Terms & Conditions

Please read the following terms and conditions carefully.

References to “us”, “we” and / or “our” in these booking terms and conditions mean East Kimberley Charters Pty Ltd ACN 649838522 t/as East Kimberley Charters (“East Kimberley Charters”), and “guest(s)”, “You”, and “Your” refers to you, the guest, visitor, the person making the booking, or any other person on whose behalf you are making a booking, such as your underage child(ren).

East Kimberley Charters is a supplier of recreational services and activities, including but not limited to charter fishing and boating experiences throughout the East Kimberley region. The following terms and conditions apply to all charter bookings with East Kimberley Charters, whether You make a booking by telephone, e-mail, our online booking facility, or by any other means.

By making a booking, You confirm that You have read, understood, accepted, and agree to be unconditionally bound to these terms and conditions contained herein.

1. Bookings & Payments

All bookings require full payment for all guests to confirm a booking, which must be made at the time of booking.
If we cancel a trip for any reason, a refund or rescheduled charter will be offered. Should we cancel your charter, we will endeavour to give you reasonable notice.

2. Cancellation Policy

If You cancel the charter verbally (by telephone or in person) or in writing:
- 28 days or more prior to the charter date, we will offer a refund of 100% of the total booking price.
- between 14 and 28 days prior to the charter date, we will offer a refund of 75% of the total booking price.
- between 48 hours and 14 days prior to the charter date, we will offer a refund of 50% of the total booking price.
- 48 or fewer hours prior to the charter date, we will not be obliged to offer a refund of the total booking price.
- For bookings on our Ultimate Fishing Experience. Cancellation of your booking up to 48hrs the above will apply. Within 48 hours you will forfeit the price of the seaplane experience operated by Kimberley Air Tours at a cost of $2,280

3. Credits

Credits can only be offered if You cancel Your charter more than 28 days prior to the day of departure. The credit will equate to the cancellation fee pursuant to clause 2.
All credits are valid for 12 months from the date of original booking date.
Credits are non-refundable and not redeemable for cash but may be transferred to other individuals at our discretion.

4. Gift Vouchers

Gift vouchers are non-refundable and not redeemable for cash.
A gift voucher must be redeemed within 3 years of purchase unless we specify otherwise.
A gift voucher will be deemed to have been redeemed on the date of Your booked charter. In the event that You are late to a booking, or You otherwise do not attend, Your gift voucher will be forfeited, and we will not be obligated to offer a refund or a rescheduling of Your booking.
Where the cost of Your charter is greater than the value of Your gift voucher, You will be required to pay the difference. Where the cost of Your charter is less than the value of Your gift voucher, You will not be entitled to a cash refund of the balance.

5. Vessel Availability

Should Your chosen vessel become unavailable for any reason including inoperability, damage, safety, or crew availability, we reserve the right to substitute a suitable alternative vessel.
In the event that a suitable alternative vessel be unavailable, we will offer a credit, gift voucher, or refund, but we shall have no further liability to You beyond the offered refund.

6. Embarkation & Disembarkation

The chartered vessel will dock at the times and location stated on the booking confirmation.
You must arrive and board the vessel 15 minutes prior to the departure time stated on the booking confirmation.
You must disembark the vessel 15 minutes from the time stated on the booking confirmation.

7. Number of Passengers

The vessel, ‘Saltie’, can have a maximum of four guests at any one time on a charter, excluding us or our crew.
The chartered vessel will only depart when a minimum of two guests are on board. If there are no additional bookings on that day, a minimum charge of two people applies, or a schedule change / refund can be offered.

8. Skipper’s Authority

The skipper of the vessel is in full command and will proceed pursuant to the pre-agreed chartered course. However, the skipper at their discretion may take reasonable requests from You or other guests as to the general movements, program, and destination of the vessel within the reasonable limits of the chartered course.
You agree that at all times You will comply with all directions given by the skipper of the vessel and will abide by their judgment as to the navigation, weather, anchorage, and clearance of the vessel, in relation to the charter.

9. Weather

We endeavour to operate all charters in safe and appropriate weather conditions and will monitor weather closely at all times prior to and during a charter.
We and the skipper reserve the right to change or cancel the charter due to the weather conditions on the day at any point in time prior to or during a charter, if we or the skipper determine that it is unsafe to proceed with the charter.
If the trip is cancelled due to an unexpected turn of weather, it is at the discretion of us or the skipper if a full or part refund is given. Alternatively, we may at our discretion offer a credit / rescheduling of the charter, which must be used within 6 months of the original booking date.

10. Attire

It is Your responsibility to ensure that You are dressed appropriately for the charter and at all times during the charter.

11. Bag Limits

East Kimberley Charters stands by it’s values and encourages catch and release, However we understand our guests would like the opportunity to take home some fish. Strict bag limits set by East Kimberley Charters will be abided by, as follows Per Person;

1 Barramundi
2 Other species

Size limits are set by the Department of Fisheries WA, all size limits will be adhered to.

12. Prior to Departure

We will give a safety briefing to You and all other guests prior to departure of a charter. It is Your sole responsibility to ensure that You pay attention and understand the safety brief.
You must declare any pre-existing medical conditions to us and the skipper prior to departure of a chartered vessel.

13. Medical Conditions

If You have any pre-existing medical conditions that may require immediate medical attention or may pose a risk to Your safety or the safety of others during a charter, You must consult with a doctor prior to booking and / or attending a charter to ensure that it is safe for You to participate in the charter.
You are solely responsible for ensuring that You are medically fit and able to participate in a charter.
It is Your responsibility to bring seasickness tablets should You require them and to use them pursuant to Your doctor's advice and your personal needs.
Should You become seasick, or a pre-existing medical condition causes You discomfort or pain, we will not be obligated to return You to the harbour until the charter is completed, unless it is an extreme case that requires immediate medical attention.
You agree that we are not responsible or obliged to offer refunds or an alternate charter should a pre-existing injury or seasickness affect You during a charter.

14. Safety

We have made all reasonable efforts to identify and minimise any risks associated with our charters and will advise You of our recommendations, our rules, and the boating rules in Western Australia prior to and during a charter.
You agree to adhere to our rules and the boating rules in Western Australia in connection with the charter.
We and the skipper reserve the right to ask at any time for You and any other guests to wear a life jacket if we deem it necessary due to the present weather conditions or for any other reasons.
Should You fail to comply with any of our rules and / or the boating rules in Western Australia, we reserve the right to cancel and / or cease Your charter at which point You will forfeit any payment made in connection with the charter or booking.
We will not be liable for any loss or damage caused by You not adhering or conforming to our recommendations, our rules, and / or the boating rules in Western Australia, while You are on the vessel during a charter.

15. Conduct during Trips

All customers must behave in a safe and respectful manner during the charter.
We and the skipper reserve the right to cancel a trip at any point in time if You and / or Your child(ren) display any unruly or unsafe behaviour, including, but not limited to:
- Physical violence or verbal abuse with other guests, our crew, or other members of the public;
- Urinating over the side of the vessel;
- Polluting into the water or surrounding environment;
- Engaging in sex acts or other sexualised behaviour in public;
- Use, consumption, or distribution of illegal substances;
- Excessive intoxication;
- Wilful damage of the vessel or other property belonging to us or our crew;
- Jumping from the vessel during the charter, unless otherwise directed or permitted by us, the skipper, or the crew; and
- Deliberately ignoring or otherwise failing to comply with directions given by us or our staff.
- Should we or the skipper terminate a trip if You and / or Your child(ren) display any unruly or unsafe behaviour, then Your trip payment will be forfeited.

16. Children

The minimum age of a guest is 12 years old due to the inherent risks and dangers associated with any charter.
Guests between the ages of 12 and 18 years old must be accompanied by a paying adult at all times when on a chartered vessel, and that paying adult (You) will be fully responsible for their safety, conduct, and entertainment and neither we, nor any member of our crew, shall be called upon in anyway to be responsible for them.

17. Alcohol

Alcohol is permitted on board our vessels.
We have a strict rule that each guest over the legal drinking age is limited to a ‘six pack of alcohol’ or equivalent.
The consumption of alcohol may increase the risk of injury and You accept that risk and acknowledge that we shall not be liable for any personal injury or death arising from or in any way related to the use or consumption of alcohol.
We and the skipper reserve the right to refuse You the right to board a vessel, if we deem that You are excessively intoxicated to the point that You present a risk to us, our crew, the vessel, other passengers, and yourself. In these circumstances, Your booking price will be forfeited.
We and the skipper reserve the right to refuse You alcohol on board if we deem that it unsafe for You to continue to drink alcohol.
We and the skipper reserve the right to refuse to allow You to consume of alcohol, if we deem that You have become or are becoming excessively intoxicated.

18. Inherent Risk

There are inherent risks and dangers involved in participating in a charter on board any vessel and You participate in the charter entirely at Your own risk.

19. Damaged Property & Tackle

You shall be liable for any loss or damage to the vessel, or its equipment and fittings, howsoever caused by You, excluding fair wear and tear.
We will not be held accountable for any damage to Your personal items before, during, or after a charter. It is important that any items You bring are in an appropriate safe bag / container as they may become wet or damaged during the charter. Should You use any personal items during a charter, You do so at Your own risk.
You shall not be held liable for any general loss of our tackle during the charter, such as hooks and lures, unless it is caused by Your negligence at which point, we may hold You liable for replacement costs.

20. Swimming

You are only permitted to swim, if we have arranged for swimming to be part of the itinerary of the charter. If we have, You may only enter the water during daylight hours when the vessel is stationary and when You have been advised by us, the skipper, or the crew, that You may do so.
If You swim or enter the water pursuant to the clause 19.a., You do so at Your own risk. We shall not be liable for any accident, injury, or death due to doing so.
If we have not arranged for swimming to be part of the itinerary of the charter, at no point in time are You permitted to swim or otherwise enter the water during the charter. Swimming or entering the water is a breach of these terms and conditions and amounts to unruly and unsafe behaviour. If You do so during the charter, You do this at Your own risk, and we will not be liable for any injury You sustain or Your death.

21. GPS

You are not permitted to use any GPS equipment on board our vessel.

22. Governing Law

This Agreement shall be governed by and construed in accordance with the law of Western Australia and the parties submit to the exclusive jurisdiction of the courts of that State.

23. Acceptance

By making and paying for a booking, You agree to be bound by the terms and conditions set out in these terms and conditions set out above.

24. COVID-19 Policy – Restrictions

In the event that the Australian Federal Government or the Western Australian State Government impose COVID-19-related restrictions on movement and gathering that impacts Your ability to attend Your booked charter or otherwise prevents us from operating the charter, on the condition that You provide us with at least 48 hours’ notice, You may:
- reschedule Your charter to a later date; or
- cancel Your booking and request a gift voucher or credit to the value of Your cancelled charter, which must be used within 12 months of the original booking date.
In the event that You wish to cancel Your charter and You do not want a gift voucher, Your booking will be treated pursuant to clause 2 above as if You have cancelled Your booking.

25. COVID-19 Policy – Symptoms

In the event that You and / or Your child(ren) present with flu-like or COVID-related symptoms You will not be permitted to board the vessel and participate in the charter unless You and / or Your child(ren) provide us and the skipper with a negative PCR test (a nose swab polymerase chain reaction test) taken within 72 hours of boarding.
Should You and / or Your child(ren) present with such symptoms without the necessary test results, we and the skipper have absolute discretion to refuse You and / or Your child(ren) entry to board the vessel and cancel Your and / or Your child(ren)’s booking for the charter.
We will not provide a refund should this prevent the charter from proceeding.

26. COVID-19 Policy – Sickness

In the event that You and / or Your child(ren) are unable to attend a booked charter because You and / or Your child(ren) have COVID-19, or are in COVID-19-related mandatory isolation or quarantine, You must contact us at least 48 hours prior to Your booked charter to either:
- Reschedule Your charter to a later date; or
- Cancel Your Booking and request a gift voucher to the value of Your cancelled charter, which must be used within 12 months of the original booking date.
Before offering to reschedule Your charter or provide a gift voucher, we may request that You provide evidence that You and / or Your child(ren) have COVID-19 or are in COVID-19-related mandatory isolation or quarantine, by way of a positive COVID-19 test result or government-authorised correspondence confirming the requirement for You and / or Your child(ren) to mandatorily isolate or quarantine.
Should You fail to contact us at least 48 hours prior to Your booking to reschedule or cancel Your booking or You otherwise fail to provide evidence pursuant to clause 25.b., You will forfeit the total booking price.