Terms and Conditions

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 7 days to confirm your booking. Unfortunately, reservations cannot be held for longer than this period if a deposit is not received. Final payment for bookings and any other charges incurred are due and payable no later than 90 days prior to departure.
For bookings made within 90 days of departure, we 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 6 passengers is required to confirm all cruises. Exclusive bookings do not require minimum numbers.

Payment types accepted
Electronic Funds Transfer (EFT – online banking) or Visa and Mastercard – Credit card payments will attract a surcharge. Payment will be deemed as received upon confirmation of cleared funds by our financial institution.

Price Assurance
Ever increasing fuel and increased costs are part of our everyday businesses and personal lives. Diversity Charter Company will guarantee once your full fare has been received there will be no increase in the cost of your adventure.

Rescheduled Bookings
All rescheduled bookings, and bookings made using credit voucher, are subject to the below terms:

a)  All bookings for rescheduled cruises, and bookings made using credit given by Diversity Charter Company are subject to availability.
b)  If a rescheduled booking is cancelled by you, including bookings made using any credit provided by Diversity Charter Company, the total value of the booking is forfeited. Any further rescheduling is at the absolute discretion of Diversity Charter Company.
c)  Credit for a future booking:
      i.  Is for the value already paid by you; and
      ii. Is valid for 3 years from the date of acceptance.
d)  If any unforeseen circumstances, or circumstances beyond the control of Diversity Charter Company, including but not limited to a Force Majeure Event, results in Diversity Charter Company being prevented from, or delayed in, performing any of its obligations to you, including pursuant to its terms and conditions:
       i.Then such a delay or prevention of performance shall not be deemed to be a breach of its terms and conditions;
       ii.No loss or damage shall be claimed by you from Diversity Charter Company by reason thereof; and
       iii.Diversity Charter Company shall use its best endeavours to minimise and reduce any period of suspension occasioned such unforeseen circumstances, or circumstances beyond its control, including any Force Majeure Event.

Force Majeure Event” means any act of God, war, terrorism, fire, flood or any other extreme weather conditions, loss of power, epidemics or pandemics, industrial disputes, slow-downs or other strike activities, riots or civil unrest, acts of government, semi government or other authorities, inability to obtain any necessary licence or consent and delays caused by sub-contractors, suppliers or other third parties (including telecommunications carriers), material shortages or other disruption to Diversity Charter Company’s services beyond its control.

Cancellations

Cancellations must be received in writing. At the time of cancellation, the following will apply:
a)  Cancellation up to 90 days prior to departure- forfeit of deposit
b)  Cancellation 60 to 89 days prior to departure – forfeit 50% of the fare
c)  Cancellation 0 to 59 days (including no-show) prior to departure – forfeit of 100% of fare.

Insurance
The Diversity Charter Company strongly advises all clients to purchase comprehensive travel insurance, including cancellation cover and emergency evacuation, at the time of booking. This may give you protection against an emergency that might cause a client to cancel their cruise, or leave during the progress of their cruise. While we do not recommend a particular insurance company we suggest you ensure your insurance is appropriate to your adventure.

Single Share Cabin
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 travelling 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

a)  Diversity Charter Company reserves the right to make changes to bookings and your itinerary, from time to time, at its absolute discretion, including but not limited to:
   i.  a change of scheduled outward departure time or location;
   ii.  a change of scheduled arrival time or location;
   iii.  a delay of your cruise; and / or
   iv.  a change of your itinerary, including the omission of one or more destinations. The Kimberley coastline is subject to 11metre tides, therefore each cruise is not exactly the same. Your cruise will be similar to the itinerary provided however Mother Nature can affect 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 as suggested in our itineraries. Our skipper provides the details of the next day activities each evening and our back deck whiteboard will reiterate same.

b)Diversity Charter Company will use best endeavours to notify you of any itinerary changes prior to departure. Diversity Charter Company is not liable or responsible for any expenses, costs or loss incurred due to any changes made by Diversity Charter Company to your booking and itinerary, including but not limited to those listed above.

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.

Medical Declaration
If you have any condition, including medical condition, that may affect you or the health or safety of any other passenger, in any way, during your cruise, which includes but is not limited to any heart condition, pregnancy, allergies, back problems, virus or infection, you must advise Diversity Charter Company at the time of booking (which includes a rescheduled booking and booking using credit) or, if such condition is not known at the time of booking, as soon as possible thereafter, and prior to embarking on any of Diversity Charter Company vessel.
Forced Removal
Diversity Charter Company reserves the right, at its absolute discretion, to refuse you access to its vessel, or remove you from its vessel, if on reasonable grounds, it believes that you may seriously affect the safety or well-being of any other passenger or person on-board, including but not limited to as a result of any contagious medical condition. If you are refused entry to, or required to leave, the cruise, Diversity Charter Company is not responsible for any expenses, including your return home, and you are not entitled to a refund.

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. Precautions will be undertaken by management and staff of the Diversity Charter Company to mitigate risks where we can. 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 during 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.
Diversity Charter Company will not be liable for any loss or damage to guests and other parties property.

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.

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 online at this site and the pricing information contained in such written agreements. It is Customer’s responsibility to comply with all such agreements.

Booking Agreement
By booking a Diversity Charter Company cruise or charter, or any cruise or charter covered by Diversity Charter Company terms and condition (which includes a rescheduled booking and booking using credit) you:
confirm that you are in good health and do not suffer from any condition, including medical condition, which may affect you or the health or safety of any other passenger; and
release, waive, discharge and indemnify Diversity Charter Company from any and all claims and actions, which may be made by you or on your behalf, for loss, in any way related to the cruise and or travel on a vessel operated by Diversity Charter Company, including but not limited to property loss or damage, bodily injury or death. Such release, waiver, discharge and indemnity:
Applies notwithstanding that any such claim, action or loss may come about, either wholly or in part, due to the negligence of or breach of a contractual term by Diversity Charter Company;
Is intended to be as broad and inclusive as is permitted by the law of the State of Western Australia; and
Does not exclude, restrict or modify the application of the Competition and Consumer Act 2010 (Cth), as amended from time to time.

Terms of Service

By viewing this site the visitor agrees to the On-Line Terms and Conditions contained within this document.

Disclaimer Summary:
The Diversity Charter Company web site and all of the information it contains, including information which may be related to Diversity Charter Companyproducts 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:
Below is the summary of our copyright that is outlined in full here. 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.

Acceptance.
By using this Site, you agree to the terms and conditions of this Agreement, which constitutes the entire agreement between you and Diversity Charter Company. This Agreement supersedes all prior and contemporaneous agreements, representations and warranties and understandings, whether oral or written, with respect to the Site, the Site contents and any services provided on the Site. In the event of any conflict between the Agreement and any other agreement or understanding related to the Site, this Agreement shall have control.

Amendments.
This Agreement may be amended by Diversity Charter Company from time to time and your only notice of such amendment shall be the posting of the amended Agreement on this Site. You are therefore advised to review the Agreement each time you visit the Site.

Limited Right to Use.
The Site and the contents herein are the intellectual property of Diversity Charter Company and are protected by applicable copyright, trademark and proprietary rights. Viewing, printing or downloading of any content, graphic, form or document from this Site grants you only a limited nonexclusive license for your personal use and does not authorize republication, distribution, assignment, sub-license, sale, preparation of derivative works or the right to link to the Site from another location or any other use unless you have received express permission for such use from Diversity Charter Company. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal, not-for profit use. You do not acquire any ownership rights to the Site or to any contents herein. All rights not expressly granted herein are reserved by Diversity Charter Company.

Licenses.
You agree not to download any content from this Site until you read and accept the terms and conditions of this Terms of Use Agreement. You agree that by downloading items from the Diversity Charter Company site, you will be bound by any end user licenses accompanying the downloaded product.

Disclaimer.
THE INFORMATION ON THIS SITE IS PROVIDED “AS IS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).

Limitation of Liability.
IN NO EVENT WILL DIVERSITY CHARTER COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST DATA, OR LOST SAVINGS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY EVEN IF DIVERSITY CHARTER COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion or limitation of special, incidental, or consequential damages, so the above exclusion or limitation may not apply to you.

Governing Law.
By using this Site, you agree that this Agreement shall be governed by and construed in accordance with the laws of the State of Western Australia in the Commonwealth of Australia, without regards to its conflict of law rules. By using this Site you also agree that all litigation arising out of or in connection with this Agreement shall be brought in the state courts of Western Australia in the Commonwealth of Australia or, for matters involving federal jurisdiction, in the Supreme court of the Commonwealth of Australia.

Privacy Statement

Diversity Charter Company strives to offer its visitors the many advantages of Internet technology and to provide an interactive and personalized experience. We may use Personally Identifiable Information (your name, e-mail address, street address, telephone number) subject to the terms of this privacy policy. Please note this policy applies only to information collected by Diversity Charter Company online and does not impact information collected or used by Diversity Charter Company or its affiliates through other means.

How we gather information from users.
How we collect and store information depends on the page you are visiting, the activities in which you elect to participate and the services provided. You can visit many pages on our site without providing any information. Other pages may prompt you to provide information, such as when you register for access to portions of our site, sign up for membership, request certain features (e.g., newsletters, news updates and other products), sign up for a newspaper subscription or register to purchase products.

You may also provide information when you participate in other interactive areas of our site. Like most Web sites, Diversity Charter Company also collects information automatically and through the use of electronic tools that may be transparent to our visitors. For example, we may log the name of your Internet Service Provider or use “cookie” technology. Among other things, the cookie may store your user name and password, sparing you from having to re-enter that information each time you visit, or may control the number of times you encounter a particular advertisement while visiting our site.

As we adopt additional technology, we may also gather information through other means. In certain cases, you can choose not to provide us with information, for example by setting your browser to refuse to accept cookies, but doing so may limit your ability to access certain portions of the site or may require you to re-enter your user name and password. Additionally we may not be able to customize the site’s features according to your preferences.

What we do with the information we collect.
We will use your information only as permitted by law. Aggregated Information (information that does not personally identify you) may be used in many ways. As one example, we may combine information about your usage patterns with similar information obtained from other users to learn which pages are visited most or what features are most attractive. Aggregated Information may occasionally be shared with our advertisers and business partners, but cannot be used to contact you individually.

We also collect information to enhance your visit and deliver more individualized content and advertising. For example, we may use Personally Identifiable Information collected on Diversity Charter Company to communicate with you regarding our Terms of Service and privacy policy, products and services offered by Diversity Charter Company and other affiliates and partners, administration of contests, processing e-commerce transactions and other topics we think you might find of interest. We reserve the right to share this information with other business units and affiliates. Personally Identifiable Information collected by Diversity Charter Company may also be used for other purposes including but not limited to site administration and troubleshooting. Certain third parties who provide technical support for the operation of our site (our Web hosting service and our web site designer, for example) may access such information.

As we continue to develop our business, we may sell, buy, merge or partner with other companies or businesses. In such transactions, user information may be among the transferred assets. We may also disclose your information in response to a court order, at other times when we believe we are reasonably required to do so by law, in connection with the collection of amounts you may owe to us, and/or whenever we deem it appropriate or necessary to give such information to law enforcement authorities. Please note we may not provide you with notice prior to disclosure in such cases.

Your choice to opt out.
The information on Diversity Charter Company website may be supported by our suppliers and by advertising revenue. A controlled program of e-mail marketing is an important element of our online business. Like other Web publishers, we sometimes permit our advertising and promotional partners to e-mail you about services, features, products, special offers and unique content we believe might interest you.

If you prefer not to receive e-mail communications sent directly from our advertisers or promotional partners, you will be given an opportunity to decline before you provide us information we might use for this purpose. If you decline at the time you provide us such information, we will not share the Personally Identifiable Information you provide with non-Affiliated advertisers for such purposes, though we may on occasion send you information on their behalf.

Affiliated sites, linked sites and advertisements.
Diversity Charter Company expects its partners, advertisers and third-party affiliates to respect the privacy of our users. However, third parties, including our partners, advertisers, affiliates and other content providers accessible through our site, may have their own privacy and data collection policies and practices. For example, during your visit to our site you may link to, or view as part of a frame on a Diversity Charter Company page, certain content that is actually created or hosted by a third party. Also, through Diversity Charter Company you may be introduced to, or be able to access, information, Web sites, advertisements, features, contests or offers by other parties. Diversity Charter Company is not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party.

While on our site, our advertisers, promotional partners or other third parties may use cookies or other technology to attempt to identify some of your preferences or retrieve information about you. For example, some of our advertising is served by third parties and may include cookies that enable the advertiser to determine whether you have seen a particular advertisement before. Through features available on our site, third parties may use cookies or other technology to gather information. Diversity Charter Company does not control the use of this technology or the resulting information and is not responsible for any actions or policies of such third parties.

Please be careful and responsible whenever you are online. Should you choose to voluntarily disclose Personally Identifiable Information on our site, such as in message boards, chat areas or in advertising or notices you post, that information can be viewed publicly and can be collected and used by third parties without our knowledge and may result in unsolicited messages from other individuals or third parties. Such activities are beyond the control of Diversity Charter Company and this policy.

Copyright

Ownership of copyright
Diversity Charter Company owns the copyright in:

this website; and
the material on this website (including, without limitation, the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website).

Copyright license
We grant to you a worldwide, non-exclusive, royalty-free, revocable license to:

view this website and the material on this website on a computer or mobile device via a web browser;
copy and store this website and the material on this website in your web browser cache memory; and
print pages from this website for your own [personal and non-commercial] use.
Diversity Charter Company does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved. For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast, or show or play in public this website or the material on this website (in any form or media) without the prior written permission of Diversity Charter Company.

Data mining
The automated and/or systematic collection of data from the entire Diversity Charter Company website is prohibited unless expressly authorised by Diversity Charter Company.

Permissions
You may request permission to use the copyright materials on this website by emailing us at zac@diversitycharters.com.au

Enforcement of copyright
We take the protection of our copyright seriously. If we discover that you have used our copyright materials in contravention of the license above, we may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you using those materials. You could also be ordered to pay legal costs incurred by Diversity Charter Company. If you become aware of any use of our copyright materials that contravenes or may contravene the license above, please report this by email to zac@diversitycharters.com.au or by post to

Infringing material
If you become aware of any material on our website that you believe infringes your or any other person’s copyright, please report this by email to zac@diversitycharters.com.au

Find Us at
66 Kings Park Rd,

West Perth, WA, 6005

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