Terms & Conditions

About Us

www.kimberleycruises.com is a website owned by the Kimberley Cruise Centre. Our office is located in the township of Kununurra, in the Eastern Kimberley. We are an Australian travel agent registered in the state of Western Australia. Our travel agency license number is 9TA1547. Our is ABN 117603488. Our postal address is Po Box 41 Kununurra WA 6743.

Reservations

To confirm your booking please complete and sign the ‘Booking Form’, which acknowledges that you have read, accepted and understood this ‘Terms and Conditions’ sheet. A deposit is to be paid by cheque, direct debit or credit card and this deposit is non refundable. Bookings are held for a maximum of 7 days, deposit must be received within that time. A Kimberley Cruise Centre consultant will advise of the final balance due date. Failure to provide final payment by this due date will result in cancellation of the booking and forfeiture of any deposit. We recommend that clients book their connecting flights plus any accommodation required at time of deposit. All prices quoted are in Australian dollars. Bookings are not accepted through travel agents if deposits have already been paid directly to Kimberley Cruise Centre.

Discount Flights

When accepting a discounted flight and/or accommodation offer with the Kimberley Cruise Centre a higher deposit amount may be payable and flights are non-refundable.

Bookings made through travel agents

On the occasion that a travel agent books with the Kimberley Cruise Centre and there is a discrepancy between the agent and customer, the booking will then automatically be solely through the Kimberley Cruise Centre and further monies are to be paid to the Kimberley Cruise Centre (or deposit is forfeited).

Prices are subject to change until final balance is received. All prices are subject to availability and can be withdrawn or varied without notice. With changing fuel prices tour operators reserve the right to impose an additional fuel surcharge at their discretion.

Seasonal specials may be released periodically, however, the Kimberley Cruise Centre cannot be liable for any fluctuations that may occur. Prices quoted are based on the best available at time of booking. Kimberley Cruise Centre is unable to forecast or guarantee any alternative rates or seasonal specials that may be released between booking and cruising times and such rates are at the total discretion of the vessel.

Prices

Prices listed in this site are in Australian dollars and include GST (General Sales Tax) where applicable. They do not include transport from the client’s home port to holiday destination and return, items of a personal nature, meals, transfers and existing or proposed taxes and government charges, unless otherwise indicated.

Payment Procedure

We accept payment by cash, cheque (directly deposited by you into our bank) and credit card (with a surcharge – please enquire). All of our prices are in Australian dollars and credit cards will be debited in that currency. Payment may also be by bank transfer. Kimberley Cruise Centre will not incur bank charges associated with transfers.

Travel Insurance

It is strongly recommended that passengers arrange suitable travel insurance at time of booking. This acts as protection from certain circumstances which may force you to cancel or leave an expedition if covered by the policy (see your chosen insurance provider’s policy booklet for details of what can be covered). Kimberley Cruise Centre accepts no responsibility for the actions of any carrier that results in the purchaser not meeting a booking condition or deadline. We recommend Covermore insurance and a policy that covers unlimited medical evacuation costs.

Medical Risks

We strongly advise that you arrange comprehensive travel, cancellation and medical insurance, at the time of booking. Passengers with any medical conditions should advise a Kimberley Cruise Centre staff member at the time of booking. Emergency evacuation is available for severe medical reasons, at the customer’s expense and may be claimable by many travel insurance companies as long as it is not a pre-existing medical condition (unless the insurance company has pre-approved such).

Health & Mobility

A good level of fitness is essential for you to undertake the expeditions listed on this website. More challenging walks can be over terrain with uneven and slippery surfaces. Sturdy and comfortable walking shoes and attire are essential. If you have any questions, please contact us.

Passports & Visas (Overseas Travel)

It is your responsibility to ensure that you have valid passports, visas and re-entry permits which meet the requirements of immigration and other government authorities. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be your sole responsibility. All travellers must have a valid passport for international travel and many countries require at least 6 months validity from the date of entry.

Cancellation Fees

We are unable to provide a refund to you until we receive the funds from the relevant supplier. Cancelled bookings will incur charges. These charges can be up to 100% of the cost of the booking, regardless of whether travel has commenced. Fees may also apply where a booking is changed or tickets are reissued. In some instances, the non-refundable/cancellation fees may be claimed from your travel insurance policy under the terms of that policy for certain conditions. All cancellations incur an admin fee of $200 per couple booked per travel component ($200 also applies to single travellers) plus any applicable credit card charges, along with the cancellation penalty as imposed by the chosen tour operator.

Unforeseen events & force majeure

Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by unavoidable and extraordinary circumstances which we or our supplier(s) of the service(s) in question could not avoid even taking all reasonable measures. These events can include but are not limited to war, the threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, disease and pandemics, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or the supplier(s) concerned control.

Kimberley Cruise Centre will advise all parties concerned of the cancellation of a tour or cruise due to unavoidable, extraordinary circumstances as soon as we can.

Agency

Kimberley Cruise Centre acts as a travel agent only. We sell various travel related products on behalf of numerous transport, accommodation and other wholesale service providers, such as airlines, coach, rail and cruise line operators. Kimberley Cruise Centre’s obligation is to make travel bookings on your behalf and to arrange relevant contracts between you and travel service providers. We have no responsibility for these services nor do we make or give any warranty or representation regarding their standard. All bookings are made subject to the terms and conditions and limitations of liability imposed by these service providers. Your legal recourse is against the specific provider and not Kimberley Cruise Centre. If for any reason, any travel service provider is unable to provide the services for which you have contracted your remedy lies against the provider and not with Kimberley Cruise Centre.

Liability

We do not accept any liability of whatever nature, whether in contract, tort or otherwise, for the acts, omissions or default, whether negligent or otherwise, of third party providers over whom we have no direct control. Under circumstances where liability cannot be excluded, such liability is limited to the value of the purchased travel arrangements. We do not accept any liability in contract, tort or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by force majeure or any other event which is beyond our control which is not preventable by reasonable diligence on our part. We reserve the right to cancel or modify itineraries or bookings where circumstances require.

Kimberley Cruise Centre will not accept responsibility for any additional or alternative travel arrangements (including the use of local guides and the purchase of services and excursions) that are made independently by clients and that are separate, or in addition, to the booked and ticketed itinerary. Clients should be aware that if they choose not to utilise certain booked services locally such services are non-refundable. Guides and other overseas representatives and partners of Kimberley Cruise Centre are not authorised to offer or promise refunds for unused services.

Cruise Departure

Cruise departure/arrival times are approximate and can vary due to tides, weather etc. Please keep this in mind when booking any flights in or out. We recommend arriving at least one day prior to your cruise/tour begins and departing at least one day after your cruise/tour ends.

Flights

It is your responsibility to contact the airline prior to travel to ensure the scheduled departure time has not changed.

All flight reservations are booked under the terms & conditions as advised by the airlines. Please look at the airlines’ clauses covering amendments and cancellations as detailed in your trip confirmation. All prices quoted are correct at the time of writing however fares and taxes can change without notice and are not guaranteed until full payment has been made.

All governments levy various pre-paid airport taxes and where applicable and possible these have been included in the cost of the airline ticket and will be shown in the relevant tax boxes of your ticket. There may be some variations in final costs depending on exchange rate fluctuation and the number of taxes imposed at time of ticketing. Any additional costs or taxes that occur locally such as departure taxes payable at airports in cash will be the responsibility of the traveller.

Travel Documents

Travel documents include (without limitation) airline tickets, hotel vouchers, tour vouchers or any other document (whether in electronic form or otherwise) used to confirm an arrangement with a service provider. Travel documents may be subject to certain conditions and/or restrictions including (without limitation) being non-refundable, non-date-changeable and subject to cancellation and/ or amendment fees. All travel documents are non transferable. All airline tickets must be issued in the name of the passport/photo identity holder, some carriers will deny carriage if the name varies and the booking may be cancelled. It is your responsibility to collect all travel documents from us prior to travel.

Pasenger Health & Responsibilty

The passenger admits a full understanding of the nature and character of the vessel and the scope of the activities contemplated by the passenger during the tour (including those relating to off-vessel activities such as excursions in the vessel tenders, snorkelling and diving) and assures and undertakes to the carrier:-

That they are in good health and will be able to undertake the tour and the contemplated activities;
That they will effect travel insurance sufficient to cover and limitation of liability against the Operator;
That they accept the risk that they may suffer from motion sickness;
That they have disclosed any physical or mental disability requiring special attention or treatment at the time when the reservation for the tour was made;
That the passenger accepts that a medical certificate certifying fitness for travel may be required at the Carrier’s request, and if any passenger has had surgery less than three months prior to sailing, that passenger must submit a letter from a qualified physician stating that he or she is fit to travel.
The Carrier reserves the right to deny passage if a passenger requires care and attention which the carrier cannot adequately provide and this decision may be made by the Carrier in its sole discretion;
Any charges incurred by passengers for medical reasons including but not limited to physicians, surgeons, hospitals, off vessel accommodation, medication, diagnostic facilities, air ambulance evacuation or ground ambulance shall be the sole responsibility of the passenger;
The passenger agrees to indemnify the Carrier from and against all claims, costs, charges and fines or penalties arising as a result of any claim made against the carrier in this respect. It is your responsibility to ensure that you carry all necessary vaccination documentation.

Credit Card Transactions

Credit card surcharges may apply when paying by credit card – please enquire. If for any reason any travel service provider is unable to provide the services for which you have contracted, your remedy lies against that provider, and not against Kimberley Cruise Centre. In the event that payment has been made to Kimberley Cruise Centre by credit card, you agree that you will not seek to charge back your payment to Kimberley Cruise Centre.