DAMPIER PORT TOURS

Cancellation Policy

Dampier Port Tours Terms and Conditions Dampier Port Tours is operated by Missions to Seafarers North West Australia (ABN 58 643 984 516) (Operator). By participating in a Tour, you agree (and if you are under 18 years of age, your legal guardian agrees on your behalf) to be bound by these Terms and Conditions (T&Cs). Failure to comply with these T&Cs may result in your being refused participation in and/or removal from Dampier Port (the Site) without refund or any other form of compensation. Arrival at Dampier Seafarers Centre 1. The tour commences and finishes at Dampier Seafarers Centre, 6 The Esplanade, Dampier. 2. You should arrive at least 15 minutes prior to the start time of your Tour. The Operator is under no obligation to reschedule your participation in a Tour and will have no liability to offer a refund if you are late. 3. You are solely responsible for any personal belongings you bring on the Tour. General Health and Safety 4. The Tour may not be suitable for participants with impaired mobility. Medical conditions must be notified to the Operator at the time of booking, and again at any change of circumstance. 5. You will be refused entry, or removed from Site, if you engage in any unsafe or unacceptable behaviour, including without limitation threatening or abusive behaviour towards other tour participants or staff, or being under the influence of alcohol or drugs. 6. All tour participants must wear long sleeved shirts, long pants and fully enclosed shoes. 7. It is the participant’s responsibility to take appropriate care for their sun protection and hydration. 8. All tour participants are required to wear safety glasses on Site when leaving the bus, which are available for borrow or purchase from the Centre / Operator. 9. All tour participants are required to wear seatbelts whilst travelling on the bus. Participation in a Tour 10. Commencement of the tour depends on a minimum number of four (4) people and admits a maximum of ten (10) people. 11. You must comply with the directions of your Tour Officer, authorised Rio Tinto personnel and other security personnel regarding Site operations and emergency response procedures at all times. 12. You must exercise all due care and control for your own safety and for that of any other persons under your control or supervision whilst participating in the Tour. 13. There is no minimum age for tour participants. Children must be accompanied by a responsible adult at all times, who will be responsible for their care and conduct whilst participating in the Tour. 14. Smoking, including the use of e-cigarettes (vaping), is not permitted during the Tour. 15. No animals (other than registered assistance dogs) will be permitted on Site. 16. No food or drinks, other than water, to be consumed on the bus or on Site. 17. Areas accessible during a Tour are subject to change on a daily, and Tour by Tour basis, at short notice, to accommodate operational requirements. Access to all areas is not guaranteed, and the Operator has no obligation to provide an exchange or refund. 18. You may be required to undergo random drug and alcohol testing by Rio Tinto on Site. 19. You must not enter restricted areas without expressed permission. 20. You must not deface, damage or remove any property on Site. 21. Audio visual equipment may only be used for personal use, and not for commercial gain. 22. Professional media agencies, freelance photographers and video production agencies must seek prior approval from Rio Tinto before taking images on Site. 23. Security cameras operate around the Site, as such you may be filmed, photographed, or otherwise recorded. General 24. These Terms and Conditions are governed by the laws of Western Australia and the non-exclusive jurisdiction of the courts thereof. 25. The Operator reserves the right to update, modify or change these Terms and Conditions from time to time. Liability 26. You acknowledge that the Dampier Port Tour is a recreational activity, and admission on Site and participation in the Tour is at your own risk. These risks include the risk of physical injury or death, the inducement or exacerbation of medical conditions and mental harm or distress. You acknowledge that your health, ability and conduct will affect such risks. To the extent the Dampier Port Tour is a “recreational service” within the meaning of section 139A of the Competition and Consumer Act 2010 (Cth), and to the extent permitted by law, the Operator and all Operator personnel exclude all: a) liability for death or personal injury in relation to supply of recreational services; b) express or implied warranties and conditions, including without limitation that the Dampier Port Tour will be provided with reasonable care and skill. 27. To the extent permitted by law all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on the Operator and Rio Tinto are excluded under these Terms and Conditions. 28. If a supply under these Terms and Conditions is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law, nothing contained herein excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits the Operator to limit its liability, then the Operator’s liability shall be limited to: a) in the case of services, supplying the services again or payment of the cost of having the services supplied again; and b) in the case of goods, replacing the goods, supplying equivalent goods or repairing the goods, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired. 29. To the extent permitted by law, by entering Dampier Port and participating in a Tour you agree that the Operator and its personnel, representatives, servants and agents, shall not be liable to you, or anyone under your care and control, for any loss or damage (including without limitation, loss or damage caused by the negligence of the Operator or its personnel, servants and agents and incidental and consequential loss or damage) arising out of or in any way in connected with your participation in a Tour. 30. You indemnify and will keep indemnified the Operator, all Operator personnel and Rio Tinto against all costs, losses or damages arising out of or in any way in connected with your participation in a Tour, or a breach by you of these Terms and Conditions, except to the extent the costs, losses or damages were caused or contributed to by the negligence of the Operator and/or the Operator personnel. 31. Nothing in clauses 26 to 30 (inclusive) limits or excludes the liability of the Operator or the Operator personnel for any liability that cannot be excluded under applicable law. Refunds, Credits and Cancellations Operator cancellations The Operator reserves the right to cancel the tour for any safety reason or due to: • Lack of minimum numbers • Bad weather • Rio Tinto Site closure In these instances, a full refund will be provided. Customer cancellations You may transfer your booking to another person or cancel your booking by emailing: tours@dampierseafarers.org If you have to cancel your booking we offer a credit to be used towards a future tour. If you would like a refund: • Cancellations made 7 days or more in advance of the tour will receive a full refund less 10% admin fee • Cancellations made 3 - 6 days will incur a cancellation fee of 50% • No refund is available if the booking is cancelled within 48 hours of the tour Late arrivals You should arrive at least 15 minutes prior to the start time of your Tour. The Operator is under no obligation to reschedule your participation in a Tour and will have no liability to offer a refund if you are late. Have a great tour!