Boutique Sydney Harbour Dinner Cruise

• Boutique intimate dinner cruise
• Exclusive 78 foot, purpose-built luxury vessel
• Experience restaurant fine dining on the harbour
• 3 hours of high-quality cruising
• Spectacular views of the harbour icons and city skyline

1. BOOKING
(a) Ticket cost. The cost of your ticket is the amount stated to you (in Australian Dollars) at the time of booking. We may change our prices that we offer but we will not change your ticket cost after you have booked. We are not liable for anyone else misrepresenting our goods or services or their cost.

(b) Inclusions. The ticket price includes all ferry fares, tours, compulsory government fees and meals as stated in the full itinerary, which can be viewed at the Website.

(c) Exclusions. Any expenses not covered by the ticket which are reasonably incurred on board the vessel or at any port or place by us for you including medical, hospital, surgical or similar treatment, hotel, transport and/or repatriation expenses shall be payable by you to us.

(d) Surcharges. We are entitled to charge up to 1.55% surcharge depending on your payment method.

(e) Groups. Group Pricing is available for groups of nine or more. If the total number of passengers in relation to a group booking falls below nine passengers, we reserve the right to increase the price to a regular fare. All passengers are required to travel together on the same service in order to qualify for a discounted group fare. Groups must:

(i) provide a 25% non-refundable confirmation deposit within seven days after booking, and

(ii) confirm their group’s numbers and provide the balance of payment no more than seven days prior to travel date.

Payments are only valid once a remittance is sent to our accounts team with reference to the invoice number. Once booked, changes are not permitted and there are no refunds for cancellations by you for group bookings.

(f) Special Event. Payments for travel on selected special event days (25, 26 & 31 Dec & 26 Jan, 14 Feb & Vivid Sydney) are non-refundable. Date changes, refunds, cruise credits and cancellations are not permitted.

(g) Gift Vouchers. Gift vouchers purchased from us are valid for three years from the date of purchase and are not redeemable for cash. Gift vouchers are subject to availability and can only be used to pay for a future booking.

(h) Lost ticket. If you lose your ticket, you must call our ticketing office to ask for a replacement – see the Website for contact details. Reservations staff can re-issue the ticket after confirming your identity and checking that the ticket has not been used by any other person.

2. ON THE DAY OF TRAVEL
(a) Check-in. You must check-in at the location stated on the ticket at least 30 minutes prior to the time of boarding stated on the ticket. We may refuse entry if you are late.

(b) Transfer of ticket. To board the vessel the Passenger needs a ticket with their name on it or a ticket for which the original holder has been given our written permission to transfer it to the Passenger.

3. ON THE VESSEL
(a) Medical conditions. In boarding the vessel you represent that you are medically and physically fit to be on the vessel. If you develop a medical condition that, in our opinion, may affect the enjoyment, health or safety of you or others then we may remove you.

(b) Children. Children aged 14 years or under must not travel without an adult who is responsible for them.

(c) Prohibited items. You may not bring on board any objects of a flammable or dangerous nature including:

(i) firearms, knives, weapons or sharp objects;

(ii) alcohol or drugs of any kind (other than legally prescribed drugs for personal medication or the treatment or relief of personal ailments);

(iii) items that may become or are dangerous, such as seal batteries, items containing mercury, bleaches, explosives (including fireworks and flares), poisons (such as pesticides and herbicides), radioactive material;

(iv) items prohibited by applicable law, regulation or order; or

(v) animals (with the exception of guide dogs).

(d) Smoking. By law, you must not smoke on board including e-cigarettes.

(e) Safety. You must at all times follow and carry out all lawful directions of the master and crew members of the vessel. You must take all reasonable precautions for your own safety and the safety of others in your care (particularly children). This includes using hand and guard rails provided around the vessel at all times, appropriately restraining children, and following the instructions given in any safety briefing.

(f) Footwear. You must wear footwear at all times whilst on the vessel.

(g) Alcohol. We are committed to the responsible service of alcohol and reserves the right to refuse the service of alcohol in accordance with liquor licensing laws and we may remove you as necessary.

(h) Searches. The Passenger permits us and its authorised employees/agents at any time whilst the Passenger is on board the vessel to search the Passenger and/or the Goods in order to establish whether the Passenger is in possession of dangerous goods and/or alcohol and/or illegal drugs.

(i) Refusal. We may refuse to carry you if we believe:

(i) such action is necessary for reasons of safety; or

(ii) your conduct, age, mental or physical state, nature or condition (including intoxication) may cause inconvenience, discomfort or objection to anyone else.

4. OUR OPERATIONS
(a) Amendments to the Route, Timetable or Carriers. We will make every reasonable effort to adhere to the advertised route and timetable and use the advertised carriers. However, we may alter the route or timetable or use alternative carriers for any cause in their absolute discretion (acting reasonably) with no refund payable.

(b) Representations. No agent or employee of ours has authority to give undertakings or make representations in relation to the provision or timing of any service provided by us that are inconsistent with these terms and conditions. Any such undertakings or representations will not bind us.

(c) Connections. The Company cannot guarantee pick up or drop off times and is not liable for any costs deriving from the failure of the Passenger to connect with other services. As a result, Passengers should allow ample time for connections.

(d) Recreational Services and Recreational Activities. The Services include Recreational Services and Recreational Activities. In this agreement, the Company gives to the Passenger a risk warning about the inherent risk of being a passenger on a vessel.

(e) Own risk. The Passenger acknowledges that all Recreational Services and Recreational Activities in connection with the vessel are undertaken of the Passenger’s own free will and at the Passenger’s own risk.

5. CANCELLATIONS
(a) Your cruise could be canceled under one of the following three circumstances:

(i) A cancellation arising from your actions, through no fault of ours – see ‘Guest Cancellations’.

(ii) A cancellation by us arising from external consequences that make our performance of the agreement impossible (for example a Force Majeure event, or the actions of a third party e.g. new government regulation) – see ‘Force Majeure Cancellations’.

(iii) Any other cancellation by us – see ‘Our Cancellations’.

(b) Our Cancellations. If we cancel a cruise service or tour for any reason prior to the Passenger departing on their booked service, then, in addition to any remedies available under the law (including the non-excludable consumer guarantees), we will give you the option of either:

(i) Rebooking an alternate cruise service or tour of the same value (in lieu of any refund); or

(ii) Receiving a full refund of the relevant part of the fare.

If the booking was made through a travel agent, any refund will be returned to that travel agent for their payment to you. Travel agents may have fees or commissions that need to be deducted from the amount we refund which may mean the amount received by you may be different from the amount they paid for their booking.

(c) Guest Cancellations. If you wish to cancel a cruise, you must notify us of the cancellation. No refund will be payable if you cancel your booking within 24 hours prior to the booked voyage time.

(d) Force Majeure Cancellations. For all cruise types, in the event of a Force Majeure Cancellation, we will provide you with a credit note of an amount equal to the monies paid to us under the booking. The credit note can be applied to the cost of a future cruise with us. Time limits and other criteria and conditions may apply.

6. MISCELLANEOUS
(a) This Agreement shall be governed by and construed in accordance with the laws of the State of New South Wales and the Parties submit to the jurisdiction of the Courts of that State.

(b) The rights granted to us under this contract extend to our sub-contractors and agents and we are deemed to be acting as agent for and on behalf of and for the benefit of all such persons as if they are parties to this agreement. To the extent permitted by law, we are not liable to you for loss or damage to property, death, physical or mental injury unless it was by, contributed to, or arose out of our negligent or reckless conduct.

(c) Not a common carrier. To the extent allowed, we are not a common carrier and will accept no liability as one.

(d) Consumer law. If any law including the Australian Consumer Law could apply to a term in this Agreement, the term is to be construed or varied to the extent required to make it valid and enforceable.

7. DEFINITIONS & INTERPRETATION
(a) Australian Consumer Law means the Australian Consumer Law as set out in the Competition and Consumer Act 2010 (Cth).

(b) Goods shall mean any goods or equipment owned by or in the possession of the Passenger which the Passenger brings on board or causes to be brought onboard the vessel.

(c) GST means goods and services tax or similar value-added tax levied or imposed in Australia.

(d) Force Majeure event means an event or circumstance which is beyond our control and without our fault or negligence and which was not reasonably preventable, including:

(i) riot, war, invasion or acts of terrorism;

(ii) requisition or compulsory acquisition by any governmental or competent authority, a material change in legislation or directions by a government authority;

(iii) medical outbreak, or contamination of any kind;

(iv) earthquakes, flood, fire or other physical natural disasters; and

(v) strikes or industrial disputes which affect an essential part of the service.

(e) Passenger means the person who boards the vessel and receives the Services.

(f) Recreational Services and Recreational Activities shall mean services or activities referred to in Section 139A of the Competition and Consumer Act 2010 (Cth) and Part1A of the Civil Liability Act 2002 (WA) and other equivalent legislation and is defined for the purposes of the risk warnings given in this agreement under those acts.

• 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 operated by us including Sydney Showboats, Magistic Cruises, Cruising Restaurants of Sydney, Magistic Events, and any other cruises, websites, operations or entities operated by us. These Terms and Conditions constitute the agreement between you and us.
• Individual bookings (less than 10 guests): Requires a full payment at the time of the booking. These bookings are 100% non-refundable.
• Group bookings (10 guests or more): The guest has a choice to pay a 20% deposit to confirm the booking, if the cruise date is more than 14 days in advance. The customer must confirm the final number of guests 7 days prior to the cruise date and are required a full and final payment 7 days prior to the cruise. Credit will be issued for any reduction in final passenger numbers up to 7 days prior to the cruise date.
• Change cruise date (transfer your booking): Any request to transfer a booking to another date must be made 72 hours prior to the cruise date. Such transfer of bookings are subject to availability of seats at the same price for the new cruise date. If the price is higher for the new cruise date, you will be required to pay the difference in addition to the minimum transfer fee.
• Transfer fee: There is a $20 per person minimum transfer fee will apply. New Year’s Eve cruise tickets cannot be transferred to a different date.
• Please note that whilst we are delighted to welcome well-behaved children on board our vessels/cruising restaurants (excluding Clearview boats), we do not provide high chairs due to safety reasons. If you have infants, like an airline, you must book and pay the relevant price and declare at time of booking, as they must be included in the manifest. If infants are booked, we will facilitate extra space for stroller or pram on request.
• All cruise fares are quoted in Australian Dollars and include Australian Goods and Services Tax (GST).
• We reserve the right, if we consider necessary (for example, due to mechanical breakdown, for safety reasons or weather conditions), to substitute vessels without notice (including any vessels of a third party), deviate from a vessels advertised route, change any menu, service, schedule, program, performance or cruise fare. We will endeavour to provide a similar quality vessel, route, menu, service, schedule, program, performance or cruise fare (as the case may be) in these circumstances. In such circumstances, we will not be liable for your direct or indirect loss, or to refund any fares or portions of fares, nor will we be liable for any other damage, loss, expense, loss of time, disappointment, inconvenience, or any other consequential loss suffered by you.
• Requests from our guests for dietary requirements (gluten-free, nut-free, dairy-free), substitutions and modifications of menus on board our cruises will be politely declined, as our kitchen team prepares the meals in our onboard kitchens. As we cater for large number of guests in a relatively small meal time, it is not practical for us to accommodate to such requests within the given time frame. All of our cruises have at least on vegetarian menu option for seated & served menus. Banquet/buffet menus also offer vegetarian choice. We cannot guarantee that certain products or ingredients (nuts, gluten, diary, etc.) will not be in our food, and we explicitly accept no liability in this regard. For serious food allergies you must make own decisions on selecting meals. Our staff’s comments are only to assist you in making an informed decision. In exceptional circumstances, with our prior written consent you (or one of your guests) may bring your own meal.
• Our 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 our 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:
  
  (a) We exclude all other guarantees, terms, conditions and warranties; and
  (b) 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.
• We exclude all liability for any loss or damage to clothing or personal items/belongings howsoever arising and whether or not our liability arises in tort, contract or otherwise.
• 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.
• It is a condition of this agreement that any claim for loss or damage must be notified to us in writing within seven (7) days from the day the cruise finishes, and any court action, suit or proceeding must be brought no later than one (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.
• We may contract or arrange for third parties to provide the whole or part of the 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 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.
• You must not bring any alcohol or illegal substances onto the vessel. We reserve the right to refuse you entry to the vessel, or to require you to disembark from the vessel, including due to your intoxication or for the safety of other passengers or the vessel.
• 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.