Terms and Conditions of Carriage
The following conditions apply to all persons, vehicles and goods transported by Amity Trader Pty Ltd:
- “We”, “us”, “our” means Amity Trader Pty Ltd, its servants and agents.
- “You”, “Your” means the passenger booked to travel.
- By booking Our service or traveling on our vessel you agree to these conditions.
- You warrant that you are acting as agent for each of the passengers who travel under this contract and undertake to ensure that all such passengers are aware of these terms and conditions.
- At all times You must accept direction by Us (master and crew) during loading, travel and unloading. You must secure your vehicle during transit to ensure it remains stationary and agree to indemnify us for any damage or injury caused by Your failure to do so.
- We reserve the right to refuse to transport any person, vehicle or cargo without giving reason. All vehicles must have current vehicle registration and appropriate permits.
- We reserve the right to cancel or vary a service or vary Our schedule in any way without notice and without incurring liability.
- You agree to pay the Tariffs and fares as notified by Us through publication and We reserve the right to amend them from time to time.
- To the extent the Trade Practices Act 1974 (Cth) (TPA) or any similar state law applies to this Agreement, then certain conditions and warranties will be implied into this Agreement to the benefit of the Customer, and those conditions and warranties cannot be excluded, restricted or modified by any provision of this Agreement. If We are liable for a breach of a condition or warranty implied by the TPA, then to the extent permitted by section 68A of the TPA, Our liability to the Customer will be limited to, at the discretion of Us to either: the re-supply of the goods or services; or the cost of having the goods or services re-supplied. Except as provided for in this Agreement, We will not in any circumstances be liable for any loss, damage or injury of any kind arising out of or in any way connected with the performance of this agreement howsoever caused, including by way of negligence, breach of contract, breach of duty of bailment or wilful act of Us, our employees, agents or sub-contractors. Furthermore, You will indemnify Us against all claims and demands whatsoever by whomsoever made in respect of any loss, damage or injury of any kind arising out of or in any way connected with the performance of this agreement howsoever caused, including by way of negligence, breach of contract, breach of duty of bailment or wilful act of Us, our employees, agents or sub-contractors Subject to Clause 9 above, if you wish to make a claim against Us in respect of services provided under this agreement, you must notify us in writing within two months of the date on which the carriage occurred or was scheduled to occur, otherwise your claim is barred.
- Smoking is prohibited anywhere on our vessel.
- Changes and cancellations to bookings are only permitted if requested at least twenty four hours prior to scheduled departure. No refunds are provided.
- This agreement and the services provided are governed by the laws for the time being in force in the State of Queensland.
- A passenger must be in possession of a valid ticket for the entire journey.
- A passenger must not evade or attempt to evade paying the required fare for the intended journey.
- A concession ticket holder must be in possession of proof of entitlement to a concession, for example a valid concession entitlement card.
- A person must produce proof of concession entitlement to purchase a ticket at a concession rate.
- A passenger must produce a ticket and/or proof of entitlement to a concession when requested to do so by a driver, or an Authorised Person.
- A person must supply the person’s name, address and age to an Authorised Person when requested where the person is committing or reasonably suspected of committing an offense.
Walk on Passengers must not:
- Create a nuisance or disturbance on a public passenger ferry
- Interfere with a public passenger ferry, service equipment or a public passenger service
- Smoke {including electronic cigarettes) on/in a public passenger ferry or on/at public passenger infrastructure including public transport waiting points
- Obstruct an authorised person in the exercise of a power
- Consume food or drink on a public passenger ferry
- Bring animals on a public passenger ferry, unless it is an appropriately trained guide, hearing or assistance animal and/or restrained animals
- Play musical instruments or operate sound equipment on a public passenger ferry at a level which is likely to cause a nuisance or discomfort to other passengers on a public passenger ferry
- Place their feet on seats or occupy more than one seat
- Bring on to ferry excessive amounts of luggage
- Put anything in the aisles of a public passenger ferry that is likely to cause an obstruction or injury to someone
- Spit on a public passenger ferry and public transport infrastructure
- Bicycles are not permitted on passenger ferries unless authorised by a crew member
- Passengers are not permitted to bring trolleys of any size over 30cm x 30 cm on passenger ferries.