Please read the following terms and conditions carefully. You must not make any booking unless you understand and agree with the following terms and conditions. References to “us”, “we” and/or “our” in these booking terms and conditions shall mean MV Eastern Voyager.
These terms and conditions apply to all bookings you make with us through our online bookings, on our website, via social media, email and/or by phone.
We will rely on the authority of the person making the booking to act on behalf of any other traveller included on the booking and that person will also share all information provided to them and will bind all such travellers to these terms and conditions.
You will be required to pay deposit when booking. Your consultant will advise you of how much that will be. All deposits are non-refundable for change of mind or cancellation by you [subject to your rights under the Australian consumer Law]. Final payment is required no later than 6 weeks prior to departure unless otherwise stated.
All prices are subject to availability and can be withdrawn or varied without notice. The price is only guaranteed once paid for in full by you. Please note that prices quoted are subject to change. Price changes may occur by reason of matters outside our control which increase the cost of the product or service. Such factors include adverse currency fluctuations, fuel surcharges, taxes and airfare increases. Please contact your consultant for up-to-date prices.
AUD [DIRECT DEBIT, CREDIT AND OR DEBIT CARD, CHEQUE]
All monies paid by you to us will be the property of Eastern Voyager and will be a debt due and payable to travel before your charter departure.
To confirm your booking a deposit is required with the balance paid prior to your charter [deposit, amounts, dates, and information are sent out on booking]. We reserve the right to cancel bookings if deposit dates are not met. [If any refund is given, it will be paid in AUD.]
Credit card payments:
The above servicing fees are non-refundable for changes of mind or cancellations by you (subject to your rights under Australian Consumer Law).
1.3% surcharge applies [Mastercard and Visa Card].
- There is no surcharge for debit card payments.
- We do not take American Express.
Payment by Cheque: [NOT APPLICABLE TO ONLINE BOOKINGS]
Please note that cheque payments [excluding bank cheques] require about five (5) business days to process. If you are paying by this method, you will need to make the payment at least ten (10) days prior to requested due date. You agree not to stop payment of the cheque even when you cancel a booking. You agree that we may apply the proceeds of the cheque to satisfy any liability you have to us, including any liability in respect of cancellation fees before refund the balance to you.
Direct Debit payments do not attract any surcharge and must reference your name in the payment description.
We are currently unable to accept PayPal.
You authorise us to charge all fees incurred by you in relation to the services provided to the credit card or debit card designated by you. If payment is not received from the card issuer or its agents for any reason, you agree to pay us all amount due immediately on demand.
Cancellation by you:
In the event you cancel your booking with us, the following charges will apply:
- Deposits paid remain non-refundable. [These are held expressly for the charter booked and held to your departure date which can be up to 24 months in advance and not easily able to be re-booked in a short period of time].
2. Payments made in full:
[A] six (6) months or more before your departure date 25% of the balance amount to be paid.
[B] within 90 days before your departure date, 100% of your balance amount.
We do not accept any loss suffered for out-of-pocket expenses howsoever caused – whether direct or indirect because of your cancellation.
Cancellation by Eastern Voyager:
Misconduct of any type and not adhering to the rules and regulations while on charter aboard the Eastern Voyager will lead to the cancellation of the trip and a return to port. No refund will be available nor will we be liable for any other direct or indirect loss, expense and inconvenience caused to all passengers on board.
Alternative available dates will be offered to continue your charter at another time & made for the duration longer than four (4) days in the event of a mechanical breakdown and or severe storm / cyclone.
- In the event of a mechanical breakdown, you accept that we will only be obliged to refund fees on a pro rate basis, and will not be responsible for alternative accommodation, nor will we be liable for any other direct or indirect loss, expense, inconvenience, or disappointment.
- Severe storm or cyclone in the region may delay departures or require the trip to be cut short or cancelled. Cyclone season is usually between December to April. We advise that you purchase travel insurance well before your departure that covers force majeure events [these being events outside the control of the parties, such as natural disasters].
We strongly recommend that you take out appropriate travel insurance to cover yourself and your travel arrangements. Your personal insurance protection should include cover for cancellation, medical and repatriation expenses, personal injury and accident, death and loss of personal baggage, money, and personal liability insurance. Insurance covered by credit card companies or reciprocal medical cover agreements are often not comprehensive. We do not provide personal travel insurance with our trips.
Indemnity and Liability Agreement:
If you are intending to participate in any water activities all guidelines are to be strictly adhered to.
Water activities – For spearfishing, swimming, snorkelling and scuba diving you will need to notify the Eastern Voyager [office] well ahead of your charter departure date. An agreement document will need to be signed before you will be able to participate in these activities while on charter.
Our minimum age for children is 12.
Under-age passengers must be supervised at all times throughout the charter by a parent or accompanying adult. We do not carry smaller than adult size life jackets. If smaller than adult size life jackets are required, you will need to supply your own. Life jackets must meet the requirements for off-shore waters.
To the extent permitted by law, neither MV Eastern Voyager nor any of its related bodies corporate, directors, employees or agents accept any liability in contract, tort or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third party providers over whom we have no direct control, force majeure or any other event which is beyond our control or which is not preventable by reasonable diligence on our part. Our liability will also be limited to the extent that any relevant international conventions, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, limit the amount of compensation which can be claimed for death, injury, or delay to passengers and loss, damage and delay to luggage. Under circumstances where our liability cannot be excluded and where liability may be lawfully limited, such liability is limited to the remedies required of us under applicable law (including the Australian Consumer Law). This liability clause is subject to your rights under the Australian Consumer Law and nothing in these terms and conditions is intended to limit any rights you may have under the Competition and Consumer Act 2010 (Cth).
Please call 0419653740 or 0437835949, regarding any special requirements you may have for your travel arrangements such as special meal and seating requests, room type or disabled access.
Monies Not Held On Trust:
All monies paid by you to us will be the property of MV Eastern Voyager and will be a debt due and payable to the travel service provider once the services to which the money relates have been provided. You agree and acknowledge that such monies will not be held by us on trust for and on behalf of you and we may hold such monies in any account as we see fit, including with our own and/or other customer monies.
If any dispute arises between you and us, the laws of Australia will apply. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Australia and waive any right that you may have to object to an action being brought in those courts.
Image use / Privacy: You acknowledge and give consent while onboard the Eastern Voyager that fellow passengers and or crew may capture your image during your trip with photographs, video, voice and or other image likeness, you also give consent for us to receive and use images of you from others. These images may be used for marketing and promotional purposes. Such use includes the display, distribution, publication, transmission or other use of photographs, images, and or videos taken for use in materials that include, but may not be limited to, printed materials such as brochures, newsletters, videos and digital images used on the Eastern Voyager web site, social media pages such as Facebook, Instagram, Youtube, and in advertising.
You agree that we will not be required to ensure that person’s compliance with Australian privacy laws or otherwise be accountable for how they handle your personal information. When used above, “disclose” includes to transfer, share, send, or otherwise make available or accessible to another person or entity.
Our booking and advisory services come with a guarantee that:
- they will be provided with due care and skill;
- they will be reasonably fit for the specified purpose;
- they can reasonably be expected to achieve the desired result; and
- they will be provided within a reasonable time.
If we fail to meet any of these guarantees, you have rights under the Australian Consumer Law
These terms were last updated on 15th March 2021.