Terms of Service

1. Introduction and Acceptance

Welcome to Active Adventures Australia. These Terms of Service ("Terms") constitute a legally binding agreement between you and Active Adventures Australia ("we," "us," or "our") regarding your use of our adventure tour services, website, and related offerings. By booking any of our adventure experiences, accessing our website, or engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.

These Terms apply to all visitors, users, customers, and others who access or use our services. If you disagree with any part of these Terms, you must not use our services or website. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting on our website.

2. Service Description and Booking

Active Adventures Australia provides outdoor adventure experiences including but not limited to surfing lessons, scuba diving excursions, rock climbing adventures, hiking tours, kayaking expeditions, and multi-day adventure packages across various Australian destinations. All services are provided by certified professional guides and instructors who maintain current safety certifications and local area expertise.

Bookings may be made through our website, phone, or authorized booking partners. All bookings are subject to availability and confirmation. We reserve the right to refuse service or cancel bookings at our discretion, particularly in cases involving safety concerns, inappropriate behavior, or failure to meet participation requirements.

Booking confirmations will be sent via email and include important details about meeting points, equipment requirements, weather conditions, and safety briefing information. It is your responsibility to review all booking details and contact us immediately if any information appears incorrect.

3. Payment Terms and Cancellation Policy

Payment is required at the time of booking unless otherwise specified. We accept major credit cards, bank transfers, and other payment methods as displayed on our website. All prices are quoted in Australian Dollars (AUD) and include applicable taxes unless otherwise noted. Prices are subject to change without notice, though confirmed bookings will honor the originally quoted price.

Cancellations made more than 48 hours prior to the scheduled activity will receive a full refund minus a 10% administrative fee. Cancellations made within 48 hours of the scheduled activity will forfeit 50% of the total booking fee. No-shows or cancellations made on the day of the activity will forfeit the entire booking fee.

Weather-related cancellations initiated by Active Adventures Australia will result in a full refund or the option to reschedule to an alternative date. We reserve the right to cancel or modify activities due to unsafe weather conditions, and our guides' safety assessments are final and non-negotiable.

4. Health and Safety Requirements

All participants must be in good physical health and capable of participating in strenuous outdoor activities. Certain activities have age restrictions, fitness requirements, or medical limitations that will be clearly communicated during the booking process. Participants with medical conditions, injuries, or physical limitations must disclose these conditions prior to participation.

All participants are required to attend safety briefings and follow all instructions provided by our certified guides. Failure to follow safety instructions or engaging in reckless behavior may result in immediate removal from the activity without refund. Participants must sign liability waivers and medical disclosure forms prior to activity commencement.

We provide all necessary safety equipment in excellent condition, and participants are required to use provided equipment according to instructions. Personal equipment may be used only with prior approval from our guides and must meet our safety standards.

5. Liability and Risk Acknowledgment

Adventure activities involve inherent risks, and participants acknowledge and assume all risks associated with outdoor adventure activities. While we maintain comprehensive safety protocols and insurance coverage, participants understand that activities such as rock climbing, water sports, and wilderness hiking carry risks of injury or death that cannot be completely eliminated.

Active Adventures Australia, its employees, contractors, and affiliates shall not be liable for any injury, death, property damage, or other losses arising from participation in our activities, except in cases of gross negligence or willful misconduct. Our liability is limited to the amount paid for the specific activity in question.

Participants are strongly encouraged to obtain comprehensive travel and activity insurance. We can provide recommendations for suitable insurance providers upon request.

6. Intellectual Property Rights

All content on our website, including text, graphics, logos, images, videos, and software, is the property of Active Adventures Australia and is protected by Australian and international copyright laws. You may not reproduce, distribute, display, or create derivative works from our content without explicit written permission.

During activities, our guides may take photographs or videos for promotional purposes. By participating in our activities, you consent to the use of your likeness in our marketing materials unless you explicitly opt out in writing prior to the activity.

Any feedback, suggestions, or ideas you provide to us become our property and may be used for improving our services without compensation to you.

7. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to the collection and use of your information as described in our Privacy Policy.

We collect personal information necessary for booking management, safety requirements, and service improvement. This information is stored securely and is not shared with third parties except as necessary for service provision or as required by law.

8. Governing Law and Dispute Resolution

These Terms are governed by the laws of New South Wales, Australia, and any disputes arising from these Terms or our services will be subject to the exclusive jurisdiction of the courts of New South Wales. We encourage resolution of disputes through direct communication and will work in good faith to resolve any concerns.

If direct resolution is not possible, disputes may be submitted to binding arbitration in accordance with Australian arbitration laws. The prevailing party in any dispute resolution proceeding will be entitled to recovery of reasonable attorney fees and costs.

Any legal action must be commenced within one year of the occurrence giving rise to the claim, or such claim will be forever barred.

9. Contact Information

For questions regarding these Terms of Service, or to report any violations, please contact us at:

10. Severability and Entire Agreement

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms will remain in full force and effect. These Terms, along with our Privacy Policy, constitute the entire agreement between you and Active Adventures Australia regarding our services.

No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms does not constitute a waiver of such right or provision.