Terms and Conditions
Calypso Reef Charters Pty Ltd & Experience Daintree Pty Ltd REFUND POLICY :
- If a passenger cancels a tour within the 24 hour period, a cancellation fee of 100% applies.
- If a passenger cancels a tour outside the 24 hour period, passengers have the option of changing their day of travel or will be provided with a refund in the same form that payment was made.
- Should passengers not turn up to the specified pick up point or departure point without notification within the 24 hour period, a full cancellation fee will apply.
- On rare occasions, services can be subject to the effect of weather or unforeseen circumstances. If a tour is cancelled by the owner/operator for any reason, passengers will be offered a full refund or an alternative day of travel.
- Refunds can only be given to the person or company that made the booking and payment.
- IN ALL CASES NO REFUNDS WILL BE GIVEN FOR 'NO SHOWS'
1. Scope of Terms
a) The following Terms and Conditions govern the services provided by Calypso Reef Charters Pty Ltd and Experience Daintree Pty Ltd or either or both of them, severally or jointly as may be applicable from time to time (“Tropical Journeys”, referred to in this Agreement in the singular or plural, mutatis mutandis) to you (“the Customer”).
b) These Terms and Conditions shall prevail over any other Terms and Conditions including those implied by statute to the extent permissible by law. Where there are additional Terms and Conditions reduced to writing between the parties, all written terms shall apply, save to the extent where there is inconsistency between these terms and any other written agreement, in which case, this Agreement will apply.
c) If any provision of these Terms and Conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
d) The Customer agrees and acknowledges that any and all representations and warranties made in respect of the subject matter of this Agreement are deemed to be subsumed in this document, with the purpose that this document forms an entire agreement as to its subject matter.
e) Any terms imposed by statute capable of being negatived in contract are negatived by the Agreement of the parties on acceptance of these Terms and Conditions, including but not limited to any applicable provisions of the Competition and Consumer Act 2010.
f) Where Tropical Journeys are not able to exclude a guarantee, term, condition, warranty, undertaking, inducement or representation imposed by legislation in relation to this Agreement, (‘Non-Excludable Provision’), and Tropical Journeys are able to limit the Customer’s remedy for a breach of the Non-Excludable Provision, then Tropical Journeys’ liability for breach of the Non-Excludable Provision is limited to, at Tropical Journeys sole and absolute discretion or election, a full refund for the services provided by Tropical Journeys
g) To the extent that these Terms and Conditions are subject to any statute relating to unfair contract terms, the parties agree and acknowledge that:
(i) The parties had an opportunity to review these Terms and Conditions prior to their acceptance
(ii) The terms included herein are fair and balanced between the parties, properly protecting the legitimate commercial interests of both parties.
h) Subject to Tropical Journeys obligations under the Non-Excludable Provisions and to the maximum extent permitted by law, Tropical Journeys’ maximum aggregate liability for all claims under or relating to this Agreement or its subject matter, whether in contract, tort (including, without limitation, in negligence), in equity, under statute or under an indemnity, is limited to an amount equal to the fees paid by the Customer under this Agreement.
2. Payment and Cancellation
a) By entering into a contract with Tropical Journeys, the Customer reserves a place on a tour, provided by Tropical Journeys, selected by the Customer of those tours provided.
b) Payment to Tropical Journeys of the price specified for that tour is required at the time of entry into this Agreement.
c) All amounts payable under this Agreement are exclusive of GST. If GST is imposed on any supply made under this Agreement, the recipient of the taxable supply must pay to the supplier (in addition to the consideration otherwise payable for that supply under this Agreement and at the same time as that consideration is payable) an amount equal to the GST payable on the taxable supply.
d) In the event that the Customer gives notice to Tropical Journeys at any time prior to the date which is twenty-four (24) hours prior to the reserved date that they or any Passenger are unable to attend a reserved tour, Tropical Journeys will issue a full refund for the amount paid in respect of that Customer or Passenger.
e) In the event that the Customer gives notice less than twenty-four (24) hours prior to the tour reserved by this Agreement, the full fee will be charged, in consideration of the reserved place on the tour which Tropical Journeys might otherwise have sold.
f) Tropical Journeys may cancel a booking at any time. The Customer agrees and acknowledges that booked tours can be affected by inclement weather, safety concerns, transit availability, force majeure and other factors beyond Tropical Journeys’ control. In the event that Tropical Journeys cancels a booking, tour or event, Tropical Journeys must issue a full refund to the Customer. This refund shall be the sole and absolute liability of Tropical Journeys to the Customer in respect of any cancellation, and the Customer releases and forever holds Tropical Journeys harmless in respect of any loss, liability, cost, damage or expense arising out of that cancellation.
g) All tours are subject to minimum number requirements and are subject to cancellation by Tropical Journeys if minimum numbers are not met.
h) Notwithstanding any other provision of these Terms and Conditions, any prepayment of the Great Barrier Reef Marine Park Authority’s Environmental Management Charge for any Customer or Passenger will be refunded in any circumstance of non-attendance by that Customer or Passenger.
3. Carriage Conditions
a) When booking through Tropical Journeys, a Customer may nominate any number of Passengers for whom they are booking a tour, on the basis of booking a ticket for each of them.
b) By attending any tour or event, or part thereof, the Customer and any Passenger is deemed to have agreed to these terms and conditions, and it is a condition of carriage or participation that they are fully bound to the conditions hereunto.
c) The Customer warrants that they have provided copies of these terms and conditions to each Passenger that they may have nominated, and indemnify and shall keep and hold Tropical Journeys indemnified in respect of any loss or damage sustained on the basis of a failure to provide these terms and conditions to a Passenger and obtain their agreement to be bound by those terms before attending a tour or event.
d) Tropical Journeys may at any time refuse a Customer or Passenger entry, access or participation to any tour or event, or any part thereof, including use of or admission to any vehicle, if, in Tropical Journeys’ sole discretion it is determined:
- (i) A Customer or their Passenger is intoxicated, abusive or threatening any of the employees or Passengers;
- (ii) A Customer or their Passenger ignores or disregards any lawful and reasonable direction of Tropical Journeys or any tour operator, driver, crew or other person responsible for providing a Tour;
- (iii) A Customer or their Passenger breaches these Terms and Conditions of service; or
- (iv) A Customer or their Passenger represents a risk to the health and safety of themselves or any other Passenger.
e) Any representations made about tours and availability are subject to change. Tropical Journeys reserve the right to alter schedules, prices and substitute one vehicle/vessel for another if considered necessary and without notice.
f) The Customer and any Passengers shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the tour.
4. Liability and Indemnity
a) The Customer hereby releases and holds forever harmless Tropical Journeys and/or its owners, employees, servants and agents and operators in respect of any and all liability for:
- (i) any injury to, or death of, any person, including the Customer and any Passengers;
- (ii) loss of or damage to luggage, equipment or any other personal property; and/or
- (iii) consequential loss or disruption to travel plans or scheduling; whether during embarking, carriage, in-water activities, external tour activities, disembarking or otherwise arising out of or in connection with the services provided by Tropical Journeys, save and except for any loss or damage directly caused by the negligent act or omission of Tropical Journeys.
b) The Customer agrees to indemnify and keep and hold Tropical Journeys indemnified against all costs, loss, damage or expense (including solicitor and own client costs, commercial agent commissions, insurance, loss of profit and interest) incurred by Tropical Journeys as a result of the Customer’s breach of these Terms and Conditions, or any claim brought or proceedings instituted by the Customer or their Passengers in relation to matters subject to these releases.
5. Health, Safety and Participation
a) In addition to the limitations of Clause 3(b)(iv) of these Terms and Conditions, Tropical Journeys explicitly reserves the right to refuse the carriage of infants/small children and wheelchair bound Passengers, on certain tours as may be nominated from time-to-time.
b) Tours provided by Tropical Journeys can pose a legitimate risk to health and safety of infant children or wheelchair bound Passengers, and it is not practicable to make adjustments to the natural environment, or otherwise provide safety on certain group tours.
c) Customers agree and acknowledge that this is subject to the unjustifiable hardship exemption pursuant to section 29A of the Disability Discrimination Act 1992, a necessary discharge of Tropical Journeys’ obligations pursuant to the Work Health and Safety Act 2011, and represents a protection of workplace health and safety for the purposes of section 108 of the Anti-Discrimination Act 1991 and direct compliance with state legislation pursuant to section 39(6) of the Age Discrimination Act 2004.
d) In some circumstances, private charters may be able to be arranged for wheelchair bound or infant Passengers. Please call reservations for further information (07) 4099 6999.
a) This Agreement shall be subject to the laws of the state of Queensland, and the parties submit to the non-exclusive jurisdiction of the courts of the state of Queensland.
b) The failure by Tropical Journeys to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect Tropical Journeys’ right to subsequently enforce that provision.
c) To avoid any doubt, acceptance of these Terms and Conditions will form the Agreement, an enforceable contract, including by way of electronic communication, or acceptance of the Terms and Conditions via an online Interface or app.
ONLINE INTERFACE TERMS
1. Use of the Interface
a) By way of Tropical Journeys’ online functionalities (including the website at www.tropicaljourneys.com and any associated app software that may be available from time to time), collectively called “the Interface”, Customers may book tours or purchase other products and services.
b) Customers must be able to form legally binding contracts to use the Interface. This means a Customer must not use the Interface if they are:
- (i) under 18 years of age;
- (ii) an undischarged bankrupt; or
- (iii) under any type of insolvency administration, where they are a company.
c) Making a booking or otherwise purchasing a product or service through the Interface constitutes acceptance by you of the terms and conditions in the General Terms and Conditions and acceptance of these General Terms and Conditions forms a binding legal contract between you and Tropical Journeys.
d) Customers must not:
- (i) use the Interface in breach of any applicable laws or regulations;
- (ii) use the Interface (or material obtained from the Interface):
- a. to transmit (or authorise the transmission of) "junk mail," "chain letters," unsolicited emails, instant messaging, "spimming," or "spamming";
- b. to impersonate any person or entity;
- c. to solicit money, passwords or personal information from any person;
- d. to harm, abuse, harass, stalk, threaten or otherwise offend others;
- e. for any unlawful purpose;
- f. contains large amounts of untargeted, unwanted or repetitive content;
- g. contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware; or
- h. interfere with, disrupt, or create an undue burden on the Interface;
- (iii) use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Interface;
- (iv) use the Interface with the assistance of any automated scripting tool or software;
- (v) frame or mirror any part of the Interface without Tropical Journeys’ prior written authorisation;
- (vi) use any device, software or instruction to interfere or attempt to interfere with the proper working of the Interface, or any transaction being carried out on the Interface;
- (vii) use code or other devices containing any reference to the Interface to direct other persons to any other web page;
- (viii) except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Interface or cause any other person to do so; or
- (ix) delete any attributions or legal or proprietary notices on the Interface.
a) It is illegal to pay the price of any services or any other amount payable pursuant to these Terms and Conditions with invalid or stolen financial information on the Interface or via any available payment system.
b) Such a use or any other illegal or fraudulent use of the Interface is a breach of these Terms and Conditions. Tropical Journeys reserves the right to refer fraudulent users to the police and to any relevant Internet Service Provider.
c) Applicable payment systems may have their own terms of service. Compliance with those terms of service is a requirement of these Terms and Conditions.
a) Customers should carefully preview any proposed bookings or orders before proceeding with a booking or purchase.
b) Representations of services, bookings, tours or products for sale made by Tropical Journeys via the Interface do not constitute an offer to sell. No contract is finalised between Tropical Journeys and the Customer until such time as a booking is fully made and validly confirmed.
c) Customers can enter into a contract via the Interface by:
- (i) placing an electronic booking for the service using the website;
- (ii) confirming the booking or purchase details in accordance with the procedure on the website;
- (iii) making payment in full on the website; and
- (iv) acceptance of that offer by Tropical Journeys in the form of a returned booking confirmation statement.
d) The placing of an electronic booking constitutes acceptance by a Customer of the general Terms and Conditions, located in the General Terms and Conditions.
e) Once Tropical Journeys have processed a Customer booking, the Customer may only cancel a booking in accordance with the provisions of the General Terms and Conditions.
a) Tropical Journeys is not responsible for items not received, or contracts not entered into or processed or accepted due to technical difficulties. In particular, Tropical Journeys is not responsible for any loss, liability or damage incurred by any Customer in relation to a booking not received, processed or accepted due to technical difficulties, and each and every Customer releases Tropical Journeys from any and all claims, liabilities, costs, losses damage or expense arising out of any technical problems with the Interface.
b) Tropical Journeys provides the Interface without any express or implied warranty or condition concerning the capacity or availability of the Interface at any given time.
c) Tropical Journeys does not guarantee continuous, uninterrupted or secure access to the Interface. Operation of the Interface may be restricted by factors outside of Tropical Journeys’ control or during maintenance.
d) Customers acknowledge that the internet can be an unstable and, sometimes, insecure environment. At times the Interface may not be available and offers may not be processed or accepted.
e) Tropical Journeys does not and cannot guarantee that it will notice or be able to prevent any illegal or inappropriate use of the Interface.
f) Tropical Journeys does not and cannot guarantee the preservation of any record in the Interface.
g) To the extent permitted by law, Tropical Journeys is not liable to the Customer in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason.
h) Tropical Journeys may act on and process all completed electronic instructions transmitted or issued through the Interface without further consent from or reference or communication to any Customer or third party.
i) Tropical Journeys may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
j) Customers may contact our reservations team at email@example.com to request further information in relation to any queries regarding their booking or reservation.
k) If a Customer’s booking is not accepted by Tropical Journeys, Tropical Journeys will notify that Customer by telephone or email and arrange for a full refund of any payment made by that Customer to be processed.
l) Tropical Journeys may, in its sole and absolute discretion, accept or reject any booking made by a Customer for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in that Customer’s booking.