Terms and Conditions

(a) By purchasing the products and services offered by, or otherwise engaging with, Curtis Island Services Pty Ltd ABN 76 165 816 017 trading as SeaLink Whitsundays (SeaLink Whitsundays, we, our and us) you agree to these Terms & Conditions

(b) All fares and prices, itinerary details, and information are correct at the time of publishing; however, these can be subject to alteration, sometimes without notice. Once you have made a booking, the fares will not change unless you choose to alter the booking. Itinerary details, schedules (including departure and arrival times), and routes are subject to alteration without prior notice at any time, including after booking. We reserve the right to cancel any services, vary any services, and substitute any means of transport. You may be entitled to a full or partial refund of any fares paid in accordance with Australian Consumer Law. In all other circumstances, any refund is at our discretion.

(c) All services and reservations provided are subject to the conditions of the principal providers and no responsibility is accepted by SeaLink Whitsundays for the acts or omissions of any third party.

(d) Travel insurance is highly recommended, including for domestic travel.

All fares and prices are in Australian Dollars. Published fares are valid from 1 April to 31 March inclusive. All published fares and prices are subject to availability, surcharges, blackout periods, and seasonal variations. Always check your travel documentation for final prices. High Season rates may apply to all bookings and all rates quoted are ‘from’ rates.

A 1% fee for VISA, MasterCard & American Express of total booking cost will be charged when paying for travel, service, package or product via these methods.

Bookings can only be secured with 100% payment.

(a) Subject to any entitlement you may have to any full or partial refund paid in accordance with Australian Consumer Law, if you choose to cancel your booking, the cancellation fees set out in this clause 5 will apply.

(b) Applicable to all SeaLink Whitsunday tours. Cancellation of a booking or part thereof will incur the following fees:

• Between 14 days and 48 hours before departure – cancellation fees equal to 20% of the total bookings fees.
• Within 24 hours – 48 hours before the tour- cancellation fees equal to 50% of the total booking fees.
• Within 24 hours of departure -cancellation fees equal to 100% of the total cost.

(c) If a tour is cancelled by SeaLink Whitsundays due to inclement weather or unforeseen circumstances a transfer to another date of travel or a full refund will be offered.

(d) A ‘no show’ at the time of departure will incur a cancellation fee equal to 100% of the total booking fees.

(e) Please note operators/agents (other than SeaLink Whitsundays) may charge cancellation fees in addition to the above.

(f) Cancellation fees have been calculated with reference to the reasonable costs incurred by us as a result of the cancellation, and the likelihood that we will be able to re-book the cancelled booking.

(a) Due to tidal restrictions and weather conditions on the day, the direction, destination, and order of travel may change.

(b) You may request a change to the day of travel or other amendments to the original booking, subject to payment of additional fees. For more information, please contact SeaLink Whitsundays.

SeaLink Whitsundays must comply with Queensland Government Public Health orders and directives. For the latest Queensland Government Public Health and Social Measures lined to COVID-19 and vaccination status rules and requirements please visit www.covid19.qld.gov.au/

Holiday plans can be disrupted and cancellation fees can be costly. Travel insurance is inexpensive and highly recommended, including for domestic travel. Please note that Travel Insurance may not cover disruptions caused by mechanical breakdowns or adverse weather conditions.

Child prices apply to children aged 5 to 14 years, inclusive. Children under 5 years of age travel free of charge on SeaLink Whitsunday Tours.

(a) Gift vouchers purchased from SeaLink Whitsundays will be dealt with in accordance with the Brilliant Travels Terms and Conditions for Gift Cards, available at https://www.brillianttravels.com.au/terms-conditions/#brilliant-gift-card (as amended from time to time).

Booking and Confirmation

• A charter booking is confirmed upon receipt of a signed charter agreement and payment of the required deposit.

• Final guest numbers must be confirmed no later than 14 days prior to the charter date.

Payment Terms

• A deposit (amount as specified in the agreement) is required to secure the booking.

• Final payment is due no later than 28 days prior to the charter date, unless otherwise agreed in writing.

Guest Numbers

• Maximum guest numbers are subject to vessel capacity and operational safety requirements.

• If guest numbers exceed the original booking confirmation, SeaLink Whitsundays reserves the right to refuse additional guests or to adjust the pricing accordingly, subject to operational and safety limits.

• Guests must comply with all instructions from the SeaLink Whitsundays crew at all times.

In-Water Activities

• Participation in any in-water activities (such as snorkeling or swimming) is subject to weather conditions, operational limitations, and safety requirements.

• SeaLink Whitsundays reserves the right to restrict or cancel in-water activities if safety is compromised.

• Only guests who have been briefed and deemed capable by the crew may participate in in-water activities.

Cancellations and Amendments

• Cancellations made more than 30 days before departure will incur a cancellation fee as specified in the charter agreement.

• Cancellations made within 30 days of departure may result in forfeiture of the deposit or full payment, subject to the specific terms outlined in the charter agreement.

• Amendments to charter dates, times, or details are subject to availability and may incur additional charges.

Weather and Operational Changes

• SeaLink Whitsundays reserves the right to alter or cancel a charter without notice due to weather conditions, safety concerns, or operational requirements.

• If SeaLink Whitsundays cancels a charter for reasons beyond the client’s control, an alternative date or a refund (less any non-recoverable costs) will be offered.

Liability

• Guests participate in activities at their own risk. SeaLink Whitsundays accepts no liability for loss, injury, or damage to guests or their property during the charter.

Conduct

• Guests are expected to behave responsibly and follow the directions of the SeaLink Whitsundays crew.

• SeaLink Whitsundays reserves the right to terminate the charter or remove guests from the vessel without refund if their behaviour poses a risk to safety or disrupts the experience for others.

SeaLink Whitsundays values your privacy. For full details about how we deal with your personal information, please read our privacy statement available here.

(a) SeaLink Whitsundays is not a common carrier and reserves the right to refuse to carry any passenger, baggage or goods at its discretion.

(b) When you travel on a SeaLink Whitsundays service, you must:

• be present at the terminal a minimum of fifteen (15) minutes prior to the service's scheduled departure time (Please refer to your travel itinerary for SeaLink Whitsundays tour check-in times)
• respect our employees, including our vessel crew and promptly obey any instructions given to you, including a direction to provide your ferry ticket.
• listen carefully to the safety briefing, identify your nearest exits, and familiarise yourself with the location and operation of safety equipment.
• drink in moderation and only consume alcohol which we supply to you on the vessel – you must not drink alcohol that you bring on board with you.

(c) All children under the age of 16 years must be accompanied by a parent or guardian when onboard the SeaLink Whitsunday vessels.

(d) When you travel on a SeaLink Whitsundays service, you must not:

• Smoke, (including e-cigarettes);
• behave in an offensive manner, or in a manner which does or might cause discomfort, distress, offence or injury to another person (determined at SeaLink Whitsundays’ sole discretion);
• board, or alight from, or attempt to board or alight from the vessel whilst it is in motion, or without permission from the crew.
• disobey the directions of the staff or vessel crew;
• be under the influence of or use illicit drugs on board our vessel, or use prescription drugs which you are not medically required to take;
• do anything which may endanger the safety of the vessel on which you are travelling, or the safety of our vessel crew or your fellow passengers, including tampering, interfering with or damaging any part of the vessel or the equipment carried on board, or undertaking activities such as cycling, roller-skating, skateboarding or any other such potentially hazardous behaviour;
• performing upon any musical instrument, distributing any advertising materials or offering any product for sale within the terminals or onboard the ferry, unless prior permission from SeaLink Whitsundays is approved; and
• obstructing passageways. If required please seek assistance from the crew with regards to where to place luggage, pram or wheelchair during the voyage.

(e) We reserve the right to take all steps which are reasonably necessary to ensure the safety of our employees and guests on board the vessel. If in the opinion of our crew you have not complied with your obligations as stated in these Terms & Conditions, we may take steps which include any one or more of the following:

• move you to another seat, or another part of the vessel;
• remove you from the vessel;
• report you to the relevant authorities;
• refuse you from travelling on SeaLink Whitsundays services, for any duration of time we believe is appropriate.

(f) You may be refused boarding of the vessel, or be requested to leave the vessel if:

• You are in breach of these Terms & Conditions;
• you are objectionable to other passengers or our employees, or are for any reason, disturbing, causing discomfort to or threatening the safety or security of other passengers or our employees or any of our property (determined at SeaLink Whitsundays sole discretion);
• if it appears to us that you are under the influence of alcohol or drugs or are not physically or mentally fit to travel;
• you have failed to comply with our reasonable directions (including the directions of our staff and vessel crew);
• you have not paid the Fare or any applicable taxes or charges, your Ticket has been reported lost or stolen (if applicable), has been dealt with by you in a way which contravenes these Terms & Conditions or has otherwise been acquired unlawfully;
• you are, or are reasonably suspected to be, unlawfully in possession of drugs, or in possession of illicit drugs;
• you have tampered in any way with the vessel or its equipment, made a threat, or in any way put the safety of the vessel in danger;
• if we reasonably believe that you may pose a threat to the safety or security of the vessel, other passengers or our employees.

(g) You will not be eligible for a full or partial refund of the fare if you are refused entry to or removed from the vessel for any reason.

(a) If the Australian Consumer Law applies to these Terms & Conditions, SeaLink Whitsundays acknowledges and agrees that its services come with a guarantee that cannot be excluded. In this case, for major failures with the services, you are entitled:

1. to cancel your service contract with us; and
2. to a refund for the unused portion, or to compensation for its reduced value; and
3. to be compensated for any other reasonably foreseeable loss or damage.

(b) If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

(a) In circumstances where the Australian Consumer Law does not apply to the provision of services to you, then to the greatest extent possible, any liability of Kelsian Group Limited and its related entities for any loss or damage, however caused (including by our negligence), suffered, or incurred by you:

1. in connection with the services are limited to, at our election:
   1. the fare you charged and/or paid for those services; or
   2. resupply of those services.
2. in connection with loss or damage to your luggage or belongings taken aboard the services is limited to $100.

(b) The limitation set out in clause subclause 14(a) above is an aggregate limit for all claims, whenever made.

(c) In circumstances where the Australian Consumer Law does not apply to the provision of services to you, then to the greatest extent allowable at law, neither party is liable to any person for consequential loss however caused (including by negligence) which is suffered or incurred by the other party in connection with the Terms & Conditions.

(d) To the greatest extent allowable at law, Kelsian Group Limited and its related entities are not liable for any loss or damage, however caused (including by negligence) which is suffered or incurred by you in connection with:

1. your failure to comply with these Terms & Conditions;
2. events that are outside of the reasonable control of Kelsian Group Limited and its related entities, including where such events lead to cancellation of services or deviations or delays in the services; or
3. the acts or omissions of any third party or independent contractor.

(e) Nothing in these Terms & Conditions excludes or limits SeaLink Whitsundays’ liability in respect of:

1. death or personal injury caused by SeaLink Whitsundays’ negligence or wrongful act; and
2. fraud or fraudulent misrepresentation,

except to the extent such liability is contributed to by you.

(f) You indemnify Kelsian Group Limited and its related entities against all penalties, fines, charges, losses, and expenses imposed upon or incurred by Kelsian Group Limited and its related entities because of your acts or omissions or the acts or omissions of any other person in your engagement or control.

(a) These Terms & Conditions are governed by the laws of Queensland, Australia and where applicable, the Commonwealth of Australia.

(b) If any provision of these Terms & Conditions is or becomes illegal, unenforceable or invalid in any jurisdiction, it is to be treated as being severed from these Terms & Conditions in the relevant jurisdiction, but the rest of these Terms & Conditions will not be affected.

(c) Specifying anything in these Terms & Conditions after the words ‘include’ or ‘for example’ or similar expressions does not limit what else is included.