THE BOATS

Passenger Terms And Conditions

1. In these terms, we, us and our means Quintessential and Boundary Lane Hospitality Pty Ltd – ABN 24 661 796 210.

2. Our services are offered to you on the condition that you read and accept these terms. By making a booking with us, and/or boarding our yacht, you agree that you have read, understood and accept these terms.

3. You act as agent for all those included in your booking, and accept these terms on behalf of all persons included in your booking (including those added at a later date).
You represent and warrant that you are authorised to accept these terms for and on behalf of every person named in the booking (including those added at a later date).
You represent and warrant that you have provided a copy of these terms to all persons included in your booking, or will do so as soon as practicable.

4. When you make a booking and/or makes changes to a booking, you represent to us that you have authority from all guests in your booking.

5. You are not permitted to give or sell your booking to anyone else to use. Unless we consent, your booking is not transferable to another person.

6. While on the vessel, you must follow the instructions and directions of the skipper and crew at all times.

7. You must ensure that you are medically and physically fit for the cruise and associated activities. Any special requirements or disabilities must be disclosed to us before booking. We may refuse your booking if we are not satisfied that it is safe for you to participate in the cruise, or your participation may put the health and safety of the crew or other participants at risk, or we are unable to reasonably accommodate your
requirements.

8. A non-refundable deposit of 50% of the total charter cost is required at the time of booking to secure the reservation. The balance of the total charter cost must be received at least 14 days prior to departure. For charters reserved within 14 days of departure, full payment is required at the time of booking.

9. You may cancel your booking by notifying us in writing. Should you need to cancel your booking, please notify us as soon as possible.
a) Once the deposit representing 50% of the total charter has been paid, this amount is non-refundable.
b) A 100% cancellation fees applies if you notify us less than 14 days before your charter.
c) You may be entitled to a refund under the consumer laws, and nothing in this clause affects any such entitlement.

10. Please be ready at the departure location 15 minutes prior to the scheduled departure time. A 15-minute berthing limit applies to vessels at some wharfs and jetties. If you miss the cruise because you are not ready to board at the scheduled departure time, a 100% cancellation charge will apply.

11. Sometimes things can happen that may affect your cruise. This could include changes to laws, weather or environmental conditions, mechanical difficulties, health or safety emergencies, civil unrest, industrial action or other unforeseen circumstances outside of our control. In these circumstances, we may need to cancel your booking. We may also cancel your booking due to operational reasons. If we cancel your booking, we may offer you a refund, or the same cruise with a different departure date, or a similar cruise, either of which you may accept. You may elect to receive a full refund. You may have other rights under the Australian Consumer Law.

12. We will always endeavour to run to our planned schedule, but we may change the cruise itinerary or associated activities whenever conditions, in the opinion of the skipper, render it advisable or necessary. During the cruise, the skipper will exercise complete control over the yacht and take such actions as they think necessary to preserve the safety and integrity of the yacht and the comfort, health, safety, enjoyment and general wellbeing of the passengers and crew.

13. You must not bring on board the cruise: any items which are likely to endanger the yacht or persons or property on board the yacht, or items that may become or are dangerous; weapons of any type; animals (except a permitted service dog); illicit substances; flammable liquids; remote control devices of any kind, such as drones; power boards with surge protection devices; or any other items which are unsuitable because of their weight, size, shape or character.

14. You have a responsibility to behave safely while on board. Do not risk your safety or the safety of other. While on the cruise, participating in associated activities, and embarking and disembarking the yacht:
(a) you must take reasonable care for your safety;
(b) you must comply with any reasonable and lawful directions of the skipper and crew;
(c) you must not interfere with or misuse anything provided on the yacht in the interests of the safety of the yacht;
(d) you must not unreasonably place at risk the safety of another person;
(e) you must abide by relevant sections of the Commercial Charter Vessel Code of Conduct published by the Department of Transport, a copy of which is annexed to these Terms.

15. Breach of these terms, including the relevant sections of the Commercial Charter Vessel Code of Conduct, by passengers may result in the cessation of the cruise, with passengers being returned to shore. In such circumstances, no part of the booking fee will be refundable.

16. You must take all reasonable care for your own safety and the safety of any person in your care. This includes paying attention to the safety briefing given by the skipper or crew members on commencement of any cruise or activity, using available hand holds, and supervising people in your care.

17. Parents and/or guardians are at all times responsible for their children (or children in their care), who must be supervised at all times.

18. At the commencement of the cruise, the skipper or crew will provide an appropriate briefing to ensure passengers are aware of emergency procedures, behaviour standards and the environmental and social values of the area.

19. Any injuries, incidents, hazards, unsafe behaviour, disruptive behaviour or other concerns during your cruise should be reported to the skipper or crew as soon as possible.

20. You must not tamper or interfere with the yacht or its equipment. Water sports equipment may only be used with the express permission of the skipper or crew.

21. The skipper has the authority to prohibit the use or continued use of any water sports or other equipment, including where in the skipper’s opinion, such person or persons are not competent to operate such equipment, are behaving in an irresponsible or unsafe manner, or are failing to show due concern for other persons while operating the equipment.

22. As part of our commitment to the responsible service of alcohol, and to ensure the safety and security of passengers and crew, no alcohol is to be consumed on any public jetty. You must not consume alcohol while waiting for the yacht to be loaded.

23. There are some inherent features of the cruise and associated activities that you should be prepared for. It is important to stay safe and aware no matter how experienced you are. The risks of participating in the cruise and associated activities include:
(a) movement of the yacht due to waves, wind or currents;
(b) adverse weather or water conditions;
(c) variations in wharf and other landing levels;
(d) wet or slimy surfaces on the yacht;
(e) encountering confined spaces;
(f) interaction with wildlife; and
(g) other perils of the sea.

24. Movement in all directions is an inherent feature of a cruise. Some guests may experience motion sickness, nausea and/or vertigo as a result of the motion of the yacht. Unsecured or loose items can also move unexpectedly as a result of the motion and could be damaged.

25. Nothing in these terms excludes or restricts any rights you may have which cannot be lawfully excluded, such as under the Australian Consumer Law.

26. Nothing in these terms gives up any exclusion or limitation of liability to which we are entitled under any laws which may apply, including under the Australian Consumer Law.

27. Certain statutory guarantees and warranties apply to the supply of services provided to consumers. The nature and application of these guarantees or warranties will depend on the circumstances.

28. The following consumer guarantees may apply to the services:
(a) guarantee as to due care and skill;
(b) guarantee as to fitness for a particular purpose; and
(c) guarantee as to reasonable time for supply.

29. Where the services are not provided in accordance with a consumer guarantee you may have a right to seek a remedy under the Australian Consumer Law.

30. The services we supply are recreational services. To the maximum extent permitted by law, we exclude liability for:
(a) death;
(b) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
(c) the contraction, aggravation or acceleration of a disease; and
(d) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
(i) that is or may be harmful or disadvantageous to you or the community;
(ii) that may result in harm or disadvantage to you or the community.
This term does not apply to the extent the exclusion would apply to significant personal injury suffered by you that is caused by our reckless conduct.

31. To the maximum extent permitted by law, we exclude any liability to you that results from breach of an express or implied warranty that our services will be rendered with reasonable care and skill.

32. We may offer various recreational water activities during the charter including but not limited to snorkelling, diving, paddle boarding, kayaking, underwater scootering, use of tenders, as well as other additional water activities. Your access to and participation in these water activities may involve risk. The risks involved may result in injury or death. Prior to undertaking any water activities offered by us you should ensure you are aware of all the risks involved and the risks associated with any health conditions you may have. By participating in the various recreational water activities offered by us, you acknowledge, agree and understand that participation in the activities may involve risk.

33. You engage in the cruise and associated activities, including any water activities offered by us, at your own risk.

34. With the exception of any right or guarantee you may have under the Australian Consumer Law or other rights in relation to the supply of services that cannot lawfully be excluded, we exclude:
(a) any term, condition or warranty that may otherwise be implied into these terms;
(b) any liability for loss or damage incurred as a result of or in connection with our negligence, breach of contract or howsoever arising; and
(c) any liability for indirect or consequential loss.

35. Where the services we provide are not of a kind ordinarily acquired for personal, domestic or household use or consumption, any liability we may have is limited to supplying of the service again or the payment of the cost of having the service supplied again.

36. These terms will be read down to the extent necessary for compliance with any law including consumer laws.

37. We may collect personal information about you (including health information where necessary) to provide services to you, contact you about and process your booking, and for security, safety and administrative purposes. We may collect your personal information from you, or from people who make or update your booking or otherwise interact with us on your behalf. For the purposes outlined here, you acknowledge that we may retain your personal information and disclose your personal information to our related companies and other organisations which provide services to us (such as crewing companies, caterers, and legal and administrative service providers), and to the persons and entities who made or arranged your booking. For more details see our Privacy Policy.

38. These terms are governed by and are to be construed under the laws of Western Australia. Each party submits to the jurisdiction of the courts of the state of Western Australia.