TERMS AND CONDITIONS
These are the terms and conditions of Sydney Princess Cruises Pty Limited ABN 73 125 249 130 (the company).
These terms and conditions apply to all products offered by the company including but not limited to products offered under the business names of “Sydney Harbour Discovery”, “Oz Whale Watching” and or “Sydney Princess Cruises.” These terms and conditions will be deemed to have been accepted by the customer by making a booking with the company.
Recreational Activities- limits on company liability
The types of activities conducted by the company consist of charter cruises, whale watching cruises and snorkel cruises where swimming or snorkelling may be optional. All of such activities are recreational, sporting or leisure time pursuits and may involve a significant degree of physical exertion or physical risk. Such pursuits are undertaken for the purpose of recreation, enjoyment and/ or leisure.
This contract excludes, restricts or modifies the effect of, application of, rights under and liability of the company pursuant to the Australian Consumer Law insofar as it relates to the supply by the company of such recreational services.
When supplying recreational services, to the extent permitted by law, all of the provisions of Subdivision B. of Division 1 of Part 2-3 of the Australian Consumer Laws are, subject to and in accordance with the provisions of Section 139A of the Competition and Consumer Act 2010(as amended from time to time), hereby excluded, restricted or modified:
- so that the maximum permitted exclusion applies; and or
- to limit the exercise of a right conferred by such a provision to the maximum permitted extent; and or
- so that liability of the company for a failure to comply with a guarantee that applies under that Subdivision in relation to the supply is hereby excluded so that the maximum permitted exclusion applies to such supply.
- During a whale watching tour, weather and/or water conditions may change rapidly without notice which may make the passage of the vessel rough and extremely uncomfortable.
- Snorkelling or swimming in unpatrolled waters carries significant unidentifiable risks. The customer warrants to the company that he or she is a competent swimmer/snorkeler and agrees to undertake such activity at their own risk.
- listen to and participate in all safety briefings given by the company;
- act in a responsible manner and obey all rules and laws relevant or appropriate to the activity being undertaken;
- not act in any manner which will jeopardise his or her own safety or the safety of any third party; and
- take proper care of property or equipment belonging to the company. The customer agrees to be liable for any loss or damage to such property or equipment which arises because of failure to care for such items.
- accept liability for any loss or damage to clothing or personal items/belongings howsoever arising
Notwithstanding the foregoing, such exclusion, restriction or modification of the Australian Consumer Laws is limited to liability for the matters detailed in Section 139A of the Competition and Consumer Act 2010 (as amended from time to time):
As a consumer of such recreational services and in particular the type and nature of recreational services supplied by the company, the customer acknowledges and agrees that such recreational pursuits may involve a significant degree of risk.
When participating in any such recreational activity, the customer must:
All activities must be paid for in full at the time of booking, unless otherwise expressly agreed at the time of booking, in which case such payment terms will be set out by the company in the booking confirmation.
Activities may be cancelled due to weather conditions or other conditions beyond the reasonable control of the company. Such activity bookings will be rescheduled and if they cannot be rescheduled a refund will be given.
All activities are subject to minimum numbers of customers being available to attend the tour, course and/or activity. Accordingly the date and/or time of undertaking the tour may be modified at short notice.
Participants in any tour must not be under the influence of alcohol or drugs prior to, or during the undertaking of any activity or tour. The company reserves the right to exclude any such person(s). In the event of bad behaviour, as deemed by the Company, the skipper/master reserves the right to terminate the charter. If the person(s) and or any person in their group is excluded or refused boarding of the vessel, the person(s) will not be entitled to a refund or any other form of compensation.
The booking will be confirmed upon payment.
No refund will be given in the event that the customer does not attend the activity at the scheduled time.
The company reserves the right, if considered necessary (for example, due to mechanical breakdown, for safety reasons or weather conditions), to substitute vessels without notice (including any vessels of a third party), deviate from a vessel’s advertised route, change any menu, service, schedule, program, performance or cruise fare. The company will endeavour to provide a similar quality vessel, route, menu, service, schedule, program, performance or cruise fare (as the case may be) in these circumstances. In such circumstances, the company will not be liable for your direct or indirect loss, or to refund any fares or portions of fares, nor will we be liable for any other damage, loss, expense, loss of time, disappointment, inconvenience, or any other consequential loss suffered by you.
The company will make every effort to cater for your special dietary requirements and allergies. If you have any special dietary requirements please inform our reservation staff upon placing your booking. However, the company cannot guarantee that certain products will not be in our food, and we explicitly accept no liability. For serious food allergies you must make your own decisions on selecting meals.
Private charter cancellation conditions
If the Charterer cancels the Charter outside of 30 days where a vessel has been booked for exclusive use, deposits or other payments will only be refunded if the company is able to secure another booking at such date and time. If another booking is so secured, a 25 % administration fee will be deducted from such deposit or other monies and the balance will be refunded to the party making the booking. If another booking cannot be secured for the original date and time, the company agrees to hold the deposit and other monies to be credited towards a future booking which may be made by the customer within 12 months of the original booking date. Thereafter, all rights to receive any refund will lapse.
If the Charterer cancels the Charter within 30 days of the date of the Charter, the deposit will be forfeited.
Deposits for all November - December and public holiday bookings are nonrefundable.
Duration of the Charter
The duration of the Charter includes the time taken to embark and disembark passengers.
The Company is not responsible for any delays caused by the late arrival of passengers or delays at the wharf caused by crowds, the arrival of other vessels or any other item beyond its control. It is similarly not responsible for delays at the point of disembarkation for reasons outside its control.
The Company reserves the right to pull in to the point of disembarkation 10 minutes prior to the scheduled time for disembarkation, at which point music will be switched off.
If the time for disembarking passengers takes longer than 15 minutes beyond the scheduled end of the Charter, the Charterer will be charged for this time and for every 15 minute period thereafter pro rata of the vessel charge. If the Master is required to vacate the disembarkation point in order to let other vessels berth, this time will also be charged for at the same rate.
If the Charterer seeks to extend the duration of the Charter, during the Charter, this extension will be at the sole discretion of the Master and will be for a maximum of one hour.
Any such agreed extension will be paid for by the Charterer before the end of the Charter by cash or credit card. The amount will be pro rata of the vessel charge.
If the Charterer wishes to decorate the vessel, this must be done without the use of pins, adhesive tape, tacks or anything which will leave a mark on the vessel; string or blu-tak is suggested as an alternative.
A confirmed booking can only be changed or cancelled up to 1-7 days before the scheduled tour by paying a variation fee of 50% of the original price.
A booking may not be cancelled less than 48 hours prior to the scheduled date of the activity.
If the customer is undertaking a swimming or snorkelling tour, the company will choose a Sydney Harbour beachside location or a Sydney Harbour National Park Island where you will be able to swim and explore the surrounding areas.
Locations and routes of any tour may vary due to weather conditions or such locations being unavailable due to circumstances beyond the company’s control.
Booking on behalf of third parties
If the person making the booking is not the person who will undertake the tour, or the booking is made on behalf of a group, the person actually making the booking warrants that he, she or it is authorised by each of the proposed participants in the activity to agree to these terms on behalf of such participant and that the participant has been informed of these terms and conditions prior to acceptance of these terms and conditions.
To the extent permitted by law the participant in any activity hereby releases and forever discharges the company, its employees, offices and/or agents from and against all or any actions, claims, suits, demands, damages, charges, costs or expenses of any description arising out of, or in any manner directly or indirectly related to any of the rights which may be excluded, restricted or modified under the terms of Section 139A. of the Competition and Consumer Act 2010.