Terms and Conditions of Travelling with ZigZag
B&N Operations Pty Ltd ABN 14 617 437 751 t/as ZigZag Whitsundays operates the vessels known as ZigZag, The following terms and conditions apply to travel by you on ZigZag Whitsundays .
All prices are shown in Australian dollars and are inclusive of GST. Prices are valid from 1st April 2018.
All ZigZag Whitsundays departures and itineraries are subject to weather and may be changed or cancelled a ZigZag Whitsundays discretion. ZigZag Whitsundays reserves the right to substitute vessels without notice at any time and for any reason.
ZigZag Whitsundays reserves the right to cancel any trip, or reduce trip duration, in any circumstances, including those which pose a safety risk to you, the vessel or crew, such as severe weather, including cyclones.
If ZigZag Whitsundays is cancelled by the owner prior to or on the scheduled departure date, you will be refunded within 7 days.
If your trip duration is reduced during the trip due to Unforeseen Circumstances, you may be offered a future trip on ZigZag Whitsundays, at no cost to you, depending on the amount of time by which your original trip on ZigZag Whitsundays was reduced and, subject to availability. You acknowledge that “Unforseen Circumstances” includes but is not limited to the following; inclement weather, issues pertaining to ZigZag Whitsundays and any medical emergency, such as injury to guests or crew.
You acknowledge that if you cancel your travel on ZigZag Whitsundays less than 36 hours before the departure date, this will result in the forfeiture by you of the full trip price.
If you request a transfer of a trip departure date up to at least 36 hours before the day of scheduled departure this will incur no transfer fee. No Transfers will be accepted under this 36 hr. period
We recommend you take out travel insurance
You acknowledge that travel with, and the recreational services provided by, ZigZag Whitsundays (such as all in water activities and bushwalking) involve risk, including in particular a risk of being stung or bitten by jellyfish and other marine creatures or native fauna. You are advised to wear a stinger suit at all times you are in the water.
Whilst we make every effort to safeguard our passengers travelling on ZigZag Whitsundays, you acknowledge and agree that ZigZag Whitsundays is not liable to you for personal injury, aggravation of any existing injury or condition, mental injury, contraction of any disease, loss (direct, indirect or consequential) or death (including but not limited to from jellyfish stings) resulting from the recreational services provided by ZigZag Whitsundays , ZigZag Whitsundays hereby excludes absolutely all such liability to you.
Where the Competition and Consumer Act (CCA) consumer guarantees apply you also acknowledge and agree that the liability of ZigZag Whitsundays for any breach of those consumer guarantees is excluded to the maximum extent possible under section 64A of the Australian Consumer Law and 139A of the CCA, where you are killed, injured (physically or mentally) or contract a disease, or an existing disease is aggravated, arising from your trip onZigZag Whitsundays .
Your agreement with ZigZag Whitsundays is subject to the laws of Queensland, Australia If any of these terms is unreasonable or unenforceable for any reason whatsoever, it shall be severed and the remaining terms will not be affected in any way.
ZigZag Whitsundays April 2019