For
your comfort it may be necessary to
amend itineraries or arrangements due
to weather or other operational needs.
Captain Cook Cruises reserves the right
to vary fares, cabin allocation, itineraries,
vessels, schedules and conditions of
cruise without notice.
Please carefully read the terms of
this Cruise Contract. The terms are an
integral part of the contract between
passengers and the Company. In accepting
this contract, it will be deemed at all
times that you have read and understood
the conditions hereof, and you agree
to the terms herein contained Attention
is particularly drawn to the Company's
right to exemption and limitation of
liability.
Upon payment of the fare for the
agreed cruise described on the passenger
ticket and the Company's brochure and
subject to the other terms of this contract,
Captain Cook Cruises agrees to accept
the passenger or passengers named in
the passenger ticket.
(a) "Passenger” means anyone
buying the passenger ticket or using
it as a passenger or anyone named on
the ticket. (b) "Carrier" includes
the Company and the vessel named on the
passenger ticket, her owners, charterers
and operators, any substituted or connecting
vessel and all launches and vehicles
belonging to the vessel or owners or
operated by any of the above. The Company
is not a common carrier (c) "Sea" means
the waterways of the Great Barrier Reef,
Murray River, Fijian Islands, Sydney
Harbour or such other places as the Carrier
may from time to time select. (d) "Sailing" shall
mean and include the time the passenger
embarks on his/her cruise until the cruise
is completed.
(a) Your authority to agree. In
buying the passenger ticket you state
that you are authorised by or on behalf
of any passenger listed on the ticket
(including any minor) to agree to all
the terms of this contract. (b) No
transfer This contract is
between the Carrier and the passenger
It cannot be sold, assigned or transferred
to any other person without prior express
written consent of the Carrier (c) No
third party responsibility. This contract
is only with the Carrier. No other person
or Company shall be responsible in any
way to the passenger. (d) Limitations
apply if third party is held responsible.
However if any other person or Company
is held responsible, all benefits, limitations,
exemptions from liability, defences and
immunities referred to in this contract
or under law or treaty or from any other
source apply to such persons or Company
and their vessels, agents, servants and
employees. (e) Contract continues. This
contract remains in effect for all periods
when the Carrier is under any responsibility
to the passenger or the passenger's property.
(f) No oral changes. No addition, variations,
or waiver of any of the printed terms of
the contract can be effective unless
it is expressed in writing and signed
by the Carrier or its Authorised Agent.
Any changes must refer to the passenger
and ticket Number Any waiver by the Carrier
of any of its rights under this contract,
or failure to assert or enforce such
right, cannot affect any other rights
of the Carder It will not affect even
the same right if and when the Carrier
may decide to apply that right. (g) Invalid
terms or applications do not affect remainder
If any term of this contract or any application
are found invalid or unenforceable, this
contract shall continue in full force
and effect for all other purposes.
(a) Payment of fare. The fare agreed
between the passenger and the Carrier
shall be payable as follows: (i) Two
hundred dollars (Australian) deposit
at the time of booking; (ii) Balance
of fare at least sixty days prior to sailing
date. (b) Increases. The validity of
fares are detailed in the Company's brochure.
(c) What is covered. The fare as agreed
shall include cruise passage, food and
accommodation while onboard. The fare
does not include Gratuities, Drinks,
Wines, Liquors, Gift Shop purchases,
Shore excursions, Miscellaneous extras
or other personal needs, or medical care. Payment for
all additional goods and services
must be made in cash or by credit
card upon demand by the Carrier prior
to the passenger's disembarkation
Be
advised – A fuel surcharge
applies to all bookings travelling
after the 1st May 2005. AUD $10.00
per person for cruises up to and
including 2 nights duration, and
AUD $25.00 per person for cruises
greater than 2 nights duration.
NOTE: The fuel surcharge is added to your room account and is settled at the
end of the cruise. It can not be prepaid.
(a) Unauthorised disembarkation. If the passenger interrupts
the cruise and disembarks at an intermediate port or place
without prior agreement or the written approval or permission
of the Carrier, its servants or agents, the passenger does
so at the passenger's own risk and expense. No refunds will
be made in such cases. (b) Failure to make sailing. If the
passenger misses any sailing of the vessel from any port,
the Carrier shall not be liable for any costs, expenses
or damages incurred by the passenger as a result thereof.
(a) Adherence to rules. All passengers must abide by all
rules and regulations of this contract. Any questions a passenger
may have shall be directed to the Carrier's General Agent or
to the master onboard the vessel or his representatives. (b)
Accommodation. Accommodation shall be designated by the Carrier,
his servants or agents and shall be paid for at the regular
rate for such accommodation. (c) Involuntary disembarkation
of passenger The Carrier may refuse to transport and may disembark
any passenger at port at any time, due to illness, disease,
injury, mental problems, vulgar or improper conduct, abuse
of alcohol or drugs, refusal to obey regulations, or whose
presence in the opinion of the master may be detrimental to
the comfort or safety of other passengers, the vessel or the
crew. The Carrier shall not be liable for any expenses incurred
in declining to carry a passenger or for the involuntary disembarkation
of a passenger (d) No pets. Pets and other animals are not
allowed on the vessel.
(a) Passenger is fit for the cruise. The passenger warrants
that be or she is physically fit and capable of undertaking
the agreed cruise. The Carrier in its sole discretion may require
a Doctor's Certificate from any passenger in that regard.
A certificate of Fitness to Travel is required from all passengers
over 70 years of age. (b) Consent to treatment. If, in the
opinion of the Carrier, a passenger is in need of medical assistance
and is unable to request it, the passenger hereby consents
to the Carrier making such medical arrangements as it deems
necessary, at the cost of the passenger (c) Passenger's obligation to
report medical conditions. The passenger must report
any pre-existing illness, disability or pregnancy or any other
conditions for which the passenger may require medical attention
during the course of the voyage to the Carrier or its General
Agent before the passenger ticket is issued. If any such condition
arises after the ticket is issued it must be reported to the
Carrier, its servants or agents before boarding or as soon
as such illness or disability is known. Failure to report
any such condition shall completely absolve the Carrier,
its servants or agents from all or any liability in respect
of such condition. (d) Lack of obligation to examine passenger
The Carrier does not have any obligation to examine any passenger
prior to boarding or sailing for any purpose, and the Carrier
relies entirely on the passenger's warranty as to fitness herein
before referred to (e) Refusal of passage. The Carrier reserves
the right to refuse passage to a passenger who has failed to
give proper notice of physical disability, illness or handicap
requiring special care, attention or treatment or who in the
Carrier's opinion is physically or mentally unfit for travel.
In such event the fare will be refunded at the sole discretion
of the Carrier, and the Carrier shall be entitled to deduct
any expenses associated therewith. (f) Treatment at passenger's
risk. Subject to the foregoing, any medicines, surgical attendance
or medical treatment furnished by a qualified Doctor or Medical
service personnel (all of whom are engaged as independent contractors)
designated by the Carrier or the ship's officers or other servants
of the Carrier, shall be and are accepted at the passenger's
sole risk, and the Carrier shall not be responsible for the
quality, nature or consequence thereof.
(a) Changes in vessels. The Carrier may at any time, without
notice, cancel or change the date of sailing, or substitute
vessels. The passenger shall have no claim against the Carrier
by reason of any cancellation, change or delay of sailing or
arrival, for hotel or board bills, travelling expenses or other
loss, delay, inconvenience or expense whatsoever. The Carrier
will refund the fare paid if and only if the passenger does
not subsequently take passage on the delayed vessel or any
substituted vessel of the Carries The provision of this section
may only be waived by the Carrier (b) Approximate schedules.
Sailing schedules and times of arrival and departure may be
altered at the discretion of the ship's master or Carrier due
to unforeseen circumstances. Any costs of food
and accommodation ashore are the sole responsibility of the
passenger (c) Deviations. The vessel and her master shall have
the liberty to; without pilots, *tow and assist vessels, including
those of the carrier in all situations, *deviate from the usual,
advertised or scheduled route, * put back to or into, or to
call or stop, or omit to call or stop at any port or place,
on land or at sea in or out of the route of the usual, advertised
or scheduled voyage, even though doing so may involve going
backwards or away from the port of destination. These things
may be done for any reasons which are sufficient in the judgement
of the Carrier or the master, including but not limited to,
offering or rendering assistance in every effort to preserve
life or property. (d) Government and underwriters' orders.
The vessel and the master shall have liberty to comply with
all orders given by competent governmental authorities and
the underwriters of the vessel and the Carrier. (e) Interruption
of voyage, (i) Acts of God etc. If the vessels' voyage is interrupted
or if the vessel is unduly delayed or prevented from proceeding
in the ordinary course by - *acts of God, *perils of the sea,
harbours, rivers or other navigable waters, *act of government
or ruling authority, *epidemics, · collision, *stranding,
*fire, *faults or errors of navigation or management of this
or any other vessel, *seizure of the vessel under legal process,
*any abrupt or unexpected increase in the cost of fuel or shortage
of fuel, *war, *hostilities, *riots, · strikes or labour stoppages,
or *any other cause or circumstance beyond the Carrier's responsibility
and control. The Carrier shall have the right to terminate
the vessel's voyage at any time without notice and for any
reason whatsoever, In that event the Carrier may (at its absolute
discretion, of which it shall be the sole judge refund such
proportionate part of the fare. (f) Indemnity by passenger.
The Carrier shall have the right to be indemnified by the passenger
for all penalties, fines, charges, losses and expenses imposed
upon or incurred by the Carrier or the vessel because of the
passenger, or a minor or any other person in the passenger's
care.
(a) Baggage means only trunks, handbags, valise, satchels
and bundles, containing wearing apparel and personal effects.
(b) Limitation of shipments and liability. The Carrier does not undertake to
carry as baggage any merchandise, samples, furniture, household
goods, tools of trade, property belonging to any person other
than the passenger, pictures, perishable goods, glassware,
liquids, bric-a-brae, money, documents or valuables. The passenger
states no such articles are or will be contained in any receptacle
or container presented as baggage. (c) If any such baggage
or articles as referred to in (a) and (b) above are shipped
by the passenger as baggage, the Carrier shall have no liability
as bailee or carrier or in any other capacity, either for negligence
or otherwise. (d) Allowable weight or cubage. Each passenger
is allowed free transportation of hand baggage not exceeding
0.5 cubic metres in volume. Each additional piece will be charged
for at the Carrier's current rate. (e) Marking of baggage. Each piece of
baggage shall be marked with the full name and address
of the passenger The Carrier shall not be liable for loss,
damage or delay resulting from the passenger's failure to mark
each piece of baggage plainly as directed. (f) Hazardous items.
The passenger shall not place in baggage firearms, inflammable
matter of any kind such as matches, gunpowder, cartridges,
films etc. Such articles may be thrown overboard or destroyed
at any time without liability. Should loss, damage or delay
to the vessel, or her cargo, or to any of the passengers, the
crew, or other persons onboard, be caused by dangerous articles
brought by the Passenger, the passenger shall be liable for
the full amount of all resulting damage. (g) Forbidden items.
The passenger shall not bring onboard articles, the importation
or exportation of which may be forbidden or which do not conform
to the customs or police regulations and the laws of Australia
and Fiji. Should this rule be violated, the passenger shall
be held liable for all resulting fines, losses, damages or
delays. (h) Liquor State liquor laws prohibit passengers from
bringing supplies of liquor onboard the vessel, (i) Unclaimed
baggage. Baggage remaining unclaimed on arrival of the vessel
will be stored at the passenger's sole risk and expense. (j)
Valuables. The Carrier is not responsible for money, jewellery,
documents and any other valuables which passengers keep
on their persons, in their cabins or in their baggage. (k)
Insurance by passenger The passenger is strongly recommended
to obtain adequate insurance to cover his/her baggage and personal
effects and all other risks.
(a) No liability for certain events. The Carrier and the
vessel shall not be liable for loss, death, or delay of, or
injury to, any passenger or loss or damage or delay to his
baggage, personal effects or other property, arising from:
*acts of God, *public enemy, *government restraint, *riots,
*strikes, *lockouts, *labour troubles, whoever may be the instigators
thereof, *epidemic, *civil disturbances of whatever nature,
*perils of the sea, harbours, rivers, or other navigable waters,
*fuel shortages or abrupt and unexpected increase in fuel costs
.*collision, *stranding, *fire, *theft, barratry, or
any other crime by any person, *faults or errors of navigation
or management of this or any other vessel, *explosions, *breakage
of shafts or any defect or unseaworthiness in hull, machinery
or appurtenances, equipment, furnishings or supplies of the
vessel or launches or vehicles or any defect of the Carrier's
premises, at whatever time existing, *fault or neglect of pilots,
tugs, regular members of the crew, agents, servants, independent
contractors, *as particularly provided in Section 9 above,
for the quality, nature or consequences of medical or surgical
treatment, *any loss, damage or delay arising from inherent
defect, quality or vice of the passenger's baggage or personal
effects or from the insufficiency, inadequacy or absence of
baggage marks or of address or description of such baggage
or effects. *Any loss or damage caused by delay in, or prevention
of sailing, prolongation of the voyage, deviation or stoppage
in transit, or from any calls at ports or departures from the
regular course of the voyage permitted by the contract, *seizure
of the vessel under legal process, *any act, omission, fault
or negligence of this or any other passenger, *any other cause
or circumstance beyond the control of the Carrier, whether
or not of the kinds listed here. (b) Limitation} on
Carrier's liability with respect to baggage and personal property.
This liability shall not exceed one hundred Australian Dollars
in the event of loss, damage or delay to any of the passenger's
baggage or other property taken with him/her on the voyage.
Whilst all care is taken, no responsibility/liability
whatsoever is borne or accepted by the
Company for any other operator that is
included, for any reason, as part of
a package holiday, or conference or meeting
within the Company's Ship. The passenger
agrees that any independent contractors
with whom the Company so contracts provide
their services subject to their usual
terms and conditions.
