TERMS & CONDITIONS
1. Operator: Means Lugger Enterprises PTY LTD ABN 13603204388 trading as Kimberley Pearl Charters of P.O. Box 281 North Fremantle 6159
2. Booking Conditions: A completed booking form and a non-refundable 25% deposit are required within seven (7) days of making the booking to confirm your reservation. Failure to make a deposit as per the Invoice issued at the time of booking shall entitle Kimberley Pearl Charters to cancel a booking.
Final Payment: Final payment is due in full no later than sixty (60) days prior to the departure date. Failure to pay the final payment by the due date will result in the cancellation of the booking and forfeit of deposit.
Cancellation & Refund Policy: The 25% deposit is non-refundable. Cancellation within sixty (60) days of departure will forfeit the total amount paid. A full or partial refund of the deposit and other payments may be issued if a fully paid passenger fills the resultant vacancy but conditions do apply.
Cruise Changes, Delays or Cancellations: If your cruise is suspended due to Government restrictions, Native Title Access or Force Majeure, Kimberley Pearl Charters will defer your cruise to an alternative date with no increase in costs for a period of 12 months. The non-refundable 25% deposit will be retained to secure your booking. If a suitable date is not acceptable within the 12 month period, Kimberley Pearl Charters will provide a credit voucher to be used at a later date suitable. Alternatively, if you wish to cancel and do not want to defer your cruise, Kimberley Pearl Charters will retain 50% of the value of the deposit payment to cover administration and operational costs with the balance refunded.
Credit Card Payments: Payment made by Visa or Mastercard will incur a 1.5% surcharge.
Native Title Access Fees: Permits are applicable for all guests. The cost for this will be advised at the beginning of the season and added to the invoice accordingly.
· of the monies paid by the guest.
If you or anyone travelling with you wishes to cancel your/their charter, you must immediately give written notice to the operator, or your travel agent so that your agent can give us notice of the cancellation on your behalf.
If you made your booking through a booking or travel agent, all refunds of deposits and booking fees (if any) are to be obtained directly from the booking or travel agent. Such booking or travel agent may at their discretion retain a booking fee.
The operator is not liable or responsible for any expenses, costs or loss incurred due to any cancellations made by you or the operator other than those expressly provided for in these terms & conditions.
· Cancellations by you:
Where you cancel your charter for any reason, more than sixty (60) days prior to the date of departure, you will forfeit all of your deposit.
Cancellation within 60 days prior to date of departure forfeits all monies paid to the operator.
Subject to availability, and at the absolute discretion of the operator:
(a) some or all monies forfeited may be used as payment for a future booking with the operator.
(b) some or all monies forfeited may be refunded if a fully paid guest fills the resultant vacancy, subject to the replacement guest being acceptable to the operator and agreeing to these terms and conditions.
· Cancellations by the operator:
If your charter cannot depart as scheduled, subject to availability, the operator will use best endeavours to arrange a convenient alternative departure date.
If the operator cancels your charter you will receive a full refund of monies paid to the operator less any reasonable expense already incurred by the operator.
For the purposes of this paragraph, any changes made to a charter in accordance with paragraph 10 of these terms & conditions, is not and shall not be deemed to be a cancellation of the charter.
· Failure to Board: It is the guest’s responsibility to ensure that they arrive on time for the departure of the vessel. Failure to do so will mean that the guest forfeits all monies paid for the charter to the operator.
4. Travel Insurance: Travel insurance with the inclusion of medivac is compulsory unless a waiver has been signed. It is the responsibility of the guest to arrange and pay for comprehensive travel insurance, that includes coverage for all costs associated with the guest’s booking and charter, including but not limited to medical expenses, loss of luggage, loss during the charter and on land, airfare and accommodations charges and any other loss or expenses that may be occurred due to cancellation, delay or impossibility of performance.
The operator reserves the right to:
· request confirmation that the guest has travel insurance;
· request a copy of a certificate of currency for the travel insurance; and
· refuse passage to any guest that has not obtained travel insurance and in such circumstances the guest shall forfeit all monies paid to the operator for the charter.
In the instance of a medical emergency guests are liable for and must bear the cost of any medical or rescue service required.
5. 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, acknowledge and accept that risks may be involved as part of the adventure provided. Guests will have activities explained prior to the commencement of the activity and should guests not participate, alternative activities may be provided if the circumstances permit.
· Disabled Passengers; The operator recommends that guests with any disabilities seek medical advice before participating in the charter, or any activity whilst on the charter. Crew will be on hand to assist those who require support however guests with a disability undertake the charter and any relevant activity with Kimberley Pearl Charters at their own risk and the operator accepts no liability for any damage, loss or injury to the guest. Please contact the operator prior to departure so that options can be discussed and arrangements made to assist to accommodate any disability.
· Pregnant Persons; Pregnant guests cruising with Kimberley Pearl Charters do so at their own risk and the operator accepts no liability for any damage or injury caused to the guest or unborn child.
· Intoxicated Persons; The operator does not condone excessive drinking and no intoxicated person will be allowed to embark the vessel. The operator or Captain of the vessel shall have the sole discretion to determine whether any particular guest is intoxicated. If deemed a safety risk by the Captain intoxicated person/s will not be allowed to participate in arranged activities so as to maintain their safety as well as that of other guests and crew.
· Recreational and illegal Drugs; The use and/or carriage of recreational and illegal drugs is not permitted aboard Kimberley Pearl Charters. The operator reserves the right to refuse any such guest to embark the vessel or to participate in any arranged activity.
· 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 bins. 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 guests notify the operator directly detailing medicines and medical conditions on booking form, or via the Charter Party information form.
· All guests participate in a charter 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 or loss which may arise out of or is in any way connected with the participation in a charter.
· 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) or loss 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 the website whether based on tort, contract, strict liability or otherwise.
7. Marine Insurance: Kimberley Pearl Charters carry full insurance and public liability. Kimberley Pearl charter vessel, survey number MH 932.
8. No Warranty: The operator does not warrant accuracy, completeness, suitability or reliability of any information, service or product advertised or otherwise listed on the operator’s website.
9. Minimum Age Requirement: There is no minimum age requirement for people to board a charter. Children are always the responsibility of their parents, guardian or any adult otherwise travelling with the child, at all times. The captain and other crew members are not responsible for the care or safety of children. Life jackets are available on board for children and adults alike.
10. Times & Duration: Charter time and duration may vary at the Captain’s or operator’s discretion as a result of sea, tidal and weather conditions.
Further and without limitation to the above, the operator reserves the right to make changes to bookings and the guest’s itinerary, from time to time, at its absolute discretion, including but not limited to:
· a change of scheduled outward departure time or location;
· a change of scheduled arrival time or location;
· a delay of your cruise; and / or
· a change of your itinerary, including the omission of one or more destinations.
The operator will use its best endeavours to notify you of any itinerary changes prior to departure. The operator is not liable or responsible for any expenses, costs or loss incurred due to any changes made by the operator to your booking and itinerary, including but not limited to those listed above.
11. Kimberley Pearl Photo’s & Footage: Please note during the duration of the charter crew will be taking photos and footage of the charter for promotional purposes. Please advise if you do not wish for photos or footage of yourself to be shared on our website or other forms of media.
12. Charter Embarkment & Disembarkment: Times are arranged at time of booking.
· Kimberley Charters; Guests are recommended to arrive at least one day prior to charter departure as collections from nominated accommodation will be early in the morning. Guests 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 charter dates.
13. Personal Items: All personal items of a guest are carried on the charter at the risk of the guest and the operator shall not be liable or responsible for any loss or damage to such items.
14. Jurisdiction: The laws of Western Australia apply in relation to these terms & conditions.
15. Third Party Websites: The operator’s 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. The operator shall not be liable for, either directly or indirectly, any loss or damage arising to a guest relating to such websites.
16. Condition Changes: The operator reserves the right to amend these terms & conditions contained herein at any time. the operator shall provide notice of such changes to any guest that has a current booking..
17. Copyright: The compilation of the information contained herein is the copyrighted work 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 the operator’s website. Product and company names mentioned herein may be the trademarks or registered trademarks of their respective owners. The operator shall not be liable for, either directly or indirectly, any loss or damage arising to a guest where a charter is booked through a travel agent.
18. Force majeure: If any Force Majeure Event results in the operator being prevented from, or delayed in, performing any of its obligations to you, including pursuant to its terms and conditions:
· Then such a delay or prevention of performance shall not be deemed to be a breach of its terms and conditions;
· no loss or damage shall be claimed by you from Kimberley Pearl Charters by reason thereof; and
· the operator shall use its best endeavours to minimise and reduce any period of suspension occasioned by any Force Majeure Event.
For the purposes of these terms & conditions, "Force Majeure Event" means any act of God, war, terrorism, fire, flood or any other extreme weather conditions, loss of power, epidemics or pandemics, industrial disputes, slow-downs or other strike activities, riots or civil unrest, acts of government, semi government or other authorities, state and or federal government restrictions, including but not limited to restrictions on travel and gatherings, inability to obtain any necessary licence or consent and delays caused by sub-contractors, suppliers or other third parties (including telecommunications carriers), material shortages or other disruption to Kimberley Pearl Charters services beyond its control.