Servicing Flinders Island, Cape Barren and the Furneaux Group of Islands

Terms and Conditions

Terms and Conditions

WARNING:  Introducing rabbits to the Furneaux Group is strictly prohibited,  as is bringing fruit, vegetable and plant produce from Mainland Australia to Tasmania or the Furneaux Group.

All vehicles and machinery must be completely free of all contaminants and will be checked by quarantine on arrival to Flinders Island.

TERMS AND CONDITONS OF CARRIAGE

The following are the terms and conditions of the carriage of passengers. Please read them carefully.

INTERPRETATION:

In these conditions unless the contrary intentions appear: –

“carriage” shall mean the whole of the carriage performed or to be performed by Furneaux Freight pursuant to this contract;

“luggage” shall mean and include all personal baggage or effects or other luggage carried by the passenger named herein or carried hereunder;

“passenger” shall mean and include all persons named herein (and without limiting the generality hereof shall include any accompanying driver) and any guardian, executor, personal representative, heir or child or person travelling with a passenger or in the care of a passenger and their respective guardians, executors, personal representatives and heirs;

“this contract” shall mean the whole of the terms and conditions agreed with Furneaux Freight for the performance of the carriage and shall include Furneaux Freight applicable tariff and all other arrangements and agreements entered into with Furneaux Freight for the performance of the contract prior to the issue of this ticket;

“Furneaux Freight” shall mean Furneaux Freight ACN 140 394 752 and include where the context so admits its servants, sub-contractors and agents and shall include also any company or ship owner carrying or performing under or in connection with this contract. It shall also extend to include the Master or other authorised representative of the aforesaid Furneaux Freight;

“vehicle/accompanying vehicle” shall mean and include such motor car or motor cycle or other vehicle as described on the face hereof;

“vessel” means and includes any vessel lighter or other craft used in connection with the performance of this contract and shall include any such vessel owned, chartered, operated or managed by Furneaux Freight ;

“voyage” shall mean the whole of the voyage performed or undertaken or to be performed or undertaken by Furneaux Freight pursuant to this contract.

GENERAL

In these conditions unless the contrary intention appears:- Words importing the singular or plural number or the masculine gender shall, where the context permits include the plural or singular number or the feminine gender as the case may be.

1. Furneaux Freight reserves the right at any time to substitute one vessel for another to abandon or alter any voyage either before the commencement or at any time during the course thereof to dispatch the vessel before or after the date or hour advertised or announced for her sailing from any port to deviate from any advertised route for any purpose with liberty to sail without pilots, to proceed via any route, to proceed, return to and stay at any ports whatsoever (including the loading port) in any order in or out of the route or in contrary direction to or beyond the port of destination or often for bunkering or loading or discharging cargo or embarking or disembarking passengers luggage or accompanying vehicles whether in connection with the present, a prior or subsequent voyage or for any other purposes whatsoever, and to carry the within passengers, luggage and accompanying vehicles and cargo into and then beyond the port of discharge named herein and to return to and discharge any cargo at such port, or to tow or to be towed, to make trial trips with or without notice, to adjust compasses or to repair or dry dock with or without cargo on board. The exercise on any of the liberties contained in the clause shall form part of the agreed voyage.

2. (a)This ticket is not transferable and shall be exhibited to (or surrendered to) any officer or employee of Furneaux Freight on demand.

(b) In the event of the passenger to whom this ticket is issued travelling beyond the place for which the relevant fare has been paid, the passenger shall pay to Furneaux Freight on demand additional fare that may be payable in respect of the journey actually travelled.

(c) No berth or seat is to be occupied by any passenger without prior allotment by an officer or employee of Furneaux Freight.

3. Maintenance on board at the current rates shall be payable by the passenger:

(a) During any quarantine involving the vessel.

(b) During any period of delay in departure in excess of 24 hours.

(c) In the event that any passenger has a through ticket and breaks or terminates his journey at an intermediate port, from the time of arrival at such port until he leaves the vessel.

4. The passenger must bear:

(a) All expenses whilst awaiting the dispatch of the oncoming vessel in a passenger involving trans shipment.

(b) All quarantine expenses and all expenses occasioned by quarantine to the passenger.

(c) All expenses on shore when landed under the powers conferred by law or of this ticket.

(d) Cost of conveyance of the passenger, luggage and any accompanying vehicle to and from the vessel at all ports or places.

5. (a) In case of quarantine passengers and their luggage and any accompanying vehicle may be transferred to such station or vessel as may be appointed by the Local Authority and upon such transfer Furneaux Freight ’s liability under this contract shall cease absolutely.

(b) If for any reason whatsoever (including by not limited to quarantine) any passenger is on carried by Furneaux Freight to any other port such passenger shall pay passage money at the usual rate charged to such port.

6. In the event of the vessel being prevented by causes wholly or partly beyond the control of Furneaux Freight from reaching its named port of destination, or when for any cause whatsoever (Master’s opinion of which shall be final) the vessel cannot safely enter or lie in any bar, harbour, or roadstead or passes any usual port of call en route, passengers for such ports which their luggage and any accompanying vehicle may be landed at the next practicable port of call and upon such landing Furneaux Freight ’s liability under this contract shall cease absolutely.

7. No passenger shall be allowed to embark if suffering from any mental, infectious or contagious disease. Any passenger who in the opinion of the Master (which opinion shall be final) is suffering from any disease or affliction (bodily or mental) unfit to proceed to his port of destination or likely to endanger the general health or safety of those on board, may be re-landed or put on shore at any port including the port at which that passenger embarked at that passenger’s expense, but Furneaux Freight will after the passenger is convalescent, provide the passenger with a passage to his port of destination on the first sailing of the vessel thereafter having room leaving for such port.

8. Any passenger who in the opinion of the Master (which opinion shall be final) is or is likely to prove undesirable to the Master or the Authorities at the port for which such passenger may have booked or by reason of alcohol, drugs or otherwise is in such a state or misconduct’s himself in such a manner as to cause annoyance or injury to persons shall not be allowed to embark and if already on board may be restrained or confined to a cabin or other controlled area without notice and without liability to Furneaux Freight for any consequential damage, loss, expense, loss of time or inconvenience howsoever caused and Furneaux Freight shall not be required to repay any portion of a fare paid by any such passenger and that passenger may be landed at any port or returned to the original port of embarkation at his own expense.

9. Passengers in the opinion of the Master (which opinion shall be final) not complying and safety without prejudice to any other liability incurred may be landed by the Master at any port or place or be otherwise dealt with as the Master may think fit and upon such landing Furneaux Freight ’s liability under this contract shall cease absolutely.

10. This ticket is valid for 6 months from the date of the forward journey of the vessel for which it was originally issued. Refunds will be made only at the sole discretion of Furneaux Freight .

11. Furneaux Freight may arrange with any other person or corporation to undertake the carriage hereby contracted for or any part thereof or any service ancillary thereto on any terms whatsoever including the conveyance of the passenger and the passenger’s luggage and any accompanying vehicles to or from Furneaux Freight’s vessel.

12. Children under 16 years of age must be accompanied by an adult.

13. Animals and birds will not be accepted for carriage by Furneaux Freight pursuant to or ancillary to this contract.  Animals and birds will only be carried by prior arrangement with Furneaux Freight and only in accordance with Furneaux Freight’s terms and conditions for carriage of freight in accordance Furneaux Freight’s tariff.

14. (a) Furneaux Freight it servants agents and contractors shall be under no liability whatsoever to the passenger as defined for any personal injury, death, delay, or loss of any other nature (including damage to property) suffered or incurred by the passenger arising out of or incidental to or in any way connected with the carriage of the passenger or the performance of this contract whether due to negligence of Furneaux Freight servants agents or contractors or otherwise, howsoever caused and in accepting this ticket and entering this contract each passenger absolves and releases Furneaux Freight it servants agents and contractors from such liability.

(b) Further the passenger as defined agrees to indemnify Furneaux Freight its servants agents and contractors for and in respect of any action, suit, proceeding or claim for any personal injury, death, delay or loss as aforesaid brought by any person travelling with the passenger or in the passenger’s care or by the person representatives of any dependent of any such person travelling with the passenger whether such personal injury, death or loss as aforesaid is due to the negligence of Furneaux Freight its servants or contractors or otherwise, howsoever caused.

(c) All persons for whom this ticket is issued other than the passenger named on the ticket or named herein shall be deemed to be dependents of such passenger and the passenger named on this ticket being named herein warrants that he is fully authorised to and accepts these conditions on behalf of all persons carried hereunder.

15. By accepting or receiving this ticket each passenger agrees without prejudice to its other provisions and both on his or her behalf and on behalf of any person travelling with him or her and any child travelling with him or her in his or her care and of any dependents of him or her that all rights, exemptions from liability defences and immunities of whatsoever nature referred to in this ticket applicable to Furneaux Freight (which term shall for the purpose of this Clause include the Owners, Charters, Managers, Operators, Agents of the vessel and any Subcontractor of Furneaux Freight and Sub-contractors respective servants or agents, as the case may be) shall in all respects inure also for the benefit of any servants or agents of Furneaux Freight acting in the course of or in connection with their employment so that in no circumstances shall any such servant or agent as the result of so acting be under any liability to any such passenger or to any such person or child greater than or different from that of Furneaux Freight . For the purpose of the agreement contained in the Clause, Furneaux Freight is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of each of the Owners, Charters, Managers, Operators, Agents and all who are or may be Furneaux Freight ’s servants or agents from time to time and their respective servants or agents and each of them shall to this extent be or be deemed to be parties to the contract contained in or evidenced by this ticket.

16. Save as otherwise provided no claim under this ticket shall be enforceable against Furneaux Freight or its property or against the owners, Charters, Managers, Operators or Agents of the vessel unless:

(a) written notice thereof with full particulars of the claim reach Furneaux Freight, Managers, Agents or Brokers within 30 days of the date upon which the voyage terminated or should have terminated; and

(b) such notice having been given, suit, action or proceeding is commenced within one year after such date;

Failing which no such suit, action or proceeding shall be maintainable notwithstanding any provision to the contrary in the laws of any state or country.

17. Passengers are not liable to pay or entitled to receive any general average contributions in respect of their luggage or personal effects.

18. Furneaux Freight its servants agents or contractors shall in no circumstances be responsible for or liable to the passenger for any loss, damage, deviation, delay or detention to any luggage or to any vehicle arising from any cause whatsoever including negligence of Furneaux Freight or its servants agents or contractors or arising from the un-seaworthiness of the vessel occurring either prior to shipment or after shipment. Further, Furneaux Freight its servants agents or contractors shall in no circumstances be responsible for or liable to the passenger for any loss, damage, deviation, delay or detention to any luggage or to any vehicle howsoever arising after such luggage and or vehicle have been discharged from the vessel at the port or place of destination.

19. The passenger and any accompanying driver shall be jointly and severally responsible for and warrant that:

(a) No loose containers of petrol nor other flammable or dangerous substances accompany and vehicle.

(b) After parking on the vehicle deck and before vacating any vehicle the fuel supply is shut off in the case of gravity feed by closing the cock and in the case of pump feed by stopping the engine.

(c) Any such vehicle is in a fit condition for transport by ship and all loose parts are adequately secured within that vehicle.

(d) All personal belongings and baggage within any such vehicle are adequately secured within that vehicle.

(e) Any such vehicle will be moved or parked as directed by the servants or agents of Furneaux Freight.

(f) No passenger shall remain on the vehicle deck of the vessel or any other place on the vessel which is identified as being restricted to use by the crew other than at the direction of an officer or employee of Furneaux Freight.

20. By accepting the terms and conditions of carriage as herein and elsewhere stated, the passenger as defined agrees:

(a) To indemnify Furneaux Freight against loss or damage suffered by it and against claims by third persons made against it in respect of personal injuries, death, loss, damage or delay to property due directly or indirectly to the failure of the passenger to comply with the provisions of this contract and whether or not such personal injuries, death, loss, damage or delay may be due directly or indirectly to the wrongful act neglect or default of Furneaux Freight or any of its servants or agents or otherwise howsoever caused.

(b) To General Average (if any) being adjusted according to York/Antwerp Rules 1974 (as amended), such adjustment to be made in Melbourne or at any other port of Furneaux Freight ’s option.

(c) In the event of the General Average being declared, for the purpose of such adjustment to deposit with Furneaux Freight on demand such sum or security as may be reasonably required pending settlement.

21. Any passengers accompanied vehicle(s) carried hereunder is only accepted for shipment and carried by Furneaux Freight in accordance with the provisions of the Carriage of Goods by Sea Act 1991, of the commonwealth of Australia and Furneaux Freight on demand shall issue a Bill of Lading in respect of any such vehicle(s).

22. The “accompanied vehicle tariff” will not apply to vehicles which contain goods other than goods for which free carriage is allowed in accordance with the conditions of this contract.

23. Furneaux Freight provides upon request safekeeping for valuables aboard the vessel and encourages passengers to deposit any cash or valuables with the designated officer who will issue a receipt for such a deposit. Furneaux Freight shall not be liable for any loss or damage to any items deposited unless they have been delivered to the designated officer and a receipt issued. The value of such items deposited shall be deemed not to exceed $750.00 and Furneaux Freight reserves the right to refuse any item for deposit, in its absolute discretion.

24. (a) Notwithstanding any other provision of these terms and conditions, these terms and conditions shall read subject to any implied terms, conditions or warranties imposed by the Trade Practices Act of the Commonwealth of Australia and any other Commonwealth or State legislation in so far as such may be applicable and in so far as such may prevent either expressly or impliedly the exclusion or modification of any such term, condition or warranty.

(b) The terms and conditions described herein embody the entire understanding and agreement as to the subject matter of this contract. All previous negotiations, understandings, representations, warranties, memoranda or commitments in relation to, or in any way affecting the subject matter of this contract are merged in and superseded by these terms and conditions and shall be or no force or effect whatsoever. No oral explanation or information provided to a passenger shall: (i) affect the meaning or interpretation of this contract; or (ii) constitute any collateral agreement, warranty or understanding between the passenger and Furneaux Freight .

(c) Each of the provisions contained in these terms and conditions shall be severable and if any of such provisions should be invalid illegal or unenforceable the remaining provisions shall nevertheless have full force and effect.

25. All of the rights immunities and limitations of liability in these terms and conditions shall continue to have their full force and effect in all circumstances and notwithstanding any breach of this contractor any of the terms and conditions hereof by Furneaux Freight .

26. This contract is governed by and is to be construed in accordance with the laws of the State of Tasmania.

27. Cancellation fees may, at Furneaux Freight’s sole discretion, be applied to each passenger fare for which a ticket has been issued, if unavailable or cancelled within a time frame as prescribed by Furneaux Freight’s applicable tariff. Where applied the amount of cancellation fee shall be determined by Furneaux Freight’s applicable tariff.

28. At the sole discretion of Furneaux Freight, for operational reasons, vehicles may be required to be left on the vehicles deck unlocked, with ignition keys in place. Passengers are advised not to leave small attractive items such as cash, cameras, jewellery etc. in the body of vehicle. Such items should be taken into accommodation or locked in the car boot.

29. Subject always to the applicable tariff:

(a) Upon arrival at the terminal (and at all other times when vehicle movements are required) the passenger and any accompanying driver shall drive and or load their vehicles in accordance with the directions of Furneaux Freight’s terminal staff and stevedores.

(b) Passengers are required to limit the amount of hand luggage carried on board the vessel to those items required for the voyage. All other items are to remain in the passenger’s vehicle or to be lodged at the baggage area to be carried as baggage. Adult passengers shall be allowed the equivalent of two suitcases and child passengers shall be allowed the equivalent of one suitcase without additional charge.

(c) In accepting this ticket the passenger warrants that only personal effects (excluding always any articles for sale) shall be carried on the voyage, whether in the passenger’s vehicle or as baggage or as hand luggage.

(d) In accepting this ticket the passenger warrants that no hazardous, dangerous or noxious goods or substances shall be shipped or carried by the passenger on the voyage, whether in the passenger’s vehicle or as baggage or as hand luggage and the passenger undertakes to indemnify Furneaux Freight and forever keep Furneaux Freight  indemnified against all consequences of any breach by the passenger of this provision of this contract.

(e) The accompanied vehicle rate is charged for all motorised and towed units intended for personal use (and not for sale, gain or reward) and which are accompanied on the voyage by the passenger or any accompanying driver.  A separate freight rate applies to commercial vehicles and loads (including home removals of furniture) being transported for commercial purposes. Furneaux Freight reserves the right to inspect all vehicles and loads presented for shipment or shipped on the voyage. In the event of any false or mis-declaration of any vehicle or load. Furneaux Freight reserves the right at its discretion to charge the freight rates for such vehicles and loads in accordance with the applicable tariff or to refuse to ship such vehicle or load.

30. (a) Further to Condition 29(d) of this contract above passengers are advised that the following dangerous goods must not be carried in any accompanying vehicle, or as baggage or as luggage or on their person:

(i) Explosives, munitions, firearms, fireworks, flares and knives. Navigation regulations prohibit firearms, ammunition or dangerous, combustible or explosive goods to be carried by a passenger in their luggage or accompanying vehicle (other than petrol contained in the vehicle’s petrol tank or gas in cylinders).

(ii) Flammable liquids and solids such as heating fuel, paints, thinners.

(iii) Radioactive material

(iv) Oxidising materials such as bleaching powder and peroxides.

(v) Poisons and infectious substances such as insecticides, weed-killers and live virus materials.

(vi) Other dangerous items including magnetised materials, irritating or offensive substances.

(vii) Carriage of LPG Cylinders – Under no circumstances can LPG cylinders be carried on Furneaux Freights vessels, unless the cylinder is fitted as part of a caravan or motor home and approved for use on Australian roads. LPG cylinders will need to be removed from the vehicle prior to boarding.  Furneaux Freight does not offer storage for removed cylinders and will not be responsible for storage, removal or replacement costs of these cylinders please refer to Furneaux Freight Carriage of Dangerous Goods policy.

(b) Notwithstanding condition 30(a) of this contract Furneaux Freight agrees:

(i) Licensed firearms can be brought onto the vessel by passengers provided they are presented to the Master prior to the commencement of the voyage and the Master is able to safely disable the firearm and then lock it away in a safe room for the duration of the voyage.

(ii) Medicines, boxed matches, toiletries and alcoholic beverages may also be carried on to the vessel by passengers. No passenger however shall be permitted to consume any such alcohol onboard the vessel.

(iii) The fuel tanks of accompanying vehicles do not have to be drained of fuel.

(c) In accepting this ticket passengers agree to indemnify Furneaux Freight and keeping Furneaux Freight indemnified against all consequences of any breach by the passenger of this provision.

31. The person effecting a booking shall be deemed to have accepted the Booking Conditions on behalf of all persons named in the booking.

Quarantine Conditions – Passenger Information

All fruit, vegetables and plant material are subject to special conditions and examination upon arrival in Tasmania or Victoria. If you intend to take any of these items to Tasmania or Victoria, please contact your local Department of Agriculture for the conditions of entry.