Terms & Conditions
-Aqualibrium (ABN 71 935 293 487)
Last updated: 28 November 2025
AQUALIBRIUM – BOOKING TERMS & CONDITIONS
Aqualibrium (ABN 71 935 293 487)
These Booking Terms and Conditions (“T&Cs”) apply to all bookings with Aqualibrium (ABN 71 935 293 487) (“Aqualibrium”, “we”, “us”, “our”). By making a booking with us (directly or via an agent or online platform), you agree to be bound by these T&Cs for yourself and for all persons included in the booking.
We arrange and operate guided tour and retreat experiences in Australia and overseas, including but not limited to accommodation, transport, food and beverages, outdoor activities, guides and third-party services supplied by our trusted partners.
1. DEFINITIONS
In these T&Cs:
“Experience” means any tour, retreat, getaway, expedition, program or travel service operated or arranged by Aqualibrium, whether day or multi-day, in Australia or overseas.
“Customer”, “you”, “your” means the person making the booking and every person included in that booking. You warrant you have authority to agree to these T&Cs on behalf of all participants.
“Booking Total” means the total price payable for an Experience, including any accommodation, activities, meals and package inclusions.
“Deposit” means the non-refundable portion of the Booking Total payable at the time of booking as set out in clause 4.
“Day Experience” means any Experience of one calendar day or less without included overnight accommodation.
“Multi-Day Experience” means any Experience of more than one day and/or with included accommodation (this includes your “retreats”).
“Third-Party Provider” means a third party that provides products or services in connection with an Experience (e.g. accommodation, boats, airlines, vehicle transfers, activity operators, restaurants).
“Force Majeure Event” means an event beyond our reasonable control, including but not limited to severe weather, natural disaster, fire, flood, pandemic, government restrictions, industrial action, war, terrorism, civil unrest, failure of public utilities, or the inability to obtain services from suppliers.
For clarity: in these T&Cs the words Experience/Experiences cover tours, retreats, getaways, expeditions and any other travel product you book with us.
2. SCOPE OF THESE TERMS
These T&Cs apply to every contract for services between you and Aqualibrium, whether you book directly with us, via an agent or via an online booking platform.
These T&Cs cannot be varied unless agreed in writing by us.
If any part of these T&Cs is invalid or unenforceable, the remaining parts continue in full force.
3. PRICES, VALIDITY & INCLUSIONS
All prices are in Australian Dollars (AUD) and include GST where applicable.
A booking request is accepted when we issue a written booking confirmation and you have paid your Deposit.
Prices stated are current at the time of publication.
Prices are subject to change without notice until your booking is confirmed and your Deposit is paid. Once confirmed, we will honour your quoted price except where clause 3.4 applies.
Each Experience listing will specify what is included (e.g. activities, equipment, accommodation, meals, transport) and what is excluded (e.g. flights, travel insurance, optional activities, some meals, personal expenses).
We may adjust prices after confirmation only where there is a significant increase in costs outside our control (for example supplier price increases, fuel surcharges, applicable taxes or park fees). In that case we will notify you and you may either:
pay the difference and continue with the Experience; or
cancel and receive a refund of monies paid less any unrecoverable Third-Party Provider costs already incurred on your behalf.
4. BOOKINGS, DEPOSITS & FINAL PAYMENTS
4.1 Deposit
Because our Experiences rely on multiple suppliers and we commit to contracts and payments well in advance, we require the following deposits:
Day Experiences
100% of the Booking Total is payable at the time of booking.
25% of the Booking Total is a non-refundable Booking Fee from the moment payment is made.
Multi-Day Experiences (including retreats)
A 25% Deposit (non-refundable) is payable at the time of booking.
For private or custom groups, we may specify a higher Deposit in writing.
This reflects the extensive planning, limited group sizes and non-refundable supplier commitments involved.
4.2 Balance Due Dates
Unless stated otherwise in your specific Experience information:
Multi-Day Experiences
50% of the Booking Total (including your Deposit) is due 90 days before departure.
The remaining 50% balance is due 60 days before departure.
Bookings made within 60 days of departure require full payment at the time of booking.
Day Experiences
Full payment is required at the time of booking.
If payments are not received by the due dates, we may treat your booking as cancelled and apply the cancellation fees in clause 6.
5. PAYMENT METHODS & FEES
We accept payment by the methods shown on our website or booking platform (e.g. credit card, debit card, bank transfer).
You authorise us to charge your nominated card for all amounts due in connection with your booking, including cancellation fees and additional charges.
Any bank, credit card, PayPal or currency conversion fees are your responsibility and are non-refundable.
6. CANCELLATIONS BY YOU
All cancellations must be made in writing (email is sufficient). The effective date is when we receive your written notice.
6.1 Multi-Day Experiences (including retreats)
Due to the extensive planning and the non-refundable commitments we make to multiple suppliers, the following cancellation fees apply (calculated on the Booking Total):
91 days or more before departure:
You forfeit the 25% non-refundable Deposit. Any additional payments made are refunded.
90–61 days before departure:
You forfeit the Deposit plus 50% of the Booking Total. The balance (if any) is refunded.
60 days or less before departure (including no-shows):
100% of the Booking Total is forfeited.
These cancellation charges are a genuine pre-estimate of the loss and costs we incur due to supplier contracts, held spaces, administration and the limited chance of re-selling your place at short notice.
6.2 Day Experiences
For Day Experiences:
More than 14 days before departure
25% Booking Fee is forfeited; the remaining 75% of the Booking Total is refunded or may be held as credit.
14–3 days before departure
50% of the Booking Total is forfeited; 50% may be held as credit valid for 12 months, at our discretion.
72 hours or less before departure; or no-show
100% of the Booking Total is forfeited. (No refund, no credit.)
6.3 Part-Use, Late Arrival, Early Departure
If you:
arrive late;
choose not to participate in any activity;
leave an Experience after it has started; or
do not use any included service,
no refunds or credits are provided for unused services.
7. CANCELLATIONS OR CHANGES BY US
7.1 Minimum Numbers
Some Experiences require a minimum number of guests to operate. If minimum numbers are not met, we may cancel or offer an alternative date or Experience.
7.2 Cancellation Before Departure
We may cancel or modify an Experience before departure due to:
Force Majeure Events;
safety concerns (including severe weather, ocean conditions, bushfire, road closures);
insufficient numbers;
illness or unavailability of key guides where no substitute is reasonably available;
failure of Third-Party Providers; or any other reason making it unsafe or unfeasible to operate the planned itinerary.
If we cancel for reasons other than a Force Majeure Event:
you may transfer to another date or Experience (subject to availability), or receive a refund of monies paid to us for that Experience, less any unrecoverable Third-Party Provider costs already paid on your behalf.
If we cancel because of a Force Majeure Event, we will, where possible:
offer an alternative date or credit; and
are not obliged to provide a cash refund to the extent permitted by law, as most supplier costs will already have been paid or committed.
We are not responsible for any additional costs you incur, such as flights, accommodation, visas, transfers, insurance or loss of income.
7.3 Changes During an Experience
You acknowledge that the nature of our Experiences requires flexibility. Routes, schedules, accommodation, activities, wildlife encounters, guides, transport modes and inclusions may change without notice due to local conditions, weather, safety, supplier availability or other factors.
Where changes are made for safety or operational reasons, there is no right to a refund or compensation for resulting costs or disappointment.
8. TRAVEL INSURANCE
Comprehensive travel insurance is strongly recommended for all customers and may be mandatory for some Experiences. Your cover should include at least:
medical expenses and evacuation;
trip cancellation and curtailment;
lost or delayed baggage;
cover for adventure activities such as kayaking, e-biking, cycling, snorkeling, diving or boating as relevant to your Experience.
We strongly suggest purchasing insurance at the time of booking so you are covered if you later need to cancel.
If you choose not to take out insurance, you accept full responsibility for all resulting loss, costs and expenses.
9. HEALTH, FITNESS & MEDICAL CONDITIONS
Our Experiences are active and may involve kayaking, cycling, e-biking, walking or hiking on uneven terrain, swimming or snorkeling, vehicle travel on unsealed roads, boat travel, and exposure to changing weather and ocean conditions.
You warrant that you:
have a suitable level of physical and mental fitness for the Experience;
can swim confidently in open water where water-based activities are involved (or you have told us otherwise in writing and accept any additional risk controls we require);
have disclosed all relevant medical conditions, injuries, allergies and medications; and will carry any required personal medication (e.g. inhalers, EpiPens) and inform guides where necessary.
We may request a medical certificate or further information before confirming or continuing your participation; failure to provide this may result in cancellation under the standard cancellation terms.
We may refuse participation, or require a guest to leave an Experience, if in our opinion or that of a Third-Party Provider you are unable to safely participate or your condition may pose a risk to yourself or others. In this case, no refund is provided and additional costs are your responsibility.
10. AGE & CHILDREN
Unless otherwise stated on a specific Experience:
Guests must be 18 years or older to book.
Minors may participate only where allowed for that Experience and must be accompanied and supervised by a responsible adult at all times.
We may set minimum age limits for particular Experiences due to safety, distance or activity level (e.g. kayaking, bike tours, offshore marine life trips).
11. BEHAVIOUR, ALCOHOL & DRUGS
We expect all guests to behave respectfully towards others, our guides, suppliers, local communities and the environment.
We may immediately remove any guest (without refund) for:
abusive, threatening or discriminatory behaviour;
harassment or unsafe conduct;
intoxication or illegal drug use;
refusal to follow reasonable directions from guides or crew.
If your behaviour results in damage to property or additional costs, you agree to reimburse us or the relevant supplier in full.
12. EQUIPMENT, VEHICLES & PERSONAL PROPERTY
You are responsible for the safe and reasonable use of any equipment supplied by us or our partners (for example kayaks, paddles, PFDs, bikes, e-bikes, snorkel gear, fishing gear, wetsuits, helmets). You must follow all instructions and wear safety gear as directed.
You are responsible for any loss, damage or theft of equipment caused by your negligence or misuse and may be charged the repair or replacement cost.
Where Aqualibrium or a Third-Party Provider transports you in a vehicle (including cars, vans, 4WDs, buses or boats), you must wear seatbelts or other safety restraints where provided and follow all safety instructions.
We are not responsible for loss, theft or damage to your personal property (including luggage, electronic devices, cameras, dive or snorkel gear, passports, money or jewellery), whether in accommodation, vehicles, boats or public areas, to the maximum extent permitted by law.
13. WILDLIFE, WEATHER & OCEAN CONDITIONS
Many Experiences involve observing wildlife (such as dolphins, rays, whales, birds) in their natural environment. While we will always use our best efforts, wildlife sightings cannot be guaranteed.
Ocean and weather conditions (including swell, wind, rain, visibility and temperature) are outside our control and may affect what activities can safely operate on the day.
Changes, delays or substitutions caused by weather or ocean conditions do not entitle you to any refund or compensation, provided we have acted reasonably and in the interests of safety.
14. THIRD-PARTY PROVIDERS
Many elements of your Experience are provided by Third-Party Providers (e.g. accommodation, charter boats, airlines, independent activity operators). We act as an agent for these providers and do not control their operations.
All bookings with Third-Party Providers are subject to their own terms and conditions (including cancellation and change fees) in addition to these T&Cs.
We are not responsible for any acts, omissions, errors or negligence of Third-Party Providers, or for any loss, damage, injury or delay caused by them, to the extent permitted by law.
15. INTERNATIONAL EXPERIENCES
For any Experience outside Australia:
You are responsible for ensuring you meet all passport, visa, vaccination and entry requirements for the destination country.
We are not liable if you are refused entry, denied boarding, or otherwise prevented from travelling due to documentation or health requirements imposed by airlines, governments or other authorities.
Any additional costs (e.g. quarantine, testing, re-routing, accommodation, changed flights) are your responsibility.
16. RISK ACKNOWLEDGEMENT, LIABILITY & INDEMNITY
You acknowledge that our Experiences involve inherent risks, including but not limited to slips and falls, rough or uneven terrain, ocean conditions, wildlife encounters, adverse weather, equipment failure, road travel, and the actions of other participants.
To the maximum extent permitted by law, you release and discharge Aqualibrium, its owners, employees, contractors and agents from all Claims and Liabilities for:
loss, damage, injury or death;
delay or additional expense; or
any other loss arising from your participation in an Experience,
except where directly caused by our negligent act or omission.
Nothing in these T&Cs is intended to exclude, restrict or modify any rights you have under the Australian Consumer Law (ACL) that cannot lawfully be excluded. Where the ACL applies and permits limitation of liability, our liability is limited to (at our option) resupplying the services or paying the cost of having the services resupplied.
You agree to indemnify us against any loss, damage, claim or expense (including legal costs) arising from:
your breach of these T&Cs; or
your negligent or unlawful acts while participating in an Experience.
17. PHOTOGRAPHY, MEDIA & MARKETING
Our guides or Third-Party Providers may take photos or video during an Experience. You consent to us using images of you for marketing and promotional purposes (website, social media, brochures etc.) without compensation, unless you notify us in writing before the Experience.
You may take personal photos and video, but commercial use, including use of drones, may be restricted or require permits and our prior written consent.
18. PRIVACY & DATA
We collect personal information (such as your contact details, emergency contacts, medical or dietary information relevant to your participation) to operate our Experiences safely and efficiently.
We store your information using reputable third-party systems (such as booking platforms, email providers and payment gateways) and take reasonable steps to protect it from loss, misuse and unauthorised access.
We will not sell your personal information. We may share relevant details with Third-Party Providers where necessary to deliver your Experience (for example accommodation, activity operators or transport providers).
Our full Privacy Policy (separate document) explains how we collect, use and store your information and how you can access or correct it.
19. COMPLAINTS
If you have a complaint during an Experience, you should raise it with your guide as soon as possible so we can try to resolve it on the spot. If it is not resolved, please contact us in writing within 14 days after the Experience, providing full details.
20. GOVERNING LAW & JURISDICTION
These T&Cs are governed by the laws of Western Australia, and you submit to the exclusive jurisdiction of the courts of Western Australia and Australia.
WAIVER & ASSUMPTION OF RISK
STRICT WAIVER & ASSUMPTION OF RISK
By participating in any Aqualibrium tour, retreat, day experience or multi-day experience, you acknowledge and agree:
- All outdoor, nature-based, ocean-based, land-based, river-based and adventure activities involve inherent risks.
- Snorkelling, swimming, kayaking, biking (road, trail, mountain, e‑biking), hiking, nature walks, fishing, camping and all other adventure activities are undertaken at your own risk.
- Aqualibrium does not insure participants for personal injury, medical treatment, evacuation, loss or property damage.
- All diving, snorkelling and marine wildlife encounters delivered by Third‑Party Providers operate under their own safety systems and insurance.
- You will follow reasonable safety instructions; failure to do so increases your personal risk.
- You release and indemnify Aqualibrium from all liability except where caused by our proven negligence.
By completing your booking, you confirm agreement to this Waiver & Assumption of Risk.