1. DEFINITIONS & INTERPRETATION
(a) In these terms and conditions the following words and phrases shall have the following meanings:
“Agreement” shall mean the agreement comprised in the Ticket and these terms and conditions.
“Australian Consumer Law” means the Australian Consumer Law as set out in the Competition and Consumer Act 2010 (Cth) and/or the Australian Consumer Law (WA) as set out in the Fair Trading Act 2010 (WA), whichever is applicable.
“the Company” shall mean Wadjemup Trading Pty Ltd as trustee for the Wadjemup Unit Trust (ACN 123 484 515) trading as Rottnest Express.
“Goods” shall mean any goods or equipment owned by or in the possession of the Passenger which the Passenger brings on board or causes to be brought on board the Vessel;
“Master” shall mean the master of the Vessel;
“Party or Parties” shall mean the Parties to this Agreement and may be used interchangeably;
“Passenger” shall mean the person named as Passenger on the ticket which is on the reverse or attached to these terms and conditions or pursuant to which the Passenger is entitled to travel on the Vessel;
“Recreational Services” shall mean services that consist of participation in the activities referred to in Section 139A of the Competition and Consumer Act 2010 (Cth). For the avoidance of doubt “Recreational Services” are services that consist of participation in:
(a) a sporting activity or similar leisure time pursuit; or
(b) any other activity that:
(i) involves a significant degree of physical exertion or physical risk; and
(ii) is undertaken for the purposes of recreation, enjoyment or leisure.
“Services” shall mean all services provided by the Company to the Passenger including the carriage of the Passenger and the Goods;
“Sub-Contractor” shall include any person who pursuant to a contract or arrangement with any other person (whether or not the Company) performs or agrees to perform the Services or any part thereof;
“Ticket” shall mean the Passenger Ticket issued by Rottnest Express Customer Service at terminal locations or the document which has been issued electronically to the Passenger entitling the Passenger to travel on the Vessel;
“Vessel” shall mean the Vessel named on the Ticket.
(b) Words importing the singular include the plural and vice versa.
(c) Words importing a gender include any gender.
(d) An expression importing a natural person includes any company, partnership, joint venture, association, corporation or other body corporate and any Governmental authority or agency.
(e) A reference to a statute, regulation, proclamation, ordinance or by-law includes all statutes, regulations, proclamations, ordinances or by-laws amending, consolidating or replacing it, and a reference to a statute includes all regulations, proclamations, ordinances and by-laws issued pursuant to that statute.
(f) A reference to a Party includes that Party’s executors, administrators, substitutes, successors and permitted assigns.
(g) A covenant or agreement on the part of two or more persons binds them jointly and severally.
2. NEGATION OF LIABILITY AS A COMMON CARRIER
The Company is not a common carrier and will accept no liability as such. All Services are provided by the Company subject to these terms and conditions and the Company reserves the right to refuse the provision of Services to any person or the carriage or transfer of any person or Goods at its discretion and without giving any reason therefor.
3. AUSTRALIAN CONSUMER LAW
(a) Under the Australian Consumer Law there are certain consumer guarantees in contracts for the supply of goods and/or services (“Consumer Guarantees”).
(b) The Company acknowledges and the Passenger and the Company agree that nothing in this Agreement purports to modify or exclude the Consumer Guarantees and the Company shall continue to be subject to any Consumer Guarantees as are applicable to the supply of goods or services by the Company to the Passenger.
(c) Except as expressly set out in this Agreement and subject to any Consumer Guarantees the Company gives or makes no warranties or other representations under this Agreement including but not limited to the quality or suitability of the Services or any goods supplied by the Company to the Passenger and the liability of the Company is limited to the fullest extent permitted by law.
4. UNFAIR CONTRACT TERMS
(a) If any law including the Australian Consumer Law making unfair contract terms void could apply to a term in this Agreement the following provisions apply to interpreting that term.
(i) If the law would make the term void because the term permits the Company to exercise a right or discretion in a way or to an extent that would cause detriment to the Passenger contrary to that law, the term shall be read down and construed so as not to permit the Company to exercise the right or discretion in such a way or to such an extent but otherwise the term shall be construed as permitting the Company to exercise the right or discretion in all ways and to any extent consistent with the term.
(ii) If the law would make the term void because the term imposed a particular amount for a fee or charge, the term shall be read down and construed as authorizing the maximum amount for that fee or charge which would not cause the term to be void.
(iii) If the law would make the term void because it authorised the Company to recover costs or losses or damages to be calculated by the Company in a specified way or in a way the Company chose, the term shall be read down and construed as authorising the Company to recover the maximum reasonable costs, losses and damages to be calculated in a reasonable way that did not cause the term to be void.
(iv) If, despite the application of sub-clauses (a)(i), (ii) or (iii) hereof to the term, the law would make the term void, the term is to be read down and construed as if it were varied, to the minimum extent necessary, so that the term is not void.
(v) if despite the application of sub-clauses (a)(i), (ii), (iii) or (iv) hereof to the term the law would make the term void then the term shall not apply and shall be severed from these terms and conditions.
(b) These reading down provisions apply before any other reading down or severance provision in this Agreement.
In purchasing the Ticket to be a passenger on the Vessel or in accepting transport on the Vessel the Passenger shall be deemed to represent to the Company that the Passenger is medically and physically fit to be present on the Vessel and/or be transported on the Vessel and in the event that the Passenger has a medical condition or develops a medical condition that, in the opinion of the Company, may affect the enjoyment, health or safety of the Passenger or any other person on board the Vessel then the Company shall have the right to disembark the Passenger forthwith or at the next convenient port or place.
6. CONSIDERATION & SERVICES
(a) The cost of the Ticket payable by the Passenger to the Company shall be the current amount published by the Company for the nominated voyage, trip or cruise (“the Consideration”).
(b) Ticket costs are quoted in Australian Dollars (AUD) and are correct at the time of publication. Prices include all ferry fares, tours, hire and freight products, compulsory government fees and meals as stated in the full itinerary, which can be viewed at www.rottnestexpress.com.au, however prices are subject to change at the sole discretion of the Company. No responsibility is accepted by the Company for unforeseen omissions or misrepresentation of any suppliers of goods or services other than the Company or its Subcontractors. All Ticket costs and prices are subject to surcharges, blackout periods and seasonal variations at the sole discretion of the Company.
(c) Credit card payments attract a surcharge of between 1.25% to 1.5%, dependent on the type of credit card used. Special fare types published online at www.rottnestexpress.com.au can only be booked online and are not available by telephone or at the booking counter of the Company unless otherwise stated.
(d) Due to the complexity, staff time and communication costs of the booking process, a charge of $5.00 (including GST) may apply to each modification made after the original booking.
7. CANCELLATION BY PASSENGER
(a) Cancellations must be advised at least 30 minutes prior to the Passengers onward voyage time either in person at Rottnest Express terminal locations or by telephone.
(b) Provided that cancellation is made 30 minutes prior to the passengers onward voyage time, a Credit Note for the full amount paid for Rottnest Express products and services, less applicable credit card surcharge will be issued at time of cancellation. Any amount paid for third party products and services will be subject to the third party’s cancellation policy and will be advised upon cancellation with the company.
(c) Credit notes are valid for a period of one (1) year from date of scheduled travel. No extensions will be offered on credit notes.
(d) Any amendments or changes made within 30 minutes of passengers scheduled onward voyage time will result in the forfeiture of all Ticket monies paid. No Credit Note will be issued.
(e) A full refund of monies paid will only be given in the event that the Passenger is entitled to a refund pursuant to Section 269 of the Australian Consumer Law.
(f) Refunds will not be made for inadvertently booking the wrong Vessel time or for personal reasons.
(g) Cancellations notified to the Company once the scheduled onward voyage has commenced will result in the forfeiture of all Ticket monies paid.
(h) Credit card surcharge and postage and handling fees will not be credited or refunded, unless the voyage was cancelled by the Company.
(i) The Northport Ferry Terminal Car Park is operated by Wilsons Parking and not by the Company and any unused parking fees will not be credited by the Company.
(j) Redemption of a credit note can only be made when booking by telephone or at a Company office.
(k) Any unused portions of a credit note will have the same expiry date as the original credit note.
(l) For any voyage cancellations due to adverse weather conditions or mechanical failures involving the Vessel that are entirely outside of the control of the Passenger, the Passenger will be offered by the Company:
(i) to transfer to another suitable voyage on the same day or;
(ii) a full refund for any unused components of travel
(m) Cancellations of third party accommodation packages arranged by the Company inside 7 days will result in full amount for accommodation being charged and a credit note issued for balance of ferry travel. Cancellation of third party accommodation packages outside of 7 days will result in a cancellation fee of 50% of accommodation costs and a credit note issued for balance of ferry travel.
|FERRY TRAVEL, TOURS & ADD-ON SERVICES CANCELLATION|
|Timing of Cancellation by Passenger||Refund / Credit Note Available|
|>30min prior to passengers’ onward journey departure time||Credit Note for 100% value (less credit card fee)|
|Within 30 min of passengers’ onward journey departure time||No refund or Credit Note|
|After scheduled onward journey departure time||No refund or Credit Note|
|ACCOMMODATION & FERRY CANCELLATION|
|Timing of Cancellation by Passenger||Refund / Credit Note Available|
|8 days or more of onward journey departure date||50% refund for third party accommodation|
|Credit Note for 100% ferry travel (less credit card fee)|
|7 days or less of onward journey departure date||No refund for third party accommodation
Credit Note for 100% value of ferry travel (less credit card fee)
8. LOST TICKETS
If the Passenger loses his or her ticket the Passenger must call the ticketing office of the Company on 1300 467 688. Reservations staff must confirm at least three details from the existing booking selected from: Name, Telephone number, Email address, Postal address, Postcode, Passenger Type and Amount, Travel Dates and Times. Upon confirmation the booking number can be re-issued provided always that if the Ticket has been used by any person other than the Passenger with respect to which it was issued an “already scanned” message will appear at boarding and in such circumstances the Passenger will be required to purchase a new ticket if accommodation for travel on the Vessel is still available.
9. USE OF GIFT VOUCHERS AND GIFT CARDS
(a) Gift vouchers purchased from the Company are valid for (1) year from the date of purchase. No extensions will be offered on gift vouchers.
(b) Complimentary gift vouchers are valid up to and including the date stated on the gift voucher.
(c) Gift vouchers or gift cards purchased from the Company are not redeemable for cash.
(d) Redemption of a gift voucher can only be made when booking by telephone or at a Company office.
(e) If a dollar amount is displayed on the gift voucher, this is in Australian dollars (AUD) and can only be used to pay for travel on a Company ferry or tour package.
(f) Gift vouchers stating specific Company services may be transferred to alternative services operated by the Company. Any additional fees from the original service to the new service must be paid in advance of travel. No refund will be given when transferring to a service of a lower value than the original gift voucher.
(g) Gift vouchers are subject to availability and can only be used to pay for a future booking.
(h) At the time of booking, the gift voucher number must be quoted and the voucher must be handed to the Company when collecting tickets.
(i) If there is an outstanding value between the gift voucher and the total of the cost of the booking, the difference must be paid at the time that the gift voucher is handed to the Company. If there is remaining credit on the gift voucher it can be used for subsequent travel, but must be redeemed before the original expiry date on the gift voucher.
(j) The Company’s terms and conditions, refund policy and relevant fare rules always apply to bookings made using a Company gift voucher.
10. CONCESSION FARES
Concession fares shall only be offered by the Company to holders of a current Australian Commonwealth Pensioner Concession card or Seniors card, Health Care card or Student card (secondary or tertiary). These concessions are not available to overseas cardholders. Applicable Backpacker cards include YHA/VIP/Mad/Peterpans/ISIC. Concession fares shall be as published by the Company from time to time.
11. GROUP POLICY
(a) A 25% non-refundable confirmation deposit is due within seven days of booking.
(b) Confirmation of passenger numbers and 100% payment is due seven days prior to travel date.
(c) Remittance must be sent to Rottnest Express accounts with reference to the invoice number.
(d) Deposits must be made with three business days allowance to receive payment.
(e) No refunds or credit notes are permitted, aside from where required as per clause 44.
(f) All prices are inclusive of Taxes, GST and the Rottnest Island Admission fee.
(g) All passengers are required to travel together on the same service in order to qualify for a discounted group fare.
(h) If the total number of passengers in relation to a group booking falls below the minimum required number of twenty passengers, Rottnest Express reserves the right to increase the price to a regular fare.
12. SCHOOL GROUP POLICY
(a) Discounted school group rates are applicable to all Western Australian Primary and Secondary Schools.
(b) A 50% non-refundable confirmation deposit is due four weeks prior to travel.
(c) For school groups that book less than four weeks in advance a 50% confirmation deposit is required within seven days of booking.
(d) Confirmation of passenger numbers and 100% payment is due seven days prior to travel date.
(e) Remittance must be sent to Rottnest Express accounts with reference to the invoice number.
(f) Deposits must be made with three business days allowance to receive payment.
(g) No refunds or credit notes are permitted, aside from where required as per clause 44.
(h) All prices are inclusive of Taxes, GST and the Rottnest Island Admission fee.
(i) A maximum allowance of two complimentary luggage crates, per 50 students travelling, are provided.
(j) One free bus or trailer parking pass is offered to school groups departing from our Northport Terminal.
(k) There is a minimum requirement of ten passengers in order to qualify for the discounted rate.
(l) If the total number of passengers in relation to a school group booking falls below the minimum required number of ten passengers, Rottnest Express reserves the right to increase the price to a regular fare.
13. RED RIDER PASS POLICY
(a) A limited quantity of Red rider annual passes are available each year and strictly limited to one pass per person per annum.
(b) Red Rider passes are strictly non-transferable and non-refundable and valid for up to a maximum of 10 return trips per annum.
(c) Valid on all standard days and include both same day and extended stay return ferry journeys departing from B Shed and Northport terminals, subject to availability.
(d) Red Rider passes are valid for a 12-month period from date of purchase and cannot be extended.
(e) Pre-bookings are essential. A Red Rider pass is not a guarantee of seat availability.
(f) Not valid for use on existing bookings, applicable to new bookings only.
(g) Available to Western Australia residents (aged 13 years and over), WA drivers licence or other proof of ID with address may be requested.
(h) A Rottnest Island Admission fee ($19 same day return / $25 for extended stay) is payable per trip and is payable at check in. The Admission fee is subject to increase at the discretion of the Rottnest Island Authority and is not within the control of Rottnest Express as a carrier.
(i) Red Rider pass is valid for use in conjunction with the Rottnest Express Quokka Club.
(j) If lost, replacement passes can be issued at a cost of $10.
(k) Red Rider passes can be cancelled immediately (without refund) if there is any failure by holders to comply with any conditions of travel.
(l) Red Rider passes may take up to 7 days to process from the receipt of proof of WA residency and clear headshot photo in jpg format.
14. QUOKKA CLUB POLICY
(a) Quokka Club membership is open to all Western Australian children between the ages of 0 – 12 years of age.
(b) Quokka Club members are entitled to free ferry travel to Rottnest Island.
(c) Free ferry travel is valid for same day return, extended stay and same day return ferry services.
(d) Quokka club members must be booked to travel with one adult fare. There is a maximum of two Quokka Club members per one adult fare.
(e) If booking a one way trip, bookings must be called through to reservations at 1300 467 688.
(f) A Rottnest Island Admission fee ($7.00 same day return / $8.50 for extended stay return) is payable, per Quokka club member, per trip and is payable prior to travel or at check in before travel.
(g) Bookings must be made in advance online or over the phone direct to Rottnest Express Reservations team. Bookings cannot be processed through third party booking agents. If taking advantage of a Rottnest Express Promotion or redeeming a gift voucher for adults, bookings for adults can be made online before calling the Rottnest Express Reservations team to add your Quokka Club members to the booking.
(h) Quokka Club members must check in at the counter to collect their boarding pass and have their Quokka Club passport stamped.
(i) Parent or Guardian will be required to show proof of WA residency i.e. WA Drivers Licence
(j) Not valid for use on existing bookings, applicable to new bookings only.
(k) Quokka club members will earn 1 stamp in their Quokka Club passport per return trip and the passport must be presented at the ticket office for stamping prior to travel to Rottnest Island. If Quokka Club passport is lost, a new Quokka Club passport will be issued at no charge however the stamp count will restart from the beginning.
15. CHILD POLICY
(a) Child fares shall only be offered by the Company with respect to passengers aged between 1 to 12 years inclusive. Such child fares be as published by the Company from time to time.
(b) The Company does not allow child passengers (12 years or under) to travel unaccompanied by a responsible adult and any child passenger shall be under the responsibility of such adult.
(c) Some services provided by the Company are not suitable for children under the age of 4 years and the Company reserves the right to refuse to provide services with respect to children under the age of 4 years.
16. OTHER EXPENSES
Any expenses not covered by the Ticket which are reasonably incurred on board the Vessel or at any port or place for and on behalf of the Passenger including (but not limited to) medical, hospital, surgical or similar treatment, hotel, transport and/or repatriation expenses shall be payable by the Passenger to the Company on demand by the Company.
17. PAYMENT SURCHARGES
Payment surcharges apply as per the following rates:
|Westpac Quick Web||Online B2B & B2C||1.43%||1.43%||1.25%||1.5%||NA||NA||NA|
|Paypal||Online B2B & B2C||NA||NA||NA||NA||NA||NA||1.01%|
|Eftpos||Phone & Counter||1.43%||1.43%||1.25%||1.5%||1.01%||1.01%||NA|
18. PROHIBITED ITEMS
Unless otherwise agreed in writing by the Company the Passenger shall not bring on board the Vessel any goods or objects of a flammable or dangerous nature including:
(a) firearms, knives, weapons or sharp objects (“Dangerous Goods”)
(b) alcohol or drugs of any kind (other than legally prescribed drugs for personal medication or the treatment or relief of personal ailments)
(c) Items that may become or are dangerous, such as seal batteries, items containing mercury, bleaches, explosives (including fireworks and flares), poisons (such as pesticides and herbicides), radioactive material;
(d) Items prohibited by an applicable law, regulation or order,
(e) Furniture and household goods
(f) Animals (with the exception of guide dogs).
19. CHECK IN TIME
(a) The Passenger is required to check in at the Place of Boarding referred to in the Ticket no later than thirty (30) minutes before the Time of Boarding referred to in the Ticket and in the event that the Passenger does not check in as required by this Clause then the Company shall have the right to refuse embarkation of the Passenger.
(b) The Company may reassess at check-in or boarding, the classification of a passenger type (child, infant, student or concession) and an increase in Ticket cost will be required where identification to the satisfaction of the Company cannot be provided.
20. TRANSFER OF TICKET
Carriage on the Vessel shall only be permitted for a person or persons whose name(s) appear on the manifest of the Company for the Vessel. A Ticket may only be transferred to another person(s) with the knowledge and authority of the Company and the person who booked the Ticket.
All Rottnest Express Vessels and Terminals are entirely smoke free in accordance with relevant state government legislations. This includes the use of e-cigarettes.
22. SAFETY MATTERS
The Company shall have the right to refuse to carry the Passenger or any other person or Goods whatsoever on the Vessel in the event that the Company is of the opinion that:
(a) such action is necessary for reasons of safety; and/or
(b) the conduct, age, mental or physical state, nature or condition (including intoxication) of a Passenger may cause inconvenience, discomfort or objection to another passenger or crewmember or any other person whatsoever or involve any hazard or risk to any property or person in or proximate to the Vessel; and/or
(c) such action is necessary owing to the failure by a Passenger to observe any instructions given to the Passenger by the Company or the Master.
23. ALCOHOL AND FOOTWEAR
(a) Company vessels and Northport Ferry Terminal are licensed premises. Passengers are not permitted to bring on board the Vessel or Northport Ferry Terminal any containers of alcohol for consumption on the licensed premises..
(b) The Company is committed to the responsible service of alcohol and reserves the right to refuse the service of alcohol to any Passenger or any other person for any reason whatsoever. Passengers must be over the age of eighteen (18) years to consume alcohol on the Vessel and any Passenger who acquires alcohol for any person whomsoever under the age of eighteen (18) years will be deemed to be in violation of the provisions of this Agreement and the Company shall have the right to disembark such Passenger forthwith or at the next convenient port or place.
(c) Due to liquor licensing laws the Passenger must wear footwear at all times whilst on the Vessel.
24. ILLEGAL DRUGS
Drugs unless lawfully prescribed for the Passenger are strictly prohibited on the Vessel and shall be deemed to be illegal drugs.
The Passenger permits the Company and its authorised servants and agents at any time and from time to time whilst the Passenger is on board the Vessel to search the Passenger and/or the Goods in order to establish whether the Passenger is in possession of Dangerous Goods and/or alcohol and/or Illegal Drugs and in the event that the Passenger refuses or hinders such search then the Company shall be entitled forthwith or at the next convenient port or place to disembark the Passenger.
26. GOODS (BAGGAGE)
(a) Subject to the provisions of Clause 3 relating to the Australian Consumer Law and Clause 4 relating to unfair contract terms including unfair terms as set out in the Australian Consumer Law Goods are transported entirely at the risk of the Passenger. The Company will care for the Goods but as the Company cannot inspect the condition or the method of packing by the Passenger the Company does not accept any liability for damage to such Goods. Further, no liability, either express or implied, will be accepted for the loss of, damage to, mis-delivery or delay in delivery of luggage or cargo, including bicycles, loaded or carried by the Company.
(b) When making a booking eight (8) days or more in advance of the Passengers onward travel date the Passenger will be mailed a set of personalised Goods labels with onward and return information. The Passenger is entitled to two Goods labels per person travelling for $2 per label when the labels are booked 8 days or more in advance and additional Goods labels may be purchased when booking or at the departure terminal. Collecting labels on the day of departure may incur additional charges. If luggage is overweight, passengers do have the option to purchase a lightweight plastic storage bag from any one of our terminals. Coming into effect 6th March 2019.
(c) If the Passengers booking is seven (7) days or less from the Passengers travel date, the Passenger Goods labels will need to be purchased at the departure point for an additional fee.
(d) Once booked if the Passengers travel arrangements change then new Goods labels will need to be re-issued at either the Passenger departure point or extra labels purchased online.
(e) All Goods label-related fees are displayed when checking out online.
(f) Goods in excess of the amount of two bags per person will incur an excess Goods charge. Such Goods charges shall be as published by the Company from time to time.
(g) Items such as surfboards, surf‐skis, fishing rods, bicycles, craypots and golf bags are not able to be delivered by the Company from the Vessel to any other place and must be collected and transported by the Passenger from the main jetty upon arrival at Rottnest Island.
(h) The Carry-on Baggage (Goods) Allowances (except infants) are 1 x carry‐on item no larger than 600mm x 400mm x 300mm. There are no storage facilities on the Vessel and therefore any Goods taken on board must be able to placed on the Passenger’s lap and not interfere with other passengers.
(i) Checked Baggage (Goods) Allowances are such that checked luggage is to be no larger than 800mm x 500mm x 400mm with a maximum weight of 22kg and must be stowed in the Vessels luggage crates only with an appropriate luggage Goods label attached.
(j) Goods exceeding the sizes referred to in Sub-Clauses (h) and (i) hereof may not be carried on the Vessel.
(k) ‘Piggy‐backing’ of Goods is not permitted so that, for example, attaching a sleeping bag to a suitcase is not permitted.
27. LOST LUGGAGE
(a) The Rottnest Island Authority is responsible for the delivery of your luggage on Rottnest Island as well as the collection for delivery back to the mainland. The Company is responsible for the water travel component of this process. Luggage delivery and collection operates by an honour system which relies on passengers correctly identifying and collecting their luggage at points of collection. Whilst the Company provides some supervision at collection points the role of the Company is only to monitor and assist with orderly collection and accordingly luggage is carried entirely at the risk of the Passenger. If any luggage items are lost and not recovered after investigation by the Rottnest Island Authority and the Company, recourse is through your insurance company.
(b) If luggage is left behind upon arrival back at the mainland the Company is under no obligation to keep the item on behalf of the Passenger. Items that are not collected prior to close of business on the day of arrival will be stored by the Company for a minimum of 4 weeks and a maximum of 6 months, subject to availability of storage space. Every effort will be made by the Company to contact the Passenger to arrange for luggage collection, however if items are not collected within 8 weeks the Company is entitled to dispose of those items. The Company does not accept any liability for abandoned luggage.
28. BIKE AND SNORKEL HIRE
(a) The Passenger acknowledges and agrees that riding a bicycle (“bike”) and snorkelling:
(i) are sporting activities or leisure time pursuits;
(ii) involve a significant degree of physical exertion or physical risk; and/or
(iii) are undertaken for the purposes of recreation, enjoyment or leisure.
(b) In the event that the Company hires to the Passenger and the Passenger takes on hire any bike and/or snorkel and/or associated equipment (“snorkel”) then the Passenger (“Hirer”) acknowledges that if the bike and/or snorkel is lost, stolen or damaged the Hirer will be liable for the full replacement cost or repair of such bike and/or snorkel and authorises the Company to charge the Hirer and, if necessary, debit any account held by the Hirer with the Company the following amounts as may be applicable, namely:
(i) Excessive wear on bike tyres $15
(ii) Loss of helmet $30
(iii) Bent bike forks $ 40
(iv) Buckled bike rim $ 30
(v) Bike frame damage $250
(vi) Lost/ Stolen bike $250
(vii) Loss of Snorkel set $55
(viii) Damage to snorkel set $25
(c) The wearing of a correctly fitted helmet is compulsory when the Hirer hires a bike from the Company.
(d) By hiring a bike and/or snorkel from the Company the Hirer:
(i) agrees to pay all charges published by the Company and all other expenses levied or made pursuant to the terms and conditions hereof;
(ii) agrees to not allow any other person to operate, or have control of, the bike and/or snorkel;
(iii) agrees that when operating the bike the Hirer will comply with the provisions of any applicable legislation and only operate the bike on sealed roads and cycle paths;
(iv) agrees to not damage the bike and/or snorkel and pay the Company on demand, the cost of repair, or replacement for any damage or loss howsoever caused to the bike and/or snorkel;
(v) agrees subject to the provisions of Clause 3 relating to the Australian Consumer Law and Clause 4 relating to unfair contract terms including unfair terms as set out in the Australian Consumer Law to indemnify the Company against any claims and costs whatsoever, arising out of the use, operation, or keeping of the bike and/or snorkel or in any matter relating thereto;
(vi) declares and acknowledges that subject to the provisions of Clause 3 relating to the Australian Consumer Law and Clause 4 relating to unfair contract terms including unfair terms as set out in the Australian Consumer Law that the Hirer hires the bike and/or snorkel at the Hirer’s own risk;
(vii) agrees that subject to Clause 3 relating to the Australian Consumer Law and Clause 4 relating to unfair contract terms including unfair terms as set out in the Australian Consumer Law the Company accepts no responsibility for injury or death sustained by the Hirer or any other person whatsoever arising out of or incidental to the hiring of the bike and/or the snorkel or anything ancillary thereto and the Hirer and the Hirers executors and administrators expressly renounces all claims against the Company in respect thereof whether the same may be due to or alleged to be due to any breach of contract;
(viii) shall subject to Clause 3 relating to the Australian Consumer Law and Clause 4 relating to unfair contract terms including unfair terms as set out in the Australian Consumer Law take the bike and/or snorkel in the condition in which it was at the commencement of the hire and the Company shall not be responsible for any defect in the bike and/or snorkel;
(ix) shall return the bike and/or snorkel to the Company within the time frame stipulated by the Company and should the bike and/or snorkel not be returned within the stipulated time then the Hirer will be liable for any additional costs;
(x) agrees to forthwith pay and fines imposed pursuant to any applicable legislation relating to road traffic in respect of the bike or the use of the bike whilst in the control or custody of the Hirer or during the continuance of the term of the hire;
(xi) agrees that the Hirer will not use the bicycle except during daylight hours without the Hirer providing sufficient lighting as required by any relevant legislation;
(xii) agrees that the bike shall be locked at all times when not in use;
(xiii) agrees that for safety reasons no children under the age of 12 months shall be permitted to ride the bike;
(xiv) agrees that there will be no credit or cash refund on early return of the bike and/or snorkel;
(xv) agrees that the Hirer is responsible for wearing suitable clothing at all times; and
(xvi) represents and warrants to the Company that the Hirer is a competent cyclist.
(e) As a condition of hire, the bond referred to in Sub-Clause (c) may be forfeited for breaches of the conditions of hire including:
(i) failure to comply with the provisions of any relevant legislation relating to bike riding;
(ii) riding a bike while drinking or intoxicated;
(iii) riding a bike with more than one person on a bike designed for only one person;
(iv) riding a bike through or into lakes and the sea or on the shores of any lake or sea;
(v) riding a bike on any jetty; and
(vi) returning to the Company a bike with an identifying number which does not match the number of the bike hired.
(f) As a condition of hire, the Hirer will be liable for the full replacement value or the cost of repair of the bike and/or snorkel if:
(i) the Hirer fails to return the bike and/or snorkel;
(ii) the bike and/or snorkel is damaged either maliciously or accidentally, including but not limited to buckled wheels, tyres skidded through, bent forks or frames, damaged gears and derailleurs.
(g) In the event that the Passenger wishes to hire any snorkel or participate in any activities provided by the Company involving or associated with snorkeling then as a condition of hiring a snorkel or participating in any activities provided by the Company involving or associated with snorkeling the Passenger agrees that it will sign a specific waiver and release of liability, assumption of risk and indemnity agreement (“Snorkel Waiver”) as set out in this clause namely:
“WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
The ocean can be treacherous especially if you are not familiar with ocean swimming. Wadjemup Trading Pty Ltd as trustee for The Wadjemup Unit Trust trading as Rottnest Express (“Rottnest Express”) takes every precaution to make sure your experience with it is a safe and happy one. Snorkel tours will be cancelled if ocean conditions do not permit a safe environment.
Snorkel tours are recreational services and are services that consist of participation in:
(a) a sporting activity or a similar leisure time pursuit; or
(b) any other activity that:
(i) involves a significant degree of physical exertion or physical risk; and
(ii) is undertaken for the purposes of recreation, enjoyment or leisure.
We must ask each Passenger to sign a waiver of liability for themselves and their dependents before starting the tour or snorkelling and entering the ocean.
ROTTNEST EXPRESS COMPLETE LIABILITY RELEASE
(a) I THE PERSON SIGNING THIS WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT UNDERSTAND THAT THERE ARE INHERENT RISKS INVOLVED WITH SNORKELLING AND SWIMMING, including but not limited to equipment failure, deep water or shoreline currents, tidal currents, ocean surge, high swells and waves, breaking surf, riptides, rocks, or other perils of the sea, acts of other participants, adverse sea and weather conditions and I HEREBY VOLUNTARILY ASSUME SUCH RISKS.
(b) I UNDERSTAND THAT I HAVE A DUTY TO EXERCISE REASONABLE CARE FOR MY OWN SAFETY AND ANY PERSONS IN MY IMMEDIATE CARE AND I AGREE TO DO SO.
(c) I understand that swimming and snorkelling in ocean waters carries the risk that I may sustain serious or fatal injuries from marine life forms such as sharks of various species, jellyfish, sting rays or skates, cone shells, sea urchins, various other species of corals & many other types of venomous marine flora & fauna.
(d) I assert that I am physically fit and able to swim in the ocean and able to enter and exit the water using a swim ladder, and I will not hold Rottnest Express or its employees, agents, or other associated personnel responsible whatsoever if I am injured as a result of ANY problems (medical, accidental, or otherwise) which occur while snorkelling, swimming, entering or exiting the water or otherwise participating in the recreational services.
(e) If while on the snorkel tour I become distressed or uncomfortable at any time, I will immediately signal for assistance.
(f) I fully understand that the snorkel tours have no medical facilities other than first aid and that in the event of illness or injury, the only available medical care must be summoned by telephone / marine radio or other means and treatment will be delayed until I can be transported by a third party to a proper medical facility. Rottnest Express has no affiliation with any medical facility. I agree in advance to these conditions.
(g) In the event I show signs of distress, discomfort, or call for aid, I would like assistance and will not hold Rottnest Express, its associates, or staff responsible for their actions or inactions and completely release each of them for any act related to perform any rescue or first aid.
(h) I agree to forever discharge and release hold Rottnest Express, its employees, agents, or other associated personnel (collectively the “Released Parties”) from any and all responsibility or liability for any and all injuries or damages. I agree NOT to make a claim against or sue any of the released parties for injuries or damages, whether they arise from any negligence or other act or failure to act. I further specifically agree, on behalf of myself, my heirs and assigns, to indemnify and hold harmless the Released Parties for any and all causes of action arising as a consequence of any incidents which might occur in any way related to my participation in any snorkelling and or swimming activities.
(i) I am not under the influence of drugs or alcohol.
(j) I have read this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement, fully understand its terms, understand that I have given up substantial rights by signing it, am aware of its legal consequences, and have signed it freely and voluntarily without any inducement, assurance, or guarantee being made to me. I intend my signature to be a complete and unconditional release of all liability to the fullest extent allowed by law. I have had the opportunity to personally discuss with a representative the potential dangers incidental to engaging in the activities of snorkelling and swimming.
(k) the exclusions and restrictions and modifications referred to in this document are limited to liability for:
(i) death; or
(ii) a physical or mental injury of an individual (including the aggravation, acceleration or recurrence of such an injury of the individual); or
(iii) the contraction, aggravation or acceleration of a disease of an individual; or
(v) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, recurrence, activity, form of behaviour, cause of conduct or state of affairs in relation to an individual:
A. that is or may be harmful or disadvantageous to the individual or community; or
B. that may result in harm or disadvantage to the individual or community.
and in the event that the Passenger is unable or unwilling to sign the Snorkel Waiver then the Company shall not be required and shall not be called upon by the Passenger to hire to the Passenger any snorkel and the Company shall not be required and shall not be called upon by the Passenger to permit the Passenger to be involved in any snorkeling activities provided by the Company.
29. COPYRIGHT, USE OF IMAGES AND PHOTOGRAPHIC OWNERSHIP
All images, logos and photographic representations of Rottnest Express are the sole property of the Company unless otherwise credited. No use or reproduction of any of these objects is permitted without prior authorisation from the Company.
30. NORTHPORT CAR PARKING
(a) The Northport Ferry Terminal Car Park is not owned or operated by the Company but is managed by Wilsons Parking.
(b) In the event that any car parking facilities are provided by the Company then subject to the provisions of Clauses 3 relating to the Australian Consumer Law and Clause 4 relating to unfair contract terms including unfair terms as set out in the Australian Consumer Law the Company (which shall include its directors, employees, agents &/or contractors) will not be liable for:
(i) any loss or damage suffered by the driver &/or owner of any motor vehicle &/or any other person including loss or damage to the motor vehicle (including without limitation, by delivery to some person not authorised to take delivery); and/or
(ii) any injury to or death of a person however caused and whether due to the state of the car parking facilities (including any fixtures or fittings) or any act or omission by or on behalf of the Company or by the negligence or otherwise of any person being with or without the authority of the Company.
(c) the owner and the driver of any motor vehicle for themselves, and the driver as the agent of the owner for and on behalf of the owner (where the driver is not the owner) jointly and severally agree that subject to Clause 3 relating to the Australian Consumer Law and Clause 4 relating to unfair contract terms including unfair terms as set out in the Australian Consumer Law any motor vehicle parked or moving in the car parking facilities is parked or moving entirely at the owner’s &/or drivers sole risk as to all events and occurrences and to the full extent permitted by law the owner &/or driver releases the Company from and against all and any liability of whatsoever nature whatsoever and agrees to indemnify keep indemnified and hold harmless the Company in respect of all and any liability of whatsoever nature and howsoever caused or arising and irrespective of any owner &/or driver omission or negligence by or on behalf of the Company and irrespective of whether any motor vehicle was being driven or not at any material time.
(d) Without limiting any other provision of this Clause the Company may deliver or allow removal of a motor vehicle to any person producing proof to the satisfaction of the Company that that person is the owner of the motor vehicle in question and the Company may refuse to allow the removal of such motor vehicle until such proof to the satisfaction of the Company is produced.
31. PUBLIC HOLIDAY SURCHARGE
The Company and the Passenger agree that a 10% holiday surcharge fee on all amounts charged by the Company shall be applied to all fares, tours, products, freight and services for all gazetted Western Australian public holidays. This surcharge has been calculated to allow for additional costs incurred by the Company as stipulated by the applicable Industry Award.
32. PRAMS AND WHEELCHAIR PRIORITY BOARDING
(a) Passengers travelling with prams or strollers are welcome on any Company service. In most circumstances, it is possible for children travelling in a pram to remain in the pram on board the Vessel, whilst there may be days where the pram may be requested to be folded and stowed securely, with the child seated with their parent or guardian. The ability to take the pram on board the Vessel will vary depending on the particular vessel in use and the capacity of the service.
(b) When permitted on board, prams must be able to travel along the gangway and fit through the vessel doorway. If the pram cannot fit in the gangway and/or doorway, it must be folded and stowed securely.
(c) To assist with Passenger comfort and safety, any Passengers travelling in a wheelchair or bringing a pram whether stowed, or taken on board, will where feasible be given priority boarding and permitted on-board the vessel first.
In the event that any Passenger is not self-sufficient and requires assistance in relation to mobility or personal care then such Passenger shall be entirely responsible for the provision of a carer and it is acknowledged and agreed by the Passenger that the crew members of the Vessel are unable to act as personal carers.
Companion Card Holders
If a Passenger who is eligible for a Companion Card holder is booking travel, the Companion will travel for free on ferry services. The Companion Card must be presented at the time of booking in person.
Guide Dog Assistance
If a passenger is sight or hearing impaired, the fare paid will include carriage of a guide dog provided that:
(a) The passenger notifies the Company when making a booking, of the requirement for carriage of a guide dog on the vessels, and;
(b) The passenger notifies the Rottnest Island Authority (Rangers) of requirement of guide dog on Rottnest Island
34. MASTERS DIRECTIONS
The Passenger shall comply with the directions of the Master during the course of the voyage, trip, cruise or function and will perform and observe all lawful commands or directions of the Master or his delegate. If it appears to the Master that the Passenger is for any reason whatsoever unfit to undertake or continue the voyage, trip, cruise or function or likely to endanger his or her health or safety or endanger the health or safety of others on board the Vessel then the Company and/or Master shall be entitled at any time and from time to time to take any of the following courses as appear appropriate to the Company and/or the Master as the case may be at the time namely:
(a) to refuse to embark the Passenger;
(b) to disembark the Passenger at any port or place; or
(c) to confine the Passenger to a particular place on the Vessel;
and in such circumstances neither the Master nor the Company nor any other servant or agent of the Company shall be liable for any damage, loss or expense occasioned to the Passenger nor shall the Company be liable to make any refund of the cost of the Ticket or any part thereof.
No insurance will be affected by the Company for the benefit of the Passenger and the Passenger shall make all necessary arrangements for insurance of the Passenger and the Goods. Holiday plans can be disrupted and cancellation fees can be costly. Travel insurance is inexpensive and highly recommended. Please note that Travel Insurance may not cover disruptions caused by mechanical breakdowns or adverse weather conditions. The Company recommends that passengers arrange their own travel insurance.
36. RIGHT TO SUB-CONTRACT
(a) The Company and any Sub-Contractor shall be entitled to sub-contract on any terms the whole or any part of the Services.
(b) The Passenger undertakes and warrants that no claim or allegation shall be made, whether by the Passenger or any other person whomsoever against any person (other than the Company) by whom (whether as Sub-Contractor, principal, employer, servant, agent or otherwise) the Services or any part thereof are performed or undertaken which imposes or attempts to impose upon any such person any liability whatsoever whether or not arising out of negligence on the part of such person, and if such claim or allegation should nevertheless be made, then to indemnify keep indemnified and hold harmless the Company and the person against whom such claim or allegation is made against all the consequences thereof. Without prejudice to the foregoing and for the purpose of this Clause the Company is or shall be deemed to be acting as agent or trustee for and on behalf of and for the benefit of all such persons and each of them and all such persons and each of them shall to this extent be or be deemed to be parties to this Agreement.
37. EXTENSION OF EXEMPTIONS TO SUB-CONTRACTORS
Every exemption, limitation, condition and liberty herein contained and every right, exemption from liability, defence and immunity of whatsoever nature applicable to the Company or to which the Company is entitled hereunder shall also be available and shall extend to protect:
(a) all Sub-contractors;
(b) every servant or agent of the Company or of any Sub-Contractor;
(c) every other person (other than the Company) by whom the Services or any part thereof is performed or undertaken; and
(d) all persons who are or might be vicariously liable for the acts or omissions of any person falling within Sub-clause (a), (b) or (c) hereof and for the purposes of this Clause the Company is or shall be deemed to be acting as agent and trustee for and on behalf of and for the benefit of all such persons and each of them and all such persons and each of them shall to this extent be or be deemed to be Parties to this Agreement.
38. RISK WARNING
(a) The Company and the Passenger acknowledge and agree that the Services include Recreational services;
(b) The Company hereby gives to the Passenger a risk warning concerning activities on or associated with the Vessel including Recreational services as follows:
(i) Bike riding Death or personal injury
(ii) Snorkeling Death or personal injury
(iii) Adventure Tours Death or personal injury
39. VOLUNTARY ASSUMPTION OF RISK
The Passenger acknowledges that all supporting activity or similar leisure time pursuit or any other activity that involves a significant degree of exertion or physical risk and is undertaken for the purposes of recreation, enjoyment or leisure by the Passenger in connection with the Services or while the Passenger is on or involved in activities in connection with the Vessel are undertaken of the Passenger’s own free will and at the Passenger’s own risk.
40. LIABILITY OF COMPANY (RECREATIONAL SERVICES)
(a) The Passenger acknowledges and agrees that riding a bike and snorkeling:
(i) are sporting activities or leisure time pursuits; and/or
(ii) involve a significant degree of physical exertion or physical risk and are undertaken for the purposes of recreation, enjoyment or leisure.
(b) Subject to the provisions of Clause 3 relating to the Australian Consumer Law and Clause 4 relating to unfair contract terms including unfair terms as set out in the Australian Consumer Law any activities undertaken by the Passenger in the nature of Recreational services shall in all respect be at the risk of the Passenger and not the Company and the Company shall not be liable in tort or contract or bailment or otherwise howsoever for personal injury to or the death of any person whomsoever including the Passenger caused by contributed to or rising out of or in the course of or in connection with the provision of the Recreational services and whether or not such injury or death is due to the negligence or breach of contract or breach of duty as bailee on the part of the Company or its servants agents or Sub-contractors and this clause shall apply to all such injury or death whether or not the same occurs in the course of performance by or on behalf of the Company of the Agreement or from events which are in the contemplation of the Company and/or the Passenger or from events which are foreseeable by them or either of them or from events which could or do constitute a breach of the Agreement.
(c) The provisions of sub-clause (b) hereof are limited to liability for:
(i) death; or
(ii) a physical or mental injury of an individual (including the aggravation, acceleration or recurrence of such an injury of the individual); or
(iii) the contraction, aggravation or acceleration of a disease of an individual; or
(iv) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behavior, cause of conduct or state of affairs in relation to an individual;
A. that is or may be harmful or disadvantageous to the individual or community; or
B. that may result in harm or disadvantage to the individual or community
(d) Sub-Clause (b) shall not apply in the event that injury or death is caused contributed to or arises out of reckless conduct by the Company.
41. HANDLING OF GOODS
If the Passenger expressly or impliedly instructs the Company to use or it is expressly or impliedly agreed that the Company will use a particular method of handling the Goods or a particular method of carriage the Company will give priority to that method but if it cannot conveniently be adopted by the Company the Passenger hereby authorises the Company to handle store or carry the Goods by such other method or methods as the Company may in its discretion determine.
42. ADVERTISED ROUTE AND TIMETABLE
(a) Every reasonable effort will be made to adhere to the advertised route and timetable in relation to the relevant voyage, trip or cruise but any route, place or port may be altered or omitted or time or dates changed for any cause which the Company and/or Master in their absolute discretion shall consider necessary and the Passenger hereby authorises any delay in the provision of the Services or diversion from the usual or planned route of any voyage, trip or cruise included in the Services or change in any port or place to which the Vessel is to travel which the Company may in its absolute discretion deem desirable or necessary in the circumstances.
(b) The Company reserves the right to alter the route or itinerary of any of its tours and arrange alternative carriers to those advertised if necessary. Subject to Clause 3 of the Australian Consumer Law and Clause 4 relating to unfair contract terms including unfair terms as set out in the Australian Consumer Law no refunds will be given in these circumstances or in the event of any delay, curtailment or alteration of a trip resulting from any cause including severe weather conditions or mechanical failure.
(c) The Company cannot guarantee pick up or drop off times and is not liable for the failure of the Passenger to connect with other services or any associated costs resulting from such delays. It is recommended that passengers allow at least a 4-hour buffer (and preferably longer) between the scheduled departure and arrival times between their booked ferry travel and other onward travel plans.
(d) Specific components of certain tours are weather dependant and the Company shall not be liable if any trip components are not available on the day of travel.
43. ERRORS, OMISSIONS AND REPRESENTATIONS
No agent or employee of the Company has authority to give undertakings or make representations in relation to the provision or timing of any service provided by the Company that are inconsistent with these terms and conditions and any such undertakings or representations will not bind the Company except where the prior confirmation in writing of the Company is obtained.
44. DISRUPTION OF SERVICES
A Disruption of Service is a full or partial ferry or tour cancellation arising from the actions of the Company or another entity.
(a) If a ferry service or tour is cancelled by Rottnest Express prior to the customer departing on their booked service for any reason, then, in addition to any remedies available under the Non-Excludable terms, the Company will provide the option to:
i. Rebook an alternate ferry service or tour of the same value in lieu of any refund; or
ii. Receive a full refund of the fare paid if no part of the ticket has been used
iii. If part of the ticket has been used, the difference between the fare paid and the fare for part of the ticket used.
iv. The refund will be paid to the person who paid for the ticket.
v. If the booking was made through a travel agent, any refund will be returned to that travel agent for their payment to the passenger. Travel agents may have fees or commissions that need to be deducted from the amount the Company refunds which may mean the amount received by the passenger may be different from the amount they paid for their booking,
(b) In the event that the Company gives notice to the Passenger pursuant to Sub-Clause (a) hereof the Company shall not be under any liability to provide to the Passenger any reason why the Company will not provide the Services to the Passenger.
45. TERMS & CONDITIONS TO HAVE FULL FORCE IN ALL CIRCUMSTANCES
Subject to Clause 3 relating to the Australian Consumer Law and Clause 4 relating to unfair contract terms including unfair terms as set out in the Australian Consumer Law all the rights, immunities and limitations of liability in these terms and conditions shall continue to have full force and effect in all circumstances and notwithstanding any breach of the Agreement or any of the terms or conditions thereof by the Company or any other person entitled to the benefit of such provisions.
46. VALIDITY OF TERMS & SEVERABILITY
In the event that any of the terms, conditions or provisions contained in this Agreement shall be determined invalid, unlawful or unenforceable to any extent, such term, condition or provision shall be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
47. GOVERNING LAW & JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws for the time being of the State of Western Australia and the Parties hereby submit to the jurisdiction of the Courts of that State and all Courts which are competent to hear appeals there from.
48. INTERNET WEBSITE DISCLAIMER
While the Company has endeavoured to ensure that all information provided on its internet websites is accurate and up to date, the Company takes no responsibility for any error or omission relating to this information. To the maximum extent permitted by law the Company will not be liable for any cost, loss or damage suffered by the Passenger through the use by the Passenger of the Company’s internet websites or
the Company’s failure to provide access to these internet websites or information updates.
49. SOCIAL MEDIA COMPETITION TERMS & CONDITIONS
Refer to individual event pages for specific Social Media competition Terms & Conditions valid for each promotion.