A Booking is confirmed (and a contract between you and us comes into effect) when:
We reserve the right to decline a Booking at our discretion. If we decline your Booking and you have made any payments to us on account of that request, then we will promptly refund amounts received by us.
2. OUR SERVICES
We commence providing services to you as soon as we confirm your booking. This includes (often significant) work undertaken prior to travel to arrange and coordinate the delivery of your Journey. You also receive the benefit of work we undertake in anticipation of bookings.
Our services are limited to: (a) the arrangement and coordination of the Journey Services; and (b) the delivery of Journey Services which we directly control, operate or own.
Prices stated are in Australian Dollars ($AUD), are inclusive of GST and are subject to change prior to you making a Booking. Booking Confirmation will confirm your Price. Payments by debit or credit card are subject to a surcharge equal to the costs we incur to process the payment.
The Price includes travel onboard the vessel, compulsory government fees, and any food and beverages as stated in the Journey’s inclusions as published on our website at the time you make a Booking.
Any items not included in the Journey Services are excluded from the Journey Price, including without limitation emergency evacuation costs, gratuities, and all items of a personal nature. If we incur any of these costs on your behalf, then you agree to reimburse us for them on demand.
Children aged under 18 years of age are not permitted onboard the vessel without an adult who is responsible for them. By making a Booking, you promise that all members of your Booking will at the time of the Journey be at least 18 years of age or if under 18 years of age will be accompanied by an adult responsible for them. We reserve the right to request proof of age and to refuse to board any person unaccompanied by a responsible adult if they cannot prove they are at least 18 years of age.
Gift vouchers are valid for 3 years from the date of purchase and are not redeemable for cash. Redemptions are subject to availability. Gift voucher numbers must be stated at the time of making a Booking and cannot be applied after payment has been made.
4.PAYMENT, AMENDMENTS & CANCELLATION BY YOU
The table below outlines the following dependent on the Journey you have booked: (a) when you are required to pay the Price; (b) the terms on which you may request amendments: and (c) cancellation fees payable if you give notice or are deemed to have cancelled your booking.
|Payment||100% of the Price is due upon making a Booking|
|Amendments||Amendments permitted up to 72 hours prior to scheduled departure.
Amendments are not permitted for ‘special event days’: 14 February; 1 July
– more than 72 hours prior to scheduled departure: full refund of funds received by us
– less than 72 hours prior to departure or no-show: cancellation fee is 100% of the Price.
Cancellations of Bookings for ‘special event days’ are subject to cancellation fees of 100% of the Price.
Please note that:
5. CANCELLATIONS BY US
If we cancel your Journey for reasons other than Force Majeure (see below), we will endeavour to accommodate you on alternative dates. If that is not possible or if alternative dates are not suitable for you, then we will at your election refund you or issue you with a Credit Note equal to the Price received by us.
To the fullest extent permitted by law, we will not be responsible for any other loss or costs you incur (for example, airfares not included in your Journey, insurance and visa expenses) if your Journey or particular Journey Services are cancelled for any reason.
6. AMENDMENTS BY US
Prior to travel
We may need to make amendments or modifications to the itinerary of your Journey and its inclusions and you acknowledge our right to do this. Most changes will not be significant. If we become aware of any significant changes to your Journey’s itinerary or its inclusions that materially detract from the overall characteristics or value of the Journey (where we determine it can still proceed), then we will notify you within a reasonable time and you may elect to:
If you do not make an election prior to the commencement of the Journey (or within a reasonable shorter timeframe where the change is notified nearer to your Journey’s commencement), then you will be deemed to have elected to proceed with the Journey.
You acknowledge that the itinerary and/or the Journey’s inclusions may need to change during your Journey due to local circumstances beyond our reasonable control, including but not limited to poor weather and sea conditions. In these circumstances we will endeavour to make suitable alternative arrangements.
To the fullest extent permitted by law:
7. FORCE MAJEURE
Prior to travel
If: (a) in our reasonable opinion we (either directly or through our employees, contractors, suppliers or agents) determine that your Journey cannot safely, lawfully or reasonably proceed due to a Force Majeure event; or (b) you give us notice no more than 14 days prior to commencement of your Journey that you cannot reasonably participate in it due to Government Restrictions (for example due to border closures), then we may:
If we cancel your Journey, neither of us will have any claim for damages against the other. However, we will issue you with a Credit Note equal to the Price received by us. Please note that our ability to issue you with a Credit Note may be dependent on our suppliers issuing corresponding credits to us. We cannot guarantee that our suppliers will issue corresponding credits. In such circumstances we may instead pay you a cash refund of the Price received by us less: (a) unrecoverable third-party costs and other expenses that remain payable by us for your Journey Services; (b) overhead charges incurred by us relative to the Price; and (c) fair compensation for work undertaken by us in relation to the Journey until the time of cancellation. For the avoidance of doubt and without limitation, an illness, the development of a medical condition or the failure of any commercial transportation not included in your Journey is not considered a Force Majeure event.
If we cancel Journey Services due to Force Majeure during your Journey, we will provide you with at your election a refund of recovered third party costs plus any third party costs we don’t incur for the cancelled Journey Services or a Credit Note to the same value.
If we provide you with any alternative services or assistance where Journey Services are cancelled due to Force Majeure which you accept, then you agree that any amount to be refunded to you will be reduced by the value of these services and that assistance.
To the fullest extent permitted by law, our liability to you for cancellations due to Force Majeure is limited to your rights under this clause.
8. PRIOR TO YOUR JOURNEY
Health & Fitness
It is your responsibility to ensure that you have a suitable level of health and fitness to undertake the Journey. If you have doubts about your ability to undertake the Journey, please contact us to discuss your circumstances prior to making a Booking. We may require you to complete a health questionnaire.
If you are not self-sufficient and require assistance in relation to mobility or personal care, then you are responsible for the provision of a carer who can provide you with appropriate care. You acknowledge that crewmembers are unable to act as personal carers.
If you have any illness, injury, disease or other medical condition which makes travel unsafe for you, other guests or our employees, we may refuse to confirm your Booking or to permit you to board the vessel, and we may remove you from the vessel, without any liability on our part and without an obligation to provide you with a refund. This will be considered a cancellation by you and cancellation fees may apply.
You must notify us of any dietary requirements at least three (3) days prior to the date of your scheduled Journey. It is your responsibility to check that meals and beverages do not contain any allergens. We expressly disclaim any liability for meals or beverages that contain allergens other than in circumstances where we have been negligent.
You acknowledge that your Journey may expose you to inherent personal risks which may be greater than those present in your everyday life. These inherent risks include those associated with travel by sea. In busy waterways, changing sea, weather and tidal conditions. You travel on the basis that you accept these inherent risks and that to the fullest extent permitted by law we will not be responsible for any personal injury or death resulting from the materialisation of an inherent risk.
9. DURING YOUR JOURNEY
You must check in at the place of boarding referred to in your Booking Confirmation no later than thirty (30) minutes before the time of boarding referred to in the ticket. Failure to do so may result in our refusal to allow you to board.
You must not bring on board the vessel any goods or objects of a flammable or dangerous nature including: (i) firearms, knives, weapons or sharp objects; (ii) alcohol or illegal drugs of any kind; (iii) items that may become or are dangerous, such as seal batteries, items containing mercury, bleaches, explosives (including fireworks and flares), poisons (such as pesticides and herbicides); (iv) items prohibited by law; (v) drones; (vi) animals (with the exception of guide/assistance dogs); or (vii) glitter or confetti.
If we have reasonable cause to believe that you are carrying a prohibited item, an authorised representative of us may, subject to applicable laws, search or inspect you and your luggage. We have the right to detain, confiscate or destroy without incurring any liability to you or any other person any items carried by you which we, acting reasonably, consider dangerous or which pose a risk or inconvenience to the security of the vessel or other persons.
You must perform and observe all lawful commands or directions of the Master or their delegate. If in the Master’s reasonable opinion, you are unfit to continue the voyage or may endanger the health or safety of others on board the vessel then the Master may in their reasonable discretion do any of the following things:
Neither the Master nor us nor any other servant or agent of ours will be liable for any damage, loss or expense you incur in these circumstances. In addition, we will not be liable to make any refund of the Price.
If you act in a manner that threatens the safety of yourself or others (including our (or our suppliers’) personnel, other passengers, or third parties), our representatives may, acting reasonably, prohibit you from boarding the vessel in which case you must immediately leave the terminal. We will not be liable for any damage, loss or expense you incur in these circumstances. In addition, we will not be liable to make any refund of the Price.
Malicious or Reckless Damage
You indemnify us against any breakages or damages to any part of the vessel or our equipment located on the vessel which is caused by your malicious or reckless actions.
You acknowledge that there may be occasions where you require first aid due to an accident, illness, injury or other health condition. You consent to our personnel providing you with first aid on the basis that: (a) our personnel are not qualified medical professionals; (b) we make no warranties and expressly disclaim all warranties regarding the standard of care that may be provided; and (c) to the fullest extent permitted by law we will not be liable (and neither will our personnel) for any care given or omitted. If you are unable to do so yourself, you consent to us seeking and securing any medical treatment that we reasonably consider you require. You agree to reimburse us for any costs we incur in seeking medical treatment on your behalf.
You must pay attention to the safety briefing given by crewmembers at the commencement of the voyage. You are advised and required to take particular care in conditions of inclement, rough or heavy weather or as advised by the crew.
To the fullest extent permitted by law, we will not be responsible for any loss or damage you suffer (including personal injury or death) resulting from your failure to utilise safety devices or caused by your unreasonable or unsafe actions.
Our vessel is a licensed premises. You are not permitted to bring on board the vessel any containers of alcohol for consumption onboard. We may refuse the service of alcohol to you and may disembark you if you are intoxicated or acquire alcohol for a minor. Due to liquor licensing laws you must wear footwear at all times whilst onboard.
Smoking (including e-cigarettes or vaping) is not permitted onboard.
10. UNUSED & DENIED SERVICES
No refunds will be made for of any Journey Services not utilised, whether by choice or because of late arrival or early departure. This includes the failure of scheduled transport to operate according to schedule, which we disclaim responsibility for. This does not apply if the reason for your late arrival or early departure was due to our negligence.
Journey Services supplied by us
To the extent only that we are the principal supplier to you of Journey Services which we directly control, operate or own then we will provide those Journey Services with reasonable skill and care.
We will only be responsible for our employees in the course of their employment, and for our agents and contractors (where we have direct control over them) if they were carrying out the work we had asked them to do.
We will not be responsible for any loss, damage, claim or expense caused by the acts or omissions of yourself, of any other third party not connected with the provision of the Journey Services, or due to an event of Force Majeure.
Services supplied by Independent Suppliers
Where an Independent Supplier is the supplier of Journey Services, you acknowledge that our obligations to you are limited to taking reasonable care to select a reputable Independent Supplier and arranging for them to provide those Journey Services to you.
To the fullest extent permitted by law, we will not be responsible to you for any loss, damage, personal injury or delay attributable to the actions, omissions or negligence of an Independent Supplier and not caused by our negligence. Any claims you have in this regard must be made against the Independent Supplier.
If we supply any Recreational Services to you, then to the maximum extent permitted by law we exclude any liability for death, physical injury or mental injury or any other liability referred to in section 139A(3) of the Competition and Consumer Act 2010 (Cth) resulting from our failure to comply with a guarantee that applies under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law. This exclusion does not apply to significant personal injury caused by our reckless conduct.
General liability limitation
We cannot guarantee our schedule. As a result, you should allow ample time for connections. We will not be responsible for any loss or additional expenses you incur for any missed connections/services attributable to delays.
Australian Consumer Law and corresponding legislation in State and Territory jurisdictions in certain circumstances imply mandatory guarantees into consumer contracts (“Consumer Guarantees”). These Booking Conditions do not exclude or limit the application of the Consumer Guarantees other than to the extent they can be excluded or limited, in which case we limit or exclude the Consumer Guarantees to the fullest extent permitted. Other than the Consumer Guarantees, we disclaim all warranties and guarantees.
We are not a common carrier and will not accept liability as one. We are entitled to benefit from any limit or exclusion of liability under any Convention.
To the fullest extent permitted by law, our maximum liability to you under these Booking Conditions, in tort (including negligence) or at law is limited to arranging for the Journey Services be resupplied or payment of the Price.
In the event of a problem with any aspect of your Journey Services you must tell us or make our representative or our local supplier aware of such problems as soon as possible. This is so we or our suppliers have had the opportunity to put things right on the ground.
If you notify us of a problem during travel and we haven’t resolved it to your satisfaction, please follow this up in writing within 30 days from the end of your Journey. This is so we have the opportunity to pursue the claim with our own suppliers (if relevant). Notification of a complaint does not guarantee any particular outcome.
If you fail to follow this procedure, this may limit your rights to make a claim.
Any refunds payable by us under these Booking Conditions will be made as follows: (a) if you paid us directly with a credit or debit card, we will credit the same card with the refund unless you advise us that the card has expired or is no longer active; (b) if you paid us by direct bank transfer, we will pay the refund to a bank account notified by you; and (c) if you booked your Journey through a travel agent, then we will pay the refund to the travel agent. You acknowledge and agree that our obligation to refund you will be satisfied once we refund the travel agent, and the travel agent will be directly liable to make corresponding payments to you.
14. DEEMED ACCEPTANCE
If you place a booking on behalf of another party, you represent and promise us that you are duly authorised to provide the agreement and consent of the other party to be bound by these Booking Conditions. You agree that you will be responsible for any loss or damage we incur but would not have incurred had this been the case.
15. IMAGE RELEASE
We and our suppliers may take photographs or make recordings of you and your activities that identify you during the Journey. We reserve the right to use any images and/or recordings for promotional and marketing purposes. You consent to this use and acknowledge you will not be entitled to any payment or other compensation. If you do not consent to the use of your image or likeness, please advise us prior to the commencement of your Journey.
The contract between us and you is governed by the laws of the Northern Territory. Any disputes shall be dealt with by a court with the appropriate jurisdiction in the Northern Territory.
If any provision of these Booking Conditions is found to be unenforceable, then to the extent possible it will be severed without affecting the remaining provisions.
If these Booking Conditions are published in a brochure, you acknowledge that information within the brochure is correct at the time of publication. However, some details may change including, but not limited to Prices, Journey Services and the associated itinerary. You acknowledge that photos we publish are representative of the Journey but may not reflect that exact experience.
We reserve the right to modify these Booking Conditions at any time without prior notice. We will publish amended Booking Conditions on our website (www.darwinharbourcruises.com.au). The amended Booking Conditions will be effective upon publication. The Booking Conditions that govern the contract between you and us are those Booking Conditions in effect at the time you make a Booking Request.
You may check Journey information, including Pricing, Journey Services and the associated itinerary, prior to making a Booking Request by calling us on 1800 019 323.
These Booking Conditions are effective and apply to all Bookings made from 9 November 2023.
Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Booking means a request from you to book a Journey.
Booking Confirmation means a document issued by us to confirm acceptance of your Booking subject to these Booking Conditions.
Convention means, to the extent it applies to our operations, the provisions of the International Convention on Limitation of Liability For Maritime Claims, 1976 which have the force of law in Australia pursuant to the Limitation of Liability for Maritime Claims Act 1989 (Cth), and any other convention having the force of law in Australia and which may limit our liability in respect of the carriage of passengers and baggage.
Credit Note means a credit note issued by us redeemable within 12 months after issue against any services offered by us. Credit notes are not transferrable and not redeemable for cash. Redemptions will be subject to the booking conditions applicable to those services in effect at the time of redemption. Refunds will not be made for services cancelled by you after redemption.
Force Majeure means an event or events beyond the control of the parties and which the parties could not have reasonably prevented, and includes but is not limited to: (a) natural disasters (including not limited to flooding, fire, earthquake, landslide, volcanic eruption), adverse weather conditions (including hurricane or cyclone), high or low water levels; (b) war, armed conflict, industrial dispute, civil strife, terrorist activity or the threat of such acts; (c) epidemic, pandemic; (d) any new or change in law, order, decree, rule or regulation of any government authority (including travel restrictions).
Government Restrictions means any of the things specified in part (d) of the definition of Force Majeure.
Independent Suppliers means any suppliers of Journey Services which we do not directly control, operate or own.
Journey means a tour which we sell as principal comprising Journey Services.
Journey Services means the travel arrangements and incidental services included in your Journey being travel by sea and the supply of any included food and beverages.
Master means the person with ultimate authority for the operation of a vessel.
Price means the price for your Journey.
Recreational Services means services that consist of participation in the activities referred to in Section 139A of the Competition and Consumer Act 2010 (Cth), being participation in:
(a) a sporting activity or similar leisure time pursuit; or
(b) any other activity that:
(i) involves a significant degree of physical exertion or physical risk; and
(ii) is undertaken for the purposes of recreation, enjoyment or leisure.
“We”, “us” and “our” means Journey Beyond Cruises Darwin Pty Ltd.
“You” and “your” means all persons named in a booking (including anyone who is added or substituted at a later date).