Blue Line Cruises Pty Ltd Terms & Conditions
| Passenger Terms & Conditions |
| 1. |
These Terms and Conditions set out the terms on which
you book and travel on any cruise operated by Blue
Line Cruises Pty Ltd trading as Magistic
Cruises, Sydney Showboats and Cruising
Restaurants of Sydney (referred to as “we” and “our” below). |
| |
|
| 2. |
At the time of booking a cruise, you must pay for it
in full. Once booked and paid for, all cruise tickets
are 100% non-refundable. No agreement will arise between
you and Blue Line Cruises until we have received payment
at the time of booking in accordance with this clause. |
| |
|
| 3. |
All cruise fares are quoted in Australian Dollars and
include Australian Goods and Services Tax. |
| |
|
| 4. |
We reserve the right, if we consider necessary, to
substitute vessels without notice (including any vessels
of a third party), deviate from a vessel’s advertised
route, change any menu, service, schedule, program, performance
or cruise fare. In such circumstances, we will not be
liable 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. |
| |
|
| 5. |
We will make every effort to cater for your special dietary requirements and allergies. If you have any special dietary requirements please inform our reservation staff upon placing your booking. However, due to the large operation, we cannot give a 100% guarantee that certain products will not be in our food, and the company explicitly accepts no liability. For serious food allergies we wish our customers to make their own decisions on selecting their meals. Our staff comments are only to assist you in making an informed decision. In exceptional circumstances, if you or one of your guests wishes to bring their own meal we are happy to accommodate them. |
|
| 6. |
Risk Warning |
| (a) |
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 a 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 terms, conditions
or warranties are implied into this agreement by written
law of the Commonwealth or New South Wales, the exclusion
of which would contravene statute or cause part or all
of this clause to be void: |
| |
(i) We exclude all other terms, conditions and warranties;
and
(ii) Our liability for breach of such term, condition
or warranty is limited to the supply of the relevant
cruise again or the cost of re-supplying the cruise. |
| (b) |
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. |
| |
|
| 7. |
Any claim for loss or damage must be notified to
Blue Line Cruises 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. |
| |
|
| 8. |
We may contract or arrange for third parties to provide
the whole or part of the cruise and any related services
to you. You undertake that you will not bring any claims
or actions against such third parties but if such claims
or actions are nevertheless made, you agree to indemnify
us and the person against whom the claim or action is
made against the consequences of thereof. 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 and every one of them to enforce, have
the benefit of and rely upon these Terms and Conditions. |
| |
|
| 9. |
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. |
| |
|
| 10. |
If any of these provisions is 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 shall exclusively apply. No
waiver or variation of this agreement will have binding
effect unless such waiver or agreement is in writing
and signed by an authorized officer of Blue Line Cruises. |
| |
|
| |
Disclaimer |
| |
The New Years Eve Fireworks are usually held every year East of the Sydney Harbour Bridge on the main Harbour. The Fireworks Event is organized by the City of Sydney. We have no control over the event.
The vessel will be at a designated point for viewing the fireworks. Our Captain will make every effort to position the vessel for optimum viewing of the fireworks. The exact location of the vessel cannot be guaranteed due to the restrictions imposed by NSW Maritime and the expected heavy traffic on the harbour, however historically the guests always have prime viewing of the fireworks.
If the fireworks are cancelled for any unforeseen circumstances beyond our control, there will be no partial or full refund offered.
|
|
|
|