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 – 4 HOUR SAIL T & Cs
• All tickets sold for sails are non-refundable except as advised elsewhere in these Terms and Conditions. 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 15 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 Leeuwin Ocean Adventure (the Company) 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. Leeuwin Ocean Adventure 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 Company reserves the right to cancel any sail that fails to reach these numbers.
• Leeuwin Ocean Adventure reserves the right to make changes to the sailing schedule and prices, as well as cancelling sails if required.
• In the event that Leeuwin Ocean Adventure 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 Company 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 Company 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 on board 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 on board 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.
• The Company reserves the right to take photographs or video footage of passenger/s on the sail and use those images for promotional purposes. The passenger/s who do not wish for their image to be used must identify themselves to Leeuwin staff/crew at the commencement of the sail.
- The Foundation’s membership year is 1 July to 30 June.
- New or renewed memberships confirmed between 1 July and 30 November will be backdated to 1 July in the current calendar year.
- New or renewed memberships confirmed between 1 December and 30 June will be forward dated to July 1 in the next calendar year.
- Complimentary 3-hour sail vouchers included in membership packages will be issued from 31st July and valid for one year from this date. A 3-hour sail voucher can contribute to a 4-hour sail but members will need to call the office to book and are responsible for paying any price difference.
- Members can redeem their 10% off one voyage for any person of their choosing but need to make this known at the time of booking. No discount will be offered after the booking has been made. This offer will be valid from July 31st each year of a membership and will apply to one voyage berth from this date.
- The Foundation will be responsible for ensuring a minimum of one member event each year.
- All members will need to receive a rating before they can volunteer.
- The Foundation will promote special members offers as deemed appropriate by the Foundation.
- Membership key rings will be changed on a two-year basis.
- Ship tours must be booked in advance and will be undertaken at the discretion of the Foundation taking into account the safety of visitors, staff and crew.The pre-release event schedule will be finalised by July 31st and will be sent out annually to members before it is made available generally on August 31st.
- Reservations and bookingswill be on a first in- first served basis. Members will be required to make a deposit to secure their event. All event terms and conditions are relevant to member bookings.
- Any 5-year member can redeem their 10% off merchandise at any time during their membership. Members will need to be present at time of transaction and discounts are not transferable.
- Corporate member bunk names are updated by 31st December in the year membership is confirmed.
- Premium Corporate or Premium Individual members are entitled to allocate one voyage berth to a person of their own choosing. This membership offer for
- Premium members is valid for one berth during the five year membership.
- No Foundation member benefit is redeemable for cash.
- All member vouchers are subject to the same terms and conditions of the Leeuwin 3-Hour Sail Gift Vouchers (see above).
SHIPPING DISPATCH & DELIVERY POLICY
We know you can’t wait to wear your Leeuwin merchandise! At the Leeuwin Foundation we do our best to dispatch all orders from our Fremantle Office within 3 business days after your order is placed.
When making payment through PayPal please do not close PayPal window before process has completed.
Once your order is confirmed you will receive a confirmation email from the Leeuwin Foundation. Please check your junk mailbox if you have not received your invoice confirmation. For any issues or changes to your order please email us at firstname.lastname@example.org with your order number & we will do our best to accommodate your needs.
The Leeuwin Foundation is located in Fremantle, Western Australia, and do NOT offer international shipping. All domestic & New Zealand orders are tracked & shipped through Australia Post.
For all AUSTRALIA & NEW ZEALAND orders please allow between 2-10 Business days after dispatch for arrival.
We advise for AUSTRALIAN customers if you require your order within 7 DAYS please select the EXPRESS option when checking out. For further delivery estimations please head to https://auspost.com.au/parcels-mail/calculate-postage-delivery-times/#/.
The Leeuwin Foundation does NOT take responsibility for any parcels that have been lost, stolen or damaged during transit within Australia Post & selected third-party logistics companies.
If you have any further enquiries or to amend orders please email us at email@example.com.
DAY SAIL COMPETITION – TERMS AND CONDITIONS
1. The prize draw (the “Prize Draw”) is open to people aged 14 and over who provide who complete the competition flyer on a day sail running from 27 December 2017 – 28 January 2018.
2. Employees or agencies of Leeuwin Ocean Adventure its group companies or their family members, or anyone else connected with the Prize Draw may not enter the Prize Draw.
3. Entrants into the Prize Draw shall be deemed to have accepted these Terms and Conditions.
4. To enter the Prize Draw you must complete the competition flyer and give to the Leeuwin Program Facilitator on board the day sail. The applicant must be listed on the day sail manifest to be eligible for the prize draw.
5. Only one entry per person. Entries on behalf of another person will not be accepted.
6. Leeuwin Ocean Adventure accepts no responsibility is taken for entries that are lost, delayed, misdirected or incomplete or cannot be delivered or entered for any technical or other reason.
7. The closing date of the Prize Draw is 23:59 on 28 January 2018. Entries received outside this time period will not be considered.
8. One winner will be chosen from a random draw of entries received in accordance with these Terms and Conditions. The draw will be performed by a Leeuwin CEO Carol Shannon. The draw will take place on 29 January 2018.
9. The winner will receive two full berths onboard the Parent Project 2018 (3-5 March).
10. Leeuwin Ocean Adventure accepts no responsibility for any costs associated with the prize and not specifically included in the prize (including, without limitation, travel to and from the voyage).
11. The winner will be notified by email on or before 31 January 2018. If a winner does not respond to Leeuwin Ocean Adventure within 14 days of being notified by Leeuwin Ocean Adventure, then the winner’s prize will be forfeited and Leeuwin Ocean Adventure shall be entitled to select another winner in accordance with the process described above (and that winner will have to respond to notification of their win within 14 days or else they will also forfeit their prize). If a winner rejects their prize or the entry is invalid or in breach of these Terms and Conditions, the winner’s prize will be forfeited and Leeuwin Ocean Adventure shall be entitled to select another winner.
12. A full voyage application will need to be completed by both youth (12+) and parent / guardian prior to 14 February 2018. These forms will be assessed by Leeuwin Ocean Adventure for final approval prior to boarding the voyage.
13. The name of the winner can be obtained after 31 January 2018 by social media post.
14. The prize is non-exchangeable, non-transferable, and is not redeemable for cash or other prizes.
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