General Terms

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Dunk Island - General Terms and Conditions

These General Terms and Conditions (Terms) govern entry to and use of those parts of Dunk Island (Island) under the operation or control of Green Operator. Other parts of Dunk Island are National Park or otherwise not controlled by Green Operator. These Terms do not apply to those areas except to the extent a Visitor accesses them in connection with services provided by Green Operator.

Green Operator 2 Pty Ltd (ACN 661 961 333), as lessee of Lot 9 on SP313352 under registered lease number 723472349 granted by Cassowary Coast Regional Council, together with Green Operator 1 Pty Ltd (ACN 661 919 839) (together, Green Operator), operate a campground, amenities block, camp kitchen, BBQ area and restaurant on the Island. Green Operator also operates under the registered business name Dunk Island Group. Persons attending Lot 9 or any other part of the Island (defined herein as Visitors) do so at the discretion of Green Operator. By entering the Island, you agree to be bound by these Terms.

 

If you do not agree to these Terms, you must not enter the Island.

 

1.      INVITATION FOR VISITORS

1.1.     Entry to the Island is granted at the discretion of Green Operator.

1.2.     Visitors must comply with:

(a)     all applicable laws of Queensland and Australia;

(b)     all directions given by Green Operator or its Personnel;

(c)     all signage located at the Island;

(d)     any Booking Terms and conditions applicable to experiences, accommodation, transfers or tours;

(e)     the Island’s opening hours as published on the Green Operator website or notified from time to time;

(f)      requirements of any regulator or authority with jurisdiction over the Island; and

(g)     these Terms.

1.3.     Green Operator may amend these Terms at any time by publishing updated terms on its website.

 

2.      NATURE OF THE ISLAND

2.1.     Visitors acknowledge that the Island is a natural and remote tropical island.

2.2.     Visitors acknowledge that the Island is not a controlled urban or indoor environment and may contain hazards typical of a remote tropical island environment, including but not limited to:

(a)     uneven terrain, holes, rocks, sand, mud, coral, cliff faces, natural obstacles and other bodies of water;

(b)     tidal waterways, beaches, the open ocean and reef environments;

(c)     wildlife including snakes, spiders, crocodiles, sharks, jellyfish, bees, mosquitoes and other insects, and other marine and land animals;

(d)     tropical weather conditions including rain, cyclones, storms, heat, humidity, high seas or slippery surfaces;

(e)     operational vehicles, sea vessels, watercrafts, equipment and island infrastructure;

(f)      vegetation, trees, roots, fallen branches and natural ground obstacles; and

(g)     marine park environments with submerged hazards including rocks, coral and other objects.

2.3.     Visitors acknowledge that conditions on a remote tropical island may change rapidly due to weather, tidal movements, wildlife activity or operational activities, and that the Island may not be maintained to the same standard as urban commercial premises.

2.4.     Visitors agree to take reasonable care for their own safety and the safety of others while on the Island.

2.5.     Visitors acknowledge that:

(a)     Green Operator does not own, control, maintain, or supervise all areas of the Island or surrounding waters;

(b)     certain areas are owned, managed or regulated by third parties, including government authorities;

(c)     Green Operator makes no representation or warranty as to the condition, safety or accessibility of those areas; and

(d)     entry to or use of those areas is entirely at the Visitors’ own risk.

 

3.      RECREATIONAL ACTIVITY ACKNOWLEDGEMENT

3.1.     Entry to, wandering around and staying on the Island including but not limited to activities such as swimming, sight-seeing, watersport or water-based activities, hiking, or other applicable activities, constitutes participation in a dangerous recreational activity within the meaning of the Civil Liability Act.

3.2.     Risk Warning

The Island is a natural and remote tropical environment and entry involves participation in dangerous recreational activities which may involve significant inherent risks, including but not limited to:

(a)     interaction with wildlife, marine life and other animals;

(b)    uneven ground, natural terrain and environmental conditions;

(c)     open oceans and marine environments;

(d)    land-based recreation activities including yoga, pilates, exercise classes, or fitness classes;

(e)     watersports and water-based recreational activities including stand-up paddleboarding, paddleboarding, kayaking, snorkelling and swimming;

(f)     weather conditions including storms, cyclones and high seas;

(g)    wildlife, insects and natural hazards; and

(h)    the remote location of the Island and limited access to emergency services.

These risks may result in personal injury, illness, property damage or death.

Visitors acknowledge that they have been given a risk warning for the purposes of the Civil Liability Act.

3.3.     Visitors acknowledge that dangerous recreational activities on a remote tropical island, including entry to and staying on the Island, involve inherent and Obvious Risks including the risk of serious injury or death.

3.4.     Visitors voluntarily assume all risks associated with entering the Island and participating in activities on the Island.

3.5.     To the maximum extent permitted by law, Green Operator is not liable for harm arising from Obvious Risks of recreational activities and is not liable in negligence for harm arising from the materialisation of an Obvious Risk or an inherent risk within the meaning of the Civil Liability Act.

 

4.      ASSUMPTION OF RISK

4.1.     Each Visitor acknowledges that they enter the Island entirely at their own risk.

4.2.     Visitors acknowledge and agree that:

(a)     entry to the Island and participation in Island Activities involve Obvious Risks, inherent risks and other risks of harm;

(b)     those risks may result in personal injury, illness, death, property damage or other Loss; and

(c)     to the maximum extent permitted by law, those risks may include risks arising from the negligence of Green Operator or its Personnel,

and Visitors freely and voluntarily assume all such risks.

4.3.     Without limiting clause 4.2, Visitors accept full responsibility for any injury, death, property damage or other Loss arising from risks associated with any of the matters in clause 2 and clause 3.

 

5.      RELEASE OF LIABILITY

5.1.     To the maximum extent permitted by law each Visitor releases Green Operator and its Personnel from any Claim arising from or in connection with:

(a)     personal injury;

(b)     illness;

(c)     death;

(d)     property loss or damage; and

(e)     any other Loss,

arising from entry to or use of the Island.

5.2.     Nothing in this clause excludes liability for:

(a)     fraud;

(b)     wilful misconduct;

(c)     reckless conduct; and

(d)     gross negligence,

to the extent such liability cannot lawfully be excluded.

 

6.      INDEMNITY

Visitors indemnify and hold harmless Green Operator and its Personnel against any Claim or Loss arising from:

(a)    the Visitor’s breach of these Terms;

(b)    the Visitor’s negligent or unlawful conduct; and

(c)    damage caused by the Visitor to property or other persons.

 

7.      CHILDREN

7.1.     Children under 18 years of age must be supervised at all times by a responsible adult.

7.2.     Adults are responsible for the safety and behaviour of children in their care.

 

8.      RESTRICTED AREAS

8.1.     Visitors must not enter any Restricted Area.

8.2.     Restricted Areas may include:

(a)     the freehold portion of the Island, including former resort lots which are private property, are currently closed to the public due to refurbishment works;

(b)     airstrip, runway and flight apron;

(c)     any other part of the Island sign-posted by Green Operator as closed or restricted from public access;

(d)     any area designated as a Restricted Area by Green Operator at that time;

(e)     any area of the Island that forms part of any Local National Park;

(f)      Great Barrier Reef Marine Park;

(g)     Island jetty; and

(h)     staff-only areas.

8.3.     Green Operator may designate additional Restricted Areas at any time.

8.4.     Entry into Restricted Areas is strictly prohibited. Any Visitors who enter Restricted Areas may be considered a trespasser, may be removed from the Island, and may be referred to law enforcement or other relevant authorities.

8.5.     Visitors acknowledge that the surrounding waters of the Island form part of the Great Barrier Reef Marine Park, which is managed and regulated by the Great Barrier Marine Park Authority (GBRMPA). Visitors entering or travelling through the Great Barrier Reef Marine Park surrounding the Island must comply with all applicable requirements of the Great Barrier Reef Marine Park Act 1975 (Cth) and the regulations and zoning plans made under it, including restrictions on anchoring, fishing, the collection of marine life or coral, and any other activity regulated or prohibited by GBRMPA. Visitors operating private vessels must comply with the requirements of the Australian Maritime Safety Authority. Green Operator does not warrant safe access to or through the Great Barrier Reef Marine Park and accepts no responsibility for the safety or condition of any waters, reefs, shoals or other marine features that surround the Island.

8.6.     The Island airstrip is situated on the Former Resort Lots, which are private land, and form part of a Restricted Area closed to public access. Without limiting clauses 8.1 and 8.2, Visitors must not:

(a)     access, enter, or traverse any part of the airstrip or its surrounding infrastructure;

(b)     land, operate, or attempt to land any aircraft on any part of the Island, including fixed wing aircrafts, gliders, rotary aircraft, or any other form of aerial vehicle, without the prior written approval of Green Operator; or

(c)     interfere with, obstruct, or compromise the operational availability of the airstrip in any way.

8.7.     Visitors acknowledge that the airstrip must be kept clear and operationally available for emergency services and approved aircrafts at all times. Any Visitor found on or interfering with the airstrip may be removed from the Island and referred to the Police or relevant aviation or safety authorities.

 

9.      DRONES AND UNMANNED AERIAL VEHICLES

9.1.     Visitors must not operate any drone, unmanned aerial vehicle (UAV), remotely piloted aircraft system (RPAS) or other aerial device on or over the Island or its surrounding waters without the prior written approval of Green Operator.

9.2.     Any approved drone or UAV operation must comply with all applicable requirements of the Civil Aviation Safety Authority (CASA) under the Civil Aviation Safety Regulations 1998 (Cth), including any registration, licensing and operational restrictions applicable to the Island’s location and airspace.

9.3.     Any Visitor found operating a drone or UAV in breach of this clause may be required to cease operation and remove the device from the Island and be referred to CASA or other relevant regulatory or aviation authorities. Green Operator accepts no responsibility for any damage to or loss of drone equipment arising from any such action.

 

10.    WATERSPORTS AND WATER-BASED ACTIVITIES

10.1.  Visitors who participate in watersports or water-based activities, including but not limited to stand-up paddleboarding, paddleboarding, kayaking, snorkelling and swimming, acknowledge that these activities involve significant inherent and Obvious Risks, including risk of serious injury or even death.

10.2.  Visitors acknowledge that watersports and water-based activities on and around the Island constitute participation in a dangerous recreational activity within the meaning of the Civil Liability Act. These activities involve significant inherent and Obvious Risks, including but not limited to:

(a)     drowning or near-drowning;

(b)     collision with other persons, watercraft, vessels, submerged rocks, coral, or other objects;

(c)     equipment failure, malfunction or misuse;

(d)     dangerous marine life including sharks, crocodiles, jellyfish and stingers;

(e)     adverse weather, tidal conditions, strong currents, or rapidly changing sea conditions; and

(f)      the remote location of the Island and delayed access to emergency or rescue services.

10.3.  Visitors acknowledge that they have been given a risk warning for the purposes of the Civil Liability Act and voluntarily assume all risks associated with participation in watersports and water-based activities. These risks may result in personal injury, illness, property damage, or death.

10.4.  Visitors participating in watersports or water-based activities must comply with all directions given by Green Operator Personnel regarding the safe use of equipment and areas permitted for such activities.

10.5.  Visitors must not participate in any watersports or water-based activities if they are not physically capable of safely doing so, or whilst under the influence of drugs or alcohol.

10.6.  Visitors acknowledge that particular watersport equipment is not guaranteed to be available and such activities may be suspended or cancelled due to any weather conditions or other safety concerns.

10.7.  To the extent permitted by law, Green Operator is not liable for harm arising from Obvious Risks of watersports or water-based activities pursuant to the Civil Liability Act.

 

11.    SWIMMING SAFETY AND ABSENCE OF LIFEGUARDS

11.1.  There are no lifeguards patrolling any beach, swimming area or surrounding waters of the Island at any time. Visitors swim and participate in water-based activities entirely at their own risk. 

11.2.  Swimming and water-based activities are only permitted in areas designated or approved by Green Operator from time to time. Visitors must not swim in non-designated areas, including areas adjacent to the Island jetty, in restricted tidal waterways, or in any area closed by signage or Personnel direction.

11.3.  Visitors are strongly advised not to swim alone. Green Operator recommends that Visitors swim with a companion and remain within sight of other persons at all times.

11.4.  Visitors are warned that marine stingers, including jellyfish, may be present in the waters surrounding the Island, particularly during stinger season (approximately October to May each year). Visitors are encouraged to observe current stinger warnings and wear appropriate protective stinger suits when swimming or undertaking water-based activities.

11.5.  Green Operator does not guarantee the availability of stinger suits, safety equipment or first aid facilities, and makes no warranty as to the safety of water conditions at any given time. Visitors are responsible for monitoring conditions and assessing their own fitness to enter the water.

 

12.    PERSONAL PROPERTY

12.1.  Visitors bring personal belongings onto the Island at their own risk.

12.2.  Green Operator accepts no responsibility for lost, stolen or damaged items.

 

13.    VISITOR CONDUCT

13.1.  Visitors must:

(a)     behave responsibly and respectfully;

(b)     follow directions from Personnel;

(c)     not damage property;

(d)     not interfere with Island operations;

(e)     not display or distribute any advertising material, slogans or advertising notices;

(f)      dispose of waste appropriately in designated bins or remove it from the Island;

(g)     not bring any prohibited equipment onto the Island without the prior written approval of Green Operator;

(h)     not produce excessive noise after 10:00pm each evening;

(i)      follow all emergency procedures and evacuation directions given by Green Operator, Personnel, or emergency services; and

(j)      cooperate with any security personnel or Island staff.

13.2.  Visitors must not remove, pick, cut, or take any vegetation, plants, trees, sand, rocks, coral, or other materials from the Island without prior written consent from Green Operator.

13.3.  Visitors must not bring any vegetation or wildlife onto the Island without the prior written approval of Green Operator.

13.4.  Visitors must comply with all applicable environmental laws when on the Island or in its surrounding waters. Visitors must not introduce invasive species, damage protected habitats, or disturb protected wildlife. Visitors who cause environmental damage may be referred to relevant regulatory authorities.

 

14.    ALCOHOL AND DRUGS

14.1.  Visitors must not attend the Island while intoxicated or under the influence of illegal drugs.

14.2.  Green Operator may refuse entry or remove any person who appears intoxicated or impaired.

14.3.  Alcohol may only be consumed in areas authorised by Green Operator.

 

15.    SMOKING AND VAPING

15.1.  Smoking and vaping are prohibited except in designated areas.

15.2.  Visitors must comply with all fire safety directions.

15.3.  Due to fire risk on remote tropical islands, Green Operator may prohibit smoking entirely during periods of high fire danger.

15.4.  Visitors must not bring to or light any fires, candles, sparklers, fireworks, or other open flames at the Island.

 

16.    PETS AND VISITOR ANIMALS

16.1.  Pets or animals are not permitted on the Island unless expressly approved by Green Operator.

16.2.  Approved animals must:

(a)     remain on a leash;

(b)     remain under control at all times; and

(c)     not disturb wildlife or other animals.

16.3.  Visitors are liable for any damage or injury caused by their animals.

 

17.    MEDICAL AND HEALTH

17.1.  Visitors must ensure they are physically fit and capable of safely participating in activities on the Island.

17.2.  Visitors with medical conditions that may be aggravated by remote tropical environments should seek medical advice before visiting.

17.3.  Green Operator does not guarantee that medical personnel, first aid services, evacuation services or emergency response services will be timely or accessible and delays may occur due to the remote location of the Island.

17.4.  Visitors must notify Personnel as soon as practicable if injury or illness occurs.

17.5.  Visitors are responsible for arranging their own insurance, including travel and medical evacuation insurance where appropriate.

 

18.    INCIDENT REPORTING

Visitors must report any accident, injury, damage or near miss to Green Operator Personnel before leaving the Island.

 

19.    RIGHT TO REFUSE ENTRY

Green Operator may refuse entry to or remove any Visitor who:

(a)    breaches these Terms;

(b)    behaves dangerously; or

(c)    fails to follow staff directions.

 

20.    CLOSURE OR RESTRICTED ACCESS

20.1.  Green Operator may close or restrict access to any part of the Island at any time including due to:

(a)     weather conditions;

(b)     safety concerns;

(c)     Island operations;

(d)     maintenance; and/or

(e)     emergencies.

20.2.  Green Operator makes no guarantee that any area of the Island will remain accessible.

 

21.    NO GUARANTEE OF EXPERIENCES

Green Operator does not guarantee that Visitors will:

(a)     participate in Island experiences;

(b)     access all areas of the Island;

(c)     arrive or depart at scheduled times; or

(d)     be unaffected by weather, sea and ocean conditions or natural events.

 

22.    THIRD-PARTY SERVICE PROVIDERS

22.1.  Green Operator (or other third parties) may arrange, facilitate or recommend services provided by independent third-party operators, including but not limited to water taxi operators, transport providers, charter vessel operators, tour operators and other activity providers.

22.2.  Green Operator acts as a facilitator only in respect of third-party services and is not the provider of those services. Third-party operators are independent of Green Operator, and Green Operator makes no representation or warranty as to the quality, safety, reliability, fitness for purpose or availability of any third-party services.

22.3.  Any contract for third-party services is between the Visitor and the relevant third-party service provider. That provider’s own terms and conditions will apply to the provision of those services, and Visitors should familiarise themselves with those terms prior to engaging any third-party service.

22.4.  To the maximum extent permitted by law, Green Operator excludes all liability for any loss, injury, death or damage arising from the acts, omissions or negligence of any third-party service provider, whether or not such services were arranged through or recommended by Green Operator.

 

23.    CCTV

23.1.  CCTV and surveillance systems are in operation at the Island.

23.2.  Footage may be provided to Queensland Police or other law enforcement authorities where required.

 

24.    PHOTOGRAPHY

24.1.  Green Operator may take photographs or videos for promotional purposes. All copyright and intellectual property rights in such photographs and videos vest in Green Operator upon creation. By entering the Island, Visitors grant Green Operator an irrevocable, royalty-free, worldwide license to use, reproduce, and publish their images for marketing and promotional purposes.

24.2.  Visitors who do not wish to appear in such material should notify Personnel.

24.3.  Visitors must obtain prior written consent from Green Operator before photographing or filming Personnel, commercial operations, or Island infrastructure for commercial purposes or publication.

 

25.    PRIVACY

Personal information collected from Visitors will be handled in accordance with our Privacy Policy, available at https://dunkisland.com/privacy-policy/.

 

26.    AUSTRALIAN CONSUMER LAW

26.1.  Nothing in these Terms excludes or restricts rights that cannot be excluded under the ACL.

26.2.  To the maximum extent permitted by law:

(a)     Green Operator excludes all other warranties; and

(b)     Green Operator will not be liable for indirect or consequential loss.

26.3.  Where liability cannot be excluded under the ACL, Green Operator’s liability is limited to:

(a)     re-supplying the relevant services; or

(b)     the cost of re-supplying those services.

26.4.  Where entry to the Island is free of charge, the value of the services supplied is nil.

26.5.  To the extent that any services provided by Green Operator constitute “recreational services” within the meaning of section 139A of the ACL, Green Operator excludes all liability for death or personal injury arising from the supply of those services to the extent permitted by law.

 

27.    LIMITATION OF LIABILITY

27.1.  To the maximum extent permitted by law, Green Operator excludes all liability for any loss arising from or in connection with entry to or use of the Island, including arising in contract, tort (including negligence), statute or otherwise.

27.2.  Where liability cannot be excluded, liability will be reduced to the extent that the Visitor contributed to the loss.

 

28.    FORCE MAJEURE

28.1.  Force Majeure Event

A Force Majeure Event means any event beyond Green Operator’s reasonable control including fire, flood, storm, cyclone, any extreme weather events, pandemic, government order, biosecurity restriction, wildlife or animal disease outbreak, Australian Maritime Safety Authority or Great Barrier Reef Marine Park Authority direction, or any other event preventing safe operation of the Island.

28.2.  Effect

If a Force Majeure Event occurs, Green Operator may:

(a)     close the Island or any part of it;

(b)     cancel or postpone any activities or bookings; and

(c)     suspend its obligations under these Terms.

28.3.  Liability

Green Operator is not liable for any Loss arising from a Force Majeure Event, including cancellation of visits or activities.

28.4.  Green Operator will use reasonable endeavours to notify affected Visitors as soon as reasonably practicable after becoming aware of a Force Majeure Event that affects or is likely to affect their booking. Such notice may be given by email, phone or through Green Operator’s website and will include, to the extent reasonably practicable, details of the nature of the event, its expected duration and its impact on the Visitor’s booking.

28.5.  Green Operator will use reasonable endeavours to mitigate the effects of any Force Majeure Event on Visitors and to resume its operations on the Island as soon as reasonably practicable following the cessation of the Force Majeure Event.

 

29.    GENERAL

29.1.  Severability

If any provision of these Terms is unenforceable it will be severed and the remaining provisions will continue in effect.

29.2.  Entire Agreement

These Terms and, if applicable, the Booking Terms constitute the entire agreement between the parties in relation to entry to the Island and supersede all prior discussions or representations.

29.3.  Waiver

A failure or delay by Green Operator to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. No waiver of any breach of these Terms constitutes a waiver of any subsequent breach. No waiver will be effective unless it is made in writing and signed by an authorised representative of Green Operator.

29.4.  Notices

Any notice or other communication required or permitted to be given under these Terms must be in writing and may be given by email, post or hand delivery. A notice given by email is deemed received at the time of transmission, unless a delivery failure notification is received by the sender. A notice given by post is deemed received three (3) business days after the date of posting. Notices to Green Operator must be sent to accounts@dunkisland.com. Notices to the Customer will be sent to the email address provided at the time of booking.

29.5.  Governing Law and Jurisdiction

These Terms are governed by the laws of Queensland and the Commonwealth of Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland in respect of any dispute arising out of or in connection with these Booking Terms.

 

30.    DEFINITIONS AND INTERPRETATION

30.1.  Definitions

In these Terms, unless the context otherwise requires:

(a)     ACL means Schedule 2 to the Competition and Consumer Act 2010 (Cth), being the Australian Consumer Law.

(b)     Australian Maritime Safety Authority means the Australian Maritime Safety Authority established under the Australian Maritime Safety Authority Act 1990 (Cth), being the Commonwealth authority responsible for maritime safety, navigation, and the regulation of vessels operating in Australian waters, including the waters surrounding the Island.

(c)     Booking Terms means any booking conditions applicable to experiences, accommodation, transfers or tours, as found at https://dunkisland.com/booking-terms/.

(d)     Civil Liability Act means the Civil Liability Act 2003 (Qld).

(e)     Claim includes any claim, demand, action, proceeding, judgment, damage, loss, liability, cost, expense or penalty however arising and whether present, unascertained, immediate, future or contingent.

(f)      Force Majeure Event has the meaning given to that term in clause 28.1.

(g)     Former Resort Lots means Lot 3 on RP723282, Lot 4 on SP314510 and Lot 5 on SP314510, being the freehold lots on Dunk Island owned by related entities of Green Operator which contain the former Dunk Island Resort buildings and are currently closed to the public pending refurbishment. The Former Resort Lots include the Island airstrip and are not part of the areas operated by Green Operator for Visitor access under these Terms.

(h)     Great Barrier Reef Marine Park means the Great Barrier Reef Marine Park established under the Great Barrier Reef Marine Park Act 1975 (Cth), as administered by the Great Barrier Marine Park Authority (GBRMPA), which encompasses the surrounding waters, reefs and marine environments adjacent to the Island.

(i)      Great Barrier Reef Marine Park Authority (GBRMPA) means the Great Barrier Reef Marine Park Authority established under the Great Barrier Reef Marine Park Act 1975 (Cth), being the Commonwealth authority responsible for the management, protection and administration of the Great Barrier Reef Marine Park, including the zoning plans, regulations and access requirements applicable to the waters surrounding the Island.

(j)      Green Operator, we, us or our means Green Operator 2 Pty Ltd (ACN 661 961 333) being the lessee of Lot 9 on SP313352, and Green Operator 1 Pty Ltd (ACN 661 919 839), each operating together under the registered business name Dunk Island Group, as lessee and operator of the Island, and where the context permits includes their respective Personnel.

(k)     Island means Dunk Island, Queensland, including all land, beaches, waterways, buildings, amenities and other areas made available by Green Operator at any given time, together with any adjoining lots or properties that form part of the Island under Green Operator’s operation.

(l)      Local National Park means the Family Islands National Park, being the national park situated on and around Dunk Island and managed by the Department of Environment, Tourism Science and Innovation pursuant to the Nature Conservation Act 1992 (Qld).

(m)   Loss includes any loss, damage, liability, cost, charge, expense or outgoing of any kind, including legal costs on a full indemnity basis.

(n)     Obvious Risk has the meaning given in section 13 of the Civil Liability Act.

(o)     Personal Property means any property, belongings, items or valuables brought onto the Island by a Visitor.

(p)     Personnel means Green Operator’s officers, employees, agents, contractors, volunteers and representatives.

(q)     Restricted Area means any part of the Island which Green Operator designates as closed, prohibited or restricted, whether by signage, fencing, barriers, gates, verbal direction or otherwise.

(r)     Risk Warning means any warning, whether written or oral, and whether given by signage, these Terms, staff directions or otherwise, concerning risks associated with entry to or activities at the Island.

(s)     Terms means these Visitor Terms and Conditions, as amended from time to time.

(t)      Visitor means any person who enters, attends or is present at the Island, whether alone, as part of a group, under a booking, invitation or otherwise, and includes any parent, guardian, accompanying person or guest of that person.

30.2.  Interpretation

Unless the context otherwise requires:

(a)     the singular includes the plural and vice versa;

(b)     a reference to a person includes individuals, companies, partnerships, trusts and other entities;

(c)     a reference to legislation includes amendments or replacements of that legislation; and

(d)     the words “including” or “for example” do not limit what else might be included.