Standard Fare and Travel Terms & Conditions

Standard Fare and Travel Terms and Conditions

1. Definitions

In these Terms:

“Company” means SeaLink SA Ferry Services Pty Ltd (ACN 655 787 116) Captain Cook Cruises Pty Ltd (ACN 008 272 302), Kangaroo Island Sealink Pty Ltd (ACN 007 122 367), and The South Australian Travel Company Pty Ltd (ABN 003 651 170) and their employees and agents.

“Consequential Loss” means loss of revenue, loss of reputation, loss of profits, consequential loss, loss of actual or anticipated savings, loss of bargain, indirect loss, lost opportunities, and loss or damage in connection with claims against a party by third parties.

“Group” means 15 or more people.

“Master” means the person who has command or charge of the Vessel, but does not include a pilot of a maritime vessel.

“Passenger” means the passenger(s) booked to Travel.

“Services” means the Murray Princess, Kangaroo Island Ferry and Tours, and Adelaide Sightseeing services provided by the Company to Passengers.

“Travel” means and includes the time the Passenger embarks on their travel via our Services until the Passenger has disembarked.

“Vessel” means a vessel or vehicle operated by the Company.

2. Acceptance

(a) These terms and conditions (Terms) apply to all aspects of the relationship and the contract between you and the Company, unless the Company agrees otherwise in writing.

(b) By purchasing a ticket or using our Services, you agree to these Terms, and warrant that you are authorised to agree to these Terms on behalf of all other Passengers you have purchased a ticket for.

3. Acknowledgements

You acknowledge that:

(a) Ferry, Coach, Touring and Activity options may not operate on Christmas Day. Tours will be affected when part of the itinerary includes Christmas Day (25th December);

(b) Published departure and arrival times, schedules, itineraries, and routes are subject to alteration without prior notice at the discretion of the Company, including in circumstances:

1. which are outside the Company’s control;
2. where the Vessel is required to or elects to provide assistance to another vessel, or to any person or government; and
3. to comply with directions from government or underwriters, or with laws or regulations;

(c) The Company reserves the right to cancel its Services, vary its Services in any way, and to substitute its Vessels with any other vessels or means of transport. You may be entitled to a full or partial refund of any fares paid in accordance with Australian Consumer Law. In all other circumstances, any refund is at the Company’s discretion;

(d) Whilst all care is taken, the Company is not responsible or liable for the acts or omissions of any third party, including any other operator that is included, for any reason, as part of a package holiday, or conference within the Vessel; and

(e) Any independent contractors with whom the Company engages to provide or make available their goods and services to the Passenger do so subject to their own usual terms and conditions, and the Company is not responsible or liable for the acts or omissions of independent contractors.

4. Conditions of Travelling

(a) You must check-in for departure a minimum of 30 minutes prior to the notified departure time. The Company reserves the right to refuse boarding for Passengers who check-in after this time.

(b) Only the Passengers named at the time of booking are permitted to Travel. You must not transfer a ticket or booking to another person(s) without the Company’s knowledge and authority. If the Company agrees to transfer a booking, additional fees may apply.

(c) The Company has zero tolerance for abusive and threatening behaviour towards staff and other Passengers and reserves the right to refuse carriage and deny boarding to any person(s) exhibiting abusive or threatening behaviour.

(d) Passengers must comply with any reasonable and lawful direction of the Master or a crew member. Failure to do so may constitute an offence under section 21 of the Marine Safety (Domestic Commercial Vessel) National Law (Application) Act 2013 (SA), and be subject to penalties of up to 12 months imprisonment and a $62,600 fine. Repeated failure to follow direction of the Master or a crew member may result in the Company refusing to allow you to Travel on the Services.

(e) The Master of the Vessel reserves the right to refuse boarding of a Passenger onto the Vessel for any reason and to require a Passenger to disembark the Vessel at the Master’s sole discretion, including for illness, injury, vulgar or improper conduct, abuse of alcohol or drugs, refusal to obey regulations and directions, or where the presence of the Passenger, in the opinion of the Master, may be detrimental to the comfort or safety of other passengers or the crew, or the safety of the Vessel.

(f) Smoking, including the use of e-cigarettes, is prohibited inside the terminals and on board all areas of the Vessel at all times.

(g) The Company reserves the right to conduct a search of any luggage or cargo and refuse to carry any luggage or cargo onboard any Vessel where the Company deems the luggage or cargo to be undesirable, unsuitable, or dangerous. This may result in the Passenger whose luggage or cargo has been refused passage also being refused passage.

(h) Assistance animals that fall within the definition of the Disability Discrimination Act 1992 (Cth) and assistance animals in training are permitted on the Vessel.

(i) If a Passenger disembarks the Vessel prior to the final destination without the Company’s prior agreement, the Passenger does so at their own risk and expense. The Passenger will not be entitled to any refunds, including on a pro-rata basis, for failing to complete the full trip.

(j) Passengers are responsible for ensuring they board the Vessel at each allocated time and date. If a Passenger does not board the Vessel at an allocated time and date, the Company is not liable to any person for any loss or damages incurred by the person as a result.

5. Luggage and Cargo

(a) Subject to clause 5(c), each Passenger may bring onto the Vessel one piece of hand luggage. Fees may apply for additional luggage brought onto the Vessel by the Passenger.

(b) Passengers must mark their luggage with their full name and address.

(c) Passengers must not bring onto the Vessel:

1. firearms, inflammable matter, or weapons;
2. alcohol; or
3. items which are unlawful or illegal to possess, import, or export under the laws of Australia.

(d) The Passenger is liable to the Company and its related entities for any loss, damage, or penalty incurred in connection with a breach of clause 5(c).

(e) Passengers must remove all luggage belonging to the Passenger on final disembarkation. Any luggage or items left on the Vessel will be handled in accordance with the Unclaimed Goods Act 1987 (SA).

(f) Risk in each Passenger’s luggage remains with the Passenger at all times. The Passenger is responsible for ensuring its luggage is appropriately insured.

6. Fees and Pricing

6.1 Fees

(a) All fares and prices are in Australian Dollars.

(b) All fares, costs, and package inclusions provided by the Company are correct at the time of publishing; however these can be subject to alteration, sometimes without notice. Once you have booked a ticket the fare will not change unless you choose to alter the booking, in accordance with clauses 6.4.

(c) All published fares and packages are subject to availability, surcharges, blackout periods, minimum night stays and seasonal variations.

(d) Payment for all additional goods and services purchased on board the Vessel must be paid in full prior to the Passenger’s disembarkation.

(e) Tickets purchased without travel dates must be used within 12 months of payment.

6.2 Payment Surcharges

(a) Surcharges apply to the following payment types:

1. Visa - 1% surcharge
2. Mastercard - 1% surcharge
3. American Express - 1% surcharge
4. UnionPay (Card Present Transactions only) - 1.5% surcharge
5. PayPal (Online payments only) - 1%.

(b) The Company may vary the surcharges set out above at any time. You will be notified at the time of purchase of any changes to the surcharges.

(c) Surcharges do not apply to the following payment types:

1. Direct Deposit (unavailable if booking within 7-days of Travelling date);
   
2. EFTPOS (Savings or Cheque); and
3. Cash.

6.3 Refunds

(a) No refunds will be made for Services booked but not used once Travelling has commenced, or on any third-party financial transaction fees including surcharges.

(b) All claims for refunds must be made in writing in accordance with the Company’s refunds and exchanges policy.

(c) Where the Company provides a credit for future travel, the credit must be used within 12 months of the date it is granted by the Company.

6.4 Amendment Fees

(a) The Company reserves the right to charge an administration fee of $22 to $45 (incl GST) for each modification to a booking requested by you.

(b) Modifications to a booking may result in additional fees being payable, including fare differentials. You will be notified prior to finalising the modification of any additional fees payable.

7. Passenger Health

(a) The Passenger warrants they are physically fit and capable of Sailing.

(b) If, in the opinion of the Company, a Passenger is in need of medicine, surgical attendance, medical assistance or treatment (Treatment) during Sailing and is unable to request it, the Passenger hereby consents to the Company making such medical arrangements as it deems necessary, at the cost of the Passenger.

(c) Except where Treatment is provided under clause 7(b), the Passenger accepts any Treatment provided by a medical service provider during Travelling at the Passenger’s sole risk.

(d) To the greatest extent allowable at law, the Company is not responsible for the acts or omissions of any medical services providers engaged by the Company as independent contractors. The Company is not responsible for the quality or nature of any Treatment, or for any consequence arising in relation to Treatment, received during Travelling.

(e) In the event of an epidemic, pandemic, or other health emergency, Passengers must comply with:

1. directions issued by the South Australian and Commonwealth governments (as applicable); and
2. directions issued by the Company (including the Master and crew while Travelling).

8. Gift Cards

Brilliant Travel Gift Cards are valid for SeaLink Kangaroo Island Ferry, Murray Princess and Adelaide Sightseeing tickets, subject to the Brilliant Travel Gift Cards terms and conditions.

9. Privacy Statement

Your privacy as important. For information on how we collect, use, disclose, and process your personal information, please refer to our Privacy Policy.

10. Terms applying to Adelaide Sightseeing

(a) Child prices apply to children aged 3 to 14 years, inclusive. Children under 3 years of age travel free of charge on our Services if they do not occupy a seat.

(b) Payment in full is required at the time of booking.

(c) To amend your booking please contact our Sales Centre by calling 1300 769 762 (within Australia) or +61 8 8413 6199 (from outside Australia) or by emailing [email protected].

(d) Subject to any entitlement you may have to an full or partial refund paid in accordance with Australian Consumer Law, if you choose to cancel your booking, the cancellation fees set out in clause 10(e) will apply.

(e) Cancellation of a booking or part thereof by a Passenger will incur the following fees:

1. More than 3 days before departure – no cancellation fees will apply, and any paid fares will be refunded;
2. Between 24 hours and 3 days before departure – cancellation fees equal to $50 per person, with any remainder of paid fares refunded;
   
3. Less than 24 hours before departure – cancellation fees equal to 100% of total fare per person.

11. Liability and Indemnities

(a) Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Service, you are entitled:

1. to cancel your service contract with us; and
2. to a refund for the unused portion, or to compensation for its reduced value.

(b) You are also entitled to be compensated for any other reasonably foreseeable loss or damage.

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

(d) In circumstances where the Australian Consumer Law does not apply to the provision of Services to you, then to the greatest extent possible, any liability of ours for any loss or damage, however caused (including by our negligence), suffered or incurred by you:

1. in connection with a Service is limited to, at our election: the fare paid by you for that Service; or resupply of that Service (subject to clause 11(e)); and
2. in connection with loss or damage to Passenger luggage, cargo, or vehicles is limited to $100.

(e) The limitation set out in clause 11(d) is an aggregate limit for all claims, whenever made.

(f) The Company and its related entities are not liable for any Consequential Loss however caused (including by negligence), suffered or incurred by you in connection with the Services, except where such liability cannot be excluded by law.

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

1. your failure to comply with these Terms;
2. events that are outside of the Company’s reasonable control, including where such events lead to cancellation of Services or deviations or delays in the Services;
3. loss or damage to Passenger luggage, cargo, or vehicles; or
4. the acts or omissions of any third party or independent contractor.

(h) Nothing in these Terms excludes or limits the Company’s liability in respect of:

1. death or personal injury caused by the Company’s negligence or wrongful act; and
2. fraud or fraudulent misrepresentation.

(i) You indemnify the Company and its related entities against all penalties, fines, charges, losses and expenses imposed upon or incurred by the Company, its related entities, the personnel of the Company or its related entities, or the Vessel because of your acts or omissions or the acts or omissions of a minor or any other person in your care or control.

12. General

12.1 General

(a) These Terms are governed by and construed in accordance with the laws of the Commonwealth of Australia and the state of South Australia.

(b) Each party irrevocably submits to the non-exclusive jurisdiction of the courts of South Australia, Australia and courts competent to hear appeals from those courts.

(c) Expiry or termination of these Terms will not affect clauses 3, 4(i), 4(j), 5(d), 5(e), 6.3(a), 7(c), 7(d), 11, 12 and any other clause of these Terms which is expressly or by implication intended to come into force or continue after expiry or termination.

(d) The Company may subcontract its obligations under these Terms.

(e) A clause or part of a clause of these Terms that is illegal or unenforceable may be severed from these Terms and the remaining clauses or parts of the clause of these Terms continue in force.

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

(g) These Terms supersede all previous agreements about their subject matter. These Terms embodies the entire agreement between the parties.

(h) A failure to exercise or a delay in exercising any right, power or remedy under the Terms does not operate as a waiver. A single or partial exercise or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.

12.2 Interpretation

(a) Other parts of speech and grammatical forms of a word or phrase defined in this agreement have a corresponding meaning.

(b) A reference to ‘$’, ‘AUD’ or dollars is to Australian dollars, unless stated otherwise.

(c) A reference to a ‘day’, ‘month’ and ‘year’ is a reference to a calendar day, month and year (respectively) and a reference to time is to local time where the Services are performed.

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

(e) No provision of these Terms will be construed adversely to a party solely on the ground that the party was responsible for the preparation of