These Terms and Conditions apply between you and FantaSea Pty Ltd ABN 28 001 868 113 (Company or we) when you board for travel on the Palm Beach Ferry service (PBF). A reference to the Company includes its related bodies corporate or agents or contractors that operate the PBF on the Company’s behalf.
Conditions of Carriage
The following conditions apply to your trip with PBF:
To the maximum extent permitted by law, passengers embark and travel on PBF at their own risk.
The Company is not liable or responsible for any damage to, or loss of any luggage or other personal possessions of any passenger arising out of or in connection with goods or services provided by the Company including travelling and alighting on PBF vessels unless caused by or contributed to by the Company.
Sea travel can be a dangerous activity and there are obvious and inherent risks associated with carriage on a PBF service, some of which include (but are not limited to): weather extremes subject to sudden and unexpected change, remoteness to normal medical services and evacuation difficulties if you suffer an injury or aggravation of any existing medical condition. By boarding a PBF service, you acknowledge that you are fit for sea travel. Where consumer laws and other laws permits us to exclude our liability, we will not be liable for sickness, injury or death during embarkation and/or disembarkation to or from a PBF vessel and/or at all times whilst on board the vessel itself, unless caused by or contributed to by PBF. You release PBF, its crew and personnel from any claim and liability incurred, unless the Company is liable for such claim or liability under these Terms and Conditions.
The Company reserves the right to cancel or vary any PBF service if we consider in our sole and absolute discretion that the cancellation or variation of the PBF service is necessary for reasons of weather or in the interest of the safety and well-being of the PBF vessel, and except as expressly stated in these Terms and Conditions its passengers and crew and we will not be liable for any loss or expense incurred by you caused by such cancellation or variation.
You must comply with the security arrangements for travel on PBF vessels and use of Maritime property, including bag and personal searches and prohibition of certain items such as knives, umbrellas, glass and alcohol. We accept no responsibility for confiscated items.
Limit of Liability
All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms or their subject matter, not contained in these Terms and Conditions, are excluded from these Terms and Conditions to the maximum extent permitted by law.
Nothing in these Terms and Conditions excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.
Fares
If you are 16 years of age and over, you must pay adult fares unless you are otherwise eligible for a concession fare on public transport in NSW, including if you are a child, school student, tertiary or TAFE student, apprentice or trainee, senior, pensioner, Centrelink customer, asylum seeker, person with a disability, veteran or war widow/er, or a current or former employee of Transport for NSW or another transport agency. Visit https://transportnsw.info/tickets-opal/ticket-eligibility-concessions for details of the concessions that apply to these categories.
You must pay the relevant fare by debit card, credit card or contactless payment methods. Cash is not accepted. Smartcards, including Opal and FantaSea Smartcards, are not accepted.
By boarding the PBF you agree to pay the relevant fare to us by debit or credit card on request.
If you board the PBF and fail to pay a fare upon request, we:
- will issue you with a notice to pay a fare, which will include instructions for payment.
- may request to take a copy of your photo ID and contact details allow us to check that you have paid the fare or take further steps to require you to pay (please also refer to our Privacy Policy).
- may take legal action against you to recover the fare and our reasonable costs if you subsequently fail to pay.
If we from a reasonable belief that you will be unable or unwilling to pay a fare by debit or credit card whilst on board, we may:
- require you to pay the fare by debit or credit card before boarding the PBF; or
- refuse to allow you to board the PBF.
General
These Terms and Conditions incorporate the Opal Terms of Use available on the Transport for NSW website. Visit https://transportnsw.info/tickets-opal/opal/opal-terms-of-use to view the Opal Terms of Use. To the extent of any inconsistency between the above terms and conditions and the Opal Terms of Use, the latter will apply.
These Terms and Conditions are governed by the laws of the State of New South Wales.
Any provision of these Terms and Conditions which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of these Terms and Conditions is not affected.
You are bound by the latest version of the Terms and Conditions, which are available at www.palmbeachferries.com.au.