Montebello Island Safaris

Terms & Conditions

By signing these terms and conditions (“the Terms and Conditions”), the passenger outlined in the schedule to these Terms and Conditions (“the Passenger”), in its dealings with Montebello Island Safaris (ABN 86 526 902 187) which include its agents, employees and officers (“the Company”), agrees to the Terms and Conditions and agrees to be legally bound by them.

1.1 The Passenger agrees to pay the Company the price set out in the schedule to these Terms and Conditions (“the Price”).

1.2 The Passenger agrees to pay the Price to the Company in the following manner:

1.2.1 Payment of a non-refundable deposit in the sum of $800.00 (“the Deposit”). Payment is due according to date on invoice. Upon the payment of the deposit the Passenger is deemed to agree to the Terms and Conditions. Terms and Conditions must be signed and returned to the Company prior to departure on charter. If the Passenger does not pay the Deposit by the date indicated on the invoice then the company may offer the Passenger’s berth aboard the Montebello Island Safari (“the Charter”) to any other person, without incurring any liability to the Passenger; and

1.2.2 Payment of the non-refundable balance of the Price in full at least one hundred & twenty (120) days prior to the departure date as set out in the schedule to these Terms and Conditions (“the Departure Date”). If the Passenger does not pay in full the balance of the Price in accordance with the time frame specified in this clause, then the Company is free to offer the Passenger’s berth aboard the Charter to any other person, without incurring any liability to the Passenger.

1.2.3 Each Passenger is required to provide a valid certificate or official receipt of travel insurance that is effective for the entire duration of the trip, including all dates covered by the charter and related transit. No booking will be confirmed, nor will a Passenger be permitted to board, without this proof of insurance. Failure to supply this documentation may result in cancellation of the booking without refund. It is the Passenger’s responsibility to ensure that the travel insurance policy meets the minimum requirements set by Montebello Island Safaris, including coverage for medical emergencies, trip cancellation, evacuation, and baggage loss. 

See Our Travel insurance section Point 3 for more details and your peace of mind. 

CANCELLATION POLICY

Cancellation Policy 

Our charters hold limited numbers, many of our tours sell out. For this reason, we request that you cancel at least 90 days before your scheduled tour. This will allow us to offer your spot to another person. Please note however, that deposits are non-refundable. You may call us on 0419 091 670 anytime to discuss your options.

For cancellations more than 90 days from departure date, Montebello Island Safaris will endeavour and make all attempts to fill the places made available from cancellation, and if successful payment will be returned to you in full minus the deposit/booking fee wherever possible.

Cancellation Options

  1. You may cancel and defer your payment to a future trip
  2. If you choose to cancel and either yourself or Montebello Island Safaris find a replacement for your spot, then you can be refunded, minus deposit and a 15% admin fee
  3. If you choose to cancel and no replacement can be found, then you will be liable for the full cost of the trip

Montebello Island Safaris does not accept in part or full the responsibility for such things as force majeure, war or for the actions of other carriers that may result in the purchaser failing to observe a booking condition. Montebello Island Safaris recommends that passengers arrange adequate cancellation policy insurance and or adequate travel insurance.

For cancellations within 90 days of departure date all monies will be forfeited unless a suitable replacement is found. In the case a suitable replacement is found any monies paid can be returned to you minus deposit and 15% admin fee.

It is important that customers take out compulsory travel insurance (for your bookings to be finalised) to cover themselves for any monetary loss due to charter cancellation. We recommend https://www.surftravelinsurance.com.au/montebello-island-safaris/ who also provide a 10% discount for our customers. Please always read the PDS to ensure cover is suitable to your needs.

Please feel free to call us on 0419 091 670 or email us at admin@montebello.com.au

P O BOX 388  EXMOUTH  W.A.  6707 

P: 0419 091 670       E: admin@montebello.com.au   

3.1 All Passengers are required to obtain a valid and comprehensive travel insurance policy covering the full duration of the Charter, as well as associated transit to and from Exmouth, Western Australia.

3.2 Proof of travel insurance—such as a certificate of currency or official receipt—must be submitted to the Company not less than fourteen (14) days prior to departure. Confirmation of booking and permission to board will only be granted upon receipt and verification of this documentation.

3.3 The travel insurance policy must provide coverage for:

• Medical emergencies, including evacuation expenses

• Trip cancellation, interruption, and delays

• Loss, theft, or damage of personal property and luggage

• Any additional risks associated with remote travel and marine activities


3.4 Failure to provide satisfactory evidence of adequate travel insurance will result in cancellation of the Passenger’s booking. No refunds or compensation will be paid in such circumstances.


3.5 It is the Passenger’s responsibility to ensure that the chosen insurance policy meets all minimum coverage requirements specified by Montebello Island Safaris. The Company accepts no liability for monetary loss, medical costs, evacuation expenses, cancellation costs, or damages arising from inadequate or expired travel insurance.


3.6 Montebello Island Safaris recommends consulting our preferred travel insurance providers for suitable options (see website link in this section) and reading the Product Disclosure Statement (PDS) to confirm policy suitability for your needs.


It is important that customers take out travel insurance to cover themselves for any monetary loss due to charter cancellation. We strongly recommend https://www.surftravelinsurance.com.au/montebello-island-safaris/ who also provide a 10% discount for our customers. 

Please always read the PDS to ensure cover is suitable to your needs. 

4.1 Transportation

4.1.1 The Company will provide the Passenger with return transportation from Exmouth, Western Australia to the Full Monte Houseboat moored at “Claret Cove” in the Montebello Islands, Western Australia (“the Houseboat”) aboard the vessel known as the ’Kylin’ or as varied from time to time.

4.1.2 The Passenger is personally responsible for organising and paying for all transportation associated with getting to and from Exmouth, Western Australia.

4.2 Accommodation

4.2.1 The Company will provide the Passenger with five (5) nights’ accommodation aboard the Houseboat moored at “Claret Cove” in the Montebello Islands, Western Australia.

4.2.2 The Company will provide the Passenger with a mattress, blanket and a pillow.

4.2.3 The Passenger must provide a single sheet set and pillowcase(s) and acknowledges that a swag is not an alternative to this requirement.

4.3 Food and Beverages

4.3.1 The Company will provide the Passenger with three (3) meals per day and some limited beverages including tea, coffee, cordial and a selection of breakfast juices. If the Passenger has any special dietary requirements then the Passenger must notify the Company of any such dietary requirements at least four (4) weeks prior to the Departure Date.

4.3.2 The Passenger acknowledges that the provision of all other food and beverages are his or her responsibility.

4.4 Activities

The Company will endeavour to supply all of the activities listed in the Company’s promotional material including the activities specified on the Company’s website (“the Activities”) to the Passenger. The Company does not warrant that all Activities shall be available for the Passenger’s use on the Charter.

4.5 Dive Master(Fee,s apply)

The Company shall not supply scuba diving on the Charter unless the Passenger requests scuba diving when returning these signed Terms and Conditions and the Company is able to organise a dive master to be aboard the Charter. In the event that scuba diving is offered by the Company aboard the Charter then the following conditions shall apply:

4.5.1 Only six (6) people can be taken scuba diving at any one time unless the Company is notified at the time of returning these Terms and Conditions that more than six (6) people wish to scuba dive at once to enable the Company to make the necessary arrangements to accommodate the extra divers. If the Company is able to arrange an additional dive master to accommodate the passengers request then the Passenger shall incur an extra charge proportionate to the amount incurred in supplying the extra dive master which shall be payable by the Passenger prior to the Departure Date.

4.5.2 The Passenger undertakes scuba diving at his or her own risk.

4.5.3 The Passenger undertakes scuba diving at his or her own risk.

4.5.4 The Passenger must complete the Company’s “Advice to Divers” form.

4.5.5 The Company will provide scuba tanks and weight belts.

4.5.6 The Passenger must provide all other personal scuba dive gear.

4.5.7  Private Charters only Dive Master fees apply

4.6 Dinghies

The Company offers the Passenger the use of the Company’s dinghies whilst aboard the charter. However, the Company’s dinghies may only be used when they are skippered by a person holding a current Recreational Skipper’s Ticket and the original version of that ticket has been shown to the Company upon request.

The company takes no responsibility should a passenger injure themselves whilst using the dinghies.

Passengers must not venture onto the islands/beaches whilst using the dinghies. The Company takes no responsibility should a passenger injure themselves if they venture on to the islands/beaches.

The Passenger must be at the Exmouth Boat Harbour (accessed from Madaffari Street), Exmouth, and ready to board by no later than 09am on the Departure Date.

NOTE All passengers must contact Montebello Island Safaris on 0419091670 on arrival in Exmouth to be advise of any changes to departure time and place.

The Company reserves the right to, without notice:

6.1 Cancel or vary the Services in any way and for whatever reason without any liability to the Passenger.

6.2 Substitute or vary any of the vessels used to carry out the Services including the Houseboat with any other boating vessel capable of fulfilling the Services at the absolute discretion of the Company without any liability to the Passenger.

The Services are not transferable by the Passenger without written notification to Montebello Island Safaris to any other person.

A Passenger who cancels their position aboard the Charter but finds a replacement passenger to take their place must transfer the Price to the replacement passenger.

The Passenger must not take onto any vessel used by the Company for the provision of the Services any glass (excluding beer and, wine bottles). However the Passenger is encouraged to use alternatives to glass bottles wherever possible. Weapons, explosives, volatile spirits, corrosives, easily ignitable articles, recreational drugs  or offensive things of any kind that may cause inconvenience or harm to any other persons on the Charter or endanger or cause damage to the boating vessels used by the Company for the provision of the Services are not permitted on the charter.

Except as otherwise provided by these Terms and Conditions and only to the extent permitted by West Australian law:

(a) The Company, its employees, officers, and agents accept no liability whatsoever for the death of, or injury to, any person, or for any loss of, or damage to, baggage or personal property, or for any consequential or indirect loss of any kind, arising directly or indirectly from any act, omission, negligence, accident, or other cause in connection with the supply, non-supply, or conduct of the Services; and

(b) The Company does not warrant and accepts no responsibility for the completeness or accuracy of any information relating to the Services, whether provided by the Company or any third party.

This clause is subject to, and does not limit or exclude, any rights or remedies that cannot by law be excluded, including those provided for under the Australian Consumer Law or the Limitation of Liability for Maritime Claims Act 1989 (Cth)

The Passenger agrees to comply with all:

(a) Laws, regulations and all instructions of the Company whilst aboard any vessel used by the Company for the provision of the Services;

(b) Notices exhibited on any vessel used by the Company for the provision of the Services; and

(c) Acts, Regulations and licence conditions as they relate to the Montebello Islands Marine Park.

(d) Any and all commands given by vessel Master.

 

(a) The Passenger warrants that they are not aware of any existing medical condition or disability that could affect their ability to safely participate in and complete the Charter. The Passenger further warrants that they have made full and frank disclosure to the Company of any medical condition, medication, allergy, disability, or other circumstances that may in any way impact their ability to take part in Charter activities. The Company may, at its sole discretion, require a medical clearance, and may refuse participation where there is reasonable concern for health or safety.

(b) The Passenger acknowledges and accepts that the Charter involves activities that take place in a remote marine environment some hours from the nearest port, and that such activities—including but not limited to deep sea fishing, boating, swimming, and diving—carry inherent risks to persons and property. The Passenger acknowledges that delays in access to transportation and medical facilities may occur and that emergency evacuation may be subject to significant time and logistical constraints.

(c) The Passenger acknowledges that facilities for medical treatment in Exmouth are limited and that where specialised or emergency medical care or evacuation is required, all costs associated with such treatment, evacuation, or delayed repatriation are solely the responsibility of the Passenger.

(d) The Passenger expressly assumes all risks associated with participation in the Charter and related activities, including but not limited to injury, illness, property loss, delays, and the challenges of a remote, marine operating environment. The Passenger releases and indemnifies Montebello Island Safaris, its officers, employees, and agents, from and against all claims, demands, proceedings, liabilities, losses, damages, costs, and expenses of any kind (including legal costs on a solicitor-client basis) arising out of or in relation to personal injury, death, or property loss/damage occurring during or arising from the Charter, except to the extent caused by the gross negligence or wilful misconduct of the Company.

(e) The Passenger confirms their understanding and acceptance of these risks and indemnity obligations as a condition of booking and participation in any Charter.

The Company may, at its sole discretion, determine that:

(a) The Passenger has breached any of these Terms and Conditions, appears to be under the influence of any prohibited substance, or that such action is necessary for the safety, security, or comfort of other persons aboard any vessel used by the Company in connection with the provision of Services. In such cases, the Company may terminate this Agreement with the Passenger and remove the Passenger from the Charter immediately, with all associated expenses to be borne by the Passenger. If this right is exercised, the Price paid shall be non-refundable.

(b) Weather conditions or other unforeseen safety concerns render it unsafe or impracticable to operate the Charter or any part thereof. In such circumstances, the Company reserves the right to shorten or cancel all or part of the Charter. The Passenger acknowledges and agrees that any claims for loss, damages, or refunds arising from such decisions must be pursued solely through their travel insurance provider. The Company expressly disclaims any liability or obligation to provide refunds or compensation in these circumstances.

(a) The Company reserves the right to charge the Passenger a fuel levy at any time before the Departure Date where the Company determines that it is necessary due to an increase in the price in fuel.

(b) Failure by the Passenger to pay any imposed fuel levy prior to the Departure Date may result in the Company cancelling the Passenger’s berth aboard the Charter without incurring any liability to the Passenger and no refund due to the Passenger.

14.1 The Company will not be liable for any loss or damage to the Passenger’s luggage or to any possessions of the Passenger.

14.2 Any luggage or possessions left behind by the Passenger at the conclusion of the Charter will be held by the Company for fourteen (14) days. If the luggage or possessions are not claimed within fourteen (14) days then they will become the property of the Company.

14.3 All costs incurred by the Company in returning the luggage or possessions to the Passenger shall be the responsibility of the Passenger.

These Terms and Conditions are subject to and shall be construed in accordance with the laws of Western Australia and the Passenger agrees to submit to the  jurisdiction of the Courts of Western Australia.