Terms and Conditions

TERMS AND CONDITIONS

Sailaway Sydney terms and conditions, effective 1 January 2016 and subject to change.

 

DEFINITIONS:

  • ‘Company’ means Sailaway Sydney Pty Ltd and, where the context requires, its employees or agents.
  • ‘Passenger’ means any person or persons who has purchased a valid ticket for a service provided by Sailaway Sydney Pty Ltd
  • ‘Skipper’ means the qualified person in charge of the vessel who has entered into a contractual or employment relationship with Sailaway Sydney Pty Ltd to provide services on the Company’s behalf
  • ‘Vessel’ means the sailing boat (HIN: DE-BAVG33U1H516) that Sailaway Sydney Pty Ltd has leased to provide the sailing tour to the passengers

BOOKINGS, CANCELLATIONS, CHANGES AND REFUNDS

  1. Payment in full is required at time of booking
  2. All prices are quoted in Australian Dollars and include Australian Goods and Services Tax. 
  3. Bookings can be cancelled or postponed if written notice is provided to Sailaway Sydney and confirmed by the company. Cancellations of postponements lodged more than 14 days prior to departure will receive a full refund. Cancellations or postponements received less than 14 days prior to arrival will result in the forfeiture of the full fee.
  4. Bookings are transferable with prior written notice to the Company
  5. No refunds will be available for passengers who do not show.
  6. The vessel will sail in wet weather - tickets will not be refunded due to rain. Bring wet weather gear if it looks like rain, it is all part of the adventure.
  7. In the unlikely event we cancel a trip due to extreme weather or other circumstances beyond our control, no refunds will be made. Passengers will be invited to remain on board to enjoy the facilities and will receive a 50% discount for a future booking.
  8. Promotional vouchers are not valid for public holidays

GENERAL TERMS OF CARRIAGE

  1. Our sailing tours 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 vessel. To the extent permitted by law, the Company, its related entities, employees and agents shall not be liable for any claims, losses, damages, injuries, costs and expenses suffered, sustained or incurred (including but not limited to indirect or consequential) as a result of, or arising out of, or in any way connected with the cruise. The Passenger releases the Company for any claim whatsoever and howsoever incurred including but not limited to a claim for death bodily injury damage or loss of property during embarkation and/or disembarkation to or from the vessel and/or at all times whilst onboard the vessel itself, unless caused by wilful misconduct or reckless disregard of the Company. In the event of breach of any of these terms by the Company, or a failure in whole or in part to provide any service that the company contracted to provide (either expressly or by implication), the remedy for any such breach of any term shall be limited only to the contractual value of the performance of service or obligation that was not performed by the Company, or alternatively part value of the service where there was partial performance of the service or obligation by the Company. Any liability shall be assessed by the Company’s own value of the service and/or obligation or part thereof that is the subject of any claim.
  2. This activity is not recommended for pregnant women and people with certain medical conditions. By boarding the vessel, passengers declare to the company that they are in a fit and healthy state to undertake a recreational adventure activity of this nature and that they have no pre existing medical condition or injury which would adversely affect their competence on the vessel during the duration of the recreational activity.
  3. The passenger acknowledges that he/she has read the risk warning set out below in bold and capital letters and that the warning constitutes a risk warning under the Civil Liabilities Act, 2002. It is also acknowledged that the risk warning has not been contradicted by any representation made by or on behalf of the Company.
  4. RISK WARNING: RECREATIONAL ACTIVITIES (INCLUDING SAILING) INVOLVE A SIGNIFICANT RISK OF PHYSICAL HARM OR PERSONAL INJURY INCLUDING PERMANENT DISABILITY AND/OR DEATH TO PARTICIPANTS. ANY SUCH INJURY OR LOSS MAY RESULT NOT ONLY FROM YOUR ACTIONS BUT FROM THE ACTION, OMISSION OR NEGLIGENCE OF OTHERS. PLEASE READ AND OBEY ALL SIGNS AND FOLLOW ALL DIRECTIONS GIVEN BY THE COMPANY OR ITS EMPLOYEES, CONTRACTORS, REPRESENTATIVES OR AGENTS
  5. By boarding our vessel, you agree to comply with all reasonable requests made by us and/or the skipper of the vessel.
  6. Children under the age of 16 must be accompanied by an adult
  7. Children must be over 4yo
  8. All departures are subject to wind and weather conditions
  9. Passengers must not bring any illegal substances onto the vessel.
  10. Smoking is not permitted aboard the vessel
  11. No sharp heeled or black shoes will be permitted.
  12. The Company reserves the right to alter the usual sailing program including routes and choice of sails used or cancel any departures in the interest of passenger safety and comfort
  13. The Company reserves the right to refuse admission to any person we deem unsuitable to participate in this activity. This is at the discretion of the skipper
  14. The Company reserves the right to substitute yachts at any time to accommodate maintenance and other issues to ensure the ability to operate safely at all times.
  15. The Company Sydney reserves the right to refuse to carry any passenger who is intoxicated prior to departure.
  16. The Company Sydney reserves the right to end a trip prematurely and return guests to shore should they cause concern for their safety and the safety of others.
  17. Offensive behaviour will not be accepted. This includes passengers that behave in any way that interrupts the enjoyment of the experience for other people. If a passenger behaves in a way that negatively impacts others, the skipper will take all reasonable actions to remove the offending passenger from our vessel at their expense and/or notify the relevant authorities to receive the offending passenger onshore and dealt with accordingly
  18. Passengers may be filmed/photographed during the cruise. Sailaway Sydney Pty Ltd reserves the right to use or reproduce such film/photos for any purpose without notification, compensation or payment.
  19. Passengers must be at the appointed boarding destination 15 minutes prior to the scheduled departure time. Sailaway Sydney Pty Ltd will not wait for late arrivals.
  20. 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. 
  21. If any of these provisions are 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 will prevail to the extent of the inconsistency. No waiver or variation of this agreement will have binding effect unless such waiver or agreement is in writing and signed by us.