Operator – AP Vessel Management Pty Ltd (ABN 45 086 439 198) as OzSail operates the vessel known as Mandrake. The following terms and conditions apply to travel on Mandrake.
Pricing – All prices are shown in Australian dollars and are inclusive of GST.
Itinerary Changes – Mandrake departures and itineraries are subject to weather and may be changed or cancelled at OzSail’s discretion. OzSail reserves the right to substitute vessels without notice at any time and for any reason.
Trip Cancellations by Operator – OzSail reserves the right to cancel any trip, or reduce trip duration, in any circumstances including those which pose a safety risk to guests, the vessel, or crew — such as severe weather, including cyclones. If a trip is cancelled by OzSail prior to or on the scheduled departure date, you will be referred back to the travel agent through which you booked.
If your trip duration is reduced during the trip due to unforeseen circumstances, you may be offered a future trip on Mandrake at no cost, depending on the amount of time by which your original trip was reduced, subject to availability. “Unforeseen circumstances” includes but is not limited to: inclement weather, issues pertaining to the vessel, and any medical emergency such as injury to guests or crew.
Cancellation by Guest – If you cancel your travel on Mandrake less than 21 days before the trip departure date, this will result in the forfeiture of the full trip price.
Date Transfers – If you request a transfer of your trip departure date at least 72 hours before the scheduled departure, a $30 transfer fee applies. No transfers will be accepted within 72 hours of departure.
Travel Insurance – Travel insurance is strongly recommended for all guests.
Assumption of Risk – You acknowledge that travel with, and the recreational services provided by, OzSail (such as all in-water activities, sailing, and bushwalking) involve risk, including in particular a risk of being stung or bitten by jellyfish and other marine creatures or native fauna. You are advised to wear a stinger suit at all times while in the water.
Liability – Whilst every effort is made to safeguard passengers, you acknowledge and agree that OzSail is not liable for personal injury, aggravation of any existing injury or condition, mental injury, contraction of any disease, loss (direct, indirect, or consequential), or death (including but not limited to from jellyfish stings) resulting from the recreational services provided, and OzSail hereby excludes all such liability to the maximum extent permitted by law.
Where the Competition and Consumer Act (CCA) consumer guarantees apply, you also acknowledge and agree that the liability of OzSail for any breach of those consumer guarantees is excluded to the maximum extent possible under section 64A of the Australian Consumer Law and section 139A of the CCA.
Governing Law – Your agreement with OzSail is subject to the laws of Queensland, Australia. You submit to the exclusive jurisdiction of the courts of Queensland, Australia.
If any of these terms is unreasonable or unenforceable for any reason, it shall be severed and the remaining terms will not be affected.