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Terms & Conditions
BLUE LINE CRUISES
PTY LTD - TERMS & CONDITIONS |
| Passenger
Terms & Conditions |
| 1. |
These Terms and Conditions set out
the terms on which you book and travel
on any cruise operated by Blue
Line Cruises Pty Ltd trading
as Magistic Cruises, Sydney
Showboats and Cruising
Restaurants of Sydney (referred
to as “we” and “our” below). |
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| 2. |
At the time of booking a cruise,
you must pay for it in full. Once booked
and paid for, all cruise tickets are
100% non-refundable. No agreement will
arise between you and Blue Line Cruises
until we have received payment at the
time of booking in accordance with
this clause. |
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| 3. |
Any requests to transfer your booking to another cruise or day will incur a $10 transfer fee. |
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| 4. |
All cruise fares are quoted in Australian
Dollars and include Australian Goods
and Services Tax. |
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| 5. |
We reserve
the right, if we consider necessary,
to substitute vessels without notice
(including any vessels of a third
party), deviate from a vessel’s
advertised route, change any menu,
service, schedule, program, performance
or cruise fare. In such circumstances,
we will not be liable to refund any
fares or portions of fares, nor will
we be liable for any other damage,
loss, expense, loss of time, disappointment,
inconvenience, or any other consequential
loss suffered by you. |
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| 6. |
We will make every effort to cater for your special dietary requirements and allergies. If you have any special dietary requirements please inform our reservation staff upon placing your booking. However, due to the large operation, we cannot give a 100% guarantee that certain products will not be in our food, and the company explicitly accepts no liability.
For serious food allergies we wish our customers to make their own decisions on selecting their meals. Our staff comments are only to assist you in making an informed decision. In exceptional circumstances, if you or one of your guests wishes to bring their own meal we are happy to accommodate them. |
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| 7. |
Risk Warning |
| (a) |
Our cruises operate on busy waterways
and are subject to the risks and
perils of cruising on such waterways
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 in tort,
contract or otherwise for any loss
or damage arising out of injury or
death sustained by a passenger, howsoever
arising and whether or not arising
as a result of our negligence or
failure to render due care and skill.
You enter into this agreement and
book and travel on our cruises at
your own risk. If however
any terms, conditions or warranties
are implied into this agreement by
written law of the Commonwealth or
New South Wales, the exclusion of
which would contravene statute or
cause part or all of this clause
to be void: |
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(i) We exclude all other terms,
conditions and warranties; and
(ii) Our liability for breach
of such term, condition or warranty
is limited to the supply of the
relevant cruise again or the
cost of re-supplying the cruise. |
| (b) |
We exclude all liability for any
loss or damage to clothing or personal
items/belongings howsoever arising
and whether or not our liability
arises in tort, contract or otherwise. |
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| 8. |
Any claim for loss or damage
must be notified to Blue Line Cruises
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. If you fail to comply
with either of these conditions,
we will be forever discharged from
all claims, suits, actions and/or
proceedings relating to or arising
out of or in any way connected with
the cruise and we will be discharged
from all liability whatsoever, including
any liability for negligence. |
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| 9. |
We may contract or arrange for
third parties to provide the whole
or part of the cruise and any related
services to you. You undertake that
you will not bring any claims or
actions against such third parties
but if such claims or actions are
nevertheless made, you agree to indemnify
us and the person against whom the
claim or action is made against the
consequences of thereof. 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 and
every one of them to enforce, have
the benefit of and rely upon these
Terms and Conditions. |
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| 10. |
This agreement is to be governed
by and is to be construed in accordance
with the laws in force in New South
Wales. 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 New South Wales. |
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| 11. |
If any of these provisions is unenforceable,
this shall not affect the enforceability
of any other part of the provision
or any other provision. In the event
of inconsistency between these Terms
and Conditions and any other terms,
these Terms and Conditions shall
exclusively apply. No waiver or variation
of this agreement will have binding
effect unless such waiver or agreement
is in writing and signed by an authorized
officer of Blue Line Cruises. |
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