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 Tony Elias Cruises PTY LTD t/as Cadman Cruises (referred to as, we, us and our, in these Terms and Conditions) for all bookings, reservations, products and cruises operated by us including The Cadman, and any other cruises, websites, operations or entities operated by us or a third-party. These Terms and Conditions constitute the agreement between you and us.
All cruise fares are quoted in Australian Dollars and include Australian Goods and Services Tax (GST). Note: The following credit card surcharges apply to Visa 1.5%, Mastercard 1.5%, Amex 3%.
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 vessel 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.
Most of our menus are prepared in our galleys on board the vessels. Due to the high volume of demand on the catering team it will not always be possible to change a particular menu item to suit your requirements. Where possible, we will try and accommodate your special requests to vary certain ingredients in the menu item. However, we cannot guarantee that certain products or ingredients will not be in our food, and we explicitly accept no liability in this regard. For serious food allergies you must make your own decisions on selecting meals. Any staff 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.
You must personally evaluate the risk associated with the type of cruise that you are purchasing or participating in. You assume all inherent risk other than what is covered under the insurance policy of the cruise operator partner as required under the relevant Australian law.
If you do have a medical condition, if you are pregnant, suffer from back, neck, heart condition or any other preconditions, it is your total obligation to determine and evaluate the risk associated with your chosen cruise and participation in any other activities including but not limited to snorkelling, diving, swimming or any other adventure activities.
If you have any food allergy, where a meal is included in your cruise, the cruise operator or partner will endeavour to provide you a suitable meal. However, it cannot be guaranteed at all times.
Children under the age of 14 must be accompanied by an adult at all times.
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.
The law of New South Wales governs this agreement and the parties agree to submit to the jurisdiction of the courts of New South Wales in respect of any Dispute arising between them.
Responsible Service of Alcohol Guidelines
Rowdy or unruly behaviour will not be tolerated. The Operator and the Vessel have a “Responsible Service of Alcohol Policy” that applies during the Charter. If behaviour falls outside the guidelines of this policy then the Cruise Director may, in conjunction with the Captain, do any of the following:
Terminate the Charter by berthing the vessel at the nearest safe location and disembarking the passengers.
Summon the police to remove offending passengers.
Negotiate with the Charterer to agree on some other course of action to resolve the issue.
Any costs associated with the early termination of the Charter due to unruly or rowdy behaviour must be paid by the Charterer.
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.
Scheduled Public Cruises and Terms and Conditions
At the time of booking a cruise, you must pay for it in full. Once booked and paid for, all cruise tickets may be transferred at our discretion. Any requests to transfer a booking to another date or time must be made 72 hours prior to the cruise time, are subject to availability in the class and any promotional price of your booking and will incur a $20 transfer fee per person, each time a request is made. If in our discretion we agree to any transfers to a different class or promotional price, you must pay the difference between the original booked price and the price of any transferred booking. No agreement will arise between you and us until we have received payment at the time of booking in accordance with this clause.
All group bookings require a 25% deposit in order to confirm the booking and full payment and confirmation is required 7 days prior to the cruise.
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.