Wilsons Promontory Wilderness Cruise

• Hat
• Warm clothes
• Drink bottle
• Sunscreen
• Sunglasses

4. Bookings are Subject to Availability

Tour schedules may change from time to time, places are limited on our tours and all bookings are subject to availability.

5. Cancellation Policy

Our tours are often fully booked and we may have a waiting list for guests interested in coming along. Therefore if you are running late or you decide not to join a tour, we would appreciate it if you please contact us by calling (03) 52574567 to cancel your booking.

Our standard cancellation policy is that 100% fee will be charged for cancellations within 24 hours of a tour. Alternative cancellation policies may apply to certain bookings, these are detailed at the time of booking and on your booking confirmation.

6. Variation of Tours

We reserve the right to cancel or vary any trip and will incur no liability for any such cancellation or alteration.

7. Product Refund Policy

If you purchase clothing, souvenirs, soft toys, jewellery or other retail merchandise from our giftshop, we are not required to provide a refund or replacement if you change your mind. However, in the event of a fault with an item, we will either exchange, refund or replace the item in accordance with the requirements of the Australian Consumer Law. Please keep your proof of purchase (eg a receipt).

Please note that gift vouchers cannot be refunded or redeemed for cash. Lost gift vouchers cannot be reissued or replaced.

8. Delivery Policy

Where you purchase goods that require delivery, any costs associated with delivery will be stated before the transaction is finalised and payment is processed. Depending on the cost of your order sometimes there may be an additional charge and if this is the case, we will let you know as soon as possible. Where the delivery cost is more than we originally told you, you have the opportunity to pay the new cost or cancel your order.

9. Land Based Tours and Bus Transfers

Wilsons Promontory Cruises Pty Ltd provide seabound tours, land based tours, bus services and bus transfers.

Wilsons Promontory Cruises Pty Ltd’ buses/vehicles are operated under the absolute direction and control of Wilsons Promontory Cruises Pty Ltd driver at all times.

By boarding Wilsons Promontory Cruises Pty Ltd’ bus/vehicle, you agree to comply with all reasonable requests made by Wilsons Promontory Cruises Pty Ltd and/or the driver, at all times.

All passengers must comply with these terms and conditions and obey any reasonable request of the Wilsons Promontory Cruises Pty Ltd and/or the driver.

Offensive behaviour during a tour (including when on the bus and at all other times during the tour) will not be tolerated, including any conduct that is a nuisance, dangerous activity or offensive in any way that interrupts the enjoyment of the experience for other persons. If a passenger behaves in a way that negatively impacts others, Wilsons Promontory Cruises Pty Ltd reserves the right to take all reasonable steps to remove the offending passenger from our bus/vehicle/tour at their expense, notify the relevant authorities and may record the offending passenger’s details on our Incident Register

10. The Master

Wilsons Promontory Cruises Pty Ltd’ vessels are operated under the absolute direction and control of the Master at all times.

The Master of the vessel has the sole and absolute discretion to vary the scheduled route or destination of the tour if for any reason the Master considers it necessary for the safety and welfare of the vessel, its passengers and crew.

By boarding Wilsons Promontory Cruises Pty Ltd vessel, you agree to comply with all reasonable requests made by Wilsons Promontory Cruises Pty Ltd and/or the Master of the vessel, at all times.

11. Passenger Conduct While Aboard

Wilsons Promontory Cruises Pty Ltd are committed to the safety and wellbeing of all passengers, crew, and other personnel on board our vessel. All passengers must comply with these terms and conditions and obey any reasonable request of the Master of the vessel and any member of the crew.

Offensive behaviour will not be tolerated. This includes conduct that is a nuisance, dangerous activity or offensive in any way that interrupts the enjoyment of the experience for other persons. If a passenger behaves in a way that negatively impacts others, Wilsons Promontory Cruises Pty Ltd reserves the right to take all reasonable steps to remove the offending passenger from our vessel at their expense, notify the relevant authorities to receive the offending passenger onshore to be dealt with accordingly and may record the offending passenger’s details on our Incident Register.

12. Risk – Liability

Risk and limitation of liability

Wilsons Promontory Cruises Pty Ltd advises there are inherent health and physical risks present when on tour, as our vessels travel to open waters.  By agreeing to participate in a tour we offer, you:

• acknowledge and agree you are aware of, and understand, the inherent health and physical risks relevant to your participation in the tour, and accept those risks;
• warrant you are in good health, are medically and physically fit, and are not suffering from any medical condition likely to be aggravated by your participation in the tour;
• warrant you are not under the influence of any alcohol, illicit drugs or any prescription medicine that may in any way impair your ability to safely participate in the tour; and
• agree that where Wilsons Promontory Cruises Pty Ltd personnel gives you a lawful and reasonable direction or instruction with respect to a precautionary measure, you will comply.

To the maximum extent permitted at law, Wilsons Promontory Cruises Pty Ltd and its agents, employees and officers, exclude liability for:

• damage to, or loss of, any luggage, personal belongings or personal property; or
• death, injury or sickness occurring during embarkation or disembarkation, while on board any vessel, or while boarding or alighting from any vessel or other transport;

except to the extent such damage, loss, death, injury or sickness arises directly from the wilful conduct, gross negligence or recklessness of Wilsons Promontory Cruises Pty Ltd or its agents, employees or officers.

Recreational services

Further, without limiting the foregoing:

• pursuant to the Australian Consumer Law, consumers are afforded rights in the form of statutory guarantees in respect of goods and services; and
• where these terms form a contract for the supply of recreational services as defined in section 139(A)(2) of the Competition and Consumer Act 2010 (Cth) (Recreational Services), Wilsons Promontory Cruises Pty Ltd as a supplier of those services is entitled to exclude, restrict or modify the operation of those statutory guarantees.

Accordingly, where these terms for a contract for the supply of Recreational Services, by agreeing to participate in a tour Wilsons Promontory Cruises Pty Ltd offers, you:

• acknowledge and agree that, to the maximum extent permitted at law, Wilsons Promontory Cruises Pty Ltd excludes; and
• release Wilsons Promontory Cruises Pty Ltd in full from:

any liability on Wilsons Promontory Cruises Pty Ltd’s part relating to any of the following, arising from your participation in a tour Wilsons Promontory Cruises Pty Ltd offers:

• death;
• physical or mental injury, including the aggravation, acceleration or recurrence of a prior or pre-existing physical or mental injury;
• contraction, aggravation or acceleration of a disease;
• the coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs that is or may be harmful or disadvantageous.

WARNING: If you participate in these activities your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 (Vic) if you are killed or injured because the activities were not supplied with due care and skill or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in these terms.

NOTE: The change to your rights, as set out in these terms, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 (Vic) and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012 (Vic).

Nothing in these terms and conditions limits, modifies or restricts, or should be construed as limiting, modifying or restricting, the operation of any Federal or State legislation relevant to the supply of goods or services that cannot be limited, modified or restricted.

13. Photography / Video

By participating in a tour operated by Wilsons Promontory Cruises Pty Ltd, you acknowledge that your image may be caught by cameras controlled by Wilsons Promontory Cruises Pty Ltd or other passengers, be that photographic or video, which may be used in promotional material or shared across social media. By participating in a tour operated by Wilsons Promontory Cruises Pty Ltd, you agree that your image may be shared on social media or other platforms and release Wilsons Promontory Cruises Pty Ltd from any liability in relation to the sharing of those photographs / videos.

14. Complaints

If you have any complaints, please let us know by contacting Wilsons Promontory Cruises Pty Ltd by phone (03) 5257 4567 or email info@wandereradventures.com.au. We welcome your feedback as an opportunity to improve our business, customer service and overall experience.

We aim to do our best to resolve your complaint by the end of the third business day after the day we receive it (excluding weekends).

15. Jurisdiction

Any dispute or claim arising out of or in connection with any tour operated by Wilsons Promontory Cruises Pty Ltd and conducted in Victoria shall be governed and construed in accordance with the laws of Victoria.