SeaLink – Whitehaven Beach Day Tour

“supplier” means any tour operator or other supplier of the services “you” means the guest booking and person named on this reservation booking “we”, “our” means The Whitsundays Central Reservations Centre and A.J.LAURENT PTY LTD These terms and conditions apply to all bookings made through The Whitsundays Central Reservations Centre. Placing a booking with The Whitsundays Central Reservations Centre and paying a deposit constitute acceptance of these terms and conditions.

Booking Conditions
For bookings made more than 30 days prior to travel, a 25% deposit is due to secure your booking with the balance due 30 days prior to travel. For bookings made within 30 days of travel, the full payment is due immediately to secure your booking. If we do not receive your full payment within 30 days of your travel date and you do not contact us to cancel, your deposit is forfeited and your booking may be automatically cancelled by us, the supplier or both.

Payments
Prices are quoted in Australian dollars, inclusive of GST, and all payments must be made in Australian dollars. Your reservation will only be confirmed when funds have been received and are cleared. The Whitsundays Central Reservations Centre is not responsible for delays in postal delivery, bank or payment system processing. It is your responsibility to ensure that payments are received within the times specified. If the deposit or final payment is not received by the due date, The Whitsundays Central Reservations Centre has the right cancel the booking. If your final payment is not paid by the due date and in any event within 30 days of your departure, we have the right to cancel your booking and retain the deposit in full without any reimbursement to cover our costs and those of any supplier.

Cancellations and Amendments to Bookings
If you wish to cancel or amend any booking made you need to contact us in writing. You can only cancel or amend a confirmed booking by contacting us directly. If you do not contact us to cancel prior to your booking departure date, you may forfeit your deposit and further costs.

Cancellation Charges and Amendment Fees
Any cancellation or amendment made more than 30 days before travel will incur an administration fee of 25% of the total booking fee. All cancellations or amendments made within 30 days of your travel date departure will incur both an administration fee of 25% in addition to the individual supplier’s fees. Any changes requested to your booking, including but not limited to dates, are subject to availability and if they are not available, you may be required to cancel and agree to the cancellation terms. IMPORTANT NOTE: Some services and activities may not permit any refund for certain bookings. You should check with the individual supplier or The Whitsundays Central Reservations Centre prior to paying for your booking to confirm any special non-refundable conditions.

Travel Insurance
We recommend that you take out travel insurance to cover your reservation, and valuable items (e.g. cameras). Your travel insurance policy should include coverage to protect against unforeseen and last-minute cancellations or medical conditions that may prevent travel and also to cover any medical emergencies during travel at minimum.

Supplier Tours and Services Changes
In the unlikely case of a vessel break down, maintenance or unavailability, the supplier will supply an alternate vessel of a similar standard and quality. Itineraries may be affected by elements beyond our and the supplier’s control such as wind, tide, rain, storm or other weather conditions which make travel dangerous and require a delay or cancellation. It is the skipper's requirement to ensure passenger safety at all times and may use his/her professional judgment in any manner to keep his/her guests and crew safe. In the instance of such delay or cancellation, alternative options will be provided by the supplier. In the event a cancellation or delay occurs and your tour or service is cancelled and rescheduled, you will receive a full refund if you are unable to rebook your tour or service.

Liability
You are using these services and taking any tours at your own risk. We are not responsible for any loss or damage, including direct, indirect or consequential loss you may suffer as a result of your reservation, booking or anything related to your tour or services provided by any supplier. You need to ensure you are medically sound, fit and physically able to use the services. We are not liable for the event that you are refused access to any services or tours due to your medical, physical or other reasons, including intoxication. Any such claims should be addressed to the suppliers directly. You should note that sailing can be a dangerous activity and while crews will make every effort to ensure your safety, they cannot be accountable for actions or injury to you that may be ‘beyond their control’. Every effort is make to ensure your safety and you may be required to complete a pre departure questionnaire, and sign a travel agreement waiver during the check-in process of your tour with the supplier directly. We are not affiliated with nor responsible for our suppliers in any way other than as intermediary to arrange their services on you and their behalf. If you have any issues, injury, suffer any loss or damage, you need to take it up with the supplier directly. If we are obligated to cancel your travel arrangements for any reason, the liability of will be limited to a refund of all monies paid by you.

• 1. General

  (a) By purchasing the products and services offered by, or otherwise engaging with, Curtis Island Services Pty Ltd ABN 76 165 816 017 trading as SeaLink Whitsundays (SeaLink Whitsundays, we, our and us) you agree to these Terms & Conditions

  (b) All fares and prices, itinerary details, and information are correct at the time of publishing; however, these can be subject to alteration, sometimes without notice. Once you have made a booking, the fares will not change unless you choose to alter the booking. Itinerary details, schedules (including departure and arrival times), and routes are subject to alteration without prior notice at any time, including after booking. We reserve the right to cancel any services, vary any services, and substitute any means of transport. You may be entitled to a full or partial refund of any fares paid in accordance with Australian Consumer Law. In all other circumstances, any refund is at our discretion.

  (c) All services and reservations provided are subject to the conditions of the principal providers and no responsibility is accepted by SeaLink Whitsundays for the acts or omissions of any third party.

  (d) Travel insurance is highly recommended, including for domestic travel.

• 2. Pricing and blackout periods

  All fares and prices are in Australian Dollars. Published fares are valid from 1 April to 31 March inclusive. All published fares and prices are subject to availability, surcharges, blackout periods, and seasonal variations. Always check your travel documentation for final prices. High Season rates may apply to all bookings and all rates quoted are ‘from’ rates.

• 3. Credit card fees

  A 1% fee for VISA, MasterCard & American Express of total booking cost will be charged when paying for travel, service, package or product via these methods.

• 4. Booking and final payments

  Bookings can only be secured with 100% payment.

• 5. Cancellation policy

  (a) Subject to any entitlement you may have to any full or partial refund paid in accordance with Australian Consumer Law, if you choose to cancel your booking, the cancellation fees set out in this clause 5 will apply.

  (b) Applicable to all SeaLink Whitsunday tours. Cancellation of a booking or part thereof will incur the following fees:

  • Between 14 days and 48 hours before departure – cancellation fees equal to 20% of the total bookings fees.
  • Within 24 hours – 48 hours before the tour- cancellation fees equal to 50% of the total booking fees.
  • Within 24 hours of departure -cancellation fees equal to 100% of the total cost.

  (c) If a tour is cancelled by SeaLink Whitsundays due to inclement weather or unforeseen circumstances a transfer to another date of travel or a full refund will be offered.

  (d) A ‘no show’ at the time of departure will incur a cancellation fee equal to 100% of the total booking fees.

  (e) Please note operators/agents (other than SeaLink Whitsundays) may charge cancellation fees in addition to the above.

  (f) Cancellation fees have been calculated with reference to the reasonable costs incurred by us as a result of the cancellation, and the likelihood that we will be able to re-book the cancelled booking.

• 6. Itinerary changes

  (a) Due to tidal restrictions and weather conditions on the day, the direction, destination, and order of travel may change.

  (b) You may request a change to the day of travel or other amendments to the original booking, subject to payment of additional fees. For more information, please contact SeaLink Whitsundays.

   

• 7. COVID-19 and vaccination requirements
• 8. Travel insurance

  Holiday plans can be disrupted and cancellation fees can be costly. Travel insurance is inexpensive and highly recommended, including for domestic travel. Please note that Travel Insurance may not cover disruptions caused by mechanical breakdowns or adverse weather conditions.

• 9. Child policy

  Child prices apply to children aged 5 to 14 years, inclusive. Children under 5 years of age travel free of charge on SeaLink Whitsunday Tours.

• 10. Gift vouchers
• 11. Privacy Statement

  SeaLink Whitsundays values your privacy. For full details about how we deal with your personal information, please read our privacy statement available here.

• 12. Conditions of SeaLink ferry passage

  (a) SeaLink Whitsundays is not a common carrier and reserves the right to refuse to carry any passenger, baggage or goods at its discretion.

  (b) When you travel on a SeaLink Whitsundays service, you must:

  • be present at the terminal a minimum of fifteen (15) minutes prior to the service's scheduled departure time (Please refer to your travel itinerary for SeaLink Whitsundays tour check-in times)
  • respect our employees, including our vessel crew and promptly obey any instructions given to you, including a direction to provide your ferry ticket.
  • listen carefully to the safety briefing, identify your nearest exits, and familiarise yourself with the location and operation of safety equipment.
  • drink in moderation and only consume alcohol which we supply to you on the vessel – you must not drink alcohol that you bring on board with you.

  (c) All children under the age of 16 years must be accompanied by a parent or guardian when onboard the SeaLink Whitsunday vessels.

  (d) When you travel on a SeaLink Whitsundays service, you must not:

  • Smoke, (including e-cigarettes);
  • behave in an offensive manner, or in a manner which does or might cause discomfort, distress, offence or injury to another person (determined at SeaLink Whitsundays’ sole discretion);
  • board, or alight from, or attempt to board or alight from the vessel whilst it is in motion, or without permission from the crew.
  • disobey the directions of the staff or vessel crew;
  • be under the influence of or use illicit drugs on board our vessel, or use prescription drugs which you are not medically required to take;
  • do anything which may endanger the safety of the vessel on which you are travelling, or the safety of our vessel crew or your fellow passengers, including tampering, interfering with or damaging any part of the vessel or the equipment carried on board, or undertaking activities such as cycling, roller-skating, skateboarding or any other such potentially hazardous behaviour;
  • performing upon any musical instrument, distributing any advertising materials or offering any product for sale within the terminals or onboard the ferry, unless prior permission from SeaLink Whitsundays is approved; and
  • obstructing passageways. If required please seek assistance from the crew with regards to where to place luggage, pram or wheelchair during the voyage.

  (e) We reserve the right to take all steps which are reasonably necessary to ensure the safety of our employees and guests on board the vessel. If in the opinion of our crew you have not complied with your obligations as stated in these Terms & Conditions, we may take steps which include any one or more of the following:

  • move you to another seat, or another part of the vessel;
  • remove you from the vessel;
  • report you to the relevant authorities;
  • refuse you from travelling on SeaLink Whitsundays services, for any duration of time we believe is appropriate.

  (f) You may be refused boarding of the vessel, or be requested to leave the vessel if:

  • You are in breach of these Terms & Conditions;
  • you are objectionable to other passengers or our employees, or are for any reason, disturbing, causing discomfort to or threatening the safety or security of other passengers or our employees or any of our property (determined at SeaLink Whitsundays sole discretion);
  • if it appears to us that you are under the influence of alcohol or drugs or are not physically or mentally fit to travel;
  • you have failed to comply with our reasonable directions (including the directions of our staff and vessel crew);
  • you have not paid the Fare or any applicable taxes or charges, your Ticket has been reported lost or stolen (if applicable), has been dealt with by you in a way which contravenes these Terms & Conditions or has otherwise been acquired unlawfully;
  • you are, or are reasonably suspected to be, unlawfully in possession of drugs, or in possession of illicit drugs;
  • you have tampered in any way with the vessel or its equipment, made a threat, or in any way put the safety of the vessel in danger;
  • if we reasonably believe that you may pose a threat to the safety or security of the vessel, other passengers or our employees.

  (g) You will not be eligible for a full or partial refund of the fare if you are refused entry to or removed from the vessel for any reason.

• 13. Australian Consumer Law

  (a) If the Australian Consumer Law applies to these Terms & Conditions, SeaLink Whitsundays acknowledges and agrees that its services come with a guarantee that cannot be excluded. In this case, for major failures with the services, you are entitled:

  1. to cancel your service contract with us; and
  2. to a refund for the unused portion, or to compensation for its reduced value; and
  3. to be compensated for any other reasonably foreseeable loss or damage.

  (b) If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

• 14. Liabilities and Indemnities

  (a) In circumstances where the Australian Consumer Law does not apply to the provision of services to you, then to the greatest extent possible, any liability of Kelsian Group Limited and its related entities for any loss or damage, however caused (including by our negligence), suffered, or incurred by you:

  1. in connection with the services are limited to, at our election:
     1. the fare you charged and/or paid for those services; or
     2. resupply of those services.
  2. in connection with loss or damage to your luggage or belongings taken aboard the services is limited to $100.

  (b) The limitation set out in clause subclause 14(a) above is an aggregate limit for all claims, whenever made.

  (c) In circumstances where the Australian Consumer Law does not apply to the provision of services to you, then to the greatest extent allowable at law, neither party is liable to any person for consequential loss however caused (including by negligence) which is suffered or incurred by the other party in connection with the Terms & Conditions.

  (d) To the greatest extent allowable at law, Kelsian Group Limited and its related entities are not liable for any loss or damage, however caused (including by negligence) which is suffered or incurred by you in connection with:

  1. your failure to comply with these Terms & Conditions;
  2. events that are outside of the reasonable control of Kelsian Group Limited and its related entities, including where such events lead to cancellation of services or deviations or delays in the services; or
  3. the acts or omissions of any third party or independent contractor.

  (e) Nothing in these Terms & Conditions excludes or limits SeaLink Whitsundays’ liability in respect of:

  1. death or personal injury caused by SeaLink Whitsundays’ negligence or wrongful act; and
  2. fraud or fraudulent misrepresentation,

  except to the extent such liability is contributed to by you.

  (f) You indemnify Kelsian Group Limited and its related entities against all penalties, fines, charges, losses, and expenses imposed upon or incurred by Kelsian Group Limited and its related entities because of your acts or omissions or the acts or omissions of any other person in your engagement or control.

• 15. General

  (a) These Terms & Conditions are governed by the laws of Queensland, Australia and where applicable, the Commonwealth of Australia.

  (b) If any provision of these Terms & Conditions is or becomes illegal, unenforceable or invalid in any jurisdiction, it is to be treated as being severed from these Terms & Conditions in the relevant jurisdiction, but the rest of these Terms & Conditions will not be affected.

  (c) Specifying anything in these Terms & Conditions after the words ‘include’ or ‘for example’ or similar expressions does not limit what else is included.