Cruise Whitsundays Daydream Island Escape

“You” and “your” means all persons named in a booking (including anyone who is added or substituted at a later date). “We”, “us”, “our” and “Cruise Whitsundays” means Cruise Whitsundays Pty Ltd.

1. BOOKINGS

A booking is confirmed (and a contract between you and us comes into effect) when:

• You have made a Booking and have provided us with all necessary information to process your request;
• You have paid us all amounts payable at the time of making the Booking in accordance with these Booking Conditions; and
• We have sent you a Booking Confirmation.

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.

We require names to be given exactly as stated in your passport or driver’s licence (as applicable). If you do not advise the correct information and we have to re-issue documentation, then you will be responsible for any fees charged by suppliers (such as re-issue fees) in addition to our own reasonable administration fees.

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 operated Journeys
For Journeys we operate, 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.

Additional Services
For any Additional Services you book through us, we act as booking agent for the Additional Services Principal only. The services we provide to you are limited to arranging for you to contract with the Additional Services Principal for the supply of the Additional Services.

3. PRICES

Journey Prices stated are in Australian Dollars ($AUD), are inclusive of GST and are subject to change prior to you making a Booking. Your Booking Confirmation will confirm your Journey Price. Payments by debit or credit card are subject to a surcharge equal to the costs we incur to process the payment.

Child Fares

Journey Prices for children are applicable to children aged 4 -14 years of age inclusive. Infants aged under 4 years of age travel free of charge, provided that some Journeys are not available to infants. You must advise us at the time of Booking if you intend to travel with an infant. Note that infant meals are not included on day cruises with the exception of ‘Great Barrier Reef Adventures’.

Additional Services

If you book any Additional Services through us, you acknowledge that we will not confirm these Additional Services until we receive payment for these services. If the price for any Additional Services increases prior to us receiving payment, then you must pay the increased price otherwise we will not confirm the Additional Services and we will refund payments received by us attributable to those Additional Services. Child fare pricing and age limits may vary for any Additional Services booked through us.

The Journey Price does not include any scuba diving activities, which are Additional Services supplied by Reef Safari Pty Ltd as principal. Any payments you make to us for scuba diving activities are accepted by us as booking agent only.

Exclusions

International and domestic airfares and airport/hotel transfers are not included in a Journey unless specifically stated. Costs associated with passports, visas, vaccinations, insurance, meals (other than those stipulated), emergency evacuation costs, gratuities, and all items of a personal nature are not included and are your responsibility. If we incur any of these costs on your behalf, then you agree to reimburse us for them on demand.

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 your Journey Price; (b) the terms on which you may request amendments: and (c) the cancellation fees payable if you give notice or are deemed to have cancelled your booking.

Vessels may operate in inclement weather such as wind and rain, where we deem it safe to operate according to our operational and safety protocols. If you choose not to travel in these circumstances, this will be considered a cancellation by you and standard cancellation fees will apply. You should check weather forecasts and request to amend your Booking within the permitted timeframes if the forecast on the date of your scheduled Journey is not optimal for your desired experience.

* Amendments are subject to availability and the following conditions (a) a change of date must be within the same season (except in the case of Day Cruises – Flexi Fare, where a change of date must be within 7 days of original Journey commencement date); (b) name changes are subject to the substitute person agreeing to be bound by our Booking Conditions in effect at the time of substitution; (c) the payment of any Journey Price difference (and any Journey Price difference must be paid by you prior to us confirming amendments); (d) you and any substitute person are not permitted to make further amendments; and (e) cancellation of the amended Journey will be subject to cancellation fees of 100% of the Journey Price irrespective of when notice to cancel is received.

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 Journey 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 day of 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:

• proceed with the Journey, in which case we will refund you an amount attributable to the reduction in value determined by us acting reasonably; or
• cancel your Journey, in which case we will refund you all payments received by us at that time.

If you do not contact us to make an election then you will be deemed to have elected to proceed with the Journey.

On the day and during travel

You acknowledge that the itinerary and/or the Journey’s inclusions may need to change on the day of and 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.

General

To the fullest extent permitted by law:

• we will not be responsible for any omissions or modifications to the itinerary of your Journey or its inclusions due to Force Majeure or other circumstances beyond our control happening after we have confirmed your booking. This includes any loss of enjoyment or distress caused by omissions or modifications;
• if you are entitled to any compensation for any modifications or omissions, then you agree it will be reduced by the value of any alternative services we provide which you accept; and
• we will not be responsible to you for any other expenses or loss you incur resulting from any amendment or change to the itinerary of your Journey or its inclusions.

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:

• reschedule your Journey, but only if you are agreeable to the rescheduled arrangements; or
• cancel your Journey, in which case our contract with you will terminate.

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 Journey 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 Journey 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 Journey Price; and (c) fair compensation for work undertaken by us in relation to the Journey until the time of cancellation.

During Journey

If we cancel Journey Services due to Force Majeure during your Journey, we will provide you at your election with either 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 of the same value.

General

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

Travel Insurance
It is strongly encouraged that you are adequately insured for the duration of your Journey. We recommend comprehensive travel insurance to cover cancellation, medical requirements, medical evacuation, luggage and additional expenses. The choice of insurer is yours. We strongly suggest you purchase insurance at the time you pay your Journey Price. This is because cancellation fees are payable from that time.

Passports, Visas & Vaccinations
If you are not an Australian citizen it is your responsibility to ensure you hold a valid passport with sufficient validity and any required visas for your Journey.  It is your responsibility to obtain vaccinations and preventative medicines as may be required for the duration of the 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. We may cancel your Booking or refuse to board you without any right of refund if you fail to complete the health questionnaire within a reasonable time after we have reminded you to do so.

Our personnel will be pleased to provide general assistance throughout your Journey. However our personnel are unable to meet the needs of guests requiring regular medical attention and are not able to act as carers. If you require special assistance, you must be accompanied by a person who is able to provide such assistance.

Existing Medical Conditions
If you have a medical condition which may reasonably be expected to increase your risk of needing medical attention or special assistance, or which may materially affect the usual conduct of the Journey, then you must advise us prior to or at the time you make your Booking.

We may request you to provide an assessment of your medical condition from a qualified medical practitioner. If the assessment indicates that you are not fit to travel or will require special assistance which we cannot reasonably provide, then we may cancel your booking. Provided you notified us of your medical condition prior to or at the time you made your Booking, we will provide you with a full refund of payments made less any payment card processing fees.

If you fail to provide a medical assessment within a reasonable time of our request, then this will be considered a cancellation by you and cancellation fees will apply.

New Medical Conditions
You must advise us of any new or changed medical conditions which may reasonably be expected to increase your risk of needing medical attention or special assistance, or which may materially affect the usual conduct of the Journey.

We may request you to provide an assessment of your medical condition from a qualified medical practitioner. If the assessment indicates that you are not fit to travel or will require special assistance which we cannot reasonably provide, or if you fail to provide a medical assessment within a reasonable time, then this will be considered a cancellation by you and cancellation fees will apply.

General
We may refuse to confirm your Booking or to permit you to commence the Journey, and we may remove you from Journey, without any liability on our part and without an obligation to provide you with a refund if you have any illness, injury, disease or other medical condition which makes travel unsafe for you, other guests or our employees.

Dietary Requirements
Special dietary requests are required to be notified to us within 7 days after we issue your Booking Confirmation. We will endeavour to communicate your requirements to relevant suppliers. However, we cannot guarantee requests will be met by suppliers. 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.

Diving
Reef Safari Pty Ltd principally operate any diving activity. We act as a booking agent only. You will be subject to Reef Safari’s own terms and conditions for diving activity and they may require you to complete a specific medical questionnaire and to satisfy certain age and medical requirements before permitting you to participate. We understand that divers cannot fly for at least 24 hours after completing a dive. You should check requirements directly with Reef Safari. We exclude all liability for any personal injury or death suffered resulting from participation in a dive or flying after completing a dive.

Risk Acceptances & Waivers
You acknowledge and agree that your participation in certain activities may be subject to you agreeing to a form of risk acceptance and waiver of liability for participation in the activity. Independent Suppliers may also require you to agree to such forms.

You acknowledge that your Journey may expose you to inherent personal risks which may be greater than those present in your everyday life. This could be because of the adventurous nature of the Journey, travelling through and visiting remote destinations, and interactions with wildlife. 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 form the materialisation of an inherent risk.

9. DURING YOUR JOURNEY

Check In
You must check in with our representative at the location stated on your Booking Confirmation no more than 1 hour and no later than 15 minutes prior to scheduled departure.

Luggage
Luggage allowances are published on our website. Luggage limits are enforced. You will be required to leave any excess luggage at the point of embarkation for the duration of the Journey, which will be stored at your risk and cost. You will be responsible for any shipping to the point of disembarkment or such other address as you notify.

Prohibited Items
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, furniture and household goods; or (vi) animals (with the exception of guide dogs).

Searches
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.

Children
Children under 18 must be accompanied by an adult carer subject to the below). The minimum age for Reef Sleep/Suites is 6 years and all children must be accompanied by an adult carer.

Unaccompanied Resident Minors
Children who are resident within the Whitsunday Islands may travel unaccompanied provided that the child’s parent or guardian who sends the child for carriage: (a) acknowledges and agrees that we are not responsible for providing any special care to the child; (b) has arranged for the child’s care at the point of disembarkation; and (c) to the fullest extent permitted by law indemnifies us against all claims arising or occurring in respect of carrying the child, except in the case where we have been negligent.

Master’s Direction
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:

• refuse to embark you;
• disembark you at any port or place; or
• confine you to a particular place on board;

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.

General Safety
You must pay attention to the safety briefing given by crewmembers at the commencement of carriage. You must using hand and guard rails at all times as provided around the vessel, and appropriately restrain children and ensure that children are accompanied by a responsible adult at all times.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.

Medical Assistance
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.

Behaviour
If you act in a manner that threatens the safety of others (including our (or our suppliers’) personnel, other guests on the Journey, or third parties) or significantly disrupts their enjoyment, our representatives may, acting reasonably, require that you leave the Journey. You will not be entitled to any refund for unused Journey Services and you will be responsible for any additional costs you incur.

Smoking
Smoking (including e-cigarettes or vaping) is not permitted on any vehicles, vessels or aircraft.

Alcohol
Some of our vessels are licensed premises. You are not permitted to bring onboard 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.

Seatbelts
Where a vehicle, vessel or aircraft is equipped with seatbelts, you must always wear your seatbelt when onboard. To the fullest extent permitted by law, our liability to you for any personal injury, death or other damages or claims arising from an accident or incident involving a vehicle, vessel or aircraft you are travelling on as part of the Journey will be limited or excluded to the extent your failure to wear a supplied seatbelt contributed to or caused your injury or death.

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 common carriers 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.

11. RESPONSIBILITY

Our Journeys

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. Independent Suppliers over whom we may not have direct control could include hoteliers, independent transport companies (i.e., vehicles not operated by us), excursion operators, venue operators and common carriers.

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.

Recreational Services & Dangerous Recreational Activities
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.

Your Journey may involve participation a Dangerous Recreational Activity and there may be obvious risks associated with this activity. You acknowledge that the Civil Liability Act 2003 (Qld) may exclude our liability to you in negligence for any harm suffered by you as a result of the materialisation of an obvious risk of a Dangerous Recreational Activity engaged in by you.

Additional Services
You agree that our responsibility to you for any Additional Services is limited to arranging for you to contract with the Additional Services Principal. You agree that you will be subject to the Additional Services Principal’s own booking conditions. Any claim in connection with the supply (or failure to supply) those Additional Services must be made directly against the Additional Services Principal. We will in no way be responsible for the actions, omissions or negligence of the Additional Services Principal or any person engaged by them to deliver the Additional Services.

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 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 cost of the Journey Price.

12. COMPLAINTS

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).

If you fail to follow this procedure, this may limit your rights to make a claim.

13. REFUNDS

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. We will have no liability to you if the travel agent fails to make that corresponding payment 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 as least 21 days prior to the commencement of your Journey.

16. GENERAL

The contract between us and you is governed by the laws of the State of Queensland. Any disputes shall be dealt with by a court with the appropriate jurisdiction in Queensland.

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.

Any personal information you provide to us will be collected, stored, used, protected and shared in accordance with Australian Privacy Principles (and foreign privacy laws, if applicable), and our Privacy Policy, which is published at https://www.cruisewhitsundays.com/privacy-policy/

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 Journey 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.cruisewhitsundays.com). 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.

You may check Journey information, including Journey Pricing, Journey Services and the associated itinerary, prior to making a Booking by calling Cruise Whitsundays on +617 4846 7000

These Booking Conditions are effective and apply to all Bookings made from 13 December 2023.

DEFINITIONS

Additional Services means any services which are not included in the Journey (or not otherwise sold by us as principal supplier) but which you book through us such as pre and post Journey accommodation, flights, car hire and excursions.

Additional Services Principal means the principal supplier of the Additional Services.

Booking means a request from you to book a Journey and any Additional Services.

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 24 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.

Dangerous Recreational Activity has the meaning given to that term in the Civil Liability Act 2003 (Qld).

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 advisories and 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 Price means the price for your Journey.

Journey Services means the travel arrangements and incidental services included in your Journey which may include, ground transportation, flights, accommodation, excursions and guides.

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.