BOOKING TERMS AND CONDITIONS
By enrolling in our Kayak Tours, you agree to the following Terms and Conditions, along with any other policies that may be published or linked on our Website. These terms create an “Agreement” between you (“the Client”/ “you”/ “your”) and us, Top Sydney Kayak [ABN 40134597558] (“we”/ “us”/ “our”). If you disagree with any part of these terms, please refrain from participating in our Kayak Tours.
MEDICAL DISCLAIMER
Participating in kayaking may have effects on your existing health conditions. We advise consulting your healthcare provider before joining our Kayak Tours, considering any health limitations or concerns.
If you have any health issues or prior injuries that might affect your performance during our Kayak Tour, or if you are pregnant or unwell, please inform your instructor beforehand. Participation with any health condition is entirely at your own risk.
You are solely responsible for monitoring your exertion levels. Always exercise at a pace that suits you, and stop immediately if you feel any discomfort. Do not continue if your physical state changes at any time.
By engaging in any activity, including our Kayak Tours or using our equipment, you accept that it is at your own risk and that we are not liable for any loss or injury arising from or related to these activities or any advice provided on our Website or by us.
Please note, our kayaking staff are not medically trained and are not able to assess if you are fit enough to participate safely.
BOOKING AND FEES
Our Kayak Tour prices and schedules are listed on our Website, and we reserve the right to modify these from time to time, with all updates posted online.
Our tours have limited spaces. To reserve a spot, you must pay the full amount. Bookings can be made online at https://topsydneykayak.com or by emailing topsydneykayak@gmail.com.
PERSONAL INFORMATION
By booking an experience, you consent to providing personal details such as your name, phone number, email (and you inform us beforehand of your age and/or medical. condition if it is relevant for the activity). You confirm that:
- all information provided is accurate and up-to-date;
- you and any other participants meet the weight requirements; and
- you will promptly respond to any further information requests we may have. Your personal information will be managed according to our Privacy Policy, which is indicated below.
WEIGHT AND AGE LIMITS
Participants must adhere to the following weight and age restrictions:
- All participants must be 18 years old or older.
- Single Kayak: Maximum Capacity 110 kg / 240 lb.
PAYMENTS
Payment is required at the time of booking. Except as per Australian Consumer Law, refunds are not provided unless we decide to cancel the tour. If you need to transfer your payment to a future tour, please email us at topsydneykayak@gmail.com. Transfers are at our discretion.
SCHEDULE AND OPERATING HOURS
Schedules are subject to change or cancellation without prior notice. See cancellation policy for details about reschedule, store credit or refund. We will attempt to inform you of any permanent or temporary changes to our hours.
ALL-WEATHER EXPERIENCE
Kayaking with Top Sydney Kayak is an all-weather activity. While you can book sunrise, mid-morning, or sunset tours, we cannot guarantee the weather conditions or views. You must bring your own rain gear or any necessary equipment for the weather condition.
CANCELLATION POLICY
If we deem conditions unsafe before the tour, we’ll offer a rescheduled date, store credit, or a 90% refund. If conditions become unsafe during the tour similar options apply. If the lack of safety is due to the participant/s behaviour, such as being identified as drunken, lack of respect or any other misbehaviour, no refund or reschedule will be provided. We are not responsible for any inconvenience caused by cancellations.
If conditions are safe and you choose not to attend, we cannot offer a refund or reschedule.
- Your Cancellations:
- More than 7 days’ notice: 90% refund or reschedule without fee (reschedules are only available once per booking)
- 3-7 days’ notice: No refunds; rescheduling may be allowed at our discretion (new date must be within 2 months of the original booking and is subject to availability).
- Less than 72 hours’ notice or no-show: No refunds or reschedule.
SAFETY AND INFECTIOUS DISEASES
There are inherent risks in attending our tours. We follow safety guidelines as per government recommendations. By joining our tours, you acknowledge the risk of exposure to infectious diseases, including COVID-19, and accept that participation is at your own risk.
CONDUCT AND PARTICIPANT RESPONSIBILITIES
We expect all participants to treat others and property respectfully. We reserve the right to refuse or remove participants from a tour for inappropriate, unsafe, or disruptive behavior. If you witness a breach of conduct, notify our staff.
- Arrive 10 minutes before the tour to avoid disruption. We may reassign your spot if you arrive late, and no refund will be given.
- We discourage leaving before the tour ends as it can disrupt others.
- Dress appropriately for kayaking. Wear comfortable clothes (and shoes) you don’t mind getting wet.
- Bring essentials like water, sunglasses, sunscreen and a hat.
DISABILITIES AND SPECIAL NEEDS
Please contact us at topsydneykayak@gmail.com if you require special assistance.
PERSONAL BELONGINGS
We are not responsible for safeguarding personal items you bring on the tour. We recommend leaving valuables at home.
AUSTRALIAN CONSUMER LAW
Our services come with guarantees as per Australian Consumer Law. For significant issues, you may be entitled to a refund or compensation for unused portions. For minor issues, we aim to address them promptly, or you may request a refund if unresolved.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, we are not liable for any loss or damage incurred during participation in our tours, including theft, unauthorized access, or third-party interference. If liable under Australian Consumer Law, our liability is limited to either a rescheduled tour or a refund of the payment made.
You agree to indemnify us against any claims arising directly or indirectly from any breach of this Agreement or your conduct during our tours.
TERMINATION AND REFUNDS
We may terminate this Agreement if you breach any terms, in which case no refunds will be provided, and outstanding fees will become due immediately.
FORCE MAJEURE
We are not liable for any failure to meet obligations due to events beyond our control (Force Majeure), including but not limited to natural disasters, pandemics, or severe weather.
DISPUTE RESOLUTION
Confidentiality is essential to our reputation. Disputes are resolved through private means, and any defamatory or damaging public comments may lead to compensation claims. For unresolved disputes, parties agree to hire an independent arbitrator, with each party covering their own costs.
GOVERNING LAW
This Agreement is governed by the laws of NSW, Australia. It supersedes prior agreements, and any inconsistent terms on our Website are overridden by these Terms. Non-enforceable provisions will be severed without affecting the remaining terms, and all obligations will survive termination of this Agreement.
KEY TERMS
Agreement
Refers to these Terms and Conditions, as well as our Website Terms of Use, Privacy Policy, and any other policies we publish or link on our website.
Website and Services
Refers to www.sydneykayakexperience.com.au, including all products and services available through the website.
We, Us, or Our
Refers to Top Sydney Kayak t/as Sydney Kayak [ABN 40134597558], including its directors, officers, employees, agents, partners, and contractors.
Fees
The payment required from you for the Kayak Tours provided by us.
Kayak Tours
The kayaking activities conducted at Sydney Harbour or Enclosed Sea, starting from 1 Railway Ave, Lavender Bay NSW 2060. Alternative starting points may be arranged upon request. Our operations are licensed in NSW.
Claims
Any legal claims, demands, awards, or costs, including those under statute, tort, contract, or negligence.
Loss or Damage
Includes any direct, indirect, incidental, punitive, special, or consequential loss or damage, such as loss of profits, revenue, savings, enjoyment, opportunity, reputation, data, personal injury, death, property damage, or legal costs.
Medical Condition
Any illness, injury, disability, physical deformity, disorder, or mental health condition.
Australian Consumer Law
Refers to Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Force Majeure Event
Any event beyond our control that prevents us from meeting our obligations, including but not limited to pandemics, natural disasters (fires, earthquakes, floods), war, hostilities, riots, strikes, terrorism, electrical failures, regulatory changes, weather events, travel restrictions, or venue closures.