Terms and Conditions
Table of Contents
Terms and Conditions - The Eco Lodge & The Villa
- General
These Terms and Conditions (“T&C”) apply to the Booking made by the Customer with Dirk Hartog Island Pty Ltd.
By making a Booking (directly or through a third party), the Customer agrees to these Terms and Conditions for themselves and for all persons included in the Booking and each such person shall be jointly and severally bound by these T&C’s.
- Definitions
“Accommodation” means the accommodation made available by Dirk Hartog Island Pty Ltd.
“Authority” means: a government or government department or other body;
a governmental, semi-governmental or judicial person, including a statutory corporation; or a person (whether autonomous or not) who is charged with the administration of a law.
“Booking” means the act of booking the Experience.
“Cancellation Fee” means: such portion of the Cost as referred to in clause 4; or
such other amount as stipulated by Dirk Hartog Island Pty Ltd from time to time.
“Customer” “You” or “Your” means the person making the Booking (and includes all persons included in the Booking).
“Force Majeure Event” means any occurrence or non–occurrence as a direct or indirect result of which a party is prevented from or delayed in performing any of its obligations and that is beyond the reasonable control of that party, including:
forces of nature (including fire, earthquake, storm, flood or other casualty or accident);
war, civil strife or other violence; industrial action, or any action or inaction by an Authority; any law, order, proclamation, regulation, ordinance, action, demand or requirement of any Authority; and epidemic or pandemic to the extent that restrictions (including lockdown and quarantine restrictions) are imposed by any Authority.
“Goods” means all property, equipment of any nature, chattels, fixtures and fittings, and goods of any description.
“including” is deemed to be followed by the words “without limitation”.
“Provider” “We” “Us” or “Our” means [Dirk Hartog Island Pty Ltd], its Representatives and assigns.
“Rate” means the total amount payable to Dirk Hartog Island Pty Ltd
by the Customer for the Booking.
“Representatives” means the agents, directors, officers, contractors, volunteers or employees of Dirk Hartog Island Pty Ltd
“Security Bond” means any amount requested by Dirk Hartog Island Pty Ltd in addition to or inclusive of the Rate (to cover such things as breakages, damages, cleaning and like charges).
“Waiver” means the Waiver, Release, Discharge and Indemnity published by Dirk Hartog Island Pty Ltd and accepted by the Customer at the time of making the Booking.
- Bookings
All Bookings are subject to availability.
Dirk Hartog Island Pty Ltd reserves the right to decline any Bookings or requests at its absolute discretion.
Unless otherwise determined by Dirk Hartog Island Pty Ltd prior to or at the time of Booking, the following provisions apply:
- A 40% non-refundable deposit is required to be paid at the time of Booking.
- All bookings are to be paid in full 60 days prior to arrival date.
- A list identifying all persons using the Accommodation is to be provided 60 days prior to arrival.
Specials / Packages:
Dirk Hartog Island Pty Ltd reserves the right to promote / offer the Accommodation on terms and conditions different to the T&C (including as to cost, payment terms and Cancellation Fee) at its discretion and for each Booking therein made those terms and conditions shall prevail over the T&C with respect to any inconsistency.
Dirk Hartog Island Pty Ltd reserves the right to request payment of a Security Bond by the Customer, at any time.
Failure by the Customer to make payment as required in accordance with the T&C, or as otherwise requested by Dirk Hartog Island Pty Ltd, may result in the Booking being cancelled and Dirk Hartog Island Pty Ltd making available the Accommodation, or any part thereof, to other persons.
If the Customer makes payment by way of credit card, the Customer warrants that the information provided to Dirk Hartog Island Pty Ltd is true and complete, that the Customer is authorised to use the credit card to make payment and that the Customer’s payment will be honoured by the credit card issuer.
Any items or services not included in the Booking are the sole responsibility and cost of the Customer.
- Cancellation
All cancellations must be in writing and sent to stay@dirkhartogisland.com.au
It is the Customer’s responsibility to ensure Dirk Hartog Island has received notice of any cancellation of the Booking.
Subject to these T&C’s, where the Customer cancels the Booking:
– The 40% non-refundable deposit / Cancellation Fee shall be deducted from any monies paid and retained by the Provider.
Cancellation requests:
– [60] days or less prior to the commencement of the Activity (including on the day of the Activity and no shows), all monies paid by the Customer will be forfeited.
– [61] days or more prior to the commencement of the activity, 40% deposit will be forfeited, all other monies refunded.
– Where the Booking is cancelled in accordance with clauses above, Dirk Hartog Island Pty Ltd shall have the right to re-book the Accommodation, or any part thereof.
- Rates
Rates are in AUD and inclusive of GST.
Rates are subject to change. Dirk Hartog Island Pty Ltd reserves the right to change the Rate without notice provided that the Rate will not be varied for Bookings that have been paid in full.
- Property in Goods
All Goods supplied by Dirk Hartog Island Pty Ltd remain the property of Dirk Hartog Island Pty Ltd.
The Customer shall not alter, change, replace or otherwise interfere with any Goods.
Dirk Hartog Island Pty Ltd takes no responsibility for the suitability of the Goods for the Customer’s specific requirements, and it is the Customer’s responsibility to ensure that all Goods are suitable for the Customer’s specific needs.
Any damage to Goods is the Customer’s liability The Customer will be responsible for any costs / repairs required to damaged Goods.
The Customer shall ensure that any Goods are not damaged or destroyed and shall return all Goods in the same condition as provided, fair wear and tear excluded. The Customer will pay the cost of any damage to, cleaning or loss of the Accommodation, which occurred during the Booking period, and any reasonable expenses incurred by Dirk Hartog Island Pty Ltd because of such damage, cleaning and or loss to be determined by Dirk Hartog Island Pty Ltd at its absolute discretion.
Dirk Hartog Island Pty Ltd has the right to inspect any Goods at any time.
The Lodge and Villa are non-smoking venues. Smoking of any kind, including e-cigarettes, is prohibited. If you smoke in The Lodge or Villa, you may incur a cleaning fee of $500 and additional fees.
A Cleaning Fee of $500.00 may be charged if the venue is left in an unsatisfactory state. This is at the discretion of the manager.
We ask that you help keep our island pristine by properly disposing of cigarette butts and fish frames. Let’s work together to protect this beautiful environment for everyone to enjoy.
Dirk Hartog Island Pty Ltd reserves the right to use any Security Bond to cover the cost of any breakages, damage to, cleaning of or loss of the Accommodation, and any reasonable expenses incurred Dirk Hartog Island Pty Ltd because of such damage, cleaning and or loss.
- Behaviour Policy
Anti-social behaviour and intoxication or creating a disturbance to other customers and or Representatives will not be tolerated and may result in immediate termination of the Booking and expulsion from the Accommodation.
Where the Booking is terminated pursuant to this clause, the Customer shall forfeit all monies paid to Dirk Hartog Island Pty Ltd.
- Customer’s Warranties
The Customer warrants that:
- the Customer has and will comply with all applicable laws
- the Customer has and will comply with all lawful directions of Dirk Hartog Island Pty Ltd; the Customer has not relied on any representations or warranties that may have been made by Dirk Hartog Island Pty Ltd or its Representatives; and
- the Customer will report all hazards immediately to Dirk Hartog Island Pty Ltd.
- Termination
Dirk Hartog Island Pty Ltd may terminate the Booking and expel the Customer from the Accommodation immediately if there has been a breach of the T&C’s.
Any termination of the Booking in accordance with this provision will result in all monies paid by the Customer to Dirk Hartog Island Pty Ltd being forfeited by the Customer and retained by Dirk Hartog Island Pty Ltd
The accrued rights, obligations and remedies of Dirk Hartog Island Pty Ltd are not affected by the termination of the T&C.
- Liability and Waiver
To the maximum extent permitted by law, the Customer releases, waives, discharges and indemnifies Dirk Hartog Island Pty Ltd and their Representatives from any and all Claims and Liabilities which may be made by the Customer, or on the Customer’s behalf, for loss, in any way arising out of or related to the Accommodation or the T&C, including but not limited to property loss or damage, bodily injury or death.
Dirk Hartog Island Pty Ltd and their Representatives shall not in any event be liable for contingent, consequential, indirect, special, and punitive or any other similar damages, howsoever caused, for any damage, injury or loss, arising out of or in connection with the Accommodation or the T&C, whether arising under breach of contract, negligence (commission, omission or advice), statute or otherwise.
To the maximum extent permitted by law, the total liability of Dirk Hartog Island Pty Ltd and their Representatives arising out of, or in connection with the Accommodation or the T&C is limited to the total value of the Rate.
This clause:
- applies notwithstanding that any such claim, action or loss may come about, either wholly or in part, due to the negligence of or breach of a contractual term by Dirk Hartog Island Pty Ltd.
- is intended to be as broad and inclusive as is permitted by law; and
- does not exclude, restrict or modify the application of the Competition and Consumer Act 2010, as amended from time to time.
For the purposes of this clause:
“Claim” means any claim, allegation, debt, cause of action, liability, proceeding, suit or demand of any nature and whether present or future, actual or contingent, fixed or unascertained and arising at law, in equity, under statute or otherwise.
“Liabilities” mean any and all liabilities, debts or obligations, whether actual or contingent, present or future, quantified or unquantified or incurred jointly or severally with any other person.
- GST
Unless otherwise stated, all amounts payable by the Customer are [inclusive] of GST.
The Customer agrees to pay GST in respect of any goods or services that the Provider supplies to the Customer and or are supplied to the Customer on behalf of the Provider.
- Insurance
The Customer must obtain comprehensive travel and medical insurance including (but not limited to) cover for medical expenses, evacuation charges, trip cancellation and force majeure events. Guests are welcome to use our paddle boards and kayaks, but please note they are used at your own risk. We recommend bringing and wearing life jackets if you require them, staying within safe waters and being mindful of weather conditions. Always let someone know your plans before you head out.
- Force Majeure Event
If any Force Majeure Event results in Dirk Hartog Island Pty Ltd being prevented from, or delayed in, performing any of its obligations to the Customer:
- then such a delay or prevention of performance shall not be deemed to be a breach of contract or these T&C’s.
- no loss or damage shall be claimed by the Customer from the Provider by reason thereof; and
- Dirk Hartog Island Pty Ltd shall use its best endeavours to minimise and reduce any period of restriction or interference occasioned by the Force Majeure Event.
In the event of a Force Majeure Event, the Provider, in its absolute discretion may:
- substitute different or equivalent Accommodation.
- postpone, cancel or delay (either in relation to the departure or arrival dates) any aspect of the Booking if in the absolute discretion of the Provider it is necessary to do so.
- offer a transfer of the Booking, or part thereof, to an alternative date within 24 months (or such longer period as is reasonable and determined by the Provider in the circumstances), which transfer option is subject to availability.
- offer a credit, to the value of any monies paid, which credit will be valid for 24 months from the issue date (or such other longer period as determined by the Provider in its absolute discretion), provided that:
- any additional costs payable on the new booking will be payable by the Customer in full.
- additional costs may apply for the Accommodation in future seasons.
- credit terms and conditions are final.
- credits are not able to be extended beyond their expiry date; and
- the credit, or any balance on a partially used credit, is not redeemable for cash.
- Personal Information
The Customer’s personal information may be used by Dirk Hartog Island Pty Ltd and may be disclosed to Dirk Hartog Island Pty Ltd.’s Representatives, agents, service providers, suppliers or other third parties for any purpose associated with the Booking. Any use or disclosure of the Customer’s personal information by Dirk Hartog Island Pty Ltd will be in accordance with the Privacy Act 1988.
The Customer acknowledges that photos or video of the Customer may be taken by Dirk Hartog Island Pty Ltd or its Representatives. These images may be used in any promotional materials, website, all social media platforms (i.e. Instagram), etc., unless the Customer specifically requests in writing Dirk Hartog Island Pty Ltd to not use the Customer’s image. Otherwise, Dirk Hartog Island Pty Ltd is granted a perpetual, royalty-free, worldwide, irrevocable licence by the Customer to use such images for publicity and promotional purposes.
- Severance
If any part of the T&C is wholly or partly invalid, unenforceable, illegal, void or voidable, the T&C must be construed as if that provision or part of a provision had been severed from the T&C and the parties remain bound by all the provisions and part provisions remaining after severance.
- Governing laws
The T&C are governed by and shall be construed in accordance with the laws of the State of Western Australia.
The parties irrevocably:
- submit to the exclusive jurisdiction of the Courts of Western Australia and the Courts competent to determine appeals from those Courts:
- for determination of any dispute claim or demand; or
- with respect to any proceedings which may be brought at any time relating to these T&C,
- waives any objection it may now or in the future have to the venue of any proceedings, and any claim it may now or in the future have that any proceedings have been brought in an inconvenient forum.
Terms and Conditions - Camping
- General
These Terms and Conditions (“T&C”) apply to the Booking made by the Customer with Dirk Hartog Island Pty Ltd.
By making a Booking (directly or through a third party), the Customer agrees to these Terms and Conditions for themselves and for all persons included in the Booking and each such person shall be jointly and severally bound by these T&C’s.
- Definitions
“Camping” means all camping made available by Dirk Hartog Island Pty Ltd.
“Authority” means: a government or government department or other body;
a governmental, semi-governmental or judicial person, including a statutory corporation; or a person (whether autonomous or not) who is charged with the administration of a law.
“Booking” means the act of booking the Experience.
“Cancellation Fee” means: such portion of the Cost as referred to in clause 4; or such other amount as stipulated by Dirk Hartog Island Pty Ltd from time to time.
“Customer” “You” or “Your” means the person making the Booking (and includes all persons included in the Booking).
“Force Majeure Event” means any occurrence or non–occurrence as a direct or indirect result of which a party is prevented from or delayed in performing any of its obligations and that is beyond the reasonable control of that party, including:
forces of nature (including fire, earthquake, storm, flood or other casualty or accident);
war, civil strife or other violence; industrial action, or any action or inaction by an Authority; any law, order, proclamation, regulation, ordinance, action, demand or requirement of any Authority; and epidemic or pandemic to the extent that restrictions (including lockdown and quarantine restrictions) are imposed by any Authority.
“Goods” means all property, equipment of any nature, chattels, fixtures and fittings, and goods of any description.
“including” is deemed to be followed by the words “without limitation”.
“Provider” “We” “Us” or “Our” means [Dirk Hartog Island Pty Ltd], its Representatives and assigns.
“Rate” means the total amount payable to Dirk Hartog Island Pty Ltd by the Customer for the Booking.
“Representatives” means the agents, directors, officers, contractors, volunteers or employees of Dirk Hartog Island Pty Ltd
“Security Bond” means any amount requested by Dirk Hartog Island Pty Ltd in addition to or inclusive of the Rate (to cover such things as breakages, damages, cleaning and like charges).
“Waiver” means the Waiver, Release, Discharge and Indemnity published by Dirk Hartog Island Pty Ltd and accepted by the Customer at the time of making the Booking.
- Bookings
All Bookings are subject to availability.
Dirk Hartog Island Pty Ltd reserves the right to decline any Bookings or requests at its absolute discretion.
Unless otherwise determined by Dirk Hartog Island Pty Ltd prior to or at the time of Booking, the following provisions apply:
- A 40% non-refundable deposit is required to be paid at the time of Booking.
- All bookings are to be paid in full 60 days prior to arrival date.
- A list identifying all persons using the campgrounds is to be provided 60 days prior to arrival.
- Check in is 10:00am
- Check out is 09:00am
Specials / Packages:
Dirk Hartog Island Pty Ltd reserves the right to promote / offer the camping on terms and conditions different to the T&C (including as to cost, payment terms and Cancellation Fee) at its discretion and for each Booking therein made those terms and conditions shall prevail over the T&C with respect to any inconsistency.
Dirk Hartog Island Pty Ltd reserves the right to request payment of a Security Bond by the Customer, at any time.
Failure by the Customer to make payment as required in accordance with the T&C, or as otherwise requested by Dirk Hartog Island Pty Ltd, may result in the Booking being cancelled and Dirk Hartog Island Pty Ltd making available the camping, or any part thereof, to other persons.
If the Customer makes payment by way of credit card, the Customer warrants that the information provided to Dirk Hartog Island Pty Ltd is true and complete, that the Customer is authorised to use the credit card to make payment and that the Customer’s payment will be honoured by the credit card issuer.
Any items or services not included in the Booking are the sole responsibility and cost of the Customer.
- Cancellation
All cancellations must be in writing and sent to stay@dirkhartogisland.com.au
It is the Customer’s responsibility to ensure Dirk Hartog Island has received notice of any cancellation of the Booking.
Subject to these T&C’s, where the Customer cancels the Booking:
– The 40% non-refundable deposit / Cancellation Fee shall be deducted from any monies paid and retained by the Provider.
Cancellation requests:
– [60] days or less prior to the commencement of the Activity (including on the day of the Activity and no shows), all monies paid by the Customer will be forfeited.
– [61] days or more prior to the commencement of the activity, 40% deposit will be forfeited, all other monies refunded.
– Where the Booking is cancelled in accordance with clauses above, Dirk Hartog Island Pty Ltd shall have the right to re-book the camping, or any part thereof.
- Rates
Rates are in AUD and inclusive of GST.
Rates are subject to change. Dirk Hartog Island Pty Ltd reserves the right to change the Rate without notice provided that the Rate will not be varied for Bookings that have been paid in full.
Adults are 17 years and older.
Children are 3 – 16 years.
Infants are 0 – 35 months.
- Property in Goods
All Goods supplied by Dirk Hartog Island Pty Ltd remain the property of Dirk Hartog Island Pty Ltd.
The Customer shall not alter, change, replace or otherwise interfere with any Goods on the Island.
Dirk Hartog Island Pty Ltd takes no responsibility for the suitability of the Goods for the Customer’s specific requirements, and it is the Customer’s responsibility to ensure that all Goods are suitable for the Customer’s specific needs.
Any damage to Goods is the Customer’s liability The Customer will be responsible for any costs / repairs required to damaged Goods.
The Customer shall ensure that any Goods are not damaged or destroyed and shall return all Goods in the same condition as provided, fair wear and tear excluded. The Customer will pay the cost of any damage to or cleaning of the campgrounds, which occurred during the Booking period, and any reasonable expenses incurred by Dirk Hartog Island Pty Ltd because of such damage, cleaning and or loss to be determined by Dirk Hartog Island Pty Ltd at its absolute discretion.
Dirk Hartog Island Pty Ltd has the right to inspect the campgrounds at any time.
A Cleaning Fee of $500.00 may be charged if the campgrounds are left in an unsatisfactory state. This is at the discretion of the manager.
We ask that you help keep our island pristine by properly disposing of cigarette butts and fish frames. Let’s work together to protect this beautiful environment for everyone to enjoy.
Dirk Hartog Island Pty Ltd reserves the right to use any Security Bond where relevant to cover the cost of any breakages, damage to or cleaning of the campgrounds, and any reasonable expenses incurred Dirk Hartog Island Pty Ltd because of such damage, cleaning and or loss.
- Behaviour Policy
Anti-social behaviour and intoxication or creating a disturbance to other customers and or Representatives will not be tolerated and may result in immediate termination of the Booking and expulsion from the campgrounds.
Where the Booking is terminated pursuant to this clause, the Customer shall forfeit all monies paid to Dirk Hartog Island Pty Ltd.
- Customer’s Warranties
The Customer warrants that:
- the Customer has and will comply with all applicable laws
- the Customer has and will comply with all lawful directions of Dirk Hartog Island Pty Ltd; the Customer has not relied on any representations or warranties that may have been made by Dirk Hartog Island Pty Ltd or its Representatives; and
- the Customer will report all hazards immediately to Dirk Hartog Island Pty Ltd.
- Termination
Dirk Hartog Island Pty Ltd may terminate the Booking and expel the Customer from the campgrounds immediately if there has been a breach of the T&C’s.
Any termination of the Booking in accordance with this provision will result in all monies paid by the Customer to Dirk Hartog Island Pty Ltd being forfeited by the Customer and retained by Dirk Hartog Island Pty Ltd
The accrued rights, obligations and remedies of Dirk Hartog Island Pty Ltd are not affected by the termination of the T&C.
- Liability and Waiver
To the maximum extent permitted by law, the Customer releases, waives, discharges and indemnifies Dirk Hartog Island Pty Ltd and their Representatives from any and all Claims and Liabilities which may be made by the Customer, or on the Customer’s behalf, for loss, in any way arising out of or related to the campgrounds or the T&C, including but not limited to property loss or damage, bodily injury or death.
Dirk Hartog Island Pty Ltd and their Representatives shall not in any event be liable for contingent, consequential, indirect, special, and punitive or any other similar damages, howsoever caused, for any damage, injury or loss, arising out of or in connection with the campgrounds or the T&C, whether arising under breach of contract, negligence (commission, omission or advice), statute or otherwise.
To the maximum extent permitted by law, the total liability of Dirk Hartog Island Pty Ltd and their Representatives arising out of, or in connection with the campgrounds or the T&C is limited to the total value of the Rate.
This clause:
- applies notwithstanding that any such claim, action or loss may come about, either wholly or in part, due to the negligence of or breach of a contractual term by Dirk Hartog Island Pty Ltd.
- is intended to be as broad and inclusive as is permitted by law; and
- does not exclude, restrict or modify the application of the Competition and Consumer Act 2010, as amended from time to time.
For the purposes of this clause:
“Claim” means any claim, allegation, debt, cause of action, liability, proceeding, suit or demand of any nature and whether present or future, actual or contingent, fixed or unascertained and arising at law, in equity, under statute or otherwise.
“Liabilities” mean any and all liabilities, debts or obligations, whether actual or contingent, present or future, quantified or unquantified or incurred jointly or severally with any other person.
- GST
Unless otherwise stated, all amounts payable by the Customer are [inclusive] of GST.
The Customer agrees to pay GST in respect of any goods or services that the Provider supplies to the Customer and or are supplied to the Customer on behalf of the Provider.
- Insurance
If you have mobility or health concerns, please inform Dirk Hartog Island reservations at the time of booking. The Customer must obtain comprehensive travel and medical insurance including (but not limited to) cover for medical expenses, evacuation charges, trip cancellation and force majeure events.
Guests are welcome to use our paddle boards and kayaks, but please note they are used at your own risk. We recommend bringing and wearing life jackets if you require them, staying within safe waters and being mindful of weather conditions. Always let someone know your plans before you head out.
- Force Majeure Event
If any Force Majeure Event results in Dirk Hartog Island Pty Ltd being prevented from, or delayed in, performing any of its obligations to the Customer:
- then such a delay or prevention of performance shall not be deemed to be a breach of contract or these T&C’s.
- no loss or damage shall be claimed by the Customer from the Provider by reason thereof; and
- Dirk Hartog Island Pty Ltd shall use its best endeavours to minimise and reduce any period of restriction or interference occasioned by the Force Majeure Event.
In the event of a Force Majeure Event, the Provider, in its absolute discretion may:
- substitute different campgrounds subject to availability.
- postpone, cancel or delay (either in relation to the departure or arrival dates) any aspect of the Booking if in the absolute discretion of the Provider it is necessary to do so.
- offer a transfer of the Booking, or part thereof, to an alternative date within 24 months (or such longer period as is reasonable and determined by the Provider in the circumstances), which transfer option is subject to availability.
- offer a credit, to the value of any monies paid, which credit will be valid for 24 months from the issue date (or such other longer period as determined by the Provider in its absolute discretion), provided that:
- any additional costs payable on the new booking will be payable by the Customer in full.
- additional costs may apply for the campgrounds in future seasons.
- credit terms and conditions are final.
- credits are not able to be extended beyond their expiry date; and
- the credit, or any balance on a partially used credit, is not redeemable for cash.
- Personal Information
The Customer’s personal information may be used by Dirk Hartog Island Pty Ltd and may be disclosed to Dirk Hartog Island Pty Ltd.’s Representatives, agents, service providers, suppliers or other third parties for any purpose associated with the Booking. Any use or disclosure of the Customer’s personal information by Dirk Hartog Island Pty Ltd will be in accordance with the Privacy Act 1988.
The Customer acknowledges that photos or video of the Customer may be taken by Dirk Hartog Island Pty Ltd or its Representatives. These images may be used in any promotional materials, website, all social media platforms (i.e. Instagram), etc., unless the Customer specifically requests in writing Dirk Hartog Island Pty Ltd to not use the Customer’s image. Otherwise, Dirk Hartog Island Pty Ltd is granted a perpetual, royalty-free, worldwide, irrevocable licence by the Customer to use such images for publicity and promotional purposes.
- Severance
If any part of the T&C is wholly or partly invalid, unenforceable, illegal, void or voidable, the T&C must be construed as if that provision or part of a provision had been severed from the T&C and the parties remain bound by all the provisions and part provisions remaining after severance.
- Governing laws
The T&C are governed by and shall be construed in accordance with the laws of the State of Western Australia.
The parties irrevocably:
- submit to the exclusive jurisdiction of the Courts of Western Australia and the Courts competent to determine appeals from those Courts:
- for determination of any dispute claim or demand; or
- with respect to any proceedings which may be brought at any time relating to these T&C,
- waives any objection it may now or in the future have to the venue of any proceedings, and any claim it may now or in the future have that any proceedings have been brought in an inconvenient forum.
Terms and Conditions - DHI Spirits PTY LTD
Effective Date: 2nd December 2024
Welcome to DHI Spirits Pty Ltds website (referred to as “we,” “our,” or “us”). By using our site and purchasing Dirk Hartog Island Gin, you agree to be bound by these Terms and Conditions. If you disagree with any part of these terms, please do not proceed with the purchase.
1. Age Requirement
1.1. To purchase DHI Spirits Pty Ltd Gin, you must be at least 18 years old.
1.2. By placing an order, you confirm that you are of legal drinking age in your country, state, or territory.
2. License and Authorisation
Licence number : 6092116615921
Class of licence : Special Facility License
Name of the licensee : Special Facility Licence
Address of and telephone number for the licensed premises : Lot 62 Dirk Hartog Island DENHAM WA 6537
Following notice;
Warning – Under the Liquor Control Act 1988, it is an offence: to sell or supply liquor to a person under the age of 18 years on licensed or regulated premises; or for a person under the age of 18 years to purchase, or attempt to purchase, liquor on licensed or regulated premises.
2.1. DHI Spirits Pty Ltd operates under a valid liquor license in accordance with the laws of Western Australia.
2.2. It is our legal obligation to verify the age of customers purchasing alcoholic products through this website.
3. Sale and Delivery of Alcoholic Products
3.1. DHI Spirits Pty Ltd Gin is sold only to individuals who are legally allowed to purchase and consume alcohol.3.2. All deliveries of alcohol are conducted in compliance with Western Australian laws and regulations.3.3. We do not ship alcohol to regions, countries, or states where alcohol delivery is prohibited. It is the buyer’s responsibility to ensure compliance with local laws.
4. Orders and Payment
4.1. All prices are listed in Australian Dollars (AUD) and include all applicable taxes.
4.2. Payments must be completed using the methods listed on our website.
4.3. Orders are subject to availability and may be cancelled or adjusted if stock levels change.
4.4. Once an order is placed, you will receive an email confirmation.
4.5. Orders cannot be cancelled once shipped. However, you may contact us if an order has been processed incorrectly.
5. Shipping and Delivery
5.1. Shipping costs are calculated based on destination, quantity, and delivery options.
5.2. We aim to deliver within the specified time frame, but delivery times may vary due to external factors beyond our control.
5.3. All alcohol deliveries must be signed for by an adult of legal drinking age. If no eligible person is present, delivery may be re-attempted, and additional fees may apply.
5.4. Customers are responsible for any import duties or taxes required by their country’s customs laws.
6. Returns and Refunds – Please see Refunds and Returns Policy
7. Responsible Consumption
7.1. DHI Spirits Pty Ltd encourages responsible alcohol consumption.
7.2. We are committed to the responsible marketing of our gin and will not sell or deliver to individuals visibly intoxicated or under the legal drinking age.
8. Personal Information and Privacy
8.1. Your personal information is collected in accordance with our Privacy Policy.
8.2. We collect necessary data to process orders, including your name, address, email, and payment information.
8.3. By providing your personal information, you agree to allow DHI Spirits Pty Ltd to process and store it for purposes of fulfilling your order and for future correspondence.
9. Disclaimer of Liability
9.1. DHI Spirits Pty Ltd is not liable for any indirect, incidental, or consequential damages from the purchase or consumption of our gin.
9.2. You assume all risk and responsibility for the consumption of alcoholic products, including DHI Spirits Pty Ltd Gin.
9.3. We are not responsible for any breach of laws or regulations specific to your region regarding the sale, purchase, or importation of alcohol.
10. Changes to These Terms and Conditions
10.1. We reserve the right to update or modify these Terms and Conditions at any time. Changes will be effective upon posting on this page.
10.2. Continued use of our website and services constitutes acceptance of the updated terms.
11. Contact Us
If you have any questions about these Terms and Conditions or your order, please contact us at:
DHI Spirits Pty Ltd
Email: admin@dhispirits.com
Phone: +61 8 99481 211
Last Updated: 2nd December 2024
Terms and Conditions - ISLAND LIFE ADVENTURES PTY LTD
YOUR PURCHASE GUARANTEES YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS AND AGREE TO COMPLY WITH ALL SAID TERMS AND CONDITIONS OF “ISLAND LIFE ADVENTURES PTY LTD” AND /OR IN CONJUNCTION WITH “DIRK HARTOG ISLAND PTY LTD.”
BOOKINGS – A DAY AT DIRK
A 20% non-refundable deposit is required to reserve a seat on all tours.
Full payment is required 14 days prior to departure date.
Bookings are essential.
TOUR DETAILS – A DAY AT DIRK
The Adventure boat departs from Denham Commercial Jetty at 08:30am sharp. Check in is 8:15am. Please have your booking confirmation ready at check in. A Day at Dirk Tour includes lunch, barista coffee or herbal tea, guided tour of shearing shed, a 2.5 hr Surf Point and Blowholes 4WD Tour, one Signature Island Gin & Tonic and the use of kayaks and SUP boards. Return transfer back to Denham at 4pm.
If you have specific dietary allergies, Island Life Adventures must be notified 48 hours prior to the commencement of the tour via email to info@islandlifeadventures.com.au
BOOKINGS – A TASTE OF DIRK
Full payment is required at time of booking
Bookings are essential
TOUR DETAILS – A TASTE OF DIRK
The Adventure boat departs from Denham Commercial Jetty at 12:30pm sharp. Check in is 12:15pm.
Please have your booking confirmation ready at check in. A Taste of Dirk includes a boat cruise, a guided tour of the old shearing shed, a taste of Shark Bay seafood and a gin tasting from Dirk Hartog Island Distilleries. Return transfer back to Denham at 4pm.
If you have specific dietary allergies, Island Life Adventures must be notified 48 hours prior to the commencement of the tour via email to info@islandlifeadventures.com.au
REFUNDS / CANCELLATIONS – GUEST
For bookings cancelled less than 3 days prior to departure or no shows, there are strictly no refunds.
For bookings cancelled between 3 and 30 days prior to departure, Island Life Adventures Pty Ltd will refund 50% of the amounts paid.
For bookings cancelled more than 30 days prior to departure, Island Life Adventures Pty Ltd will refund amounts paid less the non-refundable 20% deposit.
Cancellation fees will be deducted from the credit card held on file.
For bookings whereby a guest has chosen to leave the tour after it has started, there are strictly no refunds.
All cancellations requests must be in writing to info@islandlifeadventures.com.au and the cancellation date is the date written notice is received by Island Life Adventures Pty Ltd.
REFUNDS / CANCELLATIONS – ISLAND LIFE ADVENTURES PTY LTD
Island Life Adventures Pty Ltd reserve the right to vary or cancel any tour at any time due to weather conditions, road closures, breakdowns, insufficient numbers, or any reason deemed necessary to ensure the tour is completed safely. A minimum of 6 guests are required for tour to be confirmed.
In such instances of cancellation, Island Life Adventures Pty Ltd will email the customer with regards to a choice of:
- A credit to be used towards another trip date of choice.
- A full refund including deposit.
Please note that Island Life Adventures Pty Ltd is not liable for any additional costs guests may incur because of this, so ensure you are adequately covered with Travel Insurance.
For bookings where full payment has not been received at least 14 days prior to the tour, Island Life Adventures reserves the right to cancel the booking without notice and retain any deposit paid.
CUSTOMER RESPONSIBILITY
The customer is to supply to Island Life Adventures Pty Ltd with a valid email address or Australian phone contact number, so that Island Life Adventures Pty Ltd can contact the customer in the event Island Life Adventures Pty Ltd cancels/postpones a tour for weather, or any other reason. In these instances, Island Life Adventures Pty Ltd will email the customer regarding options.
You agree that you have provided a valid email address and Australian phone contact. You agree to advise Island Life Adventures Pty Ltd of any specific dietary allergies 48 hours (min) prior to the commencement of tour.
Customers are to arrive and be ready for check in 15 mins (minimum) prior to tour, any no shows will result in ticket/s being voided – no exceptions.
Island Life Adventures Pty Ltd strongly recommends customers obtain full comprehensive travel insurance so they are adequately covered in the event of personal accidents or injury, medical expenses, emergency repatriation and personal liability.
LIABILITY AGREEMENT
Island Life Adventures Pty Ltd’s number 1 priority is our customers safety and comfort and as such take measures to ensure the same, however there is risk in all water based tours and by purchasing your ticket you agree and accept that any/all liability is solely yours and you indemnify Island Life Adventures Pty Ltd, it’s officers, employees, contractors & crew from any/all litigation whether by you or anyone acting on your behalf for whatever reason deemed to be accidental or negligent. This includes but is not limited to death, injury or loss/ damage to any property owned or possessed by you. You agree to abide by agents or other operators that facilitate tours for Island Life Adventures Pty Ltd terms and conditions and indemnify them from any/all liability. You also agree that these terms & conditions are governed by Australian Law.
VESSELS
100% Wild is the main vessel Island Life Adventures Pty Ltd utilises to conduct it’s tours however Island Life Adventures Pty Ltd can use any vessel at any time for any reason to conduct the tours. Island Life Adventures Pty Ltd can refuse entry to anyone deemed unfit by the Captain for whatever reason to protect the safety of the vessel and other customers.
AGES
Adult: 17 years and older
Child: 3 – 16 years
Infant: 0 – 35 months
CONCESSION/PENSIONERS/SENIORS
Senior and concession cards, including full time student concession cards should be presented at check in.
SUGGESTED PREPARATION FOR TOUR
It is suggested you bring your booking confirmation (printed or on mobile phone), water bottle, warm jacket, hat, footwear, camera, sunscreen, bathers and towel. Please be sure to arrive a minimum of 20 minutes prior to departure. Check in commences 15 mins prior and gate is shut 5 mins prior to departure.
HEALTH
If you have mobility or health concerns you must inform us when booking. Passengers must follow the directions of our staff & crew before, during and after the tour. If you are accompanied by children, you are responsible for their safety at all times.
If you have specific dietary allergies, Island Life Adventures Pty Ltd must be notified 48 hours prior to the commencement of the tour via email to info@islandlifeadventures.com.au
There is no disability access aboard the 100% Wild, at either departure point, Denham Commercial Jetty or at Homestead Bay, Dirk Hartog Island.
Please be sure to contact your Chemist prior to travel if you have any issue with motion sickness.
PHOTOGRAPHY
Island Life Adventures Pty Ltd reserves the right to take photographs and video footage during the tour that may include passengers and to use these photographs and video images for the purpose of advertising and promoting our tours in all media in perpetuity and without payment to the passenger/s. Your ticket confirms you allow that Island Life Adventures Pty Ltd has the right to reproduce, copy or use all photography and video taken onboard it’s vessel/s regardless of person/s taking the photo/video. You agree that all photos taken by yourself cannot be used in promotional or advertising without Island Life Adventures Pty Ltd written consent.
TICKETING TRANSACTIONS
All our prices are in Australian Dollars (AUD) and include GST (Goods and Services Tax). All credit card transactions are processed in Australian Dollars (AUD).
PRIVACY POLICY FOR ONLINE BOOKINGS
Island Life Adventures Pty Ltd is dedicated to keeping your details private. Any information we collect in relation to you is kept strictly secured. We do not pass on, sell or swap any of your personal details with anyone. We use this information to identify your booking.
