Terms and Condtions

Terms and Conditions

These terms and conditions apply to the use of the Salty Swims websites found at www.saltyswims.com.au. 

These terms and conditions specifically refer to the following products and services which may be purchased via our website:

  • Experiences/ Tours – a specific experience provided by a Tour Operator/ Supplier.

  • Gift Cards – a Salty Swims voucher for a specific experience provided by a Tour Operator/ Supplier.

  • eGift Cards – a Salty Swims voucher with a dollar value that can be used as currency to purchase Experiences/ Gift Cards for a specific experience provided by a Tour Operator/ Supplier offered for sale on Salty Swims’ website (not including sales purchased through affiliated companies).

Throughout these terms and conditions, the above products and services are collectively referred to as ‘Salty Swims Product(s)’.

Table of Contents:

  1. Making a Purchase

  2. Refunds

  3. Prices

  4. Transfer of Products

  5. Expiry & Extensions 

  6. Gift Card/ eGift Card Delivery

  7. Tour Operators

  8. Salty Swims’ Liability

  9. Availability of Experiences

  10. Contact Details Given to Tour Operators

  11. Booking Cancellations

  12. The Weather

  13. Complaints or Problems During Your Experience

  14. Insurance

  15. Descriptions of Experiences and Gift Cards

  16. Information Provided on Product Widgets & Product Information Panels

  17. Illustrations/ Images used on our website

  18. Prerequisites

  19. Automated Emails and Texts

  20. Affiliate Links

  21. Salty Swims Legal Entities

  22. Information security

 

1. Making a Purchase

When you purchase a Salty Swims product, you become legally bound by these terms and conditions and the Salty Swims Privacy Policy. Please do not proceed to use your Salty Swims product until you have read, understood and accepted these terms and conditions. 

When you make a purchase on behalf of another individual (such as purchasing an experience or gift card for them) and you provide us with their personal information, you warrant that you are authorised to provide us with that personal information and that we are able to use that personal information for the purposes as set out in our privacy policy. This would include, for example, using their email address to undertake delivery of the purchase.

If you have any queries, please contact us and we will be pleased to assist.

Australia

Phone: +61 478 720 675

E-mail: info@saltyswims.com.au

 

2. Refunds

All Cancellation/Refund requests must be provided in writing to Salty Swims (info@saltyswims.com.au).

Refunds can only be processed back to the original purchaser via the original method of purchase. Refunds can take up to 5-10 working days to reach the recipient’s bank account. 

You should contact Salty Swims with any issues with an Experience or Gift Card purchased through Salty Swims. Upon receiving your query, Salty Swims will contact the Tour Operator/ Supplier of the Experience/ Gift Card to endeavour to resolve the issue on your behalf. If your issue cannot be resolved, we will provide you a remedy in accordance with your statutory consumer guarantee rights and these terms and conditions.

2.1 Experiences

Experiences can only be cancelled/refunded in accordance with the cancellation/refund policy set out by the Tour Operator providing the Experience. This information has been gathered by Salty Swims and provided on the webpage of the Experience in question. 

2.2 Gift Cards

Gift Cards transactions are non refundable, and have an expiry of 3 years from the purchase date.

To redeem your Gift Card, please contact the Tour Operator directly, on the details provided on your confirmation email.

If there is no availability for the Experience linked to the Gift Card, the automated live-calendar will not display, and the option to purchase will not be possible.

2.3 eGift Cards

eGift Cards transactions are non refundable, and have an expiry of 3 years from the purchase date.

If the experience purchased using an eGift Card is of lesser value, any remaining balance will be held on your eGift Card. This amount is subject to the same expiry date as the original Gift Card. If you choose an experience of higher value, you will be required and prompted to pay the difference.

How to redeem your eGift Card:

  1. Head to Salty Swims and explore our full range of experiences at https://saltyswims.com.au/locations/

  2. Find an experience and a date that suits you. If your gift card doesn’t cover the whole amount, payment can be split. 

  3. Call us on (+61) 0478 720 075 (available 9-5pm AEST Monday – Friday), or email info@saltyswims.com.au, and we will process your booking over the phone.

3. Prices

Prices for Experiences and Gift Cards are set by the Tour Operator/ Supplier and provided on the automated live-calendar found on the webpage of the Experience/ Gift Card.

If there is no availability for the Experience in question, the automated live-calendar will not display, and the price will not be visible.

Tour Operators/ Suppliers reserve the right to change prices without notice. All prices include Goods and Services Tax (GST).

Credit Card transaction fees may apply. If transaction fees apply, the transaction fees charged will be clearly displayed to Salty Swims customers at the time of purchase.

Fees will not apply when redeeming a Gift Card or eGift Card.


4. Transfer of Products

If a customer wishes to transfer their Experience or Gift Card into another name, the original purchaser must request this in writing to Salty Swims. For Gift Cards, recipients may make this request on behalf of the purchaser. Salty Swims will then contact the Tour Operator/ Supplier of the Experience/ Gift Card to make the request on your behalf. If your issue cannot be resolved, we will provide you a remedy in accordance with your statutory consumer guarantee rights and these terms and conditions.

All valid and unused Salty Swims eGift Cards are fully transferable. The original recipient must provide details of the new recipient in writing, including their full name, date of birth, contact number and email address. 

Salty Swims Products (including Experiences, Gift Cards, and eGift Card) may not, without the prior written consent of the Salty Swims, be resold or offered for resale (including via on-line auction or other unauthorised resale sites) or used for advertising, promotion or other commercial purposes. If a Product is sold or used in breach of this condition, the Product may be cancelled without a refund and the holder of the Products will be unable to use the Product.  

 

5. Expiry & Extensions

Experiences and Gift Cards 

Experiences and Gift Cards that have been put on hold or not redeemed, for whatever reason, will remain valid for 36 months from the date of purchase. If the price of the experience has increased, an additional amount will need to be paid at the time of booking. If the experience is no longer available, Salty Swims will contact the Tour Operator to request a credit amount to the same value. IF the Tour Operator is no longer in operation, the Experience/ Gift Card is forfeit. 

Any extensions must be requested in writing from Salty Swims. Salty Swims will contact the Tour Operator to make the request on your behalf. Any decisions made with regards to extensions or credits, are made at the discretion of the Tour Operator. 

eGift Cards 

eGift Cards are valid for a minimum of 36 months. If your eGift Card is close to or has expired up to a maximum of 90 days past the expiry date, you can request an extension for a maximum of 90 days. This will incur a $30 extension fee paid at the time of extension.  

If your eGift Card has expired for greater than 90 days it cannot be extended under any circumstances. Expired eGift Cards are non-refundable in whole or in part. After an eGift Card has expired, it is no longer valid, and all transaction attempts will be declined. Any unused value at the date of expiry will become the property of Salty Swims. 

Extensions must be requested in writing to Saty Swims. Please note an extension can only be granted once per eGift Card. 

 

6. Gift Card/ eGift Card Delivery

Gift Cards and eGift Cards are provided to the purchaser in the form of a confirmation email. A digital gift certificate can be provided at request, and must be done so in writing to Salty Swims. Requests for digital gift certificates must be made with at least 7 days notice from the date intended for the Gift Card or eGift Card to be gifted. 

It is the responsibility of the purchaser to provide correct details and email addresses for recipients. 

Salty Swims is not liable or responsible for any loss suffered as a result of a Gift Card or eGift Card delivery via email being blocked by filters or firewalls, or where the incorrect email address has been entered by the purchaser. If the purchaser does not receive the confirmation email, please contact Salty Swims to resolve. 

 

7. Tour Operators

Nothing in these terms (including the exclusions and limitations in this section 7) excludes, restricts or modifies any guarantee, right or remedy that under law cannot be excluded, modified or restricted such as your statutory consumer guarantee rights, including under the Australian Consumer Law.

Subject to such legislation: 

  • Experiences and Gift Cards are sold by Salty Swims as an agent for businesses that provide lifestyle and recreational services to customers (‘Tour Operators/ Suppliers’).

  • Salty Swims provides the Experience and Gift Card and the contract with Salty Swims is not finalised until the experience has been fulfilled by the Tour Operator.

  • Salty Swims is not a Tour Operator/ Supplier and Tour Operators/ Suppliers provide these services directly to customers. Salty Swims has no responsibility for any services or experiences provided or not provided to you by the Tour Operator/ Supplier or any other party.

  • Salty Swims makes no warranty or representation regarding the standard of any service to be provided to you by the Tour Operator/ Supplier.

  • All Salty Swims Gift Cards are issued subject to the terms and conditions of each Tour Operator/ Supplier and these Salty Swims terms and conditions.

  • Salty Swims does not control the business operations of any Tour Operator/ Supplier.

  • Salty Swims make no guarantees or warranties about the services that are provided to you by the Tour Operator/ Supplier.

 

8. Salty Swims’ Liability

Nothing in these terms (including the exclusions and limitations in this section 8) excludes, restricts or modifies any guarantee, right or remedy that under law cannot be excluded, modified or restricted such as your statutory consumer guarantee rights, including under the Australian Consumer Law.

Subject to such legislation, Salty Swims has:

  • No liability for any act, omission or default, whether negligent or otherwise of any Tour Operator/ Supplier or third party.

  • No liability for any loss or damage occasioned by any negligent act or omission of any Tour Operator/ Supplier or third party.

  • Where Salty Swims’ liability cannot be excluded, such liability is limited to the value of the Experience or Gift Card purchased.

 

  9. Availability of Experiences

All experiences are offered by Tour Operators/ Suppliers subject to availability. Bookings are recommended to be made at least 1 month in advance. If you would like to book during peak times (such as weekends or holidays), you should book further in advance. Bookings are not finalised until you have received the confirmation email. Availability is provided clearly on the live-automated calendars provided on the webpages of the Experiences. Where there is no availability, this will read “There is no availability”.

All Salty Swims experiences are subject to removal from our website at any time without notice.

 

10. Contact Details Given to Tour Operators

It is your responsibility to ensure you enter your email address and other contact details correctly when you complete the experience booking process on Salty Swims’ website. Failure to do so may result in loss or incorrect delivery of the email confirmation of your experience. As the Tour Operator will be expecting you, failure to show may end up forfeiting the booking (subject to the Tour Operator’s terms and conditions).

 

11. Booking Cancellations

Tour Operators/ Suppliers have their own cancellation policies which you are bound to follow. Please refer to the cancellation terms section on the Experience webpage for the policy specific to your chosen experience. 

If a Tour Operator/ Supplier needs to cancel an experience for any reason, you will be offered to reschedule, your booking put on hold, or you’ll be provided with credit from the supplier. If the Tour Operator is unable to reschedule, you will be issued with a refund. Refunds must be processed before the original departure date/time – please contact Salty Swims immediately to arrange a refund to the payment method you used to make the booking. In the event of multiple cancellations by the Tour Operator, i.e. when rescheduled bookings are cancelled, or if the Tour Operator cannot reschedule within a reasonable period of time, you may be entitled to a remedy in accordance with your statutory consumer guarantee rights. 

Salty Swims will not reimburse any travelling, accommodation or other expenses incurred by you or any other person in the event of a cancellation. 

 

12. The Weather

Experiences are weather dependent/ dependent upon conditions on the open ocean. 

Tour Operators reserve the right to cancel due to adverse conditions, or for any other reason. In the event that a Tour Operator is required to cancel, you will either be contacted by the Tour Operator, or you may be required to make contact with the Tour Operation yourself. Instructions are provided in the webpage of the Experience under the subtitle “Where and When to Meet”. 

It is important that you provide a mobile number for this reason, and remain contactable within 24-hours of your departure time.

If a Tour Operator is required to cancel, please refer to section 11.

 

13. Complaints or Problems During Your Experience

If you have a problem or a complaint on the day of your experience, please bring this to the Tour Operator’s attention immediately so that issues may be addressed on the spot, where possible.

 

14. Insurance

Some of the experiences that we promote as an agent are considered dangerous. Prior to purchasing and participating in any experience, customers are required to undertake their own research and due diligence with regards to the risks involved. Tour Operators/ Suppliers warrant that they maintain appropriate public liability insurance for all risks associated with its business and service provisions. Salty Swims makes no warranty or representation about their business or services whatsoever (subject to your statutory consumer guarantee rights). The responsibility rests with you to make independent enquiries with the Tour Operator/ Supplier or other third parties as to the need to acquire your own insurance cover.

 

15. Descriptions of Experiences and Gift Cards

All information relating to Experiences and Gift Cards provided by a Tour Operator/ Supplier, is sourced directly from the Tour Operator/ Supplier. This information provided is checked by the Tour Operator for its accuracy. Tour Operators are responsible for informing Salty Swims of any changes, in which case, Salty Swims will to the best of its ability, amend any inaccuracy in a time sensitive manner. While Salty Swims does its best to ensure that the information provided is accurate and up-to-date, the content or format of some experiences may change slightly from time to time. The Tour Operator/ Supplier (upon confirmation of each booking) will provide the final details about each experience and will notify you of any subsequent changes. Your participation in each experience is conditional upon your acceptance of the Tour Operator’s terms and conditions, provided to you in your confirmation email.

 

16. Information Provided on Product Widgets & Product Information Panels

Product widgets are provided throughout Salty Swims website, and provide links to webpages of Experiences/Gift Cards. Widgets provide some information on the Experience/ Gift Card in question, including Location, Seasonality & Duration, so assist customers with making their selections and navigating through the Salty Swims website.

Product Information Panels are provided on the Experience and Gift Card web pages. This information includes the fixed subject matter of Location, Seasonality & Duration, and variable subject matter, including 3 of the following: Minimum Age, Minimum Certification, Difficulty, the inclusion of Spectator Rates and the inclusion of Food & Drink. 

Location

This information provides the location that the Experience departs from, and where the customer is required to meet. This information often describes a greater region, or a city for which the exact location/ township is a suburb. For the exact location, customers should refer to “When & Where to meet” on the webpage of the Experience. 

Seasonality

This information provides the months in which the Experience operates. This information is provided by the Tour Operator providing the Experience and is subject to change without notice.

Duration

Experience session lengths are approximate and are given by Tour Operators as a guide to the total time you will be at their venue.

Minimum Age

This information provides the minimum age for partaking in the Experience in its fullest and as described. It doesn’t necessarily prohibit younger customers from joining the Experience as a Spectator. Where this is the case, Salty Swims has provided this information on the Experience webpage. 

Minimum Certification

This information relates to specialised activities/sports whereby a minimum certification/qualification is required to partake in the activity. Where a minimum certification is required, a customer will be required to show proof of certification to the Tour Operator on the day. It doesn’t necessarily prohibit customers from joining the Experience as a Spectator, or partaking in the activity at a level whereby a minimum certification is not required. Where this is the case, Salty Swims has provided this information on the Experience webpage. 

Difficulty

This information provides a rating out of 10, and acts as a guide only. This information has been provided to assist customers in assessing whether an Experience is suitable. It is formed from the opinions of Salty Swims Directors, based on their limited experience working as Tour-Guides/ Snorkel-Guides/ Dive-Guides/ SCUBA-Instructors/ Skippers, and from the consideration of (1.) the style of vessel being used and the access it provides into/out-of the water, (2.) what kind of marine species is being encountered, and the physical challenges involved, and (3.) what challenges are faced due to the average ocean conditions during the months that the Experience is operated. 

Salty Swims does not accept any liability towards the accuracy of this information, and nor does it accept any responsibility for the wellbeing of customers, or the choices that they make when partaking in an Experiences. Prior to purchasing and participating in any experience, customers are required to undertake their own research and due diligence with regards to the risks involved.

Spectator Rates

This information indicates whether the Tour Operator has provided separate discounted rates for Spectators to book onto an Experience. These rates are provided by the Tour Operator on the automated-live calendars provided on the Experience webpage. Tour Operators reserve the right to change/amend their pricing structures without notice.

Food and Drink

This information indicates whether Food and/or Drink is included in the price or provided as an upgrade to the booking. Details of this inclusion/upgrade are provided in the descriptive content of the webpage, and thus follow the terms and conditions in section 15.

 

17. Illustrations/ Images used on our website

The images used to promote Experiences and Gift Cards on Salty Swims web pages are provided by/ gathered directly from the Tour Operators providing the specific Experience or Gift Card, and upon publishing on a webpage are sent to the Tour Operator to be checked for authenticity and permission of use. 

Salty Swims accepts no liability towards any possible copyright infringement, innocent or otherwise, and nor will it compensate for any historic use of any image used. Salty Swims does not accept, nor will it entertain, any communications brought forward by a third party seeking to pursue any unlawful claim of use on behalf of another person. 

Should the original artist/photographer find Salty Swims in receipt of any such image, they must immediately inform Salty Swims of this use in writing and provide proof of ownership. At which time, the image will be removed from Salty Swims website and an investigation will ensue to ascertain the ownership of the image.

Images used provide an indication only of the machines, vehicles, craft, venues and animals you will experience.

All other images/ illustrations/ texts used by Salty Swims are protected by copyright and must not be copied in whole or in part without the express permission of Salty Swims.

 

18. Prerequisites

Certain experiences provided by Tour Operators are subject to minimum age, weight, health or other restrictions. These restrictions are outlined on the relevant experience information page and also in the email of your booking confirmation. Please read this information carefully. It is your responsibility to understand any restrictions prior to confirming your booking. If you are later forced to cancel due to restrictions, you may be liable for charges by the Tour Operator of your experience or forfeit the experience altogether. It is your responsibility to adhere to the State-based rules (for Australian customers) and guidelines relating to COVID-19. You may be turned away on the day of the experience if you are not able to produce evidence that you have complied with the State or Government-based regulations, such as full vaccination or medical exemption. Failure to adhere to these or other State or Government-based guidelines may result in forfeiture of monies paid. 

 

19. Automated Emails and Texts

By Purchasing a Salty Swims Product you agree to be added to Salty Swims email marketing program (“mailing list”), and receive automated Emails and Texts, scheduled in the days/months leading up to and following a booking/ purchase being made.

These scheduled emails and texts will come (1.) in the form of an email at time of booking,  “Thank you for Shopping with Salty Swims”, (2.) an SMS 1-hour before departure of an Experience, “We hope you have the best time today”, (3.) a second email 24-hours after departure, “How did it go?”, and (4.) a third email 12-months after booking, “Can you believe it’s been a year”.

To opt out of the Email marketing program, please click on “Unsubscribe” at the bottom of your email and follow the instructions.

 

20. Affiliate Links

Salty Swims provides weblinks to Adreno (“Wholesale Diving Supplies PTY LTD” (Trading as Adreno)) throughout its website. Salty Swims is not associated with Adreno, and nor does it accept any liability for a customer’s experience with Adreno.

 

21. Salty Swims Legal Entities

The Salty Swims Australia website (www.saltyswims.com.au) is owned and operated by Salty Swims (ABN 2434326034) herein referred to as ” Salty Swims”. We reserve the right to change these terms and conditions without notice.

 

22. Information security

Notwithstanding the reasonable steps taken to keep information secure, breaches may occur.  In the event of a security incident we have in place procedures to promptly investigate the incident and determine if there has been a data breach involving personal information, and if so, to assess if it is a breach that would require notification.  If it is, we will notify affected parties in accordance with Privacy Act requirements.

In the event of a security incident involving unauthorised access, use or disclosure of personal information where a third party with whom we share personal information is involved, we will seek to work cooperatively with them to protect the personal information we have shared with them.