These terms and conditions apply to any booking for a sailing with SeaLink Travel Group New Zealand Limited (SeaLink) other than on sailings available to the general public (a Charter). Please read these terms and conditions carefully before booking a Charter or boarding any SeaLink vessel. By booking a Charter you agree to be bound by these terms and conditions.
Where the Consumer Guarantees Act 1993 (Act) applies, these terms and conditions will be read subject to the application of the Act and, in the case of any conflict, the provisions of the Act will prevail. Where you are acquiring our services for the purpose of business, you agree that the Act does not apply.
SeaLink may vary these terms and conditions at any time by updating them.
1. General Conditions
1.1 Timetables and vessels are subject to change or cancellation without notice, due to weather, marine or operational requirements. For current information call +64 9 300 5919. SeaLink will not be liable for any losses, liability, damages, costs or expenses incurred as a result of cancellation or delays.
1.2 A final passenger count and, where applicable, a vehicle manifest (which includes a description of any dangerous goods) is required prior to departure.
1.3 When making your booking, a Charter booking form must be completed. The person signing the Charter booking form or paying the deposit for the booking (the Party Leader) must have, and is taken by SeaLink to have, the authority to do so on behalf of all of the other people covered by the booking (the Group).
1.4 The Party Leader is responsible for the Group’s behavior. The Group will be liable for the cost of any damage or loss of equipment that may occur during the Charter. The Chartered vessel must be kept tidy and no passenger shall discharge any rubbish from the Chartered vessel at any time during the Charter.
1.5 The Group is responsible for the behavior of children in their care or under their supervision. Under no circumstances is SeaLink responsible for the supervision or care of any child whether they are unaccompanied or travelling with their parent or guardian.
1.6 The skipper of the vessel reserves the right to refuse any person access on any Charter sailing for any reason including any person who is under 14 years of age, unruly in behavior, unfit to travel, is likely to cause distress or discomfort to other passengers. The skipper may also require any person to leave the vessel.
1.7 The skipper of the vessel is responsible for the running and safe navigation of the vessel, and the Party Leader will procure that the Group complies with the skipper’s decisions in relation to times of sailing, navigating and berthing the vessel.
1.8 Seatbelts must be worn whilst boarding and disembarking the vessel in vehicles.
1.9 All passengers travelling on a Charter to/from Waiheke Island should report a minimum of 30 minutes prior to departure. All passengers travelling on a Charter to/from Rakino Island, Great Barrier Island or other islands should report a minimum of 60 minutes prior to departure.
1.10 Smoking is not permitted inside any SeaLink vessels. In the case of Dangerous Goods sailings, smoking is not permitted anywhere inside and outside our vessels including decks.
2. Booking and cancellation conditions
2.1 Cheques and cash are not acceptable for payment.
2.2 The cost of a Charter services is in NZD$ and exclude Goods and Services Tax (15%) unless otherwise stated.
2.3 For cash sale customers, a deposit of 25% of the booking price is required within 7 days of making a booking in order to secure such booking. Payment of this deposit forms part of the final payment. Final payment must be made no later than 7 days before the date the Charter service is to be provided. Where the Charter service is booked less than 7 days before the Charter service is to be provided, the Charter service must be paid for in full at the time of booking.
2.4 For account holders, a deposit of 25% is due within 14 days of booking in order to confirm the booking, or at the time of booking if the Charter service is booked less than 14 days before the Charter service is to be provided. Final payment is due 30 days after the date the Charter service is provided.
2.5 Livestock Charters will incur a ferry cleaning fee, charged at $500 plus GST per hour. For the avoidance of doubt, this is in addition to the booking cost.
2.6 SeaLink reserves the right to require a bond of $500 plus GST to be paid before a booking is confirmed. This is to cover any damages and cleaning required after the Charter.
2.7 Cancellation fees: SeaLink reserves the right, in the event of a confirmed/paid booking being cancelled by a passenger, to charge a cancellation fee. Insurance is highly recommended. Cancellation fees apply to the total booking value and are as follows:
Cancellation received more than 7 days prior to sailing - 10% of the booking price. This will be deducted from the deposit paid and the balance credited to a nominated bank account.
Cancellation received between 7 days and 24 hours prior to sailing - 20% of the booking price. This will be deducted from the deposit paid and the balance credited to a nominated bank account.
Cancellation received less than 24 hours prior to sailing - 50% of the booking price.
Failure to board – 100% of the booking price.
2.8 If you wish to change your arrangements in any way we will attempt to accommodate such changes, however, this may not always be possible. Any request for a change must be made by the Party Leader. Please check whether your insurance will cover any changes or increased costs resulting from a change.
3. Service Standards
3.1 Except as expressly set out in these terms, we shall:
(a) provide a suitable vessel(s) for you and assign to such vessels appropriate crew; and
(b) use all reasonable endeavours to ensure that at all times the vessels and operations comply with all legal obligations in respect of operation of a ferry service.
3.2 We reserve the right to:
(a) alter the timing of a scheduled Charter at any time and without any prior notice;
(b) cancel any Charter without any notice; or
(c) refuse carriage of any person or any class of goods,
including, without limitation, due to health and safety, weather and/or availability of vessel or crew reasons. In the event we do so, we will use reasonable endeavours to accommodate you on the next appropriate Charter or will provide a monetary refund for the deposit paid (at SeaLink’s sole discretion), but shall not otherwise have any liability to you.
4. Conditions of Carriage
4.1 Passengers travel at their own risk and (to the extent permitted by law) SeaLink will not be responsible for any loss, damage, cost, expense or injury suffered by you or loss or damage to your property or any other persons property (including, without limitation, in all cases, as a result of negligence). Without limiting the foregoing, the following conditions apply:
(a) SeaLink will not be liable for any loss, damage or delay caused by or arising from an event beyond the control of SeaLink, including any act of God, inevitable accident, riot, civil commotion, strike, lock-out, stoppage or restraint of labour, regardless of the cause and whether partial or general.
(b) SeaLink does not warrant that services will be available at any particular time or at all. SeaLink is not liable to you or any other person:
- for any consequences arising from any variation or delay in the time of arrival or departure from any wharf or stop of any vessel;
- for any loss or damage as a result of a cancellation or any variation of the time of arrival or departure from any wharf or stop of any vessel;
- for damage to any of your property; or
- the death of any passenger or other person or for injury, harm disease or damage to health, whether physical, mental or otherwise (including mental or nervous shock or distress) suffered by a passenger or other person.
4.2 If there is contributory negligence on the part of a passenger or other person, SeaLink’s liability is subject to the law relating to contributory negligence.
4.3 You will indemnify SeaLink at all times against any loss, damage or cost suffered or incurred by SeaLink as a direct or indirect result of a breach by you of your obligations under these Terms and Conditions.
4.4 The Contract and Commercial Law Act 2017 applies to freight luggage where a separate fee has been charged for its carriage specifically. Such freight luggage is carried at "limited carrier's risk". SeaLink's liability is capped to the value of $1,500.00 in respect of each unit of goods lost or damaged or such other amount as specified under the Contract and Commercial Law Act 2017. We strongly recommend that you take out personal or travel insurance to cover any unforeseen circumstances that may arise. SeaLink does not accept liability for inadequate insurance as well as your failure to effect insurance on your own behalf.
4.5 SeaLink’s liability for loss or damage to property may be further limited if you fail to take steps to eliminate the risk of loss, damage or theft of your property. All claims for loss or damage must be received by SeaLink within 30 days of the sailing in accordance with section 274 of the Contract and Commercial Law Act 2017.
4.6 All luggage taken on-board is carried at the owner’s risk. SeaLink accepts no responsibility for any lost, stolen or damaged luggage. Please be mindful with your luggage and keep all valuable items with you at all times.
4.7 Passengers shall not remove, damage or interfere with any part of SeaLink property. Any traveller who interferes with, damages or causes damage to any SeaLink property shall be liable for the cost of the repair and reinstatement of that property together with any other losses, damage or expense SeaLink may have incurred.
4.8 SeaLink reserves the right to refuse to carry any person, or to seek to remove, or remove from the vehicle any traveller, who is intoxicated, drugged, or behaving in a manner which is dangerous or offensive to other travellers, and who refuses to comply with a reasonable request made by SeaLink under these circumstances.
Dangerous Goods
4.9 SeaLink reserves the right to refuse to carry any person, or to seek to remove, or remove from the vehicle any traveller, who is carrying undeclared dangerous goods.
4.10 The carriage of dangerous goods is regulated by the Maritime Rules of Maritime New Zealand. Dangerous goods must be declared to SeaLink at the time of booking. If you are carrying any dangerous goods and your vehicle is travelling unaccompanied you are required to compile a Dangerous Goods Declaration (See Dangerous Goods form for limitations). This form will need to be handed in at check-in. SeaLink reserves the right to refuse carriage of any dangerous goods that are in any way volatile in nature, offensive or which may cause harm to SeaLink passengers or crew.
4.11 Charters carrying bees or hives are to be arranged with SeaLink. The bee keeper and transporter are required to remain on board and monitor the load. The hive must be suitably covered with netting to prevent the bees from escaping. The bee keeper and transporter must agree with SeaLink on a suitable emergency plan and medical provision prior to sailing. SeaLink reserves the right to refuse carriage of bees or hives at any time and shipping is at the master’s discretion.
Pets
4.12 Carriage of domestic animals is permitted but not in the passenger cabin unless they are confined in an acceptable cage (which must be placed on the floor, not seats or tables) and be under the control of the owner. Animals must be attended to and kept under the strict control of the accompanying passenger at all times. SeaLink reserves the right to refuse carriage of any animal at any time.
4.13 Carriage of Disability Assist Dogs is permitted, at the discretion of the vessel’s master or crew.
4.14 Owners will be fully responsible for their pets and must abide by all legislation and bylaws relating to their pets, and crew directions. Failure to follow instructions will mean the domestic animal will not be allowed to travel.
4.15 The Hauraki Gulf is a controlled area with respect to the movement of animal pests* under the Biosecurity Act 1993. The movement of pests into and out of, or from another place within the Gulf is prohibited. SeaLink supports the conservation of the Hauraki Gulf Islands and will advise the appropriate authority if any passenger is seen to be carrying these animal pests.
*Animal pests include - possums, deer and feral goats, wallabies, mustelids, rabbits, ferrets and stoats.
For more information or clarification, please phone (0800) SEALINK (0800 732546).
5. General Conditions and Insurance
5.1 All services provided are subject to the conditions of the principal providers and no responsibility is accepted by SeaLink for misrepresentation, unforeseen omissions or additional costs incurred, including those arising from adverse weather conditions.
5.2 Cancellation insurance is inexpensive and highly recommended as disrupted plans can prove costly. We recommend you contact your insurance provider who will assist you to choose the right cover.