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THE PASSENGER ACKNOWLEDGES THAT SEA CONDITIONS ARE BEYOND THE CONTROL
OF THE COMPANY AND THAT TRAVEL BY SEA INVOLVES INHERENT RISKS.
THE MOTION OF WAVE AND WEATHER WILL CAUSE SUBSTANTIAL MOTION OF THE
VESSEL BOTH REGULAR AND IRREGULAR 1S LIKELY TO OCCUR ON
THIS AND ANY SEA TRAVEL.
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The passenger must indemnify and keep indemnified the Company and its
employees and agents against any damage, loss, cost, expense
or liability incurred by any of them to the extent it arises from or
relates to personal injury to the passenger and to the travel.
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The Company reserves the right to cancel or vary this service in any way.
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The passenger agrees and the Company confirms that the Company shall have
no liability for loss or damage to luggage arising out of or in any way
incidental to the travel or the transfer of any luggage between the vessel
and any place of accommodation however which damage arises.
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The passenger agrees that no condition of travel other than these will be
recognised and that the Company is not in any way responsible for or liable
for any verbal promises or representing made by booking agents or its clerks
or employees.
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The Company shall not be liable for any loss or damage, which may arise
or be alleged to arise in the event of the cancellation of this travel or
the abandonment of this travel during its course or of any deviation or
delay in any travel arising from any cause.
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The Company may arrange for any other person to provide the travel
contracted for or any part and such person and its employees and agents
shall be protected by and entitled to the benefit of these conditions to the
same extent as the company.
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The passenger agrees that the Company contracts with the passenger on its
own behalf, and in respect of clauses relevant to its employees as agent on
behalf of it employees.
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The passenger warrants and represents and the Company and its employees
and agents rely on these warranties and representations that:
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The passenger shall at all times within the duration of the travel
comply with any direction given to the passenger by the Company, or its
employees or agents.
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The passenger is in a state of good health and is free from any
injury, medical condition, disability, disease or injury which may he
aggravated by the travel or make the passenger more susceptible to any
personal injury or damage while undertaking the travel.
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The passenger shall take care and responsibility for themselves.
The passenger acknowledges that vessel shall be some distance
from qualified medical assistance.
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The passenger on behalf of the passenger and the passenger's executor,
administrator, assigns and dependents, expressly renounce all liability in
terms of claims against the Company, its employees and agents arising out of
or incidental to the travel.
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Any provision in this agreement which is invalid or unforeseeable in any
jurisdiction is to be read down for the purposes of that jurisdiction if
possible, so as to be valid and enforceable, and is other wise capable of
being severed to the extent of the invalidity or unenforceability, without
affecting the remaining provisions of this agreement or affecting the
validity or enforceability of that provision in any other jurisdiction.
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This agreement is governed by the law in force in Queensland. The parties
submit to the exclusive jurisdiction of the courts of Queensland.
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The passenger acknowledges that the Company does not own or operate coach
services, air flights or rail services but may act as agent for other
companies conducting these services. When the passenger uses
these services the passenger contracts with the operator of the
services and is subject to conditions some of which limit or exclude,
liability for death, personal injury, delay and loss of or damage to
baggage. Those conditions are included in the passenger contract with the
operator. The passenger acknowledges that the Company is not liable for the
acts or omissions whether negligent or otherwise
of operators providing services over whom the Company has no direct and
exclusive control.
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Weather Check and Cancellations. Please confirm your booking 1 day prior to your cruies as with all Barrier Reef cruieses. Departure are subject to weather conditions. 18 hours notice is required for all cancellations.