By signing these terms and conditions (“the Terms and Conditions”), the passenger outlined in the schedule to these Terms and Conditions (“the Passenger”), in its dealings with Montebello Island Safaris (ABN 48 956 633 272) which include its agents, employees and officers (“the Company”), agrees to the Terms and Conditions and agrees to be legally bound by them.
1.1 The Passenger agrees to pay the Company the price set out in the schedule to these Terms and Conditions (“the Price”).
1.2 The Passenger agrees to pay the Price to the Company in the following manner:
1.2.1 Payment of a non-refundable deposit in the sum of $1,000.00 (“the Deposit”). Payment is due according to date on invoice. Upon the payment of the deposit the Passenger is deemed to agree to the Terms and Conditions. Terms and Conditions must be signed and returned to the Company prior to departure on charter. If the Passenger does not pay the Deposit by the date indicated on the invoice then the company may offer the Passenger’s berth aboard the Montebello Island Safari (“the Charter”) to any other person, without incurring any liability to the Passenger; and
1.2.2 Payment of the non-refundable balance of the Price in full at least one hundred & twenty (120) days prior to the departure date as set out in the schedule to these Terms and Conditions (“the Departure Date”). If the Passenger does not pay in full the balance of the Price in accordance with the time frame specified in this clause, then the Company is free to offer the Passenger’s berth aboard the Charter to any other person, without incurring any liability to the Passenger.
If, for whatever reason, the Passenger wishes to cancel their position on board the Charter then the Passenger must immediately notify the Company. In the event that a Passenger cancels its position on board the Charter then the Passenger shall still be liable for the full payment of the Price in accordance with these Terms and Conditions unless otherwise organised with the Company. Please read above payment terms very carefully.
3. Travel Insurance
The company recommends that passengers organise their own travel insurance.
4.1.1 The Company will provide the Passenger with return transportation from Exmouth, Western Australia to the Full Monte Houseboat moored at “Claret Cove” in the Montebello Islands, Western Australia (“the Houseboat”) aboard the vessel known as the ’Kylin’ or as varied from time to time.
4.1.2 The Passenger is personally responsible for organising and paying for all transportation associated with getting to and from Exmouth, Western Australia.
4.2.1 The Company will provide the Passenger with six (6) nights’ accommodation aboard the Houseboat moored at “Claret Cove” in the Montebello Islands, Western Australia.
4.2.2 The Company will provide the Passenger with a mattress, blanket and a pillow.
4.2.3 The Passenger must provide a single sheet set and pillowcase(s) and acknowledges that a swag is not an alternative to this requirement.
4.3 Food and Beverages
4.3.1 The Company will provide the Passenger with three (3) meals per day and some limited beverages including tea, coffee, cordial and a selection of breakfast juices. If the Passenger has any special dietary requirements then the Passenger must notify the Company of any such dietary requirements at least four (4) weeks prior to the Departure Date.
4.3.2 The Passenger acknowledges that the provision of all other food and beverages are his or her responsibility.
The Company will endeavour to supply all of the activities listed in the Company’s promotional material including the activities specified on the Company’s website (“the Activities”) to the Passenger. The Company does not warrant that all Activities shall be available for the Passenger’s use on the Charter.
4.5 Scuba Diving
The Company shall not supply scuba diving on the Charter unless the Passenger requests scuba diving when returning these signed Terms and Conditions and the Company is able to organise a dive master to be aboard the Charter. In the event that scuba diving is offered by the Company aboard the Charter then the following conditions shall apply:
4.5.1 Only six (6) people can be taken scuba diving at any one time unless the Company is notified at the time of returning these Terms and Conditions that more than six (6) people wish to scuba dive at once to enable the Company to make the necessary arrangements to accommodate the extra divers. If the Company is able to arrange an additional dive master to accommodate the passengers request then the Passenger shall incur an extra charge proportionate to the amount incurred in supplying the extra dive master which shall be payable by the Passenger prior to the Departure Date.
4.5.2 The Passenger undertakes scuba diving at his or her own risk.
4.5.3 The Passenger undertakes scuba diving at his or her own risk.
4.5.4 The Passenger must complete the Company’s “Advice to Divers” form.
4.5.5 The Company will provide scuba tanks and weight belts.
4.5.6 The Passenger must provide all other personal scuba dive gear.
The Company offers the Passenger the use of the Company’s dinghies whilst aboard the charter. However, the Company’s dinghies may only be used when they are skippered by a person holding a current Recreational Skipper’s Ticket and the original version of that ticket has been shown to the Company upon request.
The company takes no responsibility should a passenger injure themselves whilst using the dinghies.
Passengers must not venture onto the islands/beaches whilst using the dinghies. The Company takes no responsibility should a passenger injure themselves if they venture on to the islands/beaches.
The Passenger must be at the Exmouth Boat Harbour (accessed from Madaffari Street), Exmouth, and ready to board by no later than 11am on the Departure Date.
NOTE All passengers must contact Montebello Island Safaris on 0419091670 on arrival in Exmouth to be advise of any changes to departure time and place.
6. Variation to Services
The Company reserves the right to, without notice:
6.1 Cancel or vary the Services in any way and for whatever reason without any liability to the Passenger.
6.2 Substitute or vary any of the vessels used to carry out the Services including the Houseboat with any other boating vessel capable of fulfilling the Services at the absolute discretion of the Company without any liability to the Passenger.
The Services are not transferable by the Passenger without written notification to Montebello Island Safaris to any other person.
A Passenger who cancels their position aboard the Charter but finds a replacement passenger to take their place must transfer the Price to the replacement passenger.
8. Prohibited objects
The Passenger must not take onto any vessel used by the Company for the provision of the Services any glass (excluding beer and, wine bottles). However the Passenger is encouraged to use alternatives to glass bottles wherever possible. Weapons, explosives, volatile spirits, corrosives, easily ignitable articles, recreational drugs or offensive things of any kind that may cause inconvenience or harm to any other persons on the Charter or endanger or cause damage to the boating vessels used by the Company for the provision of the Services are not permitted on the charter.
Except as otherwise provided by these Terms and Conditions and to the extent permitted by law:
(a) The Company is not liable for the death of or injury to any person, or loss of or damage to baggage or property, or for consequential or other loss of any kind, arising directly or indirectly from negligence or omission or some other cause in connection with the provision or non-provision of the Services or otherwise; and
(b) The Company is not liable for any inaccuracies of the information concerning the Services.
10. Passenger Compliance
The Passenger agrees to comply with all:
(a) Laws, regulations and all instructions of the Company whilst aboard any vessel used by the Company for the provision of the Services;
(b) Notices exhibited on any vessel used by the Company for the provision of the Services; and
(c) Acts, Regulations and licence conditions as they relate to the Montebello Islands Marine Park.
(d) Any and all commands given by vessel Master.
11. Passenger Warranty and Indemnity
(a) The passenger warrants that he/she is not aware of any existing medical condition which might impact on his/her ability to participate in and complete the Charter and that he/she has made full disclosure to the Company of any medical condition which might affect the Passenger’s ability to participate fully in the Charter.
(b) The Passenger acknowledges that deep sea fishing and other activities may occur some hours away from the nearest port and that there may be a delay in transferring the Passenger from the site where deep sea fishing/other activities is occurring and the nearest port.
(c) The passenger acknowledges that he/she has been informed that medical facilities in Exmouth are limited. In the event that the Passenger requires specialised medical treatment the Passenger may be required to be evacuated to another centre. The Passenger further acknowledges that in that event all costs in respect of such transfer and evacuation are the Passenger’s sole responsibility.
(d) The Passenger hereby indemnifies and releases the Company against any claim of whatever nature for any liability incurred either in respect of the cost occasioned in evacuating the Passenger from the Houseboat or the Kylin to the nearest port, and in respect of any damages suffered by the Passenger as a consequence of any delay in obtaining appropriate medical treatment, and releases the Company for any liability for such damages, cost and expense.
If the Company, in its sole opinion determines that:
(a) The Passenger has breached any of these Terms and Conditions, appears to be under the influence of a prohibited substance or it is necessary for the safety or comfort of the other persons aboard any of the vessels used by the Company for the provision of the Services, then the Company may terminate the agreement with the Passenger and remove the Passenger from the Charter at the Passenger’s cost. If the Company exercises its authority pursuant to this clause then the Price shall not be refundable to the Passenger; or
(b) The weather conditions are not suitable to operate the Charter then the Company may elect to shorten or cancel any portion of the Charter. In the event that the Charter is shortened or cancelled under this clause then the Company will asses each charter on individual merit to ascertain what refund, if any, will be given to the Passenger.
13. Fuel Levy
(a) The Company reserves the right to charge the Passenger a fuel levy at any time before the Departure Date where the Company determines that it is necessary due to an increase in the price in fuel.
(b) Failure by the Passenger to pay any imposed fuel levy prior to the Departure Date may result in the Company cancelling the Passenger’s berth aboard the Charter without incurring any liability to the Passenger and no refund due to the Passenger.
14. Personal Property
14.1 The Company will not be liable for any loss or damage to the Passenger’s luggage or to any possessions of the Passenger.
14.2 Any luggage or possessions left behind by the Passenger at the conclusion of the Charter will be held by the Company for fourteen (14) days. If the luggage or possessions are not claimed within fourteen (14) days then they will become the property of the Company.
14.3 All costs incurred by the Company in returning the luggage or possessions to the Passenger shall be the responsibility of the Passenger.
These Terms and Conditions are subject to and shall be construed in accordance with the laws of Western Australia and the Passenger agrees to submit to the non-exclusive jurisdiction of the Courts of Western Australia.