Once you have paid for your tour, be it a deposit or the full balance. Smile Kitesurf (Smile) understands that you have read and accepted the terms and conditions below. Please ensure that you understand all sections below. Contact us if you have any questions.

• All tour prices are subject to change until they are paid for in full.

Deposit and Payment Schedule

• A $1000 non-refundable deposit and completed Health and Safety waiver is required when making a booking. By making a deposit to Smile, the customer has accepted Smile’s Tour Terms and Conditions.

• The full balance of the tour price is due 3 months/90 days (whichever is greater) prior to departure and is the passengers responsibility.

• All prices on Smile’s website are quoted in Australian dollars.

• Payment to Smile is required in Australian dollars to Smile’s nominated account below:

  Commonwealth bank

  BSB: 064 - 803

  Account: 1037 - 5292

• Other options are Credit card (Mastercard or Visa). Unfortunately Credit card payments incur a surcharge. This surcharge is a non refundable 1.75% for domestic cards and 2.9% for international cards.

• If you would like to pay via payment plan – please get in touch with us.

• If you fail to make a payment on time, one of our team members will get in touch with you to discuss whether the trip is right for you or if you can no longer participate. You will lose you deposit of $1000.

• If this falls 90 days before the commencement of the trip, you will lose all funds paid to Smile.

General Conditions

• Smile’s holidays, tours & services are for kitesurfing, wingfoiling, freediving, SUPing, touring, whale watching, close encounters with wildlife, snorkeling, relaxing & learning new skills.

• Once your deposit has been paid, you accept that the information that was supplied to you at the time of booking is subject to change. If Smiles tours aren’t quite what you were expecting you will not hold Smile or its affiliates responsible. You also agree that no refund will be given either during or after the tour has commenced.

• You are responsible for assessing whether Smile’s tours are right for you. Please ensure that you have undertaken adequate research before making booking. Each page for each location has some limited bonus information so you can learn as much as you can about the epic places we take you. Or just contact us to ask any question!

• While on tour, customers driving any vehicles motorised or non-motorised, will be fully accountable for their actions in the event of accident or illegal behaviour.

• By participating in one of Smile’s tours, the participant accepts full responsibility for any damage they cause to any third parties be it by accident, negligence or bad luck. This includes but is not limited to other participants, members of the public, property/equipment or native holdings.

• Smile accepts no responsibility or liability for the actions of participants.

Cancellation Policy

• Any credits given by Smile in the case of a cancellation will be valid for 3 years.

• Smile may cancel a booking where payments have not been received by the due date. In this case the full deposit will be lost along with any other costs incurred.

• If one or more wish to cancel from a group booking it is the responsibility of those within that group to sort out payments and deposits.

• Smile may cancel a tour due to insufficient numbers.

  • If a tour is cancelled due to insufficient numbers Smile will endeavour to find an alternative tour in the same location. If this is unsuccessful, the deposit/balance will be fully refunded minus any fees that are incurred to Smile as part of the booking process.

  • In the case of cancellation or changed tour, Smile will not be responsible to costs incurred to the customer.

  • If there is a delay in Smile’s ability to provide a tour due to any force majeure event, the customer will not hold Smile liable.

  • A force majeure by definition is an event outside the reasonable control of Smile kitesurf.

  • Force majeure event includes but is not limited to any act of God, fire, perils of the sea, harbours, rivers or other navigable waters, inclement weather, cyclones, act of government or ruling authority, change to Laws, epidemics, strikes, civil commotion, war, hostilities, riots, strikes, labour stoppages, acts of terrorism, accident, collision, stranding, theft, barratry, or any other crime, lockouts, faults or errors of navigation or management of the occupied vessel or any other vessel, seizure of a vessel under legal process, compliance with a government or other authority requirement, discontinuance or shortage of any goods required to provide the services, fuel shortages or abrupt and unexpected increase in fuel costs, or problems or delays with services or personnel required to supply the services.

  • Any changes to flights or accommodation due to tour changes are not covered by Smile. Costs incurred to the customer are the customers responsibility.

• If the customer wishes to make any cancellations they must inform Smile via email.

• Any cancellations must be made in writing to Smile.

  The following cancellation fees will apply based on the notification date:

  • 3 months or more before the departure date the cancellation fee is equivalent to your $1000 deposit. We suggest you find somebody else to take your place on the tour and collect payment from them to not incur any loses.

  • Less than 3 months before the departure date the cancellation fee is the equivalent of the full price of the tour or if you are on a payment plan all payments received so far. We suggest you find somebody to take your place on the tour. Collecting payment from them is the customers responsibility.

  • If Smile is able to find somebody to take your place you will receive a full refund minus the non refundable $1000 deposit.

• Failure to arrive on time at the agreed location when the tour begins will be considered a cancellation by the passenger. In this case they will forfeit the full tour price.

• Customers are able to change from one tour to another during the same period. There will be a penalty of the $1000 deposit if the spot you changed from can not be filled.

• Changes to booking details incur a $200 administration fee at the discretion of Smile.

Insurance for trip cancellation, medical and interruption

• Smile requests that it’s customers purchase tour cancellation, medical, and interruption insurance to help protect them from any financial loss that would be incurred to them having to cancel or leave while on tour. Try and get an insurance that covers luggage, personal effects, on refundable deposits, flights, balances, emergencies, rescue evacuations by air, sea and land, delays and medical expenses.

• Smile cannot recommend you an insurance company that is up to you to find and research.

Customers Health and responsibility

• It is the responsibility of the customer to ensure they are medically fit for their chosen tour. Each customer is sent a Health and Safety waiver before each tour.

• Smile encourages customers to consult their doctor to ensure that they have the appropriate level of fitness before booking one of our tours or lessons.

• It is the responsibility of the customer to ensure they are medically fit to undertake one of Smiles tours.

• If a customer suffers any illness or injury during the tour it is their responsibility to inform us at your earliest opportunity so that we may assist you and prevent a similar injury happening to other participants or provide the appropriate care. If a customer witnesses somebody else on tour who suffers an injury or illness please let one of our staff members know.

• If you suffer any illness or injuries during the tour, Smile will attempt to arrange medical treatment or emergency evacuation services for you at your cost and contact your nominated emergency contact if necessary.

• Smile will not be held responsible for any associated expenses or suffering in the event of an accident. The operators & any partner tour operators of Smile will exercise reasonable care and skill in an endeavour to provide the safest possible environment for customers. There may be dangers that are unavoidable and out of the control of operators reef, shallow, water, improper technique of the client etc.

• We emphasise it is imperative that all directions and instructions provided by Smile, their employees, contractors & partner tour operators be complied with. You accept and understand it is for your own safety and the safety of others that these rules are in place and are to be followed.

• By making payment you are accepting the conditions set out in these Terms and Conditions, you agree to indemnify the operators and each of them in the following manners. You indemnify and hold harmless the landowners, the operators, their respective employees, servants and agents, against any actions or claims which may be made by you or on your behalf for or by other parties, for or in respect of or arising out of your death or any injury, loss or damage caused to you or your equipment whether caused by negligence, breach of contract or in any other manner whatsoever.

• The activities that we offer are considered high risk and can be dangerous if performed incorrectly or without due care by the participant.

• Participants attending any of Smile’s tours do so entirely at their own risk. The operator’s liability ceases once partaking in any activities offered by Smile or it’s partners such as freediving, surfing, paddle boarding and kitesurfing on land or in the water.

• The Smile team & partner operators will endeavour to find the most suitable locations. There will be various means of transport and attending any of the daily activities or going to any locations is totally voluntary. No refunds or compensations will be given if you chose not to attend pre-paid social events or social activities as part of Smile’s tours.

• Smile reserves the right to require a customer to produce a Doctor’s certificate to ensure they are physically fit to undertake any tours.

• Smile may refuse participation to a customer who has failed to give proper notice of any physical disability, illness or handicap that requires special care, attention, or treatment.

• Smile may refuse participation to a customer who in Smile’s or their affiliates opinion is physically or mentally unfit to partake in the activity.

• In such event the tour costs will be refunded at the sole discretion of Smile and their affiliates. Smile shall deduct any expenses associated due to the cancellation because of the client’s failure to disclose the correct information.

• The Customer agrees that they will obey the rules of the tours as notified by Smile, their affiliates or law.

• Smile may refuse to include and remove any customer at at any time, due to illness, disease, injury, mental problems, vulgar or improper conduct, abuse of alcohol or drugs, refusal to obey regulations, or whose presence in the opinion of the tour/trip operator may be detrimental to the comfort or safety of other customers or crew. Smile shall not be liable for any expenses incurred in declining to involve a customer or for the involuntary removal of a client.

• Any charges incurred by customers for medical reasons (for example physicians, surgeons, hospitals, accommodation, medication, air or ground ambulance evacuation) will be the sole responsibility of the customer.

• Smoking is only permitted in designated smoking area.

• Customers agree to Smile’s ‘No dick head on tour Policy’. This simply states that if you are a dickhead you will refrain from booking.

Limitation of liability

• Smile and affiliates shall not be liable for any liability, death, or delay of, or injury to, any passenger or loss or damage or delay to luggage, personal effects, or other property, arising before during or after a tour.

• The customer accepts that Smile is not liable in the event of loss, damage or delay to a customers luggage or property taken on tour. This includes but is not limited to money, jewellery, documents, and any other valuables which passengers keep on their persons, in their cabins or in their luggage.

• Some tours prohibit passengers from bringing supplies of liquor with them this will be explained in each tours guidelines. Customers are requested to not participate in water sports activities until the effects of alcohol have subsided. Generally 1 hour per 1 standard drink.

• Any modification or alteration of the terms in these conditions are binding unless made in writing and duly executed by Smile and the customer.

Paying with Foreign currency

• Tours organised or booked for/from outside of Australia are based on the current exchange rate from the time of development. Should this exchange rate change drastically, additional payments or a reduced rates may apply. Notification will be sent 3 months prior or with the final payment request.

HIRE/DEMO EQUIPMENT

• Smile has equipment available for hire or demo under the following conditions.

• All Equipment hired from Smile is maintained at a high level and is safe and suitable for the specified conditions before hiring. All equipment must be returned in good working order. If the equipment is lost, returned damaged or with parts or safety equipment missing, the hirer will be charged for repairs or replacement at the rate of which Smile decides is fair and reasonable at the time.

• A security deposit of some kind i.e. driver’s license or a credit card may be required to hire Smile’s equipment. Lost items such as towels, keys, bikes etc. or any breakages in a customers accommodation or to vehicles (excluding normal wear and tear), or to any other property, will be paid for by the offending guest/s at replacement costs plus freight/postage costs.

  By progressing with a booking and paying your deposit or full price you and any others you are making a booking on behalf of have accepted these conditions stated above.

Please ensure you fill out the Health and Safety waiver before arriving for your experience.