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 either Alexander Stewart Charters or Tallship Adventures.
(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
8. 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.
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.
Valuables
10. 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
11. 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
12. 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. |
Limit of Liability For Loss of or Damage
to Luggage
13. 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.
14. The liability of the carrier for the loss of or damage to vehicles including
all luggage carried in or on the vehicle shall in no case exceed A$8,000 per
vehicle, per carriage.
15. The liability of the carrier for the loss of or damage to any luggage other
than that mentioned in Clauses 11 and 14 shall in no case exceed A$3,000 per
passenger, per carriage.
Defences and Limits for Carriers' Servants
16. 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
17. 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.
18. If the passenger fails to comply with Clause 15, they shall be presumed,
unless the contrary is proved, to have received the luggage undamaged.
19. 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
20. The passenger must notify the carrier in writing within 3 calendar months
of the date of the incident from which any alleged loss arises.
21. 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.
22. 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.
23. 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.
24. 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
25. 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.
26. 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
$27 is recommended by the Whitsunday Charter Boat Industry Association for a
3 day 2 night cruise to cover all these costs.
27. Cancellation Policy: Cancellations made less than 21 days prior to departure
will result in complete forfeiture of the full price of the cruise.
26. Aussie Adventure Sailing and the vessel operator reserve the right to substitute
vessels or cancel courses without notice at any time for any reason.
28. 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.
30. We recommend that you take out travel insurance.
JURISDICTION
31. 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.
32. 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, s.68B of the Trade Practices Act is expressly incorporated into
this contract. |
