Terms and Conditions

1 General

1.1 These Terms and Conditions (“T&C”) are between Kimberley Quest and the Guest and apply to the Booking made by the Guest.

1.2 By making a Booking (directly and or indirectly through a third party), the Guest agrees to the T&C on behalf of all persons included in the Booking. Where the Guest constitutes more than one person, each person shall be jointly and severally bound by the T&C.

2 Interpretation

“Accommodation” means the accommodation available on the Vessel, including single occupancy or twin share cabins.
“Booking” means the act of reserving the Product.
“Booking Form” means the booking form provided by Kimberley Quest to the Guest for completion and return in accordance with clause 3, and includes any Child Waiver.
“Booking Total” means the total amount payable to Kimberley Quest by the Guest for the Booking of the Product.
“Child Waiver” means the indemnity, waiver and release form titled ‘Children Onboard The Kimberley Quest II’, as amended from time to time, provided by Kimberley Quest to the Guest for children under the age of 14 years.
“Deposit” means a non-refundable and non-transferrable payment to Kimberley Quest of 20% of the Booking Total payable in accordance with clause 3.
“Force Majeure Event” means any act of God, war, terrorism, fire, flood, cyclone or any other extreme weather conditions, loss of power, epidemics or pandemics (including COVID-19), industrial disputes, slow-downs or other strike activities, riots or civil unrest, acts of government, semi government or other authorities, state and or federal government restrictions, including but not limited to restrictions on travel and gatherings, inability to obtain any necessary licence or consent and delays caused by sub-contractors, suppliers or other third parties (including telecommunications carriers), material shortages or other disruption to Kimberley Quest’s services beyond its control.
“Guest” “Customer” “You” or “Your” means the person or persons reserving the Product, and includes any minors accompanying the Guest.
“Kimberley Quest” “We” “Us” or “Our” means CM Marine Pty Ltd ATF RFF Unit Trust T/A Kimberley Quest, its Representatives and assigns.
“Price” means the applicable rate or any other prices published for the reservation of the Product.
“Product” means a product and or service, including any Accommodation, cruise and tour, arranged or provided by Kimberley Quest, whether directly or indirectly (including but not limited to through a Third Party Provider), for the purpose of sport, enjoyment, relaxation or leisure of any description whatsoever and any incidental product and or service thereto.
“Representatives” means the agents, directors, officers, contractors, volunteers or employees of Kimberley Quest.
“Security Bond” means any additional amount payable to Kimberley Quest by the Guest for any breakages, damages or excess cleaning charges incurred which may be retained by Kimberley Quest, at its absolute discretion.
“Third Party Provider” means a third party that provides products or services to Kimberley Quest in connection with the Booking.
“Vessel” means the vessel operated by Kimberley Quest.

3 Booking Policy

3.1 All Bookings are subject to availability and will only be confirmed upon compliance with clause 3.3(a).

3.2 Kimberley Quest reserves the right to decline any Bookings or requests at its absolute discretion.

3.3 Unless otherwise determined by Kimberley Quest prior to or at the time of Booking, the following provisions apply:

(a) the Deposit and completed Booking Form is required within 14 days of Booking;

(b) payment of the balance of the Booking Total is required 60 days prior to departure; and

(c) a final list identifying all Guest’s participating in the Product is to be provided to Kimberley Quest a minimum of 60 days prior to departure.

3.4 Once the Deposit has been paid, Bookings are unable to be transferred into another Guest’s name or to a travel agency.

3.5 Prices are based on twin share occupancy. Single occupancy is available for an additional payment equivalent to 50% of the per person Price. Alternatively, if a Guest is travelling alone they may choose to share occupancy with another guest of the same gender. In the event of another guest / person not being found for a twin share occupancy, the Guest will have the sole use of the twin share occupancy at no additional cost.

3.6 Kimberley Quest reserves the right to request payment of a Security Bond by the Guest, at its absolute discretion.

3.7 Failure by the Guest to make payment as required in accordance with the T&C, or as otherwise requested by Kimberley Quest, may result in the Booking being cancelled and Kimberley Quest making available the Product, or any part of it, to other persons to book.

3.8 Bank fees, credit card charges, Paypal fees, exchange rates and any other fees and charges incurred by transferring money from the Guest to Kimberley Quest are the sole responsibility of the Guest, are payable by the Guest and are non-refundable.

3.9 If the Guest makes payment by way of credit card, the Guest warrants that the information provided to Kimberley Quest is true and complete, that the Guest is authorised to use the credit card to make payment and that the Guest’s payment will be honoured by the credit card issuer. Kimberley Quest reserves the right to conduct various checks to validate the identity and integrity of the Guest’s payment details, which may include undertaking a pre-authorisation process and or requesting additional information from the Guest to verify identity.

3.10 Any items or services not included in the Booking, are the sole responsibility of the Guest and must be paid by the Guest. Any outstanding accounts will need to be paid and settled on departure from the Vessel.

3.11 Any goods or services not included in the Booking are the sole responsibility of the Guest and must be paid by the Guest. This includes any goods or services provided by a Third Party Provider.

3.12 Kimberley Quest reserves the right to request identification information and documentation, including government issued photographic identification, upon you boarding the Vessel or at any time prior.

4 Cancellations

Cancellations by Kimberley Quest

4.1 Some Products are subject to a minimum number of guests participating in the Product. Products may be varied or may not proceed if the minimum number is not achieved.

4.2 Subject to the T&C, if Kimberley Quest is required to cancel the Booking for any reason (including where minimum numbers are not achieved) Kimberley Quest may, in its absolute discretion, offer the Guest a refund of a portion of or all monies paid to Kimberley Quest, offer a credit to the value of all monies paid for a future booking, and or vary the Booking date or Product to allow the Booking to proceed.

4.3 Kimberley Quest is not responsible for any direct or incidental expenses incurred as a result of the cancellation of a Booking, or any part thereof, by Kimberley Quest.

Cancellations by the Guest

4.4 All cancellations must be received in writing from the Guest to Kimberley Quest via email. It is the Guest’s responsibility to contact Kimberley Quest to verify that the cancellation of the Booking request has been received.

4.5 The Guest is responsible to ensure flights, vehicle hire, travel insurance and any components booked outside the Booking are cancelled by the Guest. The Guest will adhere to the cancellation policy of each individual supplier and or Third Party Provider in the event of cancellation.

4.6 Subject to the T&C, where the Guest cancels the Booking:

(a) 61 days or more prior to the departure date, Kimberley Quest will offer to the Guest a credit to the value of any monies paid (except the Deposit which will be retained by Kimberley Quest), with such credit being valid for travel within 24 months from the issue date (or such other longer period as determined by Kimberley Quest in its absolute discretion), provided that:

(i) any additional costs payable on the new booking will be payable by the Guest in full at the time of booking;

(ii) additional costs may apply for the Booking in future seasons; and

(iii) the credit, or any balance on a partially used credit, is not redeemable for cash; and

(b) 60 days or less prior to the departure date (including on the departure date and no shows), all monies paid by the Guest will be forfeited.

4.7 For Guest curtailment and or early check-out, all monies paid by the Guest will be forfeited.

4.8 Any and all fees charged to Kimberley Quest by a Third Party Provider in connection with the Guest’s cancellation of the Product is the sole responsibility of the Guest and must be paid by the Guest.

5 Prices and Products

5.1 Prices are in AUD and inclusive of GST (Goods and Services Tax).

5.2 Prices and Products as shown on the website are subject to change. Kimberley Quest reserves the right to change this information without notice. Existing Bookings that have been paid in full will retain the Price as per the Booking. All other Bookings will be subject to reasonable Price increases to reflect factors outside Kimberley Quest’s control, including (but not limited to) fuel prices, wages, third party chargers and other unfixed consumables. The Guest accepts and agrees to be bound by any such reasonable Price increase.

6 Product and Facilities

6.1 Children are only permitted to participate in the Product at the absolute discretion of Kimberley Quest. If permitted, children must be supervised at all times by an adult and such adult must complete and return the Child Waiver in accordance with clause 3.3(a), failing which the children will not be permitted to participate in the Product.

6.2 All Accommodation, contents, fixtures and fittings and remains the property of Kimberley Quest at all times.

6.3 Kimberley Quest takes no responsibility for the suitability of the Product, including (but not limited to) the Accommodation, for the Guest’s specific requirements, and it is the Guest’s responsibility to ensure that the Product is suitable for the Guest’s specific needs.

6.4 The Guest must notify Kimberley Quest immediately of any concern with the Product, including (but not limited to) the Accommodation.

6.5 Any damage to the Accommodation is the Guest’s liability and the Guest must take adequate precautions to prevent any damage from occurring. The Guest will be charged for any repairs required to damaged Accommodation.

6.6 Kimberley Quest shall not be liable for any loss or damages arising out of the misuse or abuse of the Accommodation by the Guest and the Guest agrees to keep Kimberley Quest indemnified in respect thereof.

6.7 The Guest warrants that the Accommodation will be returned in the same condition as the Accommodation was hired.

6.8 Kimberley Quest reserves the right to use any Security Bond or credit card provided by the Guest to cover the cost of any breakages, damage to, cleaning of or loss of the Accommodation, and any reasonable expenses incurred by Kimberley Quest as a result of such damage, cleaning and or loss.

6.9 The Guest acknowledges and agrees that any amounts payable in relation to any loss and damage (including cleaning) suffered by Kimberley Quest shall constitute liquidated damages that are immediately due and payable by the Guest to Kimberley Quest.

6.10 The Guest acknowledges that the Vessel is a public place and noise can adversely impact other patrons. Kimberley Quest does not permit excessive noise onboard the Vessel.

7 Amendments

7.1 Prices and Products, including (but not limited to) Accommodation and tours as shown on the Kimberley Quest website are subject to change. Kimberley Quest reserves the right to change this information without notice.

7.2 Kimberley Quest reserves the right to:

(a) cancel or modify any routes within the Product itinerary or objectives set out in the itinerary;

(b) substitute different or equivalent routes within the itinerary in place of cancelled or modified routes;

(c) postpone, cancel or delay (either in relation to the departure or arrival times or the duration of the itinerary) any such aspect of the Product if in the absolute discretion of Kimberley Quest it is necessary to do so.

7.3 In the event of any change, modification, cancellation, postponement or delay the Guest acknowledges that the Guest will have no right of refund and no right to claim compensation for any loss and or cost incurred by reason of the change, modification, cancellation, postponement or delay.

8 Behaviour Policy

8.1 Kimberley Quest has a zero-tolerance approach to any behaviour that puts Guest safety in danger or creates an unsafe environment for Kimberley Quest and its Representatives. In the event of bullying, harassment, abusive or otherwise unsafe, unwelcome or unlawful / illegal conduct, the offending Guest will be asked to leave the Vessel if the conduct does not immediately stop, at Kimberley Quest’s absolute discretion and the Guest’s cost.

9 Guest’s Warranties

9.1 The Guest warrants that:

(a) the Guest has and will comply with all applicable laws, including in relation to entry to and within Western Australia and COVID-19;

(b) the Guest has and will comply with all lawful directions of Kimberley Quest and its Representatives and Third Party Providers, including in relation to COVID-19;

(d) the T&C apply to the Booking only;

(e) the Guest has disclosed all relevant physical and or medical conditions on the Booking Form;

(f) the Guest acknowledges that the location of the Booking, natural hazards, environment, geography, flora and fauna may involve a significant amount of personal risk. The Guest hereby assumes all such risk and does hereby release Kimberley Quest from all claims and causes of action arising from any damages or injuries or death resulting from these inherent risks;

(g) the Guest is responsible for ensuring the Guest is eligible for entry to the location of the Product and all locations therein, including (but not limited to) ensuring compliance with travel requirements such as obtaining a valid passport and or VISA and making payment of any required or applicable fees and charges;

(h) the Guest will cooperate with Kimberley Quest and provide it within formation that is reasonably required and necessary as requested by Kimberley Quest from time to time, to enable Kimberley Quest to carry out the Booking and will comply with such requests in a timely manner; and

(i) the information provided by the Guest is true, correct and complete.

10 Termination

10.1 Kimberley Quest may terminate the Booking and evict the Guest immediately if there has been a breach of the T&C, at Kimberley Quest’s absolute discretion and the Guest’s cost.

10.2 Any termination of the Booking in accordance with this provision will result in all monies paid by the Guest to Kimberley Quest being forfeited by the Guest and retained by Kimberley Quest.

10.3 The accrued rights, obligations and remedies of Kimberley Quest are not affected by the termination of the T&C.

11 Liability

11.1 To the maximum extent permitted by law, the Guest releases, waives, discharges and indemnifies Kimberley Quest and their Representatives and Third Party Providers from any and all claims and actions, which may be made by the Guest or any third party, or on the Guest’s behalf and or any Third Party’s behalf, for loss, in any way arising out of or related to the Booking or the T&C, including but not limited to property loss or damage, bodily injury or death.

11.2 Kimberley Quest and their Representatives and Third Party Providers shall not in any event be liable for contingent, consequential, indirect, special, and punitive or any other similar damages, howsoever caused, for any damage, injury or loss, arising out of or in connection with the Booking or the T&C, whether arising under breach of contract, negligence (commission, omission or advice), statute or otherwise.

11.3 To the maximum extent permitted by law, the total liability of Kimberley Quest and their Representatives and Third Party Providers arising out of, or in connection with, the Booking or the T&C is limited to the total value of the Booking.

11.4 This clause 11:

(a) applies notwithstanding that any such claim, action or loss may come about, either wholly or in part, due to the negligence of or breach of a contractual term by Kimberley Quest;

(b) is intended to be as broad and inclusive as is permitted by law; and

(c) does not exclude, restrict or modify the application of the Competition and Consumer Act 2010 (Cth), as amended from time to time.

12 Costs of Recovery

12.1 Any expenses, costs or disbursements incurred by Kimberley Quest in recovering any monies payable by the Guest, including dishonoured cheques, debt collection agency fees, solicitor’s costs and interest thereon shall be paid by the Guest on a full indemnity basis.

13 Insurance and Medical Costs

13.1 The Guest must obtain comprehensive travel and medical insurance including (but not limited to) cover for medical expenses, evacuation charges, trip cancellation and force majeure events.

13.2 The Guest warrants that the Guest will bear the costs of any emergency, medical or rescue service summoned at the discretion of Kimberley Quest and or its Representatives in relation to any illness or injury of the Guest.

14 Government Requirements

14.1 The Guest shall comply with all Government (Federal and State) requirements for entry into Western Australia or to access the Vessel.

14.2 If the Guest contracts COVID-19 (or any other pandemic virus or disease) within 14 days of the departure date, or is instructed to self-isolate by the applicable Government or other authorising body or other persons, the Guest must notify Kimberley Quest in writing. In such circumstances, the Guest (and any other Guest cancelling as part of the Booking) will not be able to and will not be granted access to the Vessel. Kimberley Quest, in its absolute discretion, may offer to the Guest a transfer of the Booking to an alternative date (subject to availability). Kimberley Quest reserves the right to request supporting evidence of any contraction of COVID-19 or instruction to self-isolate.

14.3 Where a Government:

(a) requires that a person must be vaccinated against COVID-19 (or any other disease or virus); or

(b) imposes a restriction or requirement of any nature on Kimberley Quest, to be able to enter Western Australia or to access the Vessel, the Guest must comply with such requirement.

14.4 The Guest will be required to undertake a Rapid Antigen Test (RAT) at the direction of Kimberley Quest and produce a negative result prior to embarking the Vessel.

14.5 Where the Guest:

(a) is unable to meet any requirement (including where a Government requirement is introduced subsequent to the Booking);

(b) cancels the Booking; or

(c) is unable to access the Vessel, as a result of a requirement referred to in clause 14.3 above, the Guest shall forfeit any and all monies paid to Kimberley Quest.

14.6 Where the Guest does not comply with any requirement referred to in clause 14.3 above, Kimberley Quest reserve the right to decline the Booking, cancel the Booking or refuse entry onto the Vessel at Kimberley Quest’s absolute discretion and at the Guest’s cost.

14.7 Where the Guest is unable to proceed with the Booking, or any part thereof, due to COVID-19 (or any other pandemic) border closures and or travel restrictions imposed by the applicable Government or other authorising body, Kimberley Quest, in its sole discretion, may offer to the Guest:

(a) a transfer of the Booking, or part thereof, to an alternative date within 24 months (or such longer period as is reasonable and determined by Kimberley Quest in the circumstances), which transfer option is subject to availability; or

(b) a credit, to the value of any monies paid, which credit will be valid for travel within 24 months from the issue date (or such other longer period as determined by Kimberley Quest in its absolute discretion), provided that:

(i) any additional costs payable on the new booking will be payable by the Guest in full at the time of booking;

(ii) additional costs may apply for the Booking in future seasons; and

(iii) the credit, or any balance on a partially used credit, is not redeemable for cash.

14.8 Where a Guest is directed or required to isolate during the Booking period, the Guest must immediately notify Kimberley Quest. The Guest is unable to isolate in the Accommodation and will be re-located from the Vessel at Kimberley Quest’s discretion. The Guest will be liable for all costs incurred by Kimberley Quest, Third Party Providers and the Guest as a result of such isolation, including (but not limited to) re-location costs and early termination of the Booking.

14.9 The Guest releases and indemnifies Kimberley Quest from any liability, loss or damage, of any nature, that may occur to the Guest, Kimberley Quest or any other person (including but not limited to persons on the Vessel). Such liability, loss or damage may include (but is not limited to) all costs, losses and expenditures arising from the Guest’s access to the Product, any cancellation of the Booking, or any injury, illness or death of the Guest or any person.

15 Force Majeure Event

15.1 If any Force Majeure Event results in Kimberley Quest being prevented from, or delayed in, performing any of its obligations to the Guest:

(a) then such a delay or prevention of performance shall not be deemed to be a breach of contract or any other obligation placed upon Kimberley Quest under these T&C;

(b) no loss or damage shall be claimed by the Guest from Kimberley Quest by reason thereof; and

(c) Kimberley Quest shall use its best endeavours to minimise and reduce any period of suspension occasioned by any Force Majeure Event.

15.2 In the event of a Force Majeure Event, Kimberley Quest, in its absolute discretion may:

(a) postpone, cancel or delay (either in relation to the departure or arrival dates) any aspect of the Booking if in the absolute discretion of Kimberley Quest, it is necessary to do so;

(b) offer a transfer of the Booking, or part thereof, to an alternative date within 24 months (or such longer period as is reasonable and determined by Kimberley Quest in the circumstances), which transfer option is subject to availability;

(c) offer a credit, to the value of any monies paid, which credit will be valid for travel within 24 months from the issue date (or such other longer period as determined by Kimberley Quest in its absolute discretion), provided that:

(i) any additional costs payable on the new booking will be payable by the Guest in full;

(ii) additional costs may apply for the Booking in future seasons; and

(iii) the credit, or any balance on a partially used credit, is not redeemable for cash.

16 Personal Information

16.1 The Guest’s personal information may be used by Kimberley Quest and may be disclosed to Kimberley Quest’s Representatives, agents, service providers, suppliers or other third parties for any purpose associated with the Booking. Any use or disclosure of the Guest’s personal information by Kimberley Quest will be in accordance with the Privacy Act 1988 (Cth).

16.2 In the course of the Guest’s Booking, photos or video may be taken by Kimberley Quest or its Representatives. These images may be used in any promotional materials, website, all social media platforms (i.e. Instagram), etc., unless the Guest specifically requests in writing to Kimberley Quest to not use the Guest’s image. Otherwise, Kimberley Quest is granted a perpetual, royalty-free, worldwide, irrevocable licence by the Guest to use such images for publicity and promotional purposes.

17 Relationship

17.1 The T&C are not intended to create a relationship between the parties of partnership, joint venture or employer-employee.

18 Assignment

18.1 The T&C are personal to the Guest and are not able to be assigned.

19 Updating

19.1 Kimberley Quest reserve the right to update and or alter the T&C at any time for future bookings. The T&C applicable to the Guest’s Booking are those that are current at the time the Booking is made.

20 Non Merger

20.1 The covenants, agreements and obligations contained herein will not merge or terminate upon the termination of this agreement and to the extent that they have not been fulfilled or satisfied or are continuing obligations they will remain in force and effect.

21 Severance

21.1 If any part of the T&C is wholly or partly invalid, unenforceable, illegal, void or voidable, the T&C must be construed as if that provision or part of a provision had been severed from the T&C and the parties remain bound by all of the provisions and part provisions remaining after severance.

22 Governing Laws

22.1 The T&C are governed by and shall be construed in accordance with the laws of the State of Western Australia.

22.2 The parties irrevocably:

(a) submit to the exclusive jurisdiction of the Courts of Western Australia and the Courts competent to determine appeals from those Courts:

(i) for determination of any dispute claim or demand; or

(ii) with respect to any proceedings which may be brought at any time relating to these T&C.

(b) waives any objection it may now or in the future have to the venue of any proceedings, and any claim it may now or in the future have that any proceedings have been brought in an inconvenient forum, if that venue falls within clause 22.1.