These Terms of Use (Terms) govern your access to the Vessels and use of the charter services (Charter) of Quest Angling Expeditions PTY LTD ABN 27 630 507 569 (Quest, Our, We, Us). Please read these Terms carefully before booking and using the Charter. If you do not agree to these Terms, you may not access the Charter and We may terminate any booking you may have with us. Quest may amend these Terms from time to time and the amended Terms will be available on our website and will be binding from the date of publication. Your continued use of the Charter after such publication will constitute your consent to be bound by the amended Terms. These Terms also include any policy documents provided to You by Quest or published on Our website.

 

 

1.         The Charter

(a) The Charter includes those services offered from time to time by Quest including but not limited to access to the selected Quest charter outlined in your booking.

2.         Bookings and Fees

• Quotations are valid for 7 days and are estimates only. Quotations may be altered or amended in accordance with the operator or client’s Relocation fees will be included in the quote if applicable.
• All quotes and rates are made in Australian Dollars. Payments must be made in Australian dollars via electronic transfer or credit card (Visa or Mastercard only). Please note a 5% fee for Australian cards and a 2% fee for international cards is added for payment by credit card.
• At the time of booking, an invoice will be sent with payment details. A 25% deposit is required by the due date noted on Our invoice to confirm the Charter booking otherwise the booking reservation will be automatically
• The booking is confirmed upon receipt by Quest of the deposit and the receipt by Quest of a Discharge of Liability form signed by each guest under that
• The balance of fees noted in Our invoice must be paid to Quest no later than 60 days prior to the commencement date of the Charter. At this time final numbers of guests must also be confirmed and signed Discharge of Liability forms provided for any additional guests not identified at the time of booking. If the Charter booking is made within 60 days of commencement date, the full fee will be payable to confirm the
• If payment of the balance of fees is not received by the due date noted on our invoice, We may cancel your booking and retain your
• All fees payable by you include GST (unless stated otherwise).

 

3.         COVID-19 Refund Policy

In the event of Australian State or Federal Government Covid-19 restrictions preventing this Charter from proceeding, a 90% refund of all amounts received by Quest will be provided to you. For international guests a 90% refund of all amounts paid also applies if country of origin Covid-19 restrictions prevent travel to Australia or the Australian Government denies entry from country of origin.

Covid Policy

Your health and safety are very important to us. We have implemented several measures on board our Charters to stop the spread of COVID-19. The following policy has been implemented by us to also help us protect you, our staff, and other passengers.

If you have been feeling unwell or exhibiting symptoms of COVID-19 you must Complete a Rapid Antigen Test (RAT) within 24hrs before boarding

If you present at the Vessel displaying symptoms of COVID-19 we may prevent your entry onto the Vessel if you do not provide a negative COVID-19 RAT test result.

Entry onto the Charter will not be permitted if you have returned a positive COVID-19 test in the previous 7 days.

In the event a passenger becomes unwell with COVID-19 symptoms during the Charter, we will supply them with a RAT test. If the test is positive, that passenger will isolate as best as possible in their cabin and continually be monitored to assess the severity of the symptoms. If the passengers’ symptoms worsen or they need medical assistance, we will transfer that passenger to shore ASAP. If the test is negative the passenger will make all efforts to socially distance, where a mask where practical and take a second RAT test the following day.

4.         Cancellation

• All Charter cancellations must be received by Quest in writing.
• The following will apply in the event of cancellation:
  • Cancellations made prior to 120 days from commencement of the Charter will have 50% of the deposit
  • Cancellations made from 119 to 60 days prior to commencement of the Charter will forfeit all of the deposit, unless a replacement booking can be made in the next 12 months, in which case 80% of the deposit will be allocated to your replacement booking.
  • Cancellations made 59 to 30 days prior to commencement of the Charter will have 50% of the total fees paid refunded, unless a replacement booking can be made in the next 12 months, in which case 90% of fees will be allocated to your replacement booking.
  • Cancellations made less than 30 days prior to commencement of the Charter will forfeit the total fees paid, unless a replacement booking can be made in the next 12 months, in which case 80% of fees will be allocated to your replacement

• Cancellation due to inclement or unsafe weather will be made at the Captain’s discretion and every attempt will be made to reschedule.  If rescheduling is not an option, travel insurance is required to cover any financial losses incurred due to a cancellation, including but not limited to Charter deposits, Charter total fees, flights, accommodations. (see Clause 10)

5.         Your obligations

• You must follow all lawful directions, rules, notices or instructions of Quest’s Personnel at all times including in relation to the health and safety of yourself, other passengers and the Quest Personnel, the management of the Vessels, and the use of all
• The Captain of Quest is suitably qualified and carries the necessary licenses for Quest’s vessel’s specifications. You acknowledge and agree that you must recognize the authority of the Captain in all matters, including in relation to safety (including service of alcohol), navigation and speed of Quest’s vessels and Equipment and in relation to anchorages and itinerary changes due to adverse weather or Force Majeure
• You must take reasonable precautions for the safety of yourself, other passengers and Quest
• You must provide honest and up to date medical information to Quest when requested, including on the Passenger Snorkeling
• You are responsible at all times for any children in your care under the age of 18 years. You are responsible for ensuring a responsible adult is at all times supervising children in your care. You acknowledge that Quest Personnel are not responsible for the supervision of children. You are responsible for authorizing, or otherwise, the activities in which children in your care may
• Passengers who are over 34 weeks pregnant at the time of the Charter may only take part in the Charter with written approval from a medical professional. Pregnant passengers acknowledge that travel by boat carries inherent safety risks and agree to take part in the Charter at their own
• You acknowledge that while Quest Personnel are trained in first aid, a doctor is not available during the Charter. You accept all responsibility for any pre-existing medical conditions and
• You are responsible for your Personal Property and for its safe storage and use during the Charter.
• You must not bring dangerous goods onto the Vessel including weapons or ammunition unless expressly agreed by Quest. Where Quest has been notified and has agreed prior to the commencement of the Charter, dangerous sporting equipment including spearfishing equipment may be brought onto the Vessel. You accept all responsibility for the transport,

• storage and use of any dangerous goods and sporting equipment that you bring onto the Vessel.
• You must not bring illegal substances onto the Vessel, nor use illegal substances during the Charter.

6.         Quest rights

• Quest reserves the right to cancel, vary or terminate the Charter or arrange for the removal of passengers where:
  • passengers breach any obligations set out in clause 5;
  • passengers engage in abusive or threatening behavior towards other passengers or Quest Personnel; and
  • you become unwell or Quest Personnel become aware that you are suffering from any condition that may make it unsafe for you, other passengers or Quest Personnel if you remain on the
• Quest may request that you show the contents of any bags or other Personal Property if we reasonably suspect you are breaching your obligations as set out in clause 5 and you must cooperate with such
• Charter fees will not be refunded to you in the event of cancellation, variation or termination of the Charter caused by your breach of the obligations set out in clause 5.

7.         Your Personal Property

• Subject to clause 5(i) you may bring Personal Property onto the
• You acknowledge that carrying Personal Property on a sea vessel is inherently risky. Some risks to Personal Property may include water or weather damage, loss overboard, breakage due to movement of the Vessel, fluctuations in generator power that may damage electronical equipment and theft by pirates. You accept full responsibility for all risks to Personal Property and indemnify us for any damage caused to your Personal
• You accept responsibility for the transport, storage and use of your Personal Property, including damage to property or injury to passengers, caused by your, or other passengers, use of your Personal
• In the event Personal Property is left on board the Vessel after the Charter we will make reasonable attempts to notify you. If we cannot notify you, or you fail to arrange for its collection within 7 days after the Charter, we may retain, sell or otherwise dispose of the property at our discretion.

8.         Recreational activities

• You acknowledge that the Charter includes Recreational Services and Dangerous Recreational Activities which carry inherent risks and that you may be exposed to the risk of serious injury or death during the You acknowledge that the risk of serious injury or death may be increased by, among other things, unpredictable weather conditions, the nature of a moving vessel on water, your own actions or failure to act, and the actions or failure to act of other passengers on the Charter and being in remote locations. Obvious risks of taking part in a Charter may include, but are not limited to, rough weather and injury caused by rough weather, drowning, sinking, exposure, seasickness, injury caused by

• moving boat parts and moving about the Vessel, and injury caused by taking part in recreational Charter

• Dangerous Recreational Activities associated with obvious risks of injury or death may include, but are not limited to, spear fishing, water sports and use of water sport vehicles, surfing, diving, snorkeling, drop dives, exposure to dangerous marine animals and expeditions to remote
• You voluntarily assume all such risks set out in this clause 8.

9.         Force Majeure

• You acknowledge that adverse weather or sea conditions may lead to a delay, alteration or cancellation of the
• Quest does not breach these Terms nor incur any liability for any Loss incurred or suffered by you if the Charter is delayed, affected or canceled because of a Force Majeure
• If a Force Majeure Event occurs, Quest may at any time delay, alter or cancel the Charter which may include removal of passengers and Personal Property from the

PLEASE NOTE – TRAVEL INSURANCE is required to be taken out by you, as set out in clause 10 below.

10. Insurance

• Quest strongly advises that you arrange travel insurance from the day you pay your deposit to insure against the loss of deposit or whole Charter fee in the event of having to cancel your Charter booking, or cancellation due to weather or force majeure. Your insurance should also cover lost baggage, flights, accommodations, Personal Property, personal injury and medical evacuation and/or medical expenses.
• You acknowledge that:
  • you are solely responsible for arranging your travel and emergency evacuation insurance and ensuring that it covers your Charter activities; and
  • You are responsible for the payment of any excess on an insurance
  • Quest accepts no liability for any Loss caused by your failure to effect or maintain these

11.    Liability

• To the full extent permitted by law, Quest excludes the following:
  • Any term or warranty that may be implied into these Terms;
  • Any liability in negligence for harm suffered by you or any other person as a result of the materialization of an obvious risk of a Dangerous Recreational Activity engaged in by the person suffering harm, whether or not that person was aware of the risk;
  • Any liability for:
    1. death;
    2. physical or mental injury (including the aggravation, acceleration or recurrence of such injury);
    3. the contraction, aggravation or acceleration of any disease of an individual; or

1. the coming into existence, the aggravation or recurrence of any other condition, circumstance, occurrence, activity, form of behavior, course of conduct or state of affairs in relation to an individual that is or may be harmful or disadvantageous to the individual or community, or that may result in harm or disadvantage to the individual or community,

arising out of, or in connection with, the supply of Recreational Services to you, unless the significant personal injury suffered by you is caused by the Reckless Conduct of Quest. The Recreational Services provided by Quest involve risks and may result in serious injury or death. Under the Australian Consumer Law we are entitled to ask you to agree that the Consumer Guarantees do not apply to you. By participating in the Charter you agree that your rights, and the rights of your legal personal representative, to sue Quest if you are harmed are excluded or restricted as set out above.

• Notwithstanding any other provision of these Terms, Quest is not under any circumstances liable for any Consequential Loss suffered by you or any third party or for any Loss or damage to any Personal
• Quest accepts no responsibility nor liability for any loss or damage arising out of or in connection with:
  • Your breach of these Terms;
  • A passenger’s pre-existing medical condition;
  • You bringing Personal Property onto the Charter;
  • The conduct of, or your failure to supervise, any children in your care;
  • Your negligent conduct, including excessive consumption of alcohol; or
  • Cancellation, alteration or delay of the Charter, or removal of passengers or Personal Property from the Charter due to a Force Majeure
• Subject to this clause 11, and to the extent permitted by law, you agree that our liability to you is limited to the payment to you of the cost of having the Charter supplied

12.    Indemnity

• You must indemnify Quest for any Loss or damage that we suffer as a result of:
  • Your breach of these Terms;
  • You bringing dangerous goods onto the Charter (unless expressly permitted by us);
  • You bringing illegal substances onto the Charter;
  • Damage caused by you to the
  • Your failure to:
    1. follow the lawful and reasonable instructions of
    2. recognize the authority of the Captain of
    3. disclose a pre-existing medical condition including COVID-19;
    4. arrange travel or emergency evacuation

• Your engagement in abusive, threatening, or criminal
• The use by you or other passengers or third parties of your Personal Property; and
• Your negligence, breach of law or willful act or

• If you require medical care or emergency medical evacuation, you, or your personal legal representative, indemnify us for any Loss, expenses, costs, or charges we incur in relation to obtaining medical care or emergency

13.    General

• Part or all of any of the provisions of these Terms that are illegal or unenforceable will be deemed severed from these Terms and the remaining provisions of these Terms will continue in force.
• These Terms are governed by and construed in accordance with the law for the time being in force in the State of Queensland and the parties submit to the exclusive jurisdiction of the courts of that

• Quest does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a breach does not operate as a waiver of any other breach. A

waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.

• The Disclaimer of Liability and Passenger Snorkeling form part of these

14.    Dictionary

 

Consequential Loss means loss which is not direct loss (being loss arising naturally from the breach according to the usual course of things, regardless of whether the parties considered the effect of the breach at the time they made the contract), and includes any special, exemplary or punitive damages, incidental, indirect or consequential damages, losses or expenses, and any loss of use, revenue, profits, reputation, goodwill, business opportunity or anticipated saving.

Dangerous Recreational Activity means an activity engaged in for enjoyment, relaxation or leisure that involves a significant degree of risk of physical harm to a person.

Equipment means any tender vessel , Fishing Equipment, Research or filming equipment, and sports equipment.

Force Majeure Event includes but is not limited to any act of god, natural or other disasters, severe adverse weather or sea conditions, explosion, flood, fire, person overboard, response to a distress signal, rescue response or activity, medical emergency, war, pirate activity, invasion, terrorism, disease, epidemic or pandemic, quarantine restrictions, rebellion, riot, civil disorder, government acts, restrictions, regulations, orders, or refusal to grant licenses or authorizations of any kind, industrial action, seizure or arrest under legal process, port congestion, docking delays, supply delays, machinery breakdown, or any other event beyond Quest’s reasonable control.

 

 

Loss means any loss, cost, expense, damage, charge or liability of any kind including (unless otherwise specified) any Consequential Loss.

Personal Property means your property that you bring onto the Charter, and may include but is not limited to Equipment, sporting vehicles, cameras and filming equipment, jewelery, computers, research and scientific equipment, equipment and phones.

Personnel means staff, employees, officers, contractors and agents.

Reckless Conduct has the meaning set out in section 139A(5) of the Competition and Consumer Act 2010 (Cth).

Recreational Services means Charter services that consist of participation in a sporting activity or a similar leisure time pursuit; or any other activity that:

• involves a significant degree of physical exertion or physical risk; and
• is undertaken for the purposes of recreation, enjoyment or

You means the passenger taking part in the Charter and includes that passenger’s children taking

part in the Charter.

Vessel means any of Quest’s charter boats and tenders.