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Terms & Conditions

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These Terms and Conditions ("Agreement") govern the use of services provided by Airlie Adventure Tours ("we," "us," or "our"). By making a booking with us, you ("the Customer" or "you") agree to be bound by these Terms and Conditions. Please read them carefully before booking any tours or activities.

1. Booking and Payment

1.1. Booking Process
To book a tour, you must complete the booking form and provide the necessary details, including personal and payment information. Your booking is only confirmed once full payment has been received unless otherwise stated.

1.2. Payment
Full payment is required at the time of booking unless otherwise stated. Payments can be made. All prices are quoted in AUD and include applicable taxes unless stated otherwise.

1.3. Booking Confirmation
Once your payment is received, you will receive a booking confirmation email containing the details of your tour, including date, time, and location. Please review the confirmation carefully to ensure all details are correct.

2. Cancellation and Refunds

2.1. Customer Cancellations
You may cancel your booking up to 24 hours before the scheduled tour departure time for a full refund. Cancellations made within 24 hours of the tour or no-shows will result in 100% of the tour price being charged, and no refund will be provided.

2.2. Changes to Booking
If you wish to change your booking (e.g., reschedule), please notify us at least 24 hours before your tour. Changes are subject to availability and may incur additional charges.

2.3. Cancellation by Airlie Adventure Tours
In the event that we need to cancel your tour due to unforeseen circumstances (e.g., extreme weather, safety issues, or other force majeure events), we will offer you the option to reschedule the tour or provide a full refund.

2.4. Force Majeure
We are not liable for cancellations or delays caused by events outside our control, such as natural disasters, pandemics, strikes, or government-imposed restrictions. In these cases, we will offer a full refund or rescheduling options where possible.

3. Tour Operations

3.1. Itinerary and Changes
We make every effort to provide the tours as described on our website or promotional materials. However, we reserve the right to modify the itinerary or cancel the tour due to unforeseen circumstances (e.g., weather, safety concerns, or operational issues). If significant changes are made, you will be notified in advance.

3.2. Tour Minimums
Some tours may require a minimum number of participants to operate. If the minimum number is not met, we reserve the right to cancel the tour. In such cases, you will be offered the option of rescheduling or receiving a full refund.

4. Customer Responsibilities

4.1. Health and Safety
You must be in good health and physically capable of participating in the chosen tour. If you have any medical conditions or concerns, please inform us before booking. We reserve the right to refuse participation if we believe your health or safety is at risk.

4.2. Age Restrictions
Certain tours may have age restrictions. Please check the specific tour details for any age requirements. Children under the age of [insert age] must be accompanied by an adult.

4.3. Behavior and Conduct
We expect all customers to behave responsibly and respectfully during the tour. We reserve the right to remove any customer from the tour if their behaviour is disruptive, unsafe, or harmful to other participants or the environment. No refund will be given in such cases.

4.4. Personal Belongings
Customers are responsible for their personal belongings. Airlie Adventure Tours is not liable for any loss, theft, or damage to personal items during the tour.

5. Liability

5.1. Limitation of Liability
While we take all reasonable precautions to ensure your safety, Airlie Adventure Tours is not liable for any injury, loss, damage, or accident that occurs during the tour, except where such injury or damage is directly caused by our negligence or willful misconduct.

5.2. Force Majeure
Airlie Adventure Tours is not responsible for failure to fulfil any part of this Agreement due to circumstances beyond our control, including but not limited to natural disasters, pandemics, strikes, government restrictions, or other unforeseen events.

6. Insurance

We strongly recommend that all customers have adequate travel insurance to cover unforeseen events such as cancellations, medical emergencies, personal accidents, or lost baggage. Airlie Adventure Tours does not provide travel insurance.

7. Privacy and Data Protection

We respect your privacy and are committed to protecting your personal information. Any personal data you provide during the booking process will be used by our Privacy Policy, which can be reviewed on our website.

8. Governing Law

These Terms and Conditions are governed by and construed by the laws of [insert country/jurisdiction]. Any disputes arising from or in connection with these Terms and Conditions will be subject to the exclusive jurisdiction of the courts in [insert jurisdiction].

9. Amendments to Terms and Conditions

Airlie Adventure Tours reserves the right to amend or update these Terms and Conditions at any time. Any changes will be posted on our website, and the updated version will apply to any new bookings made after the date of the change.

By booking a tour with Airlie Adventure Tours, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

For any inquiries or assistance, please contact us at:

 

 

Privacy Policy​

At Airlie Adventure Tours, we are committed to protecting your privacy and ensuring that your personal information is handled safely and responsibly. This Privacy Policy outlines how we collect, use, and protect your personal information when you visit our website, make bookings, and process payments online.

By using our services or booking a tour with us, you consent to collecting, using, and disclosing your personal information as described in this Privacy Policy.

 

1. Information We Collect

We collect personal information when you make a booking through our website, contact us, or engage with our services. The types of personal information we may collect include:

  • Contact Information: Name, email address, phone number, mailing address

  • Booking Information: Tour date, tour type, number of participants, special requests

  • Payment Information: Credit card details, billing address, and other payment-related data

  • Demographic Information: Age, gender, preferences, and special requirements (e.g., accessibility needs)

  • Technical Data: IP address, browser type, device type, and browsing behaviour on our website (via cookies and analytics)

2. How We Use Your Information

We use your personal information for the following purposes:

  • Processing Bookings and Payments: To confirm and manage your bookings, process payments, and provide related services (such as sending confirmations, reminders, or receipts).

  • Customer Support: To respond to your inquiries, provide customer service, and assist with any issues or special requests.

  • Marketing and Communications: With your consent, we may send you promotional offers, newsletters, or updates about upcoming tours and activities. You can opt out of marketing communications at any time.

  • Improving Our Services: To analyze and improve our services, website, and customer experience based on your feedback and usage patterns.

  • Legal Compliance: To comply with applicable laws, regulations, and legal obligations, including fraud prevention and dispute resolution.

3. How We Protect Your Information

We take the security of your personal information seriously and implement appropriate technical and organizational measures to safeguard it. These include:

  • Encryption: All payment transactions are processed through a secure, encrypted connection (SSL/TLS), ensuring that your financial data is protected during transmission.

  • Data Storage: Your personal and payment information is stored in secure systems with limited access to authorized personnel only.

  • Access Control: We restrict access to personal information to those employees or service providers who need it to perform their duties and provide services to you.

While we use reasonable measures to protect your information, no method of transmission over the internet or electronic storage is 100% secure. Therefore, we cannot guarantee absolute security.

4. Sharing Your Information

We respect your privacy and will not share your personal information with third parties except in the following circumstances:

  • Service Providers: We may share your information with trusted third-party service providers who assist us in processing payments, managing bookings, and improving our services (e.g., payment gateways, and email service providers). These service providers are contractually obligated to protect your data and use it only for the purposes we specify.

  • Legal Requirements: We may disclose your personal information if required by law, regulation, or court order, or if we believe such action is necessary to comply with legal processes or protect the rights, property, or safety of Airlie Adventure Tours, our customers, or others.

  • Business Transfers: In the event of a merger, acquisition, or sale of all or part of our business, your information may be transferred as part of that transaction. We will notify you of any such change through appropriate means.

5. Cookies and Tracking Technologies

We use cookies and other tracking technologies to improve your experience on our website. Cookies are small text files that are placed on your device when you visit our site. These help us remember your preferences, enhance functionality, and analyze website usage to optimize our services.

You can control cookie settings through your browser settings. However, disabling cookies may limit your ability to access certain features of our website.

6. Your Rights and Choices

You have the following rights regarding your personal information:

  • Access: You can request a copy of the personal information we hold about you.

  • Correction: If your personal information is inaccurate or incomplete, you can request that we update or correct it.

  • Deletion: You can request that we delete your personal information, subject to any legal or contractual obligations.

  • Opt-Out of Marketing: You can opt out of receiving promotional emails or newsletters at any time by clicking the unsubscribe link in our communications or by contacting us directly.

  • Withdraw Consent: Where we rely on your consent to process your data, you may withdraw that consent at any time by contacting us.

To exercise any of these rights, please contact us at info@airlieadventuretours.com.au

7. Data Retention

We will retain your personal information for as long as necessary to fulfill the purposes outlined in this Privacy Policy, or as required by law, for record-keeping or legal purposes. After this period, we will securely delete or anonymize your data.

8. Children’s Privacy

Our website and services are not intended for individuals under the age of 18. We do not knowingly collect personal information from children. If you are a parent or guardian and believe that we have collected personal information from a child, please contact us so that we can take appropriate action.

9. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, technology, or legal requirements. Any updates will be posted on this page with the revised effective date. We encourage you to review this Privacy Policy periodically to stay informed about how we protect your information.

10. Contact Us

If you have any questions or concerns about this Privacy Policy, or if you wish to exercise your rights regarding your personal information, please contact us at:

 

By using our services or booking with Airlie Adventure Tours, you consent to collecting, using, and disclosing your personal information as described in this Privacy Policy.

 

Legal Waiver Release of Liability

 

Warning: Read Carefully Before Booking

This Legal Waiver and Release of Liability ("Waiver") is executed by the undersigned participant ("Participant," "you," or "your") in favour of Airlie Adventure Tours, its officers, directors, employees, agents, affiliates, and any related entities (collectively, "the Company," "we," "us," or "our").

By signing this Waiver, you acknowledge that swimming at Cedar Creek Falls ("the Activity") is a potentially hazardous activity and that your participation is voluntary. You agree to the following terms and conditions:

 

1. Acknowledgment of Risk

You acknowledge that swimming at Cedar Creek Falls involves inherent risks, which include, but are not limited to:

  • Drowning or near-drowning

  • Slippery or uneven surfaces, leading to falls or injuries

  • Sudden changes in water conditions, including currents and water depth

  • Wildlife encounters (e.g., snakes, Goanna, etc.)

  • Weather-related hazards such as storms, rain, extreme heat, or strong winds

  • Personal injury from slipping, tripping, or falling in the water or surrounding areas

You fully understand these risks and voluntarily accept them by participating in the Activity.

 

2. Release of Liability

To the fullest extent permitted by law, you hereby release, waive, and discharge Airlie Adventure Tours and its employees, agents, contractors, officers, and affiliates from any liability, claims, demands, or causes of action, arising out of or in connection with your participation in the Activity, including, but not limited to, personal injury, death, property damage, or loss of any kind.

This release applies to any acts of negligence or other conduct by the Company, except for willful misconduct or gross negligence.

 

3. Indemnification

You agree to indemnify, defend, and hold harmless Airlie Adventure Tours from and against any claims, damages, losses, liabilities, and expenses (including legal fees) arising from or in connection with your participation in the Activity, including any third-party claims resulting from your actions, omissions, or failure to follow the rules and guidelines set forth by the Company.

 

4. Health and Fitness

By participating in the Activity, you confirm that you are in good physical health and do not have any medical condition that would impair your ability to swim or safely participate in the Activity. You further agree to disclose any relevant medical conditions or concerns to Airlie Adventure Tours in advance of the tour.

If you have any health concerns, it is recommended that you consult with a healthcare provider before participating in the Activity.

 

5. Safety and Behavior

You agree to follow all safety instructions, guidelines, and rules provided by Airlie Adventure Tours and its employees during the Activity. You will exercise caution at all times, behave responsibly, and respect the natural environment, other participants, and any other visitors to Cedar Creek Falls.

The Company reserves the right to remove any participant from the Activity who is deemed to be behaving recklessly, in violation of safety protocols, or in a manner that could endanger themselves or others. No refunds will be given in such circumstances.

 

6. Assumption of Responsibility

You acknowledge that you are solely responsible for your actions, behaviour, and safety while swimming at Cedar Creek Falls. You assume full responsibility for any risk of injury, damage, or loss to yourself, your property, or to others resulting from your participation in the Activity.

 

7. Consent to Medical Treatment

In the event that you require medical treatment during the Activity, you consent to emergency medical treatment, including transportation to a medical facility, if necessary. You agree to bear all costs associated with such medical treatment.

 

8. Photographs and Media Release

You grant Airlie Adventure Tours the right to take photographs, video recordings, or other media of you during the Activity for promotional and marketing purposes. You agree that these images or recordings may be used in promotional materials, social media, websites, or other forms of advertising without compensation or further consent.

 

9. Governing Law and Jurisdiction

This Waiver shall be governed by and construed by the laws of Queensland. Any disputes arising out of or in connection with this Waiver will be subject to the exclusive jurisdiction of the courts in Queensland.

 

10. Severability

If any provision of this Waiver is deemed invalid or unenforceable, the remainder of this Waiver will remain in full force and effect. The invalidity of any provision will not affect the enforceability of the other provisions.

 

              By ticking yes to the box on our booking form you confirm that you have read, understood, and voluntarily agree to all the terms and conditions outlined above.

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SUSTAINABILITY STATEMENT

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At Airlie Adventure Tours, we are deeply committed to preserving the natural beauty and cultural heritage of  The Whitsunday's. Our mission is to provide unforgettable adventure experiences while prioritizing sustainability and environmental stewardship.

We recognize that tourism can impact the environment and local communities, and we strive to minimize our footprint through the following principles:

  1. Eco-Friendly Practices: We utilize sustainable transportation methods, promote responsible waste management, and actively seek to reduce our carbon emissions.

  2. Community Engagement: We collaborate with local organizations and indigenous communities to ensure our tours support the local economy and respect cultural heritage.

  3. Conservation Efforts: We are dedicated to protecting the unique ecosystems of the Whitsundays through educational programs, conservation initiatives, and participation in local environmental projects.

  4. Continuous Improvement: We regularly assess our practices and seek innovative ways to enhance our sustainability efforts, ensuring that we remain accountable for our environmental and social responsibilities.

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By choosing Airlie Adventure Tours, you are not only experiencing the wonders of the Whitsundays but also contributing to the preservation of this breathtaking region for future generations. Together, we can enjoy the beauty of nature while protecting it.

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