Terms and Conditions
1. Accommodation aboard Odalisque
Pricing of accommodation is based on per cabin, assuming that there will be two guests, twin share. We recommend coming as a group of 3 couples, or families and friends up to 10 guests so that the sleeping configurations remain private and comfortable.
Tasman Peninsula, Bruny Island and East Coast Charters
Pricing for accommodation is based on a flat rate for hire of the vessel plus an additional per person per day fee. Overnight expeditions can accommodate group bookings from 1 to 10 persons.
A single guest has a choice of three alternatives
a) staying in a double cabin alone, in which case a single supplement charge applies
b) sharing a cabin with other guests and all agree to the bed configuration
c) occupying a single bunk in the kitchen or galley area with a family or group booking or with others they know
2. Deposit & Final Payment
A 20% non-refundable deposit is required to confirm your booking. No bookings will be guaranteed until a deposit has been received and availability on dates requested has been confirmed by us. Final balance of payment is due 30 days prior to departure.
If a booking is made 30 days or less from the date of charter, full payment is due at the time of the booking.
Payment is available by Bank Transfer or Credit Card. We accept Visa, Mastercard & Amex. There is a credit card surcharge of 2% for all credit card payments for our charters.
3. Cancellation Policy
Cancellation by Guest
• If your booking is cancelled less than 30 days prior to departure Tasmanian Boat Charters shall retain the full charter fee paid.
• If a booking is cancelled more than 30 days prior to departure the deposit paid is non-refundable but transferable to another charter date within 18 months of original dates.
• The date of cancellation is the date Tasmanian Boat Charters receives written notice of cancellation.
• Cancellation also applies if guests fail to show at the arranged venue for departure. Tasmanian Boat Charters will retain the full charter fee paid.
• No refund will be paid if guests choose, for whatever reason, to leave the charter after it has commenced.
Cancellation by Tasmanian Boat Charters
Tasmanian Boat Charters reserves the right to cancel any trip due to weather conditions, insufficient numbers or other circumstances outside of its control. In such a case, guests will be given a choice of
• Transferring payments towards another trip date
• Receiving a full refund including deposit and payments paid to Tasmanian Boat Charters. Please note that we will not be liable for any flight or insurance costs guests may have incurred.
4. Delays & Changes to Scheduled Flight Departure Times
On the Escape to Port Davey cruise expedition, our access to the Southwest wilderness area is by light aircraft. These planes cannot operate in extremes of weather or poor visibility. Whilst it is unusual, changes to scheduled flight departure times can occur on both inward and outward flights. Due to this we highly recommend that guests do not arrange onward travel for at least 24 hours after the trip’s scheduled finish time.
Tasmanian Boat Charters will not be responsible for any expenses incurred for flight delays that our out of our control, including those caused by weather. We highly recommend that you purchase travel tickets that can be rebooked and obtain travel insurance to cover any expenses associated with such delays.
Delays of several hours to flight departure times due to weather are not unexpected. This is the nature of travelling to such a remote area.
Where weather delays a departure by 12 hours or more, guests will be given the option of
a) Extending trip end date so as to keep original duration
In the eventuality of a delayed departure, Tasmanian Boat Charters will endeavour to provide a complete itinerary where circumstances allow. This includes extending the trip end date & time so that the trip is of the same, or similar, duration. This does however require guests to have flexibility in their own schedule to allow for such an extension. As such, Tasmanian Boat Charters recommends that guests do not arrange onward travel for at least 24 hours after the trip’s scheduled finish time.
b) A shortened trip at a reduced rate
Should the initial departure date be cancelled, guests may have the option to start a shortened version of their original trip at a later date. In most cases, weather allowing, this will generally be the day after the original intended departure date.
In this case, guests will be compensated for the shortened duration of the trip. A refund will be calculated based on a per day rate less 25%. , and offered for each 24-hour period the trip duration has been shortened by. The day rate is calculated by dividing the expedition’s total cost by the by the total duration in days.
c) Transferring payments to another available trip date
Variation in scheduled flight departure times by several hours are not unexpected. This includes the situation where a flight time is brought forward to account for expected inclement weather at the original scheduled flight time.
If the weather does not permit travel out of Port Davey on the scheduled trip end date and guests are required to stay an extra night(s) aboard Odalisque, guests will be charged a per day rate at a 25% discount. The day rate is calculated by dividing the expedition’s total cost by the total duration in days.
Tasmanian Boat Charters will request details of any onward flights or accommodation upon your return to Hobart, so that in the case of any delays, alternative arrangements can be made on your behalf.
5. Age of Guests
The minimum age of guests for any of the overnight charters into Port Davey is 8 years. In the case where the whole vessel is chartered by a single group of people, the age limit does not apply. There are no age restrictions for those participating on a Day Charter or Charters into Bruny Island, the Tasman Peninsula or the East Coast. The parent/guardian is to take full responsibility for the child.
Day Charters can accommodate up to 40 guests, and have a minimum of 1 guest.
Escape to Port Davey cruise expeditions require a minimum of 2 guests and a maximum of 10 guests.
Overnight Charters to Bruny Island, Tasman Peninsula and East Coast require a minimum of 1 and a maximum of 10 guests.
7. Travel Insurance
We strongly recommend that guests obtain comprehensive travel insurance at the time of the initial booking. When selecting a Travel Insurance product, please ensure that it provides cover against personal accidents or injury, medical expenses, emergency repatriation and personal liability, changes to domestic connecting flights, cancellation for any reason including bereavement, delayed flights, lost luggage and personal effects.
8. Disability access
There is no disability access aboard the Odalisque.
9. Onboard Code of Conduct
Tasmanian Boat Charters reserves the right to stop you from participating on your trip if you behave in an abusive and/or threatening manner; or engage in illegal activities.
10. Waiver and Release
You acknowledge that undertaking activities in a wilderness area of a National Park and / or a water based wilderness experience is potentially a dangerous undertaking and you are undertaking such an activity at your own risk.
You acknowledge and agree that you undertake the experience freely, voluntarily and absolutely at your own risk and with a full appreciation of the nature and extent of all risks involved in the experience.
You acknowledge that Tasmanian Boat Charters is supplying you with recreational services.
You hereby to the full extent permitted by law waive all of your legal rights of action against and fully release Tasmanian Boat Charters (and any of it’s partners, officers, employees, agents or consultants) from all liability (including all claims, costs and demands) connected with your death or personal injury or loss or damage to any property howsoever arising out of or in relation to the participation by you in the Experience including without limitation, any such liability for a negligent or tortious act or omission, breach of duty, breach of contract or breach of statutory duty on the part of Tasmanian Boat Charters, it’s partners, officers, employees, agents or consultants.
This waiver shall bind you and your legal personal representatives.
11. Limitation of Liability
Tasmanian Boat Charters does not exclude or limit the application of any provision of any statute (including Trade Practices Act 1974 (Cth)) where to do so would contravene that statute; or cause any part of this Contract to be void.
Otherwise, and to the extent permitted by law, Tasmanian Boat Charters excludes all: statutory liability; tortious liability (including negligence), conditions and warranties implied by custom, the general law or statute, and liability for all special, indirect, incidental, consequential or punitive damage, and economic loss, loss of profits, loss of revenue, loss of bargain, loss of goodwill, loss of anticipated savings, or loss of use of products or equipment, arising out of or relating to these terms and conditions, the experience, or any failure to supply or delay in supplying the experience, whether or not Tasmanian Boat Charters was aware or should have been aware of the possibility of such loss or damage.
Tasmanian Boat Charters’ liability to you for any breach of any express or implied provision of these terms and conditions is limited, at Tasmanian Boat Charters’ option, to:
a) refunding the price of the goods or services in respect of which the breach occurred;
b) providing, replacing or repairing those goods; or
c) providing those services again.
You agree to indemnify and keep indemnified and hold harmless Tasmanian Boat Charters and each of its partners, officers, employees, agents and contractors against any losses, costs, claims, damages, expenses, liabilities, proceedings or demands which any of them may directly or indirectly incur or suffer as a consequence of any breach by you of your obligations under these terms and conditions.
13. Indemnity Form
We require that all guests booking the Escape to Port Davey cruise expedition or any other overnight charter sign or agree to the indemnity with payment of deposit.
Agreement can be made via tick box within website booking or hard copy to be signed with payment of deposit where applicable.
The indemnity is in the following form:
“I hereby agree to indemnify and keep indemnified Tasmanian Boat Charters, its partners, officers, employees, and agents or contractors or any of them from and against all costs, claims, actions, demands and liability whatsoever and howsoever arising from or in any way connected with the Experience (including any transportation to or from the area in which the Experience is to take place) including such costs, claims, actions, demands or statutory duty or otherwise on the part of Tasmanian Boat Charters, or any of its partners, officers, employees, agents or contractors, and including any liability in respect of or related to your death, personal injury or loss of or damage to any property owned or possessed by you, but excluding any liability in respect of which the Motor Accidents Insurance Board is bound to indemnify Tasmanian Boat Charters, its partners, officers, employees, agents or contractors, pursuant to the Motor Accidents (Liabilities and Compensation) Act 1973 of Tasmania.”
If the person signing or agreeing via tick box to this Contract signs it or agrees to it for and on behalf of a Guest the signatory warrants and assures Tasmanian Boat Charters that he or she has full power and authority to bind the Guest to the Terms and Conditions of this Contract.
You acknowledge that Tasmanian Boat Charters has relied on the representations made by you in relation to if relevant, your authority to sign this Contract, your circumstances, travel insurance availability, age and medical condition which representations you hereby:
a) confirm and warrant are true, correct and complete in every respect; and
b) acknowledge and agree are relied upon by Tasmanian Boat Charters as representations by you for the purpose of Tasmanian Boat Charters agreeing to provide the experience to you.
15. Photographic Release
Tasmanian Boat Charters reserve the right to take photographic or film records of any of its trips. Guests should be aware that Tasmanian Boat Charters may use any such photographic or film records for promotional and/or commercial purposes, or joint marketing efforts with third parties, without remuneration to guests. Guests should advise Tasmanian Boat Charters prior to departure if they would prefer otherwise.
“Tasmanian Boat Charters” means Tasmanian Boat Charters ABN 79 009 550 814.
“Booking Form” means the document described as “Booking and Guest Information Form” or such similarly described document recording the details of the guest and the guided experience chosen by the Guest.
“Contract” refers to the agreement between us and you comprised in the Booking form including these terms and conditions.
“Guest” means the person(s) so described in the booking form.
“Indemnity” means the form of indemnity attached to these terms and conditions and marked “Indemnity”.
“Recreational Services” means services that consist of participation in:
a) a sporting activity or a similar leisure-time pursuit; or
b) any other activity that:
a. involves a significant degree of physical exertion or physical risk; and
b. is undertaken for the purposes of recreation, enjoyment or leisure.
“Terms and Conditions” means the terms and conditions hereof which form part of the Contract.
“TPA” means Trade Practices Act 1974 (Cth).
“Experience” means any guided recreational services/experiencing/cruising/touring operated by Tasmanian Boat Charters.
“We / us” is, where the context permits, a reference to Tasmanian Boat Charters.
“You / your” is, where the context permits, a reference to the guest.