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TERMS & CONDITIONS

2016 – 2018

All guests using the services of Kimberley Pearl Charters do so under the following:-

TERMS & CONDITIONS

1.      Operator: Means Lugger Enterprises PTY LTD ABN 13603204388 trading as Kimberley Pearl Charters of P.O. Box 12 North Fremantle 6159

2.      Fare Prices: Fare prices for travel up to and including 31 December 2018 are available from the Operator upon request.

3.      Payment Methods: Payment can be made by;

Cash, Visa, Bankcard or Mastercard.  Payment by way of credit card will attract a 1.5% surcharge for processing.  This surcharge is non-refundable in the event of a trip cancellation or Credit Card declined.  If your credit card payment cannot be authorised by Operator earlier than Thirty (30) days prior to travel our system will automatically cancel your reservation.  The operator will attempt to contact the Customer to obtain another form of payment, however if the Operator cannot contact the Customer the Customer’s booking will not be held.  The customer will know the Operator has received a correctly authorised payment and made a booking once the Customer receives their booking confirmation email and not before.

·          Travel Agent Voucher: If your travel agents gives you a voucher, its acceptance by us as a means of paying for your charter depends upon your agents’ continuing good credit status with Kimberley Pearl Charters.  Full payment is due no later than thirty (30) days prior to the date of charter.

4.      Exclusive Charters: Available on request.  The maximum number of passengers on board the vessel is 70 passengers for day charters or 12 passengers for extended cruise itineraries.

 5.      Days of Operation: Cruises available seven (7) days per week.  Please contact the operator directly via phone or email for further information and availability.

 6.      Quotes: Quotes for special events, incentives, private charters and specific requirement will be valid for 7 days from the date issued.  The operator reserves the right to re-quote based on any changes to quote requirements.  A deposit will be required with cancellation which may vary from the above, please ask.

 7.      Tentative Booking: Tentative reservations are a first right of refusal and will be held for up to seven (7) days or until another party wants to book.

 8.      Payment Processing:  Bookings for travel with the operator may be made by telephone or on the website.  The operator’s telephone reservations/message bank operates during business hours 9am-5pm, Mon-Fri.  When making a booking over the telephone or via the website, a 25% deposit will be required and processed at time of booking.  Booking confirmation and receipt of payment will then be emailed through to the customer with email provided.

9.     Confirmation of Booking:

·          Charters will be confirmed on receipt of the specified deposit.  Unconfirmed bookings may be subject to cancellation after seven (7) days if no prior arrangement is made.  In the event of bookings made within seven (7) days of the charters, full payment would be due at time of booking.

·          A 25% deposit is payable in order to confirm the booking.  This deposit is required within seven (7) days of initial booking or reservation request.

All bookings require full payment no later than thirty (30) days prior to the date of charter.

10.     Cancellation Policy:-

·          Charters; Cancellations made more than 30 days before travel (as logged in operator’s booking system) may be made without penalty and a full refund will be given to the customer.  Cancellations made less than 30 days, but more than 7 days before travel, will attract a 50% of total cost cancellation fee.  Cancellations made less than 7 days before travel will attract a 100% of total cost cancellation fee.  The operator has the right to retain all deposits received up to the amount of the cancellation fee and invoices will be issued for any further amounts outstanding.

·          Weather Cancellations; Cancellations made by the operator due to cyclonic or equivalent weather will entitle the customer to a full refund of the Fare Price.  Please note that if the customer made the booking for travel through a booking agent all refunds of deposits and booking fees are to be obtained directly from the booking agent.  Such booking agent may at their discretion retain booking fee less than or equal to 100% price.

·          Other Cancellations; Cancellations may be made at the Operators discretion due to mechanical breakdowns which may result in the vessel being unable to operate.  If this occurs the customer will receive a full refund of Fare Price.  Please note that if the customer made the booking for travel through a booking agent all refunds of deposits and booking fees are to be obtained directly from the booking agent.   Such booking agent may at their discretion retain booking fee less than or equal to 100% of price.

·          Failure to Board; It is the passenger’s responsibility to ensure that they arrive on time for the departure of the vessel.  Failure to do so will mean that the passenger forfeits the full fare price to the operator.

 11.      Travel Insurance:  Please note it is the responsibility of the traveller to arrange comprehensive travel, medical and cancellation insurance at time of booking.  In the instance of a medical emergency clients must bear the cost of any medical or rescue service required.  Kimberley Pearl Charters will require travel insurance details and contact numbers prior to boarding.

   12.     Safety Requirements for Travel: Due to the nature of adventure travel some activities or situations require a range of mobility, may cause a degree of discomfort or pose a hazard to guests.  As such it is incumbent on each guest to understand and accept that risks may be involved as part of the adventure provided.  Guests will have activities explained prior to departure from vessel and should individuals opt out alternative activities will be provided if the situation permits.  The operator and its crew are diligent in their provision of care and risk management.



 


12. cont.
            Disabled Passengers;
The operator recommends that disabled persons seek medical advice before participating.  Crew will be on hand to assist those who require support however disabled passengers cruising with Kimberley Pearl Charters do so at their own risk and the Operator accepts no liability for any damage or injury caused.  Please contact the operator prior to departure so that options can be discussed and suitable arrangements can be made.

           Pregnant Persons;

Pregnant persons cruising with Kimberley Pearl Charters do so at their own risk and the operator accepts no liability for any damage or injury caused.

·          Intoxicated Persons; The operator does not condone excessive drinking and no intoxicated person will be allowed to embark the vessel.  Likewise if deemed a safety risk by the Captain intoxicated person/s will not be allowed to participate in arranged activities in order to maintain their safety as well as that of other guests and crew.

·          Recreational Drugs; The use and/or carriage of recreational drugs is not permitted aboard Kimberley Pearl Charters.

·          Smoking; Smoking is strictly prohibited inside the vessel.  Smoke alarms are fitted throughout the vessel.  No butts are to be disposed of overboard, please place butts in designated buns.  Please be mindful of the comfort of other guests when smoking.

·          Prescription Medicines; Guests are asked to ensure they travel with surplus supplies of any prescription medication they may be taking.  We ask that individuals notify the operator directly detailing medicines and medical conditions on booking form, or via the Charter Party information form.

13.     Disclaimer: All passengers participate in this cruise at their own risk.  The operator does not accept any liability for any loss, claim, injury or any direct, indirect, incidental, special or consequential damage which may arise out of or is in any way connected with the participation in a cruise.

·          Under no circumstances shall the Operator be liable for any loss, claim, or any direct, indirect, incidental, special or consequential damages (including but not limited to lost profits or savings) which arises out of or is in any way connected with the use of any information, any listing of any data on the Operator’s website or any delay inability to use this website whether based on tort, contract, strict liability or otherwise.

 14.      Marine Insurance: Kimberley Pearl Charters carry full insurance and public liability.  Dalumba Bay charter vessel, survey number MH 932.

 15.      No Warranty:  The operator does not warrant accuracy, completeness, suitability or reliability of any information, service or product listed on the Operator’s website.

16.      Minimum Age Requirement:  There is no minimum age requirement for children to board Kimberley Pearl.  Children are the responsibility of their parents at all times/.  The captain and other crew members are not responsible for the care or safety.  Life jackets are available on board for children and adults alike.  Adult prices will apply from 12 upwards.

 17.      Times & Duration: May vary slightly at the Captain’s discretion as a result of sea, tidal and weather conditions.

 18.      Charter Embarkment & Disembarkment:  Times are arranged at time of booking.

·          Day Charters; Passengers are to be at pickup location no later than 15 minutes prior to nominated departure time.

·          Extended Cruise Itineraries; Passengers are recommended to arrive at least one day prior for morning cruise departure.  Passengers wishing to depart the same day of disembarkation are recommended to book a late afternoon/evening flight to allow for any delays. Due to tides and any unforeseen circumstances which could arise, Kimberley Pearl Charters would recommend accommodation in destination one night prior and post cruise dates.

  19.      Personal Items: All personal items are carried at the risk of the Passenger.

  20.      Jurisdiction: The laws of Western Australia apply in relation to these Terms and Conditions and the Operator’s business.

  21.      Third Party Websites: This website may contain links to other websites maintained by third parties.  The operator is not responsible for and does not operate or control any information or services provided on such third party websites.  The links are provided solely for convenience and do not constitute an endorsement by the Operator.

  22.      Condition Changes: The Operator reserves the right to amend the Terms and Conditions contained herein at any time.  Visitors to the site shall be responsible for reviewing such terms and conditions regularly.

23.      Copyright: The compilation of the information contained therein is the copyrighted word of the Operator and may not be modified, copied, distributed, transmitted, displayed, reproduced, published, licensed, used to create derivative works from, transferred, or any information, services or products obtained from the website sold without the express written consent of the operator and where necessary other information providers.  The Operator consents to Travel Agents selling the Operator’s products, to use the material in their promotion of Australia by downloading from this website.  Product and company names mentioned herein may be the trademarks or registered trademarks of their respective owners.