General Terms and Conditions

The Following terms and Conditions apply to all bookings placed with Kayak Australia (KayakOz PTY LTD, the Releasee).

• Payment in full is required at the time of booking.
• The participants (those making this booking and all individuals undertaking the activity) understands and acknowledges that kayaking is inherently a dangerous activity and accepts that there are risks associated with kayaking including the possibility of injury, death, loss or damage.
• Participants must disclose if they are suffering from any illness or injury. And only partake in the adventure if they are fit and capable to do so. Participants with back, neck, shoulder, or heart conditions, or those that are pregnant, should carefully consider if the activity is suitable for them, and participate at their own risk. 
• Participants must be under 130kg (the max capable carry weight of the kayaks). Kayaks will also become less stable the closer the weight is to this maximum and we accept no responsibility if a customer is unable to balance the kayak adequately.
• Any participants MUST be over 8 years of age and able to paddle their own craft without assistance. 
• Any children MUST be accompanied by a parent or guardian 18yrs of age or older. This parent/guardian will be in a separate kayak.
• All participants acknowledge that they are capable swimmers. 
• All participants agree to watch any instructional and safety videos provided by Kayak Australia. 
• All participants (or relevant parents/guardians) must sign the waiver prior to commencing activity.
• Adventures are in an outdoor marine environment. Participants will get wet.
• Participants are responsible for their own appropriate clothing, sun protection, drinks and food. Solid footwear is also required.
• Dry bags are provided, but participants are encouraged to limit technology and valuable items taken down river. At least 2 mobile phones per group are required for emergency contact and to call for pick up (where applicable).
• All participants MUST wear a supplied PFD (personal flotation device) at all times whilst kayaking. Participants are responsible for ensuring the are provided a PFD and all necessary equipment.
• Unless specifically arranged all bookings are UNGUIDED, customers will not be accompanied by a guide or Kayak Australia personnel.
• Kayak Australia reserves the right to cancel, or adjust start time of adventure specifics at any time and without prior notice. 

Cancellation policy

Provider cancellation event.

Any bookings that are required to be cancelled due to unsafe conditions will be refunded in full by Kayak Australia. The decision to deem an adventure unsafe is wholly the responsibility of, and at the discretion of, Kayak Australia. Kayak Australia reserves the right to cancel bookings without prior notice, and at any moment up until, and during a booking. Reasons for cancellation may be, but are not limited to: Low or high river conditions, bushfires,  specific weather forecasts (BOM forecast taken the day before the booking, Thunderstorms or more than 40mm of rain, hail storm, extreme wind), or a location provider being unable to fulfill the booking for any reason whatsoever. If possible, optional alternative adventures may be offered.

Kayak Australia will not usually cancel any booking due to rain or cold. We encourage a sense of adventure and proper preparedness. Kayaking in the rain is fun. Give it a go and enjoy yourselves. 

Kayak Australia reserves the right to refuse any participant suspected of being under the influence of alcohol or drugs. This discretion may be exercised by Kayak Australia, and any individual or parties representing Kayak Australia in the delivery of a booking. If a booking is cancelled due to suspected influence of alcohol or drugs, no refund will be provided. 

Kayak Australia reserves the right to refuse any customer due to belligerence of any kind. In this event, Kayak Australia may cancel the entire booking, which will not be eligible for a refund of any kind. 

Customer cancellation event. 

Any cancellations, or name or date changes must be requested by email to [email protected]  

Cancellation within 48hrs of making a booking will result in a full refund. 

Cancellation more than 4 weeks prior booking will incur a $20 (per booking) refund fee.

Cancellation between 2-4 weeks prior booking will incur a 30% (total booking) refund fee.

Cancellation between 2 weeks – 5 days will incur a 50% (total booking) refund fee.

Cancellations in the 5 days prior to the booking will forfeit 100% of the booking fee.

Bookings made within 48hrs of departure are non-refundable.

All booking alterations have a minimum $20 admin fee

Any booking alterations within 4 weeks of the booking date will cause the booking to become non-refundable. 

Additionally:

• Change of date within 2 weeks of the booking date incurs a 20% (of total booking) fee.
• Change of date within 48hrs of the booking incurs a 40% (of total booking) fee.
• Reduction of booking numbers within 2 weeks of the booking date incurs a $20 per person fee.
• Reduction of booking numbers within 48 hours of the booking time will not be refunded.

Kayaking Waiver – Jamieson

This waiver will be supplied for online signature at the time of booking.  

THIS IS A LEGAL DOCUMENT – PLEASE READ CAREFULLY

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (the “ACL”)

Under the ACL, several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational Services it supplies to you:

are rendered with due care and skill;

are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and  might reasonably be expected to achieve any result you have made known to the supplier.

Under section 22 of the ACL, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you agree that your rights to sue the supplier under the ACL if you are killed or injured because the Services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form to the extent permitted by law. NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the ACL

“Services” are defined as the supply of kayaks and associated equipment (collectively referred as the “equipment”), as well as drop off and collection by vehicle of the equipment and/or persons who receive the supply of Services at agreed locations where requested. 

1. I have contracted and arranged for Kayak Oz PTY LTD (Releasee) to provide me with the use of a kayak(s) for the purpose of self-guided expeditions.
2. I am familiar with the use of the equipment and I am competent to undertake this expedition without supervision.
3. I am in good medical and physical condition and not under the influence of drugs, medication or alcohol. 
4. I am aware of the risks associated with kayaking and the conditions have been explained to me. I agree to have watched all supplied video media regarding this risk.
5. I unconditionally accept the risk of: sustaining personal injury (including any form of mental trauma) and/or death arising out of the use of the equipment; and suffering loss as a result of property damage arising out of the use of the equipment. I hereby unconditionally release, discharge and forever hold harmless the Releasee for any losses or damages sustained by me or any of my dependants or representatives as a result of my operation of the said activities regardless of how the same was caused and regardless of any negligence or breach of contract or other wrong doing by the Releasee to the extent permitted by law.
6. I also unconditionally agree to indemnify the Releasee against any liability, which may attach to it as a direct or indirect result of my use of the equipment. 
7. This Assumption of Risk and Release may be relied upon by the Releasee or any party on its behalf as a bar to any claim proceeding brought by me or my representative(s) against it as a direct or indirect result of my use of the said equipment.
8. I also agree to reimburse the Releasee for any damage or loss of equipment that I have been provided with by the Releasee. The amount being equal to the purchase value.

I have read this entire Assumption of Risk and Release and I have understood it in full. I confirm that I am of sound mind and understanding and that I fully understand the effect of this document.