The adventure holiday on Thevenard Island is operated by Mackerel Islands Pty Ltd (A.C.N 008 728 087) (“Mackerel Islands”). Please read the Mackerel Islands Information Pack provided to you, which sets out the services and facilities available at Thevenard Island.

Please read the terms and conditions below. In completing and submitting the Booking Form or when making a booking with Mackerel Islands Pty Ltd through other means, you agree to be bound by these terms and conditions which constitute the agreement between Mackerel Islands and you. These conditions apply to the exclusion of any terms of conditions unless they are set out in the Booking Form or are otherwise agreed to in writing by the parties. Previous dealings between the parties will not vary these conditions. No purported variation of these conditions will be effective unless in writing and signed by a person so authorized by Mackerel Islands.

1.BOOKINGS

1. (a)If for some reason you need to cancel your holiday Mackerel Islands require a 28 days prior notice from the date of booking to issue a refund less 10% administration costs of monies paid.
2. (b)Cancellations made after the 28 days period will not be issued with a refund.

2.NATURE OF HOLIDAY

It is important to note that an adventure holiday on Thevenard or Direction Island requires a degree of fore planning, flexibility, and higher level of boating and outdoor skills because: 

although Thevenard Island offers self-contained beach cabins and comprises a store offering food supplies, alcohol and other provisions, the facilities and services are basic;

(a)the island waters are subject to harmful marine life and unpredictable tidal and wind changes;

(b)medical facilities and assistance if of a limited nature and mobile telephone reception is limited to CDMA Telstra.

3.ASSUMPTION OF RISK

(a)You acknowledge that you are travelling to geographical areas where, amongst other things, the standard of accommodation, transport, safety, hygiene, cleanliness, medical facilities, telecommunications and infrastructure development may not be of the standard that you are used to at home or would find on a conventional holiday. We recommend you take out travel and medical insurance.

(b)You acknowledge that having read and understood the terms and conditions outlined above, an adventure holiday at Thevenard Island may involve risks (and rewards) above and beyond those encountered on a more conventional holiday and that you are undertaking the adventure trip with its inherent dangers.

You accept these risks and obligations and fully assume the risk of travel and accommodation, and release Mackerel Island Pty Ltd from any liabilities whether in contract and/or in tort arising out of or in connection to these risks, to the maximum extent permitted by law.

 4. CYCLONE CANCELLATIONS

(a)               In the event that guests are unable to go to the island due to a pending cyclone, Mackerel Islands will issue a full refund.

(b)               If the guests are already on the Island and are to be evacuated, Mackerel Islands will issue a refund on a pro rate basis.

(c)               Mackerel Islands will not accept responsibility for any travel expenses incurred by the guests.

(d)              If your booking is between the months of November and April, please ensure that you are aware of any potential cyclones in the area before leaving home.

(e)             Decisions made to continue your travel to the Island during the risk of a potential cyclone will be taken into consideration if you are required to evacuate the island when refunds are issued.

Island staff will be happy to assist you with current cyclone warnings. Please contact us on 08 9184 6444, for more information.

 5. CANCELLATION POLICIES

Activities include a booking, boat and plaka hire, dive and snorkel charters, courses and activities, fishing charters and any other arranged tours.

1.Cancellation by Mackerel Islands Pty Ltd

1. (a)MACKEREL ISLANDS PTY LTD without liability reserves the right to amend, vary or cancel a booking or tour for any reason or at any time where, in its best judgment, road and transport, climatic, political or other circumstances deem it to be convenient or necessary.
2. (b)MACKEREL ISLANDS PTY LTD cannot guarantee the exact arrival and departure times and is not liable for any failure by you to make connection with any other service or carrier.
3. (c)At MACKEREL ISLANDS PTY LTD’s discretion a trip may not precede if less than six people have been booked.
4. (d)MACKEREL ISLANDS PTY LTD recommend that you take out comprehensive travel insurance.

2.Health and Safety

(a)You understand and accept that the tour may:

                               (i)      require physical exertion; and

                             (ii)      may operate in remote areas.

You agree to observe the safety and other instructions that the tour guide provides for the duration of the tour

3.Refund Policy

1. (a)MACKEREL ISLANDS PTY LTD’s discretion only 50% refund is available for cancellations made 14 days prior to commencement of the tour or activity
2. (b)No refunds will be available for cancellations there after.
3. (c)Any tours or activities cancelled by MACKEREL ISLANDS PTY LTD will be refunded in full when a tour is not able to commence.

4.Jurisdiction

Any legal disputes which may arise shall be resolved in the jurisdiction of Western Australia.