TERMS
& CONDITIONS OF CARRIAGE
This ticket
is issued subject to these terms,
which the passenger acknowledges having
read and understood, and agrees to
be bound by them.
For the purposes of these terms and
conditions:
(a) the Carrier is any one of Alexander
Stewart Charters , Tallship Adventures,
Eureka Sailing Adventures, WA Smith
and/or the Whitsunday Marine Academy.
(b) 'Carriage' means all times during
which the Carrier legally owes a duty
of care to passengers to take reasonable
steps to ensure their safety.
SAFETY
1. Passengers shall at all times follow
and carry out all lawful directions
of the Master and/or crewmembers of
the vessel, particularly in relation
to (but not limited to) personal safety
of themselves, crew or other passengers.
2. Passengers are required to be seated
when advised or requested to do so
by the Master or any crewmember, for
any reason.
3. Passengers are required at all
times to take all reasonable precautions
for their own safety and the safety
of any person in their care (particularly
children). This includes (but is not
limited to) using hand and guard rails
at all times as provided around the
vessel, appropriately restraining
children and ensuring that children
are accompanied by a responsible adult
at all times and paying attention
to the safety briefing given by crewmembers
at the commencement of carriage.
4. Passengers are advised and required
to take particular care in conditions
of inclement, rough or heavy weather
or as advised by the crew.
5. Neither the carrier, the vessel
nor any crewmember shall be held responsible
for any loss or damage (including
personal injury) suffered by any person,
as a result of breach of that person's
safety obligations (as detailed in
paragraphs 1, 2, 3 and 4 above), or
their failure to utilise all safety
devices and precautions as provided
and/or advised on board the vessel,
or caused by any passenger acting
in an unreasonable, unnecessary or
unsafe manner.
6. At certain times of year "Dangerous
jellyfish inhabit these waters and
passengers should take care for their
own safety. Passengers entering the
water do so at their own risk and
the owners or operators of the vessel
will not be liable for any personal
injury, illness, death or any other
consequences whatsoever of passengers
being stung by jellyfish". To
minimise this risk we recommend that
you wear a full length protective
"Stinger Suit" while swimming
and snorkelling during the cruise.
These are provided for hire either
at check in or aboard the vessel.
You will need to allow $10-$15 in
hire fees in the season. If you do
enter the water to swim or snorkel
you will also be required to sign
a Medical Declaration acknowledging
that you consider yourself fit to
do so and that you accept any associated
risks.
7. Clients should note that adventure
travel involves risk. Whilst we make
every effort to safeguard clients
the carrier cannot be held responsible
for personal injury or loss due to
the actions of clients which are beyond
our control
LIMITATION
OF LIABILITY
Liability
of the Carrier
6. The carrier shall be liable for
the damage suffered as a result of
the death of or personal injury to
a passenger and the loss of or damage
to luggage if:
(a) the incident which caused the
damage so suffered occurred in the
course of the carriage; and
(b) was due to the fault or neglect
of the carrier or of his servants
or agents acting within the scope
of their employment.
7. The burden of proving that the
incident which caused the loss or
damage occurred in the course of the
carriage, and the extent of the loss
or damage, shall lie with the claimant.
Valuables
8. The carrier shall not be liable
for the loss of or damage to monies,
negotiable securities, gold, silverware,
jewellery, ornaments, works of art,
or other valuables, except where such
valuables have been deposited with
the carrier for the agreed purpose
of safe-keeping in which case the
carrier shall be liable up to the
limit provided for in Clause 11.
Contributory
Fault
9. If the death of or personal injury
to a passenger or the loss of or damage
to his luggage was contributed to
by the fault or neglect of the passenger,
the carrier will not be liable for
such proportion of the damages for
death or personal injury, or the loss
or damage to luggage, as may be attributable
to the fault or neglect of the passenger.
Limit of
Liability For Death or Personal Injury
10. The liability of the carrier for
the death of or personal injury to
a passenger shall in no case exceed
A$500,000 per carriage.
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Limit
of Liability For Loss of or Damage
to Luggage
11. The liability of the carrier for
the loss of or damage to cabin luggage
shall in no case exceed A$2,500 per
passenger, per carriage.
12. The liability of Oz Adventure
Sailing for the loss of luggage
stored ashore in the office
of Oz Adventure Sailing shall
in no case exceed A$2500 per
person, per carriage.
13. The liability of the carrier for
the loss of or damage to any luggage
other than that mentioned in Clauses
11 and 12 shall in no case exceed
A$3,000 per passenger, per carriage.
Defences and Limits for Carriers'
Servants
14. If an action is brought against
a servant or agent of the carrier
arising out of damage covered by this
contract, such servant or agent, if
he proves that he acted within the
scope of his employment, shall be
entitled to avail himself of the defences
and limits of liability which the
carrier or the performing carrier
is entitled to invoke under this contract.
Notice of Loss or Damage to Luggage
15. The passenger shall give written
notice to the carrier or his agent:
(a) in the case of apparent damage
to luggage:
(i) for cabin luggage, before or at
the time of disembarkation of the
passenger;
(ii) for all other luggage, before
or at the time of its receipt;
(b) in the case of damage to luggage
which is not apparent, or loss of
luggage, within 15 days from the date
of disembarkation or receipt or from
the time when such receipt should
have taken place.
16. If the passenger fails to comply
with Clause 15, they shall be presumed,
unless the contrary is proved, to
have received the luggage undamaged.
17. The notice in writing need not
be given if the condition of the luggage
has at the time of its receipt been
the subject of joint survey or inspection.
Time Bar
for Actions
18. The passenger must notify the
carrier in writing within 3 calendar
months of the date of the incident
from which any alleged loss arises.
19. Any action for damage arising
out of the death of or personal injury
to a passenger or for the loss of
or damage to luggage shall be time-barred
after a period of one year.
20. The limitation period shall be
calculated as follows:
(a) In the case of personal injury,
from the date the injury was suffered;
(b) In the case of death occurring
during carriage, from the date when
the passenger died, and in the case
of personal injury occurring during
carriage and resulting in the death
of the passenger after disembarkation,
from the date of the personal injury;
(c) In the case of loss of or damage
to luggage, from the date of disembarkation
or from the date when disembarkation
should have taken place, whichever
is later.
21. The law of Queensland shall govern
the grounds of suspension and interruption
of limitation periods, but in no case
shall an action under this contract
be brought after the expiration of
a period of three years from the date
of disembarkation of the passenger
or from the date when disembarkation
should have taken place, whichever
is later.
22. Notwithstanding Clauses 18, 19
and 20, the period of limitation may
be extended by a declaration of the
carrier or by agreement of the parties
in writing, after the cause of action
has arisen.
INCLUSIONS/EXCLUSIONS
23. We supply all meals, linen, and
accommodation aboard the vessel. If
the vessel is BYO [Bring your own]
you will need to supply your own Alcohol.
Soft Drinks are available for purchase
on all vessels. Any alcohol consumed
during the cruise is at your own risk
and for your own safety the carrier
encourages the responsible consumption
of alcohol.
24. Entry and Administration
Fees: Please note there is
a fee levied on all passengers
to cover park entry fees and
administration costs. Fees
are charged by the Great Barrier
Reef Marine Park Authority
and Queensland Parks and Wildlife
for entry into the Marine
and National Parks and the
overall fee includes these
costs and our administration
costs and are subject to change
and are payable at check in.
At the time of printing a total fee of $30 is recommended by the Whitsunday Charter Boat Industry Association for a 3 day cruise to cover all these costs and includes EMC of $4.50 per day, commercial activitity permit fee of $1.35 per day, plus administration and serve fees of $3.77 per day plus gst.
25. Cancellation Policy: Cancellations
made less than 21 days prior to departure
will result in complete forfeiture
of the full price of the cruise.
26. Whitsunday Marine Academy and
the vessel operator reserve the right
to substitute vessels or cancel courses
without notice at any time for any
reason.
27. All cruises are subject to
weather and safety and therefore cancellations,
changes to cruise itinerary or duration
due to weather, illness or to ensure
passenger safety will not be refunded.
28. We recommend that you take out
travel insurance.
JURISDICTION
29. If any term of this contract is
found to be invalid or unenforceable,
it shall be entirely severable from
the remainder of the contract, and
all other terms of this contract shall
continue in full force and effect
for all other purposes.
30. These terms of carriage shall be construed and interpreted according to the laws of the State of Queensland and, where appropriate the Commonwealth of Australia. In particular sections 68A and 68B of the Trade Practices Act is expressly incorporated into this contract.
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