Terms and Conditions

Captain Cook Cruises (WA) Terms and Conditions

In these Terms & Conditions, “Captain Cook Cruises” and “we” means Vyscot Pty Limited ABN 25 009 241 972 trading as Captain Cook Cruises, its servants and agents. “You” and “the passenger" means the passenger booked to travel on Captain Cook Cruises’ services. By booking the services or otherwise engaging with Captain Cook Cruises, you are agreeing to the following Terms & Conditions.

1. Please arrive for your cruise at least 30 minutes prior to departure. If you have a Captain Cook Cruises QR code, then you can go directly to the vessel. If you do not have a Captain Cook Cruises QR code, then please check in at our ticket counter.

2. Please note that boarding for all cruises closes 10 minutes prior to cruise departure. Captain Cook Cruises advises all passengers to pre-book tickets. We cannot guarantee passengers will be able to book if they walk up on the day as the cruise may be fully booked.

3. Concession Rates apply to holders of a valid senior, pension, concession, student, YHA, VIP and Nomad card provided at the time of booking with Captain Cook Cruises. National and international cards accepted. Card must also be sighted by staff at check-in.

4. A 1.25% credit card surcharge will apply for Mastercard/Visa/American Express/ and PayPal payments. We accept online bank transfers for payments of AUD$250.00 and above. Please quote your booking number as your payment reference. Allow a minimum of four business days for your payment to be received and processed.

Account Name: Vyscot Pty Ltd

BSB 085-005 ACC 87-417-7501

Bank NAB

5. Note that refunds to an international bank account will incur an AUD$20.00 charge.

6. A minimum number of passengers may be required to ensure departure. We reserve the right to cancel cruises for this reason at any time without prior notice to you. We also reserve the right to alter schedules, itineraries, published prices, and routes, and to substitute one vessel for another, or a different mode of transport, if considered necessary and without notice. Where we do so, you may be entitled to a full or partial refund of any fares paid in accordance with Australian Consumer Law. In all other circumstances, any refund is at our discretion.

7. All images used in printed material and on this website are used for representation only and may not be exact to the cruise departing.

8. Please note that mobility access is unfortunately limited on all Captain Cook Cruises vessels due to the age and design of the boats. Please contact our Reservations Team for more information. Captain Cook Cruises staff are not permitted to assist with lifting wheelchairs or passengers due to Occupational Health & Safety legislation.

9. Captain Cook Cruises is proudly 100% NON-SMOKING and NON-VAPING on all cruises.

10. Parking is limited to both Perth and Fremantle departure points. We recommend public transport or rideshare where possible. The closest paid public parking space in Perth is the City of Perth, Terrace Road car park and in Fremantle at Wilson's open -air car park, opposite C Shed.

11. Promotion codes must be quoted at the time of booking. If the promotion is for a club, proof of membership will be required at the time of check-in. Promotions codes do not apply for Special Public Cruises. Block-out dates may also apply.

12. Please be aware that you may be required to share a table or booth with another party. Group bookings will be seated over several tables. Long table requests cannot be accommodated on our vessels due to limited space.

13. Please note that buffets are generally located on the main deck of the vessel, as is the dance floor and entertainment. Guests seated upstairs may need to negotiate stairs to access the buffet, dance floor and entertainment.

14. Captain Cook Cruises aims to provide responsible service and a safe secure environment for both patrons and employees.

15. Captain Cook Cruises abides by the Liquor Control Act 1988 (WA), the Gaming and Wagering Commission Act 1987 (WA), and other statutory requirements. All vessels are licensed therefore, no BYO is permitted.

16. Each venue (including Captain Cook Cruises vessels) operates under a Liquor Licence that prohibits intoxicated persons (in the case of the vessel, determined at Captain Cook Cruises’ sole discretion) from entering or remaining on the premises. By law, passengers must be refused entry to or removed from the vessel if they are intoxicated, abusive or threatening towards any of the employees or passengers. Captain Cook Cruises is not responsible if passengers are refused entry to a third-party venue for any reason.

17. Entry refusal may include the return journey back to the departure point. Captain Cook Cruises patrons are required to dress in a smart/casual manner and to wear footwear whilst on board.

18. At all times, directions from the crew of the vessel must be obeyed and refusal to do so may result in being removed from the vessel at the nearest jetty.

19. You will not be eligible for a full or partial refund of the fare if you are refused entry to or removed from the vessel or any other venue for any reason.

20. All food items are prepared in a kitchen that processes dairy, gluten, nuts, and shellfish. While we endeavour to accommodate special dietary and allergy requirements and to avoid cross-contamination, we do not guarantee food and beverages are completely cross contamination free. We strongly recommend that customers concerned about food allergies bring any necessary medication with them onboard. Food and drink menus are subject to change at any time.

21. If a patron is hosting a Hens or Bucks party (or similar events) on board a public cruise, they are not permitted to dress inappropriately or bring any offensive toys/games on board with them that may offend other patrons. Individuals are responsible for their own behaviour.

22. Persons causing a nuisance to other passengers, participants or the public may be removed from a cruise or tour for the amenity and safety of others. Captain Cook Cruises will not be liable for any expense incurred by any passenger should this occur. Individuals are responsible for any damage caused to our vessel or to the venues visited.

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.

31. These Terms & Conditions are governed by the laws of Western Australia, and where applicable, the Commonwealth of Australia.


32. If any provision of these Terms & Conditions is or becomes illegal, unenforceable or invalid in any jurisdiction, it is to be treated as being severed from these Terms & Conditions in the relevant jurisdiction, but the rest of these Terms & Conditions will not be affected.

33. Specifying anything in these Terms & Conditions after the words ‘include’ or ‘for example’ or similar expressions does not limit what else is included.

Booking and Cancellation policy

1. When to Confirm and Make Final Payment:

1 to 9 passengers: Full payment is required at the time of booking.

10 or more passengers: A $200.00 deposit is due within 7 days of making the booking, and is non-refundable (subject to any entitlement you may have to any full or partial refund of fares paid in accordance with Australian Consumer Law). This deposit is required to secure your seats. Where payment cannot be given within 7 days, your seats will be released, and your booking cancelled. Final payment is due 14 days prior to the cruise departure. Final payment must be a ‘single’ payment to have access to the discounted group rate. No individual payments will be accepted.

2. Subject to any entitlement you may have to any full or partial refund paid in accordance with Australian Consumer Law, when cancellation occurs the following cancellation fees will apply:

1 to 9 passengers: If more than 72 hours’ notice is given prior to the cruise departure, then a full refund is available.

If less than 72 hours’ notice is given, a cancellation fee equal to 100% of the total booking fee applies.

10 or more passengers: If more than 7 days’ notice is given, then a full refund is available less the $200.00 deposit, which is non-refundable (subject to any entitlement you may have to any full or partial refund of fares paid in accordance with Australian Consumer Law). Less than 7 days’ notice incurs a cancellation fee equal to 100% of the booking fees. If the passenger numbers drop below the minimum number required to qualify for a group discount, then Captain Cook Cruises reserves the right to increase the price to the rate applicable to the number of people travelling in the altered booking, and on-charge the cost difference to passengers.

3. In all cases, a cancellation fee equal to 100% of the booking fees will apply for 'no shows' on the departure date for the services.

4. For the avoidance of doubt, refunds, when applicable, can only be issued to the person or company that made the original payment.

5. Cancellation fees have been calculated with reference to the reasonable costs incurred by us as a result of the cancellation, and the likelihood that we will be able to re-book the cancelled booking.

6. Special Public Cruises include but are not limited to Christmas Dinner Cruises; New Year’s Eve Cruise; Valentine’s Dinner Cruise; Father’s Day and Mother’s Day Cruises.

7. When to Confirm and Make Final Payment:
1 to 9 passengers: Full payment is required at the time of booking.
10 or more passengers: A $200.00 deposit is due within 7 days of making the booking, which is non-refundable (subject to any entitlement you may have to any full or partial refund paid in accordance with Australian Consumer Law). This deposit is required to secure your seats. Where payment cannot be given within 7 days, your seats will be released, and your booking cancelled. Final payment is due 14 days prior to the cruise departure. Final payment must be a ‘single’ payment to have access to the discounted group rate. No individual payments will be accepted.

8. Subject to any entitlement you may have to any full or partial refund of fares paid in accordance with Australian Consumer Law, the following cancellation fees may apply:

1 to 9 passengers: If 7 days’ notice is given prior to the cruise departure, then a full refund is available. If less than

7 days’ notice is given, then a cancellation fee equal to 100% of the booking fee applies.

10 or more passengers: If more than 14 days’ notice is given, then a full refund is available less the $200.00 deposit, which is non-refundable (subject to any entitlement you may have to any full or partial refund of fares paid in accordance with Australian Consumer Law). Cancellations within 14 days of the cruise departure incurs a cancellation fee equal to 100% of the booking fees. If the passenger numbers drop below the minimum number required to qualify for a group discount, then Captain Cook Cruises reserves the right to increase the price to the rate applicable to the number of people travelling in the altered booking, and on-charge the cost difference to passengers.

9. In all cases, cancellation fees equal to 100% of the booking fees will apply for 'no shows' on the departure date for the services.

10. For the avoidance of doubt, refunds, when applicable, can only be issued to the person or company that made the original payment.

11. Cancellation fees have been calculated with reference to the reasonable costs incurred by us as a result of the cancellation, and the likelihood that we will be able to re-book the cancelled booking.

Vyscot Pty Limited trading as Captain Cook Cruises collects, uses, and discloses the Personal Information you have provided to us to enable us and relevant third parties to provide you with the cruise, associated services and any packages you have requested us to provide to you (“Cruise and Package Inclusions”). We disclose your name, phone number, email address, and booking number to third parties who assist us in providing the Cruise and Package Inclusions. If you don’t provide us with the information requested, we may not be able to provide you with, or make available to you, all or some of the Cruise and Package Inclusions.

For more information on how we collect, use, store, and disclose your Personal Information, or how you may access, correct, or make a complaint in relation to it, please see our Privacy Policy. If you have any questions, please contact us at [email protected].

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