Mandurah Cruises

For the purpose of this agreement and unless stated otherwise

The Company shall mean Sea West WA Pty Ltd or Quay Ventures Pty Ltd t/a Mandurah Cruises Rottnest Cruises Broome Cruises South West Cruises or any related corporations of it providing goods or services to the customer and any person acting with due authority of the Company.

The Customer shall mean the person or persons procuring services from the Company.

Services shall mean any cruise function event or activity occurring on the Company’s assets.

Unless caused by gross negligence or wilful misconduct the Company and/or its owners and operators do not accept any responsibility whether in tort contract or otherwise for injury to or death of any of its passengers whether during a cruise boarding or disembarking or on the ferry terminal boarding jetties or any other jetties or wharves used whilst passengers are on board boarding or disembarking.

Further no liability either expressed or implied will be accepted for the loss of damage of luggage or other personal items.

If any term or condition contained herein shall be rendered null or void by the trade Practices Act 1974 as amended (‘the Act”) this contract shall take effect as if any such term or condition be void but only to the extent that the same is inconsistent with the Act.

The Company reserves the right to alter future schedules and prices or substitute one vessel with another if considered necessary at any time.

The Company reserve the right to refuse Services if it is deemed that a Customer is intoxicated abusive or threatening any of the Company’s employees contractors or passengers. No refund shall apply in this case.

If the Customer disregards any directions given by the Company’s employees or contractors it may result in being removed from the vessel or premises. No refund shall apply in this case.

In respect to any cancellation of any Service the Company will endeavour to re-schedule the cruise within 12 months of the date that was cancelled.

All prices are in Australian dollars (AUD) and include GST (Goods and services tax).

Payment and Cancellation Policy for bookable Services excluding Christmas Lights Services:

This section refers to all publicly bookable Services excluding any Christmas Lights Services.

The Company needs to take payment from the Customer at the time of booking to secure the Services otherwise the Services shall be considered tentative only and subject to cancellation or amendment at the Company’s discretion with no notice to the Customer.

The Company’s policies allow for the fact that life can change but also reflects the fact that the Company may lose the opportunity to sell seats or incurs costs cancellation or amendment of Services are requested.

Should the Customer cancel or amend their booking for any reason any card administration fees incurred by the Company shall be retained from any refund and shall not be included in the amounts referred to below.

Any amendments or cancellations up to 14 days prior to the departure date shall be refunded in full. This policy applies for COVID border related cancellations or amendments

From 14 days to 72 hours prior to the departure date 50% ticket price will be refunded

Cancellations or amendments from 72 hours onwards or failure to attend will be charged 100% ticket price

The Company may make reasonable endeavours to re-schedule the Services if this is requested and reasonably possible. However the Company shall be under no obligation to re-schedule the Services.

If the Company agrees to reschedule the Services from 72 hours prior to start of the day of departure and catering has been provided the catering cost advised for that cruise will be charged plus an administration fee of $10 which covers the staff cost of fulfilling catering orders related to those Services.

CHRISTMAS LIGHTS SERVICES
Owing to high demand all payment must be made in full at booking time. There are no refunds available on any Christmas Lights Services however the Company will make reasonable endeavours to re-schedule the Christmas Lights services if this is possible. If travel is not possible owing to COVID lockdowns then a credit will be applied.

TRAVEL CANCELLATION OWING TO GOVERNMENT RESTRICTIONS ON TRAVEL
The customer shall comply with all Government (Federal and State) requirements for entry into Western Australia or to access the operator’s premises event or service. Where the customer does not so comply and cancels or is unable to access the Company’s premises or Services they shall receive a credit valid for three years for use on any product excluding Christmas Lights Services.

DEPOSITS
Full payment is required at the time of booking of Services. If the Company agrees because the booking is material enough a 20% non-refundable part payment (“Deposit”) is due at the time of booking.

If a Deposit it taken full payment is due 30 days prior to departure unless the Company agrees otherwise with the Customer. If this is not received by the time agreed the Company may cancel the booking and retain the Deposit.

Payment and Cancellation Policy for privately hired Services including privately hired Christmas Lights Services

Full payment is required at the time of booking of all private hire Services. If the Company agrees a Deposit is due at the time of booking.

Should the Customer cancel their booking card administration fees will be retained by the Company.

If a Deposit is taken full payment is due 30 days prior to departure unless the Company notifies the Customer otherwise. If this is not received the Company may cancel the booking.

Should the Customer cancel or amend their booking for any reason any card administration fees incurred by the Company shall be retained from any refund.

If the Customer wishes Cancellation this must be put in writing and forwarded to the Company (a “Cancellation Notice”).

In the event a Cancellation Notice is received by the Company within 30 days prior to the departure date the Company reserves the right to charge 50% of the agreed rate for those Services.

If a Cancellation Notice is received within 14 days prior to the day of the departure the Company will charge 100% of the agreed rate plus any other expense already incurred or committed to.

For privately hired Christmas Lights Services non-refundable payment in full must be made by November 1st prior to the Christmas Lights cruises starting.

GROUP DISCOUNTS
If the group is significant enough to have received a discretionary discount and passenger numbers drop below the required numbers the Company reserves the right to increase the price to the rate applicable to the number of people travelling.

CANCELLATION OR RE-SCHEDULING BY THE COMPANY
In the event of a cancellation by the Company of any Services due to inclement weather or any force majeure event the Company will endeavour to re-schedule the cruise or a full refund will be offered if the Customer is unable to reschedule.

COMPANION CARD
Companion Card holders plus their companions are accepted on the Company’s Dolphin and Scenic Marine Cruises. Where food or drink components of a cruise are included the companion is required to pay for this.

PHOTOGRAPHY
The Company’s photographers may be present on Services and may take images which may be used in marketing material. The Customer can opt out of being included in these images.

PRIVACY POLICY
The Company will only use any personal data collected during the booking process in accordance with the National Privacy Principles established under the Privacy Act 1988 (Cwlth) and the Company’s Privacy Policy. The information provided by the Customer during the booking process (“Personal Information”) and any other information sent to the Company by the Customer or otherwise obtained by the Company about the Customer is only used for the purposes of fulfilling requests for our products; providing a personalised service and highlighting new Services; maintaining accounts and records; statistical analysis and conducting market research surveys; assessing and evaluating the use that is being made of the Company’s website. The Company’s website uses cookies for collecting user information and the data collected in this way may be processed in the same way as other data submitted as outlined above and for the same purposes. If the Customer do not wish their Personal Information to be handled in this way they may cancel the booking process. Credit card details are not viewable to the Company or any other parties. The Company may amend this Privacy Policy from time to time.