Pacific Center Planet of Adventures Pty Ltd – sailing holidays booking terms and conditions
These Booking Conditions apply to any booking that you make with Pacific Center Planet of Adventures Pty Ltd ABN 83 144 464 059 (which is referred to in these sailing holiday booking terms and conditions as either “us”, “we” or “our”) and should therefore be read carefully, as they contain some exclusions and limitations of liability. If any part of these sailing holidays booking terms and conditions are found to be invalid or unenforceable, then the remainder of these conditions will not be affected and will remain valid and enforceable.
1. Your Contract
Your contract is with Pacific Center Planet of Adventures Pty Ltd, 406 Shute Harbour Rd Airlie Beach Queensland, Australia 4802. A contract exists as soon as you pay the booking deposit, by making that payment you will be deemed to have accepted the quote of our invoice to you and have agreed to our booking conditions. When confirming your booking, the person signing the booking confirmation form (the “Contact Person”) must have and is taken by us to have the authority to do so on behalf of all the other people covered by said booking.
Where “you” or “your” is used, this is in reference to the Contact Person and all people covered by this booking. By signing the form it means all people covered by the booking have read and accepted these Booking Conditions. The Contact Person will be responsible for the full cost of the holiday, including any insurance premiums and cancellation or amendment charges; they will also be responsible for any amounts for which you may be liable in relation to the holiday. By agreeing to these Booking Conditions which are governed by Queensland Law, both parties agree to submit to the jurisdiction of the Queensland Courts at all times.
2. Your Holiday Price
The holiday price quoted is in Australian Dollars. Where prices are indicated on printed material, they are accurate at the date of publication and not necessarily at the current date. Current printed prices will supersede all other prices on printed material from previous dates. Once you have made your booking and paid the relevant deposit, the cost of your holiday will not normally be subject to any change. However, we reserve the right to increase/surcharge or decrease prices, due to variations in service charges, security/insurance levies or fluctuations in exchange rates used to calculate the cost of your holiday. The balance of the price of your holiday must be paid at least 4 weeks before your departure date or if it is booked less than 4 weeks before the departure date, upon making the booking. If the balance is not paid in time, we may cancel your arrangements and retain your deposit. If you book through a travel agent, said agent is responsible for timely and appropriate communication; however you may choose to contact us directly in regards to details of your holidays. Money which you pay to the travel agent will be held by them on our behalf.
2a. Payment schedule:
Required payment dates and amount of payment
- When making booking – Deposit payment of 30% is required to confirm booking.
- Balance of 100% of total cost is due 28 days before your first day of sailing, including all additional fees or services must be paid if you required such
If during your holiday with us you require additional services, which we organise for you, we will require payments in compliance to the requirements of the third party. Thus being the case, individual conditions will apply in each case and we will not take responsibility for any third party inaccuracy or disappointment. We are not responsible for changes or cancellation from third parties. You will be covered by each other provide terms and condition.
2b. Payment options:
• Bank Transfer
ANZ Bank | Account Name: Pacific Blitz
Account number 014502 184336405
BANK SWIFT Code: ANZBAU3M
Address: Cannonvale Shopping Center, Shute Harbor Rd, Cannonvale 4802 QLD, Australia
PLEASE INCLUDE YOUR LAST NAME OR BOOKING NUMBER AS TRANSACTION REFERENCE
• Credit card facilities available in the office. 2.5% surcharges applicable
• Cash / Cheques accepted in the office. All cheques are to be made to Pacific Center Planet of Adventures Pty Ltd
3. If you change your booking
If, after our confirmation invoice has been issued, you wish to change your arrangements in any way we will do our utmost to make these changes, but it may not always be possible. Any request for changes to be made must be in writing and signed by the Contact Person or your travel agent. You will be responsible for paying any further cost we incur in making this alteration. Should you request a major alteration within 4 weeks of departure date (such as a change of date or area) then this will be treated as a cancellation and re-booking. Changing from a brochure booking to a late availability booking or any other special offers will not be permitted. Requests for changes to your booking should be sent to us or to your travel agent, if originally booked through one.
4. If you cancel your booking
You or any member of your party may cancel your arrangements at any time. Written notification of cancellation from the Contact Person or your travel agent on your behalf must be received by us via email, post or in person. Written confirmation is required. Cancellation will be effective on the date it is received by us. Cancellation charges are payable as follows.
Period before departure within which notice of cancellation or major change is received by us:
More than 50 days – Deposit of 30% only
50 – 14 days – 50% of total charter cost
14 days and under – 100% of total charter cost
5. If we change or cancel your holiday
The arrangements for holidays as advertised in our brochures are made many months in advance and it is sometimes inevitable that changes or cancellations may need to be made. We reserve the right to make such changes should they become necessary. Most of these changes will be minor and we will advise you or your travel agent of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements.
We will not cancel your arrangements less than 14 days before your departure date, except for reasons of ‘Force Majeure’ or failure by you to pay the final balance.
If we are unable to provide the booked travel arrangements and have had to cancel them before the holiday is due to start, you can either:
• Accept our offer of a replacement holiday of equivalent or higher quality (subject to availability)
• Accept our offer of a replacement holiday of lower quality (subject to availability) and we will refund the difference in cost
• Accept a credit receipt towards a future holiday with us or a refund of the holiday amount you paid to us
No compensation for your associated holiday expenses such as flights, accommodation etc will be paid nor a replacement holiday offered where the change or cancellation is due to ‘Force Majeure’. ‘Force Majeure’ means unforeseeable and unusual circumstances beyond our control. Such circumstances or events include (but are not limited to) war or threat of war, riot, civil strife, industrial dispute, unavoidable technical problems with transport, closure or congestion of airports, terrorist activity, natural (including cyclones, floods etc) and nuclear disaster, fire and adverse conditions.
Travel Insurance is strongly recommended to all our clients, to cover costs associated with your holidays in unfortunate situation when holidays cannot go as planned, due to conditions of ‘Force Majeure’ such as cyclones, strong wind warnings, floods etc.
6. Holiday Termination and Indemnity
You must accept responsibility for the proper conduct of yourself and any members of your party. We reserve the right in our absolute discretion to terminate without further notice the holiday arrangements of any client who refuses to comply with the instructions or orders of the company staff or representative agent if their behaviour or competence in our opinion is likely to cause distress, damage, danger or annoyance to crew, other customers, staff, any third party, or to property. Upon such termination our responsibility for your holidays ceases and we shall not be liable for any extra costs incurred by you.
7. If You Have a Complaint
If you have a problem during your holiday, please inform a relevant member of our staff immediately, who will endeavour to put things right. If your complaint is not resolved locally, please follow this up within 14 days after your holiday with us has finished by writing to our office (refer to our address in paragraph 1) or email email@example.com , giving your booking reference and all other relevant information. It is strongly suggested that you communicate any problem to our staff without delay and complete a report when still in the area. If you fail to follow this procedure we will have been deprived of the opportunity to investigate and rectify your complaint during your holiday and this may affect your rights under this contract. It is unlikely that you will have a complaint that cannot be settled amicably between us. However disputes to do with this contract which cannot be settled amicably may (if you wish) be referred to an independent Arbitrator agreed to by both parties.
8. Our Liability to You
Other than as set out in these Conditions or as implied by law, we are not liable for any loss or damage suffered or incurred by any person in relation to the holiday arrangements. In addition, we are not responsible or liable for loss, damage or theft of personal luggage and belongings. Please check with your insurance agent prior to departure to make sure you are adequately covered for any eventualities.
9. Equipment and Yacht Insurance Cover
Our equipment and yachts are comprehensively insured. Our policy provides full cover for the equipment and yachts and no less than US$10,000,000 third party cover for your skipper and crew. We are not responsible for any loss you may suffer as a result of the insurers failing to indemnify any risk through you or your party providing incorrect information on the booking confirmation form.
You may be found responsible for loss or damage of our equipment and repayment or replacement may be required in the case of not following our staff’s instructions, carelessness or intentionally damaging of the equipment.
Examples of carelessness or intention to damage yacht equipment where you may be charged for replacement or fixing costs are as follows:
• Removing bath towels from yacht and taking them to the beach resulting in loss
• Loosing or seriously damaging snorkelling equipment such as stinger suits, fins and masks
• Removing deck mattresses from on board resulting in loss
The Contact Person is responsible for assuring that he/she and the crew are competent to undertake the planned itinerary. Providing relevant information in the Booking form is crucial and required to make a booking. Information such as allergies and medical conditions of any of your party including children must be disclosed.
As with all activities, water sports activities, sailing, snorkelling, diving, fishing, kayaking etc all contain an element of risk. It should be understood that participation in these activities is your decision and at your risk. In the interests of the safe conduct of your holiday, we and our staff may order a change to your itinerary; decide whether or not conditions are safe to use a craft or make a passage and whether this should be under power or sail. We will not be liable in any way if these changes are made. You must follow the instructions of our staff at all times.
Our staff are trained to make sure you have a safe holiday, therefore immediate and thorough follow up of our staff’s instructions to you is required at all times. In the case of not following our safety procedures (a copy of all safety procedures is available on our yachts) we may decided to immediately terminate your holidays as described in point 6 of these conditions.
10b.Stinger suits disclaimer
Dangerous jelly fish inhabit the waters of the Whitsundays and passengers should take care of their safety; passengers entering the water do so at their own risk and we won’t be held responsible for any personal injury, illness, death or any other consequences whatsoever of passengers being stung by jellyfish.
We strongly recommend you to hire a stinger suit provided free of charge for you whilst on board our yachts to assist in the protection of being stung, coral abrasion, aid in buoyancy & assist with water temperature.
As sailing is an adventure activity, some risks are involved; whilst every effort is made to safeguard our customers, we cannot be held responsible for personal injury or loss due to the actions of clients that are beyond our control
11. What if my yacht is not available?
Should your yacht not be available when you arrive through no fault of ours (e.g. having been damaged by a previous client) we may substitute another yacht if necessary of a different type whilst remaining as close to the originally booked specifications as possible. If a yacht is not available then accommodation will be provided for you free of charge in a hotel of our choice while repairs are carried out or an alternative yacht is provided. If a yacht is not available for longer that 30% of your overall length of holiday with us, you may choose a refund; should this happen you will be reimbursed under the associated event (see paragraph 5). This paragraph (paragraph 11) does not apply if the cause is a ‘Force Majeure’.
12. Data Protection
We will only use your information to advise you of relevant holiday change information. Rest assured we will not give out your details to third parties without your prior consent. You may request access to your information and request that your details be corrected at any time. If you would like access to your information or would like to be added or removed from our mailing list, please send a letter to firstname.lastname@example.org