| 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). |
| 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. |
| 3. |
All cruise fares are
quoted in Australian Dollars
and include Australian
Goods and Services Tax. |
| 4. |
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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| 5. |
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: |
| |
(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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| 6. |
6. 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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| 7. |
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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| 8. |
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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| 9. |
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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Cruising
Restaurants of Sydney