Terms and Conditions

1. General Rules

Arrival: Passengers are required to arrive at least 15 minutes prior to the scheduled departure time. Late arrivals will not be accommodated, as it is unfair to delay the trip for other passengers.
Booking Confirmation: Customers are required to confirm their trip the day prior to departure by contacting Old Mate’s Fishing Adventures. Failure to do so may result in the cancellation of the booking without refund.
Price Variability: Charter prices are subject to change. Prices quoted at the time of booking are valid only for the trip in question unless otherwise stated. Any price adjustments will be communicated in advance of booking. If the price of your booking is changed and you do not agree to the change, then you may cancel the booking without penalty.
Obligation to Follow Instructions: Passengers are required to follow all instructions given by the captain and crew. The safety and enjoyment of all passengers are our priority, and non-compliance will result in termination of the trip without refund.
Damage Liability: Any damage caused to the vessel, equipment, or property due to negligent behaviour will result in the passenger being fully liable for the repair or replacement costs, including any associated fees, as a debt due and immediately payable.
Fishing Regulations: All fishing activities are subject to recreational fishing regulations. Passengers must comply with the directions of the crew in relation to permitted catches and when fish must be released.
Fish Cleaning and Filleting: Old Mate’s Fishing Adventures provides fish cleaning and filleting services as part of the booking, subject to recreational fishing regulations.
Fishing Equipment: Old Mate’s Fishing Adventures will supply fishing equipment to passengers. However, passengers may bring their own fishing equipment at their own risk with the prior approval of Old Mate’s Fishing Adventures, subject to recreational fishing regulations and the health and safety requirements of the vessel.

Australian Consumer Law: Under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL), statutory guarantees apply to the supply of services. As passengers are engaging in recreational services, under the ACL, Old Mate’s Fishing Adventures requires each passenger to agree to exclude their rights in relation to these statutory guarantees by signing a liability waiver. It is a condition of entry onto the vessel that a liability waiver be signed.

2. Passenger Limits

The maximum number of passengers allowed on board is 5. However, we recommend a maximum of 4 passengers for a more comfortable and enjoyable experience. Any deviation from this recommendation will be at the passenger's own risk and discretion.

3. Booking and Payments

Security Details: A deposit of 50% of the total charter price is required at the time of booking, along with valid credit card details to secure the reservation. The remaining balance is due prior to departure unless otherwise agreed. Credit card details will only be used in accordance with our terms and conditions and will not be charged unless specified.
Booking Modifications: No changes will be made to the credit card details unless in accordance with these terms. Any unauthorised modifications or use of credit card details will result in immediate cancellation of the booking without refund.
Refunds and Reschedules: All trips are refundable if cancelled by Old Mate’s Fishing Adventures due to weather conditions or other factors beyond our control. If you are unable to attend a rescheduled trip, a full refund will be issued.

4. Cancellations and Refunds

Cancellation Fee: Cancellations by the customer are subject to a $250 administrative fee to cover processing costs, which is a genuine pre-estimate of the time and administration cost of preparing for your booking.
Cancellation Policy: To cancel a booking, Old Mate’s Fishing Adventures requires a minimum of 7 days’ notice. If the customer fails to provide this notice, the 50% deposit is forfeited (but no separate administration fee is payable in that instance).
Late Cancellations: Cancellations made within 3 days of the scheduled trip will result in the customer being liable for the full cost of the charter (but no separate administration fee is payable in that instance). Your credit card will be charged the full amount of the trip.
Cancellation by Old Mate’s Fishing Adventures: If Old Mate’s Fishing Adventures is forced to cancel your trip, you may either transfer your deposit to an alternative date or receive a full refund.
Unwell Passengers: If a passenger becomes unwell during the trip and requests to return to shore, no refund will be issued. The skipper’s discretion will determine whether a return to shore is necessary, but this will not entitle the passenger to a refund.
Liability for Additional Costs: Old Mate’s Fishing Adventures is not responsible for any indirect costs incurred due to a trip cancellation, including but not limited to travel, meals, or accommodation expenses.

5. Weather Conditions

Weather Dependence: All charters are subject to suitable weather conditions as determined by the skipper. In the event of poor weather, we reserve the right to cancel the trip at any time, even at short notice.
Rescheduling: If a trip is cancelled due to weather conditions, the skipper will prioritise rescheduling the charter to another date rather than cancelling it outright.
Skipper’s Decision: The skipper will contact the customer before the scheduled trip to discuss the likelihood of weather disruptions. The decision to proceed with or cancel the trip is solely at the skipper’s discretion.

6. Safety Briefing

Mandatory Safety Brief: A mandatory safety briefing will be given to all passengers prior to departure. All passengers must participate in the briefing to ensure their safety during the trip. If a passenger does not attend or refuses to participate in the mandatory safety brief, they will be denied entry onto the vessel.
Medical Conditions: Passengers must disclose any pre-existing medical conditions, allergies, or medications before departure. Failure to disclose this information may result in immediate termination of the trip without refund.
Life Jackets: The skipper reserves the right to require any passenger to wear a life jacket at any time during the trip, regardless of swimming ability.
Children: Passengers under the age of 16 must always be accompanied by an adult.
Passenger Safety: Passengers are required to always follow all safety procedures. The skipper has the right to refuse or remove any passenger who is deemed a safety risk.

7. Customer Behaviour

Respectful Behaviour: All passengers must behave in a manner that is respectful to the crew, fellow passengers, and the property of Old Mate’s Fishing Adventures. Any behaviour deemed unsafe, disruptive, or offensive will result in immediate removal from the trip without refund.
Liability for Damages: Passengers are responsible for any damage caused to the vessel or equipment through negligence or reckless behaviour. The cost of repairs or replacement will be charged to the customer’s credit card.
Right to Terminate the Trip: The skipper has the absolute right to terminate the trip if any passenger is found to be engaging in antisocial or dangerous behaviour. In such cases, no refunds will be issued, and the charter will return to port immediately.
Personal Property: Old Mate’s Fishing Adventures takes no responsibility for any personal belongings brought on board. Passengers are solely responsible for their property, and we are not liable for any loss or damage to personal items.

8. Passenger Liability

General: Old Mate’s Fishing Adventures is not liable for any activities or injuries that occur while passengers are not on the vessel. For example, entering the water to swim or spearfish, or leaving the vessel to access the surrounding islands.
Accidental Injury: If passengers experience an injury while on the vessel, they must notify a member of the crew immediately.
Leaving the Vessel: If passengers leave the vessel at any time during the trip (e.g., to swim, walk on a beach, etc.), they do so as their own risk.
Injuries on Tender: Passengers using the tender (small boat) to access or leave the main vessel do so at their own risk. Old Mate’s Fishing Adventures assumes no liability for injuries or accidents that occur during such activities.

9. Alcohol Policy

Alcohol Consumption: Responsible alcohol consumption is permitted onboard. However, passengers are expected to remain in control of their actions at all times.
Refusal of Alcohol: The skipper has the right to refuse alcohol if it is deemed unsafe to consume or if it is affecting a passenger’s behaviour.
Under the Influence: Passengers deemed to be intoxicated or under the influence of alcohol or drugs prior to departure may be refused entry to the boat.
Glass Policy: There is a NO GLASS POLICY on board for safety reasons. All drinks must be in suitable containers (e.g., cans or plastic bottles).

10. Global Positioning System (GPS) and Device Policy

GPS Devices: All GPS-enabled devices, including phones with location-tracking features, are strictly prohibited on the vessel. Such devices may be confiscated and wiped for the protection of our fishing locations.
Phone Use: All phones must be turned off and securely stored once the boat leaves the harbour. Phones will be returned to passengers upon return to port.
Property Loss: Old Mate’s Fishing Adventures does not provide cover for passengers’ property while it is on the vessel. Passengers bring their property onto the vessel at their own risk. It is recommended that passengers do not bring valuables such as jewellery, watches, or phones onto the vessel.
Fishing Marks: Any attempts to track or record fishing locations will result in immediate termination of the charter without refund. This is a non-negotiable rule to protect the integrity of our business and fishing operations.
Confidentiality: Each passenger must keep confidential and not use or disclose any fishing locations or other information learned while on a trip with Old Mate’s Fishing Adventures.

11. General

Assignment of Debt: Any debt owed to Old Mate’s Fishing Adventures may be assigned to a debt collector, debt collection agency, or other third party. Passengers are liable for recovery fees in such cases.
Disputes: A party may not commence court proceedings relating to any dispute arising from, or in connection with, these terms and conditions (Dispute) without first meeting a representative of the other party within 10 business days of notifying that other party of the Dispute. If the parties cannot resolve the Dispute at that meeting, either party may refer the Dispute to mediation administered by the Australian Disputes Centre.

Force Majeure: Neither party will be liable for any delay or failure to perform their respective obligations if such delay or failure is caused or contributed to by an event or circumstance occurring outside of that party’s reasonable control.

Governing Law: These terms and conditions are governed by the laws of Western Australia.

By booking a trip with Old Mate’s Fishing Adventures, you agree to abide by these terms and conditions. Failure to comply with any of the terms outlined may result in termination of the charter without refund, and any damages incurred will be charged to the responsible party.