1) These Terms and Conditions set out the terms on which you (on behalf of yourself and any person on whose behalf you are booking, together “you” or “your”) book through Dolphin Watch Cruises or Discover Jervis Bay and travel on any cruise operated by Dolphin Watch Cruises (referred to as “we”, “us” and “our” below). These Terms and Conditions constitute the agreement between you and us.
2) At the time of booking a cruise, you must pay for it in full. Once booked and paid for, all cruise tickets are 100% non-refundable but may be transferred at our discretion. Any requests to transfer a booking to another date or time must be made 72 hours prior to the cruise time, are subject to availability in the class and any promotional price of your booking and will incur a $10 transfer fee for each time a request is made. If in our discretion we agree to any transfers to a different class or promotional price, you must pay the difference between the original booked price and the price of any transferred booking. No agreement will arise between you and us until we have received payment at the time of booking in accordance with this clause. All group bookings and private charters require a 25% non-refundable deposit in order to confirm the booking and full payment and confirmation is required 3 weeks prior to the cruise date.
3) All cruise fares are quoted in Australian Dollars and include Australian Goods and Services Tax.
4) We reserve the right, if we consider necessary (for example, due to mechanical breakdown, for safety reasons or weather conditions), to substitute vessels without notice (including any vessels of a third party), deviate from a vessel’s advertised route, change any menu, service, schedule, program, performance or cruise fare. We will endeavour 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 indirect loss, or to refund any fares or portions of fares, nor will we be liable for any other damage, loss, expense, loss of time, disappointment, inconvenience, or any other consequential loss suffered by you.
5) We will make every effort to cater for your special dietary requirements and allergies. If you have any special dietary requirements please inform our reservation staff upon placing your booking. However, 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 on selecting meals. Our staff’s comments are only to assist you in making an informed decision. In exceptional circumstances, with our prior written consent you (or one of your guests) may bring your own meal.
6) Our cruises operate on Jervis Bay and are subject to the risks and perils of cruising on such waterways including loss, damage and injury arising out of or in connection with changing tidal and weather conditions and the navigation of other craft. To the extent permissible by law, we will not be responsible in tort, contract or otherwise for any loss or damage arising out of injury or death sustained by you or any other passenger, howsoever arising and whether or not arising as a result of our negligence or failure to render due care and skill. You enter into this agreement and book and travel on our cruises at your own risk. If however any guarantees, terms, conditions or warranties are implied into this agreement by any law of the Commonwealth or New South Wales, the exclusion of which would contravene that law or cause part or all of this clause to be void, then to the extent permissible by law:
(a) We exclude all other guarantees, terms, conditions and warranties; and
(b) Our liability for breach of such guarantee, term, condition or warranty is limited to the supply of the relevant cruise again or the cost of re-supplying the cruise.
7) We exclude all liability for any loss or damage to clothing or personal items/belongings howsoever arising and whether or not our liability arises in tort, contract or otherwise.
8) We may contract or arrange for third parties to provide the whole or part of the cruise and any related services to you. You must not bring any claims or actions against such third parties. If you bring such a claim or action in breach of this agreement, you agree to indemnify us and the person against whom the claim or action is made against the consequences of that claim or action. You agree that in entering into this agreement, we are acting as the agent of and trustee for each of our employees, officers, agents and subcontractors, and each of these persons is deemed to be a party to the contract for the purpose of entitling each of them to enforce, have the benefit of and rely upon these Terms and Conditions.
9) Australian and NSW law requires you to be 18 years or over to be served alcoholic beverages. At no time will any person exhibiting the following, be admitted onto, or served alcohol on the vessel: is intoxicated (as per the RSA); is aggressive, quarrelsome or disorderly; is, or is suspected of being, under the influence or in possession of any illicit substance; is found soliciting from patrons or staff. We reserve the right to refuse admission / boarding to any passenger deemed to be in breach of NSW RSA guidelines, in this instance NO REFUND will be given in part or full.
10) This agreement is to be governed by and is to be construed in accordance with the laws in force in New South Wales. Any action, claim, suit or proceeding arising out of or connected in any way with this agreement or the cruise will only be brought in the Courts of New South Wales.
11) If any of these provisions are unenforceable, this shall not affect the enforceability of any other part of the provision or any other provision. In the event of inconsistency between these Terms and Conditions and any other terms, these Terms and Conditions will prevail to the extent of the inconsistency. No waiver or variation of this agreement will have binding effect unless such waiver or agreement is in writing and signed by us.