Port Bus Tours

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Mid West Ports Authority – Port Bus Tours Terms and Conditions 1. General 1.1 Port Bus Tours is operated by Mid West Ports Authority (ABN 73 384 989 178) (Operator). 1.2 By participating in a Port Bus Tour run by the Operator (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. 1.3 Failure to comply with these Terms and Conditions may result in you being refused participation in and/or removal from the Tour without refund or any other form of compensation. 2. Participation requirements 2.1 The Tour commences and finishes at 298 Marine Terrace, Geraldton. 2.2 You should arrive at least 15 minutes prior to the allocated start time of your Tour. 2.3 The Operator is under no obligation to reschedule your participation in a Tour and will have no liability to offer you a refund if you arrive after the allocated start time of your Tour. 2.4 If you have the ability to obtain and hold a government ID, you are required to register it when booking online. The ID used in your booking must be carried with you at all times during the Tour. Children and school age students are not required to provide or carry ID during the Tour. 2.5 If you have previously been denied access to the Port or deemed by the Department of Home Affairs as unsuitable to obtain a Maritime Security Identification Card, you will be deemed unsuitable to enter a Maritime Security Restricted Zone. In this case, the Operator will issue you a refund as you will be deemed unsuitable to participate in the Tour. 2.6 You acknowledge that you are solely responsible for any personal belongings you bring on the Tour. 3. Health and Safety 3.1 The Tour may or may not be suitable for participants with impaired mobility. The Operator is wheelchair and mobility inclusive and welcomes you to discuss your mobility needs with the Operator prior to attending a Tour. 3.2 Medical conditions which may be affected by participating in the Tour must be notified to the Operator at the time of booking, and again at any change of circumstance. 3.3 You will be refused entry, or removed from the Tour, if you engage in any unsafe or unacceptable behaviour. This includes but is not limited to: (a) threatening or abusive behaviour (including towards tour participants or staff); or (b) being under the influence of alcohol or drugs. 3.4 You must wear fully enclosed shoes at all times during the Tour. 3.5 It is your responsibility to take appropriate care of your sun protection and hydration during the Tour. 3.6 You are required to wear a seatbelt (at all times) whilst travelling on the bus. 4. At the Tour 4.1 Commencement of the Tour depends on a minimum number of four (4) people and admits a maximum of fifty-five (55) people. 4.2 You must comply with the directions of: (a) your Tour Officer, (b) the Operator’s authorised personnel (including security personnel); and (c) the Operator’s emergency response procedures at all times. 4.3 You must exercise due care and control for your own safety (and for any other persons under your control or supervision) whilst participating in the Tour. 4.4 There is no minimum age for Tour participants. All children must be accompanied by a responsible adult at all times, who is responsible for their care and conduct during the Tour. 4.5 Smoking including the use of e-cigarettes (vaping) is strictly prohibited during the Tour. 4.6 No animals (other than registered assistance dogs) will be permitted on the Tour. 4.7 No food or drinks (other than water) are to be consumed on the bus. 4.8 Areas accessible during a Tour are subject to change on a daily, and Tour by Tour basis, at short notice, to accommodate the Operator’s operational requirements. Access to all areas is not guaranteed. The Operator has no obligation to provide an exchange or refund if an area on the Tour is not accessible at the time the Tour takes place. 4.9 You acknowledge that by participating in the Tour you may be required to undergo random drug and alcohol testing by the Operator. 4.10 The Tour will be conducted via bus transportation. 4.11 Audio-visual equipment may only be used for personal use, and not for commercial gain. 4.12 Professional media agencies, freelance photographers and video production agencies must seek prior approval from the Operator before taking images during the Tour. 4.13 Security cameras operate around the Operator’s site. You acknowledge that you may be filmed, photographed, or otherwise recorded. 5. Jurisdiction 5.1 These Terms and Conditions are governed by the laws of Western Australia and the non-exclusive jurisdiction of the courts thereof. 6. No Liability 6.1 You acknowledge that the Tour is a recreational activity 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. 6.2 You acknowledge that your health, ability and conduct will affect the risks outlined in section 6.1. To the extent the 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 excludes all: (a) liability for death or personal injury in relation to supply of recreational services; and (b) express or implied warranties and conditions, including without limitation that the Tour will be provided by the Operator with reasonable care and skill. 6.3 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 are excluded under these Terms and Conditions. 6.4 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. 6.5 To the extent permitted by law, by entering the Operator’s site and participating in the 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 connection with your participation in the Tour. 6.6 You indemnify and will keep indemnified the Operator and Operator personnel 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. 6.7 Nothing in section 6.1 to 6.5 (inclusive) limits or excludes the liability of the Operator or the Operator personnel for any liability that cannot be excluded under applicable law. 7. Operator cancellations 7.1 The Operator reserves the right to cancel the Tour for any reason including (but not limited to): (a) lack of minimum numbers; (b) bad weather; and (c) the Operator’s Site closure, and in these instances, a full refund will be provided. 8. Customer cancellations 8.1 You may transfer your booking to another person or cancel your booking by emailing: communications@midwestports.com.au. 8.2 Cancellations made 7 days or more in advance will receive a refund of the total cost of the Tour less 10% for the administrative fee. 8.3 No refund is available if the booking is cancelled within 6 days or less of the Tour. 9. Late arrivals 9.1 You must 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 in arriving to the Tour.

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