Razorfish Whitsundays Fishing Charters

“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.

Private Charters Cancellation Policy: Cancellations made less than 7-days prior to departure will result in complete forfeiture of the charter . If your charter is cancelled by your skipper due to unsafe weather conditions and circumstances out of our control, you are entitled to a date change (depending on availability and weather conditions) or a refund. 

Shared Charters Cancellation Policy: Cancellations made less than 48-hours prior to departure will result in complete forfeiture of the full price. If your charter is cancelled by your skipper due to unsafe weather conditions and circumstances out of our control, you are entitled to a date change (depending on availability and weather conditions) or a refund. 

Any loss or damage to tackle and the vessel will incur replacement or repair cost.

I hereby acknowledge and understand as follows:-

• The Fishing Charters arranged for or conducted by Kristopher Ray Trading as Razorfish Fishing Charters (“the Business”) have inherent dangers and risks, including, but not limited to, the risk of injury or death to myself and others as well as damage or loss to personal property, and that no amount of care, caution, instruction or expertise can eliminate all of these risks.

These risks include, but are not limited to:-

• frequently changing weather, wind and ocean conditions that may cause the seas to become rough and unpredictable;
• high winds;
• pitching and rolling of vessels or other marine recreation equipment;
• wet and/or slippery surfaces, decks, ladders, stairs, steps and/or railings;
• uneven surfaces, shifting/moving surfaces, fall/tip hazards, currents/surges/ waves, vessels and their mooring lines/equipment encountered while boarding and /or exiting vessels ashore, on the beach or on the open ocean; and
• and vessel traffic that can cause collisions and wakes, all of which can cause bodily contact with harmful and or moving objects and surfaces.
• In-water activities expose me to risks of drowning, choking, water ingestion, hypothermia, and /or injuries from marine life and environments.
• I am endeavouring upon the Fishing Charter at my own sole risk.
• I must comply with all of the Business employees and agent’s directions and safety instructions given before and during the Fishing Charter, and always remain alert while participating in the Fishing Charter to minimise the risk of injury to myself and others.
• I agree that, should I having any pre-existing medical conditions, diseases, illnesses, issues, symptoms, injuries or otherwise, I will consult a physician or medical professional before participating in the Fishing Charter for medical clearance to do so. By participating in the Fishing Charter, I declare that I have not been advised by a physician or medical professional to not participate. If I decide to not consult a physician or medical professional, I declare that I am in adequate physical and psychological shape to participate in the Fishing Charter.

• I hereby, waive all of my legal rights of action against the Business and its office bearers, employees or agents and fully release, indemnify, exclude, discharge and forever hold harmless, the Business from any liability for any loss or damage arising from personal injury, property damage, medical costs, death or otherwise arising out of or in relation to undertaking the Fishing Activity including without limitation, liability for any negligent or tortuous act or omission, breach of duty, breach of contract or breach of statutory duty on the part of the Business, its office bearers, employees or agents.

• Under the Australian Consumer Law (‘ACL’), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the Business is required to ensure that the services it supplies to you:-
• are rendered with due care and skill; and
• are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
• might reasonably be expected to achieve any result you have made known to the supplier.

• Under section 64A of the ACL, the Business is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the ACL if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.

• The Business may videotape, audiotape, or photograph me from time to time for instructional and promotional purposes. I consent to the Business using these videotapes, audiotapes or photographs without consent or compensation. If you do not wish to appear in videotape, audiotape and photographs you must inform the Business. I release, defend, indemnity and hold harmless, the business and its office bearers, employees or agents from and against any and all claims, damages or liability arising from or related to the use of the videotapes, audiotapes and photographs, including but not limited to claims of defamation, invasion of privacy or rights of publicity or copyright infringement, or any misuse, distortion, blurring, alteration, optical illusion or use in composite form that may occur or be produced in taking, processing, reduction or production of the finished product, its publication or distribution.