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Terms & Conditions

Terms & Conditions

These terms and conditions relate to all TOURS and ACCOMMODATION at Baird Bay Experience. Note that bookings made via authorised third parties may have some varying terms and conditions and exclusive property buy-out bookings are subject to separate terms and conditions.

  1. INTERPRETATION
    • Operator: Baird Bay Experience.
    • Guest: Tour Passenger or Villa Accommodation Guest.
    • Child/Children: Guests aged 17 or younger.
    • Tour: Any experience tour offered by the Operator, including but not limited to the Sealion and Dolphin Swim (swimming or sightseeing) and fishing charters.
    • Accommodation: Any overnight stays in one/both of the Operator’s Seaside Villas.
  1. RESERVATIONS & PAYMENT
    • Reservations can be made through the Operator’s official website, authorised third parties, or by contacting the Operator directly.
    • Full names and contact phone number must be provided at time of booking.
    • Tours:
      1. Full payment is due at time of booking via credit/debit card.
      2. The age of each Guest must be provided at time of booking a tour.
      3. Health conditions or fitness issues should also be disclosed at time of booking a tour.
    • Accommodation:
      1. Rates are per Villa per night based on max. two-person occupancy.
      2. Extra Guests are charged a fee in addition to the base rate.
      3. A valid credit/debit card guarantee is required at time of booking.
      4. No payment is due at time of booking.
      5. Full payment is then processed to that card 30 days prior to arrival.
  1. CHILDREN
    • Tours
      1. Children of all ages including toddlers and babies are charged at the child rate for tours, as they are included in the vessel’s passenger limit.
      2. Children must be accompanied on the tour and in the water by an adult or guardian with a ratio not greater than 2 Children to 1 adult.
      3. Subject to 3(a)(2), adults are ultimately responsible for determining the appropriate supervision ratio, acknowledging that Children with lower swimming ability and/or higher needs may require a ration of 1 Child to 1 adult.
    • Accommodation
      1. Children 0-2 years at the date of arrival attract no charge.
      2. One cot and baby bath per room is available free of charge. 
  1. CHANGE OR CANCELLATION BY GUEST
    • Tours
      1. 90% refund if cancelled at least 7 days before the scheduled tour.
      2. 50% refund if cancelled at least 48 hours before the scheduled tour.
      3. 25% refund if cancelled within 48 hours and more than 4hrs of the scheduled tour.
      4. No refund for no-shows, or cancellations within 4hrs of the scheduled tour.
      5. Changes can be made no less than 7 days before scheduled tour, at no additional charge.
      6. Changes made within 48 hours of the scheduled tour attract a 25% admin fee.
    • Accommodation
      1. 50% refund if Guest cancels within 30 days and more than 7 days of the arrival date.
      2. 25% change fee if a Guest changes within 30 days and more than 7 days of the arrival date.
      3. No refund for Guest no-shows, cancellations or changes within 7 days of the arrival date.
  1. CHANGE OR CANCELLATION BY OPERATOR
    • Tours
      1. The Operator reserves the right to cancel/change scheduled tours at any time due to unsuitable weather, safety concerns or other reasonable considerations, without liability beyond the price of the booking.
      2. Where the Operator makes a change/cancellation within 7 days of the scheduled tour, the Guest may choose between a full refund or a rescheduled tour.
      3. The Operator reserves the right to substitute charter vessels when necessary or appropriate.
    • Accommodation
      1. The Operator reserves the right to cancel/change an accommodation booking on reasonable grounds at any time.
      2. Where the Operator cancels an accommodation booking, a full refund will be provided.
    • Bookings received through third parties/travel agents/online channels may be subject to varying cancellation, change and refund policies.
    • The Operator is not liable for losses incurred through Operator changes/cancellations or booking via a third-party agent, including any communication failures about cancellation or change between the agent and Guest.
  1. REFUNDS
    • Refunds will be processed via the same method as the payment was received, including via a third-party agent.
    • The Guest may choose a rescheduled tour/stay or a voucher instead of a refund.
    • The Operator’s liability is limited to costs of tours and accommodation with The Operator. The Operator highly recommends travel insurance to cover unforeseen changes/cancellations.
    • Non-Swimming Tours
      1. The Operator does its best to facilitate an in-water experience with sealions and/or dolphins, with a very high success rate, but there are simply no guarantees with wildlife.
      2. If swimming is not achieved on the tour, Swimming fares will be refunded back to the level of a Sightseeing fare. Full refunds will not be offered.
      3. Term 6(d)(2) above does not apply where the Guest chooses not to swim once on the tour, with wetsuit already fitted.
  1. VOUCHERS
    • Vouchers are available for purchase by Guests, or may be issued in lieu of a refund.
    • Vouchers can be for any amount, to be used against the price of a booking.
    • Vouchers are non-refundable and not redeemable for cash, including where the full value of the voucher is not redeemed on a booking.
    • The expiry date will be listed on the voucher.
    • Vouchers may be transferred into another name, with written approval from the Operator.
  1. FOOD & BEVERAGE
    • Included: Light refreshments are served aboard the boat during the tour, then more substantial food is served at the conclusion of the tour.
    • Not included, but available for purchase: A range of food and beverage options is available to accommodation Guests in the Villas. Note pre-booking may be required.
    • In each case, the Operator endeavours to cater for a variety of dietary requirements, but cannot guarantee options for all.
    • Guests should inform the Operator at time of booking of any allergies or dietary preferences, enabling the Operator to prepare ahead of time where possible.
  1. GUEST RESPONSIBILITIES
    • Tours
      1. Guests are not permitted to use selfie-sticks or fins/flippers in the water, in consideration of the sea creatures.
      2. Guests must be in good health and have a basic swimming ability; and must notify the Operator of any known weaknesses in these areas.
      3. Guests with known medical conditions are advised to seek medical advice before booking.
      4. Guests are responsible for their own safety and must adhere to instructions in the safety briefing by the Operator.
      5. The Operator accepts no liability for any loss of personal belongings during the tour; nor any injury arising from a contravention of instructions in the safety briefing.
      6. Guests are expected to respect the wildlife, fellow Guests and our guides.
      7. Respect for marine life is paramount and Guests must follow guidelines to minimise impact on sealions and dolphins.
      8. Guests are advised to bring a jacket, swimwear, a towel and sunscreen.
      9. Guests should avoid using sunscreen that is not mineral-based, before in-water interactions. We recommend using Australian sunscreens with 4 hours of water resistance to minimise wash off of any UV filters into the water, or applying your sunscreen once swimming completed.
      10. Littering in the marine environment is strictly prohibited.
      11. The Operator reserves the right to revoke swimming permission from any Guest who does not adhere to the above guest responsibility and environmental guidelines, without a refund.
    • Accommodation
      1. Villa Guests are not permitted to host parties unless expressly permitted by the Operator.
      2. Guests must not create excessive noise or disturbance of other guests or staff.
      3. The Operator reserves the right to terminate the Guests’ accommodation at any time without any refund, should clear requests for noise reduction by the Operator be ignored by the Guest or not complied with for any other reason.
      4. Should the Guest damage the Villa, its chattels or any other property at Baird Bay Experience, intentionally or through recklessness, the Operator reserves the right to charge the Guest’s credit card with a reasonable cost of repair/replacement.
      5. The Guest should notify the Operator of any faults or breakages, so they can be promptly fixed or replaced.
  1. PRIVACY
    • Click HERE to access our Privacy Policy.

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Country refers to: South Australia, Australia

  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Baird Bay Experience, 33 Baird Bay Rd, Baird Bay SA 5671.

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Service refers to the Website.

  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

  • Website refers to Baird Bay Experience, accessible from https://bairdbay.com/

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

Baird Bay Experience, EST. 1992
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