PASSENGER TERMS OF SERVICE
- These Terms and Conditions set out the terms on which you (on behalf of yourself and any person on whose behalf you are booking, together "you" or "your") book through Australian Cruise Group Pty Ltd ABN 89 152 554 302 (referred to as "we", "us" and "our" in these Terms and Conditions) for all bookings, reservations, products and cruises operated by us including Sydney Showboats, Clearview Cruises, Magistic Cruises, Cruising Restaurants of Sydney, Magistic Events, and any other cruises, websites, operations or entities operated by us. These Terms and Conditions constitute the agreement between you and us.
Background
- Australian Cruise Group Pty Ltd ABN 89 152 554 302 (referred to as "we", "us" and "our" in these Terms) provides booking services on this website https://www.australiancruisegroup.com.au/ together with all associated sub-domains and domains (Site) owned by us.
- We are the premier distributor agent and operator of Australia’s best on-water experiences. We provide a leading network for cruise products (everything from harbour cruising to jet boating, snorkelling and diving, whale watching, riverboat sightseeing, marine life encounters and so much more), as well as operating 3 unique vessels on Sydney Harbour through our affiliated entity.
- These are our Terms in respect of any use of the Site by any users (referred to as you or your in these Terms), including making any bookings. These Terms apply whenever you access the Site, regardless of how you access the Site, including the use of information services provided through this Site. Please read these Terms carefully before accessing or using the information and services available through the Site.
- These Terms constitute the agreement in respect of any cruises, tours, experiences, attractions, goods or services (collectively referred to as Cruise Products) acquired by you.
- We sell Cruise Products as an agent and we are not the supplier of any Cruise Products. The Cruise Products are supplied to you by the business that operates the Cruise Products and supplies those to customers (Cruise Operator).
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Terms, Making Bookings And Use Of This Site
- You agree to be bound by these Terms. Your use of and access to this Site and using the Site for booking any Cruise Products constitutes your acceptance of these Terms.
- If you do not agree with any of these Terms, you must not use the Site and must immediately leave. If you breach these Terms, you acknowledge that we may immediately suspend or terminate your use of this Site and at our option take any appropriate legal action against you.
- We may also terminate these Terms and your access to the Site at any time without notice. In the event of termination, you are no longer authorised to access the Site, but all restrictions imposed on you and all disclaimers and limitations of liability set out in these Terms will survive. You represent and warrant that your use of the Site has not been terminated by us.
- By agreeing to being bound by these Terms for making any booking on the Site, you represent and warrant that you are at least 18, or if you are entering into these Terms on behalf of any person under 18, that you are that person’s parent, legal guardian or otherwise entitled to contract on their behalf. You must inform any persons under 18 about these Terms and their obligation to comply with them.
- Where you are entering into these Terms or acquiring Cruise Products on behalf of any other person, including where you provide us any personal information of that other person, you represent and warrant that you are authorised by that other person to enter into these Terms on their behalf and provide us with their personal information, including for the purposes set out in our privacy policy. You acknowledge that all contact details and other personal information provided to us will be provided to the Cruise Operator, as well as any other service providers that we may use as part of booking your Cruise Products (including booking software such as FareHarbor).
- As a condition of your use of the Site and the purchase of any Cruise Products, you represent and warrant to us that all information supplied by you in the course of your use of the Site is true, accurate, current and complete. You agree not to use the Site to make any speculative, false or fraudulent booking or requests. If you participate in any fraudulent booking, including any credit card fraud, we may notify the police or other relevant authorities.
- You must pay the price specified in respect of any Cruise Products purchased on the Site before those Cruise Products will be supplied to you, or you may use those Cruise Products. Prices are in Australian dollars (A$) and include GST, except where specified otherwise.
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Cruise Operators Of Cruise Products
- This site is provided as a platform through which you may acquire Cruise Products from Cruise Operators.
- We are not a supplier of the Cruise Products and the Cruise Operator supplies these Cruise Products directly to you. We have no responsibility for any Cruise Products provided or not provided to you by the Cruise Operator or any other party.
- We are a disclosed agent on behalf of the Cruise Operator, meaning that a listing of a Cruise Product on the Site represents an invitation to you to make an offer to acquire a Cruise Product from a Cruise Operator, and that we are free to accept or reject such offer on behalf of that Cruise Operator.
- We make no guarantee, warranty or representation regarding the standard of any Cruise Product to be provided to you by the Cruise Operator.
- All sales of Cruise Products are subject to the terms and conditions of each Cruise Operator (Cruise Operator T & Cs), and you agree to review and be bound by the applicable Cruise Operator T & Cs, as well as these Terms.
- In the case of any inconsistency between these terms and the Cruise Operator T & Cs in respect of your legal relationship with us, these Terms prevail.
- We do not control the business or operations of the Cruise Operator. Your interaction with Cruise Operator is at your own risk and we have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any Cruise Operator, or for any personal injuries, death, property damage or other damage or expenses resulting from your interactions with any Cruise Operator.
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Description Of Cruise Products
- Cruise Operator is responsible for the accuracy and completeness of any information supplied to us and displayed on the Site, for which we have no responsibility. While the Site provides information about Cruise Products and facilitates booking those Cruise Products, this does not in any way constitute our approval, endorsement or sponsorship of such Cruise Operators or Cruise Products, or any affiliation with any Cruise Operator.
- All information regarding Cruise Products, bookings, reservations and availability is provided to us by Cruise Operators. While we use our reasonable efforts to review that information, we do not represent, warrant or guarantee that it is accurate or correct.
- Information, photographs, descriptions and other illustrations on the Site are provided by Cruise Operator and the Cruise Operator is responsible for any such information, description, photographs or illustrations.
- All availabilities and dates on the Site are guidelines only and subject to change. Until any booking is confirmed, no availability is guaranteed.
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Pricing, Payment And Payment Processing
- Prices are quoted on a per person basis for Cruise Products, unless otherwise stated.
- Prices are subject to change until a booking has been confirmed.
- Inclusions in any Cruise Products are determined by the Cruise Operator, not us. Anything that the Cruise Operator does not specifically state is included may be at additional cost.
- When processing payments, we collect payment information and process your payment solely as the limited payment collection agent for the Cruise Operator.
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Modifications Or Cancellations By You
- Once a Cruise Product has been purchased, your booking cannot be changed or cancelled by you with a refund, unless otherwise stated in these Terms and the Cruise Operator T & Cs.
- Other than for special event bookings, the standard cancellation policy allows you to request a change or cancel a booking up to 72 hours before the start time of the booking, unless the Cruise Operator T & Cs specifies a longer time. It is your responsibility to check the Cruise Operator’s cancellation policy before finalising any booking.
- Special events bookings (including New Year’s Eve) have different cancellation policies, which you must check before finalising any booking. These policies are available as part of the Cruise Operator T & Cs and on your booking confirmation.
- You may request a modification or amendment to a booking. Any request for modification or amendment is subject to availability and payment of our convenience fee (on a per booking basis, in the amount of $30 for bookings up to $1,000 and 5% for all bookings above that amount), together with any change fee charged by the Cruise Operator. Any booking made with a special offer pricing or discount may invalidate the special offer pricing or discount.
- No refunds, cancellations or amendments are available at any time after the commencement time of the booked Cruise Product.
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Other Modifications And Cancellations
- Cruise Operator may change or amend the Cruise Product after purchase, and on this basis, we reserve the right (acting on behalf of the Cruise Operator) to cancel, change or substitute any Cruise Product at any time, or for any reason. If you are unable to use the Cruise Product due to the Cruise Operator’s change, you will be entitled to a refund of the price.
- You agree that neither we nor the Cruise Operator have any liability to you in respect of any cancellations or refunds (beyond the refund of the price).
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Weather
- Many of the Cruise Products are dependent upon the weather. Your booking confirmation includes contact details for the Cruise Operator so that you may confirm if adverse weather may affect your booked Cruise Product.
- If adverse weather affects your booked Cruise Product, the Cruise Operator may offer you alternative times at no cost to you, or a credit.
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Liability & Indemnity
- We do not exclude any rights, remedies, guarantees, conditions or warranties in respect of goods or services under the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory legislation which cannot be excluded, restricted or modified (Consumer Law). However, we exclude all other rights, remedies, guarantees, conditions and warranties in respect of goods or services from your use of the Site whether based in statute, common law or otherwise, to the extent permitted by law.
- Subject to the Consumer Law:
- We have no liability for any act, omission or default, whether negligent or otherwise, of any Cruise Operator or other third party.
- Where our liability cannot be excluded, such liability is limited to the value of the booking purchased to the extent permitted by the Consumer Law.
- To the fullest extent possible:
- We do not warrant the accuracy of the content on the Site or the description of any Cruise Product. Any content is provided to you “as is” and on an “as available” basis and on the condition that you take all responsibility for assessing the accuracy of the content and rely on it at your own risk.
- We have no responsibility or liability in relation to any loss or damage that you incur, including consequential or indirect loss, loss of profits, interruption of business, loss of data on your information handling system or other damage to your software or hardware, arising from your use of or access to this Site, except as set out in these Terms.
- We do not warrant that functions contained in the Site content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that the Site or the server that makes it available, are free from viruses or bugs.
- You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using the Site or the content or material on or accessible through the Site.
- To the extent permitted by the Consumer Law and as otherwise set out in these Terms, our liability for any breach of a term or condition implied by law is limited at our discretion:
- if the breach relates to goods, replacing, repairing or supplying goods equivalent to those goods or paying the cost of replacing or repairing them or acquiring equivalent goods: or
- if the breach relates to services, resupplying, or paying the cost of resupplying, those services.
- You indemnify us and our affiliated companies, and each of their directors, officers, employees and agents against any action, claim, loss or expense which it incurs which arises from your use of the Site (except to the extent which we are responsible under these Terms).
- You agree that in entering into these Terms, we are acting as the agent of and trustee for each of our employees, officers, agents and subcontractors, and each of these persons is deemed to be a party to the Terms for the purpose of entitling each of them to enforce, have the benefit of and rely upon these Terms.
- Some of the Cruise Products that we offer as an agent may be dangerous. Prior to ordering or participating in any Cruise Product, you are responsible for making yourself aware of the risks involved, and any insurance coverage offered by Cruise Operator. We make no representation or warranty about whether Cruise Operator has adequate insurance, or whether you need to obtain your own insurance for participating in the Cruise Product.
- If you have any problem or complaint with a Cruise Product, you should notify the Cruise Operator within 48 hours of completion of the Cruise Product so that the Cruise Operator may deal with the problem or complaint. As we are not the Cruise Operator and do not know what occurred in the delivery of any Cruise Product, we cannot accept notice of any problem or complaint about delivery of the Cruise Product.
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Intellectual Property
- All intellectual property in relation to content on this Site belongs or is licensed to us or our affiliates (or the Cruise Operator). You obtain no interest in that intellectual property. All content on this Site may be protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.
- You may download and view content or print a copy of material on this Site for personal, non-commercial use provided you do not modify the content in any way (including any copyright notice). All rights not expressly granted under these terms of use are reserved by us. Unless expressly stated otherwise or as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, or republish anything you find on the Site without the copyright or trade mark owners’ permission.
- Our name, logo and identifiers are registered trade marks or other intellectual property belonging to us or our related bodies corporate. Other trade marks may be displayed on the Site from time to time. These may belong to third parties (including Cruise Operators). Nothing displayed on the Site is construed as granting any license or right of use of any logo or trade mark displayed on the Site without the express written permission of the relevant owner.
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Third Party Content And Links
- This Site includes third party content which is subject to that third party's terms and conditions of use. Nothing on this Site should be construed as granting any licence or right for you to use that content.
- This Site includes links to unrelated third party sites and in relation to which we have no control or interest. You must take appropriate action to ensure that your access to, and use of this Site and other websites is protected against, and free from viruses, worms, trojan horses and other harmful and destructive material.
- You may provide content via the Site (including in any comments, reviews, feedback, photos, videos, ratings, blogs, profiles, live chat and other similar contributions or submissions) (User Content). Any User Content on the site is solely the comments of the contributor and does not represent our views and is not endorsed by us.
- When posting User Content on this Site, you warrant that you created or otherwise have all necessary intellectual property rights to publish the relevant material, you indemnify us in respect of any claims from the publication of User Content, and you must provide true and correct name and contact details. You must not impersonate anyone, or mislead anyone as to the source of the comments.
- By providing any User Content, you grant us an irrevocable, royalty free, perpetual, non-exclusive worldwide licence to reproduce, publish, communicate, adapt and sublicence that User Content. We are authorised to adapt User Content and use it either with or without attribution, and you waive forever any moral rights you may have in relation to that User Content. We have no obligation to maintain confidentiality in User Content, pay you for the User Content or respond to any of it.
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Website Prohibited Activities
- You agree that you will not, and will not assist anyone else to, use the Site for any commercial or unlawful purpose, access, monitor or content on the Site using any robot, spider, scraper or other automated or manual means, do anything that unreasonably or disproportionately imposes a load on our infrastructure or makes excessive demands on the Site, frame, mirror or otherwise incorporate any part of the Site in any other website without our prior written consent, use the Site to defame, threaten, stalk, defraud, insight, harass or otherwise interview with any other user’s use of the Site, attempts to gain unauthorised access to the Site, disrupt or interfere with the security of, or otherwise cause harm to the Site, or circumvent any security related features of the Site.
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General
- These Terms are governed by and interpreted in accordance with the laws of New South Wales. You submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of these Terms, which will continue in full force and effect.
- If any part of these Terms is unenforceable, this shall not affect the enforceability of any other part of the provision or any other provision deemed invalid, that part will be severed from these Terms and the remainder of these Terms will continue to be valid and enforceable.
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Privacy
- Our Privacy Statement forms part of these Terms
- For an explanation of our practices and policies relating to the collection, use, and storage of information of users of this Site, you should view the Privacy Policy at https://www.australiancruisegroup.com.au/privacy-policy.
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Contact Us
- You can contact us on: Email: help@australiancruisegroup.com.au
CRUISE OPERATION
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We reserve the right, at our sole discretion or that of the Operator or Captain, to vary the agreed course because of weather, wave height, traffic, Vessel survey restrictions, or any other cause which the Operator or the Captain believes is justified in the interests of the comfort or safety of passengers, crew, the Vessel and other Vessels.
You acknowledge that the Captain has the sole discretion at all times to take whatever action is necessary to protect and maintain the safety, welfare and good order of the Vessel, its passengers and crew with regard to the weather conditions and other activity on the waterways in which the Vessel operates.
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Safety is of paramount importance. You must follow the instructions and directions of the Captain, Cruise Director and crew (management on board) at all times.
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Wherever possible you must take reasonable precautions to ensure the safety of yourself and others in your care (particularly children).
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You must always use the hand and guardrails whilst moving around the Vessels for safety reasons.
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Our fleet does not offer wheelchair accessibility. Whilst our vessels are not wheelchair friendly, our crew will be happy to assist passengers with limited mobility in boarding the vessel both on the gangway and using the stairs, with your or a carer's consent, where possible. We do not accept any risk or liability in relation to our staff providing assistance with boarding. Guests must make their own informed decision in choosing to access the vessel with assistance of the crew at the boarding point. Amenities on some of our boats are located on lower levels accessible by stairs only. We do not recommend our cruises to guests with mobility restrictions which prevent them from using stairs. We do not have facilities to store motorised wheelchairs or heavy/non-collapsible mobility devices, either onboard or on the wharf. If you contact our staff either by phone or email, our staffs' comments are only to assist you in making your own informed decision on whether the vessel is suitable for the guest's mobility requirements. Staff comments must not be misinterpreted that the vessels are wheelchair friendly. In the event that a guest is unable to access the vessel due to their mobility limitations, a refund will only be provided for the guest and 1 carer.
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You must always wear comfortable and appropriate shoes, suitable for a boat.
All cruises operate subject to minimum loading to make it viable.
The Company reserves the right to transfer your booking to a similar cruise on the same cruise date.
We will advise you details of your new cruise by forwarding you a new e-ticket with all the cruise details. We will always endeavour to assign you to a cruise that operates closer to your departure time and duration of cruise. On receiving your new e-ticket please review the cruise details including the menu and inclusions.
If you wish to not proceed with the scheduled new cruise please forward the new e-ticket to the following email (help@australiancruisegroup.com.au) at least 24 hours prior to departure so that we can reschedule your cruise to the next available departure.
SCHEDULED DAILY CRUISES
A scheduled cruise is a regular lunch, sightseeing or dinner cruise and does not include New Year's Eve and special event cruises.
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INDIVIDUAL BOOKINGS
An individual booking is defined as all bookings having less than 10 passengers on a single E-ticket.
Individual bookings require full payment at time of booking.
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GROUP BOOKINGS
Group bookings are defined as all bookings for 10 or more passengers on a single E-ticket.
Group bookings can be made with a 20% deposit up to 24 days prior to the cruise date. Final payment is required 21 days prior to cruise.
If your cruise date is less than 21 days ahead of the booking date, full payment is required to confirm your booking.
CANCELLATION FEES
The below cancellation terms will apply irrespective of personal circumstances/reasoning. We will not engage in any correspondence for cancellation requests made within the 100% cancellation fee period.
Scheduled Lunch and Dinner Cruises (*only for select cruises)
Individual Bookings (up to 9 passengers)
Up to 4 days | 0% cancellation fee. Full refund provided.
Last 3 days | 100% cancellation fee
Group Bookings (10+ passengers)
Up to 7 days | 0% cancellation fee. Full refund provided.
Last 6 days | 100% cancellation fee
Australia Day Cruises
Up to 04 January | 0% cancellation fee. Full refund provided.
04 January - 18 January | 50% cancellation fee
19 January onwards | 100% cancellation fee
Valentine's Day Cruises
Up to 23 January | 0% cancellation fee. Full refund provided.
24 January - 07 February | 50% cancellation fee
08 February onwards | 100% cancellation fee
VIVID Sydney Cruises
Individual Bookings (up to 9 passengers)
Up to 4 days | 0% cancellation fee. Full refund provided.
Last 3 days | 100% cancellation fee
Group Bookings (10+ passengers)
Up to 7 days | 0% cancellation fee. Full refund provided.
Last 6 days | 100% cancellation fee
Christmas Day Cruises
01 January - 30 November | 0% cancellation fee. Full refund provided.
01 December - 15 December | 50% cancellation fee
16 December onwards | 100% cancellation fee
Boxing Day Cruises
01 January - 30 November | 0% cancellation fee. Full refund provided.
01 December - 15 December | 50% cancellation fee
16 December onwards | 100% cancellation fee
New Year's Eve
01 January - 31 October | 0% cancellation fee. Full refund provided.
01 November - 30 November | 40% cancellation fee
01 December - 15 December | 60% cancellation fee
16 December onwards | 100% cancellation fee
All cancellation requests must be sent via email to help@australiancruisegroup.com.au. Please forward us the E-ticket for a faster refund process.
Once we have received your request, we will refund the ticket price paid in full to the exact credit card or payment method used for the booking.
No show passengers, a confirmed passenger who fails to board a vessel prior to departure, will receive no refund irrespective of reasoning, and a no-show fee of 100% will apply.
Guests who booked via online travel agents, or any other travel distribution partner, are advised to contact their booking provider for any cancellation or amendment request.
TRANSFER BOOKINGS
All requests for change of cruise date booking transfer are only accepted via email at help@australiancruisegroup.com.au.
Scheduled Lunch and Dinner Cruises
Individual Bookings (up to 9 passengers)
Up to 4 days | 0% transfer fee
3 days - 1 day | 10% of ticket value (minimum $10 fee per person)
Last 24 hours | 50% transfer fee of total ticket value
Group Bookings (10+ passengers)
Up to 7 days | 0% transfer fee
6 days - 4 days | 10% of ticket value (minimum $10 fee per person)
3 days - 1 day | 50% transfer fee of total ticket value
Last 24 hours | 100% transfer fee of total ticket value
Once booked and paid for, all cruise tickets may only be transferred at our discretion. If we agree to any transfers to a different class or promotional price, you must pay the difference between the original booked price and the price of any transferred booking. No agreement will arise between you and us until we have received payment at the time of booking in accordance with this clause.
Transfer fees must be paid by credit card when contacted by our staff to facilitate transfer.
Transfer fees will not be waived under any circumstances.
NEW YEAR'S EVE CRUISES
BOOKING POLICY
Please review all details on the website prior to making your booking, including terms of service for special event cruises.
All bookings require pre-payment.
All bookings from 02 September will require full payment at time of booking.
All single tickets could be on a collective table of 8 or more.
BOOK WITH A DEPOSIT
You have the option to make a NYE cruise booking on select cruises by paying 40% deposit on the total ticket value.
You must make the balance of the outstanding payment prior to 31 October.
If payment is not received by 31 October, the company reserves the right to cancel your booking and you will relinquish the deposit amount paid.
CHANGE OF DATE (CRUISE TRANSFERS)
Date changes are not permitted for all New Year's Eve cruises
CANCELLATION POLICY
Cancellation requests must be made via email to help@australiancruisegroup.com.au only and must be received prior to 31 October.
No cancellation requests are allowed over the phone.
Please forward your e-ticket, along with your cancellation request.
All refunds are only paid to the exact mode of original payment (credit card used for booking) as allowed by banks to auto-transfer refunds.
CANCELLATION FEES
Please see the below schedule for the applicable cancellation fees for our New Year's Eve cruises.
01 January - 31 October | 0% cancellation fee. Full refund provided.
01 November - 30 November | 40% cancellation fee
01 December - 15 December | 60% cancellation fee
16 December onwards | 100% cancellation fee
Based on the time of request and the cancellation table above, we will refund the balance owing to you.
NO SHOW PASSENGERS No show passengers - any confirmed passenger who fails to board the vessel prior to departure - WILL RECEIVE NO REFUND, irrespective of reasoning. A 100% no-show fee will apply (entire ticket value is relinquished).
AGENT BOOKINGS Guests booked via an online travel agent, or any other travel distribution partner, are advised to contact their booking provider for any cancellation or amendment requests. The above terms apply to all agent bookings.
FIREWORKS DISPLAY CONDITIONS
Since 1999, guests have always enjoyed prime views of the fireworks display from the exclusion zone assigned for cruise boats by NSW authorities. Your Captain will make every effort to position the vessel for optimum viewing of the fireworks display. The exact location of the vessel cannot be guaranteed due to the heavy traffic and congestion on the harbour on NYE and the prevailing weather conditions.
Since 1999, the annual Sydney fireworks display has been organized by the NSW government and local government with no disruption. By purchasing this ticket, you acknowledge that if the fireworks are cancelled for any unforeseen reason, there will be no partial or full refund offered by Australian Cruise Group.
SPECIAL EVENT CRUISES
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We operate the following special event cruises:
Australia Day cruises, Valentine's Day cruises, Vivid Sydney cruises, Christmas Day cruises, Boxing Day cruises, or any other cruises for special events
PAYMENT POLICY
INDIVIDUAL BOOKINGS
An individual booking is defined as all bookings having less than 10 passengers on a single E-ticket.
Individual bookings require full payment at time of booking.
GROUP BOOKINGS
Group bookings are defined as all bookings for 10 or more passengers on a single E-ticket.
Group bookings can be made with a 20% deposit up to 24 days prior to the cruise date. Final payment is required 21 days prior to cruise.
If your cruise date is less than 21 days ahead of the booking date, full payment is required to confirm your booking.
FIREWORKS AND OTHER DISPLAY
CONDITIONS
AUSTRALIA DAY
Australia Day fireworks and other displays are organised by the NSW government or its subsidiary. If for any reason the fireworks or other displays are cancelled, rescheduled or our ability to access any areas of the displays are not made available by any regulatory bodies, you are not entitled to any full or partial refund of the ticket.
VIVID SYDNEY
Vivid Sydney displays are organised by Destination NSW or other NSW government bodies. If for any reason the displays are cancelled, rescheduled or our ability to access any areas of the displays are not made available by any regulatory bodies, you are not entitled to any full or partial refund of the ticket.
OTHER EVENTS
Fireworks, displays, and other events events (such as the Sydney Hobart yacht race) are organised by bodies over which we have no control.. If for any reason which is beyond our control any relevant fireworks, displays or other events are cancelled, rescheduled or our ability to access any areas of the displays are not made available by any regulatory bodies, you are not entitled to any full or partial refund of the ticket.
KPMG AUSTRALIA SAIL GRAND PRIX | SYDNEY ON-WATER PREMIUM & VIEWING OFFICIAL SPECTATOR BOAT FAN EXPERIENCES
If SailGP cancels the event for any reason within 72 hours of the cruise departure time, Australian Cruise Group will operate the cruise as a leisure cruise with the same inclusions. No refunds will be offered.
Refund Terms applicable to all Special Event Cruises.
In all Special Event Cruises, where we operate a cruise, you are not entitled to a refund (even in the case where fireworks or another display is cancelled, rescheduled or our ability to access any areas of the displays are not made available by any regulatory body). If an event is rescheduled for not more than one hour after its scheduled time, where possible we will extend the cruise to provide access to the display of experience. However, such decision is within the absolute discretion of the cruise director and where cruise timetabling, safety or weather do not permit such extension, the cruise will not be extended, and you are not entitled to a refund.
PRIVATE CHARTER & FUNCTION CRUISES
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CHARTER PROPOSAL & QUOTATIONS
Charter proposals and quotations are presented to you based on your discussion with our Charter consultant or based on email, online or other enquiries. Charter proposals and quotes are only valid for 28 days from the date, or otherwise as advised on the proposal and are subject to availability of the Vessel at the time of confirmation.
The Charter is supplied subject to these Terms and Conditions provided to you with a Charter proposal and quotation.
Payment of the deposit in accordance with the Charter Proposal/cruise quotation/confirmed booking (invoice) constitutes your acceptance of the Terms and Conditions.
If there is any inconsistency between the Charter Proposal and these terms, the Charter Proposal will prevail to the extent of the inconsistency.
PRICING
The Charter price includes the cost of the Vessel, crew, and all other costs including food and beverage costs and related to operations of the Charter such as fuel, docking and navigation route charges. The pricing in this Charter Proposal is based on the minimum (guaranteed) guest number confirmed by you. The full Charter price based on the minimum guest number will apply, even if the actual number of guests is less.
The Charter price is based on the day and the season of the booking. If you request a change to the date, the duration of or inclusions in the Charter and the Operator in its absolute discretion agrees to such changes, we will notify you of any changes to pricing (including due to any change of the day or the season on which the Charter will operate). You must pay the amended price. Any change of date is subject to availability of the Vessel and at the absolute discretion of the Operator.
PAYMENT SCHEDULE & CANCELLATION TERMS
You will be required to pay a deposit to confirm a Charter for your desired date of cruise.
All requests for cancellation must be sent in writing to help@australiancruisegroup.com.au
If you cancel the Charter at any time, you must pay the cancellation fee specified below and we and the Operator are entitled to retain the Cancellation fee.
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Action Cancellation or reduction in passengers 60 days prior to the cruise date | $1,500 (Administration fee)
Between 60 - 31 days | 50% cancellation fee
30-0 days | 100% cancellation feeBooking/Payment Terms 60 days prior to the cruise date - 20% deposit
Between 60-31 days - 50% deposit
30-0 days - 100% deposit
Final Payment - 30 days prior
Special cancellation terms will apply if specifically indicated on your quote. This applies to charters on special event days and harbour events. In these instances, the cancellation fees specified on your quote are binding.
DAMAGE TO VESSELS
You are liable for any loss or damage to the Vessel, equipment or furnishings caused by you or any member of your Group, unless caused by the Operator’s negligence. If the Operator repairs any damage itself, you must pay the Operator the reasonable third-party costs of carrying out such repair.
We may charge any amount for the damages to any credit card provided by you or apply these charges against any bond provided by you.
MENU TASTING
Menu tasting is available for charters with a value greater than $30,000 for up to a maximum of 4 guests.
Menu tastings are held twice a month, please discuss with your charter consultant regarding the next available menu tasting schedule.
Our chef will present a choice of entrée and main course for the guests to understand the quality of catering. These dishes are subject to change and may not be identical to what is indicated in your proposal.
A charge of $100 per person applies for a menu tasting. This cost will be deducted from the final payment in relation to the charter, effectively making this a free service.
BOND
For a private Charter of the Vessel, you may be required to pay a refundable security bond at the time of booking for any damage cost to the Vessel by your guests.
Our Charter consultant will advise you whether you may be required to pay a security bond for your desired Vessel(s) if it is specified by the boat owner. This will be indicated on your invoice. The boat owner will advise you of any damage cost to the Vessel prior to your group disembarking the Vessel. The boat owner’s decision in regard to the cost of the rectification is final.
The Operator can deduct the cost of repairs from the bond paid toward the Charter. If there is no damage to the Vessel, your bond will be refunded within 7 working days after the Charter cruise date.
CONFIRMATION OF CHARTER BOOKINGS
A Charter will be confirmed on receipt of the deposit specified in the quotation, which acknowledges your acceptance of these Terms and Conditions.
All bookings made within 30 days of booking date require 100% full payment at the time of booking.
FINAL CONFIRMATION OF CHARTER DETAILS
Final guest numbers and final payment is required 30 days prior to the Charter unless otherwise agreed. Catering charges are based on the minimum guest number.
The guest numbers may be increased if agreed by you and the Operator, however all charges are based on the higher of the minimum guaranteed guest number and the actual number of guests.
METHOD & TIMING OF PAYMENTS
You must pay the Charter price in full - with funds cleared in our account - at least 30 business days prior to the date of Charter, otherwise the Operator will not operate the Charter.
Credit will not be offered for any Charter cruises under any circumstances.
Payment must be made by credit card (surcharge applies), electronic funds transfer or (subject to prior written agreement) company cheque.
No refund will be given if the actual number of guests who board the Charter is less than the minimum guest number, irrespective of the reason.
INCLEMENT WEATHER
If the Charter is postponed by the Operator due to unsafe conditions (including due to a weather warning issued by the Bureau of Meteorology for the area of operation of the Charter, or other conditions considered unsafe by the Captain of the Vessel) then it will be rescheduled for the next available date suitable to both you and the Operator.
The decision to postpone a Charter is at the sole discretion of us and the Operator, and we and the Operator have no liability to you for such cancellation.
OPERATOR'S RESPONSIBILITY
The Operator will nominate appropriately qualified person(s) to be in charge of the Charter and the Vessel for the duration of the Charter, referred to in Terms and Conditions as the Captain and the Cruise Director.
DURATION OF CHARTER
The duration of the Charter includes the time taken to embark and disembark members of your Group. This is limited to one point of embarkation and one point of disembarkation unless otherwise agreed in writing.
The Operator is not responsible for any delays caused by the late arrival of members of your Group or delays at the wharf caused by crowds, the arrival of other Vessels, ferries, or any other item beyond the Operator’s control. The Operator is not responsible for delays at the point of disembarkation for reasons outside its control.
The Operator reserves the right to berth 10 minutes prior to the scheduled time for disembarkation. If necessary, any music or other entertainment will cease at such time.
All guests have 15 minutes to board and 15 minutes to disembark from the times stated in the booking confirmation, unless otherwise indicated on the cruise proposal for large Vessel Charters.
If the time taken for disembarking passengers takes longer than 20 minutes beyond the scheduled end of the Charter, you will be charged for this time pro rata to the Vessel charge as set out above in respect to Cruise Extensions. If the Captain is required to vacate the disembarkation point to let other Vessels berth, this time will also be charged at the same rate.
SUITABILITY OF THE VESSEL
It is your responsibility as the Charterer to inspect the nominated Vessel prior to the Charter to determine the Vessel's suitability.
You represent and warrant to us and the Operator that you are satisfied with the Vessel and the standard of services offered by the Operator to be provided in respect of the Charter.
DECORATION & SIGNAGE
If the Operator agrees that you may decorate the Vessel, this must be done without the use of pins, adhesive tape, tacks, or anything which will leave a mark on the Vessel. In such case, decorations will take place at a mutually agreed time.
If the Vessel is damaged due to decorations, signage or anything else done by you to the Vessel, we may charge any amount for the damages to any credit card provided by you, or apply these charges against any bond provided by you.
CHARTER COURSE/ROUTE
The course to be undertaken during the Charter may be agreed in advance with the Operator or with the Captain. The Operator reserves the right, at its sole discretion or that of the Captain, to vary the agreed course because of weather, wave height, traffic, Vessel survey restrictions, or any other cause which the Operator or the Captain believes is justified in the interests of the comfort or safety of passengers, crew, the Vessel and other Vessels.
You acknowledge that the Captain has the sole discretion at all times to take whatever action is necessary to protect and maintain the safety, welfare and good order of the Vessel, its passengers and crew with regard to the weather conditions and other activity on the waterways in which the Vessel operates.
SUBSTITUTION OF VESSEL
The Operator may substitute another Vessel for the specified Vessel in the case of any unforeseen circumstances (including mechanical breakdown). In such cases, the Operator has no liability to you for such substitution provided that the substituted Vessel satisfactorily meets the Charter particulars and provides the level of services as originally agreed.
CHARTER EXTENSION & ADDITIONAL CHARGES
Any additional charges on the day of service are to be immediately charged to the credit card provided by you. This includes but is not limited to extensions of Charter, additional guests, additional services, pay-on-consumption beverages, waiting time for embarking and disembarking at wharves, water taxis and any other additional charges notified by the Operator.
If requested by you and then if agreed by the Cruise Director and the Captain in their absolute discretion, a Charter may be extended on the day of the Charter with Management consent.
We will advise you the additional cost of extension for you to decide whether to proceed with the extension.
Extension must be discussed and arranged a minimum 2 hours prior to the conclusion of the cruise.
Prior to extension you are required to pay for the additional cost of extension by credit card on board. The person providing credit card details must be on board the Charter to arrange payment for any additional charges.
The person providing credit card details is responsible for all payments on-consumption of any service including beverages, water taxi etc. The Cruise Director will present the final invoice and this account must be settled prior to disembarkation.
No post-payment is available for Charter extensions or other amounts due.
LIABILITY AND INDEMNITY
You agree to indemnify and hold harmless us, the Operator, their agents and employees, from and against any and all losses, claims, actions, costs, expenses, fees, damages, fines and liabilities (including reasonable legal fees) caused by any negligent act or omission by you or members of your Group including:
- Failure to follow any reasonable direction given by the Captain or crew
- Failure to comply with any of these Terms and Conditions
- Failure to comply with any warning sign
- Unreasonable or unsafe behaviour
- Wilful misuse of the equipment or facilities of the Vessel
- Intoxication or the use of prohibited drugs
- Bringing any weapons including firearms onto the Vessel
SWIMMING
Please note swimming is not recommended on Sydney Harbour and all Vessels are not ideally suited for swimming. Guests undertake any swimming activity at their own risk. We will not be liable for death or any other injuries.
Swimming is only permitted in certain parts of the harbour or the Charter area with prior arrangement with explicit permission of the Captain, under his/her direction and supervision, whilst the Vessel is stationary. You must comply with all requests of the crew at all times.
All requests for swimming during the course of a Charter must be in received by us in writing, 7 days prior to the Charter.
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GIFT CERTIFICATES
- Gift certificates cannot be redeemed within 7 days of date of purchase.
- Gift Certificates are valid for 3 years from the date of purchase (ACCC Compliance), effective since 1 November 2019.
- The entire value of the gift certificate (by product) must be used towards one booking or forfeited (we do not offer part credit).
- Gift Vouchers are only valid for the cruise specified and are not valid on special event cruises or public holidays
- If you have purchased a gift certificate by dollar value, the entire value of the gift certificate must be used towards one booking or forfeited (we do not offer part credit).
- Payment in full is required for the purchase of gift certificates.
- Gift certificates are non-refundable.
- Gift certificates cannot be combined with any other offer.
RESPONSIBLE SERVICE OF ALCOHOL (RSA)
- We are bound by the NSW Liquor Act and must abide by the guidelines for the responsible service of alcohol during all cruise operations.
- We strictly do not permit any alcohol to be brought on board for consumption. Any discussions with our representatives should not be construed as an acceptance to bring alcohol of any nature on board for any event or function. In line with our Responsible Service of Alcohol policy, such requests will be refused politely.
- We have the absolute discretion to refuse entry to any intoxicated passenger at boarding.
- We also have the right to request disembarkation from the Vessel due to intoxication or for the safety of other passengers.
- We will refuse service of alcohol to intoxicated patrons.
- We will refuse service of alcohol to all guests below 18 years of age. You may be required to provide proof of age either at boarding or at any time during the cruise if requested by crew.
- We may refuse service of alcohol to any individual in our absolute discretion at any time.
- We do not serve shots or doubles under any circumstances.
- You must not bring any illegal substance onto the Vessel.
- Rowdy or unruly behaviour of any patrons will not be tolerated. If the behaviour falls outside socially accepted standards, then we and our representatives (Captain or Cruise Director) may do any of the following: (under such circumstance refunds will not apply)
- Request you to disembark the Vessel at the nearest safe wharf
- Terminate the Charter by birthing the Vessel at the nearest safe location and disembark either you, a group, or all passengers
- Summons the police to remove any offending passengers
- RESPONSIBLE SERVICE OF ALCOHOL POLICY.
(The captain has complete discretion to refuse boarding if you are deemed to be intoxicated).
The purpose of the beverage package is for you and your guests to enjoy beverages at your convenience. These packages are not designed to promote excessive consumption resulting in intoxication. All guests must use personal discretion not to become intoxicated. If a guest is deemed intoxicated by our crew they will be removed from the vessel and dropped off at the nearest wharf (at Captain's discretion). If it is a group booking, and the group does not comply with the direction of the Cruise Director, the entire group will be required to leave the vessel. You will not receive any part payment, either for the cruise or the beverage package if you or the group are removed from the vessel due to intoxication. If you fail to comply with our directive, the Captain or Cruise Director will report the matter to the NSW Water Police. We would like to advise you that the NSW Water Police can access our vessels whilst they are underway, or at the nearest wharf, at their discretion.
GENERAL LIABILITY PROVISIONS
- The Charters and cruises operate on busy waterways and are subject to the risks and perils of cruising on such waterways including loss, damage and injury arising out of or in connection with changing tidal and weather conditions and the navigation of other craft.
- To the extent permissible by law, we will not be responsible in tort, contract or otherwise for any loss or damage arising out of injury or death sustained by you or any other passenger, howsoever arising and whether or not arising as a result of our negligence or failure to render due care and skill. You enter into this agreement and book and travel on Charters or cruises at your own risk. If however any guarantees, terms, conditions or warranties are implied into this agreement by any law of the Commonwealth or New South Wales, the exclusion of which would contravene that law or cause part or all of this clause to be void, then to the extent permissible by law:
- We exclude all other guarantees, terms, conditions, and warranties; and
- Our liability for breach of such guarantee, term, condition, or warranty is limited to the supply of the relevant cruise again or the cost of re-supplying the cruise.
- It is a condition of these Terms and Conditions that any claim for loss or damage must be notified to us in writing within 7 days from the day the cruise, Charter or other relevant service finishes, and any court action, suit or proceeding must be brought no later than 1 year from the same day. If you fail to comply with either of these conditions, we will be forever discharged from all claims, suits, actions and/or proceedings relating to or arising out of or in any way connected with the cruise and we will be discharged from all liability whatsoever, including any liability for negligence.
- It is a condition of the Charter that the liability of us, the Operator, its servants, agents, employees and subcontractors is agreed to be limited in accordance with the Limitation of Liabilities and Maritime Claims Act 1989 (Cth) and that any claim for loss or damage must be notified in writing within 7 days from the day of the Charter and any court action, suit or proceeding must be brought within 1 year of that date.
- We and the Operator accept no responsibility for loss or damage to goods brought on board and or left on the Vessel or the Operator's premises prior to, during or after the Charter including clothing or personal items/belongings.
- Neither party is liable to the other party for consequential loss or damage.
- The Operator's liability for breach of such guarantee, term, condition or warranty is limited to the supply of the relevant Charter again or the cost of re-supplying the Charter.
- You are at all times responsible for the conduct of your Group
- There are inherent risks and dangers on board any Vessel. All passengers participate in the Charter entirely at their own risk.
SPECIFIC RISKS AND LIABILITY
- We contract and arrange for a third-party Operator to provide the whole of the Charter and any other cruise and any related services to you. You must not bring any claims or actions against such third parties. If you bring such a claim or action in breach of this agreement, you agree to indemnify us and the person against whom the claim or action is made against the consequences of that claim or action. You agree that in entering into this agreement, we are acting as the agent of and trustee for each of our employees, officers, agents, Operator and subcontractors, and each of these persons is deemed to be a party to the contract for the purpose of entitling each of them to enforce, have the benefit of and rely upon these Terms and Conditions.
- Some of the tours, products, and cruises we operate may be considered dangerous and you should be aware of the risks involved before participating, which may include injury or death. Where the tours, products and cruises include activities that could be considered dangerous, you assume all of the inherent risks which are applicable to those activities. Certain medical conditions and medications may preclude you from participating in activities and you are responsible for confirming your ability to participate. You must use caution when participating in activities and inform us of any medical or other conditions.
MISCELLANEOUS TERMS
- This agreement is to be governed by and is to be construed in accordance with the laws in force in New South Wales. Any action, claim, suit or proceeding arising out of or connected in any way with this agreement or the cruise will only be brought in the Courts of New South Wales.
- If any of these provisions are unenforceable, this shall not affect the enforceability of any other part of the provision or any other provision. In the event of inconsistency between these Terms and Conditions and any other terms, these Terms and Conditions will prevail to the extent of the inconsistency. No waiver or variation of this agreement will have binding effect unless such waiver or agreement is in writing and signed by us.