Please carefully read the terms of this Cruise Contract. The
terms are an integral part of the contract between passengers
and the Company. In accepting this contract, it will be deemed
at all times that you have read and understood the conditions
hereof, and you agree to the terms herein contained Attention
is particularly drawn to the Company's right to exemption and
limitation of liability.
.
Upon payment of the fare for the agreed cruise described on
the passenger ticket and the Company's brochure and subject to
the other terms of this contract, Captain Cook Cruises agrees
to accept the passenger or passengers named in the passenger ticket.
(a) "Passenger” means anyone buying the passenger ticket
or using it as a passenger or anyone named on the ticket. (b)
"Carrier" includes the Company and the vessel named
on the passenger ticket, her owners, charterers and operators,
any substituted or connecting vessel and all launches and vehicles
belonging to the vessel or owners or operated by any of the above.
The Company is not a common carrier (c) "Sea" means
the waterways of the Great Barrier Reef, Murray River, Fijian
Islands, Sydney Harbour or such other places as the Carrier may
from time to time select. (d) "Sailing"
shall mean and include the time the passenger embarks on his/her
cruise until the cruise is completed.
(a) Your authority to agree. In buying the passenger ticket
you state that you are authorised by or on behalf of any passenger
listed on the ticket (including any minor) to agree to all the
terms of this contract. (b) No transfer This
contract is between the Carrier and the passenger
It cannot be sold, assigned or transferred to any other person
without prior express written consent of the Carrier (c) No third
party responsibility. This contract is only with the Carrier.
No other person or Company shall be responsible in any way to
the passenger. (d) Limitations apply if third party is held responsible.
However if any other person or Company is held responsible, all
benefits, limitations, exemptions from liability, defences and
immunities referred to in this contract or under law or treaty
or from any other source apply to such persons or Company and
their vessels, agents, servants and employees. (e) Contract continues.
This contract remains in effect for all periods when the Carrier
is under any responsibility to the passenger or the passenger's
property. (f) No oral changes. No addition, variations, or waiver
of any of the printed terms of the contract can be
effective unless it is expressed in writing and signed by the
Carrier or its Authorised Agent. Any changes must refer to the
passenger and ticket Number Any waiver by the Carrier of any of
its rights under this contract, or failure to assert or enforce
such right, cannot affect any other rights of the Carder It will
not affect even the same right if and when the Carrier may decide
to apply that right. (g) Invalid terms or applications do not
affect remainder If any term of this contract or any application
are found invalid or unenforceable, this contract shall continue
in full force and effect for all other purposes.
(a) Payment of fare. The fare agreed between the passenger
and the Carrier shall be payable as follows: (i) Two hundred dollars
(Australian) deposit at the time of booking; (ii) Balance of fare
at least sixty days prior to sailing date. (b) Increases.
The validity of fares are detailed in the Company's brochure.
(c) What is covered. The fare as agreed shall include cruise passage,
food and accommodation while onboard. The fare does not include
Gratuities, Drinks, Wines, Liquors, Gift Shop purchases, Shore
excursions, Miscellaneous extras or other personal needs, or medical
care. Payment for all additional goods and services
must be made in cash or by credit card upon demand by the
Carrier prior to the passenger's disembarkation.
Deposit required when booking = AUD $300 pp
Cancellations received
60
days or more prior to departure = AUD $200
30 - 59 days or more prior to departure = AUD $350
15 - 29 days or more prior to departure = 75% of Cruise costs
28 days or less = 100% of Cruise costs
Special
cancellation and payment policies apply to groups of 15 or more.
(a) Unauthorised disembarkation. If the passenger interrupts
the cruise and disembarks at an intermediate port or place without
prior agreement or the written approval or permission of the Carrier,
its servants or agents, the passenger does so at the passenger's
own risk and expense. No refunds will be made in such cases. (b)
Failure to make sailing. If the passenger misses any sailing of
the vessel from any port, the Carrier shall not be
liable for any costs, expenses or damages incurred by the passenger
as a result thereof.
(a) Adherence to rules. All passengers must abide by all rules
and regulations of this contract. Any questions a passenger may
have shall be directed to the Carrier's General Agent or to the
master onboard the vessel or his representatives. (b) Accommodation.
Accommodation shall be designated by the Carrier, his servants
or agents and shall be paid for at the regular rate for such accommodation.
(c) Involuntary disembarkation of passenger The Carrier may refuse
to transport and may disembark any passenger at port at any time,
due to illness, disease, injury, mental problems, vulgar or improper
conduct, abuse of alcohol or drugs, refusal to obey regulations,
or whose presence in the opinion of the master may be detrimental
to the comfort or safety of other passengers, the vessel or the
crew. The Carrier shall not be liable for any expenses incurred
in declining to carry a passenger or for the involuntary disembarkation
of a passenger (d) No pets. Pets and other animals are not allowed
on the vessel.
(a) Passenger is fit for the cruise. The passenger warrants
that be or she is physically fit and capable of undertaking the
agreed cruise. The Carrier in its sole discretion may require
a Doctor's Certificate from any passenger in that regard.
A certificate of Fitness to Travel is required from all passengers
over 70 years of age. (b) Consent to treatment. If, in the opinion
of the Carrier, a passenger is in need of medical assistance and
is unable to request it, the passenger hereby consents to the
Carrier making such medical arrangements as it deems necessary,
at the cost of the passenger (c) Passenger's obligation to
report medical conditions. The passenger must report any
pre-existing illness, disability or pregnancy or any other conditions
for which the passenger may require medical attention during the
course of the voyage to the Carrier or its General Agent before
the passenger ticket is issued. If any such condition arises after
the ticket is issued it must be reported to the Carrier, its servants
or agents before boarding or as soon as such illness or disability
is known. Failure to report any such condition shall completely
absolve the Carrier, its servants or agents from all or any liability
in respect of such condition. (d) Lack of obligation to examine
passenger The Carrier does not have any obligation to examine
any passenger prior to boarding or sailing for any purpose, and
the Carrier relies entirely on the passenger's warranty as to
fitness herein before referred to (e) Refusal of passage. The
Carrier reserves the right to refuse passage to a passenger who
has failed to give proper notice of physical disability, illness
or handicap requiring special care, attention or treatment or
who in the Carrier's opinion is physically or mentally unfit for
travel. In such event the fare will be refunded at the sole discretion
of the Carrier, and the Carrier shall be entitled to deduct any
expenses associated therewith. (f) Treatment at passenger's risk.
Subject to the foregoing, any medicines, surgical attendance or
medical treatment furnished by a qualified Doctor or Medical service
personnel (all of whom are engaged as independent contractors)
designated by the Carrier or the ship's officers or other servants
of the Carrier, shall be and are accepted at the passenger's sole
risk, and the Carrier shall not be responsible for the
quality, nature or consequence thereof.
(a) Changes in vessels. The Carrier may at any time, without
notice, cancel or change the date of sailing, or substitute vessels.
The passenger shall have no claim against the Carrier by reason
of any cancellation, change or delay of sailing or arrival, for
hotel or board bills, travelling expenses or other loss, delay,
inconvenience or expense whatsoever. The Carrier will refund the
fare paid if and only if the passenger does not subsequently take
passage on the delayed vessel or any substituted vessel of the
Carries The provision of this section may only be waived by the
Carrier (b) Approximate schedules. Sailing schedules and times
of arrival and departure may be altered at the discretion of the
ship's master or Carrier due to unforeseen circumstances. Any
costs of food and accommodation ashore are the sole
responsibility of the passenger (c) Deviations. The vessel and
her master shall have the liberty to; without pilots, *tow and
assist vessels, including those of the carrier in all situations,
*deviate from the usual, advertised or scheduled route, * put
back to or into, or to call or stop, or omit to call or stop at
any port or place, on land or at sea in or out of the route of
the usual, advertised or scheduled voyage, even though doing so
may involve going backwards or away from the port of destination.
These things may be done for any reasons which are sufficient
in the judgement of the Carrier or the master, including but not
limited to, offering or rendering assistance in every effort to
preserve life or property. (d) Government and underwriters' orders.
The vessel and the master shall have liberty to comply with all
orders given by competent governmental authorities and
the underwriters of the vessel and the Carrier. (e) Interruption
of voyage, (i) Acts of God etc. If the vessels' voyage is interrupted
or if the vessel is unduly delayed or prevented from proceeding
in the ordinary course by - *acts of God, *perils of the sea,
harbours, rivers or other navigable waters, *act of government
or ruling authority, *epidemics, · collision, *stranding,
*fire, *faults or errors of navigation or management of this or
any other vessel, *seizure of the vessel under legal process,
*any abrupt or unexpected increase in the cost of fuel or shortage
of fuel, *war, *hostilities, *riots, · strikes or labour stoppages,
or *any other cause or circumstance beyond the Carrier's responsibility
and control. The Carrier shall have the right to terminate the
vessel's voyage at any time without notice and for any reason
whatsoever, In that event the Carrier may (at its absolute discretion,
of which it shall be the sole judge refund such proportionate
part of the fare. (f) Indemnity by passenger. The Carrier shall
have the right to be indemnified by the passenger for all penalties,
fines, charges, losses and expenses imposed upon or incurred by
the Carrier or the vessel because of the passenger, or a minor
or any other person in the passenger's care.
(a) Baggage means only trunks, handbags, valise, satchels
and bundles, containing wearing apparel and personal effects.
(b) Limitation of shipments and liability. The Carrier does not
undertake to carry as baggage any merchandise, samples,
furniture, household goods, tools of trade, property belonging
to any person other than the passenger, pictures, perishable goods,
glassware, liquids, bric-a-brae, money, documents or valuables.
The passenger states no such articles are or will be contained
in any receptacle or container presented as baggage. (c) If any
such baggage or articles as referred to in (a) and (b) above are
shipped by the passenger as baggage, the Carrier shall have no
liability as bailee or carrier or in any other capacity, either
for negligence or otherwise. (d) Allowable weight or cubage. Each
passenger is allowed free transportation of hand baggage not exceeding
0.5 cubic metres in volume. Each additional piece will be charged
for at the Carrier's current rate. (e) Marking of baggage. Each
piece of baggage shall be marked with the full
name and address of the passenger The Carrier shall not be liable
for loss, damage or delay resulting from the passenger's failure
to mark each piece of baggage plainly as directed. (f) Hazardous
items. The passenger shall not place in baggage firearms, inflammable
matter of any kind such as matches, gunpowder, cartridges, films
etc. Such articles may be thrown overboard or destroyed at any
time without liability. Should loss, damage or delay to the vessel,
or her cargo, or to any of the passengers, the crew, or other
persons onboard, be caused by dangerous articles brought by the
Passenger, the passenger shall be liable for the full amount of
all resulting damage. (g) Forbidden items. The passenger shall
not bring onboard articles, the importation or exportation of
which may be forbidden or which do not conform to the customs
or police regulations and the laws of Australia and Fiji. Should
this rule be violated, the passenger shall be held liable for
all resulting fines, losses, damages or delays. (h) Liquor State
liquor laws prohibit passengers from bringing supplies of liquor
onboard the vessel, (i) Unclaimed baggage. Baggage remaining unclaimed
on arrival of the vessel will be stored at the passenger's sole
risk and expense. (j) Valuables. The Carrier is not responsible
for money, jewellery, documents and any other valuables which
passengers keep on their persons, in their cabins or in
their baggage. (k) Insurance by passenger The passenger is strongly
recommended to obtain adequate insurance to cover his/her baggage
and personal effects and all other risks.
(a) No liability for certain events. The Carrier and the vessel
shall not be liable for loss, death, or delay of, or injury to,
any passenger or loss or damage or delay to his baggage, personal
effects or other property, arising from: *acts of God, *public
enemy, *government restraint, *riots, *strikes, *lockouts, *labour
troubles, whoever may be the instigators thereof, *epidemic, *civil
disturbances of whatever nature, *perils of the sea, harbours,
rivers, or other navigable waters, *fuel shortages or abrupt and
unexpected increase in fuel costs .*collision, *stranding, *fire,
*theft, barratry, or any other crime by any person, *faults
or errors of navigation or management of this or any other vessel,
*explosions, *breakage of shafts or any defect or unseaworthiness
in hull, machinery or appurtenances, equipment, furnishings or
supplies of the vessel or launches or vehicles or any defect of
the Carrier's premises, at whatever time existing, *fault or neglect
of pilots, tugs, regular members of the crew, agents, servants,
independent contractors, *as particularly provided in Section
9 above, for the quality, nature or consequences of medical or
surgical treatment, *any loss, damage or delay arising from inherent
defect, quality or vice of the passenger's baggage or personal
effects or from the insufficiency, inadequacy or absence of baggage
marks or of address or description of such baggage or
effects. *Any loss or damage caused by delay in, or prevention
of sailing, prolongation of the voyage, deviation or stoppage
in transit, or from any calls at ports or departures from the
regular course of the voyage permitted by the contract, *seizure
of the vessel under legal process, *any act, omission, fault or
negligence of this or any other passenger, *any other cause or
circumstance beyond the control of the Carrier, whether or not
of the kinds listed here. (b) Limitation} on Carrier's
liability with respect to baggage and personal property. This
liability shall not exceed one hundred Australian Dollars in the
event of loss, damage or delay to any of the passenger's baggage
or other property taken with him/her on the voyage.
Whilst all care is taken, no responsibility/liability whatsoever
is borne or accepted by the Company for any other operator that
is included, for any reason, as part of a package holiday, or
conference or meeting within the Company's Ship. The passenger
agrees that any independent contractors with whom the Company
so contracts provide their services subject to their usual terms
and conditions.
