Terms and Conditions
VOYAGE T & Cs
These are the Booking, Payment and General Conditions of Contract (The Contract) applicable to participation by a voyage crew member or passenger (the Participant) on a “Leeuwin” voyage conducted by Leeuwin Ocean Adventure Foundation Ltd (the Foundation).
The contract is between the Pax and the Foundation and shall be formed on confirmation by or on behalf of the Foundation of the Pax’s application and payment of at least the prescribed deposit. If part of a group booking specific terms and conditions for group bookings shall apply.
Pax Fare and Payment
1. The Pax fare shall be the current published fare for the nominated voyage (“the Fare”).
2. A non-refundable deposit amount equal to 25% of the Fare shall accompany each reservation.
3. The balance of the Fare is due and payable sixty (60) days prior to the confirmed embarkation date.
4. The Pax may at any time prior to commencement of the voyage cancel the Contract in which case:
a) If the cancellation occurs prior to a date sixty (60) days before the embarkation date, the Foundation will retain the non-refundable deposit but shall promptly refund all other monies paid on account of the Fare.
b) if the cancellation occurs subsequent to a date sixty (60) days before the embarkation date and prior to a date thirty (30) days before the embarkation date, the Foundation will retain any monies paid on account of the Fare not exceeding in the aggregate an amount equal to fifty per cent (50%) of the Fare.
c) If the cancellation occurs within thirty (30) days of the embarkation date, the Foundation will retain the non-refundable deposit and all other monies paid on account of the Fare.
5. The Foundation may at any time cancel the Contract if:
a) all monies due are not paid prior to 60 days before the voyage embarkation date and in this case all monies paid by the Pax will be forfeited to the Foundation.
b) for any reasonable cause, safety concerns or any unforeseen circumstances affecting the ship or its crew and which arise and are beyond the control of the Foundation and in such case the Pax will be entitled to a full refund of all monies paid.
c) prior to embarkation, the medical conditions and other disclosures by the Pax affect the suitability of the Pax to go on a voyage. In such cases the Pax would be entitled to a full refund of all monies paid by the Pax.
d) after embarkation the medical condition or behavior or the Pax necessitates that the Pax has to be disembarked from the ship, no refund is applicable.
6. Subject to availability, a Pax may transfer to another voyage to a date thirty (30) days prior to original embarkation on the following conditions:
a) a $100 Transfer Fee will apply per transfer.
b) the transfer may only be to another voyage of the same or more days.
c) the transferred voyage must commence within 12 months of your original voyage embarkation date.
d) the transfer is valid for only 12 months and cannot be transferred again.
e) Any increase in the fare between the original and transferred voyage will be payable by the Pax.
Health and Fitness
7. A Foundation voyage can be mentally and physically demanding and consequently a reasonable level of physical and mental fitness is required.
On board the Pax shall have the opportunity to be involved in all aspects of operating the ship. This may entail hard physical exercise involving balancing, lifting, pulling and climbing. The Pax may also have the opportunity to be involved in rowing the ship’s boats and engaging in shore based activities. To ensure Pax safety and enjoyment it is essential relevant Foundation staff be made aware of any medical or other conditions that may affect the Pax’s participation in a Foundation program. Insurance
8. Although the Foundation has comprehensive insurance coverage, personal insurance is not included in the voyage fare. It is strongly recommended that Paxes arrange their own appropriate insurance.
9. The Foundation maintains comprehensive insurance coverage for the operation of the vessel but shall not be liable in respect of:
a) damage to any property or valuables; or the death, injury or sickness of any Pax; howsoever caused.
b) any consequential or other loss of any kind arising directly or indirectly from the provision or non provision of the Fare or voyage.
c) notwithstanding anything hereinbefore expressed or implied the Foundation shall in any event be entitled to the maximum protection allowed by law in respect of the liability of or any limitation on damages recoverable from the Ship Owners club.
11. The Foundation reserves the right to take photographs or video footage of Paxes on the voyage and use those images for promotional purposes. The Paxes who do not wish for their image to be used must identify themselves to their Watch Leader at the commencement of the voyage.
12. Every reasonable effort will be made to adhere to the advertised route and timetable but any route or port may be altered or omitted or times or dates changed for any cause which the Foundation and/or Master of Leeuwin (mate) in their absolute discretion shall consider necessary.
13. The Pax may not bring on board any goods or articles of a dangerous nature or alcohol or drugs of any kind (other than for personal medication or the treatment or relief of minor personal ailments).
14. All voyages are smoke free i.e.: SMOKING IS PROHIBITED.
15. The Pax agrees that the Foundation, the Master and each other servant or agent of the Foundation, shall have the benefit of all rights and exemptions contained in these conditions.
16. The Master shall have full direction and authority over Paxes during the course of the voyage. Paxes are expected to perform and observe all reasonable and lawful commands or directions of the Master or his delegate and to accept such on board duties as may from time to time be assigned to them by the Master or his delegate. If it appears to the Master that the Pax is for any reason whatsoever unfit to undertake or continue the voyage or likely to endanger his/her health or safety or endanger the health and safety of others on board, then the Foundation and/or Master shall be entitled at any time to take any of the following courses as appear appropriate at the time, namely
a) to refuse to embark the Pax;
b) to disembark the Pax at any port, or
c) to confine the Pax to a cabin.
If they acted as provided in this condition, neither the Master nor the Foundation shall be liable for any damage, loss or expense occasioned to or by the Pax nor shall the Foundation be liable to make any refund of the Fare or part thereof.
17. The Foundation shall in no circumstances be liable in respect of consequential loss or damage, detention, delay or over carriage how so ever caused.
18. Any expenses not covered by the Fare which are reasonably incurred by the Foundation on board or at any port for and on behalf of the Pax for (but not limited to) medical, hospital, surgical or similar treatment, hotel, transport and repatriation expenses shall be payable by the Pax to the Foundation on demand.
19. In making arrangements for carriage by air, road or rail and for accommodation of Paxes, the Foundation acts only as the agent of the Pax and does so on the express condition that no liability of any kind howsoever shall attach to it in connection with or arising out of such arrangements.
3 HOUR SAIL T & Cs
• All tickets sold for sails are non refundable. Tickets can be changed or transferred for another date if at least 72 hours notice is given and is subject to availability. Group bookings of 10 or more people must give two weeks notice to change dates and transfers. A nominal fee may be charged for this.
• Enclosed footwear must be worn to participate in on board sailing activities.
• Children aged 13 and under must be accompanied by an adult over the age of 18. The safety and control of the child is the responsibility of the accompanying adult.
• Discounted fares (including concession and group fares) must be reserved at the time of booking. Discounts cannot be applied after the sail has been booked and paid for and no part refunds will be given if discounts or concessions come to light after a booking has been made.
• Passengers must bring along appropriate supporting documentation when claiming a discounted fare. This includes, but is not limited to, any gift vouchers, discount vouchers and/or concession cards with supporting ID. All vouchers are to be surrendered when checking in, and the Foundation reserves the right to ask for proof of concession for the ticket holder. Passengers who fail to bring relevant vouchers and/or concession cards with them when checking in for the sail will not be permitted to sail on a discounted fare and may be required to purchase a new fare or pay the balance between a full and a discounted fare.
• In order to be eligible for a group booking discount of 10% off adult fares, ten or more full-paying adult fares must be purchased in one transaction. The full amount for the group must be paid in one transaction, no part bookings available.
• All passengers must arrive and check-in 30 minutes prior to departure time. Failure to do so may result in refusal to board, and no refund/transfer offered. The Leeuwin Foundation is not responsible for parking, transport issues, or other delays that may prevent this being possible.
• Please be aware of the mobility requirements on board. Passengers must be able to move over the narrow gangway and navigate the three steps to the deck relatively unaided. Bathroom facilities are located below deck, down a flight of stairs, and unfortunately there are no special facilities available (i.e. disability-friendly stalls).
• Sails are subject to minimum numbers, and the Foundation reserves the right to cancel any sail that fails to reach these numbers.
• The Leeuwin Foundation reserves the right to make changes to the sailing schedule and prices, as well as cancelling sails if required.
• In the event that the Leeuwin Foundation cancels a sail for any reason, passengers booked and paid for are entitled to a transfer to another sail, subject to availability, or a full refund. Refunds will be given to the person who originally purchased the places.
• The Leeuwin Foundation reserves the right to take photographs or video footage during any sails which may be used for promotional purposes. If you would not like your image to be used in any of our promotional material please inform us in writing before the sail.
• The Leeuwin Foundation reserves the right to refuse boarding or disembark any passenger if they may endanger themselves or any passenger, employee or volunteer on board the ship or who does not meet AMSA safety requirement, including, but not limited to, those under the influence of alcohol and/or drugs.
• No passenger may consume alcohol whilst on board. Alcohol may not be bought on board by passengers. On special event sails where alcohol is permitted, it is at the discretion of the Captain, who reserves the right to limit and/or withhold alcohol. The Captain’s decision is final.
• No smoking is permitted on board, neither at sea or whilst along-side.
• Any and all activities onboard are at the Captain’s discretion and are weather dependent. Climbing the mast is only available for passengers aged 14 and up who wear the required safety harness. Children aged 5 or older, who can fit into a safety harness, may be able to climb the bow sprit with a parent or guardian. Climbing of any description is not guaranteed.
• The Leeuwin Ocean Adventure Foundation Ltd does not accept any responsibility or liability for the loss of any property or articles onboard the Leeuwin II, or for any injuries or death of passengers on embarkation carriage or disembarkation caused by howsoever of its servants, agents or volunteers. Any claims or demands for liability whatsoever arising from the injury or death or losses is hereby excluded, to the extent permissible by law. Personal insurance is not included in the fare. It is strongly recommended that participants arrange their own appropriate insurance.
STATISTICS AND QUOTES
Results from November 2016 Survey to next of kin of a participant since January 2010 – November 2016. 1864 surveys were sent, 23.4% of which responded