Terms and Conditions
These Terms and Conditions set out the terms on which you (on behalf of yourself and any person on whose behalf you are booking, together “you” or “your”) book through Spirit of Cairns Pty Ltd (referred to as, we, us and our, in these Terms and Conditions) for all bookings made directly by you, or on your behalf by an agent or third party, in relation to the products and cruises operated by us. These Terms and Conditions constitute the agreement between you and us.
Full payment is required with your cruise booking. This amount is non-refundable. Bookings can be rescheduled to a later date provided more than 24 hours’ notice is given. You must pay any price difference between the original booking and the transferred booking.
A Queensland local is a person whose primary place of residence is in the state of Queensland. A driver’s license is adequate proof – management must approve any other form of identification. This discount is NOT available for visiting friends and families of locals. Language students and people on working holiday visas are not considered Queensland locals.
A booking of six or more people is considered to be a group booking. All group bookings and private charters require a 20% deposit in order to confirm the booking, and full payment is required 7 days prior to the cruise date. Late payment may result in the cancellation of your booking. Cancellations of private charters and groups of more than 20 people, with 30 days or more notice, will forfeit their booking deposit. Cancellations of groups of 20 or less people, with 7 days or more notice, will forfeit their booking deposit. 100% cancellation fee applies for less than 7 days notice of your group or private charter cancellation.
Children must be under parental supervision at all times, and are not permitted on the outer decks without being accompanied by a parent or adult supervisor. Child age is 4-14 inclusive. Infants (aged 0-3) are permitted on board free of charge; however, please note there are no high chairs or changing facilities on board.
Footwear is a mandatory requirement, and you will not be permitted to board unless you are wearing shoes or sandals. We recommend flat, rubber soled shoes.
Image use / Privacy
1. You acknowledge and give consent for by itself or through an agent to take photographs, audio or video recordings, or other forms of recordings that capture your image, likeness, voice, performance or all of these (“Images”) during the course of this activity / tour. You acknowledges and gives consent for us to receive and use Images of you from other.
2. We may use Images for marketing and promoting its services. The ways in which the Images will be used for marketing purposes include, but are not limited to, incorporating the Images in print, broadcast, internet media, direct marketing channels, downloadable content and applications, and all other media, platform or technology now known or to be developed for distribution around the world. The Images may be altered, modified, changed, combined or incorporated into other works.
3. You have the right to request access to your Images and to correction of those Images to ensure they are complete and not misleading. However, the passenger acknowledges that if the Images have been incorporated into marketing materials, it may not be reasonably practicable for us to make any changes to the Images. You authorise us to refuse the request to correction in such circumstances.
Food Allergen Statement
We endeavour to provide safe food for all our passengers. When given sufficient notice, alternative foods may be provided to cater for Food Intolerance and Food Allergy requirements.
Our hospitality staff and available signage can identify which menu items are most suited to your dietary requirement. Please ask regarding menu ingredients or to see food packaging if you have concerns.
Our food service has strict risk controls regarding sanitisation, cross-contamination and food storage procedures, however, due to logistical constraints in regard to provisioning and limited design areas of food preparation we do not guarantee a 100% safe environment for anyone suffering a severe food allergy (anaphylaxis) including exposure via cross contamination or airborne allergens.
All persons with a known allergy, especially those with a previous medical history of anaphylaxis, must travel with sufficient medication and a pre-prepared action plan to manage their condition. Risks include isolated itineraries and are not within areas of immediate medical help. In some circumstances, a person who has a severe food allergy may request to bring their own pre-prepared meals.
Spirit of Cairns is a non-smoking boat, and smoking is not permitted anywhere on the vessel.
You must not bring any alcohol or illegal substances onto the vessel. We reserve the right to, at our sole discretion, refuse you entry to the vessel, or to require you to disembark from the vessel, due to your intoxication, behaviour or language that may be offensive to other passengers or crew, or for the safety of other passengers, crew or the vessel.
We reserve the right, if we consider necessary (for example, due to mechanical breakdown, for safety reasons or weather conditions), to cancel a cruise, and refund monies paid to us. Should we deviate from the advertised route, schedule or advertised entertainment, or change any menu without notice, we will endeavour to provide a similar quality route, menu, schedule, or entertainment. In these circumstances, we will not be liable for your direct or indirect loss, or liable for any other damage, loss, expense, loss of time, disappointment, inconvenience, or any other consequential loss suffered by you.
Our cruises are subject to the risks and perils of cruising on a waterway, 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 for any loss or damage arising out of injury sustained by you, howsoever arising. You enter into this agreement and book and travel on our cruises at your own risk.
We exclude all liability for any loss or damage to clothing or personal items/belongings howsoever arising, including but not limited to theft.
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 of them to enforce, have the benefit of and rely upon these Terms and Conditions.
It is a condition of this agreement that any claim for loss or damage must be notified to us 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.
This agreement is to be governed by and is to be construed in accordance with the laws in force in Queensland. 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 Queensland.