National Terms of Services - Australian Cruise Group

Terms of Service

Applicable for all cruises sold by Australian Cruise Group as an agent across Australia

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 booked through Australian Cruise Group as an and any other cruises, websites, operations or entities operated by a third-party. These Terms and Conditions constitute the agreement between you and us as an agent.

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).

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.

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.

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.

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.

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.

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).

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.

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.

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.

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.

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.

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.

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.

Contact Us

You can contact us on: Email: help@australiancruisegroup.com.au