That you have read and agree to these terms and conditions prior to making your booking.

Prices are quoted in Australian dollars (inclusive of GST). Prices are per person, are correct at time of publication and can be subject to change at the discretion of Down Under Discoveries.

Inclusions are as stated in the full itinerary or service offering however are subject to change solely at the discretion of Down Under Discoveries.

Down Under Discoveries reserves the right to alter the route or itinerary of any experiences, activities, tours, programs or service offerings and arrange alternative options to those advertised if necessary. No refunds will be given in these circumstances or in the event of any delay, curtailment or alteration of a trip or service resulting from any cause beyond our control, including but not limited to severe weather conditions. Components of experiences, activities, tours, programs and service offerings are weather dependent, and Down Under Discoveries cannot be held liable if these are not available on the day of travel or service being provided. We will endeavor to deliver experiences, activities, tours, programs and service offerings as presented and will only make changes which are in the best interests of and for the safety of you, our clients. Down Under Discoveries cannot guarantee exact start/finish times and is not liable for clients failing to connect with other services or any associated costs resulting from such delays. We accept no responsibility for loss or damage to personal belongings or baggage. 

MISSING YOUR HIRE

• Please arrive at our booking hub at least 10 minutes prior to your scheduled hire time. If you arrive after this time, we reserve the right to shorten your hire time. We will not offer refunds if you do not show up for your hire or offer rescheduling.

BEFORE & DURING YOUR HIRE

• We are committed to ensuring your safety and enjoyment during all our activities. To help us achieve this, we ask that all participants read and follow our participant guidelines.

DAMAGES AS A RESULT OF HIRE

1. Liability for Damage

During your hire period, you are responsible for taking reasonable care of our equipment. You agree to be held liable for any damage caused to the equipment if it results from actions that are not considered fair use or general wear and tear.

2. Specific Damage and Cost of Repairs You may be held liable for the following costs if the equipment sustains damage under your care:

WATERBIKES

• Damaged propeller (due to running aground or hitting rocks): $150
• Damaged floats (due to running aground or hitting rocks): $250
• Damaged gearbox (due to running aground or hitting rocks): $500

SUP BOARDS

• Significantly damaged/torn beyond repair due to running aground or hitting rocks: $600

3. Recovery Fee: If we are required to recover equipment from a location outside the designated hire area or in an excluded zones, a recovery fee will be charged at $25 per kilometer from our base location.

By proceeding with the hire, you acknowledge and agree to these terms and accept responsibility for any damages incurred outside fair use or general wear and tear.

Whilst we make every effort to safeguard our clients, Down Under Discoveries cannot be held liable for any damage, injury, or loss of any kind caused by or resulting from any act or omission by our employees, agents or contractors. Clients should note that our experiences, activities, tours, programs and service offerings may involve a higher-than-normal risk, and a signed release may be required from all clients before departure. Down Under Discoveries also assumes no responsibility for any act of negligence, act, or omission whatsoever by any company whose services are used as part of our packages provided, including but not limited to food, activity, and accommodation providers. By booking an experience, activity, tour, program or service offering with Down Under Discoveries, the client agrees that Down Under Discoveries and any partnered operators will not be held responsible for any death, injury, illness, detention, delay (including mechanical breakdown), damage or loss of any nature caused or incidental to the experiences, services and operations of Down Under Discoveries and partnered operators. This is held true whether it is due, or alleged to be due to negligence, misconduct, or breach of conduct on the part of Down Under Discoveries or any  partnered operators. Clients expressly renounce all claims against Down Under Discoveries and any partnered operators in respect of such death, injury, illness, detention, delay, damage, or loss.

Down Under Discoveries aims to provide the highest standards of safety and service in the delivery of its experiences, activities, tours, programs and service offerings. To enable us to better provide for your own safety and enjoyment, we ask that you answer all questions as required prior to making your booking. By making your booking and answering the questions you are declaring that the answers provided are correct and that u have not withheld any information or material that may determine your ability to participate in the experience, activity, tour, program or service offering.

You agree that you will not take any legal or illegal substance before or during the experience, activity, tour, program or service offering that may affect your judgement or physical responses during the experience, activity, tour, program and service offering.

You are aware that during your participation in any experience, activity, tour, program or service offering arranged by Down Under Discoveries, our employees or agents, that certain risks or dangers may occur which may include, amongst others:

• involvement in physical activity and exertion.
• bodily injury and/or illness including the potential for permanent disability and death.
• possible equipment failure, malfunction, or operator error.
• hazards of participating in activities outdoors and/or at height.
• your own negligence and/or negligence of others; and
• difficulties of evacuation if you are injured or disabled.

You acknowledge that the enjoyment and excitement of experiences, activities, tours, programs and service offerings are derived in part from risks incurred by participation in those experiences, activities, tours, programs and service offerings, and that these risks may exceed those commonly accepted at work or at home.  You accept all the above-mentioned risks of my experiences, activities, tours, programs and service offerings, and the possibility of personal injury, loss or property damage resulting therefrom, and will hold Down Under Discoveries, our employees and agents free from any and all liability, actions, debts, claims and demands of any nature whatsoever, subject to the rights and privileges which apply under the Fair Trading Act (1984), the Competition and Consumer Act (2010), & the Civil Liability Amendment Act 2003. In entering this agreement, you are not relying on any representations made by or on behalf of Down Under Discoveries but do so only of your own free will.

Conditions of hire are that every participant must watch the safety video, register and sign the waiver.  Participants under 18 will need a parent or guardian to register and sign the waiver on their behalf detailing their name and date of birth.

In the event you suffer injury or illness, Down Under Discoveries has your consent to administer first aid and may arrange such medical treatment and emergency evacuation as it considers necessary for your safety.

Experiences, activities, tours, programs and service offerings may require minimum client numbers to operate. In circumstances where minimum numbers are not reached, an alternative may be offered, or refund given.

Travel insurance is not included. We hold a current 20 Million Public Liability Insurance Policy, and 2 Million Professional Indemnity Insurance Policy but strongly recommend that you acquire your own insurance cover which is your responsibility.  Prior to participating in any experiences, activities, tours, programs and service offerings, you should be aware of the risks involved.

Please read the following cancellation policy closely. We are a small business and will not tolerate negative feedback as a result of actioning our cancellation policy where needed. By making your booking you are confirming that you understand and agree to these terms. We strongly recommend you take out travel insurance to cover against such charges. Once a booking is made the following cancellation fees will apply:

Any services or offerings 1 day or less

• More than 48hrs prior to activity; $15 admin fee will apply.
• Less than 48hrs prior to activity 100% of total price
• Credit vouchers will be provided for extreme circumstance only.

 Any services or offerings of 2-3 days

• More than 7 days before departure; $25 admin fee will apply.
• Less than 7 days before departure; 100% of total price
• Credit vouchers will be provided for extreme circumstance only.

Any services or offerings of 4+ days

• More than 6 weeks before departure; $50 admin fee will apply.
• 4 – 6 weeks before departure; 25% of total price
• 2 – 4 weeks before departure; 50% of total price
• Less than 2 weeks before departure; 100% of total price
• Credit vouchers will be provided for extreme circumstance only.

Due to the extensive organization and meticulous planning that is involved with creating experiences, activities, tours, programs and service offerings, once a booking has been made a strict cancellation fee will be applicable to compensate for costs and lost revenue.

Down Under Discoveries often partners with 3^rd party suppliers to provide experiences, activities, tours, programs and service offerings and in some cases their cancellation policies differ to ours. If this is the case, it will be added as a separate Cancellation Policy to individual itineraries.

We may cancel an experience, activity, tour, program and service offering at any time before departure or booking if, due to terrorism, natural disasters, political instability, or other external events it is not viable for us to operate the planned itinerary. If we cancel your experience, activity, tour, program or service offering, you can transfer amounts paid to an alternate departure date or alternatively receive a refund. In circumstances where the cancellation is due to external events outside our reasonable control refunds will be less any unrecoverable costs. We are not responsible for any incidental expenses that you may have incurred as a result of your booking being cancelled including but not limited to visas, Travel Insurance excess or non-refundable flights.

Where a customer cancels due to Government restrictions that are either not removed as expected, extended, or reimposed, the customer will be contacted and offered a credit note to be used at a later time, where such an offer is at the absolute discretion of the operator. The operator reserves the right to withhold some monies to cover administrative expenses and other losses, dependent on when notice of cancellation is given by the customer.

Due to the time it takes to process all refunds, please allow up to 2 business days for a refund to be actioned. Refund requests must be received in writing. Most refunds take anywhere between 5 – 7 business days to show up in your account. Refunds can only be processed back to the original mode of payment and in the case of credit cards, will go back on to the same credit card. Refunds cannot be given in any other way then they were received.

Please note: Refund excludes booking fees, credit card fees and any cancellation fees that may apply.

Full payment is required to confirm the experience, activity, tour, program or service offering unless otherwise specified or alternative arrangements have been made. Failure to adhere to the payment policy may result in cancellation of your booking.

Payment plans are only offered on multiday experiences, and only where it is mentioned in an itinerary.

It is important to note that Mandurah’s dolphins are wild creatures viewed in their natural environment therefore while sighting them is likely, it may not occur on every kayaking tour. Not seeing Dolphins actually still forms a crucial part of the research, in understanding how the dolphins use our rivers and estuaries therefore refunds will not be offered in the case of not seeing any. Negative feedback in relation to this will also not be accepted. For guaranteed dolphin sightings we recommend jumping on board one of the many Dolphin Cruises with a Dolphin Guarantee policy.

Amendment Fees
If you wish to transfer from one experience, activity, tour, program or service offering to another, or transfer your booking to a third party you must notify us at least 7 days prior to the proposed departure date. A fee of AU$25 per person per change may apply (in addition to any charges levied by hotels, ground operators). If you notify us less than 7 days prior to the proposed departure date the refund policy applicable to cancellations will apply.

Other Change/Amendment Fees for all Experiences
Amendments to any other arrangements made in conjunction with your trip may incur an AU$25 administration fee per booking per change. This fee is in addition to any charges levied by hotels, ground operators or airlines. No amendments are permitted to your booking within 7 days of departure. You are strongly advised to take out cancellation insurance at the time of booking which will cover cancellation fees. If you leave a trip for any reason after it has commenced, We are not obliged to make any refunds for unused services.

In accordance with Government regulations, smoking is prohibited on all experiences, activities, tours, programs and service offerings. Any client found to be heavily intoxicated will not be permitted to continue with the experience, activity, tour, program or service offering.

Neither Down Under Discoveries, our employees, facilitators, trainers or other persons or organizations associated with, accept any liability for any damage to any persons or property resulting from the subsequent action of participants. These terms and conditions are incapable of alteration or waiver by a servant, agent or representative of Down Under Discoveries or by any other supplier.

You give permission for Down Under Discoveries to use any digital, film or video photographs we may take of you, your family or your vehicle, in our advertising, or web site. NB. Please advise if you do not wish your images to be used.

Notwithstanding anything contained in this Agreement to the contrary, Down Under Discoveries shall not be liable for any loss, injury, delay, damage or other casualty suffered or incurred by you due to storms, fires, earthquakes, explosions, embargoes, Government directives, or any other law or regulation, litigation or labour dispute, act of God, war, terrorism, or any other cause which is beyond my reasonable control. This Agreement is and shall be governed by and construed in accordance with the law of the State of Western Australia. Any legal conflict which may arise under this Agreement shall be resolved in the legal jurisdiction of the region of Perth & or Peel in Western Australia.