PART 1 – Terms and Conditions applicable to all Voyages
These are the Terms and Conditions of Contract applicable between Passengers on the Julie Burgess and the Julie Burgess Inc. (JBI) for all sailings conducted by JBI. These sailings are conducted under Australian Maritime Safety Authority (AMSA) regulations, for Class 1E (sheltered waters) or Class 2D (coastal waters) as defined by AMSA.
The contract is between the Passenger and JBI and shall be formed on confirmation by or on behalf of JBI of the Passenger’s application and payment of the prescribed fee.
2. Application of Part 1
Unless provided to the contrary in Part 2 of this agreement the terms and conditions in this Part apply to all voyages on the Julie Burgess.
3. Fare and Payment
3.1 The passenger fare shall be the current published fare for the nominated sailing (“the Fare”).
3.2 In the event of a passenger wishing to redeem a gift voucher the voucher will be applied to the class of fare to which it pertained at the time of purchase and no additional payment will be required.
At the time of booking full names, ages, medical or other conditions and/or dietary requirements must be provided for each passenger
5. Cancellation by the Passenger
5.1 The Passenger may at any time prior to commencement of the sailing cancel the Contract by contacting email@example.com, in which case:
(a) If the cancellation occurs prior to a time forty eight (48) hours before the embarkation time the JBI will give the Passenger a choice of:
(i) the Fare will be transferred to another booking to the same or greater value at a later date within 12 months of the original Fare payment, OR
(ii) the Fare will be transferred for use within 12 months of issue in the form of a Rain Check OR
(iii) the JBI will retain 5% of the Fare but shall promptly refund all other monies paid on account of the Fare,
(b) If the cancellation is the result of medical issues or personal loss the JBI will retain 5% of the Fare but shall consider refunding all other monies paid on account of the Fare on a case by case basis.
5.2 In all other circumstances, the Passenger shall not be entitled to a refund or reimbursement of the Fare or any part thereof.
6.0 Cancellation by JBI
The Master/Skipper of the vessel may cancel the booking if the weather or water conditions are deemed unsafe for sailing. Passengers will be notified of this decision via email between 24 and 4 hours prior to the time of embarkation. If the Contract is cancelled by JBI, passengers will be offered a transfer, rain check or refund less the 5% booking fee.
6.1 Subject to availability, a Passenger may transfer to another sailing not less than forty eight (48) hours prior to original embarkation by contacting firstname.lastname@example.org on the following conditions;
(b) The transfer may only be to another sailing of the same or greater value.
(c) Any increase in the fare between the original and transferred sailing will be payable by the Passenger.
8.0 Health and Fitness
8.1 A Julie Burgess sailing involves being a passenger on a heritage listed working tall ship. As such modern conveniences are not available. Access to toilet facilities is via a steep companionway which must by climbed like a step ladder. Limited seating is available in the stern of the vessel with other seating options only on the coach house roof, the deck and some rails. JBI welcomes a diverse range of individuals but the above must be taken into consideration when booking. Please contact us if you would like to discuss requirements in more detail.
8.2 To ensure Passengers’ safety and enjoyment it is essential when booking that serious medical or other conditions, and where relevant any dietary requirements where relevant, are divulged.
8.3 If, at the time of booking, the passenger does not disclose a medical or other condition that may impact the passenger’s health or safety while on board, JBI will not be liable for any accident or aggravation of the condition arising from the medical or other condition and the passenger’s attendance on board the Julie Burgess.
Personal insurance is not included in the voyage fare. It is the responsibility of Passengers to arrange their own appropriate insurance.
10 JBI Not Liable
The JBI shall not be liable in respect of:
(a) The death, injury or sickness of any Passenger or in respect of or damage to any property or valuables of the Passenger however caused.
(b) Any consequential or other loss of any kind arising directly or indirectly from the provision or non-provision of the Fare or sailing.
(c) Notwithstanding anything herein before expressed or implied, JBI shall in any event be entitled to the maximum protection allowed by law in respect of the liability of or any limitation on damages recoverable from Ship Owners.
11.0 Privacy Act
12.0 Promotional Material
JBI reserves the right to take photographs or video footage of Passengers on the sailing and use those images for promotional purposes. The Passengers who do not wish for their image to be used must notify JBI at the time of booking and identify themselves to the Master of the Vessel prior to the commencement of the sailing.
13.0 Sailing Itinerary
Every reasonable effort will be made to adhere to the advertised sail plan and timetable but any course or port may be varied or times or dates changed for any cause which JBI and/or the Master of the Julie Burgess in their absolute discretion shall consider necessary.
14.0 On Board
14.1 The Passenger may not bring on board any goods or articles of a dangerous nature or drugs of any kind (other than for personal medication or the treatment or relief of minor personal ailments). Smoking of any sort is not permitted aboard the vessel or the on the pontoon deck.
14.2 Alcohol is permitted in moderation having due regard for the comfort of other passengers and in accordance with the ‘Alcohol Policy’. Approval may be withdrawn at any time at the discretion of the Master of the vessel.
14.3 All safety instructions must always be followed.
14.4 Children must be 8 years of age and in the care of an adult.
14.5 Children between the age of 8 and 12 years must wear a life jacket while the vessel is underway.
14.6 Carriage of disabled persons is limited to two standard wheelchairs, persons that require walkers and similar aids can be accommodated however, it is a requirement that these people be accompanied by a carer.
15.0 Authority of the Master
15.1 The Master shall have full direction and authority over Passengers while on board the vessel.
15.2 Passengers are expected to perform and observe all reasonable and lawful commands or directions of the Master or his delegate
15.3 The master, or his delegate, may request the passenger to undertake, and the passenger agrees to undertake, such on board duties as may from time to time be requested of them so long as the passenger has the capacity to safely undertake the requested duties.
15.4 If it appears to the Master that the Passenger is for any reason whatsoever unfit to undertake or continue the sailing or likely to endanger his/her health or safety or endanger the health and safety of others on board, then the Master shall be entitled at any time to take any of the following courses as appear appropriate at the time, namely:
(a) To refuse to embark the Passenger;
(b) To disembark the Passenger at any port; or
(c) To confine the Passenger below deck.
16.0 No Liability
16.1 The Passenger agrees that JBI, the Master of the Julie Burgess (“Master”) and each other servant or agent of JBI, shall have the benefit of all rights and exemptions contained in these conditions.
16.2 Neither the Master nor JBI shall be liable for any damage, loss or expense occasioned to or by the Passenger nor shall JBI be liable to make any refund of the Fare or part thereof if the master is required to exercise the express authority under Clause 14 of this agreement or any statutory or implied authority when acting as master of the Julie Burgess.
16.3 The JBI shall in no circumstances be liable in respect of consequential loss or damage, detention, delay or over carriage howsoever caused.
16.4 Any expenses not covered by the Fare which are reasonably incurred by the JBI on board or at any port for and on behalf of the Passenger for (but not limited to) medical, hospital, surgical or similar treatment, hotel, transport and repatriation expenses shall be payable by the Passenger to the JBI on demand.
16.5 In making arrangements for carriage by air, road or rail and for accommodation of Passengers, the JBI acts only as the agent of the Passenger and does so on the express condition that no liability of any kind howsoever shall attach to it in connection with or arising out of such arrangements.
17.0 Group Bookings and Charters
17.1 Charters and group bookings and the passengers carried pursuant to these arrangements are subject to the terms and conditions of this agreement.
17.2 The Group leader must undertake:
17.2.1 To provide, at the time of booking, relevant contact details for the Group to ensure ongoing ease of communication between JBI and the Group up to the time of, and following the sailing.
17.2.2 To ensure that at the time of booking full names, ages, medical or other conditions and/or dietary requirements are provided for each group member. If these are not provided the group booking will not be accepted.
17.2.3 To abide by the conditions of payment for a booking, including the cancellation policy as detailed above.
17.2.4 To ensure that any children in the group are supervised at all times.
17.2.5 To ensure that any individuals suffering from physical or mental impairment are accompanied and supported appropriately.
17.2.6 To agree that JBI does not accept responsibility for accidents which may occur to any group member, or for any damage or theft of property whilst using JBI properties.
17.2.7 To accept responsibility for proven damage or loss caused by the group to property, equipment including safety and security systems. To recompense JBI for any such loss or damage, including refunds to other Passengers that cannot be accommodated as the result of or related to serious group misbehaviour.
17.3 JBI undertakes to provide the agreed services at the agreed times. This obligation does not apply under circumstances beyond the control of JBI.