Passenger Terms of Service – ACG Acting as Agent

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.

AGENCY BOOKINGS

  • Australian Cruise Group is a Sydney based cruise company which owns and operates cruises on Sydney Harbour. In addition to owning and operating our own fleet of Vessels, in some instances we act as an agent and a Charter booking agency. We receive all payments on behalf of the Operator as their agent. We earn a commission based on a proportion of any Charter fee, together with any other volume rebates supplied by the Operator
  • Our responsibility is limited to the service we provide, that is booking Charters and cruises. The Operator is solely responsible for delivering the Charter and/or cruise

    100% payment is required to confirm all third-party bookings.

    For all cruise bookings not owned and operated by Australian Cruise Group (third-party bookings) please refer to your ticket for the cancellation policy. Cancellation policy will vary from Operator to Operator.

CRUISE OPERATION

  • The cruise operator reserves the right, at their 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.

  • 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.

  • Wherever possible you must take reasonable precautions to ensure the safety of yourself and others in your care (particularly children).

  • You must always use the hand and guardrails whilst moving around the Vessels for safety reasons.

  • You must always wear comfortable and appropriate shoes, suitable for a boat. Stilettos are not recommended.

CANCELLATION TERMS

Cancellation fees will vary between operators. Please refer to your e-ticket for the relevant policy and applicable fees.

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:
    1. We exclude all other guarantees, terms, conditions, and warranties; and
    2. 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.

GIFT CERTIFICATES

  • Gift certificates purchased on or after 1 November 2019 are redeemable for at least three years after the day they were supplied or purchased (ACCC Compliance).
  • 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)

  • The relevant state Responsible Service of Alcohol will be applicable.
  • The Cruise Operator will enforce the relevant regulations to comply with local laws of the operating location.
  • The Cruise Operator and the crew have the absolute discretion to refuse entry to any intoxicated passenger at boarding.
  • They also have the right to request disembarkation from the Vessel due to intoxication or for the safety of other passengers.
  • The Cruise Operator will refuse service of alcohol to intoxicated patrons.
  • The Cruise Operator 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.
  • They may refuse service of alcohol to any individual in our absolute discretion at any time.
  • You must not bring any illegal substance onto the Vessel.