BOOKING CONDITIONS – LIDO ATELIER PTY LTD

‍ ‍These Booking Conditions set out the terms on which you contract with us for your Tour. Our Tours are small-group, guided and thoughtfully designed experiences, generally conducted in calm or protected water environments. Even so, swimming and other water-based activities are active experiences and involve risks. These Booking Conditions are intended to clearly set out the rights, responsibilities and obligations that apply between you and us.

‍ ‍By making a Booking, you acknowledge that you have read, understood and agree to be bound by these Booking Conditions. We reserve the right to change these Booking Conditions at any time prior to you making a Booking. Capitalised terms are defined at the rear of these Booking Conditions.

‍ ‍1.             BOOKINGS

‍ A Booking is confirmed (and a contract between you and us comes into effect) when:

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·           You have made a Booking and have provided us with all necessary information to process your request;

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·           You have paid us the amounts payable at the time of making the Booking in accordance with these Booking Conditions; and

‍ ‍·           We have sent you a Booking Confirmation.

‍ ‍We reserve the right to decline a Booking at our discretion. If we decline your Booking and you have made any payments to us on account of that request, then we will promptly refund amounts received by us.

‍ ‍2.             OUR SERVICES

‍ ‍‍We commence providing services to you as soon as we confirm your booking. This includes (often significant) work undertaken prior to your Tour date to arrange and coordinate the delivery of your Tour.

‍ ‍‍Our services are limited to: (a) the arrangement and coordination of the Tour Services; and (b) the delivery of Tour Services which we directly control, operate or own.

‍ ‍‍3.             PRICES

‍ ‍Prices stated are in Australian Dollars ($AUD), are inclusive of GST, and are subject to change prior to you making a Booking. Your Booking Confirmation will confirm your Price. Payments by debit or credit card are subject to a surcharge equal to the costs we incur to process the payment.

‍ Exclusions

‍ ‍Airport/hotel/port transfers are not included in a Tour unless specifically stated. Costs associated with insurance, meals (other than those stipulated), emergency evacuation costs, gratuities, and all items of a personal nature are not included and are your responsibility. If we incur any of these costs on your behalf, then you agree to reimburse us for them on demand.

‍ ‍‍‍4.             PAYMENT, AMENDMENTS & CANCELLATION BY YOU

‍ ‍Your obligations and rights in relation to payments, amendments and cancellations are as follows:

‍ ‍Payment

100% due upon Booking

Amendments

Requests to change the date of a Booking must be made at least [48 hours] before the scheduled commencement of the Tour and are subject to availability. Any increase in Price for the new Tour date must be paid by you. If the requested change cannot be accommodated, your original Booking will remain in place unless cancelled under this clause.

Cancellations

If you cancel your Booking at least 48 hours before the scheduled commencement of the Tour, you are entitled to either:

(a)   a refund of amounts paid by you; or

(b)   a Credit Note for the same amount.

If you cancel your Booking less than 48 hours before the scheduled commencement of the Tour, or fail to attend, no refund or Credit Note is payable.

Any card payment surcharge is non-refundable where a Booking is cancelled by you.

‍ ‍‍ ‍5.             MINIMUM NUMBERS

‍ ‍Some Tours require a minimum number of participants. If minimum numbers are not met, we may (r by giving you notice no later than [24 hours] before the scheduled commencement time):

‍ ‍·                re-cost the Tour based on it being a private or semi-private experience and give you the option to accept the new price; or

‍ ‍‍·                cancel the Tour.

‍ If we cancel the Tour or if you do not accept the revised price (as applicable), you may choose to receive:

‍ ‍·                a transfer to another available Tour date;

‍ ‍‍·                a Credit Note; or

‍ ‍‍·                a refund of all amounts paid by you for the cancelled Tour.

‍ ‍6.             CHANGES BY US

‍ ‍We may make reasonable changes to a Tour, including to the itinerary, swim location, start time, venue, transport arrangements, meal venue or inclusions, where reasonably required for safety, weather, sea conditions, water quality, tides, currents, operational requirements, minimum numbers or other circumstances beyond our reasonable control.

‍ ‍A change of swim location, venue or itinerary for safety or operational reasons will not entitle you to a refund if the overall nature and value of the Tour are not materially affected.

‍ ‍To the fullest extent permitted by law, we will not be responsible for any other loss or costs you incur (for example, airfares not included in your Tour, insurance and visa expenses) if your Tour or particular Tour Services are cancelled for any reason. 

‍ ‍If, before commencement of the Tour, we make a change that materially alters the overall nature or value of the Tour, we will notify you as soon as reasonably practicable and you may choose TO:

‍ ‍·                     accept the changed Tour;

‍ ‍·                     transfer to another available Tour date;

‍ ·                     receive a Credit Note; or

‍ ·                     receive a refund of all amounts paid by you for that Tour.

‍ 7.             CANCELLATIONS OR POSTPONEMENT BY US

‍ We may cancel or postpone a Tour before it starts if, acting reasonably, we consider that the Tour cannot proceed safely or lawfully, including due to weather, sea conditions, water quality, tides, currents, venue closures, transport disruption, a Force Majeure event or any other circumstance beyond our reasonable control.

‍ if we cancel a Tour before it starts, you may choose to:

‍ ·                     transfer to another available Tour date;

‍ ·                     receive a Credit Note; or

‍ ‍·                     receive a refund of all amounts paid by you for the cancelled Tour.

If we postpone a Tour and the new date is not acceptable to you, you may choose a Credit Note or a refund of all amounts paid by you for that Tour.

‍ To the fullest extent permitted by law, we are not liable for any indirect or consequential loss, or for the cost of any separate arrangements made by you that are not included in the Tour

8.             FORCE MAJEURE

Force Majeure means an event beyond our reasonable control which prevents or materially hinders the safe or lawful operation of the Tour, including severe weather, dangerous sea conditions, poor water quality, natural disaster, fire, flood, epidemic, pandemic, government restriction, industrial disruption, transport disruption, war, civil unrest or terrorism.

Where a Force Majeure event affects a Tour, clauses 6 and 7 apply.

For clarity, illness, injury or a medical condition affecting you, or the failure of transport not included in the Tour, is not a Force Majeure event for the purposes of these Booking Conditions.

9.          PARTICIPATION REQUIREMENTS, MEDICAL CONDITIONS AND SAFETY

·                     To participate in a Tour, you must be physically able to do so safely, and while you do not need to be able to swim long distances, you must be comfortable and capable in the water, including in open water or sea bath conditions where applicable. You must also follow our directions and must not be under the influence of alcohol, drugs or any other substance that may impair safe participation.

·                     You must tell us at booking, and promptly if anything changes before the Tour, about any medical condition, injury, disability or other matter that may affect your safe participation, increase the risk of medical attention being required, or affect the safe or usual conduct of the Tour.

·                     We may require medical clearance from a qualified medical practitioner. We may refuse your Booking or exclude you from participation if you do not provide that clearance when requested, if it indicates you are not fit to participate, or if we reasonably consider that you cannot participate safely or would require assistance we cannot reasonably provide. ‍

·                     If we refuse or end your participation for any of those reasons, or because you fail to follow our safety directions, this will be treated as a cancellation by you and no refund will be payable except as required by law.

10.          RISK ACCEPTANCE & WAIVER

·                     You acknowledge and agree that your participation in swimming activities is conditional upon you signing, or electronically accepting, before the activity commences, the risk acceptance and waiver of liability for participation in the activity set out in the Waiver section below. If you do not sign or electronically accept that form before the activity commences, you will not be permitted to participate and, to the extent permitted by law, no refund will be payable.‍‍ ‍

11.          DURING YOUR TOUR

‍ ‍Check In

‍ ‍You must check in at the place of the commencement of the Tour no later than thirty (30) minutes before the scheduled departure time. Failure to do so may result in our refusal to allow you to participate in the Tour.

‍ ‍Behaviour

If you act in a manner that threatens the safety of yourself or others (including our (or our suppliers’) personnel, other passengers, or third parties), we or our representatives may, acting reasonably, prohibit you from commencing the Tour or may require you depart the Tour. We will not be liable for any damage, loss or expense you incur in these circumstances. In addition, we will not be liable to make any refund of the Price.

‍ ‍‍‍Medical Assistance

‍‍You acknowledge that there may be occasions where you require first aid or medical evacuation due to an accident, illness, injury or other health condition. You consent to our personnel providing you with first aid on the basis that: (a) our personnel may not be qualified medical professionals; (b) we make no warranties and expressly disclaim all warranties regarding the standard of care that may be provided; and (c) to the fullest extent permitted by law we will not be liable (and neither will our personnel) for any care given or omitted. If you are unable to do so yourself, you consent to us seeking and securing any medical treatment and evacuation that we reasonably consider you require. You agree to reimburse us for any costs we incur in seeking medical treatment on your behalf.

‍ General Safety

‍ ‍You must pay attention to the safety briefing given by instructors at the commencement of the Tour. You are advised and required to take particular care in conditions of inclement, rough or heavy weather or as advised by our personnel.

‍ ‍To the fullest extent permitted by law, we will not be responsible for any loss or damage you suffer (including personal injury or death) resulting from your failure to utilise safety devices or caused by your unreasonable or unsafe actions.

‍ ‍12.          RESPONSIBILITY

‍ ‍Our Services

‍ ‍To the extent only that we are the principal supplier to you of Tour Services which we directly control, operate or own then we will provide those Tour Services with reasonable skill and care.

‍ ‍We will only be responsible for our employees in the course of their employment, and for our agents and contractors (where we have direct control over them) if they were carrying out the work we had asked them to do. 

‍ ‍We will not be responsible for any loss, damage, claim or expense caused by the acts or omissions of yourself, of any other third party not connected with the provision of the Tour Services, or due to an event of Force Majeure.

‍ ‍Independent Suppliers

‍ ‍Some parts of a Tour, including transport, meals, venues or other inclusions, may be provided by third party suppliers not controlled by us.

‍ ‍Where that is the case, our responsibility is limited to exercising reasonable care in selecting and arranging those services.

‍ ‍To the fullest extent permitted by law, we are not liable for any loss, delay, damage, death or personal injury arising from the acts or omissions of a third-party supplier, except to the extent caused by our negligence or to the extent liability cannot lawfully be excluded or limited.

‍ ‍‍Recreational Services, Obvious Risks & Liability

‍ ‍If we supply any Recreational Services to you, then to the maximum extent permitted by law we exclude any liability for death, physical injury or mental injury or any other liability referred to in section 139A (3) of the Competition and Consumer Act 2010 (Cth) resulting from our failure to comply with a guarantee that applies under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law. This exclusion does not apply to significant personal injury caused by our reckless conduct.

‍ ‍You acknowledge that, for the purposes of the Civil Liability Act 2002 (NSW) or, if the activity is undertaken outside New South Wales, any equivalent or corresponding legislation applying in the jurisdiction where the activity occurs:

‍ ‍·                you engage in any recreational activity at your own risk; and

‍ ‍‍·                we are not liable in negligence for harm you suffer as a result of the materialisation of an obvious risk of a dangerous recreational activity in which you engage.

‍ ‍Australian Consumer Law and corresponding legislation in State and Territory jurisdictions in certain circumstances imply mandatory guarantees into consumer contracts (“Consumer Guarantees”). These Booking Conditions do not exclude or limit the application of the Consumer Guarantees other than to the extent they can be excluded or limited, in which case we limit or exclude the Consumer Guarantees to the fullest extent permitted. Other than the Consumer Guarantees, we disclaim all warranties and guarantees.

‍ ‍‍ ‍To the fullest extent permitted by law, our maximum liability to you under these Booking Conditions, in tort (including negligence) or at law is limited to arranging for the Tour Services be resupplied or payment of the Price.

‍ ‍Nothing in these Booking Conditions excludes, restricts or modifies any right or remedy you may have under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.

‍ ‍13.          COMPLAINTS

‍ ‍In the event of a problem with any aspect of your Tour, you must tell us or make our aware of such problems as soon as possible. This is so we have the opportunity to put things right on the ground.

‍ ‍If you notify us of a problem during the Tour and we haven’t resolved it to your satisfaction, please follow this up in writing within 30 days from the end of your Tour. This is so we have the opportunity to pursue the claim with our own suppliers (if relevant). Notification of a complaint does not guarantee any particular outcome.

‍ ‍If you fail to follow this procedure, this may limit your rights to make a claim.

‍ ‍14.          REFUNDS

‍ ‍Any refunds payable by us under these Booking Conditions will be made as follows: (a) if you paid us directly with a credit or debit card, we will credit the same card with the refund unless you advise us that the card has expired or is no longer active; (b) if you paid us by direct bank transfer, we will pay the refund to a bank account notified by you; and (c) if you booked your Tour through a travel agent, then we will pay the refund to the travel agent. Please note that any card processing surcharge originally paid is not refundable.

‍ 15.          DEEMED ACCEPTANCE

‍ If you place a booking on behalf of another party, you represent and promise us that you are duly authorised to provide the agreement and consent of the other party to be bound by these Booking Conditions. You agree that you will be responsible for any loss or damage we incur but would not have incurred had this been the case. 

‍ 16.          PARENTS/GUARDIANS OF MINORS

‍ If the participant is under 18 years of age, their parent or legal guardian agrees to these Booking Conditions both on their own behalf and on behalf of the minor participant. The parent or legal guardian of that participant agrees to indemnify and hold us (and our directors, officers and employees) harmless from and against any claim, liability, loss, cost or expense arising from or in connection with the participant’s involvement in the Tour, but only to the extent that such claim would have been validly limited, excluded or otherwise barred had the participant been of legal age and capable of providing informed consent and agreeing to these participant conditions on their own behalf.

‍ ‍17.          Image release

‍ ‍We and our suppliers may take photographs or make recordings of you and your activities that identify you during the Tour. We reserve the right to use any images and/or recordings for promotional and marketing purposes. You consent to this use and acknowledge you will not be entitled to any payment or other compensation. If you do not consent to the use of your image or likeness, please advise us prior to the commencement of your Tour. 

‍ ‍18.          GENERAL

‍ ‍The contract between Lido Atelier Pty Ltd and you is governed by the laws of the State of New South Wales provided that if the civil liability legislation of New South Wales does not apply because a cause of action arose outside New South Wales, then the contract (to the extent it relates to that cause of action) shall be governed by the State or Territory in which the cause of action arose if it arose within Australia. Any disputes shall be dealt with by a court with the appropriate jurisdiction in the State or Territory of the governing law.

‍ ‍If any provision of these Booking Conditions is found to be unenforceable, then to the extent possible it will be severed without affecting the remaining provisions.

‍ ‍Any personal information you provide to us will be collected, stored, used, protected and shared in accordance with Australian Privacy Principles (and foreign privacy laws, if applicable), and our Privacy Policy, which is published at Privacy Policy

‍ ‍‍ ‍If these Booking Conditions are published in a brochure, you acknowledge that information within the brochure is correct at the time of publication. However, some details may change including, but not limited to Prices, Tour Services and the associated itinerary. You acknowledge that photos we publish are representative of the Tour but may not reflect that exact experience.  

‍ ‍‍ ‍We reserve the right to modify these Booking Conditions at any time without prior notice. We will publish amended Booking Conditions on our website – www.lidoatelier.com. . The amended Booking Conditions will be effective upon publication. The Booking Conditions that govern the contract between you and us are those Booking Conditions in effect at the time you make a Booking. 

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These Booking Conditions are effective and apply to all Bookings made from 1st April 2026.

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DEFINITIONS

‍ ‍Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

‍ ‍Booking means a request from you to book a Tour.

‍ ‍Booking Confirmation means a document issued by us to confirm acceptance of your Booking subject to these Booking Conditions.

‍ ‍Credit Note means a credit note issued by us redeemable within 12 months after issue against any services offered by us. Credit notes are not transferrable and not redeemable for cash. Redemptions will be subject to the booking conditions applicable to those services in effect at the time of redemption. Refunds will not be made for services cancelled by you after redemption.

‍ ‍Tour means a tour which we sell as principal comprising Tour Services.

‍ ‍Tour Services means the tour arrangements and related services provided or arranged by us as part of your Tour, and may include, without limitation, boat or vehicle transportation, guided activities, excursions, equipment hire, and other services incidental to the operation of the Tour.

‍ ‍Price means the price for your Tour.

‍ ‍Recreational Services means services that consist of participation in the activities referred to in Section 139A of the Competition and Consumer Act 2010 (Cth), being participation in:

‍ (a) a sporting activity or similar leisure time pursuit; or

‍ (b) any other activity that:

‍ (i)    involves a significant degree of physical exertion or physical risk; and

‍ (ii)    is undertaken for the purposes of recreation, enjoyment or leisure.

‍ “We”, “us”, “our” and “Lido Atelier” means Lido Atelier Pty Ltd. 

‍ “You” and “your” means all persons named in a booking (including anyone who is added or substituted at a later date). Description text goes here

Acknowledgment and ACCEPTANCE of Risks & Release and Indemnity Form

INTRODUCTION

Please read this entire Acknowledgment and Acceptance of Risks & Release and Indemnity Form carefully before signing it (or, in the case of online acceptance, by electronically checking the box below). Lido Atelier Pty Ltd trading as ‘Lido Atelier’ (‘Operator’) requires each participant (Participant) (or if the participant is a minor under the age of 18 years, a parent/guardian of the minor) to sign / agree to this Form prior to permitting the participant to participate in the activity/activities set out below (Activity).

ACKNOWLEDGEMENT & ACCEPTANCE OF RISKS

The Participant acknowledges that there are inherent and other risks associated with participation in the Activity which can cause personal injury, death or other loss to the participant. Some of the risks associated with participation in the Activity include:

Activity

Inherent Risks (Examples)

Swimming (sea baths)

Drowning, near drowning or water inhalation; slips, trips and falls on wet or uneven surfaces; impact with steps, ladders, walls, rocks or other structures; wave surge, swell or currents affecting entry, exit or swimming; fatigue, cramp, panic or overexertion; cold water, sun exposure, dehydration or exhaustion; marine life; cuts and abrasions; collision with other swimmers or objects; changing weather or water conditions; illness associated with water quality.

Swimming (open water)

Drowning, near drowning or water inhalation; changing sea and weather conditions, including swell, surf, currents, tides, rips, wind and reduced visibility; fatigue, cramp, panic, disorientation or separation from the group; impact or collision with swimmers, vessels, rocks, reefs or other objects; difficulty entering or exiting the water; cold water, sun exposure, dehydration or exhaustion; marine life; cuts and abrasions; delayed access to assistance or medical treatment

The Activity may also involve ancillary risks associated with travel to and from swim locations, walking on public paths or coastal areas, entering and exiting the water, use of change facilities, and services provided by third party venues, transport operators or suppliers.

The risks specified are not exhaustive. Other unknown or unanticipated, inherent or other risks may exist. By participating in the Activity, you are acknowledging and accepting these risks.

The Participant acknowledges that water, weather and sea conditions may change rapidly and without warning, that actual conditions may differ from those expected or described before the Activity commences.

GENERAL RELEASE AND INDEMNITY

Please read this section carefully, as it contains a waiver of certain legal rights and a promise to indemnify the Operator and associated parties.

Release

To the fullest extent permitted by law, the Participant agrees to forever release and discharge the Operator (including its officers, directors, employees, agents and related bodies corporate and their officers, directors, employees and agents, and any of their assignees) (Released Parties) from and against any claims, actions, liabilities (including expenses) that the Participant may have or may incur (claims) for any death or personal injury suffered by the Participant arising from participation in the Activity, whether caused by any negligence, breach of contract, breach of statutory duty or otherwise by any of the Released Parties, or the materialisation of any inherent or other risks of the Activity.

Indemnity

To the fullest extent permitted by law, the Participant agrees to defend and indemnify the Released Parties from and against any claims brought by or on behalf of the Participant or any other person, for any personal injury or death suffered by the Participant arising from participation in the Activity howsoever caused, including without limitation the negligence of any of the Released Parties, any breach by them of contract or a statutory duty, or the materialisation of inherent or other risks of the Activity.

If the Participant is a minor, then, to the extent permitted by law, the parent/guardian of the minor who signs this Form agrees to personally defend and indemnify the Released Parties in the manner described above as if the parent/guardian were the Participant. 

STATUTORY EXCLUSIONS OF LIABILITY

The releases and indemnities above do not limit or exclude the rights of the Participant under the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or under any corresponding State or Territory legislation, other than to the extent those rights can be limited or excluded, in which case they are limited or excluded as set out in the Booking Conditions and otherwise to the fullest extent permitted.

GENERAL

This Form is in addition to and does not replace the primary contract between the Operator and the Participant which is subject to the Booking Conditions [insert hyperlink]. This Form is in addition to the Booking Conditions applicable to the Activity. To the extent of any inconsistency, the terms that provide the Operator with the greater protection will apply to the extent permitted by law.

This Form is intended to be interpreted and enforced to the fullest extent allowed by law. If any portion of this Form is deemed unlawful or unenforceable, it will not affect the enforceability of the remaining provisions, and those remaining provisions will continue in full force and effect.

This Form is to be governed by the laws that apply in accordance with the terms of the Booking Conditions. Any disputes shall be dealt with by a court with the appropriate jurisdiction in the State or Territory of the governing law.

AGREEMENT 

The Participant agrees that electronic acceptance of this Form, including by ticking an acceptance box or using an electronic signature process approved by the Operator, has the same legal effect as signing this Form in hard copy.

I, the Participant (or if the participant is a minor under the age of 18 years, the parent/guardian of the minor) agree that:

·                I have carefully read, understood and voluntarily agree to this Form

·                This Form is legally effective and binding upon me, and where relevant my heirs, estate and legal personal representatives