Terms and Conditions
Please read the following terms and conditions carefully. Reservations made with Caneebie Cruise Co Pty Ltd (The Company) are subject to these terms and conditions which, at the time of making the reservation, you will be deemed to have read, understood and accepted as the basis upon which you contract with the Company.
1. Contract
Upon payment of the cruise Fare (or a portion thereof) and subject to the other conditions set out in this document, the Company agrees to accept the Passenger or Passengers named in the passenger ticket. A contract, governed by these terms and conditions, is formed when payment of the cruise Fare (or a portion thereof) is received and continues in effect for all periods during which the Company is responsible to the Passenger or the Passenger's property.
2. Definitions
(a) "Brochure" means promotional material published by the Carrier with reference to the cruise. (b) "Carrier" includes the Company, its related bodies corporate and Ship named on the passenger ticket, her owners, charterers, operators and crew. The Carrier is not a common carrier. (c) "Cruise" means the passage agreed to be undertaken by the Carrier in the Contract. (d) "Fare" means the price of the passenger ticket. (e) "Passenger" means anyone buying a passenger ticket or using it as a Passenger, or anyone named on the ticket. (f) "Reservation"; a reservation is deemed to have been made upon the completion of a reservation form, payment of the applicable deposit and acceptance by us. (g) "Ship" means the cruise ship used by the
Carrier to conduct the cruise. (h) "Unexpected Event" means any act, circumstance or event beyond the control of the Carrier caused or arising from but not limited to acts of God, public enemies, government restraint, riots, strikes, lockouts, labour troubles, epidemic, civil disturbances, perils of the sea, harbours, rivers or other navigable waters, fuel shortages or abrupt and unexpected increases in fuel costs, collisions, stranding, fire, lightning, storm, rough and adverse sea conditions, tidal waves, cyclones, theft, barratry or any other crime by any person, faults or errors of navigation or management of the Ship or any other vessel, explosions, breakage of shafts or any defect or unseaworthiness in hull, machinery or appurtenances, equipment,
furnishings or supplies of the Ship or launches or vehicles or any defect of the Carrier's premises, at whatever time existing, fault or neglect of pilots, tugs, agents, independent contractors or Passengers, port closures, delays in allocation and permits to berth the Ship at ports on arrival and seizure of the Ship under legal process.
3. General
(a) Capacity and authority to agree. In purchasing a passenger ticket you warrant that you are over 18 years of age and are authorised by or on behalf of any Passenger listed on the ticket (including any minor) to agree to the terms of the contract. (b) Adherence to rules. The Passenger must abide by these terms and conditions and the rules and regulations of passage, as set out in the booklet of the same name, a copy of which is provided in each cabin aboard the ship. Any questions a Passenger may have shall be directed to the Carrier's agent or to the master on board the vessel or his representatives. (c) Amendment of terms and conditions. No addition to, variation or waiver of any of the printed terms and conditions of the contract will be effective unless it is expressed in writing and signed by the Carrier or its authorised agent. Any changes must refer to the
Passenger and ticket number. Any waiver by the Carrier of any of its rights under the contact, or failure to assert or enforce such right cannot affect any other rights of the Carrier. (d) Assignment. The contract is between the Passenger and the Carrier, the contract, or any rights hereunder cannot be sold, assigned or transferred without the express written consent of the Carrier. (e) Terms and conditions are severable. A finding that any term of the contract or application thereof is invalid or unenforceable shall not affect the remainder and the contract will continue in full force and effect for all other purposes. (f) Contract terms
prevail. In the event of inconsistencies between the brochure and contract terms concerning reservation procedures, bookings, cancellations, refunds of Fares and cruise itineraries, these terms and conditions shall prevail. (g) Indemnity. The Passenger agrees to indemnify the Carrier against all claims, penalties, fines, charges, losses and expenses imposed upon or incurred by the Carrier or the Ship because of the Passenger, or a minor or any other person in the Passenger's care.
4. Prices and Payment
(a) Payment of the Fare. The ticket Fare shall be payable as follows: (i) A deposit of two hundred Australian dollars ($200.00) per person must be paid within seven (7) days of making a booking and is to be accompanied by a completed reservation form. (ii) The balance of the Fare is to be paid at least sixty (60) days prior to the cruise departure date. (b) Increases. All prices are subject to change without notice and may be varied due to issues outside of the control of the Carrier at any time prior to the receipt, by the Carrier, of full payment. (c) Inclusions. The cruise Fare includes cruise passage, accommodation, and certain on board activities not excluded below. (d) Exclusions. The cruise Fare excludes, without limitation, scuba diving, spa treatments, drinks, telephone calls, gift shop purchases, external medical care, miscellaneous extras or other personal needs. Payment for additional goods and services must be made upon demand by the Carrier prior to the Passenger's disembarkation.
5. Cancellation and Refund Policy
(a) The Carrier reserves the right to cancel a booking where a deposit is not received within seven (7) days or where the balance of the payment is not received by 60 days prior to the cruise departure date. (b) Cancellations: There shall be no refund if a cancellation is made within 14 days of the cruise departure date. 50% of payment and a fee of $50 per cancellation shall be payable if cancellation is within 15-30 days of the cruise departure date. If a cancellation is made 31-60 days prior to the departure date, a cancellation fee of $50 and an amount of $200 per person is payable. If a cancellation is made earlier than 60 days prior to the departure date, a cancellation fee of $50 is payable. (c) Refunds. No refund or credit, in whole or in part, will
be given where a Passenger misses a departure of a cruise or leaves or is required to leave a cruise in progress. (d) Refusal of passage. Where the Carrier refuses passage to a Passenger who has failed to give proper notice of a physical disability, illness or handicap requiring special care, attention or treatment or who in the Carrier's opinion is physically or mentally unfit for travel, the Fare will be refunded at the sole discretion of the Carrier, and the Carrier shall be entitled to deduct any expenses associated therewith. (e) Delayed voyage. Where an Unexpected Event causes the delay or cancellation of the cruise's departure, the Carrier will refund
the Fare paid, in whole or in part, only if the Passenger does not subsequently take passage on the delayed Ship. (f) Interrupted voyage. Where a cruise is interrupted as set out in clause 10, the Carrier may (in its absolute discretion, of which it shall be sole judge) refund a proportionate amount of the Fare. (g) Termination. Where the contract is terminated in accordance with clause 11(a), the Carrier, at its sole discretion, may refund the whole of the Fare paid or, alternatively, arrange for the Passenger to undertake an equivalent cruise with the Carrier at a mutually acceptable time, provided the termination was not caused by, or in any way attributable to a breach by the Passenger of any of these terms and conditions or any act, neglect or default by the Passenger. (h) Cancellation. If the Cruise is cancelled before commencing the Carrier, at its sole discretion, will refund the whole of the Fare paid or, alternatively, arrange for the Passenger to undertake an equivalent cruise with the Carrier at a mutually acceptable time.
6. Accomodation
(a) Shared cabins. Requests to share cabins will be facilitated as far as possible, but availability will not be guaranteed. When pairing room-mates, the Carrier will always pair Passengers of the same sex. No responsibility for incompatibility is accepted. (b) No pets. Pets and other animals are not allowed on the vessel.
7. Involuntary Disembarkation of Passenger
The Carrier may refuse to transport and may disembark any Passenger at any time, due to illness, disease, injury, psychological problems, vulgar or improper conduct, abuse of alcohol or drugs, refusal to obey regulations, or whose presence in the opinion of the master may be detrimental to the comfort or safety of other Passengers, the Ship or the crew. The Carrier shall not be liable for any expenses incurred in declining to carry a Passenger or for the involuntary disembarkation of a Passenger and may recover them from the Passenger.
8. Safety
(a) Passengers shall at all times follow and carry out all lawful directions of the ship master and/or crew. Particularly in relation to (but not limited to) personal safety of themselves, crew or other passengers. (b) 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 handrails 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 the cruise. (c) Passengers are advised and required to take particular care in conditions of inclement, rough or heavy weather or as advised by the crew.
9. Cruise Activities and Facilities
(a) Certifications and Qualifications. The Passenger warrants that he/she has obtained all necessary qualifi cations to enable him/her to participate in the cruise activities. The Carrier in its sole discretion may require proof of such qualifications. (b) Activities at Passenger's own risk. The Passenger agrees to assume all risks associated with the cruise activities and use of the cruise facilities and fully releases and discharges the Carrier from any and all claims, demands, damages, causes of action, present or future, resulting from or arising out of the Passenger's use of said facilities or participation in those activities. The Passenger may be required to sign a release or waiver prior to undertaking cruise activities and the Carrier will be entitled to refuse to allow the Passenger to participate in those activities if the waiver or release is not signed by the Passenger prior to participation in those activities.
10. Passenger Health: Carrier Not Liable for Medical Care or Expenses
(a) Passenger is fit for the cruise. The Passenger warrants that he or she is physically fit and capable of undertaking the agreed cruise and contemplated activities. The Carrier, in its sole discretion, may require a Doctor's Certificate from any Passenger in that regard. (b) Consent to treatment. If, in the opinion of the Carrier, a Passenger is in need of medical assistance and is unable to request it, the Passenger hereby consents to the Carrier making such medical arrangements as it deems necessary, at the cost of the Passenger. (c) Passenger's obligation to report medical conditions. The Passenger must report any pre-existing illness, disability or pregnancy or any other conditions for which the Passenger may require medical attention during the course of the cruise to the Carrier or its agent at the time of making the reservation. If any such condition arises after making the reservation, it must be reported to the Carrier, its servants or agents as soon as such illness or disability is known and in any case, before boarding. Failure to report any such condition shall completely absolve the Carrier, its servants or agents from all or any liability in respect of such condition. (d) The Carrier and its associated vessels operate under a total non-smoking policy and smoking is not permitted on board any of these vessels at any time during the Carrier cruise. (e) Lack of obligation to examine Passenger. The Carrier does not have any obligation to examine any Passenger prior to boarding or departure for any purpose, and the Carrier relies entirely on the Passenger's warranty as to fi tness herein before referred to. (f) Refusal of passage. The Carrier reserves the right to refuse passage to a Passenger who has failed to give proper notice of a physical disability, illness or handicap requiring special care, attention or treatment or who, in the Carrier's opinion, is physically or mentally unfi t for travel. (g) Participation in activities. The Carrier reserves the right to refuse or deny participation in activities either aboard the Ship or off the Ship which are sponsored or promoted by the Carrier to any Passenger who has a disability, handicap requiring special care or past or present medical condition or illness that may present risks if the Passenger participates in those activities. Any decision in this regard is made at the sole discretion of the Carrier. (h) Treatment at Passenger's risk and expense. Subject to the foregoing, any medicines, or medical treatment furnished by the ship's officers or other servants of the Carrier, shall be and are accepted at the Passenger's sole risk, and the Carrier shall not be responsible for the quality, nature or consequence thereof. Any charges incurred by the Passenger for medical reasons including but not limited to physicians, surgeons, hospitals, off Ship accommodation, medication, diagnostic facilities, air ambulance evacuation or ground ambulance shall be the sole responsibility of the Passenger.
11. Carrier's Right to Cancel and Alter Cruise
(a) Termination. The Carrier may at any time before the departure of the Ship terminate the contract with the Passenger for any reason, including but not limited to, the unavailability of the Ship whether through charter out, overbooking of cabins or otherwise. (b) Cancellation. The Carrier may at any time and for any reason, cancel the Cruise. (c) Cruise Itinerary. The Passenger accepts that while the Carrier will endeavour to follow the itinerary set out in the brochure, cruise schedules and dates, times and places of arrival and departure may, at any time and without notice, be altered at the discretion of the ship's master or Carrier. Any costs of food and accommodation ashore required as a result of such changes are the sole responsibility of the Passenger. (d) Deviations. The Ship and the master shall have the liberty to, without pilots, tow and assist vessels in all
situations, deviate from the usual, advertised or scheduled route, put back to or into, or to call or stop, or omit to call or stop at any port or place, on land or at sea in or out of the route of the usual, advertised or scheduled voyage, even though doing so may involve going backwards or away from the port of destination. These things may be done for any reasons which are sufficient in the judgement of the Carrier or the master, including but not limited to, offering or rendering assistance in every effort to preserve life or property. (e) Interruption of voyage. If the Ship's voyage is interrupted or if the Ship is unduly delayed or prevented from proceeding in the ordinary course by any Unexpected Event, the Carrier shall have the right to terminate the
vessel's voyage at any time without notice and for any reason whatsoever. (f) Ship. The Carrier may at any time, without notice, and for any reason, substitute the Ship upon which the Cruise is to be conducted.
12. Baggage & Personal Property
(a) Baggage means only trunks, handbags, valise, satchels and bundles, containing wearing apparel and personal effects. (b) Marking of baggage. Each piece of baggage shall be marked with the full name and address of the Passenger. (c) Hazardous items. The Passenger shall not place in baggage fi rearms, infl ammable matter of any kind such as matches, gunpowder, cartridges, films etc, or other dangerous items. Such articles may be confi scated or destroyed at any time without liability to the Carrier. Should loss, damage or delay to the Ship, or her cargo, or to any of the Passengers, the crew, or other persons on board, be caused by dangerous items brought by the Passenger, the Passenger shall be liable for the full amount of all resulting damage. (d) Liquor. The Carrier complies with Queensland liquor laws prohibiting Passengers from bringing supplies of liquor on board the vessel. The passenger undertakes to comply with such laws. (e) Unclaimed baggage. Baggage remaining unclaimed upon arrival of the Ship will be stored at the Passenger's sole risk and expense. (f) Valuables. The Carrier is not responsible for money, jewellery, documents and any other valuables which Passengers keep on their persons, in their cabins or in their baggage.
13. Limitation on Carrier's Liability
(a) The Carrier undertakes to use due care and skill in the operation of the cruise and its associated activities, however the liability of the Carrier shall be limited in certain respects. (b) Limitation on Carrier's Liability with respect to death and personal injury. To the extent permitted by law, this liability shall not exceed AUD$500,000.00 per passenger per carriage. (c) No liability for certain events. The Carrier shall not be liable for any of the following: (i) loss, death, or delay of, or injury to any Passenger or loss or damage or delay to his/her baggage, personal effects or other property, arising from any Unexpected Event or as particularly provided in clause 9 above; (ii) the quality, nature or consequences of medical treatment; (iii) any loss, damage or delay arising from inherent defect, quality or vice of the Passenger's baggage or personal effects or from the insufficiency, inadequacy or absence of baggage marks or of address or description of such baggage or effects; (iv) any loss or damage caused by the failure of the passenger to observe the safety obligations described in clause 8 above, or to utilise all safety devices and precautions provided or advised; (v) any loss, damage, expense, inconvenience or disappointed expectations caused by delay in, or prevention of sailing, prolongation of the Cruise, stoppage in transit or deviation from any calls at ports or departures from the regular course of the Cruise permitted by the contract, seizure of the Ship under legal process, any act, omission, fault or negligence of this or any other Passenger, any other cause or circumstance beyond the control of the Carrier, whether or not of the kinds listed here; (vi) any loss, damage, expense, inconvenience or disappointed expectations caused by the substitution of the Ship under clause 11(g). (d) Additional expenses. The Passenger shall have no claim against the Carrier by reason of any cancellation, change or delay of departure or arrival of the Cruise, for hotel or board bills, travelling expenses or other loss,
delay, inconvenience or expense whatsoever. (e) Limitation on Carrier's liability with respect to baggage and personal property. This liability shall not exceed AUD$2,500.00 per passenger per cruise in the event of loss, damage or delay to any of the Passenger's baggage or other property taken with him/her on the voyage.
14. Notice and Time Periods
(a) Damage to property. If the Carrier is not notifi ed of damage to or loss of baggage, in writing, within 15 days of the date of disembarkation or receipt of baggage, the Passenger shall be presumed, unless the contrary is proved, to have received the luggage undamaged. (b) Actions. The Passenger must notify the carrier of any injury or damage, in writing, within three calendar months of the date of the incident from which the alleged loss arises. (c) To the extent permitted by law, any action for damage arising out of the death of or personal injury to the Passenger is time-barred after a period of one year from the date of the incident. (d) The limitation periods applicable in respect of a cause of action arising under the contract are those dictated by the laws of Queensland, but in no case shall an action be brought after the expiration of a period of three years from the date of disembarkation or the date disembarkation should have taken place, whichever is later.
15. Insurance
(a) It is strongly recommended that the Passenger purchases cruise cancellation and interruption insurance as protection against any circumstance which may force him/her to cancel or leave a cruise in progress. (b) Due to the nature of certain cruise activities, it is also recommended that Passengers purchase relevant travel health insurance. (c) Passengers are also advised to consider purchasing insurance covering his/her baggage and personal effects.
16. Other Operators
Whilst all care is taken, no responsibility/liability whatsoever is borne or accepted by the Carrier for any other operator that is included, for any reason, as part of a package holiday, or conference or meeting within the Carrier's Ship. The Passenger agrees that any independent contractors with whom the Carrier so contracts provide their services subject to their usual terms and conditions.
17. Privacy
The Carrier is committed to protecting the privacy and confi dentiality of personal information and complies with Federal Privacy laws. For further information please see our Privacy Policy available at www.fantaseaammari.com or on request.
18. Applicable Law
The contract is governed by the laws of Queensland. The Passenger agrees that any claims or disputes between the Passenger and carrier in connection with the cruise shall fi rst be submitted to mediation with a mediator designated by the Carrier and, if subsequently required, any action will be commenced, filed and litigated before a Queensland court of proper jurisdiction.
