Joint Passenger Terms and Conditions for Quintessential and Serendipitous
In these terms, “we,” “us,” and “our” refer to Quintessential, Serendipitous, and Boundary Lane Hospitality Pty Ltd – ABN 24 661 796 210.
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 yachts, you agree that you have read, understood, and accepted these terms.
You act as an 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 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.
When you make a booking and/or make changes to a booking, you represent to us that you have authority from all guests in your booking.
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.
While on the vessels, you must follow the instructions and directions of the skippers and crews at all times.
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, if your participation may put the health and safety of the crew or other participants at risk, or if we are unable to reasonably accommodate your requirements.
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.
You may cancel your booking by notifying us in writing. Should you need to cancel your booking, please notify us as soon as possible.
Once the deposit representing 50% of the total charter has been paid, this amount is non-refundable. A 100% cancellation fee applies if you notify us less than 14 days before your charter. You may be entitled to a refund under consumer laws, and nothing in this clause affects any such entitlement.
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.
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.
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 skippers render it advisable or necessary. During the cruise, the skippers will exercise complete control over the yachts and take such actions as they think necessary to preserve the safety and integrity of the yachts and the comfort, health, safety, enjoyment, and general well-being of the passengers and crew.
You must not bring on board the cruise any items which are likely to endanger the yachts, persons, or property on board the yachts, 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.
You have a responsibility to behave safely while on board. Do not risk your safety or the safety of others. While on the cruise, participating in associated activities, and embarking and disembarking the yachts:
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.
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 skippers or crew members on commencement of any cruise or activity, using available handholds, and supervising people in your care.
Parents and/or guardians are at all times responsible for their children (or children in their care), who must be supervised at all times.
At the commencement of the cruise, the skippers 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.
Any injuries, incidents, hazards, unsafe behaviour, disruptive behaviour, or other concerns during your cruise should be reported to the skippers or crew as soon as possible.
You must not tamper with or interfere with the yachts or their equipment. Water sports equipment may only be used with the express permission of the skippers or crew.
The skippers have the authority to prohibit the use or continued use of any water sports or other equipment, including where, in the skippers’ 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.
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 yachts to be loaded.
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:
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 yachts. Unsecured or loose items can also move unexpectedly as a result of the motion and could be damaged.
Nothing in these terms excludes or restricts any rights you may have which cannot be lawfully excluded, such as under the Australian Consumer Law.
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.
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.
The following consumer guarantees may apply to the services:
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.
The services we supply are recreational services. To the maximum extent permitted by law, we exclude liability for:
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.
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.
We may offer various recreational water activities during the charters, including but not limited to snorkelling, diving, paddleboarding, 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.
You engage in the cruises and associated activities, including any water activities offered by us, at your own risk.
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:
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 the service again or the payment of the cost of having the service supplied again.
These terms will be read down to the extent necessary for compliance with any law, including consumer laws.
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.
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
