Terms and Conditions | Cavalier Cruises

TERMS & CONDITIONS – CAVALIER CRUISES

Agreement Definitions:

These definitions clarify key terms used within the agreement between the Booker and Cavalier Cruises:

The website: Refers to the official website of Cavalier Cruise, accessible at cavaliercruises.com.au.
The Booker: Refers to the client who is making the payment for the ticketed booking.
The Booking Group: Encompasses all passengers participating in the charter or event.
Booking: Describes the details of the event provided in the order confirmation email sent to the Booker. It includes the date, time, and location of departure, as well as contact details for the event booked.
Master: Refers to the qualified individual who is in charge of Crusader 1, our vessel.

Agreement:

An agreement is established between the Booker and Cavalier Cruises when the Booker completes a booking transaction on the cavaliercruises.com.au website. By ticking the checkbox to agree to the terms during checkout, the Booker acknowledges and accepts all the terms and conditions outlined in the agreement.

Phone bookings will receive a confirmation via email of their booking stating that they have agreed to the terms and conditions in this document.

General Terms:

All ticket sales are final, and no further discounts will be applied once a booking has been made. Refunds will not be given if a reduced price is found after the booking has been processed.
Bookings are mandatory. “Walk-ons” are not permitted.
Group Definitions: Groups consist of 2 or more passengers, while large groups consist of 7 or more passengers.
Full Vessel Bookings: Occur when a group purchases the entire vessel exclusively for their use.
Privacy: Passenger information will only be shared with Queensland Health and AMSA upon their request.
Refusal of Form Completion: Passengers who refuse to complete the Release of Liability/Assumption of Risk form will be denied admission to the activity, and no refunds will be provided.
Check-In Requirements: Proper completion of the form is required for departure.

Medical Conditions: Passengers with mobility or health problems must inform the operator when booking.
Age Restrictions: Adults are responsible for minors under their supervision.

Refusal of Passengers: The company retains the right to refuse any passenger for any reason.
Prohibited Substances: Drugs, cigarettes (or other smoking options) or other illegal substances are not allowed on the vessel. No alcohol is permitted to be brought aboard by passengers.
Boarding Time: Passengers must arrive at the departure location at least 20 – 30 minutes prior to boarding. The cruise will depart on time in the case of public cruises.
Early Departure or Delays: Delays – Public cruises - caused by late arrivals may result in passengers missing departure. Public Cruises – late arrivals will experience delays in departure and shortened cruises.
Departure Changes: The company may alter departure times and points as necessary.
Changes to Services: The company reserves the right to change routes, prices, and departure times without notice.
Weather Conditions: Trips may change or be cancelled due to weather conditions, with the sole determination made by Cavalier Cruises.
Specific Event Policies: For events such as Christmas Lights cruises and New Year's Eve cruises, additional conditions may apply, such as stricter cancellation policies.
Updates: All details are accurate at the time of publishing but are subject to change without notice.

All cruises are subject to minimum passenger numbers to prevent overcrowding. Entry to the vessel is on a “first-come, first-served” basis, and specific seats are not able to be reserved.
The Company reserves the right to inspect bags at any time for security purposes.

Payment Terms:

Booking Confirmation: Payment, either a deposit or in full, confirms a booking and acceptance of the terms and conditions by the payer.
Currency and Taxes: All prices are in Australian Dollars and include GST.
Payment Methods: Payments are accepted via credit card or EFT (Electronic Funds Transfer), with the total amount required to secure the booking. (This does not apply for private boat bookings)
Direct Deposit: Payments by direct deposit must be completed at least 2-3 weeks prior to departure.
Private Bookings - Full payment is required two weeks prior to the event
Damage to property - Costs for any damage caused by anyone within the Booking Group will be paid by the Booker

Minimum Passenger Requirements:

A group may have less guests than the required minimum passenger requirements but payment for the minimum number is required to proceed.

Party Cruise: A minimum of 15 full fare, non-commissioned passengers are required for the cruise to proceed.
Whale Watching Tour: A minimum of 10 full fare, non-commissioned passengers are required for the tour to proceed.
Christmas Lights Cruise: A minimum of 25 full fare, non-commissioned passengers are required for the cruise to proceed.

These minimum passenger numbers ensure that each tour has enough participants to proceed as planned. If the minimum number of passengers is not met, the tour may be subject to cancellation or rescheduling.

Cancellation By Cavalier Cruises:

Cavalier Cruises reserves the right to cancel and reschedule events for weather, safety, vessel inoperability or any other reason at the master’s discretion. In this unlikely event Cavalier Cruises reserves the right to substitute a suitable alternative vessel or an alternative charter date suitable to both parties.

Cruises are always subject to minimum passenger numbers and as such may be cancelled or have schedule changes (with or without notice) for a variety of reasons, including, but not limited to bad weather conditions or technical disruptions. Cavalier Cruises will not be responsible for paying costs or expenses you may incur as a result of change of time or cancellation.

In the above cases, you can reschedule the trip at the time of cancellation, or a full refund will be provided.

Any cancellations will be communicated as soon as the decision to cancel has been issued. Please always keep your mobile and email access available to ensure prompt receipt of such communications.

Cancellation & Refund Terms:

Your booking is accepted in good faith. As soon as we receive your deposit this date and time will be reserved exclusively for you, at which time we will decline any other booking requests.

If you wish to cancel the booking, please note the following penalties apply;

Cancellation Penalties:
- > 90 days: 10% of charter cost retained, remainder refunded.
- 61-90 days: 20% of charter cost retained; 12.5% credited for rescheduling.
- 31-60 days: 30% of charter cost retained; 25% credited for rescheduling.
- 15-30 days: 50% of charter cost retained; 25% credited for rescheduling.
- 8-14 days: 75% of charter cost retained; 25% credited for rescheduling.
- 0-7 days: 100% of charter cost retained; no refund.
Refunds Eligibility:
- Refunds provided for cancellations by the company or with sufficient notice.
Non-Valid Reasons for Refunds:
- Sea-sickness, shortened trips due to weather, or not sighting whales are not valid reasons for refunds.
No Show Policy:
- Refunds will not be considered for passengers who miss tour departure times.
Third Party Bookings:
- All Refunds for bookings made through third parties must be requested via the applicable third party.
Partial Refunds:
- Partial refunds or assistance may be provided for shortened activities due to unforeseen circumstances.
Non-Refundable Tickets:
- All tickets for activities deemed able to proceed are non-refundable.

Booking Payments:

Bookings must be paid in full at least 72 hours in advance .

December Cancellation Policy:
- No cancellations accepted from the 3rd week of November through December.
Gift Vouchers:
- Considered redeemed in full if not used within the valid time frame.
Same-Day Bookings:
- Non-refundable.

Dress Code:

Although there is no formal dress code for any particular trip, Cavalier Cruises recommends practicality and comfort while also being prepared for varying weather conditions and enjoying the marine environment:

Typically, dress codes for boat cruises can vary depending on the type of cruise and its theme. Here are some general guidelines that may apply:

Casual Attire: Cruises have a relaxed dress code, allowing passengers to wear casual clothing or dress to the occasion.
Footwear:.Shoes are not permitted onboard except for certain circumstances at the discretion of the company Shoes are to be removed just prior to boarding and stored ready for when you return. Any medical or injury reasons for having to wear shoes are to be discussed with the crew prior to boarding.
Accessories: Consider bringing polarized sunglasses to enhance visibility when spotting whales or enjoying the ocean views.
Variety of Spaces aboard: The vessel offers open-air, protected, and enclosed areas, as well as fully exposed locations. There is no air conditioning for any location. Cavalier Cruises recommends you dress comfortably for general outdoor conditions.
Weather Considerations: It's also important to consider the weather and location of the cruise. For cruises in cooler weather or during the evening, passengers may want to bring layers or jackets to stay comfortable.
Exclusions: Please avoid clothing with offensive slogans or language.

Conduct:

We reserve the right to refuse service or remove passengers from our tours if they engage in disruptive or inappropriate behaviour.
Passengers are expected to respect the marine environment and local communities visited during our tours.

Safety and Liability:

The safety of our passengers is our top priority. Passengers agree to listen to the safety briefing, act responsibly and not cause damage to Cavalier Cruises.
Passengers must comply with all safety instructions provided by our Master and crew.
We do not accept liability for any loss, damage, injury, or death resulting from participation in our tours, except where it is caused by our negligence.
Passengers participate in our tours at their own risk and are responsible for their personal safety and belongings.

Smoking:

Cavalier Cruises has a strict NO SMOKING policy. There is no smoking once you enter the premises from which the vessel operates, on the pontoon or aboard the vessel itself. Vaping is also not permitted on public cruises but is permitted when booking a private cruise provided it does not interfere with our crew of vessel.

Photography and Media:

By participating in our tours, passengers’ consent to the use of their likeness in photographs or video recordings for promotional purposes.
Passengers who do not wish to be photographed or filmed should inform our crew in advance.
Photographs and videos will not be provided to passengers other than via our social media platforms.

Environmental Responsibility:

We are committed to minimizing our environmental impact and preserving marine ecosystems. Passengers are encouraged to follow sustainable practices during our tours.

Health and Medical Conditions:

Passengers with pre-existing medical conditions or physical limitations must inform us at the time of booking.

Itinerary Changes:

The Booker acknowledges that the Master of the vessel has sole discretion to take any action necessary to protect and maintain the safety, welfare, and good order of the vessel. This emphasizes the authority of the Master in ensuring the safety and wellbeing of everyone onboard.
We reserve the right to alter itineraries, routes, or schedules without prior notice due to weather conditions, safety concerns, or other unforeseen circumstances.
In the event of itinerary changes, we will make reasonable efforts to provide alternative arrangements or compensation.

Terms Specific to Private Cruises:

Minimum Passenger Requirement:

Private cruises require payment for a minimum of 15 passengers.

Guest Behaviour Policy: Any passengers engaging in the following behaviours will be reported to the Australian Maritime Safety Authority (AMSA) and/or Queensland Police Service (QPS):

Drug Use: Consumption or possession of illicit drugs is strictly prohibited.
Unsafe Activities: Engaging in activities such as swinging from handrails, jumping off the vessel, or any other actions endangering oneself or others.
Public Urination: Urinating off the side of the vessel is not permitted.
Littering: Throwing debris or waste from the vessel into the water or onto land.
Disturbance: Yelling at patrons on docks or houses, causing disturbance to others.
Physical Altercations: Engaging in fighting or aggressive arguments with other guests or crew members.

Alcohol Policy:

Cavalier Cruises is a licensed venue, and we do not tolerate unduly intoxicated individuals. The following RSA (Responsible Service of Alcohol ) guidelines apply:

Boarding Restrictions: Passengers visibly intoxicated prior to boarding may be denied entry at the discretion of Cavalier Cruises staff.
On-Board Intoxication: If a passenger becomes unduly intoxicated while on board, the vessel may stop at the safest available pontoon and require disembarkation.
Alcohol Sales: Staff reserve the right to refuse sale of alcohol to any person already intoxicated or suspected of being intoxicated.
Alcohol Policy: No BYO alcohol is allowed onboard, and the cruise may be terminated if any alcohol is found.

RSA Compliance:

Responsible service of alcohol policies is enforced onboard, and patrons must adhere to these rules.

Responsibility and Communication:

The group organizer takes full responsibility for the booking, including financial arrangements.
Financial discussions will only be with the group organizer.

Bond Damage Waiver:

A refundable cash bond of $500.00 is required for all private cruises. This bond is to cover possible damage or excessive cleaning resulting from the cruise.

Safety Priority and Misbehaviour Reporting:

Safety of patrons, staff and vessel is the highest priority.
Any damage or misbehaviour will be reported to authorities, and the security deposit will be forfeited.

Cost Responsibility:

Costs associated with misbehaviour must be paid by the group organizer.

Berthing and Music:

The vessel may be berthed up to 10 minutes prior to the scheduled time, and music or entertainment may be ceased if necessary to avoid impact on patrons in the venue at Tank Bathhouse.

Decorations Policy:

All decorations and additional setups must be prearranged.

Decorations must be placed in a manner that prevents damage to the vessel.
Use of pins or adhesive tape that may cause damage is strictly prohibited.

Confetti and balloons are prohibited and should not be used as decorations.

Terms Specific to Whale Watching Charters:

Late Arrival Policy:

Passengers must arrive at the designated departure point 30 minutes prior to the scheduled cruise time. Cavalier Cruises is not liable for late passengers. Missed cruises will not be rescheduled to an alternate day. Refunds are not provided for missed cruises.

Customer Cancellation Policy:

No refunds are provided for change of mind or unforeseen circumstances. Passengers unable to attend their scheduled cruise can reschedule to an alternate day (subject to availability & appropriate notification) or transfer the booking to a family member or friend. Refunds are only issued if Cavalier Cruises cancels the cruise.

Cancellation Policy:

Whale watching excursions with Cavalier Cruises are subject to weather conditions. In the event of inclement weather, passengers will be notified via email and SMS of any trip cancellations. It is the responsibility of passengers to ensure their contact details are accurate and accessible.

Wild Animal Behaviour:

Cavalier Cruises respects the natural behaviours of wild animals encountered during tours. While every effort is made to provide an enriching experience, some whales may not engage in social interactions. We adhere to regulations and prioritize the safety and well-being of both passengers and wildlife.

Life Jackets for Children Under 3:

Cavalier Cruises does not provide compliant life jackets for children under the age of 3yrs. Customers must bring their own Personal Floatation Devices (PFDs) for children in this age group if they feel they wish to have their children fitted with a life jacket at all times.

Whale Sighting Guarantee:

While we strive for and generally achieve whale sightings on every trip, we cannot guarantee them. No refunds, discounts, or repeat trips are guaranteed in the event of non-sightings. Such offers are at the sole discretion of the business owners.

Inclement Weather Policy:

Cruises are subject to suitable weather conditions. Cavalier Cruises reserves the right to cancel any cruise and will notify passengers via email and SMS. In the event of cancellation due to inclement weather, passengers can reschedule to an alternate day (subject to availability) or receive a full refund. Refund requests must be made within 30 days of the original cruise date.

Motion Sickness:

Passengers with motion sickness concerns should address them before departure. Cavalier Cruises does not issue refunds or rebooking’s for seasickness. We recommend considering seasickness tablets well before your trip to minimize the risk of seasickness affecting your experience. Your well-being is important to us, and our crew will be available to assist you if you encounter any discomfort due to seasickness.

General Disclaimer:

All tours are subject to weather and minimum numbers and may be changed or cancelled without notice due to conditions on the day. Cavalier Cruises assumes no liability for such cancellations or alterations.

Terms Specific to New Year’s Eve & Christmas Cruises:

General Terms & Conditions:

All ticket sales are final, and no further discounts will be applied once a booking is made. Refunds will not be given if a reduced price is mentioned or found after the booking is processed.
All ticket sales must be confirmed with Cavalier Cruises via phone or email. Bookings are essential, and walk-ons are not permitted.
Cruises are subject to minimum passenger numbers.
All tickets purchased must be redeemed during the current year; extensions to the following year will not be permitted.
Neither Cavalier Cruises nor its employees shall be liable for any death or personal injury to passengers or any loss or damage to property, unless resulting from the negligence of the company or its employees.
Refund requests must be made within 30 days of the original cruise date, or the right to a refund will be forfeited.
Seats are not allocated and are based on a “First come, first served” basis on each cruise offered.

Late Arrival Policy:

All passengers must be at the designated departure point 30 minutes prior to the scheduled cruise time.
Cavalier Cruises is not liable for passengers being late.
No refunds will be provided for missed cruise times.

Inclement Weather Policy:

Cruises are subject to suitable weather conditions for passenger comfort and safety.
Cavalier Cruises reserves the right to cancel any cruise at any time and will notify passengers via email and SMS. Passengers are responsible for ensuring their contact details are accurate and they are contactable.
If a cruise is cancelled due to inclement weather, refund requests must be made within 30 days of the original cruise date, or the right to a refund will be forfeited.

Cancellation Policy:

No refunds will be provided for change of mind or unforeseen circumstances.
Refunds will not be issued if passengers are unable to attend their scheduled cruise for any reason.
All decisions regarding cancelled cruises will be made by the Operations Manager and are final.
Refunds will only be provided if Cavalier Cruises cancels the cruise.

Gift Vouchers/Certificates:

Refund Policy: Gift vouchers are not refundable once purchased nor can be redeemed for cash.
Validity: Standard vouchers are valid for 3 years, with extensions available for a fee. Non-standard vouchers have shorter validity periods and cannot be extended.
Price Differences: If the price of an activity increases, the user must pay the difference to utilize the voucher for that activity after the first 12 months of the gift voucher. Alternatively, the voucher can be used for a different activity of lesser value.
Voiding of Vouchers: Vouchers may be voided if the recipient fails to show up for a booking or shows up late.
Financial Discussions: Financial discussions regarding vouchers will only be held with the purchaser, not the recipient.
Transferability: Vouchers may be transferred to another person with the agreement of the company, and standard terms and conditions apply.

Protection of Personal Information: Personal information is collected, used, and stored securely for the purpose of providing services and improving them.
Consent for Disclosure: Personal information will not be disclosed without consent unless required by law or for service-related purposes.
Access to Information: Customers may request access to their personal information, which will be provided unless limited by law.

Wheelchair & Accessibility:

We regret to inform you that wheelchair access is not available on any of our tours. However, if a person using a wheelchair has some mobility to embark and disembark from the vessel, they must be able to move themselves or bring assistance. Our crew is unable to carry or assist passengers from their wheelchair due to safety considerations. We apologize for any inconvenience this may cause and appreciate your understanding. Please let us know if you require any further assistance or information.

Covid-19 Safety:

Cavalier Cruises takes COVID-19 safety seriously for your comfort and safety. If anyone in the Booking Group is unwell, have any COVID related symptoms or are waiting for the results of a COVID test, please stay home and arrange for an alternative date for the charter.

Disclaimer of Liability:

The company and its associated entities will not be held responsible for personal injuries, equipment loss or damage sustained during any activities, including boarding and disembarking vessels. Participants engage in activities at their own risk, and the company assumes no liability for accidents, injuries, or property damage.

Indemnity:

All passengers must complete a Release of Liability/Assumption of Risk form before departure, which includes components required by licensed liquor venues, as well as for passenger verification by AMSA.

The Booker (the person making the booking & their guests) agrees to indemnify and hold harmless Cavalier Cruises, its agents, employees, and subcontractors from any losses, claims, expenses, damages, etc., caused by negligent acts or omissions by the Booker or members of the Booking Group. This includes failing to follow directions, not complying with terms and conditions, engaging in unsafe behaviour, misusing equipment, intoxication, or drug use.

Assumption of Risk:

Participants acknowledge and accept there are risks and dangers onboard any vessel and associated with activities offered by the company and agree that neither the company nor its representatives will be held responsible for any accidents, injuries, losses, or damages incurred during the activities. All passengers in the Booking Group participate in the event at their own risk.

Jurisdiction:

The laws of Queensland govern this agreement and the parties agree to submit to the jurisdiction of the Courts of Queensland in respect of any disputes arising between them.

Amendments:

We reserve the right to amend these terms and conditions at any time. Any changes will be effective immediately upon posting on our website or other official channels.

By using our services, you acknowledge that you have read, understood, and agree to these terms and conditions. If you have any questions or concerns, please contact us before proceeding with your booking.

Acceptance:

By completing the website checkout, checking the acceptance of terms and conditions and paying at minimum the deposit, the Booker agrees to be bound by these Terms and Conditions. The Booker acknowledges that he or she has read and understood these Terms and Conditions and has or will convey these conditions to the Booking Group.

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