23. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the services, you are entitled:
a. to cancel your service contract with us; and
b. to a refund for the unused portion, or to compensation for its reduced value; and
a. to be compensated for any other reasonably foreseeable loss or damage.
24. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
25. In circumstances where the Australian Consumer Law does not apply to the provision of services to you, then to the greatest extent possible, any liability of Kelsian Group Limited or its related entities for any loss or damage, however caused (including by our negligence), suffered, or incurred by you:
a. in connection with the services are limited to, at our election:
i. the fare paid by you for those services; or
ii. resupply of those services; and
b. in connection with loss or damage to your luggage or belongings taken aboard the services is limited to $100.
26. The limitation set out in clause 25 is an aggregate limit for all claims, whenever made.
27. In circumstances where the Australian Consumer Law does not apply to the provision of services to you, then to the greatest extent allowable at law, neither you nor Kelsian Group Limited or its related entities are liable for any consequential loss however caused (including by negligence), suffered, or incurred by any person in connection with the services.
28. To the greatest extent allowable at law, Kelsian Group Limited and its related entities are not liable for any loss or damage, however caused (including by negligence), suffered, or incurred by you in connection with:
a. your failure to comply with these terms and conditions;
b. events that are outside of the reasonable control of Kelsian Group Limited or its related entities, including where such events lead to cancellation of services or deviations or delays in the services; or
c. the acts or omissions of any third party or independent contractor.
29. Nothing in these terms and conditions excludes or limits Captain Cook Cruises’ liability in respect of:
a. death or personal injury caused by our negligence or wrongful act; and
b. fraud or fraudulent misrepresentation,
except to the extent such liability is contributed to by you.
30. You indemnify Kelsian Group Limited and its related entities against all penalties, fines, charges, losses, and expenses imposed upon or incurred by Kelsian Group Limited and its related entities because of your acts or omissions or the acts or omissions of a minor or any other person in your care or control.