Terms & Conditions

The concierge travel and agency services and the information (together the “Services”) that Cruisewatch a division of B&S Media GmbH (hereinafter referred to as "Cruisewatch"), offers through www.cruisewatch.com.au (the “Website”), by telephone or email are provided to assist customers in planning researching and purchasing cruise vacations or other third-party travel-related services (the “Travel”) from Cruisewatch or from travel suppliers and other vendors.

These terms and conditions as amended by Cruisewatch from time to time (the “Terms”) and the current privacy policy of Cruisewatch (the “Privacy Policy”) which are incorporated by reference (collectively, the "Agreement"), govern your use of the Services. By accessing or using the Website and using the Services, you accept the Terms without modification. If you do not agree to the Terms, you (hereinafter referred to as the "Customer,") may not use the Services.

The Customer and Cruisewatch agree to conduct transactions either manually or electronically and to submit signatures via manual or electronic means.

REPRESENTATIONS OF THE CUSTOMER

By using the Services, the Customer represents and warrants that:

  1. the Customer is 18 years of age or older;
  2. the Customer possesses the legal authority to create a binding legal obligation on the Customer’s own behalf and on behalf of others for whom the Customer is seeking to use the Services;
  3. the Customer will use the Services in accordance with the Terms;
  4. the Customer consents to the use and disclosure all information provided by the Customer in accordance with Cruisewatch’s Privacy Policy as amended from time to time; 
  5. all information provided by the Customer either through the website, by email, by telephone or by other means is true, accurate and complete;
  6. the Customer’s use of the Services is limited to arranging or managing travel reservation for the Customer or for another person on whose behalf the Customer is legally authorized to act;
  7. the Customer will inform such other person(s) that these Terms apply to their reservations;
  8. the Customer will comply with all applicable laws, rules and regulations relating to the Customer’s use of the Services; and
  9. the Customer will comply with the terms and conditions of any third party supplier relating to Travel booked through Cruisewatch.

WEBSITE CONTENT

The content of the Website is owned or controlled by Cruisewatch and is protected by worldwide copyright laws. The Customer may download content only for the Customer’s personal use for non-commercial purposes, but no further reproduction or modification of the content is permitted. The trademarks, service marks, trade names, and copyrights shown on the Website are also protected in Australia and internationally. These trademarks, service marks, trade names and copyrights may not be used to falsely indicate or imply a connection or association with, or sponsorship by Cruisewatch without the prior written authorization of Cruisewatch. The trademarks, services marks, trade names, copyrights, products, technology or processes described on the Website may also be the subject of other intellectual property rights reserved by Cruisewatch or other third parties. No licence is granted with respect to those intellectual property rights.

The Website and the Services are only made available to persons in Australia. If the Customer is not located in Australia, the Customer must not access the Website and is not permitted to book travel through the Website.

Cruisewatch makes no representation or warranty as to the completeness or accuracy of the information (including Alerts) contained on the Website or otherwise provided to the Customer. Cruisewatch will not be liable for any failure to timely update changes in special offers or for the unavailability of special offers. Cruisewatch will not be liable for any damages, lost profits, injuries, savings, or goodwill resulting from the Customer’s use or inability to use information provided from on the Website. The Customer should therefore verify information obtained from on the Website before the Customer acts on it, as applicable.

The Website may provide links or references to other sites, but Cruisewatch has no responsibility for the content of such other sites and will not be liable for any damages or injury arising from that content. Any links to other sites are provided merely as a convenience to the users of the Website. Cruisewatch does not regularly review materials posted on the sites to which it is linked and Cruisewatch does not necessarily endorse all of the materials appearing on such linked sites. Any decision to view any of the linked sites is at the viewer's own risk.

SUBSCRIPTION WALL

Access to the "Alerts" feature of Cruisewatch’s online services is restricted to online subscribers. The Customer can obtain a subscription by registering for one on the Website. Subscriptions may be subject to subscription fees or pay-per-use charges or may be provided free of charge.

SUPPLIER PERFORMANCE

Cruisewatch acts merely as the agent of the tour operators, cruise lines and other travel service providers (the “Suppliers”) and makes no representation or warranty as to any Supplier's safety levels, quality of service, or intended performance. Cruisewatch has no control or influence over the performance, operations or policies of the Suppliers.

TRAVEL INSURANCE

Cruisewatch highly recommends travel cancellation & interruption insurance coverage. By declining the opportunity to purchase travel insurance, the Customer is fully responsible for the non-refundable cost of the Customer’s travel experience. By signing this Agreement, the Customer confirms that the Customer is fully aware that in an event of a cancellation that the Customer and/or the Customer’s travel companions are fully responsible for any penalties and consequences that could be charged by any parties involved in the Customer’s travel experience.

TRAVEL DOCUMENT REQUIREMENTS

Australian citizens traveling internationally will, depending on the country they are visiting, need via and a passport, which will remain valid for at least 6 months after the intended return to Australia. The Customer should contact the embassy or consulate to determine if visas are required to enter a particular country. In some cases, the Customer will be required to have a transfer visa even if the Customer will not be staying in that country. Note: Be sure to check the expiration of every passport. New passports and visas may take several weeks to obtain.

Information about the destination country’s entry requirements may also be found at: 

https://smartraveller.gov.au/Pages/default.aspx 

SUPPLIER DEFAULT

Cruisewatch will not be liable for failure of Suppliers, including but not limited to cruise lines and tour operators to perform the services offered by such Suppliers. Cruisewatch acts merely as the agent of the Suppliers, has no special knowledge regarding the financial condition of the Suppliers and makes no representation or assurance regarding the solvency of the Suppliers. In providing the Services to the Customer, Cruisewatch gives no guarantee that any service promised by the Supplier will actually be delivered to the Customer. Cruisewatch will not offer any reimbursement to the Customer from any loss experienced as a result of the financial condition of such Supplier. In the event that a Supplier defaults prior to providing a paid service to the Customer, the sole recourse for refund will be with the defaulting Supplier, from insurance covering such defaults or, if the Customer paid the Supplier by credit card, by contacting the credit card company and requesting protection or reimbursement from such defaults.

Cruisewatch warrants that it provides the highest standards of service and will always use appropriate care in recommending or selecting suppliers to protect the Customer from such default. Yet, despite the best efforts Cruisewatch uses to vet Suppliers, unexpected company failures can and do occur.

CRUISE PRICE PREDICTION

Cruisewatch’s Price Prediction tool forecasts cruise prices based on historical pricing trends, extensive algorithmic data and statistical research. Although it predicts prices with a high rate of accuracy, Cruisewatch cannot guarantee that the price prediction generated will result in lower fares at the time of booking. Cruisewatch’s prediction also does not guarantee that the lowest possible price will be in the Customer’s preferred cabin class or category.

POST- PURCHASE PRICE INCREASES

The Customer is advised that the travel services that the Customer purchases, are subject to supplemental price increases that may be imposed after the date of purchase. Post-purchase price increases may be applied due to additional costs imposed by an airline, cruise line or government. The Customer agrees to pay additional sums to offset increased fees, fuel surcharges, taxes, fluctuations in foreign exchange rates or any combination thereof. The Customer agrees that Cruisewatch may charge the Customer’s credit card on file to pay for any post-purchase price increase.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES

The Website is provided by Cruisewatch on an “as is” and “as available” basis. Cruisewatch makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website. The Customer expressly agrees that the use of the Website by the Customer is at the Customer’s sole risk.

Cruisewatch disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Cruisewatch does not warrant that the Website, its servers, or email sent from Cruisewatch are free of viruses or other harmful components. Cruisewatch will not be liable for any damages of any kind arising from the use of the Website, including, but not limited to Excluded Loss or Damage.

Notwithstanding anything to the contrary in these Terms, Cruisewatch is not subject to, and the Customer releases Cruisewatch from any liability (including but not limited to Excluded Loss and Damage) arising from any delay in delivery of or any defect or fault in the Services to the full extent permitted by law.

If the Terms or, despite this clause, the provisions of the Competition and Consumer Act 2010 (Cth), the Sale of Goods Act 1923 (NSW) or its equivalent acts in other Australian States and Territories or any other act or the general law impose on Cruisewatch a liability for a defect or fault in the Services then, to the extent to which Cruisewatch is entitled or able to do so, Cruisewatch’s liability is limited, at Cruisewatch’s option, to: 

  1. providing the Services again; or
  2. refund of moneys paid by the Customer to Cruisewatch in respect of the Services, and in any case:
  1. Cruisewatch will not be liable for any Excluded Loss or Damage; and
  2. Cruisewatch’s total liability to the Customer is limited to an amount equivalent to the amount paid by the Customer for the Services at the time when the claim arose.


For the purposes of these Terms, “Excluded Loss or Damage” means any: 

  1. loss of profit, revenue (including anticipated revenue), use, product or production (including delayed, postponed, interrupted or deferred production and/or inability to produce, deliver or process), bargain, contract, expectation or opportunity, access to markets, goodwill and/or business reputation even if such loss is a direct loss or a loss that flows naturally from the relevant breach; 
  2. indirect loss; 
  3. loss consequential on other loss; 
  4. remote or unforeseeable loss or damage; 
  5. liquidated sums including liquidated damages, penalties, losses or damages arising under any contracts or agreements other than the Agreement;
  6. kind of loss or damage considered other than loss arising in usual course of things; and
  7. any similar loss or damage, whether or not in the reasonable contemplation of the Cruisewatch or the Customer at the time of entering into the Agreement, 

and in each case arising from or in connection with the Agreement or the performance of the Services, whether arising from a breach of contract or tort (including negligence) or under any statute or any other basis, in law or equity, and whether or not foreseeable by Cruisewatch or the Customer at the time of entering into the Agreement.

SUPPLIER CONTRACTS

The Customer acknowledges that Cruisewatch uses cruise lines and other travel suppliers which have their own contracts covering cancellation penalties, Supplier loyalty rewards programs and a wide range of other terms and conditions, and that the Customer will or may be bound by those contracts regardless of whether the Customer receives notice of their terms.

Prices of cruises and other travel services may change at any time before purchase or while a travel reservation is under deposit. Prices are only guaranteed once the purchase has been completed and the tickets have been issued. The cruise lines and other travel suppliers may change their prices without notice. Cruisewatch reserves the right to cancel a booking if full payment is not received in a timely fashion.

In addition, Cruisewatch expressly reserves the right to correct any pricing errors on the Website and/or reservations made under an incorrect price. In such event, if available, Cruisewatch will offer the Customer the opportunity to keep the reservation at the correct price or Cruisewatch will cancel the reservation without penalty.

Cruisewatch sells travel as an independent agent through CruiseDirect which is a licensed Seller of Travel in California, Florida and Washington.

RESERVATION INFORMATION AND IDENTIFICATION DOCUMENTATION REQUIREMENTS

When making a travel reservation with Cruisewatch the Customer agrees to:

  1. provide accurate, current and complete information about the Customer and any other person on whose behalf the Customer is making a booking (hereinafter referred to as “Booking Data“);
  2. maintain and promptly update Cruisewatch as to any changes to the Booking Data, and any other information provided to Cruisewatch, in order to keep it accurate, current and complete; and 
  3. accept all risk of unauthorized access to any information the Customer provides to Cruisewatch, (including, but not limited to Booking Data). 

Cruisewatch may need to request documented proof of identity in order to make certain changes to Booking Data, such as changes to name or birth date.

Cruisewatch is not obliged to retain a record of traveller’s account or any Booking Data or other information that the Customer may have stored by means of a client file for the Customer’s use of the Services, but may decide to do so at its own discretion as business decisions may warrant.

The Customer is only authorized to create and use one account with Cruisewatch and the account must be in the proper legal name of the Customer and the persons for whom the Customer is reserving tickets, as the Customer is prohibited from using alter egos or other disguised identities when using the Services. All cruise tickets and other travel documents will be issued in the name(s) of the passenger(s) listed in the Booking Data and once issued may not be available for a name change.

ACCESSIBILTY

Cruisewatch has no special knowledge regarding the suitability of any cruise accommodation or travel arrangement for persons with disabilities or special needs. If the Customer or travel companions have special needs, the Customer must contact each relevant cruise line well in advance of travel to verify that the cruise line is equipped to respond to any need for special assistance. Cruisewatch gives no guarantees as to the cruise line's ability to meet a request for special assistance.

CANCELLATIONS

The Customer is advised that all cruise line bookings are subject to cancellation penalties. It is the Customer’s responsibility to obtain the details regarding cancellation penalties before booking. The details of cancellation penalties are not available at on the Website. The Customer should call or email one of Cruisewatch’s customer service representatives to determine the details regarding cancellation penalties for the proposed booking.

CHARGEBACKS AND PAYMENT SECURITY

To the extent that the Customer provide Cruisewatch with credit card(s) information for the payment of the initial or second instalment service fees or for any other fees or reimbursements, Cruisewatch will be authorized to charge that credit card(s) for any unpaid charges set forth on an invoice, statement or notice provided to the Customer. If the Customer agrees to use a multiple-payment plan to make payments to Cruisewatch, Cruisewatch will be authorized to make all charges at the time they are due and not require separate authorization in order to do so. The Customer agrees to refrain from initiating any chargebacks on the Customer’s credit card for any amount paid to Cruisewatch or cancel the credit card that is provided as security for future payments without Cruisewatch's prior written consent. The Customer is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. The Customer agrees not to change any of the credit card information provided to Cruisewatch without notifying Cruisewatch in advance.

Payment for third parties such as hotels and tour operators may occasionally be made and/or required by a credit card. Any third party fees will be minimized as much as possible but are at the sole discretion and responsibility of the said third party. Payment terms are subject to the terms of the individual property, rate or supplier.

THIRD PARTY PAYMENT PROCESSSING SERVICES

The payment processing services used by Cruisewatch to make or accept payments are provided by a third party payment processor on behalf of Cruisewatch from time to time, currently Stripe Payments Australia Pty Ltd (“Stripe”). Any payments made via a third party payment processor will be subject to that entity’s terms and conditions, and in the case of Stripe, the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By availing himself or herself of the Services, the Customer agrees to be bound by the Stripe Services Agreement (or other terms and conditions of the relevant third party payment processor as notified to the Customer from time to time), as the same may be modified by Stripe from time to time. As a condition of Cruisewatch enabling payment processing services through Stripe (or other third party payment processor), the Customer agrees to provide to Cruisewatch accurate and complete information about the Customer and others for whom the Customer is seeking to use the Services. The Customer authorises Cruisewatch to share such information and transaction information related to the Customer’s use of the payment processing services provided by Stripe (or other third party payment processor). The Customer will be fully liable for any losses that arise as a result of any false, inaccurate or misleading information provided to Cruisewatch.

FORCE MAJEURE

Cruisewatch cannot accept any liability or pay any compensation where the performance or prompt performance of its contractual obligations is prevented by reasons of circumstances amounting to “force majeure”.

For the purposes of these Terms, “Force majeure” means any event which Cruisewatch or the Supplier of the service (s) in question could not, even with all due care, foresee or avoid. Such events are likely to include war or threat of war, riots, civil strike, terrorist activity, industrial action, disease, natural or nuclear disaster, Act of God, fire, adverse weather conditions, closure of airports or ports, governmental action and all similar events.

REASONS FOR CANCELLATION IN RELATION TO INSURANCE

Certain restrictions apply and insurance coverage is the Customer’s responsibility to purchase. To file a claim the Customer must contact the insurance company directly or depending on the Customer’s membership tier, contact Cruisewatch to file the claim on the Customer’s behalf.

CHOICE OF LAW, FORUM, AND SEVERABILITY

This Agreement is governed by and must be interpreted according to the laws of the State of New South Wales, Australia and is deemed to have been made in Sydney and any cause of action is deemed to have arisen there.

The Customer irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts and tribunals of New South Wales and any courts which have jurisdiction to hear appeals from those courts and tribunals in connection with any proceedings concerning or arising from this Agreement and/or the performance of the Services, and waives any right to object to proceedings being brought in those courts and tribunals for any reason

SEVERABILITY AND SUCCESSORS AND ASSIGNS

If any provision of this Agreement will be unenforceable or invalid under any applicable law, such unenforceability or invalidity will not render the agreement unenforceable or invalid as a whole. Such unenforceable provision will be replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the original provision. This Agreement will inure to the benefit of, and be binding on, the Customer and Cruisewatch and the Customer’s respective heirs, legal and personal representatives, successors and assigns.

AMENDMENT

These Terms may not be amended, altered or modified, except in writing by an authorized representative of Cruisewatch. Cruisewatch reserves the right to update and/or alter these Terms at any time. It is the Customer’s responsibility to be familiar with these Terms. The most up-to-date version of these Terms can be found on the Website.

CONTRACT CONSTRUCTION

No provision of this Agreement must be construed against or in favour of a party merely because of who drafted it.

FINAL AGREEMENT

This Agreement is the final, complete and exclusive statement of the parties’ agreement on the matters contained in this Agreement. It supersedes all previous discussions, negotiations and agreements. By electronically signing this Agreement, the Customer acknowledge that the Customer has read these Terms, and is signing it freely. The Customer acknowledges and agrees that this is a legally binding contract. No other representations concerning the legal effect of this document have been made to the Customer. The Customer’s signature applies to all pages of this Agreement and indicates the Customer’s acceptance of all provisions and policies stated herein.



These Terms are current and effective as of 18 December 2019 and may be amended by Cruisewatch from time to time.