Terms and conditions
Table of contents
Definitions
Booking conditions
Risk warning
Use of your image
Miscellaneous
Updated 22/02/2023
Swim School Services terms and conditions of OceanFit Pty Ltd
We are OceanFit Pty Ltd (OceanFit), a company registered in Australia, ACN 602 106 016.
Our address is 2 Leswell Street, Bondi Junction NSW 2022.
These terms and conditions are your contract with us for the provision of any Swim School Services you book with us.
In this document, “you” and “your” include the lead-named person on the confirmation invoice (who must be at least 18 years old at the time of booking) and all persons on whose behalf you make a booking.
These are the agreed terms
1. Definitions
| “OceanFit” | means the company OceanFit Pty Ltd. |
| “Lesson” | means any clinic/class/private lesson activities constituted in the services we offer. |
| “Swim School Services” | means our service in providing lessons. |
| “Participant” | means a person booked into any Lesson. |
| “Instructor” | means an employee of OceanFit Pty Ltd delivering Swim School Services. |
| “Guarantee” | means the Swim School Services COVID Flexibility Guarantee |
Booking conditions
2. The contract between us
2.1 OceanFit Swim School Services vary. Whatever service you choose, the terms of this contract will apply unless we indicate otherwise.
2.2 The contract between us comes into existence when we send our confirmation invoice to you. You will have undertaken to pay for your booking and we will have undertaken to provide you with the Lesson we describe on our website.
2.3 If we are unable to accept your booking, we will of course return your payment to you immediately.
2.4 When you make a booking with us, whether or not through our website, you have the benefit of our full compliance with the Competition and Consumer Act 2010.
2.5 For you to make a booking, we require your full payment and a completed booking form, as provided on our website. Our confirmation invoice will be sent to you by email. We may decline your booking for any reason and we do not have to give you the reason. If that happens we will return your money to you immediately and in any event within 14 days.
3. Your authority to book for others
3.1 If you make a booking on behalf of others as well as yourself, you guarantee that you have the authority of each of those other people to enter into the contract and that you and they have agreed to be jointly and severally liable to us. You now accept personal liability for the acceptance and compliance of each of those people, with these contract terms.
3.2 It is your responsibility to ensure that all of the details on your booking are correct and notify us of any discrepancy or misunderstanding immediately. We shall also look only to you for ensuring the accuracy of the personal details and other information supplied by other members of your party and for whatever liaison communication is necessary between you and each other party to keep them fully informed.
3.3 As the lead member of your party, we will deal only with you in our correspondence.
3.4 There may be occasions when each member of the party is contacted by us, however, as the lead member, you should not assume this to be the case, and you should share all information you receive with all members of the party.
4. What is included in the price of an OceanFit Lesson?
4.1 Lesson inclusions are stated in the itinerary for each individual Lesson, on each specific date, on our website.
5. What is NOT included?
5.1 transport to and from the Lesson destinations;
5.2 swimwear, wetsuit or goggles for use or hire.
6. Lesson prices and fees
6.1 When you make your booking, we shall ask you for the full payment.
6.2 We shall not change the price of your booking once we have accepted your booking.
7. Our booking and transaction fees
7.1 We are charged fees by our credit card processing facility (1.6%) and by our online booking platform (2.5%) to process your booking.
7.2 These fees are what it costs us to process your booking and it is processed by and paid to, third parties. We only charge you what it costs us to process the transactions.
7.2 For online credit card payment transactions, a credit card payment processing fee of 1.6% is added to the component you are paying online. You are not charged this fee for bank transfers, where allowed.
7.3 For online bookings, a booking surcharge of 2.5% of the total purchase price is paid at the time of booking. This is paid whether your payment is online or a bank transfer or a combination of both.
7.4 The booking surcharge and credit card payment processing fee are non-refundable, including in situations where you cancel your booking or we cancel your booking for any reason.
8. Special requests
8.1 Any special requests relating to your lessons must be sent to us at the time of booking in writing. While we try to meet your reasonable requests, we do not guarantee that they will be fulfilled. If we are able to confirm a special request, we will do so by confirming in writing to you at least 1 week before your Lesson.
9. Minimum participants required for the Lesson
9.1 As stated on our website, a minimum number of participants are required in order for the Lesson to go ahead. Therefore we have a right to cancel any Lesson for which there are insufficient bookings.
9.2 In the event of any such cancellation, all deposits or other payments made specifically to OceanFit will be refunded in full.
9.3 We reserve the right to cancel any Lesson, for which there are not enough bookings, not less than 7-days prior to the Lesson date. In the event of our cancellation, your full payment will be refunded in full, or, if you prefer, transferred to an alternative OceanFit Lesson.
9.4 You agree that all these provisions are reasonable.
10. Changing your booking
10.1 We will always do our best to help you with any change to your booking information. However, we give no guarantee that we shall succeed. If you require any change, you must tell us by email.
11. Transferring your booking to another person
If you would like to transfer your booking from one person to another, the following terms apply:
11.1 The transferee must satisfy any special conditions or prerequisites applicable to the Lesson.
11.2 You must inform us about your intention to transfer your booking to the transferee at least 14-days before the Lesson date in writing or through email.
11.3 You and the transferee will accept that you and he/she will be jointly and severally liable for full payment of any outstanding sums due in respect of the booking as well as fees, charges or other costs arising from the transfer.
11.4 Our administration charge for a transfer is $20.
11.5 We will not refund or compensate you if changes made to your booking, or re-booking, leave you paying for parts of the Lesson Service that you do not use.
12. Cancellation or transfer to another Lesson by you
12.1 If you or a member of your party needs to cancel or transfer your booking, you must tell us by email. We will not accept cancellation or transfer by telephone alone. Cancellations and transfers incur costs for us. Costs vary considerably and are not always precisely identifiable. We, therefore, charge fees as follows:
| more than 14 days prior to the Lesson: | |
| Cancellations permitted | Refund (minus 10%) |
| Transfers permitted | $20 |
| between 8 and 14 days prior to the Lesson: | |
| Cancellations permitted | Refund (minus 50%) |
| Transfers permitted | $50 |
| up to 7 days prior to the Lesson: | |
| Cancellations not permitted | No refund |
| Transfers not permitted | No refund |
‘Days prior’ means the specified number of calendar days before the occurrence of the Lesson, not counting the calendar date on which the Lesson is scheduled to occur. For example, if your Lesson is on a Saturday, then 7 days prior is the Saturday prior to your Lesson.
12.2 In any circumstances giving rise to cancellation more than 14-days before your Lesson, we will allow you to transfer the money you have paid, to some other OceanFit Lesson you choose. In order to be eligible for a transfer, you must transfer to a future OceanFit Lesson that is already scheduled and taking bookings. In the instance there are no scheduled OceanFit Lessons available for you to transfer into, your booking is deemed to be cancelled. Whether we allow you to transfer is at our discretion, for which we do not have to give a reason.
12.3 In any of the above circumstances, we will return any money due to you within 14-days.
13. If we cancel your Lesson or make changes
Because we make Lesson arrangements far in advance, we sometimes have to change an arrangement and occasionally even cancel a Lesson. If that happens the following terms apply:
13.1 We will always inform you as soon as possible about any change. If that happens you may:
a) accept the change; or
b) accept our offer of alternative Lessons of a comparable standard; or
c) cancel your booking, whereupon we will give you a full refund of all money paid (minus the booking and transaction fee).
13.2 We will not compensate you for minor changes outside our control. Examples are reasonable changes to start/finish times, varied activities, varied locations, or instructors.
13.3 We will cancel your Lesson only in circumstances where we have no choice but to do so.
14. Cancellation due to poor weather and open water conditions
14.1 The weather and open water conditions play a significant role in the safety, enjoyment and teachability of our Lessons. When we consider how the weather and ocean conditions will impact a Lesson, we take into account:
a) The type of Lesson
b) The ability and experience of Participants (and the fact we may not have seen you swim yet)
c) The changing conditions and forecast
d) Swell, waves, seas, wind, rain, water quality, visibility, air temperature, water temperature
e) Length of Lesson
f) Instructor workload and scheduling
g) Whether we have the ability to reschedule
h) Any other mitigating factors that may be present.
Should we decide the weather and open water conditions do not meet our safety and teachability standards, we will either:
a) Cancel the Lesson
b) Relocate all, or part of, the Lesson
c) Modify the Lesson content
14.2 In the majority of cases, if the weather and ocean conditions are marginal, we will wait until the last minute to cancel a Lesson at the venue, moments before the scheduled start time of the Lesson. Conditions can be very different to what is forecast, and they can change fast, so the only true way to assess conditions is at the venue, in real time.
In this case:
a) You must be in attendance to find out whether a Lesson is going ahead or not
b) Only Participants who are present, at the venue, when the Lesson is cancelled will get to reschedule their Lesson
c) If you are not present at a Lesson when it is cancelled, you will forfeit your Lesson
14.3 There are no refunds for a Lesson that is cancelled due to poor weather and open water conditions.
15. If COVID-19 affects your Lesson
15.1 We do not have any specific COVID-19 policies. Section 12 covers instances where you are unable to attend a Lesson.
16. If you have a complaint
Your point of contact during the Lesson will be:
Andre Slade,
Director, OceanFit Pty Ltd
[email protected]
If you have a problem during your Lesson it is most important that you immediately inform your instructor.
If you feel our instructor has not resolved your problem please write to us within 14-days of your Lesson giving us full details of your Lesson and concise details of the complaint and any subsequent history.
Risk Warning and Waiver of Liability
The following sections 17, 18, 19 and 20, affect your legal rights and obligations. Please read these carefully and only book a Lesson if you fully understand their contents. For Participants under 18 years of age, the booking must be completed by a parent or legal guardian.
17. Risk warning
You are aware that by your participation in any activities arranged by OceanFit, certain risks or dangers may occur which could include:
- Physical, bodily or psychological injury or death
- Physical exertion to which you are not accustomed
- Failure of equipment or use of inadequate equipment
- There may be no or inadequate facilities for treatment or transport to treatment if you are injured
- The conditions in which the activities are conducted may vary without warning
- You may cause injury to other persons and/or other persons may cause injury to you
- You may be injured or die due to the negligence, breach of contract or breach of statutory duty or guarantee of ours.
You acknowledge that the activities are being undertaken for the purposes of recreation, enjoyment or leisure, and involve a significant degree of risk of physical harm.
You acknowledge that the Lesson may be undertaken with one or more other persons as part of a group and that we are not liable for the actions of other participants in the group Lesson.
By accepting these Terms & Conditions, you acknowledge, agree and understand that the risks associated with the Lessons and/or recreational services have been explained to you. You undertake any such risk voluntarily and at your own risk.
You acknowledge that the risk warning above constitutes a “risk warning” in accordance with the Civil Liability Act 2002 (NSW) and the Civil Liability Act 2002 (WA).
18. Participant’s warranties
You agree to abide by any of our rules, and any direction or instruction given to you by us during the course of the Lessons. You agree to use and/or wear any equipment given to you by us.
You declare that you are medically and physically fit and able to participate in the Lessons. You acknowledge that you must, and agree that you will, disclose any pre-existing medical or other condition, injury or concern that may affect the risk that either you or any other person will suffer injury, loss or damage during the course of the Lessons and notify us of any injuries, illness or concerns that may arise during the Lesson. You will not engage in any reckless, negligent or foolish behaviour or any other behaviour that is likely to cause injury to you, any other participant or person.
You agree that if you suffer any injury or illness, we may provide evacuation, first aid and/or medical treatment at your expense and that your acceptance of these terms and conditions constitutes your consent to such evacuation, first aid and/or medical treatment.
You declare that you have not consumed any alcohol or mind-altering substance, or medication that may impact your judgement or physical capacity, before or at the time of engaging in the Lessons.
19. Exclusion of liability
You agree to and unconditionally release, waive, discharge and forever hold harmless, OceanFit or any of its employees, agents, directors or officers, from any claims as a result of any personal injury sustained, whether caused by our negligent act or wilful act or omission, breach of contract, breach of statutory duty, error, or otherwise in connection with or arising out of the Lessons.
You agree that we will not be liable for any claims for personal injury that may be brought against us as a result of or in connection with any act, omission, default, failure or error on the part of us, and agree to indemnify and keep indemnified OceanFit in respect of any such claims.
20. Waiver
It is possible for a supplier of recreational services to ask you to agree that the statutory guarantees under the Australian Consumer Law (which is schedule 2 to the Competition and Consumer Act 2010 (Cth)) do not apply to you. If you agree to our Terms & Conditions, you will be agreeing that your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue OceanFit in relation to our services or the activities that you undertake because the services or activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below.
For Queensland, New South Wales, Western Australia, Tasmania, Northern Territory and Australian Capital Territory and Commonwealth
By agreeing to our Terms & Conditions, you agree that the liability of OceanFit in relation to the activities (as defined by the Competition and Consumer Act 2010 (Cth), the Consumer Affairs and Fair Trading Act (NT) and the Australian Consumer Law) and recreational activities (as defined by the Civil Liability Act 2002 (NSW) and the Civil Liability Act 2002 (WA)) for any:
- Deaths;
- Physical or mental injuries (including the aggravation, acceleration or recurrence of such an injury);
- The contraction, aggravation or acceleration of a disease;
- The coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual:
- That is or may be harmful or disadvantageous to you or the community; or
- That may result in harm or disadvantage to you or the community;
That may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of the recreational services or recreational activities is excluded.
You acknowledge and agree that the above provision operates to exclude the liability of OceanFit as a result of a breach of an express or implied warranty that the recreational services will be rendered with reasonable care and skill in accordance with section 5J of the Civil Liability Act 2002 (WA) and section 5N of the Civil Liability Act 2002 (NSW).
For South Australia
Exclusion, restriction or modification of rights under the Australian Consumer Law (SA)
Your rights:
Under sections 60 and 61 of the Australian Consumer Law (SA), if a person in trade or commerce supplies you with services (including recreational services ), there is—
- A statutory guarantee that those services will be rendered with due care and skill; and
- A statutory guarantee that those services, and any product resulting from those services, will be reasonably fit for the purpose for which the services are being acquired (as long as that purpose is made known to the supplier); and
- A statutory guarantee that those services, and any product resulting from those services, will be of such a nature, and quality, state or condition, that they might reasonably be expected to achieve the result that the consumer wishes to achieve (as long as that wish is made known to the supplier or a person with whom negotiations have been conducted in relation to the acquisition of the services).
Excluding, restricting or modifying your rights:
Under section 42 of the Fair Trading Act 1987, the supplier of recreational services is entitled to ask you to agree to exclude, restrict or modify his or her liability for any personal injury suffered by you or another person for whom or on whose behalf you are acquiring the services (a third party consumer).
If you sign this form, you will be agreeing to exclude, restrict or modify the supplier’s liability with the result that compensation may not be payable if you or the third party consumer suffer personal injury.
Important
You do not have to agree to exclude, restrict or modify your rights by agreeing to these Terms & Conditions. The supplier may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by agreeing to these Terms & Conditions. Even if you agree to these Terms & Conditions, you may still have further legal rights against the supplier.
A child under the age of 18 cannot legally agree to exclude, restrict or modify his or her rights. A parent or guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child’s rights.
Agreement to exclude, restrict or modify your rights:
You agree that the liability of the person under the age of 18 [named as a participant on your booking form] for any personal injury that may result from the supply of the recreational services that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) is excluded.
Further information: Further information about your rights can be found at www.ocba.sa.gov.au
For Victoria
Warning under the Australian Consumer Law And Fair Trading Act 2012 (Vic)
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on these Terms & Conditions is required to ensure that the recreational services it supplies to you—
- Are rendered with due care and skill; and
- 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 Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 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 these Terms & Conditions.
NOTE: The change to your rights, as set out in these Terms & Conditions, 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 Australian Consumer Law and Fair Trading Act 2012.
Agreement to exclude, restrict or modify your rights:
You agree that the liability of OceanFit for any personal injury that may result from the supply of the recreational services that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) is excluded.
Use of your image
- Right to use your image
You acknowledge and consent to photographs, videos and electronic images being taken of you during your Lesson. You acknowledge and agree that such photographs, videos and electronic images are owned by OceanFit and that we may use the photographs for promotional or other purposes without your further consent being necessary.
Declaration and Signature
You have read carefully and understand these Terms and Conditions, including the risk warning and waiver of liability and book your Lesson freely and voluntarily without inducement of any kind.
For Participants under age 18
You certify that you, as a parent/guardian with legal responsibility for the Participant, acknowledge, understand and accept all of the above and consent to his/her release as provided above. You release and agree to indemnify and hold harmless OceanFit from any and all liabilities arising from your minor child’s involvement or participation in the Lesson and/or recreational services, even if arising from the negligence of OceanFit.
Table of contents
Definitions
Booking conditions
Risk warning
Use of your image
Miscellaneous
Updated 10/01/2024
Tour Services terms and conditions of OceanFit Pty Ltd
We are OceanFit Pty Ltd (OceanFit), a company registered in Australia, ACN 602 106 016.
Our address is 2 Leswell Street, Bondi Junction NSW 2022.
These terms and conditions are your contract with us for the provision of any Tour Services you book with us.
In this document, “you” and “your” include the lead-named person on the confirmation invoice (who must be at least 18 years old at the time of booking) and all persons on whose behalf you make a booking.
These are the agreed terms
1. Definitions
“OceanFit” means the company OceanFit Pty Ltd.
“Tour” means any tour/Tour/recreational activities constituted in the services we offer.
“Tour Services” means our service in providing a Tour.
“Guest” means a person booked on any Tour.
“Guide” means an employee of OceanFit Pty Ltd delivering Tour Services.
Booking conditions
2. The contract between us
2.1 OceanFit Tour Services vary. Whatever service you choose, the terms of this contract will apply unless we indicate otherwise.
2.2 The contract between us comes into existence when we send our confirmation invoice to you. You will have undertaken to pay for your booking and we will have undertaken to provide you with the Tour we describe on our website.
2.3 If we are unable to accept your booking, we will of course return your payment to you immediately.
2.4 When you make a booking with us, whether or not through our website, you have the benefit of our full compliance with the Competition and Consumer Act 2010.
2.5. For you to make a booking, we require your deposit and a completed booking form, as provided on our website. Our confirmation invoice will be sent to you by email. We may decline your booking for any reason and we do not have to give you the reason. If that happens we will return your money to you immediately and in any event within 14 days.
2.6 If you change your mind after booking and paying your deposit, you can cancel your booking for a full refund if your booking is more than 90-days before your Tour departure and you contact us in writing within 7-days of making your booking (as dated on the invoice you will have received in an email at the time of booking).
3. Your authority to book for others and to act as the liaison
3.1. If you make a booking on behalf of others as well as yourself, you guarantee that you have the authority of each of those other people to enter into the contract and that you and they have agreed to be jointly and severally liable to us. You now accept personal liability for the acceptance and compliance of each of those people, with these contract terms.
3.2. It is your responsibility to ensure that all of the details on your forms are correct and notify us of any discrepancy or misunderstanding immediately. We shall also look only to you for; (1) making payments as they become due, (2) ensuring the accuracy of the personal details and other information supplied by other members of your party, and (3) for whatever liaison communication is necessary between you and each other party to keep them fully informed.
3.3 As the lead member of your party, we will deal only with you in our correspondence.
3.4 There may be occasions when each member of the party is contacted by us, however, as the lead member, you should not assume this to be the case, and you should share all information you receive with all members of the party.
4. What is included in the price of an OceanFit Tour?
4.1. Tour inclusions are stated in the itinerary for each individual Tour, on each specific date, on our website.
5. What is NOT included?
5.1 return flights or other travel to the Tour destinations;
5.2 all other costs incurred before you board transport at the meeting point and after you return to the departure point;
5.3 travel insurance or any other insurance personal to you;
5.4. passport and visa costs;
5.5 vaccinations and medication, before, during and after the Tour;
5.6 food and drink over and above what we include in the Tour;
5.7 gratuities you choose to give, in addition to any we give on your behalf where we consider appropriate.
6. Tour prices and fees
6.1 When you make your booking, we shall ask you for a deposit of 20% of the total cost.
6.2 Deposits are non-refundable, except as mentioned below, but in some cases may be transferable to another OceanFit Tour or person.
6.3 The balance of the price must be paid at least 90-days before your departure date. If the balance is not paid on time, we shall cancel your travel arrangements and retain your deposit.
6.4 Any booking made less than 90-days prior to the departure date must be accompanied by full payment at the time of making the booking.
6.5 We shall not change the price of your booking once we have accepted your booking.
7. Our booking fees and credit card fees
7.1 We are charged fees by our credit card processing facility (1.6%) and by our online booking platform (2.5% to a maximum of $20) to process your booking.
7.2 These fees are what it costs us to process your booking and it is processed by and paid to, third parties. We only charge you what it costs us to process the transactions.
7.2 For online credit card payment transactions, a credit card payment processing fee of 1.6% is added to the component you are paying online. You are not charged this fee for bank transfers, where allowed.
7.3 For online bookings, a booking surcharge of 2.5% of the total purchase price (to a maximum of $20) is paid at the time of booking. This is paid whether your payment is online or a bank transfer or a combination of both.
7.4 The booking surcharge and credit card payment processing fee are non-refundable, including in situations where you cancel your booking or we cancel your booking, for any reason.
8. Special requests
8.1 Any special requests relating to your travel arrangements must be sent to us at the time of booking in writing. While we try to meet your reasonable requests, we do not guarantee that they will be fulfilled. If we are able to confirm a special request, we will do so by confirming in writing to you at least 2 weeks before your departure date.
9. Minimum participants required for the Tour
9.1 A minimum number of participants are required in order for the Tour to go ahead. Therefore we have a right to cancel any Tour for which there are insufficient bookings.
9.2 In the event of any such cancellation, all deposits or other payments made specifically to OceanFit will be refunded (less the booking fees and credit card fees as per 7.4).
9.3 We reserve the right to cancel any Tour, for which there are not enough bookings, not less than 90-days prior to the departure date. In the event of our cancellation, your deposit (and any other payment you may have made to us) will be refunded in full, or, if you prefer, transferred to an alternative OceanFit Tour.
9.4 You agree that all these provisions are reasonable.
10. Changing your booking
10.1 We will always do our best to help you with any change to your booking. However, we give no guarantee that we shall succeed. If you require any change, you must tell us by email.
11. Transferring your booking to another person
If you would like to transfer your booking from one person to another, the following terms apply:
11.1 The transferee must satisfy any special conditions or qualifications applicable to the Tour.
11.2 You must inform us about your intention to transfer your booking to the transferee at least 30-days before the departure date in writing or through email.
11.3 You and the transferee will accept that you and he/she will be jointly and severally liable for full payment of any outstanding sums due in respect of the booking as well as fees, charges or other costs arising from the transfer.
11.4 Our administration charge for a transfer is $100.
11.5 We will not refund or compensate you if changes made to your booking, or re-booking, leave you paying for parts of the Tour Service that you do not use.
12. Cancellation or transfer to another Tour by you
12.1 If you or a member of your party needs to cancel your booking, you must tell us by email. We will not accept a cancellation by telephone alone. Cancellation incurs costs for us. Costs vary considerably and are not always precisely identifiable. We, therefore, charge a rounded cancellation fee as follows:
More than 90-days before departure: Deposit
90-days or fewer before departure: No refund
12.2 In any circumstances giving rise to cancellation more than 90-days before departure, we will allow you to transfer the money you have paid, to some other OceanFit Tour you choose. In order to be eligible for a transfer, you must transfer to a future OceanFit Tour that is already scheduled and taking bookings. In the instance there are no scheduled OceanFit Tours available for you to transfer into, your booking is deemed to be cancelled by you. Whether we allow you to transfer is at our discretion, for which we do not have to give a reason.
12.3 In any of the above circumstances, we will return any money due to you within 14-days.
Note: we strongly recommend that you take out Tour insurance which covers the cost of cancellation.
13. If we cancel your Tour or make changes
Because we make travel arrangements far in advance, we sometimes have to change an arrangement and occasionally even cancel a Tour. If that happens the following terms apply:
13.1 We will always inform you as soon as possible about any change. If that happens you may:
a) accept the change; or
b) accept our offer of alternative Tour arrangements of a comparable standard; or
c) cancel your booking, whereupon we will give you a full refund of all money paid (less the booking fees and credit card fees as per 7.4).
13.2 We will not compensate you for minor changes outside our control. Examples are changes to departure/arrival times, varied activities, varied locations, or different carriers.
13.3 In the case of onboard sailing Tours, we will not compensate you if a period of a Tour or the entire Tour goes ahead without the presence of a Guide. In this case, the Crew will assume the Guide’s responsibilities.
13.4 Once the tour is underway, we will not compensate you if the Tour is cancelled due to the weather or safety concerns that are out of our control. Examples are weather becoming dangerous to be in or on the water, Crew or Guides becoming sick and being unable to be replaced, and damage done to the ship or other supporting water safety craft.
13.5 Provided your final payment has been made we will cancel your travel arrangement only in circumstances where we have no choice but to do so.
14. If COVID-19 affects your Tour
14.1 We do not have any specific COVID-19 policies. Section 12 covers instances where you are unable to attend a Tour.
15. If weather or safety affects your Tour
15.1 You understand that weather can play a significant role in the enjoyment, comfort and safety of a Tour and that we cannot control the weather.
15.2 The final itinerary for each Tour is determined by the weather, and, whilst all effort is made to deliver all the swims and activities, we cannot guarantee every swim and activity will be offered.
15.3 We will not compensate you for advertised swims and activities that are not offered on a Tour due to the weather or safety concerns out of our control.
16. Travel insurance
16.1 We recommend travel insurance, purchased at the time of your booking, to protect you against loss of valuables, illness (including COVID-19), late cancellations, or failure to meet departure.
17. If you have a complaint
Your point of contact during the Tour will be:
Andre Slade,
Director, OceanFit Pty Ltd
[email protected]
If you have a problem during your Tour it is most important that you immediately inform the relevant provider as well as our representative. If you complain only after you have returned home, we shall not be able to investigate the problem – for your benefit and ours. If that happens, you may lose your right to compensation.
If you feel our representative has not resolved your problem please write to us within 14-days of your return giving us full details of your Tour and concise details of the complaint and any subsequent history.
Risk Warning and Waiver of Liability
The following sections 17, 18, 19 and 20, affect your legal rights and obligations. Please read these carefully and only book a Tour if you fully understand their contents. For Guests under 18 years of age, the booking must be completed by a parent or legal guardian.
18. Risk warning
You are aware that by your participation in any activities arranged by OceanFit, certain risks or dangers may occur which could include:
- Physical, bodily or psychological injury or death
- Physical exertion to which you are not accustomed
- Failure of equipment or use of inadequate equipment
- There may be no or inadequate facilities for treatment or transport to treatment if you are injured
- The conditions in which the activities are conducted may vary without warning
- You may cause injury to other persons and/or other persons may cause injury to you
- You may be injured or die due to the negligence, breach of contract or breach of statutory duty or guarantee of ours.
You acknowledge that the activities are being undertaken for the purposes of recreation, enjoyment or leisure, and involve a significant degree of risk of physical harm.
You acknowledge that the Tour may be undertaken with one or more other persons as part of a group and that we are not liable for the actions of other participants in the group Tour.
By accepting these Terms & Conditions, you acknowledge, agree and understand that the risks associated with the Tour and/or recreational services have been explained to you. You undertake any such risk voluntarily and at your own risk.
You acknowledge that the risk warning above constitutes a “risk warning” in accordance with the Civil Liability Act 2002 (NSW) and the Civil Liability Act 2002 (WA).
19. Participant’s warranties
You agree to abide by any of our rules, and any direction or instruction given to you by us during the course of the Tour. You agree to use and/or wear any equipment given to you by us.
You declare that you are medically and physically fit and able to participate in the Tour. You acknowledge that you must, and agree that you will, disclose any pre-existing medical or other condition, injury or concern that may affect the risk that either you or any other person will suffer injury, loss or damage during the course of the Tour and notify us of any injuries, illness or concerns that may arise during the Tour. You will not engage in any reckless, negligent or foolish behaviour or any other behaviour that is likely to cause injury to you, any other participant or person.
You agree that if you suffer any injury or illness, we may provide evacuation, first aid and/or medical treatment at your expense and that your acceptance of these terms and conditions constitutes your consent to such evacuation, first aid and/or medical treatment.
You declare that you have not consumed any alcohol or mind-altering substance, or medication that may impact your judgement or physical capacity, before or at the time of engaging in the Tour.
20. Exclusion of liability
You agree to and unconditionally release, waive, discharge and forever hold harmless, OceanFit or any of its employees, agents, directors or officers, from any claims as a result of any personal injury sustained, whether caused by our negligent act or wilful act or omission, breach of contract, breach of statutory duty, error, or otherwise in connection with or arising out of the Tour.
You agree that we will not be liable for any claims for personal injury that may be brought against us as a result of or in connection with any act, omission, default, failure or error on the part of us, and agree to indemnify and keep indemnified OceanFit in respect of any such claims.
21. Waiver
It is possible for a supplier of recreational services to ask you to agree that the statutory guarantees under the Australian Consumer Law (which is schedule 2 to the Competition and Consumer Act 2010 (Cth)) do not apply to you. If you agree to our Terms & Conditions, you will be agreeing that your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue OceanFit in relation to our services or the activities that you undertake because the services or activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below.
For Queensland, New South Wales, Western Australia, Tasmania, Northern Territory and Australian Capital Territory and Commonwealth
By agreeing to our Terms & Conditions, you agree that the liability of OceanFit in relation to the activities (as defined by the Competition and Consumer Act 2010 (Cth), the Consumer Affairs and Fair Trading Act (NT) and the Australian Consumer Law) and recreational activities (as defined by the Civil Liability Act 2002 (NSW) and the Civil Liability Act 2002 (WA)) for any:
- Deaths;
- Physical or mental injuries (including the aggravation, acceleration or recurrence of such an injury);
- The contraction, aggravation or acceleration of a disease;
- The coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual:
- That is or may be harmful or disadvantageous to you or the community; or
- That may result in harm or disadvantage to you or the community;
That may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of the recreational services or recreational activities is excluded.
You acknowledge and agree that the above provision operates to exclude the liability of OceanFit as a result of a breach of an express or implied warranty that the recreational services will be rendered with reasonable care and skill in accordance with section 5J of the Civil Liability Act 2002 (WA) and section 5N of the Civil Liability Act 2002 (NSW).
For South Australia
Exclusion, restriction or modification of rights under the Australian Consumer Law (SA)
Your rights:
Under sections 60 and 61 of the Australian Consumer Law (SA), if a person in trade or commerce supplies you with services (including recreational services ), there is—
- A statutory guarantee that those services will be rendered with due care and skill; and
- A statutory guarantee that those services, and any product resulting from those services, will be reasonably fit for the purpose for which the services are being acquired (as long as that purpose is made known to the supplier); and
- A statutory guarantee that those services, and any product resulting from those services, will be of such a nature, and quality, state or condition, that they might reasonably be expected to achieve the result that the consumer wishes to achieve (as long as that wish is made known to the supplier or a person with whom negotiations have been conducted in relation to the acquisition of the services).
Excluding, restricting or modifying your rights:
Under section 42 of the Fair Trading Act 1987, the supplier of recreational services is entitled to ask you to agree to exclude, restrict or modify his or her liability for any personal injury suffered by you or another person for whom or on whose behalf you are acquiring the services (a third party consumer).
If you sign this form, you will be agreeing to exclude, restrict or modify the supplier’s liability with the result that compensation may not be payable if you or the third party consumer suffer personal injury.
Important
You do not have to agree to exclude, restrict or modify your rights by agreeing to these Terms & Conditions. The supplier may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by agreeing to these Terms & Conditions. Even if you agree to these Terms & Conditions, you may still have further legal rights against the supplier.
A child under the age of 18 cannot legally agree to exclude, restrict or modify his or her rights. A parent or guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child’s rights.
Agreement to exclude, restrict or modify your rights:
You agree that the liability of the person under the age of 18 [named as a participant on your booking form] for any personal injury that may result from the supply of the recreational services that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) is excluded.
Further information: Further information about your rights can be found at www.ocba.sa.gov.au
For Victoria
Warning under the Australian Consumer Law And Fair Trading Act 2012 (Vic)
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on these Terms & Conditions is required to ensure that the recreational services it supplies to you—
- Are rendered with due care and skill; and
- 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 Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 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 these Terms & Conditions.
NOTE: The change to your rights, as set out in these Terms & Conditions, 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 Australian Consumer Law and Fair Trading Act 2012.
Agreement to exclude, restrict or modify your rights:
You agree that the liability of OceanFit for any personal injury that may result from the supply of the recreational services that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) is excluded.
Use of your image
22. Right to use your image
You acknowledge and consent to photographs, videos and electronic images being taken of you during your Lesson. You acknowledge and agree that such photographs, videos and electronic images are owned by OceanFit and that we may use the photographs for promotional or other purposes without your further consent being necessary.
Declaration and Signature
You have read carefully and understand these Terms and Conditions, including the risk warning and waiver of liability and book your Tour freely and voluntarily without inducement of any kind.
For Participants under age 18
You certify that you, as a parent/guardian with legal responsibility for the Participant, acknowledge, understand and accept all of the above and consent to his/her release as provided above. You release and agree to indemnify and hold harmless OceanFit from any and all liabilities arising from your minor child’s involvement or participation in the Tour and/or recreational services, even if arising from the negligence of OceanFit.
Order processing
All orders are processed within two business days (excluding weekends and holidays) after receiving your order confirmation email. You will receive another notification when your order has shipped.
Dual store branding
We (OceanFit Pty Ltd) operate two online stores: (1) oceanswims.com Shop and (2) OceanFit Shop. Store pages, emails, and packaging related to your order may have references to one or both of these shops, but they are all related to the same business.
Split delivery
If you have more than one product in your order, they may be shipped separately and arrive at your shipping address at different times. Products may be shipped from within Australia or from New Zealand and packaging and sender information may look different.
Domestic Shipping Rates and Estimates
Shipping charges for your order will be calculated and displayed at checkout.
How do I check the status of my order?
When your order has shipped, you will receive an email notification from us which will include a tracking number you can use to check its status. Please allow 48 hours for the tracking information to become available.
If you haven’t received your order within 8 days of receiving your shipping confirmation email, please contact us using our contact us form with your name and order number, and we will look into it for you.
Busy shipping periods
When you place an order during a busy time of the year, i.e. Christmas, Black Friday, it may take longer for your order to arrive due to delivery congestion that is out of our hands.
Please be patient, as once your order is shipped we are unable to speed up its delivery.
Shipping to P.O. boxes
We do not deliver to P.O. Boxes.
Refunds, returns, and exchanges
We do not accept returns for change of mind, incorrect sizing, or damage caused by trying on clothing, swimwear, and wetsuits.
We do accept returns for manufacturing faults, up to 14 days after delivery, if the item is unused and in its original condition (including intact hygiene sticker for swimwear), and we will refund the full order amount minus the shipping costs for the return.
In the event that your order arrives damaged in any way, please contact us using our contact us form with your order number and a photo of the item’s condition. We address these on a case-by-case basis but will try our best to work towards a satisfactory solution.
If you have any further questions, please don’t hesitate to contact us using our contact form.
Please click here to view our privacy policy.
We love to hear from you and we encourage your comments, critiques, questions and suggestions.
We ask that you simply stay on topic, respect other people’s opinions, avoid profanity, offensive statements, illegal content and anything else that might violate our standard terms and conditions.
Be aware that anything sent in, posted or disclosed to OceanFit can be reproduced, disclosed, transmitted, published, broadcast or posted somewhere else. OceanFit can use without compensation to you any ideas, concepts or techniques that you send, post or disclose, including anything having to do with the development, manufacturing and marketing of our products and services. If you have rights in anything you send in, post or disclose, you grant to OceanFit the licenses necessary to use it.
Please understand that we reserve the right to edit or delete comments for any reason we deem appropriate. This is a moderated blog and comments will appear if and when they are approved. We will review the queue several times daily, so please don’t resubmit if your comment doesn’t appear immediately.
The opinions expressed here are not necessarily the opinions of OceanFit and we assume no responsibility for such content.
Please do not post any private information unless you want it to be available publicly. Please see our privacy policy for more information on how we manage your privacy.
OceanFit takes the health and safety of its staff and participants very seriously.
As we operate during the COVID-19 pandemic, our promise to you is that we will follow the health guidelines, as stipulated by the relevant state health departments, at all times.
All OceanFit’s programs are delivered in the outdoors in the open and fresh air environment (beaches, oceans, rivers, lakes, ocean pools), and activities are non-contact, participants are often not facing each other, and there is a high likelihood of a breeze being present.
Participants are likely to be physically distanced during activities.
Whilst this doesn’t remove all risk from our activities, it does mean that we can confidently operate in a COVID Safe manner.
