JETCRUISER PTY LTD

1. These Terms and Conditions set out the terms on which you book and participate in a Jetcruiser adventure. Jetcruiser is offered and operated by Jetcruiser Pty Ltd ABN 83 121 405 703 (referred to as “we” and “our” below).
    
2. Fares for Jetcruiser adventures are quoted in Australian Dollars, inclusive of Australian Goods and Services Tax. Fares must be paid in full at the time of booking and are wholly non-refundable. All passengers must check-in 15 minutes prior to scheduled departure time otherwise your seat will be forfeited without refund.
    
3. 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 service, schedule 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.
    
4. RISK WARNING:
   • A Jetcruiser adventure is a recreational activity which takes place at high speeds on busy waterways and which is subject to various hazards including changing tidal, harbour and weather conditions and other craft. It is therefore inherently dangerous, with the potential to cause you and any other participant injury or death. To the extent permissible by law:
      
   • we exclude all liability for loss or damage arising out of death or personal injury, or 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;
      
   • we do not owe you any duty to take care in respect of the risks of participating in a Jetcruiser adventure as highlighted generally above;
      
   • we exclude all warranties, both express and implied, that we will supply Jetcruiser adventures with reasonable care and skill; and
      
   • for the avoidance of doubt, if you participate in a Jetcruiser adventure, you do so at your own risk. If however any terms, conditions or warranties are implied into this agreement by a statute 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:
      
   • we exclude all other terms, conditions and warranties; and
      
   • our liability for breach of such term, condition or warranty will be limited to the supply of the relevant Jetcruiser adventure again or the cash equivalent.
      
   • Any participating children must be aged four (4) years or older, and must be restrained in their own seat at all times otherwise they will be disembarked with their parent/guardian. Children are not permitted to sit on the laps of adults.
      
5. Any claim for loss or damage must be notified to Jetcruiser Pty Ltd in writing within seven (7) days from the day of the relevant Jetcruiser adventure, and any 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.
    
6. 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 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.
    
7. 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 adventure will only be brought in the Courts of New South Wales.
    
8. 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 Jetcruiser Pty Ltd.
    
9. You warrant that by participating in a Jetcruiser adventure-
   1. you are physically fit to participate;
   2. you have no medical condition that may affect your participation;
   3. any children participating are aged four (4) years or older.

I confirm that I have read, understood, and agree to these Terms and Conditions.