TERMS AND CONDITIONS
1. DEFINITIONS & INTERPRETATION
(a) In these terms and conditions the following words and phrases shall have the following meanings:
“Agreement” shall mean the agreement comprised in the Ticket and these terms and conditions.
“the Booking Company” shall mean GEOGRAPHE MARITIME Pty Ltd (ACN 106 185 933)
“the Tour company shall mean the tour company that owns the vessel that the tour will be conducted on”
“Party or Parties” shall mean the Parties to this Agreement and may be used interchangeably;
“the Passenger” shall mean the person named as Passenger on the ticket which is on the reverse or attached to these terms and conditions;
“Services” shall mean all services provided by the Tour Company to the Passenger including the carriage of the Passenger and the Goods;
“Ticket” shall mean the Passenger Ticket or the reverse hereof or attached hereto;
“Vessel” shall mean the Vessel which the passenger has booked their trip on.
(b) Words importing the singular include the plural and vice versa.
(c) Words importing a gender include any gender.
(d) An expression importing a natural person includes any company, partnership, joint venture, association, corporation or other body corporate and any Governmental authority or agency.
(e) A reference to a statute, regulation, proclamation, ordinance or by-law includes all statutes, regulations, proclamations, ordinances or by-laws amending, consolidating or replacing it, and a reference to a statute includes all regulations, proclamations, ordinances and by-laws issued pursuant to that statute.
(f) A reference to a Party includes that Party’s executors, administrators, substitutes, successors and permitted assigns.
(g) A covenant or agreement on the part of two or more persons binds them jointly and severally.
(a) A child is considered to be between 4 to 16 years of age inclusive.
A full refund will be offered if the Tour Company cancels a tour or a next available tour will be offered to the passenger. A return ticket will be offered if your whale watch tour fails to sight a whale from JUNE to NOVEMBER only. Refunds provided by Geographe Maritime are for tickets purchased through Geographe Maritime only. All other refunds must be provided by the original seller of the ticket.
Seniors and pensioners must present an Australian or New Zealand Government issued Seniors Card at check in to receive the Pensioner/Senior ticket rate, otherwise full payment balance must be made before departure of tour.
4. TICKET COST & SERVICES
(a) The cost of the Ticket payable by the Passenger to the Company shall be the current amount published by the Booking Company for the nominated voyage (“the Ticket cost”).
(b) Full payment with purchase of each ticket shall accompany each application for a Ticket.
(c) A ticket will be issued immediately on receipt of full payment.
(d) GROUP BOOKINGS for PRIVATE TOUR BOOKINGS 50% deposit will be taken please phone on 0439 626383 for assistance. Balance of payment to be made 21 days prior to the tour, if this payment is not received by the due date, the tour will be cancelled and there will be no refund. If the tour is cancelled by the passengers within the 21 days prior to the tour there will be no refund. See clause 5. (iii)
(a) The Passenger may at any time prior to commencement of the voyage cancel the Passenger’s booking in which case:
(i) For general bookings (not Private Charter) Cancellations by guests will incur a minimum fee of 20%. Cancellations 14 days or less prior to departure incur a fee of 20%. Cancellations 7 days or less of departure, no refund applies. If you need to change your booking please contact the office directly on 0439626383. All booking changes incur a 20% rebooking fee. The refund will be in the same manner in which the booking was made;
(ii) if the Tour Company cancels the tour/voyage due to inclement weather or insufficient numbers a full refund will be provided in the same manner in which the booking was paid for.
(iii) Private Charter booking cancellation – if the booking is cancelled prior to one month of Charter the 50% deposit will be refunded, less 20% administration fee, if the charter is cancelled prior to 21 days of tour departure date, 50% deposit of tour shall not be refunded. Balance of payment to be made 21 days prior to the departure date of tour, if this payment is not received on the due date the tour will be cancelled and there will be no refund. If the tour is cancelled within the 21 days prior to the tour departure date there will be no refund.
6. CHECK IN TIME
The Passenger is required to check in at the Place of Boarding referred to in the Ticket at least 15 minutes before the Time of Boarding referred to in the Ticket and in the event that the Passenger does not check in as required by this Clause then the Company shall have the right to refuse embarkation of the Passenger and no refund will be given if you miss tour/voyage departure.
7. EXTENSION OF EXEMPTIONS TO SUB-CONTRACTORS
Every exemption, limitation, condition and liberty herein contained and every right, exemption from liability, defense and immunity of whatsoever nature applicable to the Company or to which the Company is entitled hereunder shall also be available and shall extend to protect:
(a) all Sub-contractors;
(b) every servant or agent of the Company or of a Sub-contractor;
(c) every other person (other than the Company) by whom the Services or any part thereof is performed or undertaken; and
(d) all persons who are or might be vicariously liable for the acts or omissions of any person falling
within Sub-clause (a), (b) or (c) hereof and for the purposes of this Clause the Company is or shall be deemed to be acting as agent and trustee for and on behalf of and for the benefit of all such persons and each of them and all such persons and each of them shall to this extent be or be deemed to be Parties to this Agreement.
8. RISK WARNING
The Booking Company hereby gives to the Passenger a risk warning concerning activities on or associated with the Vessel as follows:
Whale Watching in open waters
Risk of falling overboard
Risk of drowning while swimming
Slipping or tripping while on vessel
Risk of being hurt while embarking/disembarking from tender and vessel
9. VOLUNTARY ASSUMPTION OF RISK
The Passenger acknowledges that all activities undertaken by the Passenger in connection with the Services or while the Passenger is on or involved in activities in connection with the Vessel or in recreational or other activities in relation thereto are undertaken of the Passenger’s own free will and at the Passenger’s own risk.
10. LIABILITY OF COMPANY
The Services and any activities undertaken by the Passenger in relation to the Services or whilst on or involved in activities in connection with the Vessel or any recreational or other activities in relation thereto shall in all respects be at the risk of the Passenger and not the Booking Company and the Booking Company shall not be liable in tort or contract or bailment or otherwise howsoever for any loss or damage of any nature or kind whatsoever including loss of or damage to any property whatsoever including the Goods and including personal injury to or the death of any person whomsoever including the Passenger caused by contributed to or arising out of or in the course of or in connection with the provision of the Services or whilst the Passenger is on or involved in activities in connection with the Vessel or any recreational or other activity in relation thereto and whether or not such loss damage injury or death is due to the negligence or breach of contract or breach of duty as bailee on the part of the Booking Company or its servants agents or Sub-contractors and this Clause shall apply to all such loss or damage or injury or death whether or not the same occurs in the course of performance by or on behalf of the Booking Company of the Agreement or from events which are in the contemplation of the Booking Company and/or the Passenger or from events which are foreseeable by them or either of them or from events which could or do constitute a breach of the Agreement or a breach of a fundamental term thereof.
The Passenger shall indemnify, keep indemnified and hold harmless the Booking Company in respect of any suits claims demands damages losses costs expenses liabilities and causes of action brought or made by any person whomsoever in respect of any personal injury to or the death of any person whomsoever or loss of and/or damage to any property whatsoever (including the Goods) arising out of or as a consequence of any accident or circumstance involving the Services and/or the Vessel including loss or damage or injury or death caused by contributed to or arising out of the provision of the Services or the use or operation of the Vessel or while the Passenger is on or involved in activities in connection with the Vessel or in recreational or other activities in relation thereto and whether or not such loss or damage or injury or death arises out of breach of contract or negligence whether alleged or proven against the Booking Company or its servants agents or Sub-contractors.
12. TERMS & CONDITIONS TO HAVE FULL FORCE IN ALL CIRCUMSTANCES
All the rights, immunities and limitations of liability in these terms and conditions shall continue to have full force and effect in all circumstances and notwithstanding any breach of the Agreement or any of the terms or conditions thereof by the Booking Company or any other person entitled to the benefit of such provisions.
13. VARIATION OF TERMS
No servant or agent of the Booking Company nor any other person has any power to waive or vary any of the terms hereof unless such waiver or variation is in writing and signed by the Booking Company.
14. VALIDITY OF TERMS & SEVERABILITY
In the event that any of the terms, conditions or provisions contained in this Agreement shall be determined invalid, unlawful or unenforceable to any extent, such term, condition or provision shall be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
15. COMPETITION & CONSUMER ACT AND FAIR TRADING ACT
(a) Notwithstanding anything herein contained the Booking Company shall continue to be subject to any consumer guarantees provided by the Competition & Consumer Act, 2010 (Cth) (as amended) (“the CCA”) and the Fair Trading Act, 2010 (WA) (“the FTA”) (as amended) if and to the extent that 7
those Acts or either of them is or are applicable to this Agreement and prevents the exclusion, restriction or modification of any such consumer guarantee.
(b) Save for other conditions and warranties or consumer guarantees (if any) set out in these terms and conditions the only conditions and warranties or consumer guarantees which are binding on the Booking Company in relation to its supply of the Services are those required by the CCA (if applicable) and the FTA (if applicable) and in the event that the Booking Company is liable for breach of a consumer guarantee imposed by the CCA or the FTA the liability of the Booking Company for a breach of such consumer guarantee shall be limited to supplying the Services again or the payment of the cost of having the Services supplied again and otherwise all conditions and warranties and all consumer guarantees whether express or implied by law and all representations, statements and obligations which would otherwise be binding upon the Booking Company are hereby expressly excluded and negatived.
16. GOVERNING LAW & JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws for the time being of the State of Western Australia and the Parties hereby submit to the jurisdiction of the Courts of that State and all Courts which are competent to hear appeals therefrom.
No waiver of any provision of this Agreement nor consent to any departure therefrom by any of the Parties shall be effective unless the same shall be in writing and then such waiver or consent shall be effective only in the specific instance and for the purpose for which it is given. No default or delay on the part of any of the Parties in exercising any rights powers or privileges hereunder shall operate as a waiver thereof or of any other right hereunder; nor shall a single or partial exercise thereof preclude any other or further exercise of any other right, power or privilege.
Geographe Maritime is a Tour Booking agency for Whale Watching Tours, Marine Eco Tours, Private Vessel Charters and Deep Sea Fishing Tours, Diving, Snorkelling but not limited to these tours.
Geographe Maritime Tour Agency, makes no warranty or representation about their business or services whatsoever. The responsibility rests with you to make independent inquiries with the vessel / tour / charter / service provider or other third parties as to the need to acquire your own insurance cover. Prior to booking or participating in any Tour or Charter you should be aware of the risks involved. Geographe Maritime Tour Agency can provide further information if you are in any doubt about any Tour or Charter.