The Sail Training Association of Queensland Inc

Terms and Conditions of Contract
The Sail Training Association of Queensland Inc trading as ‘South Passage’

1. IMPORTANT NOTICE
1.1. This document is a legally binding contract between you and the Sail Training Association of Queensland trading as ‘South Passage’ (‘us,’ ‘we’ and ‘our’) and governs all our dealings with you.
1.2. For the purposes of this contract, ‘passenger,’ ‘you’ and ‘yours’ refers to any and all persons travelling on our ship, the SV South Passage.
1.3. This contract contains fees for the cancellation or transfer of a ticket, a limitation on our liability for claims, and an indemnity in favour of us for your acts or omissions. Please read this contract carefully.
1.4. By redeeming a ticket for travel on the SV South Passage, including where someone else has purchased the ticket on your behalf or where South Passage has subsidised the cost of the ticket, you:
a. are deemed to have read, understood and accepted all terms and conditions of this contract; and
b. state that you are authorised by or on behalf of any passenger listed on a ticket (including any minor) to agree to all the terms and conditions of this contract.
2. TERMS AND CONDITIONS OF TRAVEL
2.1. Pricing and Payment
2.1.1. Our pricing schedule is available at our booking website:
southpassage.rezdy.com
2.1.2. All prices are inclusive of GST. Payment for all tickets must be made in Australian Dollars.
2.1.3. We reserve the right to increase published prices without notice. In the event of an increase, only new ticket purchases will be affected. Any reservations made prior to the fare increase will be protected at the rate they were booked and fully paid for.
2.1.4. Some tickets must be paid for in full at the time of booking. Some tickets may require a deposit. This will be noted on the booking information for the ticket.
2.1.5. Payment can be made via our booking website or over the phone by calling our office.
2.1.6. You are required to present your ticket or supporting identification when arriving for your day sail or voyage.
2.1.7. Subject to the express provisions of this contract, all tickets are non-refundable.
2.1.8. Discounted fares (including concession and group fares) must be reserved and paid for in full at the time of booking. Discounts cannot be applied after travel has been booked and paid for.
2.1.9. Passengers must bring along appropriate supporting documentation when claiming a discounted fare. We reserve the right to ask for proof of concession for each ticket holder. Passengers who fail to bring supporting identification with them when checking in for travel may be required to pay the balance between a full and a discounted fare.
2.1.10. Group discounts may be available when a specified number of adult fares are booked together. In order to be eligible for a group discount, the specified number or more full-paying adult fares must be paid for in full in one transaction.
2.2. Captain’s Discretion
2.2.1. Any and all decisions regarding activities and conduct on board, anchorage locations and course are at the Captain’s sole and absolute discretion.
2.2.2. Passengers must obey the directions of the Captain at all times.
2.3. Check-in
2.3.1. Passengers must arrive and check-in 30 minutes prior to the departure time specified on their ticket. The Captain may refuse to board late passengers, and in these circumstances no refund or transfer will be offered. We are not responsible for parking, transport issues, or other delays that may delay passenger arrival or check-in.
2.4. Changes to Bookings
2.4.1. Tickets may be changed or transferred to another date if at least 72 hours’ notice is given and is subject to availability. A fee may be incurred for changes.
2.4.2. If less than 72 hours’ notice is given, the passenger may forfeit their right to change or transfer to another date and may not be entitled to a refund.
2.4.3. Group bookings of 10 or more people must give at least two weeks’ notice to transfer the booking to another date. A fee of $100 per group booking may be incurred for group booking transfers.
2.4.4. Day sails and voyages are subject to minimum numbers and we reserve the right to cancel any day sail or voyage that fails to reach these numbers.
2.4.5. We reserve the right to make changes to the schedule and price of day sails or voyages, including the right to cancel day sails or voyages at our sole and absolute discretion.
2.4.6. If we cancel a day sail or voyage for any reason, paid ticketholders are entitled to a transfer to another equivalent day sail or voyage, subject to availability, or a full refund. Refunds will be given to the person who originally purchased the tickets.
2.5. Access
2.5.1. Passengers must be aware of the mobility requirements for travel on the SV South Passage. Day sails and voyages are not suitable for individuals who are not self-ambulatory. Passengers must be able to move unaided over the narrow gangway and navigate the steps to the deck below. Toilet facilities are located below deck, accessible only via ladder.
2.6. Passenger Warranty
2.6.1. You warrant that you are physically fit and capable of undertaking travel on the SV South Passage. You must be in good physical and mental condition and be capable of performing all actions reasonably required in relation to the activity of sailing.
2.6.2. We reserve the right to refuse passage to any passenger who in our opinion is unfit for travel. In such circumstances the passenger’s ticket will be refunded.
2.7. Conduct of Passengers
2.7.1. Passengers must comply with the requirements of all immigration, port, health, customs, and police authorities, and all other laws and regulations that apply to the location of your day sail or voyage at all times.
2.7.2. We reserve the right to refuse boarding to, or disembark, any passenger who in our opinion or the opinion of the Captain:
a. endangers themselves or any other passenger, employee or volunteer on board the ship;
b. does not meet Australian Maritime Safety Authority safety requirements;
c. is under the influence of alcohol or drugs;
d. harasses or discriminates against other passengers or crew;
e. is found to be in possession of inappropriate literature; or
f. is otherwise in breach of any of our policies.
2.8. Children
2.8.1. Children aged 13 and under must be accompanied by an adult over the age of 18 on the SV South Passage. The safety and control of any such child is the responsibility of the accompanying adult.
2.9. Footwear
2.9.1. Enclosed footwear must be worn at all times on the SV South Passage.
2.10. Alcohol
2.10.1. At the sole and absolute discretion of the Captain, alcohol may be brought onto the SV South Passage by passengers for day sails only and not for voyages.
2.10.2. The Captain reserves the right to limit, restrict and/or withhold alcohol at any time and for any reason.
2.11. Smoking
2.11.1. Smoking is prohibited on and near the SV South Passage.
2.12. Media
2.12.1. We reserve the right to take photographs or video footage during day sails and voyages, and to use any such photographs or video footage for promotional purposes. If you would not like your image to be used in any of our promotional material please inform us in writing before travel.
2.13. Limitation of Liability
2.13.1. To the extent permitted by law, we do not accept any responsibility or liability for:
a. the loss of or damage to any personal property; or
b. injuries, illness or death of any passengers.
except where such loss, damage, injury, illness or death is caused or contributed by any wilful or negligent act or omission by us, our officers, or our employees.
2.13.2. Any claims or demands for liability whatsoever arising from the injury or death or losses of passengers or ticketholders is hereby excluded, except where such claims or demands are caused by any wilful or negligent act or omission by us, our officers, or our employees.
2.14. Consumer guarantees
2.14.1. You are entitled to a number of statutory warranties and protections pursuant to the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law. Nothing in this contract operates to exclude, restrict or modify any provision of the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law or any equivalent state or territory legislation.
2.15. Waiver
2.15.1. All day sails and voyages include services that are recreational services for the purposes of section 139A of Competition and Consumer Act 2010 (Cth). You acknowledge and agree that in relation to the supply of any such services to you, we will not be held liable for:
a. your death;
b. your physical or mental injury (including the aggravation, acceleration or recurrence of any such injury);
c. your contraction, aggravation or acceleration of any disease, or
d. the coming into existence or the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to you that:
i. is or may be harmful or disadvantageous to you or to the community; or
ii. may result in harm or disadvantage to you or the community.
2.15.2. Pursuant to section 139A of the Competition and Consumer Act 2010 (Cth), the above exclusions do not apply to the extent that your injury is caused by our reckless conduct.
2.16. Indemnity
2.16.1. You agree to indemnify us and our servants, officers, employees, agents and volunteers for all penalties, fines, charges, losses, damages and expenses of any nature imposed upon or incurred by us in connection with your acts or omissions, or those of a minor or any other person in your care. This indemnity extends but is not limited to loss or damage arising from claims by third parties, loss or damage to property or loss or damage to the environment. Your liability to indemnify us and our servants, officers, employees, agents and volunteers will be proportionally reduced to the extent that our negligent act or omission or a breach of our obligations under this contract caused the loss, damage, expense, injury, death or other liabilities.
3. TERMS AND CONDITIONS FOR GIFT VOUCHERS
3.1. Validity
3.1.1. Vouchers are of the value of the selected day sail or voyage on the SV South Passage, subject to these terms and conditions.
3.1.2. Payment for all gift vouchers must be made in Australian Dollars and must be paid in full at the time of purchase. Refunds will not be given when the passenger may normally be entitled to a reduced fare.
3.1.3. Vouchers may not be redeemable for some special events. In some circumstances, an upgrade fee may be applicable in redeeming a voucher for a certain day sail or voyage.
3.1.4. All gift vouchers are valid for 36 months from the date of purchase, and may only be used within the designated sailing season (normally occurring from mid-February to mid-January).
3.1.5. Vouchers expire at midnight AEST on the date stated on the voucher.
3.2. Redemption
3.2.1. Bookings are essential to redeem your voucher.
3.2.2. Bookings with your voucher can be made online at www.southpassage.org.au or over the phone by calling our office. The voucher number must be quoted or entered at the time of booking.
3.2.3. A confirmation notice will be sent to you at the time of booking. You should present this confirmation notice and your gift voucher when arriving for your day sail or voyage.
3.2.4. The General Public sailing season is limited. Please refer to the calendar of available dates on our website.
3.2.5. It is the voucher holder’s responsibility to ensure the voucher is redeemed before the expiry date of their voucher. We take no responsibility if your preferred day sail or voyage is fully booked or cancelled before you make a booking.
3.2.6. All vouchers are to be surrendered when booking, and we reserve the right to ask for proof of concession for each ticket holder at the time of check in. Passengers who fail to bring proof of concession with them when checking in may be required to pay the balance between a full and a discounted fare.
3.3. Extensions
3.3.1. Any requests for voucher extensions must be done in writing, and should include the voucher number, and the name and contact details of the voucher holder, and the reasons for the request.
3.3.2. We may extend the validity of a voucher at our sole and absolute discretion.
3.4. Flexibility
3.4.1. Vouchers may be used to purchase South Passage merchandise. If you wish to do this, please contact the office for assistance.
3.5. Discontinuing
3.5.1. We reserve the right to cancel tickets for any day sail or voyage purchased on a voucher. Should this occur, we will replace the cancelled tickets with another day sail or voyage to the same value for all valid voucher holders, or refund the purchase amount in full.
3.6. General
3.6.1. Terms and conditions associated with day sails and voyages apply to all bookings.
3.6.2. Vouchers are not refundable, and, once booked, are non-transferable.
3.6.3. Vouchers are not redeemable for cash and cannot be returned for a cash refund. Vouchers cannot be used to purchase other vouchers.
3.6.4. If your booking exceeds the value of your gift voucher, you must pay for the balance in full prior to the booking being accepted.
3.6.5. Gift vouchers may not be purchased using discount vouchers or promotions unless expressly permitted.
3.6.6. We are not responsible for lost or stolen gift vouchers.
3.6.7. Gift vouchers cannot be sold.
3.6.8. Gift vouchers will be void and will not be redeemable if they are defaced, mutilated, altered or tampered with in any way. Gift vouchers may be subject to verification and security checks at the organisation's discretion.
3.6.9. We reserve the right to cancel any voucher for any reason at any time without notice. In such circumstances, the voucher purchaser may be provided with a refund or replacement gift voucher of equivalent value, at our sole and absolute discretion.
4. PRIVACY POLICY
4.1. Our Privacy Policy, which may be updated from time to time, is available at our website:
southpassage.org.au/privacyterms
5. GENERAL
5.1. This contract is governed by and construed in accordance with the laws of Queensland.
5.2. No amendment to this contract shall be effective unless it is in writing, expressly stated to amend this contract and signed by an authorised signatory of each party.
5.3. Any intellectual property rights held by us including but not limited to any rights in photographs or video footage taken by us either before or during a sail shall remain our sole property.
5.4. All notices to be issued under this contract must be given in writing. Notices will be deemed as having been received and properly served either:
a. immediately when posted on our website;
b. 24 hours after an email has been sent; or
c. 5 days after the date of posting any letter.