TOUR TERMS & CONDITIONS

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 from 2 August 2021.

Note: Tours booked up until 30 June 2021 are covered by these Terms & Conditions. Tours booked between 1 July 2021 and 1 August 2021 have the following amendment to 

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.
“Guarantee” means the COVID Flexibility Guarantee

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 60-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

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 travel documents are correct and notify us of any discrepancy or misunderstanding immediately. We shall also look only to you for making payments as they become due, 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 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 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. Deposits are non-refundable, except as mentioned below, but in some cases may be transferable to another OceanFit Tour. The balance of the price must be paid at least 60-days before your departure date. If the balance is not paid on time, we shall cancel your travel arrangements and retain your deposit.

6.2  Any booking made less than 60-days prior to the departure date must be accompanied by full payment at the time of making the booking.

6.3  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  A booking fee of 1.9% and a credit card processing fee of 1.45%, will be charged at the time of booking. This fee is what it costs us to process your booking and it is processed by, and paid to, third parties platforms (i.e. the booking platform and the payment processing platform). 

7.2  The booking fee and credit card fee is non-refundable, including in situations where we cancel your booking for any reason or as part of our COVID Flexibility Guarantee.

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 4 weeks before your departure date.

9. Minimum participants required for the Tour

9.1  As stated on our website, 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 in full.

9.3  We reserve the right to cancel any Tour, for which there are not enough bookings, not less than 30-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 which 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 60-days before departure: Deposit

60-days or fewer before departure: No refund

12.2  In any circumstances giving rise to cancellation more than 60-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 canceled. 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 travel arrangements 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 changes to departure/arrival times, varied activities, varied locations, or different carriers.

13.3  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 travel restrictions restrict you from travelling

COVID Flexibility Guarantee

For bookings made from 3 August 2021

14.1 All bookings made for Tours from 3 August 2021 will be covered by our COVID Flexibility Guarantee. The Guarantee allows you to book your Tour with absolute confidence, knowing you are covered should COVID-19 still be impacting future travel.  Reasons you may be impacted include:

a) the Tour is cancelled by us because we are no longer able to deliver it due to operational constraints or minimum numbers not being met; or

b) you can’t travel to join a Tour because you are diagnosed with Covid-19, or you are required to quarantine, isolate or provide care for someone else during your planned Tour dates; or

c) you can’t travel to join a Tour because you are located in a hotspot location or a Country/State/Territory where your travel has been restricted into the location of your Tour (as declared by the relevant State Government who has placed the restriction)

14.2. If you are impacted by any of the reasons in 14.1, up until 30-days prior to departure, we’ll refund the full amount or transfer the booking to another Tour or date, for free.

14.3 If you are impacted by any of the reasons in 14.1, within 30-days of departure, we’ll hold your 20% deposit in credit for a future Tour and refund the balance amount, or transfer the booking to another Tour or date, for free.

14.4  Any amounts refunded under the Guarantee do not include the booking & transaction fee (as per 7.3).

For bookings made between 1 July 2021 and 2 August 2021

14.5 If you are impacted by any of the reasons in 14.1, we’ll refund the full amount or transfer the booking to another Tour or date, for free.

Note: Changes have been made to our initial COVID Flexibility Guarantee to account for the substantial outlays we are committed to within 30-days of departure. We think this strikes a fair balance, giving us the confidence to invest in our Tour offerings for your enjoyment.  

15. 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 history1

Risk warning

16. Risk warning

Your participation in the Tour supplied by us is inherently dangerous and may involve risk. There are risks specifically associated with participation in the recreational activities we offer and accidents can and often do happen, including but not limited to being dumped by the surf, ingestion of water, exposure to the natural marine environment including ocean predators and hypothermia which may result in personal injury, death or property damage. Prior to undertaking any such activity we provide, you should ensure you, and all members of your party, are aware of all of the risks involved, including those risks associated with any health condition you, or your party members, may have.

By agreeing to these terms and conditions, you acknowledge, agree, and understand that participation in the recreational activities provided by us may involve risk. You agree and undertake any such risk voluntarily and at your own risk. You acknowledge that the assumption of risk and warning above constitutes a ‘risk warning’ in accordance with relevant legislation.

17. Waiver

17.1  It is possible for a supplier of recreational services or recreational activities to ask you to agree that statutory guarantees under the Australian Consumer Law (which is set out at Schedule 2 to the Competition and Consumer Act 2010 (Cth)) do not apply to you (or a person for whom or on whose behalf you are acquiring the services or activities).

17.2  By agreeing to these terms and 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 the supplier in relation to recreational services or recreational activities that you undertake because the services or recreational activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below.

For recreational services or recreational activities to which the Australian Consumer Law (Commonwealth) applies:

17.3  By agreeing to these terms and conditions, you agree that the liability of OceaFit in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) for any:

a)  death;

b)  physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);

c)  the contraction, aggravation or acceleration of a disease;

d)  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:

i)  that is or may be harmful or disadvantageous to you or the community; or

ii)  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 recreational services or recreational activities; is excluded and the application of any express or implied term that any services will be provided with due care and skill is hereby excluded.

18. Release and indemnity

18.1  In consideration of OceanFit accepting your booking onto the Tour, to the extent permitted by law, you:

a)  release and will release OceanFit from all Claims that you may have or may have had but for this release arising from or in connection with your participation in the Tour; and

b)  release and indemnify OceanFit against any Claim which may be made by you or on your behalf for or in respect of or arising out of your death whether caused by the negligence or breach of contract by OceanFit or in any other manner whatsoever; and

c)  indemnify and will keep indemnified OceanFit to the extent permitted by law in respect of any Claim by any person:

i)  arising as a result of or in connection with your participation in the Tour;

ii)  against OceanFit in respect of any injury, loss or damage arising out of or in connection with your failure to comply with OceanFit’s directions, save that the above releases and indemnities shall not apply to the extent that the loss, damage or injury that is the subject of the Claim is caused or contributed to by the grossly negligent act or omission of OceanFit.

19. Limitations on our liability

19.1  We want you to enjoy a perfect Tour with OceanFit. We shall do our best to make this experience special for you. Nonetheless, we must make clear the limitations in law. 

19.2  If we fail to provide the Tour set out on our website and to which these terms apply, we will pay you appropriate compensation. We are not liable if any failure is due to:

a)  your own carelessness or negligence in any aspect of your behaviour whilst on Tour;

b)  medical emergencies;

c)  laws, culture and standards of service and behaviour in any country we may visit;

d)  changes we reasonably make to an itinerary or to accommodation or any other aspect of the management of your booking;

e)  some third party unconnected with the provision of travel arrangements where we could not reasonably have foreseen or avoided those circumstances;

f)  any other unusual and unforeseeable circumstances beyond our control;

g)  a specific event or series of events which we or our contractors or providers could not reasonably have foreseen or prevented;

h)  weather conditions.

19.3  We and you are subject to international conventions when they apply. This may limit the amount of a claim you may make, against us or anyone else.

19.4  The services and features included in your booking are those specified on our website. If you choose to buy other goods or services during your Tour, those are not part of our service, even if our representative helps you to buy or arrange them. Accordingly, we are not liable to you for any happening in connection with that service or goods.

19.5  It is a condition of this contract that you take out a policy of travel insurance for every trip outside Australia. You alone are wholly responsible for arranging your insurance. The period of cover should start no later than the date you make your booking with us.

20. Passport, visa and immigration requirements

20.1  It is extremely important that you obtain and carefully check the travel and immigration documents required for each country you visit. You alone are responsible for obtaining the required travel documents for your party. We do not accept responsibility for any delay or problem which may occur in this connection. If we have local representation at the time of any such problem, we will assist you as far as reasonably possible to resolve it. However, for the benefit of other people on that Tour, it will not be possible to delay or change travel arrangements or events which will affect others in the tour group.

21. Help we need from you

The website and your information pack will provide details about your chosen Tour, but the following are contractual matters:

21.1  Most OceanFit Tours require reasonable physical fitness and swimming ability. You should be prepared to swim up to one kilometre a day, in open water.

21.2  You warrant that prior to participating in your Tour, you: 

a)  are and must continue to be medically and physically fit and able to undertake and participate in the Tour;

b)  are not a danger to yourself or to the health and safety of others;

c)  are not presently receiving treatment for any condition, illness, disorder or injury which would render it unsafe for you to take part in a Tour including participating in the Tour activities.

You acknowledge that you must, and agree that you will, disclose any pre-existing medical or other condition that may affect the risk that either you or any other person will suffer injury, loss or damage.

You acknowledge that OceanFit relies on information provided by you and that all such information is accurate and complete. You will report any accidents, injuries, loss or damage you suffer during the Tour to the representative before the conclusion of the Tour.

21.3  If at any time, it is our opinion (given by any of our staff or representative) that you do not meet the Tour prerequisite/s, as stated on the website, we may exclude you from some or all of the programme for the remainder of the Tour. You will understand that this extreme action will not be taken lightly but may be necessary to protect the health, safety or enjoyment of yourself and other travellers.

21.4  If you suffer any injury or illness, you agree that 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 (and consent to payment of the associated cost). You agree to reimburse OceanFit for any costs or expenses incurred in providing you with medical treatment.

21.5  If at any time, it is our opinion (given by any of our staff or representative) that you are acting in a way which may cause accident, injury, discomfort or extreme displeasure to any other member, we may exclude you from the programme for the remainder of the Tour. You will understand that this extreme action will not be taken lightly but may be necessary to protect the health, safety or enjoyment of other travellers.

22. Disclosure of medical conditions and fitness 

You warrant that prior to participating in your Tour, you:

a)  are and must continue to be medically and physically fit and able to undertake and participate in the Tour;

b)  are not a danger to yourself or to the health and safety of others;

c)  are not presently receiving treatment for any condition, illness, disorder or injury which would render it unsafe for you to take part in a Tour including participating in the Tour activities.

You acknowledge that you must, and agree that you will, disclose any pre-existing medical or other condition that may affect the risk that either you or any other person will suffer injury, loss or damage.

You acknowledge that OceanFit relies on information provided by you and that all such information is accurate and complete. You will report any accidents, injuries, loss or damage you suffer during the Tour to the representative before the conclusion of the Tour.

23. Safety

23.1  You understand and acknowledge the dangers associated with the consumption of alcohol or any mind-altering substance before or during your involvement in your Tour, and you accept full responsibility for any injury, loss or damage associated with the consumption of alcohol or any other mind-altering substance.

24. Terms and conditions of third party providers

Many of the services we provide, including options that may occur from time to time during your Tour, are provided by third parties and not directly by us. Each has its own terms and conditions. Whilst the law provides that we are liable to you in the round, for any failure connected with such a provider, our obligations do not cover every contractual term.

Accordingly, instances may arise where you have no redress, for example, in the purchase of locally produced goods. If our representative warns you of a possible problem, for example, related to food, and you choose not to take that advice, then we are not liable for any problem which may arise.

Use of your image

25. Right to use your image

You acknowledge and consent to photographs, videos and electronic images being taken of you during your Tour. 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.

Miscellaneous

26. Miscellaneous matters

26.1  If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

26.2  Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.

26.3  No failure or delay by any party to exercise any right, power or remedy will operate as a waiver nor indicate any intention to reduce that or any other right in the future.

26.4  The parties agree that electronic communications satisfy any legal requirement that such communications be in writing.

26.5  For the purposes of the Privacy Act 1988 each party consents to the processing of his personal information (in manual, electronic or any other form) relevant to this agreement, by the other and/or any agent or third party nominated by that other and bound by a duty of confidentiality. 

26.6  In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

26.7  So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.

26.8  Any communication to be served on either of the parties by the other shall be delivered by hand or sent by express post.

It shall be deemed to have been delivered:

a)  if delivered by hand: on the day of delivery;

b)  if sent by post to the correct address: within 72 hours of posting;

26.9  The validity, construction and performance of this agreement shall be governed by the laws of the State of New South Wales and the parties agree that any dispute arising from it shall be litigated only in that State.

All Guests must agree to the above before being allowed to participate in the Tour. Completing an online booking form confirms Guests have read the above declaration.

I have read, understood, acknowledge and agree to the above terms including the risk warning, exclusion of implied terms, release and indemnity.

Where the guest is under 18 years of age this declaration must also be agreed to by the guest’s parent or legal guardian:

I am the parent or guardian of the applicant. I authorise and consent to the guest participating in the Tour. In consideration of the guest’s booking being accepted, I expressly agree to be responsible for the guest’s behaviour and agree to accept in my capacity as parent or guardian, the terms set out in this booking application and declaration, including the risk warning, exclusion of implied terms and provision by me of a release and indemnity in the terms set out above.

Updated 02/08/2021

Season runs from 1 Oct to 30 April. Some contact out of season.

Be informed

Join 10k+ swimmers who hear about upcoming ocean swims & get tips from us

Every swim, every state. 220+ swims!