Terms & Conditions

CHILDREN

Children under 2 years old are not allowed on board due to the safety equipment sizing.
Children must be accompanied by an adult at all times.
All children must be a minimum of 90cm in height.

TOURS

Prices, tours and features are subject to change without notice.
Tours are subject to weather conditions. In the event of an unfavorable weather please contact our reservation office on +1 (345) 321 - 0588.
Tours are subject to a minimum of 14 passengers due to positive buoyancy of the submarine. An alternative tour arrangements or refund will be offered in case of cancelation.

MEDIA RELEASE

By accepting the Terms and Conditions, on behalf of all members part of the booking, you agree that any videos and still images taken during a tour can be used in future advertising and promotion campaigns, as well as for legal purposes.

CANCELLATION

A minimum notice of 24 hours is required to change of cancel your reservation.
Cancellations made within 24 hours of a booked tour will not be refunded but an alternative booking can be arranged.
All cancellations initiated by DownUnder Submarines will be refunded in full irrespective of a time of cancellation.

REFUNDS

No refunds will be given for change of mind within 24 hours of the tour.
No shows will be charged the full amount of the tour booked.

GIFT VOUCHERS

Gift Vouchers are valid for a period of 3 years from the purchase date for online purchases and booking must be made within this period. Gift Vouchers are for one use only.
All services by DownUnder Submarines are strictly subject to availability at the time of booking.
Booking using a gift voucher must be made online via the DownUnder Submarines website www.downundersubmarines.com. The voucher number must be entered in the Gift Voucher field on the booking page at the time of making the initial booking.
Gift Vouchers may be used as a payment for the Yellow Submarine Adventure tour.
The original Gift Voucher must be presented to the front desk upon check-in, otherwise a full payment must be made.
Gift Vouchers may not be redeemed for cash. No credit or change will be given on the unused portion of the Voucher. No the expiry date extensions will be available.
Gift Vouchers are not replaceable if lost, stolen or destroyed, photocopied or altered in any way and will not be accepted by DownUnder Submarines or be otherwise redeemable.
Terms are void where prohibited by law. Terms and Conditions of the Gift Voucher are governed by the law of Cayman Islands.

LIABILITY DISCLAIMER

As a passenger on a tour, you are agreeing with the following:

“I acknowledge and agree that cruising on the submarine shall be entirely at my own risk and that I shall indemnify and keep indemnified DownUnder Submarines Ltd against any loss or damage from any cause whatsoever occasioned to my person or property whilst on board the submarine”.

WATERSPORTS AND AQUATIC ACTIVITIES ASSUMPTION OF RISK AND COMPLETE RELEASE OF LIABILITY (PAGE 1 OF 2)

I UNDERSTAND THE PURPOSE OF SIGNING THIS DOCUMENT IS TO EXEMPT AND RELEASE DownUnder

Submarines Ltd, THEIR OWNERS, EMPLOYEES, AGENTS, AND ASSOCIATED PERSONNEL, AND THEIR BOAT(S)

AND/OR EQUIPMENT (WHETHER OWNED, OPERATED, LEASED OR CHARTERED), HEREINAFTER REFERRED TO

AS “RELEASED PARTIES”, AND TO HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITIES ARISING AS

A CONSEQUENCE OF THE FOLLOWING, OR ANY OTHER ACTS OR OMISSIONS ON THEIR PART, INCLUDING BUT

NOT LIMITED TO NEGLIGENCE OF ANY TYPE.

1. I UNDERSTAND THERE ARE INHERENT RISKS INVOLVED WITH SWIMMING, SNORKELING, DIVING, BOATING,

WATERSPORTS, PARASAILING, AND OTHER AQUATIC-BASED ACTIVITIES INCLUDED BUT NOT LIMITED TO

EQUIPMENT FAILURE, PERILS OF THE SEA, ACTION OF THE SEA, WIND, WAVES AND BOAT WAKE, SITTING OR

STANDING OR MOVING ABOUT OR POSITIONING MYSELF FORWARD OF THE HELM OR STEERING STATION,

HARM CAUSED BY MARINE CREATURES ENCOUNTER (INCLUDING BITES, STINGS AND/OR ATTACKS), ACTS OF

FELLOW PARTICIPANTS OR GUESTS, ENTERING AND EXITING THE WATER, TRANSFERRING BETWEEN BOATS

OR EQUIPMENT OR FACILITIES, AQUATIC-BASED ACTIVITIES, THE CONSUMPTION OF ALCOHOL, BOARDING OR

DISEMBARKING BOATS, EQUIPMENT AND/OR FACILITIES, AND ACTIVITIES ON THE DOCKS AND APPROACHES

AND ELSEWHERE. I HEREBY ASSUME SUCH RISKS.

2. The inherent risks of the activities include fatigue and/or dizziness caused by or contributed to alcohol

consumption, which may diminish my reaction time and increase the risk of accident. I understand and

acknowledge the dangers associated with the consumption of alcohol or any mind-altering substance/drugs

before and during the activities and I take full responsibility for any injury, loss or damage associated with the

consumption of the same. I agree to drink responsibly and not to consume any mind-altering substance/drugs

before and during the activities.

3. I UNDERSTAND I HAVE A DUTY TO EXERCISE REASONABLE CARE FOR MY OWN SAFETY AND I AGREE TO DO SO.

4. I assert I am physically fit to swim, snorkel and participate in aquatic-based activities and ride on a boat

and/or equipment and I will not hold the RELEASED PARTIES responsible if I am injured as a result of ANY

problems (medical, accidental, or otherwise) which occur while swimming, snorkeling, boarding or

deboarding, riding on the boat or equipment, or otherwise participating in any trip or activity.

5. If I become distressed during the trip or whilst otherwise participating in activities, I will immediately notify

the crew and ask for assistance.

6. I fully understand the involved boat and/or equipment has limited medical facilities and in the event of

illness or injury appropriate medical care must be summoned by radio or telephone and treatment will be

delayed until I can be transported to a proper medical facility. I agree in advance to these conditions.

7. The RELEASED PARTIES have made no representation to me implied or otherwise they or their crew can or

will perform safe rescues or render first aid. If I show signs of distress or call for aid, I would like assistance

and will not hold the RELEASED PARTIES, their crew, boats, equipment or passengers responsible for their

actions in attempting the performance or rescue or first aid.

8. IT IS MY INTENTION BY THIS INSTRUMENT TO GIVE UP MY RIGHT TO SUE ALL PERSONS OR ENTITIES

REFERRED TO HEREIN, WHETHER SPECIFICALLY NAMED OR NOT, AND IT IS ALSO MY INTENTION TO EXEMPT

AND RELEASE ALL RELEASED PARTIES AND TO HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITY

FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE AND I ASSUME

ALL RISK IN CONNECTION WITH SWIMMING, SNORKELING, BOATING AND AQUATIC ACTIVITIES, INCLUDING

BUT NOT LIMITED TO THE MAINTENANCE OF THE EQUIPMENT OR ORGANIZATION OF THIS ACTIVITY.

WATERSPORTS AND AQUATIC ACTIVITIES ASSUMPTION OF RISK AND COMPLETE RELEASE

OF LIABILITY (PAGE 2 of 2)

9. I have carefully read this contract in its entirety, fully understand its contents, and agree to the terms and

conditions of this contract on behalf of myself, my heirs, and my personal representatives. This document

constitutes the final and entire agreement between RELEASED PARTIES and the undersigned. There are NO

WARRANTIES expressed or implied, which extend beyond the description of the activity listed on this form.

THIS IS A COMPLETE RELEASE OF LIABILITY AND A LEGALLY BINDING CONTRACT.

10. I speak and read and understand the English language and understand the content of this document. The

captain and/or crew have explained this document to me.

11. I had ample time and opportunity to read and understand this DOCUMENT. I am aware it is a COMPLETE

RELEASE OF LIABILITY AND A LEGALLY BINDING CONTRACT between me and the RELEASED PARTIES.

I sign it of my own free will and agree to be bound by it, from the date of my signature, forever into the future.

↑Participant/Guest Signature↑ ↑Print Participant/Guest Name↑ ↑Date signed↑

Participant/ Guest Home address →

↑Participant/Guest Telephone Number↑

→Participant/Guest email information →

NOTICE TO THE MINOR CHILD’S OR OTHER PERSON FOR WHOM YOU ARE THE RESPONSIBLE NATURAL OR

LEGAL GUARDIAN

This is to certify I, as parent or guardian with legal responsibility for this participant or guest, do consent and

agree to his/her release as provided above of all Releases and, for myself, my child, my ward as participant or

guest, all heirs, assigns, and next of kin. I release and agree to indemnify and hold harmless the involvement

or participation in or observation of these programs as provided above EVEN IF ARISING FROM THE

NEGLIGENCE OF THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.

↑Signature of Parent or Guardian↑

↑Print Name of Parent or Guardian↑ ↑Date signed↑