Terms and Conditions of Travel
Terms / Conditions of Travel
AP Vessel Management Pty Ltd ABN 45086439198 t/as Matador Whitsundays (Matador Whitsundays ®) operates the vessel known as Matador. The following terms and conditions apply to travel by you on Matador.
All prices are shown in Australian dollars and are inclusive of GST. Prices are valid from 1st April 2016.
Matador departures and itineraries are subject to weather and may be changed or cancelled at Matador Whitsunday’s discretion. Matador Whitsundays reserves the right to substitute vessels without notice at any time and for any reason.
Matador Whitsundays reserves the right to cancel any trip, or reduce trip duration, in any circumstances, including those which pose a safety risk to you, the Matador vessel or crew, such as severe weather, including cyclones.
If a Matador Whitsundays trip is cancelled by Matador Whitsundays prior to or on the scheduled departure date, you will be referred back to the travel agent through which you booked your trip on Matador.
If your trip duration is reduced during the trip due to Unforeseen Circumstances, you may be offered a future trip on Matador, at no cost to you, depending on the amount of time by which your original trip on Matador was reduced and, subject to availability. You acknowledge that “Unforseen Circumstances” includes but is not limited to the following; inclement weather, issues pertaining to the Matador Vessel and any medical emergency, such as injury to guests or crew.
You acknowledge that if you cancel your travel on Matador less than 21 days before the trip departure date, this will result in the forfeiture by you of the full trip price.
If you request a transfer of a trip departure date up to at least 72 hours before the day of scheduled departure this will incur a $30 transfer fee. No Transfers will be accepted under this 72 hr. period
We recommend you take out travel insurance
You acknowledge that travel with, and the recreational services provided by, Matador Whitsundays (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 you are in the water.
Whilst we make every effort to safeguard our passengers travelling on Matador, you acknowledge and agree that Matador Whitsundays is not liable to you 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 by Matador Whitsundays, and Matador Whitsundays hereby excludes absolutely all such liability to you.
Where the Competition and Consumer Act (CCA) consumer guarantees apply you also acknowledge and agree that the liability of Matador Whitsundays for any breach of those consumer guarantees is excluded to the maximum extent possible under section 64A of the Australian Consumer Law and 139A of the CCA, where you are killed, injured (physically or mentally) or contract a disease, or an existing disease is aggravated, arising from your trip on Matador.
Your agreement with Matador Whitsundays 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 whatsoever, it shall be severed and the remaining terms will not be affected in any way.
Matador Whitsundays January 2017