1. Contract Formation and Jurisdiction

When you make a booking or payment, you enter into a contract with Flying Fish Australia Pty Ltd. This contract is governed by the laws of New South Wales, and any disputes will be subject to the exclusive jurisdiction of its courts. 

2. Booking and Payment

• Less than 60 days before your course or event: Full payment is required when booking.
• More than 60 days in advance: You can secure your place with a deposit:
  • Bookings under AUD $500: Full payment required.
  • AUD $1,000–$10,000: 20% deposit.
  • Over AUD $10,000: 10% deposit.
  • Yacht charters: 50% deposit.
• The balance is due 60 days before the course or event start date.

3. Changes and Cancellations

By the Customer:

When you book with Flying Fish, you secure a place in a designated course or event. This means we allocate resources, incur expenses, and take on business risks to fulfil your reservation. Additionally, by claiming this spot, you effectively block another customer from booking it.

In the event of your cancellation, the following charges will apply:

• More than 60 days’ notice: Your deposit is non-refundable but may be held as credit for 24 months. Any additional payments (beyond the deposit) will be refunded in full.
• 30 to 60 days’ notice: A 50% cancellation fee applies. The remaining 50% is held as credit for 24 months.
• Less than 30 days’ notice: We understand that last-minute issues arise. While payments are non-refundable, we may offer a 50% credit if we can rebook your place. This credit will be valid for 24 months and assessed on a case-by-case basis.
• Discounted pre-paid vouchers: Non-refundable regardless of notice period. 

By Flying Fish:

• In the unlikely event we cancel your course or event, you will receive a full refund, including your deposit.
• Flying Fish is not responsible for any consequential loss (e.g. travel or accommodation costs) or damages arising from cancellation.

4. Force Majeure

Events beyond our control—including but not limited to natural disasters, government action, pandemics, acts of war, extreme weather conditions, significant vessel or equipment failure, accidents, or medical emergencies (affecting staff or participants)—may result in the cancellation, postponement, or curtailment of your course or event.

In such cases, Flying Fish will issue a credit equivalent to the unused portion, valid for 24 months from the date of cancellation. No cash refunds will be provided under these circumstances.

5. Medical Declaration and Insurance

• You should be confident in the water and maintain a reasonable level of fitness for the demands of your course.
• You must disclose any relevant medical condition at the time of booking.
• Medical and travel insurance is required unless you participate wholly within your country of residence and are covered for unlimited public healthcare. 
• We also strongly recommend that you consider taking out personal accident insurance and insurance to cover cancellation due to illness or other unforeseen circumstances. 
• If you are colour blind, which affects your ability to distinguish lights, please consider having an eye test before joining a yachtmaster course. Commercial skippers are required to have good colour vision.

6. Accommodation

When booking accommodation with Flying Fish, you agree to accept the accommodation allocated. Special requests will be considered, but are not guaranteed.

7. Training, Qualifications & Equipment

• Flying Fish instructors are committed to helping you achieve advertised qualifications, but no guarantee of qualification is offered.
• Passage plans and mileages are indicative only and subject to weather and operational conditions.
• Training vessels are subject to change at Flying Fish’s discretion.

8. Conduct and Compliance

Participants must always comply with Flying Fish’s operational procedures and safety instructions. Disruptive or unsafe behaviour may result in removal from the course without refund.

9. Limitation of Liability

• Flying Fish excludes all liability for personal injury (physical or mental), death, or property damage, to the maximum extent permitted by law.
• You acknowledge that sailing, boating and water-based activities carry inherent risks, including adverse weather, physical exertion, slips and falls, equipment failure, or remote locations with limited medical access. These risks can, in extreme cases, lead to injury, illness, or death. While Flying Fish takes all reasonable precautions, you acknowledge and accept these risks by participating. 
• It’s important to assess your physical condition and follow safety instructions to minimize these dangers. Your safety is a shared responsibility—both you and Flying Fish play a role in ensuring a safe experience. 
• You agree to indemnify Flying Fish against any claims, costs, or liabilities arising from your participation.
• This exclusion does not limit your Australian Consumer Law (ACL) rights.

10. Privacy

Our Privacy Policy outlines how we collect, store, and use your personal data in accordance with the Privacy Act 1988 (Cth).

11. Safety and Itinerary Changes

Your safety is our highest priority. If the skipper or instructor determines that it is unsafe or inadvisable to proceed with the scheduled passage or any part of your course—for reasons including but not limited to heavy weather, vessel or equipment failure, participant illness or injury, or any other situation that may compromise safety—Flying Fish reserves the right to alter, shorten, or cancel that part of the itinerary.

No refund or credit will be provided for changes, delays, or missed training resulting from these safety-related decisions. Alternative training or experience will be provided for the remaining course duration where possible.

For more information, contact us at [insert email address] or visit staging-flyingfishsailingau.kinsta.cloud.