Whitehaven Beach Half Day Tour

1. All prices are stated in Australian dollars and include GST. Prices valid for travel from 1 April 2019 to 31 March 2020 where stated.
2. Child fares are for children aged between the ages of 4 to 14 inclusive. Children under 18 must be accompanied by an adult carer.
3. All inclusions are as indicated in the brochure and on the websites at time of travel. If not stated as included the item/s are at guests own cost.
4. All bookings must be reconfirmed with our Airlie Beach office the day before departure (+617 4846 7000).
5. Cruise Whitsundays reserves the right to alter prices, alter itineraries, apply a fuel surcharge, cancel departures, arrange alternative transport and vary itineraries and services if necessary.
6. All cruises are subject to sea and weather conditions particularly in the interest of passenger safety.
7. Should the company be forced to cancel a cruise our liability is limited to offering an alternative cruise or appropriate refund no greater than the fare paid.
8. Cruise Whitsundays cannot be held responsible for missed flights or consequent costs due to late arrival at airline check-in counter whatever the cause.
9. Travel insurance is recommended for all bookings.
10. The company shall not be held responsible for any property loss or damage and/or any claim resulting from personal injury or death arising whilst travelling with the company, participating in activities, on the vessel or pontoon or other company property. This disclaimer applies irrespective of the cause.
11. Where another company or persons operate the service such as transfers, diving and helicopter flights, Cruise Whitsundays is acting only as a Sales Agent. Responsibility and liability for the operation lies with that operator..
12. Payment and Cancellation fees:
    Day Cruises: No show and 24 hours or less notice cancellation is 100% of fare. 24 hours – 48 hours 50% of fare. Transfer to another Cruise Whitsundays cruise with more than 48 hours’ notice incurs no fee and is subject to availability. Transfer to another Cruise Whitsundays cruise with less than 48 hours’ notice is subject to availability and if new fare is less then no refund will be made and if new fare is higher payment of the difference is required.

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 Cruise Whitsundays; and
(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 safely 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.
LIMITATION OF LIABILITY
Liability of the Carrier
6. 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.
7. 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.
8. Section 139A of the Competition and Consumer Act 2010 and s.64A of the
Australian Consumer Law are incorporated into these conditions.
Valuables
9. 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 12.
Contributory Fault
10. 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
11. 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
12. 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.
13. 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.
14. The liability of the carrier for the loss of or damage to any luggage other than that
mentioned in Clauses 12 and 13 shall in no case exceed A$3,000 per passenger,
per carriage.
Defences and Limits for Carriers’ Servants
15. 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
16. 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.
17. If the passenger fails to comply with Clause 16, they shall be presumed, unless
the contrary is proved, to have received the luggage undamaged.
18. 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
19. The passenger must notify the carrier in writing within 3 calendar months of the
date of the incident from which any alleged loss arises.
20. 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.
21. 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.
22. 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.
23. Notwithstanding Clauses 19, 20 and 21, 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.
JURISDICTION
24. 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.
25. 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.