CMV Australia

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Booking Terms & Conditions

Table of Contents
  • Definitions and Interpretation
  • Booking Conditions and Payment
  • Amendments and Cancellation By You
  • Amendments and Cancellation By Us
  • Booking Conditions and Payment
  • Your Health
  • Requirements to Travel
  • Behaviour
  • Timings and Delays
  • Participation in Activities
  • Limitation of Liability
  • Indemnity
  • Force Majeure
  • General Advice
  • Promotional Terms & Conditions

 

Recitals

These Booking Conditions set out important information about your Booking, including terms and conditions of the Booking and the Cruise itself. It is important that you read the document carefully to ensure you understand your rights and obligations with respect to your Booking and Cruise.

 

1. Definitions and Interpretation

1.1. In these Booking Conditions, unless the context otherwise requires:

  • "Activities" means any sports and recreational activities offered by a Carrier on a Cruise and includes the use of requisite equipment for such activities;
  • "Amendment Fee" means the fee stipulated as such in the schedule;
  • "Amendment Request" has the meaning given in clause 3.1;
  • "Balance" means the Price minus the Booking Deposit;
  • "Booker" means the person making a Booking for themselves and other Passengers (where applicable);
  • "Booking" means the booking for a Cruise you have made with us;
  • "Booking Conditions" means this agreement (including the recitals and the schedule), as amended from time to time. Available to view/download at www.cmvaustralia.com/main/booking-terms-conditions
  • "Booking Deposit" means the deposit amount you are required to pay us for the Booking at the time of making a Booking which forms part of the Price;
  • "Booking Hotline" means the phone number displayed on the Website through which a Booking can be made;
  • "Brochure" means an advertising brochure produced by us advertising the cruises we offer and the price and inclusions of such cruises;
  • "Carrier" means the operator of the Vessel, CMV Overseas Holdings Limited (Company number 08281955);
  • "Cancel" or "Cancellation" means the cancellation of the Booking;
  • "Cancellation Charge" means the amount payable by you to us for Cancellation, calculated on a percentage basis of the Price or a forfeiture of the Booking Deposit (as the case may be) according to the number of days prior to the Departure Date on which you notify us of Cancellation, as stipulated in the schedule;
  • "Company", "our", "we" and "us" means South Quay Travel & Leisure Limited (T/A CMV Australia) (A.R.B.N: 610 534 006);
  • "Confirmation Invoice" means the invoice we issue to you confirming your Booking, including the confirmed Passengers and Price for such Booking;
  • "Cruise" means the cruise the subject of the Booking;
  • "Departure Date" means the date the Cruise is scheduled to depart the departure port;
  • "Force Majeure Event" means any act of God, war, terrorism, fire, flood or any other extreme weather conditions, loss of power, epidemics or pandemics, industrial disputes, slow-downs or other strike activities, riots or civil unrest, acts of government, semi government or other authorities, inability to obtain any necessary licence or consent and delays caused by sub-contractors, Suppliers or other third parties (including telecommunications carriers), material shortages or other disruption to the Cruise beyond our control;
  • "Itinerary" means the itinerary for the Cruise issued by the Company, subject to any amendments made by the Company in its sole discretion from time to time;
  • "Master" means the individual(s) responsible for the navigation of the Vessel;
  • "Maximum Onboard Equipment" means the maximum number and value of mobility or medical equipment which Passengers in a single Cruise cabin can bring onboard the Vessel as specified in the schedule;
  • "Medical Condition" with respect to a Passenger includes, but is not limited to, any sickness, disease, injury or infirmity (bodily or mental), infection, contagious disease, or any other condition which is likely to impair the safety or reasonable comfort of other persons on-board the Vessel or which may restrict the Passenger from embarking or disembarking the Vessel at a port;
  • "Minor Change" means a change made by us to a Booking that is not a Major Change;
  • "Major Change" means a significant change made by us to a Booking and which is defined as a major change in the schedule;
  • "Passage Contract" means the contract between the Carrier and the Passenger. Available to view/download at www.cmvaustralia.com/passagecontract
  • "Passenger", "you" and "your" means those persons named in the Booking as passengers embarking on or who have embarked on the Cruise and includes the Booker;
  • "Personal Information" means information about any Passenger, including such Passenger’s name, address, phone number and other contact details, details of next of kin, passport details, credit or debit card details, and information in relation to health, medical needs, dietary requirements and any disabilities or other special requirements;
  • "Physical Disability" means a Passenger’s impaired mobility when using transport, as a result of a physical (sensory or locomotor, permanent or temporary), intellectual or psychosocial disability or impairment;
  • "Price" means the total amount paid or payable for the Booking and is the aggregate of the Booking Deposit and Balance;
  • "Special Request" means a special request that you make to us with respect to your Booking;
  • "Supplier" means any independent contractor engaged by us to provide products or services to a Passenger;
  • "Surcharge" means the credit card surcharge defined in the schedule;
  • "Travel Agent" means a travel agent we have authorised to take cruise bookings on our behalf;
  • "Vessel" means the ship on which the Cruise is conducted by the Carrier;
  • "Website" means the website defined in the schedule.

1.2. In these Booking Conditions, unless the context otherwise requires:
(a) headings are for convenience only and do not affect its interpretation or construction;
(b) the singular includes the plural and vice versa;
(c) references to recitals, clauses, subclauses, paragraphs, annexures or schedules are references to recitals, clauses, subclauses, paragraphs, annexures and schedules of or to these Booking Conditions;
(d) words importing a gender include other genders;
(e) the word "person" means a natural person and any association, body or entity whether incorporated or not;
(f) where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning;
(g) a reference to any statute, proclamation, rule, code, regulation or ordinance includes any amendment, consolidation, modification, re enactment or reprint of it or any statute, proclamation, rule, code, regulation or ordinance replacing it;
(h) "includes" is not a word of limitation;
(i) no rule of construction applies to the disadvantage of a party because these Booking Conditions are prepared by (or on behalf of) that party;
(j) a reference to any thing is a reference to the whole and each part of it;
(k) a reference to a group of persons is a reference to all of them collectively and to each of them individually; and
(l) a reference to "$" or a monetary amount is a reference to Australian currency and is inclusive of GST unless otherwise expressly stated in these Booking Conditions.

2. Booking Conditions and Payment

2.1. A Booker may make a Booking:
(a) by phoning the Booking Hotline;
(b) by booking on the Website; or
(c) through a Travel Agent.

2.2. A Booker must:
(a) be 18 years of age or older; and
(b) not be a person barred from entering into contracts under applicable legislation.

2.3. Where a Booker makes a Booking on behalf of other Passengers, they warrant they have:
(a) the authority to make the Booking on behalf of such Passengers; and
(b) provided such Passengers with a copy of the Booking Conditions (where such Passengers are over 18 years of age), prior to making the Booking.

2.4. Each Passenger warrants they have read, understood and are bound by these Booking Conditions and Passage Contract prior to making a Booking.

2.5. By accepting these Booking Conditions and Passage Contract, each Passenger agrees that this is clear and unequivocal proof that the terms and conditions contained herein are not unconscionable, that there is no unfair bargaining power or position, that there is no duress, and that they have carefully read and understood these Booking Conditions and Passage Contract.

2.6. If a Passenger does not understand any part of these Booking Conditions or Passage Contract, they should seek independent legal advice prior to making a Booking.

2.7. The Booker and each Passenger under the Booker’s Booking indemnifies us and the Carrier against any loss or damage arising from a breach of clauses 2.2 to 2.6 (as applicable).

2.8. You must pay the Booking Deposit at the time of making a Booking. We will only confirm your Booking once we have received your Booking Deposit by issuing you with a Confirmation Invoice.

2.9. You must pay the Balance by the date stipulated for such payment on the Confirmation Invoice.

2.10. When making payment of the Booking Deposit or Balance by debit or credit card, you will be liable to pay the Surcharge (if any) and all other fees and charges charged by your financial institution in making such payment (including foreign transaction processing fees, where we process your payment via a financial institution outside of Australia) (if any). We recommend you check the terms and conditions of undertaking such foreign transactions with your financial institution prior to making a payment to us.

2.11. If the Booking is made through a Travel Agent, the Travel Agent will forward the Price to us on your behalf. The payment of the Price by you to your Travel Agent is not considered to be payments by you to us. We will consider payment of the Price has been received by us, only when we receive such payment from your Travel Agent.

2.12. If you have a Special Request, you must advise us at the time of making the Booking. We cannot guarantee that a Special Request will be met unless we have specifically confirmed this in writing to you. Confirmation that a Special Request has been noted or passed on to the Supplier or the inclusion of the Special Request on your Confirmation Invoice or any other documentation is not confirmation that the request has been met. All Special Requests are subject to availability.

2.13. We act as the manager of your Booking and in that capacity we will contract with you as agent. You authorise us to enter into the Passage Contract on your behalf with the Carrier in respect of the Cruise. You acknowledge that we also act as the agent of the Carrier and you expressly waive any claims about conflict of interest, the basis of our remuneration or our acting in multiple capacities.

 

Amendments and Cancellation By You

Amendment

3.1. Should a Passenger wish to amend a Booking following receipt of the Confirmation Invoice, the Booker must send us written notice of such amendment request ("Amendment Request") as soon as reasonably practicable, but in any case prior to the Departure Date.

3.2. We cannot guarantee that we will be able to accommodate an Amendment Request. The accommodation of an Amendment Request is at our absolute discretion.

3.3. Where we accommodate an Amendment Request, each Passenger the subject of the Amendment Request will be required to pay us:
(a) the Amendment Fee;
(b) any difference in the Price as a result of the amendment to the Passenger’s Booking; and
(c) any additional fees and charges that a Supplier may impose either on the Passenger or on us as a result of the amendment to the Passenger’s Booking.

3.4. Where we cannot accommodate an Amendment Request, the Passenger may continue with their original Booking or Cancel the Booking, whereby they will incur the Cancellation Charge.

3.5. Certain Bookings may not be amended after the provision of the Confirmation Invoice and any amendment to such Bookings will be treated as a Cancellation and incur the Cancellation Charge.

Cancellation

3.6. A Passenger may Cancel a Booking by sending us written notice of Cancellation prior to the Departure Date.

3.7. A Passenger who Cancels a Booking in accordance with clause 3.6 will be liable for the Cancellation Charge.

3.8. Should a Passenger fail to Cancel a Booking prior to the Departure Date or fail to board the Cruise on the Departure Date, they will be liable for the Price.

 

4. Amendments and Cancellation By Us

4.1. We reserve the right to make Minor Changes, Major Changes or to Cancel Bookings at any time and from time to time in our absolute discretion. We will notify you as soon as reasonably practicable of such changes.

Amendments

4.2. Where we make a Major Change, we will provide you with the following options, where possible:
(a) you may accept the Major Change;
(b) you may purchase an alternative cruise of similar standard to your Cruise from us. If the chosen alternative cruise is:
(i)more expensive than your Cruise, you will be required to pay us the difference in Price; or
(ii) cheaper than your Cruise, you will receive a pro rata refund of the Price from us.
(c) you may Cancel the Booking for a full refund of the Price.

4.3. Where you are provided with the options under clause 4.2, you must notify us in writing of your choice of option within seven (7) days of receipt of our notification under clause 4.1.

4.4. Where you choose to:
(a) purchase an alternative cruise in accordance with clause 4.2 (b), any difference in price pursuant to: (i) clause 4.2(b)(i), must be paid to us; or (ii) clause 4.2(b)(ii), will be refunded to you, within fourteen (14) days of confirmation of your option in accordance with clause 4.3; (b) Cancel the Booking in accordance with clause 4.2(c), the Price will be refunded to you within fourteen (14) days of confirmation of your decision to Cancel in accordance with clause 4.3.

4.5. If you fail to comply with clauses 4.3 or 4.4, we will treat such failure as an acceptance of the Major Change.

Cancellations

4.6. Where we Cancel your Booking, we will refund the Price to you within fourteen (14) days of such Cancellation.

4.7. We are not liable for any loss, cost or damage a Passenger may suffer in connection with any Cancellation, Major Changes or Minor Changes.

 

5. Booking Conditions and Payment

5.1. The Price does not include travel insurance, optional shore excursions, expenditure of a personal nature such as drinks, gifts, shopping, laundry, communications such as telephone calls and emails, visa charges, medical assistance, vaccinations and gratuities.

5.2. All Passengers are required to have appropriate travel insurance prior to embarking on the Cruise or they will not be permitted to embark on the Cruise. All travel insurance policies must include cover for cruising, cancellation charges and the costs of assistance, including repatriation, in an emergency and for all conditions including those which are preexisting. You must provide evidence of your travel insurance policy to us upon our request.

 

6. Your Health

6.1. At the time of Booking, a Booker must disclose to the Company if any Passenger on their Booking:
(a) has a Physical Disability or Medical Condition;
(b) needs assistance, special facilities or equipment with respect to accommodation, seating or services; or
(c) is required to bring medical equipment on the Cruise.

6.2. The Company and the Carrier reserve the right to Cancel a Booking of or refuse passage to any Passenger who:
(a) does not provide the disclosures in accordance with clause 6.1;
(b) in the Company’s, Carrier’s or Master’s opinion is unfit or unable to travel or as a result of their Medical Condition, may seriously affect the enjoyment, health or safety of themselves or any other person on board; or
(c) has a condition (including a Medical Condition or Physical Disability) which may constitute a danger to themselves or others on-board the Vessel.

6.3. A Booker warrants that all Passengers under the Booker’s Booking are physically fit to travel by sea on the Departure Date and that the conduct or any Medical Condition (including a Physical Disability) of such Passengers will not impair the safety of the Vessel or inconvenience other Passengers. The Company and the Carrier reserve the right to request medical evidence of fitness to travel from all Passengers.

6.4. If during the Cruise, it is evident to the Company, Carrier, Master or the Vessel’s doctor that a Passenger is for any reason unfit to travel, likely to endanger safety, or likely to be refused permission to disembark at any port, or likely to render the Carrier liable in any manner, then the Carrier or the Master shall have the right to take any of the following courses of action:
(a) refuse to embark the Passenger at any port;
(b) disembark the Passenger at any port;
(c) transfer the Passenger to another berth or cabin;
(d) if the Vessel’s doctor considers it advisable to place or confine such person in the Vessel’s hospital or to transfer the Passenger to a health facility at any port, at the Passengers expense; and
(e) to administer first aid and any drug, medicine or other substance or to admit and/or confine the Passenger to a hospital or other similar institution at any port, provided that the Vessel’s doctor or Master considers such action necessary, in their absolute direction.

6.5. The Carrier may decline to carry any medical equipment where, in its reasonable opinion, it is not safe to do so or notification has not been provided in accordance with clause

6.1. Where any medical, mobility or other equipment is lost or damaged by the fault or neglect of the Company then it is the Company’s or Carrier’s absolute decision as to whether to repair or replace such equipment.

6.6.Unless the Company or the Carrier agree otherwise in writing, Passengers are limited to bringing the Maximum Onboard Equipment onboard the Cruise.

6.7. The Company and the Carrier reserve the right to require any Passenger, who is not self-sufficient, to travel with a companion, who shall take responsibility for any assistance such Passenger may need during the Cruise. If the Passenger cannot be carried safely and in accordance with applicable safety requirements and occupational health and safety laws as they apply at the time, then the Company or theCarrier has the right to refuse to accept such Passenger’s Booking or the embarkation of such Passenger.

6.8. Pregnant Passengers should seek medical advice prior to embarking on the Cruise. The Carrier cannot carry pregnant Passengers over twenty eight (28) weeks’ gestation. The Carrier reserves the right to request a medical certificate at any stage of the pregnancy and to refuse passage of such Passengers if the Carrier or Master is of the opinion that the Passenger may be unsafe during the Cruise.

6.9. In the event of illness or accident, Passengers may have to be landed ashore by the Carrier or Master to receive medical treatment. Medical facilities and standards vary from port to port and the Company makes no representations or warranties in relation to such standards.

 

7. Requirements to Travel

7.1. You must obtain the appropriate documentation to visit each of the destinations on your selected Itinerary such as passports and visas prior to your Cruise. You may also require particular vaccinations to be allowedentry into a port on your Itinerary. It is your sole responsibility to make the necessary enquiries and get the requisite documents or vaccinations required for each port on the Itinerary. We will not be liable for any costs, loss or damages as a result of or in connection with your failure to get the requisite documents or vaccinations required for each port on the Itinerary.

 

8. Behaviour

8.1. If in our opinion a Passenger’s behaviour is causing or is likely to cause distress, danger or annoyance to any other passenger or crew member on the Cruise or any third party, or cause damage to property, or cause a delay or diversion to transportation, we reserve the right to terminate such Passenger’s Booking immediately.

8.2. In the event of a termination of a Passenger’s Booking in accordance with clause 8.1, our liability to the Passenger will cease immediately. In such a case, we will not provide a refund or pay any expenses or costs incurred as a result of such termination. A Passenger may also be required to pay us for loss or damage caused by a Passenger’s actions and we will hold the Booker and each Passenger on the Booker’s Booking, jointly and individually, liable for any damage or loss caused. Full payment for any such damage or loss caused by the Booker or a Passenger on the Booker’s Booking must be paid to the Carrier immediately following notification from the Carrier of any such damage or loss occurring.

8.3. If a payment in accordance with clause 8.2 is not received by the Carrier as directed by the Carrier, You will be responsible for meeting any claims (including legal costs on an indemnity basis) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you.

8.4. We will not be held responsible for the actions or behaviour of other passengers or individuals on your Cruise.

 

9. Timings and Delays

9.1. Timings of events contained in Brochures, Itineraries or any other documentation we provide to you are estimates only and cannot be guaranteed. They may be changed due to availability, regulatory authority requirements, weather conditions, maintenance or technical reasons and the ability of Passengers to check in and board on time. We will not be liable for any such changes.

 

10. Participation in Activities

10.1. Passengers who participate in Activities, acknowledge that:
(a) there are risks and dangers involved in their participation in Activities, and such participation can result in serious injury and death;
(b) the Company nor the Carrier guarantee the safety or welfare of Passengers undertaking any Activities;
(c) Passengers shall knowingly and voluntarily assume the risk of and shall indemnify the Company and the Carrier against any claims made as a result participation in the Activities;
(d) Passengers shall acquire the training necessary to participate in Activities and shall follow the rules and procedures provided by the Carrier;
(e) the Company and the Carrier shall accept no responsibility for the Passenger’s failure to abide by governmental rules, regulations and restrictions concerning Activities;
(f) the Master has sole discretion in deciding which Passengers can participate in Activities; and
(g) Passengers may be required to sign an indemnity and release before being allowed to participate in any Activity.

 

11. Limitation of Liability

11.1. Nothing in these Booking Conditions or the Passage Contract operates to exclude, restrict or modify the application of any provision of the Competition and Consumer Act 2010 (Cth) or any equivalent State or Territory legislation, the exercise of a right conferred by such a provision, or any of our liability for breach of guarantee, condition or warranty implied by such a provision, where it is unlawful to do so. All exclusions and limitations of our liability under the Passage Contract must be read subject to this clause.

11.2. To the fullest extent permitted by law, we will not be liable for any loss, damage, claim, cost or liability whatsoever, regardless of whether such claim arises out of breach of contract, infringement, tort, strict liability or otherwise, including but not limited to any loss of profit, opportunity, personal injury or property damage, whether direct, indirect, incidental, special, consequential, exemplary or punitive, regardless of whether we have been advised of the possibility of such damages, as a result of or in connection with the Booking or Cruise, including but not limited to:
(a) any change to the Itinerary, including Cruise delays;
(b) any loss or damage to your baggage or belongings;
(c) any personal injury or death resulting from the acts or omissions or negligence of any third parties providing goods or services to you during the holiday including air carriers, hotels, shore excursion operators, restauranteurs, transportation providers and medical personnel;
(d) any disappointment or loss of enjoyment;
(e) anything beyond our reasonable control;
(f) any third party;
(g) any termination or breach of this Agreement by you; or
(h) any act, omission, negligence or failure by you.

11.3. For the avoidance of doubt, we do not own or operate the Vessel and accept no responsibility whatsoever for the acts or omissions, including negligence, of the Carrier.

11.4. To the extent permitted by law, our maximum liability to you shall be limited to the Price.

11.5. This clause shall survive termination of these Booking Conditions.

 

12. Indemnity

12.1. You undertake and agree to indemnify, defend and hold us harmless against any loss, damage, claim, cost, expense, fee or liability, including but not limited to any claim, demand or action by a third party, any personal injury claim, or any court or legal costs, incurred by or brought against us, whether as a direct or indirect result of or in connection with any breach of these Booking Conditions any wilful, incidental, illegal or negligent act or omission by a Passenger.

12.2. You agree and accept that the indemnity provided in this clause is reasonable.

12.3. This clause will survive termination of this Agreement.

 

13. Force Majeure

13.1. If, by reason of any event of Force Majeure which was outside the control of the Company, Carrier or Supplier results in the delay of, or prevention from, performing any of the provisions of these Booking Conditions:
(a) then such a delay of performance shall not be deemed to be a breach of these Booking Conditions;
(b) no loss or damage shall be claimed by the Passenger from us by reason thereof; and
(c) we shall use our best endeavours to minimise and reduce any period of suspension occasioned by any event of Force Majeure.

 

14. General Advice

14.1. The Booking Conditions and the Passage Contract constitute the entire agreement between the Parties and supersede all and any prior agreement, arrangement, representation or understanding with respect to the Booking, the Cruise or any other associated matter.

14.2. Any provision of, or the application of any provision of these Booking Conditions which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.

14.3. Any provision of, or the application of any provision of these Booking Conditions which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.

14.4. If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in these Booking Conditions.

14.5. We may only waive a right or remedy under these Booking Conditions in writing. Our delay in exercising a right or remedy does not constitute a waiver of that right or remedy, nor does any waiver by us (either wholly or in part) operate as a subsequent waiver of the same or any right.

14.6. These Booking Conditions are governed by the laws in force in New South Wales. The Parties submit to the nonexclusive jurisdiction of the courts of New South Wales.

14.7. Any term which is, by its nature, intended to survive termination of the Booking Conditions survives termination.

 

Refund Terms & Discounted Fares

In the event of a cancellation, you will have to pay the applicable cancellation charges up to the maximum shown below (The cancellation charge detailed is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums and amendment charges which are not refundable in the event of the person(s) to whom they apply cancelling):

 

Date Cancellation ReceivedCancellation Charges
More than 90 days before departure Loss of Deposit
71-89 days before departure 30% of total fare
50-70 days before departure 50% of total fare
29-49 days before departure 75% of total fare
28 days or less before departure 100% of total fare

If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. We will deduct the cancellation charge(s) from any monies you have already paid to us.

 

Name/Cabin change fee

In the event we can meet your requested change, you will have to pay $100 per person per change as well as any applicable rate changes or extra costs incurred as well as any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. Within 90 days of departure, administration charges will increase to approximately 25% of the total cruise fare. Only one amendment per booking can be made and within 90 days changes may not be approved. Please note that any requested amendments will be approved at our discretion.

No refunds will be made for tickets or services booked but not used, or for insurance premiums or alteration charges.

Note: Certain arrangements may not be amended after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charges detailed above.

 

Major Change

A Major Change means the following changes to your Booking:

  1. a change of accommodation to that of a lower official classification or standard for the whole or a major part of your Cruise;
  2. a change of scheduled outward departure time of twelve or more hours;
  3. a change of Australian departure point to one which is significantly less convenient for you; and
  4. a significant change of your Itinerary, such as missing out one or more major destination substantially or altogether.

 

Credit Card Surcharge

We do not currently charge you a fee to process credit cards.

 

Maximum Onboard Equipment:

Two (2) items for mobility or medical equipment on board per cabin with a total value not exceeding $3,300.00.

 

15. Promotional Terms & Conditions

N/A