Terms & Conditions
These Terms & Conditions govern the purchase from Sea World Helicopters Pty Ltd ABN 63 055 890 054 (SWH) of the named products and the use of the Sea World Helicopters website (“the Website”) and are governed by the laws of Queensland.
CURRENT PRODUCT INFORMATION
Helicopter Tours/ Charter Tours
Flights quoted are charters subject to aircraft availability, weather conditions and air traffic control. All flights are covered by airline passenger seat insurance. We require a minimum number of 6 passengers per flight, however, if you have only 1 or 2 passengers, we’ll match you up with another group. Tours and prices are subject to change without notice. Flight routes are constant, flight times are approximate only and may vary according to helicopter type, number of passengers and/or weather conditions.
Passengers’ weights are to be supplied upon booking, a weight variance of more than 10% may incur full cancellation on the spot with no refund.
Comfort Seat Charge
In the situation where a passenger is over 110kgs but below 125kgs our staff have discretion to enact the Comfort Seat Charge dependant on the passenger mix of the flight. Where a passenger is over 125kgs the charge is mandatory. When the Comfort Seat Charge is enacted a spare seat will be allocated next to the passenger. This seat charge will be at 50% of the regular retail seat price.
Accurate passenger weights are critical for the safe operation of helicopters, please ensure that any supplied passengers’ weights are as accurate as possible. Sea World Helicopters are required by law to measure the weights of all passengers and any cargo that are transported on our helicopters before flight and mismatches between supplied and actual weights can lead to significant delays or non-refundable cancellations in some circumstances.
Front Seat Pasengers
Total of 160 kilgorams – maximum or less. Guests 2 -13 years must be seated with an Adult. Not available to <2yrs or gusts needing help into the helicopter.
Pilot commentary on all flights. Flights operate daily on demand. Prices include GST.
- Age: 0 – 1 (Infant) -: Fly free, must be accompanied by an adult carer and the aircraft must have minimum paid passenger numbers.
- Age: 2 -12 (Child) -: Children’s pricing, must be accompanied by an adult carer and the aircraft must have minimum paid passenger numbers.
- Age: 13 or above: (Adult) -: Adult pricing and the aircraft must have minimum paid passenger numbers.
Sea World Helicopter Gift Certificates do not provide a guaranteed time and date for delivery.
If the Gift Certificate is defaced, mutilated, altered, lost or stolen it will not be replaced, refunded or redeemed.
The Gift Certificate can be used for the purchase of the agreed services only and is not redeemable for cash nor can you obtain any cash advance using the Gift Certificate.
The Gift Certificate must be used within 12 months from the issue date shown on the certificate, failing which it will be deemed void and not able to be used. Any unused balance upon expiry cannot be refunded or credited. The Gift Certificate cannot be reloaded [i.e. value cannot be added to it].
The minimum value of any purchase that can be made using the Gift Card is $100.
Any redemption that you wish to make that exceeds the available balance of the Gift Certificate shall require you to pay the difference by another payment method e.g. cash or credit card.
The Gift Certificate may not be resold nor is it refundable unless required by law.
SWH reserves the right to:
- limit the number of Gift Certificates purchased by any person or entity
- refuse any request for redemption of the Gift Certificate.
Copyright in the Gift Certificate and other intellectual property rights in respect of the Gift Card are owned or used under licence by SWH, its affiliates, corporate partners or licensors, unless expressly indicated to the contrary.
As far as is permitted by law, you agree when you use the Gift Certificate to indemnify and release SWH in respect of any claims, loss or damage incurred or arising as a result of your use or redemption of the Gift Certificate. In the event the Gift Certificate is non-functional for reasons other than your misuse or neglect, SWH’s sole liability shall be replacement of the Gift Card.
All product prices are in Australian dollars and are inclusive of GST. Any purchase you make will be charged in Australian dollars and you shall be solely liable for any currency conversion fee charged by your credit card provider.
All bookings paid online or via the telephone will require Sea World Helicopters booking staff to obtain a copy of the debit/credit card utilised in the payment and a form of photo I.D. preferably drivers licence of the cardholder. These documents will be held for 30 days then destroyed to comply with anti-fraud measurements, failing to provide proof may result in your booking being cancelled.
All products cannot be redeemed for cash, are non-refundable (subject to management discretion and any requirements under the Australian Consumer Law or other applicable laws), not exchangeable or transferrable and cannot be resold.
SWH reserves the right to cancel any product and refuse entry where SWH reasonably believes same has been obtained in an unlawful or improper manner or in breach of these Terms & Conditions.
If you have pre-booked a tour or charter the following cancellation conditions apply:
- More than 7 days’ notice: No Charge
- Between 6 days and four days’ notice: 20% charge of full fare
- Less than 72 hours’ notice: No refund
SWH may impose restrictions or limitations on access to flights at any time. SWH may close premises on a permanent or temporary basis due to inclement weather, safety, refurbishment, maintenance, Acts of God or other reasons.
Extensions to the validity of any ticket you have purchased from us or refunds as a result of limited visitation, suspension, premises or ride closure are not granted (subject to any requirements at law to the contrary).
Buying for someone else
If you have purchased a product for someone else, then you must make available or known to them these Terms & Conditions and by their attendance they shall be deemed to have accepted these Terms & Conditions.
Conditions of entry
You agree to comply with the Conditions of Entry and any other conditions displayed at the front gate of the premises therein. SWH may cancel or suspend your pass and/or remove you from the premises if you breach any of the Conditions of Entry.
Family Packages / VIP Packages
Our family & VIP packages can seat up to 6 people subject to weight restrictions, combined weight above 450kgs will be subject to Pilot approval. Please contact guests services on 07 5629 9000 prior to booking.
The Website is owned and operated by SWH. SWH may refuse any order to purchase a product or deny access to the Website for any conduct it believes may breach these Terms & Conditions or any law.
Use of the Website
The Website is interactive and public and in posting content, you understand, acknowledge and agree:
- any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary;
- any ideas, concepts, techniques, procedures, methods, systems, video, scripts, music, photographs, designs, plans, charts, or other materials you transmit may be used by SWH anywhere, anytime, and for any reason whatsoever;
- not to use any obscene, indecent, or offensive language;
- not to place on the Website any material that is defamatory, abusive, harassing, racist, hateful, encrypted, constitutes junk mail or unauthorized advertising, commercial offers, invades anyone’s privacy, or encourages conduct that would constitute a criminal offence, give rise to civil liability, or that otherwise violates any local, federal, national or international law or regulation;
- to use the Website only for lawful purposes
- you are responsible for ensuring that any material you provide to the Website or post on a bulletin board or forum or elsewhere, including but not limited to text, photographs and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights
- not to disrupt, overwhelm, attack, modify or interfere with the Websites or their associated software, hardware and/or servers in any way;
- not to impede or interfere with others’ use of the Website;
- not to post any software, files or links to other sites;
- not to post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation or any feature of the Websites; and
- not to alter or tamper with any information or materials on or associated with the Websites.
If SWH conducts any competitions on the Website, then:
- SWH, in its absolute discretion, reserves the right to refuse any competition entry or to deny access to the Website for any conduct it believes may breach these Terms & Conditions or any law;
- competitions are subject to individual terms and conditions available at the time of entry; &
- employees of SWH and its related bodies corporate, including immediate family members, cannot enter any competitions promoted on the Website.
Online purchase fees
When buying online through the Website products can only be purchased using a credit or debit card. All credit and debit card purchases are made through a secure payment facility. Your credit or debit card will be debited at the time of ordering. In the unlikely event that you believe any unauthorised use of your card has occurred, please immediately notify SWH by email and contact your bank through your usual communication method.
The information on the Website (including prices and product offerings) may change at any time without notice. The availability of products shown or referred to on the Website is subject to change, delay, cancellation or closure due to inclement weather, preventative maintenance, refurbishment or other operational requirements – detailed particulars can be obtained by contacting SWH directly or by telephoning +61 7 5629 9000.
Limitation of Liability
Any representation, warranty, condition or undertaking that would be implied in these Terms & Conditions by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.
Nothing in these Terms & Conditions excludes, restricts or modifies any condition, warranty, right or remedy which may be conferred by the Competition and Consumer Act 2010 (Cth) that cannot be excluded, restricted or modified by agreement.
To the fullest extent permitted by law, SWH’s liability for a breach of a non-excludable condition or warranty is limited, at SWH’s option, to:
- in the case of goods, any one or more of the following:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; or
- in the case of services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
Indemnity & Release
You agree to indemnify SWH for any loss or damage that it may suffer or for any costs it may incur in connection with any breach by you of these Terms & Conditions. You further agree to release SWH from any claim, loss or damage incurred as a result of any error, omission or misrepresentation in the Websites.
Intellectual Property Rights
The contents of the Websites, such as graphics, logos, information, text, video clips, material, software or advertisements (“Content”) is owned by SWH unless stated otherwise and protected by Australian and international copyright and trademark law. Without the express permission of SWH, the Content must not be modified, copied, reproduced, republished, framed, uploaded, posted, transmitted or distributed in any way except as expressly provided on the Websites however you may download, store in cache, display, print and copy material in a complete and unaltered form for your own personal, non-commercial use provided that you:
- keep intact all copyright and trademark notices (see below); &
- do not use the material in any manner that suggests an association with any SWH products, services or brands.
Provided the above conditions are followed, you may use the material on the Websites for the purposes of research or study provided your use is fair (It is deemed fair to reproduce no more than 10% of the number of words on the Websites and to only use the material for class use or assessment).
Third Party Links
The Websites contains hyperlinks and other pointers to web sites operated by third parties (“Hyperlinked Websites”). Unless otherwise stated at those websites, Hyperlinked Websites are not controlled by SWH. By using those links you acknowledge and agree that:
- SWH is not responsible for the contents of any Hyperlinked Websites or any hyperlink contained in a Hyperlinked Website;
- SWH provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the Hyperlinked Website by SWH, its related bodies corporate, affiliates, corporate partners or licensors; &
- you access such Hyperlinked Websites entirely at your own risk.
PRIVACY OF PERSONAL INFORMATION
CONSENT TO FILMING DURING FLIGHT
SWH may make images and recordings of all the passengers on the flight you are on (‘filming’). Such filming may be for a tour video of you to be sold or provided to you by SWH after the flight or it may be a tour video of another passenger in which you are filmed incidentally.
You give us consent to film you (and where you are the parent or legal guardian of a passenger who is a child, you give us consent to film the child) and to sell or provide the images and recordings as a tour video to you or another passenger of the flight exclusively.
SWH will not use or provide the images and recordings for any other purpose and SWH shall make reasonable endeavours to delete all images and recordings as soon as reasonably practicable. You agree that SWH is the owner of the copyright in the images and recordings and any tour video made with the images and recordings.
VARIATION TO TERMS & CONDITIONS
SWH may vary these Terms & Conditions at any time. Any variations become effective upon posting on the Websites. By using the Website following the posting of a variation of the Terms & Conditions you consent to be bound by the varied terms and conditions.