Terms and Conditions

These Terms & Conditions apply to passengers on our boats, which the passenger acknowledges having read and understood and agrees to be bound by them.

1.     INTERPRETATION

For the purposes of these terms and conditions

(a)   The CARRIER  includes the carrier’s subsidiaries, employees appointed by the carrier

(b)   The PASSENGER/S include the person undergoing the sailing course

(c)   The CARRIAGE means all times during which the Carrier legally owes a duty of care to passengers to take reasonable steps to ensure their safety.

2.     PAYMENT & CANCELLATION

(a)   A deposit of $350.00 on signing this agreement within 7 days of making your booking.

(b)   The balance of the charter fee is payable at least 30 days prior to commencement of the sail training course.

(c)   Late payment fee will incur a fee of $100.00

(d)   If the Passenger cancels this agreement by notice in writing received by the Carrier more than 30 days prior to the commencement of the sail training course, the deposit will be refunded less a service fee of $100.00

(e)   If less than 30 days of notice of cancellation is given the full sail training course shall remain due and payable and will not be waived or refunded unless the Carrier is able to obtain an alternative booking for the same period and the at the same rate. If a lesser rate or a lesser period then there shall be only a pro rata refund.

(f)     The refund is to be processed the same way the deposit was made, i.e. if paid by credit card the same credit card must be used, if made by direct deposit please advise of BSB and account number as well as Swift code (for international transfers).

(g)   The Carrier reserves the right to substitute vessels or cancel courses without notice at any time for any reason

(h)   All sailing courses are subject to weather and safety and therefore cancellations, changes to itinerary or duration due to weather, illness or to ensure passenger safety will not be refunded. The Carrier is not liable if it is beyond he Carriers control as a result of force majeure including without limitation by any act of war or terrorism, strikes or other industrial action, accident, breakdown, fire, cyclones, lightning, winds, storms or other acts of God or any events of a similar nature beyond the reasonable control of the Carrier

(i)     We recommend that you take out travel insurance

3.     INCLUSIONS / EXCLUSIONS

(a)   All accommodation and meals for the duration of the course are included as well as linen, course notes and instruction. The vessel is BYO – bring your own – meaning you will need to supply your own alcohol. Soft Drinks and water are available for purchase on the vessel. Any alcohol consumed during the cruise is at your own risk and for your own safety the carrier encourages the responsible consumption of alcohol

(b)   Entry & 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 (GBRMPA) and Queensland Parks and Wildlife for entry into the Marine and National Parks and the overall fee includes these costs and our administration costs. Costs are subject to change and are payable with the costs of the sail training course. At time of printing the local fees are charged at AUD $25.00 per person ($16.50 GBRMPA and $8.50 incl. GST for Administration Fees)

4.     SAFETY

(a)   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.

(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 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 the Master and/ or crewmember at the commencement  of the Carriage.

(c)   Passengers are advised and required to take particular care in conditions of inclement, rough or heavy weather or as advised by the Master and / or crewmember

(d)   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 a, b, c  in the Safety section – 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.

(e)   At certain times of the 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 carrier of the vessel will not be liable for any personal injury, illness, death or any other consequences whatsoever of passengers being stung by jellyfish”.

(f)     The Carrier shall not be liable for accidents, injuries or death due to swimming: the use of snorkels, masks, fins or scuba equipment weather supplied by the Carrier or otherwise. The user of the equipment must ascertain that he/she is experienced, qualified and capable of using the equipment and the equipment is in suitable condition for the purpose for which it will be used and for the person using it.

(g)   If you do enter the water to swim or snorkel you consider yourself fit to do so and that you accept any associated risks.

(h)   Whilst we make every effort to safeguard passengers, the carrier cannot be held responsible for personal injury or loss due to the actions of passengers which are beyond our control

5.     ALCOHOL AND DRUGS

The use or consumption of illegal drugs by anyone using the Carrier’s facilities, property or boats, either ashore or afloat is prohibited. The Carrier shall not be liable for any personal injury or death arising from or in any way related to the use or consumption of alcohol or illegal drugs and the Passenger shall indemnify and hold the Carrier harmless, in respect of any claims against the Carrier arising out of such personal injury or death.

6.     PERSONAL LOSS

The Carrier shall not be liable for loss of personal property, luggage and goods of the Passenger whilst on the Carrier’s property or boat.