By signing these terms and conditions (“the Terms and Conditions”), the passenger outlined in the schedule to these Terms and Conditions (“the Passenger”), in its dealings with Blue Horizon Charters (ABN 97 138 707 819) which include its agents, employees and officers (“the Company”), agrees to the Terms and Conditions and agrees to be legally bound by them.
1.1 The Passenger agrees to pay the Company the price set out in the schedule to these Terms and Conditions (“the Price”).1.2 The Passenger agrees to pay the Price to the Company in the following manner:
1.2.1 Payment in full is to be made on the day of the booking. Upon the payment the Passenger is deemed to agree to the Terms and Conditions. Terms and Conditions must be signed and returned to the Company prior to departure on charter.
1.2.2 Payment of the full charter amount at the time of the booking as set out in the schedule to these Terms and Conditions. If the Passenger does not pay in full the balance of the Price in accordance with the time frame specified in this clause, then the Company is free to offer the Passenger’s berth aboard the Charter to any other person, without incurring any liability to the Passenger.
Blue Horizon Charters insists children aged 17 or under are accompanied by an adult.
If, for whatever reason, the Passenger wishes to cancel their position on board the Charter then the Passenger must immediately notify the Company. Cancellation made 14 days or more prior to bookings will get a full refund.
A charter maybe cancelled due to insufficient numbers (minimum 6 pax) on day charters and (8 pax) on overnight or extended charters, bad weather or mechanical breakdowns 24Hrs prior to the charter.
In this instance passengers will receive a full refund or have the opportunity to transfer there charter to the next available date. If the charter is missed without notice this is classed as a no show and the full payment will be negated.
Please read above payment terms very carefully.
- Travel Insurance
The company recommends that passengers organise their own travel insurance.
4.1.1 The Company will provide the Passenger with pickup and return transportation from there town accommodation to the boat at the marina.
4.1.2 The Passenger is personally responsible for organising and paying for all transportation associated with getting to and from Exmouth, Western Australia.
4.2.1 The Company will provide the Passenger with accommodation aboard Blue Horizon for extended Charters (up to 5 Nights) 4.2.2 The Company will provide the Passenger with a mattress.
4.2.3 The Passenger must provide a single sheet & blanket set and pillowcase(s) and acknowledges that a swag is an alternative to this requirement. Along with all personal items and medications.
4.3 Food and Beverages
4.3.1 The Company will provide the Passenger with morning tea, lunch and afternoon snacks on day charters as well as tea, coffee and soft drinks.
On Extended charters three (3) meals per day and some limited beverages including tea, coffee, cordial and a selection of breakfast juices. If the Passenger has any special dietary requirements then the Passenger must notify the Company of any such dietary requirements at least seven (7) days prior to the Departure Date.
4.3.2 The Passenger acknowledges that the provision of all other food and beverages are his or her responsibility.
The Company will endeavour to supply all of the activities listed in the Company’s promotional material including the activities specified on the Company’s website (“the Activities”) to the Passenger. The Company does not warrant that all Activities shall be available for the Passenger’s use on the Charter.
The Passenger must be out the front of there accommodation in Exmouth and ready to be picked up by no later than 6am on the Departure Date. If the Passenger chooses to arranges there own transport they must be at the Exmouth Boat Harbour (accessed from Madaffari Drive), Exmouth, and ready to board by no later than 6:30am on the Departure Date.
- Variation to Services
The Company reserves the right to, without notice:
6.1 Cancel or vary the Services in any way and for whatever reason without any liability to the Passenger.
6.2 Substitute or vary any of the vessels used to carry out the Services with any other boating vessel capable of fulfilling the Services at the absolute discretion of the Company without any liability to the Passenger.
- The Services are not transferable by the Passenger to any other person.
- A Passenger who cancels their position aboard the Charter but finds a replacement passenger to take their place must transfer the Price to the replacement passenger.
- Prohibited objects
The Passenger must not take onto any vessel used by the Company for the provision of the Services any glass (excluding beer and, wine bottles). However the Passenger is encouraged to use alternatives to glass bottles wherever possible. Any prohibited substances governed by WA state law and not limited to Weapons, explosives, volatile spirits, corrosives, easily ignitable articles or offensive things of any kind that may cause inconvenience or harm to any other persons on the Charter or endanger or cause damage to the boating vessels used by the Company for the provision of the Services are not permitted on the charter.
Except as otherwise provided by these Terms and Conditions and to the extent permitted by law:
(a) The Company is not liable for the death of or injury to any person, or loss of or damage to baggage or property, or for consequential or other loss of any kind, arising directly or indirectly from negligence or omission or some other cause in connection with the provision or non-provision of the Services or otherwise; and
(b) The Company is not liable for any inaccuracies of the information concerning the Services.
- Passenger Compliance
The Passenger agrees to comply with all:
(a) Laws, regulations and all instructions of the Company whilst aboard any vessel used by the Company for the provision of the Services;
(b) Notices exhibited on any vessel used by the Company for the provision of the Services; and
(c) Acts, Regulations and licence conditions as they relate to the Ningaloo and Montebello Islands Marine Park.
- Passenger Warranty and Indemnity
(a) The passenger warrants that he/she is not aware of any existing medical condition which might impact on his/her ability to participate in and complete the Charter and that he/she has made full disclosure to the Company of any medical condition which might affect the Passenger’s ability to participate fully in the Charter.
(b) The Passenger acknowledges that deep sea fishing and other activities may occur some hours away from the nearest port and that there may be a delay in transferring the Passenger from the site where deep sea fishing/other activities is occurring and the nearest port.
(c) The passenger acknowledges that he/she has been informed that medical facilities in Exmouth are limited. In the event that the Passenger requires specialised medical treatment the Passenger may be required to be evacuated to another centre. The Passenger further acknowledges that in that event all costs in respect of such transfer and evacuation are the Passenger’s sole responsibility.
(d) The Passenger hereby indemnifies and releases the Company against any claim of whatever nature for any liability incurred either in respect of the cost occasioned in evacuating the Passenger from the Blue Horizon to the nearest port, and in respect of any damages suffered by the Passenger as a consequence of any delay in obtaining appropriate medical treatment, and releases the Company for any liability for such damages, cost and expense.
If the Company, in its sole opinion determines that:
(a) The Passenger has breached any of these Terms and Conditions, appears to be under the influence of a prohibited substance or it is necessary for the safety or comfort of the other persons aboard any of the vessels used by the Company for the provision of the Services, then the Company may terminate the agreement with the Passenger and remove the Passenger from the Charter at the Passenger’s cost. If the Company exercises its authority pursuant to this clause then the Price shall not be refundable to the Passenger; or
(b) If any person is to leave the confines of the Vessel for what ever purpose such as and not limited to Boarding/disembarking, swimming, snorkelling is at there own risk and responsibility and not the responsibility of the master, crew or company that owns the vessel; or
(c) The weather conditions are not suitable to operate the Charter then the Company may elect to shorten or cancel any portion of the Charter. In the event that the Charter is shortened or cancelled under this clause then the Company will asses each charter on individual merit to ascertain what refund, if any, will be given to the Passenger.
- Fuel Levy
(a) The Company reserves the right to charge the Passenger a fuel levy at any time before the Departure Date where the Company determines that it is necessary due to an increase in the price in fuel.
(b) Failure by the Passenger to pay any imposed fuel levy prior to the Departure Date may result in the Company cancelling the Passenger’s berth aboard the Charter without incurring any liability to the Passenger and no refund due to the Passenger.
- Personal Property14.1 The Company will not be liable for any loss or damage to the Passenger’s luggage or to any possessions of the Passenger.14.2 Any luggage or possessions left behind by the Passenger at the conclusion of the Charter will be held by the Company for fourteen (14) days. If the luggage or possessions are not claimed within fourteen (14) days then they will become the property of the Company.14.3 All costs incurred by the Company in returning the luggage or possessions to the Passenger shall be the responsibility of the Passenger.
These Terms and Conditions are subject to and shall be construed in accordance with the laws of Western Australia and the Passenger agrees to submit to the non-exclusive jurisdiction of the Courts of Western Australia.