Refund policy Cancellation Policy
Mid West Ports’ On Water Port Tours Terms and Conditions
On Water Port Tours is operated by Mid West Ports Authority (ABN 73 384 989 178) (Operator). By participating in a Tour, you agree (and if you are under 18 years of age, your legal guardian agrees on your behalf) to be bound by these Terms and Conditions (T&Cs). Failure to comply with these T&Cs may result in your being refused participation in and/or removal from Mid West Ports (the Tour) without refund or any other form of compensation. Arrival at 65 Bayly Street West, Geraldton.
1. The tour commences at 65 Bayly Street West, Geraldton where you will collect your ticket. And it finishes at the floating jetty, in the Batavia Marina, waterside off 11 Wiebbe Hayes Ln, Geraldton.
2. You should arrive at least 10-15 minutes prior to the start time of your Tour. The Operator is under no obligation to reschedule your participation in a Tour and will have no liability to offer a refund if you are late.
3. Due to shipping movements changing without notice, Tours may be delayed.
4. You are required to register your government issued ID (with photo) when booking online. Additionally, the ID used in the booking needs to be carried with you at all times during the tour. It is acceptable that students/children do not have this ID, so there are exceptions for those groups. All adults need to carry a photo ID as per the Maritime Security Plan. Concession card holders must present their cards upon check in.
5. Anyone who has been previously denied access to the port or deemed by the Department of Home Affairs as unsuitable to obtain a Maritime Security Identification Card (MSIC), is deemed unsuitable to enter a Maritime Security Restricted Zone. A refund will be issued for those unable to do the Tour.
6. You are solely responsible for any personal belongings you bring on the Tour.
General Health and Safety
7. The Tour may not be suitable for participants with impaired mobility; come and talk to us about your needs. Medical conditions must be notified to the Operator at the time of booking, and again at any change of circumstance.
8. You will be refused entry, or removed from the Tour, if you engage in any unsafe or unacceptable behaviour, including without limitation threatening or abusive behaviour towards other tour participants or staff, or being under the influence of alcohol or drugs.
9. All tour participants must wear fully enclosed shoes.
10. It is the participant’s responsibility to take appropriate care for their sun protection and hydration.
Participation in a Tour
11. Commencement of the tour depends on a minimum number of four (4) people and admits a maximum of twenty-nine (30) people.
12. You must comply with the directions of your Tour Officer, Eco Abrolhos personnel, authorised Mid West Ports Authority personnel and other security personnel regarding Site operations and emergency response procedures at all times.
13. You must exercise all due care and control for your own safety and for that of any other persons under your control or supervision whilst participating in the Tour.
14. There is no minimum age for tour participants. Children must be accompanied by a responsible adult at all times, who will be responsible for their care and conduct whilst participating in the Tour.
15. Smoking, including the use of e-cigarettes (vaping), is not permitted during the Tour.
16. No animals (other than registered assistance dogs) will be permitted on the boat.
17. No food or drinks, other than water, to be consumed on the boat.
18. Areas accessible during a Tour are subject to change on a daily, and Tour by Tour basis, at short notice, to accommodate operational requirements. Access to all areas is not guaranteed, and the Operator has no obligation to provide an exchange or refund.
19. You may be required to undergo random drug and alcohol testing by Mid West Ports Authority on Site.
20. The entire tour will be conducted via boat transportation.
21. Audio-visual equipment may only be used for personal use, and not for commercial gain.
22. Professional media agencies, freelance photographers and video production agencies must seek prior approval from Mid West Ports Authority before taking images during the Tour.
23. Security cameras operate around the Site, as such you may be filmed, photographed, or otherwise recorded.
General
24. These Terms and Conditions are governed by the laws of Western Australia and the non-exclusive jurisdiction of the courts thereof.
25. The Operator reserves the right to update, modify or change these Terms and Conditions from time to time.
Liability
26. You acknowledge that the Community Port Tour is a recreational activity, and admission on Site and participation in the Tour is at your own risk. These risks include the risk of physical injury or death, the inducement or exacerbation of medical conditions and mental harm or distress. You acknowledge that your health, ability and conduct will affect such risks. To the extent the Community Port Tour is a “recreational service” within the meaning of section 139A of the Competition and Consumer Act 2010 (Cth), and to the extent permitted by law, the Operator and all Operator personnel exclude all: a) liability for death or personal injury in relation to supply of recreational services; b) express or implied warranties and conditions, including without limitation that the Community Port Tour will be provided with reasonable care and skill.
27. To the extent permitted by law all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on the Operator and Eco Abrolhos (ABN 44 615 976 273) are excluded under these Terms and Conditions.
28. If a supply under these Terms and Conditions is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law, nothing contained herein excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits the Operator to limit its liability, then the Operator’s liability shall be limited to: a) in the case of services, supplying the services again or payment of the cost of having the services supplied again; and b) in the case of goods, replacing the goods, supplying equivalent goods or repairing the goods, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
29. To the extent permitted by law, by entering Mid West Ports Authority and participating in a Tour you agree that the Operator and its personnel, representatives, servants and agents, shall not be liable to you, or anyone under your care and control, for any loss or damage (including without limitation, loss or damage caused by the negligence of the Operator or its personnel, servants and agents and incidental and consequential loss or damage) arising out of or in any way in connected with your participation in a Tour.
30. You indemnify and will keep indemnified the Operator, all Operator personnel and Mid West Ports Authority against all costs, losses or damages arising out of or in any way in connected with your participation in a Tour, or a breach by you of these Terms and Conditions, except to the extent the costs, losses or damages were caused or contributed to by the negligence of the Operator and/or the Operator personnel.
31. Nothing in clauses 26 to 30 (inclusive) limits or excludes the liability of the Operator or the Operator personnel for any liability that cannot be excluded under applicable law. Refunds, Credits and Cancellations Operator cancellations The Operator reserves the right to cancel the tour for any safety reason or due to:
• Lack of minimum numbers
• Bad weather
• Mid West Ports Authority Site closure
In these instances, a full refund will be provided.
Customer cancellations
You may transfer your booking to another person or cancel your booking by emailing: events@midwestports.com.au at least 4 hours before your tour.
If you would like a refund:
• Cancellations made 7 days or more in advance of the tour will receive a full refund less 10% admin fee
• No refund is available if the booking is cancelled within 6 days or less of the tour
Late arrivals
You should arrive at least 15 minutes prior to the start time of your Tour. The Operator is under no obligation to reschedule your participation in a Tour and will have no liability to offer a refund if you are late. Have a great tour!
