LADY MUSGRAVE CRUISES
CONDITIONS OF TRAVEL
This ticket is issued by Lady Musgrave Cruises (the "Company") and the Passenger agrees that delivery of the duplicate of this ticket to the Company's officers prior to commencing the travel is a representation and warranty by the passenger that the passenger accepts the offer by Company to travel on the service subject to these conditions of travel.
1. THE PASSENGER ACKNOWLEDGES THAT SEA CONDITIONS ARE BEYOND THE CONTROL OF THE COMPANY AND THAT TRAVEL BY SEA INVOLVES INHERENT RISKS. THE MOTION OF WAVE AND WEATHER WILL CAUSE SUBSTANTIAL MOTION OF THE VESSEL BOTH REGULAR AND IRREGULAR 1S LIKELY TO OCCUR ON THIS AND ANY SEA TRAVEL.
2. The passenger must indemnify and keep indemnified the Company and its employees and agents against any damage, loss, cost, expense or liability incurred by any of them to the extent it arises from or relates to personal injury to the passenger and to the travel.
3. The Company reserves the right to cancel or vary this service in any way.
4. The passenger agrees and the Company confirms that the Company shall have no liability for loss or damage to luggage arising out of or in any way incidental to the travel or the transfer of any luggage between the vessel and any place of accommodation however which damage arises.
5. The passenger agrees that no condition of travel other than these will be recognised and that the Company is not in any way responsible for or liable for any verbal promises or representing made by booking agents or its clerks or employees.
6. The Company shall not be liable for any loss or damage, which may arise or be alleged to arise in the event of the cancellation of this travel or the abandonment of this travel during its course or of any deviation or delay in any travel arising from any cause.
7. The Company may arrange for any other person to provide the travel contracted for or any part and such person and its employees and agents shall be protected by and entitled to the benefit of these conditions to the same extent as the company.
8. The passenger agrees that the Company contracts with the passenger on its own behalf, and in respect of clauses relevant to its employees as agent on behalf of it employees.
9. The passenger warrants and represents and the Company and its employees and agents rely on these warranties and representations that:
a. The passenger shall at all times within the duration of the travel comply with any direction given to the passenger by the Company, or its employees or agents.
b. The passenger is in a state of good health and is free from any injury, medical condition, disability, disease or injury which may he aggravated by the travel or make the passenger more susceptible to any personal injury or damage while undertaking the travel.
c. The passenger shall take care and responsibility for themselves. The passenger acknowledges that vessel shall be some distance from qualified medical assistance.
10. The passenger on behalf of the passenger and the passenger's executor, administrator, assigns and dependents, expressly renounce all liability in terms of claims against the Company, its employees and agents arising out of or incidental to the travel.
11. Any provision in this agreement which is invalid or unforeseeable in any jurisdiction is to be read down for the purposes of that jurisdiction if possible, so as to be valid and enforceable, and is other wise capable of being severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
12. This agreement is governed by the law in force in Queensland. The parties submit to the exclusive jurisdiction of the courts of Queensland.
13. The passenger acknowledges that the Company does not own or operate coach services, air flights or rail services but may act as agent for other companies conducting these services. When the passenger uses these services the passenger contracts with the operator of the services and is subject to conditions some of which limit or exclude, liability for death, personal injury, delay and loss of or damage to baggage. Those conditions are included in the passenger contract with the operator. The passenger acknowledges that the Company is not liable for the acts or omissions whether negligent or otherwise of operators providing services over whom the Company has no direct and exclusive control.
14. Weather Check and Cancellations. Please confirm your booking 1 day prior to your cruise as with all Barrier Reef cruises. Departure are subject to weather conditions. 16 hours notice is required for all cancellations.