Terms and Conditions for Gold Coast Island Adventures
The Australian Consumer Law (as enacted as Schedule 2 of the Competition and Consumer Act 2010)
provides consumers with guarantees that cannot be excluded, restricted or modified. These terms do not affect any rights you have under the ACL or any other legal rights which cannot be excluded or modified.
In these conditions:
1.1 “We” means Tallship Island Adventures Pty Ltd, trading as Gold Coast Island Adventures and Our employees, “Us” and “Our” have corresponding meanings;
1.2 “You” means the party entering into the agreement for Services with Us, and includes the party
(or parties) to whom any of “OUR” quotations (written, typed, verbal or otherwise) are addressed and the party (or parties) by whom the acceptance is signed, and “Your” has a corresponding meaning;
1.3 “Ancillary Services” means services which are ancillary to the agreed Services, but which We do not offer or provide, including personal and property insurance, and additional transportation;
1.4 “Goods” means all goods, property and other effects which are not subject of the agreed Services;
1.5 “Services” means the whole of the service undertaken by Us in connection with “OUR” service or “YOUR” booking;
1.6 “Subcontractor” means any person other than one of Our employees who, under any agreement or arrangement with Us (whether directly or indirectly) performs or agrees to perform the whole or any part of the Services;
1.7 “Third Party Provider” means any person who YOU have arranged to carry out any Ancillary Services other than the agreed Services;
1.8 Words in the singular include the plural, and words in one or more genders include all genders.
2.1 All fares for Services must be paid in full at the time of booking to be considered confirmed. No agreement will arise between You and Us until we have received payment in accordance with this clause. By purchasing a fare You agree to these terms and conditions.
2.2 All prices are quoted in Australian dollars and include Australian Goods and Services Tax
2.3 Discount vouchers and offers. You must present valid proof of discount offer or full fare will be charged, the discount is to be applied to the advertised full fare and cannot be used in conjunction with any other offer or advertised special or promotional price.
2.4 Validity date of vouchers. All discount vouchers and offers are valid until the expiry date stated on the offer or voucher. Once expired, discounts and offers cease to be valid. We may, at Our sole discretion extend the expiry date of any voucher or offer.
2.5 Prices are not available for any event night or special event tours, these will be quoted on enquiry.
3. Cancellations and Refunds
3.1 Refunds. Subject to sections 24, 25 and 29 of the Australian Consumer Law (as enacted as Schedule 2 of the Competition and Consumer Act 2010) refunds will not be given for reasons including but not limited to; change of mind, cancelling or failing to board any Service or Ancillary Service, the weather or any error made by You when booking the Services which results in Your failure to take part in Our Services or Ancillary Services (which may or may not be subject to the provision of Services by Us) by any Third Party Provider. In such circumstances the agreed Services may be transferred to another date at Our discretion and subject to the conditions outlined in this clause (3) and clauses 4 and 5.
3.2 Cancellations. Notification of a cancellation given less than 12 hours prior to departure incurs a 100% cancellation fee subject to the conditions in this clause.
3.3 Guarantee as to services for Whale Watching. We undertake to render Our services with all reasonable care and skill in the search for Whales with Your understanding that they are wild and unpredictable animals. Once the tour has commenced the fare is not refundable except in the circumstances mentioned in the provisions in the Australian Consumer Law mentioned in this clause (3). If it is decided by Our Captain that there were no whale sightings on Your particular tour will We will issue You with a ticket to return and complete another tour.
3.4 Re-booking a return ticket for Whale Watching. Where possible, We will endeavour to book Your return whale watching tour on a date stipulated by You subject to availability.
4. Date and time change policy
4.1 Any request by YOU to alter or change a booking for Services to another date or time must be made 72 hours prior to the booking date and is subject to availability in the class. All changes to the date or time for Services incur a $10 fee per booking which is payable at the time of the request and confirmation is subject to the conditions in clause 2.
4.2 If WE are required to alter, change or cancel times or dates for the agreed Services due to circumstances including circumstances beyond Our reasonable control such as those specified in clause 7, WE agree to transfer your booking to another date agreed by YOU and at Our discretion, subject to availability in the class with the understanding that we will waiver the $10 booking fee.
4.3 If, in Our discretion we agree to transfer a ticket for Services to a different class or higher promotional price You must pay the difference between the purchased ticket and the higher price.
5. Group bookings, private charters and special event cruises
5.1 A booking is considered to be a group booking if there are 10 or more participants.
5.2 If a date for the performance by Us of any Services is agreed upon in the quotation and acceptance (the agreement) and You require that date to be changed, We will be entitled to make a reasonable additional charge for any administration loss or additional expense occasioned by such alteration or unavailability.
5.3 Group bookings and private charters for Services require a 30% non-refundable deposit to reserve the booking. Final numbers of participants and payment in full must be received no later than two weeks prior to the cruise date to confirm the booking.
5.4 Any request by YOU for changes in date for performance by Us of any Services are subject to the conditions in clause 3
5.5 If a date for performance by Us of any Services is cancelled by You We reserve the right to retain the deposit for the administration loss and/or additional expense occasioned by such cancellation.
5.6 All cancellations by You for performance of Services must be communicated to Us verbally or by telephone and acknowledged as received. Written communication must be provided to Us within a reasonable time from Our acknowledgement of Your cancellation.
6. Your Obligations and Warranties
6.1 Information supplied by You. You warrant that any information which You have provided to Us and on which We have reasonably relied in assessing any quotation or estimate of the resources necessary to carry out the service is accurate.
6.2 Special Dietary Requirements. You warrant that any information regarding special dietary requirements and allergies is to be provided by You to Us at the time of booking. We 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 selecting meals and any information provided by Us in regards to food content is to merely assist You in making that decision. In exceptional circumstances, with our prior written consent You may bring your own meal.
6.3 Medical Conditions. You warrant that You are physically fit and capable of undertaking the agreed services and have checked the menu inclusions and full tour details before travelling;
(a) Seasickness. Our vessels travel the open oceans are subject to the conditions of nature. You must take your own precautions in regards to seasickness. We accept no liability for the effects of seasickness on You that may be caused by the effects of nature. We will not issue You a refund in part or full in the event You become seasick. We will also not be liable for Your direct or direct loss, nor will We be liable for any other damage, loss, expense, loss of time, disappointment, inconvenience, or any other consequential loss (such as loss of Ancillary Services) suffered by You due to seasickness.
6.4 Children under the age of 18 must be accompanied by an adult
7. Mode of Carriage
7.1 We shall be entitled to carry, or arrange for the carriage of persons by any reasonable route (having regard to all the circumstances including the nature and destination, safety and lawful requirements) and by any reasonable means.
7.2 We reserve the right, for lawful purposes if We consider necessary (for example, due to mechanical breakdown, or in the interests of safety or due to weather conditions), to substitute vessels without notice (including any vessels of a third party), deviate from a vessel’s advertised route, cancel or abandon the cruise either before or during the cruise, change any menu, service, schedule, program, performance or cruise fare.
7.3 We will endeavor 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, We will not be liable for Your direct or direct loss, nor will We be liable for any other damage, loss, expense, loss of time, disappointment, inconvenience, or any other consequential loss (such as loss of Ancilliary Services) suffered by You.
8. The Service of Alcohol
8.1 Australian and QLD law requires You to be 18 years or over to be served alcoholic beverages. At no time will any person be admitted onto Our vessels or any of Our licensed premises or served alcohol if they are; exhibiting symptoms of intoxication (as per the RSA under the Office or Liquor and Gaming Regulations) are aggressive, quarrelsome or disorderly; are, or are suspected of being, under the influence or in possession of any illegal substance or are found soliciting patrons or staff. We reserve the right to refuse admission / boarding to any person deemed to be in breach of QLD RSA guidelines, NO REFUND will be given in part or full if a person is refused under these circumstances.
9. Subcontractors and Third Party Providers
9.1 We may, for lawful reasons use a Subcontractor to undertake the whole or any part of the Services, but if We do so, We will continue to be responsible to You for the performance of the Services.
9.2 Liability of Subcontractors and Employees. Any provisions in these conditions which limit Our liability also apply to Our Subcontractors, Our employees and the employees of Our Subcontractors. For the purposes of this subclause, We are, or are deemed to be, acting as agent or trustee on behalf of each of the persons referred to, and each of them shall to that extent be deemed to be parties to this agreement.
10.Loss or Damage
10.1 Except where the Services are required by You for the purposes of a business, trade, profession or occupation in which You are engaged, this agreement will be subject to the consumer guarantees set out in sections 60, 61 and 62 of the Australian Consumer Law (as enacted as Schedule 2 of the Competition and Consumer Act 2010) being, in particular, a guarantee that the Services will be rendered with due care and skill, and the following conditions of this clause (9) will apply.
(a) Our vessels operate on busy waterways and are subject to the perils of cruising on such waterways including damage and injury arising out of, or in connection with, tidal and weather conditions and the navigation of other craft.
(b) Our licensed premise, restaurant and function venue is situated in natural bushland which is the habitat of animals and insects of the area. We guarantee that the Services provided in this habitat will be rendered will due care and skill however;
We will not be liable for any loss or damage nor any delay which results from any cause beyond Our reasonable control, including any loss or damage occurring in the course of the provision of Ancillary Services by Third Party Provider.
10.3 Damage to Goods – Inherent Risk. Certain goods (including electrical and mechanical appliances, computer equipment, cameras, recording devices and the like) are inherently susceptible to water, moisture or similar damage or disorder during the agreed service. All due care and skill with be taken by Us but unless that damage or disorder results from lack of due care and skill on Our part, We will not be liable.
10.4 Notification of Loss or Damage. Any claim for loss or damage under this clause is to be notified by You to Us verbally or by telephone and later confirmed in writing within a reasonable time after the date of service. We will have the best chance of locating any misplaced items, or ascertaining the cause of damage, if that notification is given to Us within 2 working days.
11.1 Negligence. We will only be liable for loss, damage, injury or death resulting from Our negligence (including the negligence of any Subcontractor, but excluding the negligence of any Third Party Provider contracted by you), and in any event that liability will be limited to the requirements under the Australian Consumer Law, other relevant legislation or Your common law rights.
11.2 Claims. In circumstances where We are liable under subclause 10.1 notice of the claim must be given by You to Us as soon as possible (ASAP). Written notice must also be given within 14 days of the date of service
12.1 Insurance is not supplied with this agreed service. You may arrange any insurance with an independent insurer of Your choice.
13. Provisions Severable
13.1 It is hereby agreed that if any provision or any part of any provision of these conditions is unenforceable such unenforceability shall not affect any other part of such provision or any provision thereof.
14.1 Notification of Dispute. If You or We consider that a dispute has arisen in relation to this agreement (either during the Service, or after they have been completed), written notice of the dispute will be given to the other party. Even if that notice is given, You and We must continue to perform any obligations outstanding by Us under the agreement.
15. Variation and Notice
15.1 Variation. The terms of these conditions cannot be varied other than by Your and Our mutual consent. Our consent can only be given by The General Manager, and must be evidenced in writing.
15.2 Notice. Any notice to be given by Us to You may be given personally or by prepaid post addressed to Your address last known to Us, or by electronic mail and must be acknowledged to be confirmed.