Terms and Conditions

BLUE LINE CRUISES PTY LTD - TERMS & CONDITIONS

Passenger Terms & Conditions

1.	These Terms and Conditions set out the terms on which you book and travel on any cruise operated by Blue Line Cruises Pty Ltd trading as Magistic Cruises, Sydney Showboats and Cruising Restaurants of Sydney (referred to as “we” and “our” below).
2.	At the time of booking a cruise, you must pay for it in full. Once booked and paid for, all cruise tickets are 100% non-refundable. No agreement will arise between you and Blue Line Cruises until we have received payment at the time of booking in accordance with this clause.
3.	All cruise fares are quoted in Australian Dollars and include Australian Goods and Services Tax.
4.	We reserve the right, if we consider necessary, to substitute vessels without notice (including any vessels of a third party), deviate from a vessel’s advertised route, change any menu, service, schedule, program, performance or cruise fare. In such circumstances, we will not be liable to refund any fares or portions of fares, nor will we be liable for any other damage, loss, expense, loss of time, disappointment, inconvenience, or any other consequential loss suffered by you.

5.	Risk Warning
(a)	Our cruises operate on busy waterways and are subject to the risks and perils of cruising on such waterways including loss, damage and injury arising out of or in connection with changing tidal and weather conditions and the navigation of other craft. To the extent permissible by law, we will not be responsible in tort, contract or otherwise for any loss or damage arising out of injury or death sustained by a passenger, howsoever arising and whether or not arising as a result of our negligence or failure to render due care and skill. You enter into this agreement and book and travel on our cruises at your own risk. If however any terms, conditions or warranties are implied into this agreement by written law of the Commonwealth or New South Wales, the exclusion of which would contravene statute or cause part or all of this clause to be void:
	(i) We exclude all other terms, conditions and warranties; and (ii) Our liability for breach of such term, condition or warranty is limited to the supply of the relevant cruise again or the cost of re-supplying the cruise.
(b)	We exclude all liability for any loss or damage to clothing or personal items/belongings howsoever arising and whether or not our liability arises in tort, contract or otherwise.

6.	6. Any claim for loss or damage must be notified to Blue Line Cruises in writing within seven (7) days from the day the cruise finishes, and any court action, suit or proceeding must be brought no later than one (1) year from the same day. If you fail to comply with either of these conditions, we will be forever discharged from all claims, suits, actions and/or proceedings relating to or arising out of or in any way connected with the cruise and we will be discharged from all liability whatsoever, including any liability for negligence.

7.	We may contract or arrange for third parties to provide the whole or part of the cruise and any related services to you. You undertake that you will not bring any claims or actions against such third parties but if such claims or actions are nevertheless made, you agree to indemnify us and the person against whom the claim or action is made against the consequences of thereof. You agree that in entering into this agreement, we are acting as the agent of and trustee for each of our employees, officers, agents and subcontractors, and each of these persons is deemed to be a party to the contract for the purpose of entitling each and every one of them to enforce, have the benefit of and rely upon these Terms and Conditions.

8.	This agreement is to be governed by and is to be construed in accordance with the laws in force in New South Wales. Any action, claim, suit or proceeding arising out of or connected in any way with this agreement or the cruise will only be brought in the Courts of New South Wales.

9.	If any of these provisions is unenforceable, this shall not affect the enforceability of any other part of the provision or any other provision. In the event of inconsistency between these Terms and Conditions and any other terms, these Terms and Conditions shall exclusively apply. No waiver or variation of this agreement will have binding effect unless such waiver or agreement is in writing and signed by an authorized officer of Blue Line Cruises.