1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and Hrustyaschaya-Manka ABN 12 345 678 901 ("Company," "we," "us," or "our") regarding your use of our cruise services and website.
By booking a cruise, using our website, or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
If you do not agree to these Terms, you must not use our services or book any cruises with us.
2. Definitions
- "Cruise" means any maritime travel experience provided by the Company
- "Passenger" means any person traveling on our vessels or participating in our services
- "Booking" means the reservation and purchase of cruise services
- "Vessel" means any ship, boat, or watercraft operated by or on behalf of the Company
- "Services" means all cruise-related services including accommodation, dining, activities, and transportation
- "Force Majeure" means events beyond our reasonable control including but not limited to weather, natural disasters, government actions, or other circumstances
3. Booking and Payment
3.1 Booking Process
- All bookings must be made through authorized channels including our website, phone, or authorized travel agents
- Bookings are subject to availability and confirmation by the Company
- A booking is confirmed only when we receive full payment and issue a booking confirmation
- All passengers must be named at the time of booking
3.2 Payment Terms
- Full payment is required at the time of booking unless otherwise specified
- For bookings made more than 90 days before departure, a deposit of 50% may be acceptable with full payment due 90 days before departure
- All prices are in Australian Dollars (AUD) unless otherwise stated
- Prices include GST where applicable
- We reserve the right to correct pricing errors
3.3 Price Changes
Prices may change due to:
- Government taxes, fees, or charges
- Fuel surcharges
- Currency fluctuations (for international components)
- Force majeure events requiring itinerary changes
3.4 Group Bookings
Special terms may apply to group bookings of 10 or more passengers. Group bookings require separate contracts and may have different payment and cancellation terms.
4. Cancellation and Refunds
4.1 Cancellation by Passenger
Cancellation fees apply as follows based on notice period before departure:
- More than 90 days: 10% of total cruise fare
- 90-61 days: 25% of total cruise fare
- 60-31 days: 50% of total cruise fare
- 30-15 days: 75% of total cruise fare
- Less than 15 days: 100% of total cruise fare (no refund)
4.2 Cancellation by Company
We reserve the right to cancel cruises due to:
- Insufficient bookings
- Safety concerns
- Weather conditions
- Mechanical issues
- Force majeure events
In case of cancellation by us, passengers will receive a full refund or alternative cruise option of equal value.
4.3 Itinerary Changes
We reserve the right to modify itineraries due to weather, safety, or operational reasons. Minor itinerary changes do not entitle passengers to refunds, but we will provide alternative experiences where possible.
4.4 No-Show Policy
Passengers who fail to embark without prior notice forfeit the entire cruise fare with no refund available.
5. Passenger Responsibilities
5.1 Documentation
- Passengers must carry valid identification and travel documents
- International passengers must have valid passports and necessary visas
- Passengers are responsible for ensuring their documents are valid for the entire cruise duration
- We are not liable for denied boarding due to inadequate documentation
5.2 Health and Fitness
- Passengers must be in suitable health for the chosen cruise type
- Medical conditions that may affect safety must be disclosed at booking
- Expedition cruises may require moderate fitness levels
- Pregnant passengers may be restricted from certain activities
- Age restrictions may apply to certain cruise types
5.3 Conduct and Behavior
- Passengers must comply with all vessel rules and crew instructions
- Disruptive behavior may result in removal from the vessel at passenger expense
- Illegal activities are strictly prohibited
- Excessive alcohol consumption may result in service refusal
- Respect for other passengers and crew is mandatory
5.4 Personal Property
- Passengers are responsible for their personal belongings
- We recommend travel insurance for valuable items
- Baggage restrictions may apply
- Lost or damaged items are not our responsibility unless due to our negligence
6. Health and Safety
6.1 Medical Facilities
- Basic medical facilities are available on all vessels
- Serious medical emergencies may require evacuation at passenger expense
- Passengers requiring special medical attention must notify us in advance
- Prescription medications must be brought in sufficient quantities
6.2 Safety Procedures
- All passengers must attend mandatory safety briefings
- Life jackets must be worn when required
- Swimming and water activities are at passenger's own risk
- Zodiac boarding requires following specific procedures
- Shore excursions have inherent risks that passengers accept
6.3 Environmental Responsibility
- Passengers must follow all environmental guidelines
- Wildlife interaction rules must be strictly observed
- Littering or pollution is strictly prohibited
- Protected area regulations must be followed
7. Liability and Insurance
7.1 Limitation of Liability
Our liability is limited to the maximum extent permitted by law. We are not liable for:
- Injury, illness, or death not caused by our negligence
- Loss or damage to personal property
- Delays or cancellations due to circumstances beyond our control
- Activities undertaken independently by passengers
- Third-party service provider failures
7.2 Maximum Liability
Where we are found liable, our maximum liability is limited to the amount paid by the passenger for the specific cruise, except for death or personal injury caused by our negligence.
7.3 Insurance Requirements
- We strongly recommend comprehensive travel insurance
- Insurance should cover medical expenses, evacuation, and trip cancellation
- Adventure activities may require specialized coverage
- Pre-existing medical conditions must be declared to insurers
7.4 Indemnification
Passengers agree to indemnify us against any claims arising from their breach of these Terms or negligent or unlawful conduct.
8. Force Majeure
8.1 Force Majeure Events
We are not liable for failure to perform due to circumstances beyond our reasonable control, including:
- Severe weather conditions
- Natural disasters
- Government actions or restrictions
- Terrorism or security threats
- Pandemic or health emergencies
- Labor disputes
- Supplier failures
8.2 Remedies
In force majeure situations, we will:
- Make reasonable efforts to provide alternative arrangements
- Communicate changes as soon as practically possible
- Offer future cruise credits where appropriate
- Follow our established policies for each situation type
9. Disputes and Governing Law
9.1 Governing Law
These Terms are governed by the laws of New South Wales, Australia, and any disputes will be subject to the exclusive jurisdiction of the courts of New South Wales.
9.2 Dispute Resolution
- We encourage resolution of disputes through direct communication
- Formal complaints should be submitted in writing within 30 days
- Mediation may be offered for significant disputes
- Legal action must be commenced within 12 months of the cruise completion
9.3 Class Action Waiver
Passengers agree to resolve disputes individually and waive rights to participate in class action lawsuits.