1. General Information

By using the Aria Cruises (we, us, our) website and services, you agree to be bound by, and abide by, these Terms and Conditions. We may change these Terms and Conditions at our discretion and without notice. By continuing to use our website and services, you accept the Terms and Conditions as they apply from time to time.

2. Definitions

2.1. In these Terms and Conditions:

“Adult” means a person over the age of 18.

“Adult Ticket” means a person over the age of 12.

“Aria Cruises” means Aria Cruises Pty Ltd ABN 99 604 781 035.

“Cruise Date” means the date of your reservation.

“Ticket” means individual bookings on a public charter.

“Charter” means private boat bookings.

“Child Ticket” means a person between the ages of 0 to 12.

“Passenger” means you and any of your guests.

“Public Holiday” means a recognised public holiday or bank holiday in Queensland.

“Special Event Cruises” means a Charter provided by Aria Cruises for a specific event which does not form part of their general Charter bookings including, but not limited to, New Years Eve or Riverfire cruises, or any other Charter advertised as a ‘Special Event Cruise’

“Vessel” means any commercial vessel used by Aria Cruises.

3. Ticket bookings

3.1. Full payment must be received at the time you make your booking. Valid credit card details may be required to secure your booking.

3.2. Aria Cruises reserves the right to provide any Vessel that performs a particular service. Your flexibility is required for booking availability, and to allow time for us to maintain our Vessels.

3.3. A 24-hour cooling off period will begin once a booking request has been accepted and a payment has been made. After 24 hours the cancellation policy applies.

3.4. Subject to clause 3.6, if you wish to cancel or reschedule your booking, you must notify Aria Cruises at least 72 hours prior to the Cruise Date otherwise the ticket price is forfeited.

3.5. Subject to clause 3.6, bookings can only be cancelled at least 72 hours prior to the Cruise Date, and Aria Cruises reserves the right withhold 10% of the booking fee paid to recoup its incurred administrative costs.

3.6. You may cancel a booking made for Special Event Cruises within the cooling off period in clause 3.3, following which the total booking fee for a Special Event Cruises will be forfeited in consideration of the additional costs and expenses incurred by Aria Cruises in planning, co-ordinating and operating Special Event Cruises. For the avoidance of any doubt, Special Event Cruises may be cancelled within the 24-hour cooling off period but are otherwise not refundable.

3.7. Aria Cruises reserves the right to refuse or cancel your booking if incorrect information has been provided.

3.8. Aria Cruises reserves the right to change the itinerary and time of your booking due to weather conditions or for any other reason.

3.9. Children’s ticket prices apply to ages 0-12 only.

3.10. Generally, Aria Cruises gift vouchers are valid for a period of 3 years after which time they shall lapse and Aria Cruises may refuse to honour expired vouchers.

3.11. Certain gift vouchers will be not valid for a period of 3 years, and these include but are not limited to gift vouchers that are:

3.11.1. Able to be reloaded or topped up;

3.11.2. Donated for promotion purposes;

3.11.3. available only for a specified period;

3.11.4. supplied at a genuine discount;

3.11.5. part of an employee reward scheme;

3.11.6. part of a customer loyalty program;

3.11.7. second-hand gift cards;

3.11.8. part of a temporary marketing promotion; or

3.11.9. supplied to certain charities or government agencies, and such gift vouchers provided for under clause 3.10.1-3.10.9 will only be valid for the period of time specified on the gift voucher, after which time they will lapse and no longer be redeemable.

3.12. Gift vouchers, discount vouchers and credit cannot be used for bookings fees or other costs associated with Special Event Cruises.

3.13. Fees and charges displayed on the website are subject to change at any time at our sole discretion.

3.14. The availability of products and services and their fees and charges are subject to change from time to time at our sole discretion.

3.15. Aria Cruises reserves the right to reschedule a cruise should it receive less than 12 passengers for any particular Cruise Date.

3.16. Public Holidays may incur a twenty-five (25%) percent surcharge.

4. Charter bookings

4.1. Bookings are subject to availability and quotes are valid for 7 days from the date that the quote was provided.

4.2. Aria Cruises does not reserve Cruise Dates unless a payment has been made.

4.3. Bookings can only be cancelled or rescheduled at least 14 days prior to the Cruise Date, and Aria Cruises reserves the right withhold 10% of the booking fee paid to recoup its incurred administrative costs.

4.4. All bookings for group events and special occasions must be a Charter booking.
4.5. To reserve the entire Vessel, you will be required make a deposit of 25% of the full payment over the phone or to a bank account nominated by Aria Cruises at the time of booking.

4.6. The balance must be paid in full at least 13 days prior to the Cruise Date.

4.7. Cancellations within 13 days of the Cruise Date receive no refund of any payment made to Aria Cruises and the booking shall be forfeited.

4.8. Aria Cruises will use all reasonable endeavours to re-book the dates with a replacement booking, and only if your booking is replaced, will Aria Cruises consider offering a partial refund, less its administrative fees.

4.9. Activities (which are not paid for in addition to chartered ticketed bookings) are subject to weather conditions and other factors outside of our reasonable control. Aria Cruises makes no guarantee that passengers can partake in such activities.

5. Cancellations by Aria Cruises

5.1. Aria Cruises and its representatives reserve the right to cancel a reservation at any time, and will provide as much notice to you as possible.

5.2. Aria Cruises shall not be responsible for any compensation for travel time, loss of earnings, or accommodation costs as a result of cancellation or re-booking.

5.3. Aria Cruises reserves the right to offer an alternative service to the same or greater value as a replacement, credit your payment, or refund your payment where the ticket was purchased at recommended retail price.

5.4. Discounted reservations are non-refundable but may be credited toward an alternative service.

5.5. Any credit that you may have with us (due to cancelled booking or otherwise) is subject to our price increases and you may be required to pay an additional amount (on top of your credited amount) to secure an alternative service,

5.6. A 6-month time limit applies to rebook a discounted reservation, and block out dates apply during the Christmas, New Year and Easter holiday period.

6. No-Shows and Late Terminations

6.1. If you do not show up for your reservation or if you terminate your reservation after you have checked in you will be required to pay Aria Cruises the full amount of your reservation.

7. Refunds

7.1. Discounted vouchers, gift cards, Qoin and Bartercard reservations are non-refundable.

7.2. Any refunds processed will be credited back to the bank account from which the money came from or onto the card that was used to make the reservation.

7.3. If the booking was made through a booking agent or event organiser, the credit or refund will be arranged with that third party.

7.4. If the booking is cancelled for reasons outside the control of Aria Cruises, the customer will be entitled to a credit which can be used at anytime subject to the cruise’s availability and price increases pursuant to clause 5.5.

8. Unaccompanied Minors

8.1. All passengers under the age of 18 must be supervised and accompanied by a responsible Adult such as a parent, step-parent, teacher, caregiver, guardian or an Adult who has parental rights and responsibilities for the minor passenger.

8.2. If a passenger is found to be a person under the age of 18 and is not accompanied by a responsible Adult, Aria Cruises may immediately cancel the reservation and the full ticket price is forfeited.

9. Your Obligations and Responsibilities

9.1. By making a reservation you agree that you and any of your guests will:

(a) listen and abide by the safety briefings provided by Aria Cruises and its representatives;

(b) obey any and all instructions given by Aria Cruises and its representatives;

(c) be respectful to other passengers and Aria Cruises and its representatives during your reservation;

(d) board and exit the Vessel under the sole instruction of Aria Cruises and its representatives;

(e) wear suitable footwear on the Vessel or remove footwear before boarding; and

(f) complete any forms required accurately at the request of the crew.

9.2. For the purposes of sub-clause 9.1(e), suitable footwear does not include any shoes that have high-heels or black soles and boots and some Vessels may have a no shoes onboard policy.

9.3. Decoration materials (except balloons) are permitted on Charter bookings unless they cause a safety hazard, environmental concerns, damage the Vessel or create excess mess.

9.4. Passengers are responsible for any damage or cleaning costs that they cause, which we will determine at our reasonable discretion after making enquiries as to the cause of any damage.

10. Prohibitions

10.1. Adult entertainment and nudity is not permitted.

10.2. Smoking and illegal substances are strictly prohibited on the Vessel.

10.3. Any passenger found to be in possession of illegal substances or is found to be smoking on the Vessel will be reported to the relevant authorities and the reservation cancelled immediately.

11. Risk

11.1. You agree that you use and occupy the Vessel at your own risk.

11.2. All recreational activities undertaken by you while on the Vessel will be at your own risk and you agree to release Aria Cruises from any liability in relation to such activities.

11.3. Aria Cruises reserves the right to require passengers to sign an assumption of risk form and may refuse to provide you service should you fail to sign an assumption of risk form.

12. Marketing and Advertising

12.1. Aria Cruises reserves the right to photograph and video your charter service and to use that material for marketing and advertising purposes, including social media.

12.2. You must inform representatives from Aria Cruises if you do not wish to be photographed or videoed during your charter service in writing prior to the Cruise Date and then again inform the crew in person during boarding prior to departure.

12.3. By sharing any posts on social media whereby you have tagged Aria Cruises, you consent to Aria Cruises reposting those posts and using the content for marketing purposes.

13. Food and Beverage Disclaimer

13.1. All food provided by Aria Cruises is prepared in an area containing gluten, nuts, meats and seafood, and may contain traces of these foods.

13.2. You must advise Aria Cruises if you have any food allergies.

13.3. You are welcome to bring additional food onto the Vessel however no cooking or refrigeration facilities will be available on the Vessel for your use.

13.4. Menu items and quantity may vary according to the season, demand and availability.

13.5. Your complimentary beverages shall only be provided to you during lunch or at the sole discretion of Aria Cruises and its representatives. No person shall receive more than one (1) complimentary beverage at any given time.

13.6. Alcohol is only to be consumed by persons who are eighteen (18) years of age and older.

13.7. BYO of drinks is strictly prohibited on licenced Vessels.

13.8. Responsible Service of Alcohol guidelines will be adhered to by Aria Cruises and its representatives at all times.

14. Disclaimers

14.1. Aria Cruises has used reasonable efforts in collecting, preparing and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to on its website, sub-sites and online brochures, or content published by third parties.

14.2. Aria Cruises does not warrant or guarantee that your reservation will commence or complete at the specified time on your reservation due to factors beyond the control of Aria Cruises.

14.3. Aria Cruises does not warrant or guarantee the sighting of marine life.

14.4. Sails on the Vessel shall be put up at Aria Cruises and its representatives’ sole discretion and does not guarantee or warrant that the sails on the Vessels will be up at any time during your reservation.

14.5. Aria Cruises does not warrant or guarantee the catching of fish and adheres to the Fisheries Act 1994 (Qld) and related legislation and regulations.

14.6. Aria Cruises reserves the right to charge you should any damage occur to the Vessel.

14.7. Aria Cruises does not guarantee any email, text, or voice transmission sent by Aria Cruises to you are secure and error-free. Aria Cruises does not accept any liability for any errors that are contained within such correspondences.

15. Limitation on Liability

15.1. To the fullest extent permitted by law, Aria Cruises shall not be liable to you for any indirect, incidental, special, consequential or punitive damages, including death, damage or loss, arising out of or in relation to your use and occupancy on the Vessel, unless directly caused by the negligence of Aria Cruises or its representatives.

15.2. Aria Cruises shall not be liable for any items owned by you that are lost, stolen or damaged during your reservation.

15.3. Aria Cruises shall hold onto any lost item for 1 week after being found and if you fail to come forward to identify and collect the item, it shall be deemed abandoned and the property of Aria Cruises who may deal with the item in its sole discretion.

15.4. Aria Cruises does not accept any responsibly for where you park your vehicle.

16. Use of Information

16.1. You consent and authorise Aria Cruises to collect, use and disclose your personal information for the purposes of administering your reservation and providing you with the services associated with your reservation.

16.2. You consent and authorise Aria cruises to the use of your personal information for promotional purposes.

16.3. Aria Cruises will store your personally identifying information and bank card details in a secure manner, protected by password or code, and only in Australia. If the booking is processed by “Fareharbor” or “Apple” then Aria Cruises advises you to read their privacy policies.

16.4. Your bank card information will only be used for the purpose of processing your transaction, and until your service has been provided, unless the customer is required to make any further payments pursuant to the terms and conditions or by law.

16.5. Upon written request by you and to the extent permitted by law, Aria Cruises shall provide you with access to and/or the ability to correct your personal information however only the person who made the reservation will be entitled to this access and/or correct personal information pertaining to that reservation at Aria Cruises discretion.

16.6. Any views or opinions expressed by staff or agents of Aria Cruises do not necessarily represent those of Aria Cruises.

16.7. You must notify Aria Cruises if you have received any private information of another individual or corporation in error and you agree to delete such information immediately.

16.8. Aria Cruises directs you to its website to view the Privacy Policy at www.ariacruises.com.

17. Complaints

17.1. If you have any issues, problems or concerns regarding your reservation, please contact Aria Cruises as soon as possible by email at [email protected] or by speaking to Robert and Louise on 0487 441 618.