EXPLORE WHITSUNDAYS TERMS AND 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 Agent is Explore Whitsundays and the Operating Pty Ltd Companies providing the guest services are: Australian Tall Ship Cruises, Southern Cross Sailing Adventures, Prosail Queensland, Whitsunday Catamarans, Tornado Dive, Eureka Sailing Adventures (Tradex), Prima Sailing (At Sea Enterprises), True Blue Sailing (T & R Services), Atlantic Clipper, Whitsunday Bullet, Whitsunday Bliss (P & H Sheehy).
(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. Passengers are referred to hereafter as guests.
1.Guests 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 guests.
2.Guests are required to be seated when advised or requested to do so by the Master or any crewmember for any reason.
3.Guests 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 crew members at the commencement of carriage.
4.Guests are advised and required to take particular care in conditions of inclement or rough weather or as advised by 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 utilize all safety devices and precautions as provided and/or advised on board the vessel, or caused by any guest acting in an unreasonable unnecessary or unsafe manner.
6.A guest may be refused boarding of a vessel, or asked to leave the vessel or be physically restrained or removed if in the reasonable opinion of the Captain and/or the crew, he/she is intoxicated from alcohol or under the influence of drugs or, for any reason causing disturbance, abusive, insulting or racial language or threatens the safety of other guests, crew, check-in staff, management staff or property of carrier or themselves. Any cost involved with the removal and transportation back to Airlie Beach will be borne by the guest.
7.Wet Suits are provided to offer protection and reduce the risk from Marine Stingers and must be worn by guests entering the water.
LIMITATION OF LIABILITY
Liability of the Carrier
8.The carrier shall be liable for the damage suffered as a result of the death of or personal injury to a guest and the loss of or damage to the 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 a scope of their employment.
9.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.
10.The carrier shall not be liable for the loss of or damage to monies, negotiable securities, gold, silverware, jewelry, ornaments, photographic equipment, works of art or other valuables.
11.If the death of or personal injury to a guest or the loss of or damage to his luggage was contributed to by the fault or neglect of the guest, the carrier will not be liable for such proportion of the damages for the death or personal injury, or the loss or damage to luggage, as may be attributable to the fault or neglect of the guest.
Limit of Liability for Death or Personal Injury
The liability of the carrier for the death of or personal injury to a guest shall in no case exceed A$500,000 per carriage.
Limit of Liability for Loss of or Damage to Luggage
12.The liability of the carrier for the loss of or damage to cabin or luggage shall in no case exceed A$2,500 per passenger 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 guest, per carriage.
Defenses 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 defenses 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 guest shall give written notice to the carrier of his agent
(a)In the case of apparent damage to luggage
( i) for the cabin luggage, before or at the time of disembarkation;
(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 a receipt should have taken place.
16.If the guest fails to comply with the 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 of the condition of the luggage has at the time of its receipt been the subject of joint survey inspection.
Time Bar for Actions
18.The guest must notify the carrier in writing within 3 calendar months of the date of the incident from which any alleged loss.
19.Any action for damage arising out of the death of or personal injury to a guest 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, the date the injury occurred;
(b)In the case of death occurring during carriage, from the date when the guest died, and in the case of personal injury occurring during carriage and resulting in the death of the guest after disembarkation, from the date of the 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 guest or from the date when disembarkation should have taken place, whichever is later
22.Not withstanding Clauses 18, 19 and 20, the period of limitation may be extended by declaration of the carrier or by agreement of the parties in writing, after the cause of the action has arisen.
23.Guests should obtain Travel Insurance before embarking on travel, insurance which includes failure to arrive at the vessel in time for departure and for Medical Emergencies, including the costs of personal evacuation from the islands to seek medical treatment.
24.I understand that images of myself may appear in photos or video taken and published on-line or in print form by other guests or crew or from other vessels and that I release the carrier from all claims relating to images of myself being published on-line or in print form.
25.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.
26.These terms of carriage shall be construed and interpreted according to the laws of the State of Queensland and, where appropriate to the laws of the Commonwealth of Australia. In particular, s 66B of the Trade Practices Act is expressly incorporated into this contract.
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Any questions, please give us a call on 07 4946 4999.