Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Unhxspazi ("Company," "we," "our," or "us") concerning your use of our website unhxspazi.com and participation in our snorkeling tours and related services.

By accessing our website, booking our services, or participating in our tours, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our services.

2. Description of Services

Unhxspazi provides:

• Guided snorkeling tours to Australia's premier marine destinations
• Equipment rental and sales
• Marine education and conservation programs
• Custom snorkeling experiences and group bookings
• Safety training and certification assistance
• Transportation to snorkeling sites (where specified)

3. Booking and Payment Terms

3.1 Reservations

• All bookings must be confirmed with full payment or approved deposit
• Prices are subject to change without notice until booking is confirmed
• Group bookings may require special arrangements and deposit schedules
• Availability is subject to weather conditions and operational requirements

3.2 Payment

• Payment can be made by credit card, bank transfer, or approved payment methods
• Full payment is required at time of booking unless other arrangements are made
• Currency: All prices are in Australian Dollars (AUD)
• Additional fees may apply for payment processing

3.3 Cancellation Policy

• Customer Cancellations:
  • More than 7 days: Full refund minus 10% processing fee
  • 3-7 days: 50% refund
  • Less than 3 days: No refund unless exceptional circumstances
• Company Cancellations: Full refund or rescheduling due to weather, safety, or operational reasons
• No-shows: No refund for failure to appear at designated time and location

4. Participant Requirements and Responsibilities

4.1 Age and Health Requirements

• Minimum age: 8 years old (with adult supervision)
• Participants under 18 must have parental/guardian consent
• Basic swimming ability required for all participants
• Medical conditions must be disclosed prior to participation
• Pregnancy, heart conditions, and respiratory issues require medical clearance

4.2 Participant Conduct

Participants must:

• Follow all safety instructions and guidelines
• Respect marine life and environmental protection rules
• Not touch, damage, or collect marine organisms or coral
• Use only reef-safe sunscreen
• Remain with the group and follow guide instructions
• Report any safety concerns immediately

5. Safety and Risk Acknowledgment

5.1 Inherent Risks

Participants acknowledge that snorkeling and marine activities involve inherent risks including but not limited to:

• Drowning or near-drowning incidents
• Marine life encounters (stings, bites, allergic reactions)
• Equipment malfunction or failure
• Weather and sea condition changes
• Boat-related accidents
• Cuts, bruises, or injuries from coral or rocks
• Sun exposure and dehydration

5.2 Safety Measures

We implement comprehensive safety measures including:

• Certified and experienced guides
• Regular equipment inspection and maintenance
• Emergency response procedures and equipment
• Weather monitoring and tour adjustments
• Participant safety briefings
• First aid and emergency medical training

6. Liability and Indemnification

6.1 Limitation of Liability

To the maximum extent permitted by law, Unhxspazi, its employees, agents, and affiliates shall not be liable for:

• Personal injury, death, or property damage arising from participation in our activities
• Indirect, incidental, consequential, or punitive damages
• Losses due to weather cancellations or changes in itinerary
• Third-party actions or negligence

6.2 Indemnification

Participants agree to indemnify and hold harmless the Company from any claims, damages, or expenses arising from their participation in activities or violation of these Terms.

7. Equipment and Property

• Rental equipment must be returned in good condition
• Participants are responsible for lost, damaged, or stolen equipment
• Equipment replacement costs will be charged at retail value
• Personal equipment use is at participant's own risk
• The Company is not responsible for personal property loss or damage

8. Photography and Media

By participating in our tours, you consent to:

• Photography and video recording during activities
• Use of your likeness in marketing and promotional materials
• Social media sharing of tour photos and videos
• Educational use of underwater footage for conservation purposes

Please notify us if you do not consent to being photographed or filmed.

9. Environmental Responsibility

All participants must adhere to our environmental guidelines:

• No touching or disturbing marine life
• No collection of shells, coral, or marine specimens
• Use of reef-safe sunscreen only
• Proper disposal of all waste
• Respect for protected marine areas and regulations
• Support for marine conservation efforts

10. Weather and Operational Changes

• Tours may be cancelled or modified due to weather conditions
• Alternative activities or rescheduling will be offered when possible
• Safety takes precedence over tour completion
• Refunds for weather cancellations are at Company discretion
• Participants should be prepared for changing conditions

11. Intellectual Property

All content on our website, including text, images, logos, and videos, is protected by copyright and trademark laws. You may not reproduce, distribute, or use our content without written permission.

12. Privacy and Data Protection

Your privacy is important to us. Please refer to our Privacy Policy for information about how we collect, use, and protect your personal information.

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of Victoria, Australia, without regard to conflict of law principles.

13.2 Dispute Resolution Process

1. Direct negotiation between parties
2. Mediation through approved mediator
3. Arbitration or court proceedings in Victoria, Australia

14. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. Continued use of our services after changes constitutes acceptance of modified Terms.

15. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

16. Contact Information

For questions about these Terms of Service, please contact us:

17. Acknowledgment

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. You also acknowledge that you have been advised to seek independent legal advice if needed.