TERMS & CONDITIONS

Please note that all terms and conditions apply equally to Gift-Vouchers as well as bookings unless stated differently.

GENERAL TERMS:

  • All charters and cruises are operated by Fish n Fun pty ltd as trustee for the VDV Family trust, operating as Fish n Crab Deep Sea Charters.
  • These terms and conditions will also be emailed to you together with your booking confirmation.
  • Fish n Crab Deep Sea Charters, it’s employees or associated companies will not be held responsible for any personal injuries, equipment loss or damage sustained whilst engaged in any activities, including boarding and disembarking the vessel, with Fish n Crab Deep Sea Charters. While Fish n Crab Deep Sea Charters make every effort to safeguard clients they would like to advise that; all water activities include risk, and all activities on board or off board are at individuals own risk. The company, directors and staff accept no responsibility or liability for any loss, accident or injury to persons or property.
  • All Passengers that board and or Sail with Fish n Crab Deep Sea Charters acknowledge that they do so at their own risk, and in no circumstance will Fish n Crab Deep Sea Charters, its officers, servants, or agents be held responsible for any accident, injury, loss or damage to person, valuables or property whilst embarking, traveling, engaging in fishing or fishing related activities or any other activities on board, or disembarking from Fish n Crab Deep Sea Charters.
  • To ensure all passengers have been informed of, and acknowledge the terms and conditions, all passengers are required to sign a Release of Liability/Assumption of Risk form prior to departure. The signing of this Release of Liability/Assumption of Risk will take place upon boarding the vessel. The Release of Liability/Assumption of Risk will also form part of Fish n Crab Deep Sea Charters passenger verification documentation.
  • Any passenger that refuses to sign the Release of Liability/Assumption of Risk form will be refused admission to the Charter and no refunds will be deemed applicable or provided in such cases.
  • Passengers with any back, neck, shoulder or heart conditions, or those who are pregnant or who have injuries/conditions that may cause a risk to their health are not permitted to ride on the boat, and if so, do so at their own risk. All trips and rides are suitable for persons with normal health and fitness.
  • All Fish n Crab Deep Sea Charters passengers must meet the minimum age of 7 years.
  • Fishing Activities are not recommended for children under the age of 7 years and is an open water activity which involves weights, hooks, knives and marine life which may be able to cause harm.
  • Children aged 13 years and under must be accompanied by an adult.
  • Adult company is recommended for any passenger between the ages of 14 and 18.
  • Should you have any concerns with motion sickness please consult a chemist.
  • Fish n Crab Deep Sea Charters reserves the right to refuse service to those who are believed to be affected by alcohol or drugs and no refund will be provided in such cases.
  • Fish n Crab Deep Sea Charters has the right to refuse any passengers for any reason.
  • Drugs are NOT permitted on the vessel at any time.
  • Clients must be at the wharf at least 20 minutes prior to boarding. This to allow for boarding and safety briefing without impacting on the actual charter duration.
  • A minimum of 8 full paying passengers are required for any 5 hour charter to be able to proceed.
  • A minimum of 9 full paying passengers are required for any 7 hour charter to be able to proceed.
  • A minimum of 10 full paying passengers are required for any 9 hour charter to be able to proceed.
  • A minimum of 12 full paying passengers are required for any 11 hour charter to be able to proceed.
  • A minimum of 12 full paying passengers are required for any overnight hour charter to be able to proceed.
  • A minimum of 8 full paying passengers are required for any party cruise to be able to proceed.
  • We will confirm the weather conditions, passenger numbers and if the charter is proceeding or not on the evening prior to the charter.
  • In the event of bad weather forcing the cancellation of a charter prior to departure you may re-book at your convenience, or obtain a voucher to return at a later date. With the exception of Gift voucher bookings, a refund is also available should an alternative booking date not be viable.
  • If a charter is cut short of time due to unexpected weather conditions, mechanical problems, or other influences outside the control of Fish n Crab Deep Sea Charters, it is at the sole discretion of Fish n Crab Deep Sea Charters to determine if any part refund or assistance is warranted. Sea Sickness and a lack of caught fish are not valid reasons for any form of refund, and such requests will not be considered under any circumstances.
  • Passengers may be filmed/photographed during the tour. Fish n Crab Deep Sea Charters reserves the right to reproduce such film/photos for any purpose whatsoever without notification, compensation or payment. Passengers acknowledge that such use may be via social media sites.
  • Fish n Crab Deep Sea Charters reserves the right to alter the departure time and departure point as and when required.
  • Fish n Crab Deep Sea Charters reserves the right to add, withdraw, substitute and/or vary advertised routes, prices and departure times at any time. The operator reserves the right to refuse entry, substitute the vessel and change the day’s itinerary without notice.
  • All details are correct at time of printing/publishing and are subject to change without notice.

PAYMENT & CANCELATION TERMS:

  • Payment of a deposit, or in full, constitutes a confirmed booking and acceptance of these terms and conditions..
  • Groups are considered as 4 to 6 passengers.
  • Large Groups are considered as 7 to 17 passengers.
  • Full vessel bookings are considered as any number of passengers who as a group purchase the vessel for an exclusive ride upon which no other passengers are able or allowed to purchase tickets. In effect such groups purchase a minimum of 19 tickets total.
  • To secure a booking a 20% deposit is required. This is paid by credit card. If you are unable to pay by credit card, the deposit must be equal to the entire amount due for the booking. This can be paid via cash or direct deposit into our account. No credit card fees are applicable.  All prices include taxes.
  • Any payments by direct deposit into our account must be made a minimum of a full 3 weeks prior to the date of departure. If such payments have not shown in the account by such time the payment will be deemed to be not made and the booking will be offered to other passengers. Fish n Crab Deep Sea Charters are under no obligation to contact the person that has made the booking to advise them of such.
  • Fish n Crab Deep Sea Charters operates in an outdoor / offshore marine environment. Trips may change or be cancelled due to weather conditions. We still operate if it is raining and such rain does not adversely impact on visibility. Fish n Crab Deep Sea Charters reserves the right to cancel services due to inclement weather (generally defined as heavy precipitation creating visibility issues, extreme wind and extreme swell conditions, determined as dangerous by Fish n Crab Deep Sea Charters). Such determination is not subject to passenger input. In the event this occurs rescheduling to an alternative date will be organised for a convenient time.
  • All tickets for rides which are considered able to proceed (including all types of gift certificates) are non-refundable.
  • All bookings must be paid in full at least 24 hours in advance and are non-refundable within 72 hours for individuals, and in accordance with the group booking and cancellation policy below for groups and boat bookings, of the pre-booked charter or cruise time unless such charter or cruise is canceled by Fish n Crab Deep Sea Charters.
  • Any cancellations or ‘no shows’ made outside these terms and conditions will incur a 100% cancellation fee, inclusive of Gift Certificate bookings, and such tickets will be considered forfeited by passengers.
  • No amounts are refundable if the required notice period is not given. Gift-vouchers are considered to have been redeemed in full should the applicable notice not be provided.
  • Same day bookings are non-refundable. If cash payment at wharf on day of service is the chosen method of payment a credit card number must be provided to secure such a booking. Fish n Crab reserves the right to charge a small fee to the credit card supplied to ensure the information provided is valid and correct. Such a fee will not exceed $20.00 (Twenty Dollars).
  • All individual cancellations, including Gift Certificate Bookings, must be received 3 full days (72 hours) or more prior to the departure date and time.

GROUP BOOKINGS ADDITIONAL CONDITIONS

  • For group bookings of greater than 3 passengers, but not more than 18 passengers, payment is required in the following manner:
    • The person that has contacted Fish n Crab Deep Sea Charters – from here indicated as the group organiser – takes full responsibility of the booking.
    • The group organiser must supply a deposit of at least 20% to secure the booking. This payment must be made by credit card.
      • Any other form of payment such as cash or direct deposit cannot be for a deposit but is allowable for a full payment, further part payment(s) or a payment of the remaining balance.
    • The group organiser is required to supply payment of any remaining balance still outstanding for the booking 1 week (5 working days) prior to the charter date booked.
    • The group organiser agrees that they are aware that as Fish n Crab Deep Sea Charters will not be able to take any further bookings to cover/replace the number of passengers you have committed to at the time of booking, the total balance will be charged to the group organiser’s credit card in the case any or all of the group/party not show on the day, or should insufficient cancellation notice not be provided to Fish n Crab Deep Sea Charters.
    • In all cases of a group booking, all discussions relating to any financial aspect will be with the group organiser. Other individuals within the group have no status financially with Fish n Crab Deep Sea Charters as there is no record of financial dealings with anyone else within the group.
    • Full balance of payment is required for full vessel bookings (19 to 22 persons) 21 days prior to the departure date.
    • All large group bookings (7 to 18 persons) require a minimum 14 days notice to be eligible for a refund.
    • All other group (4 to 6 persons) require a minimum 7 days notice to be eligible for a refund.
    • Special offers cannot be combined in any manner.
    • Barter Card Payments are considered a special offer and as such cannot be combined with other offers available.

REFUNDS:

  • Refunds are offered and applicable only in the following circumstances:
    • Cancellations by Fish n Crab Deep Sea Charters due to weather, lack of passenger numbers, or other circumstances requiring the charter to be cancelled by Fish n Crab Deep Sea Charters.
  • All persons booking acknowledge they understand and agree that a lack of fish or crabs caught on a charter is NOT a reason for any form of refund. The charter is based on taking passengers to fishing locations, supplying fishing tackle for use on the charter and crew for the operation of the vessel.

TERMS SPECIFIC TO WHALE WATCHING CHARTERS:

  • Whale Watching is not recommended for children under the age of 3 years and is an open water activity.  Whilst Fish n Crab Charters make every effort to ensure whales are sighted on your charter, should a whale not be sighted on your tour no refunds or repeat trips are applicable.

GIFT VOUCHERS/CERTIFICATES:

  • Gift vouchers are not refundable once purchased.
  • Standard, non promotional, gift vouchers are valid for 12 months. The expiry date is shown on your gift voucher. Once a voucher has expired, it is no longer valid. Unused vouchers at the date of expiry will not be refunded and will become the property of Fish n Crab Deep Sea Charters. Extensions are only given once an additional fee has been paid to extend the voucher – Maximum of 3 months given.
  • Non-standard gift vouchers are valid for either 3 or 6 months. Non Standard gift vouchers may be supplied by Fish n Crab Deep Sea Charters for promotions, prizes and other reasons at the sole discretion of the company. Non-standard gift vouchers cannot be purchased. The expiry date is shown on the gift voucher. Once a voucher has reached the expiry date it is no longer valid nor redeemable. Unused vouchers at or after the date of expiry will not be refunded and will become the property of Fish n Crab Deep Sea Charters. Extensions on non-standard gift vouchers will not be given under any circumstances. If a non-standard gift voucher is for more than one person such a voucher cannot be used on separate dates. Regardless of the number of people able to use the voucher at the given time, the voucher can in total only be used on a single occasion. Once used to secure a booking, gift vouchers are treated as a standard booking. This means that ‘no shows’ incur a 100% cancellation fee, which in reality voids the Gift Voucher making any further bookings on the voucher impossible.
  • Fish n Crab Deep Sea Charters reserves the right to cancel or void your gift certificate if you make a booking and do not show up, or show up late. This is inclusive of same day bookings (ie. those made on the same day as departure).
  • Any discussions relating to any financial aspect will be with the person paying for the gift voucher. Individuals who have been provided such a gift voucher have no status financially with Fish n Crab Deep Sea Charters as we have no record of financial dealings with anyone other that the purchaser.
  • Gift vouchers may be transferred to another person provided Fish n Crab Charters is informed of and agrees to such transfer by the person named on the voucher. All normal terms and conditions outlined by Fish n Crab charters apply equally to gift vouchers unless clearly stated differently.

PRIVACY POLICY:

  • In Australia, your privacy is protected under law by the Privacy Act 1988 (Cth) and this policy which sets out how we manage your personal information to protect your privacy.
  • We do not collect personal information unless it is necessary for providing our services. We collect, use and store your personal information so that we can provide you with the service you requested. This includes managing your personal information for verifying your identity, preventing fraud and processing your requested sales transaction. We will only use your personal information for the purpose for which it was collected and any related purpose such as improving our services.
    This includes marketing and internal quality control. We will not disclose your personal information to anyone without your consent unless required to do so by law or for providing our services or related purposes. The type of personal information we collect may include your name, address, phone number, email and credit card details.
  • We protect your collected personal information from abuse, loss or unauthorised access. When you make a payment through our web site your personal and financial details are protected. Your personal information is stored securely on paper or electronically. We do not store your credit card details on our servers.
    We use passwords, firewalls, secure certificates, data encryption and 128bit secure server technology. We also require our employees and contractors to maintain confidentiality.
  • You may contact us anytime to gain access to your personal information. We may refuse access under limited circumstances prescribed by law. This includes refusing access if it would pose a serious threat to the life or health of any person or access would unreasonably impact the privacy of others. We collect, use and store personal information that is as accurate and current as possible. Please contact us if you believe your personal information is inaccurate or incomplete.