DIVERSITY CHARTER COMPANY TERMS AND CONDITIONS

Diversity Charter Company Terms and Conditions applies to all cruises and individual general charter contracts of MV Diversity II and its auxiliary vessels unless otherwise agreed to in writing and signed by all relevant parties.  No representative or agent has any authority to change or omit part or all of these terms and conditions.

RESERVATIONS/BOOKINGS
A completed booking form and a 20% non-refundable deposit is required within 21 days to confirm your booking. Unfortunately reservations cannot be held for longer than this period if a deposit is not received. 20% part payments are due at both 4 and 6 months prior to departure date. Final payment for bookings and any other charges incurred are due and payable no later than 60 days prior to departure.  For bookings made within 60 days of departure will require full payment immediately and is not refundable if cancelled.
Payment accepted in AUD only, by way of EFT, credit card or cheque.  Any payments made in foreign currency which is approved by Diversity Charter Company will incur an exchange surcharge payable by the client ,
A minimum of 8 passengers is required to confirm all cruises.

PAYMENT TYPES  ACCEPTED
Electronic Funds Transfer (EFT - online banking)
Cheque: Made payable to Pindan Seas Pty Ltd
Visa and Mastercard -  Credit card payments will attract a surcharge: 1.31%.
Payment will be deemed as received upon confirmation of cleared funds by our financial institution – Westpac Banking Corporation.

PRICE ASSURANCE
Ever increasing fuel and increased costs are part of all our everyday businesses and personal lives.  Diversity Charter Company will guarantee once your full fare has been receipted there will be no increase in the cost of your adventure. Diversity Charter Company will  absorb these into their costs.  Where fuel prices or third party prices increase there may be an increase in your booking price so book and pay as early as possible to take advantage of the price assurance.  These changes area reviewed regularly.

CANCELLATIONS
When a booking is cancelled the deposit is forfeited. If a booking is cancelled prior to departure Diversity Charter Company will retain the following:
•  Cancellation more than 6 months prior to departure date– loss of deposit
• Cancellation less than 6 months and more than 3 months prior to departure date - 50% of the total value of          the booking will be retained by Diversity Charter Company
• Cancellation less than 3 months and more than 2 months prior to departure date – 75% of the total value of the   booking will be retained by Diversity Charter Company
• Cancellation within 2 months prior to departure date or if passengers fail to arrive – 100% of the total value of       the booking will be retained by Diversity Charter Company
If Diversity Charter Company, due to unforeseen circumstances or circumstances beyond their control including force majeure, cancels  a cruise, then a full refund of all monies paid to Diversity Charter Company will be made to the client. Diversity Charter Company will not be held responsible to pay any costs for bookings or extra charges with third parties including accommodation, travel or hire charges.

INSURANCE
Diversity Charter Company strongly advises all clients to purchase comprehensive travel insurance, including cancellation cover, at the time of booking. This is protection against an emergency that may cause a client to cancel their cruise, or leave during the progress of their cruise.  We recommend you ensure your insurance is appropriate to your adventure.

SINGLE SHARE POLICY
All cabins are sold on a twin share basis. Sole occupancy can be purchased at the rate of two fares less 20%. If you are traveling alone in a twin cabin, a same sex person may be assigned to your cabin. If we are able to provide a client to share the cabin, the supplement will be refunded.

CHANGES TO ITINERARY
The Kimberley coastline is subject to 11metre tides, therefore each cruise is not exactly the same.  Your cruise will be similar to our itinerary provided however mother nature will effect changes to the itinerary.  Each day is planned according to weather and tides which can result in plans being rearranged to accommodate yet still giving you the adventure you planned.  Our skipper will provide the details of the next day activities each evening and our backdeck whiteboard will reiterate same.

CHILDREN
It is the Diversity Charter Company's policy to not carry children under 16 years of age unless the boat is exclusively booked or at the sole discretion of the directors of Diversity Charter Company.
     
LIABILITY
This section defines the Diversity Charter Company's responsibility with respect to all our cruises. Please read this section carefully. The Diversity Charter Company provides wilderness adventure travel holidays. The nature of the cruises offered means that in some places, and under some circumstances passengers may face some physical discomfort and even danger. As a wilderness adventure holiday there are risks involved and it is expected that passengers accept and understand that these risks are part of each cruise. Every possible precaution will be undertaken by management and staff of the Diversity Charter Company. The owners and employees assume no responsibility for acts of god, illness, accidence, death or any property damage and/or loss incurred by a passenger in the course of the cruise. The Diversity Charter Company is unable to take any responsibility for any action on behalf of other carriers that may result in passengers failing to meet the conditions set down for any cruises.

WEB SITE TERMS OF USE
By viewing this site the visitor agrees to the On-Line Terms and Conditions contained within this document.

WARRANTY DISCLAIMER
This site and all of the information it contains, including information which may be related to Diversity Charter Company products and/or services is provided solely for informational purposes. All information contained in this site is provided “as is”, without warranty of any kind and does not represent a warranty of any kind, either expressed or implied. Implied warranties, as referred to in this section includes, without limitation, all implied warranties of merchantability, fitness for a particular purpose and non-infringement, all of which are hereby expressly disclaimed.

LIMITATION OF LIABILITY
Under no circumstances will Diversity Charter Company be liable to any person or business entity for any direct, indirect, special, incidental, consequential, or other damages based on any use of this site or any other web-site to which this site is linked, including, without limitation, any lost profits, business interruption, or loss of programs or information, even if Diversity Charter Company has been specifically advised of the possibility of such damages.

TRADEMARKS AND COPYRIGHT
Except as expressly provided herein; you may not copy, reproduce, distribute, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this site. Except as may be specifically granted to you by Diversity Charter Company in a separate instrument, you may only download material from this site for your own personal, non-commercial use as follows: you may make one machine readable copy and/or one print copy that is limited to occasional articles of personal interest only.
The On-Line Terms and Conditions below shall apply to all transactions made through this web site regardless of which of the following situations applies. Usage of this web site constitutes acceptance of these On-Line Terms and Conditions.

PURCHASE ORDER TERMS AND PRICING
If the Customer does not have a written agreement with Diversity Charter Company then these terms of the Diversity Charter Company standard invoice shall be controlling. Because of the nature of information systems, the pricing information contained in the Diversity Charter Company order processing system is considered definitive and will be used for pricing and invoicing your orders. Any pricing information on this site has been provided solely for your information and convenience. Please note that the pricing information shown may be further subject to taxes and other charges as well as discounts.

WRITTEN AGREEMENT TERMS AND PRICING
If the Customer (or Customer's group purchasing organisation) has a written agreement with Diversity Charter Company, then the specific terms and pricing of such written agreement will be controlling. In some limited circumstances, there may be a difference among the pricing information provided on-line at this site and the pricing information contained in such written agreements. It is Customer's responsibility to comply with all such agreements.