Terms And Conditions
THE QUICKSILVER GROUP - TERMS OF AGREEMENT AND CONDITIONS OF TRAVEL
These terms and conditions are the conditions on which we accept bookings on any of The Quicksilver Group products. We recommend that you read these conditions carefully, as you will be bound by them. The Quicksilver Group means Quicksilver Cruises, Great Adventures, Wavedancer, Pro Dive Cairns, Green Island Resort, Ocean Spirit Cruises, Poseidon, Silversonic and Silverswift (Silver Series), its agents and employees. By entering into this contract you are contracting with The Quicksilver Group.
The agent must provide and bring to the attention of the passengers or person(s) who have the authority to act on behalf the passengers The Quicksilver Group’s Terms of Agreement and Conditions of travel prior. The agent warrants that it has or will do this and acknowledges that the Quicksilver Group relies on this warranty.
1. The Quicksilver Group reserves the right to apply a fuel surcharge in addition to our advertised tour prices as a result of fluctuations in world oil prices. The Quicksilver Group will give you the agent 1 months notice should this become necessary.
2. The Quicksilver Group reserves the right to make changes to the itinerary if such changes are necessary due to circumstances beyond our control or are considered in the best interests and safety of customers, including but not limited to delaying or cancelling part of the tour inclusions. In such event The Quicksilver Group shall not be required to refund any portion of the fare, make any compensation or be liable for any other consequential damage, loss, expense, loss of time or inconvenience.
3. The Quicksilver Group does not accept any liability in contract or tort for any injury, damage, loss, delay, additional expenses or inconvenience caused directly or indirectly by force majeure or other events which are beyond our control, or which are not reasonably preventable by reasonable diligence on our part including but not limited to war, civil disturbance, fire, flood, severe weather conditions, acts of God, acts of government or of any authorities, accidents to or failure to machinery or equipment or industrial action.
4. For certain activities and tours offered to passengers, the Quicksilver Group acts as agent only for other companies or businesses. These activities and tours may, from time to time, include (non-exclusively) helicopter, coach, parasailing, beach hire, ballooning, 4WD tours or white water rafting tours. For use of any such services passengers contract directly with the operator of the service and are subject to any conditions imposed by each operator, which may limit or exclude liability for death, personal injury, delay and loss of or damage to baggage. The Quicksilver Group does not accept any liability for the acts, omissions or defaults, whether negligent or otherwise, of any such operator, or for any loss or damage suffered by any passenger when undertaking any of the services provided by such operators.
5. The Quicksilver Group acts as a private carrier and reserves the right to conduct inspections of any baggage, to request a passenger to submit to a search and to refuse passage to any person or baggage. The Quicksilver Group will not accept checked in baggage, fragile or perishable items, money, cameras, electronic equipment, jewellery, business documents, passports or other valuables. Unchecked baggage and other personal property is at the passenger’s own risk at all times.
6. Liability of The Quicksilver Group is limited with respect to both personal injury and damage to or loss of property to the full extent permitted by law and in terms of any ticket conditions issued. Under no circumstances will our liability for loss of baggage or personal effects exceed $100.00.
7. Any action, claim, suit or proceeding arising out of or connected in any way with this contract, the product being promoted or the tour shall be governed by the laws of Queensland and the Commonwealth of Australia which are in force in Queensland and the agent and passengers shall submit to the jurisdiction of the Courts of Queensland, relevant Federal Courts and Courts competent to hear appeals from them.
The Quicksilver Group Terms of Agreement 2
8. Subject to any agreement to the contrary, you agree not to discount any of The Quicksilver Group products as attached, in any medium, without the prior written consent of The Quicksilver Group.
RATES:
All rates, as attached are quoted in Australian dollars and are issued to you on a confidential basis. All rates are nett non commissionable.
All rates are inclusive of the Goods and Services Tax.
GROUP DEFINITION:
A group is defined as 15 (fifteen) or more paying passengers at one time on the same tour. This may vary subject to any written agreement between The Quicksilver Group and other parties.
TOUR ESCORT POLICY:
One bona fide escort/guide (not a passenger) travels free of charge for every 15 paying passengers. The tour guide may be requested to present identification to be eligible for this. Every escort/guide above and over this quota will be charged a nett escort rate, please refer to your rate contract for this.
TRADING TERMS:
Full prepayment is required prior to departure unless prior credit facilities have been established with The Quicksilver Group. The Quicksilver Group reserves the right to cancel reservations if the above requirement is not met. The agent/organisation/company making the reservation will be responsible for any cancellation fees which may be charged.
CREDIT FACILITIES:
Credit applications are available on request. Credit will not be available until such time as you have received notification that your application has been approved in writing.
FOOD REQUIREMENTS:
The Quicksilver Group endeavours to cater for most special food requests. These requests need to be advised at the time of booking. Should the dietary requirements exceed our normal meal costs then the additional cost will be advised to you, the agent.