Terms & Conditions
General Terms & Conditions
- All cruises are subject to weather and sufficient numbers.
- Prices and times are subject to change without notice.
- Full payment is required at time of booking for general daily cruises
- This ticket is available for use on the specified day and time when purchased.
- Minimum of 4 adult passengers are required in order for our cruises to operate.
- If we cancel the cruise, a full refund will be provided or you can re-book a cruise.
- A cancellation made less than 24 hours prior to departure incurs a 100% cancellation fee. NO REFUND.
- A “no show” on the day also attracts a 100% cancellation fee.All passengers must be ready at the point of departure (central wharf area near fish and chippery) within 15 minutes of the departure time.
- Smoking is strictly prohibited on based the vessel.
- Parking at the wharf during peak times may be limited. Please allow plenty of time for your cruise. Note the time limit on the council sign, to avoid fines.
- All passengers board and travel at their own risk. The skipper and the owners shall not be responsible for any injury to person or damage to personal property arising out of any cruise.
- Mooloolaba Canal Cruise reserves the right to refuse service to those who are believed to be affected by alcohol or drugs and no refund will be provided in such cases.
- Mooloolaba Canal Cruise has the right to refuse any passengers for any reason.
- The skipper is authorised to abort the cruise at any time due to behaviour which may result in damage or harm to the vessel M.V Mudjimba and/or any person/s on board, and also for any behaviour which the skipper deems inappropriate.
- Drugs are NOT permitted on the vessels or crafts at any time.
- Children aged 15 years and under must be accompanied by an adult.
- Children must be supervised AT ALL TIMES, by the responsible adult/s accompanying them on the cruise.
- The Skipper will advise that during the fish feeding at the end of the cruise, that passengers SHOULD NOT, put their fingers in the water as the fish WILL BITE! Any injuries sustained WILL NOT be the responsibility of “Mooloolaba Canal Cruise”.
- This cruise is BYO for food and drinks. BYO alcohol is to be consumed on board the vessel only and not within The Wharf complex.
- Please respectfully DO NOT place food on the seats.
- Since food is sold by a third party, the skipper and owners accept no responsibility for any problems/illnesses/allergies arising from the consumption food eaten on board.
- Seating is for sitting on, please DO NOT place your feet on the seats.
- The Tavern lunch deal is available only with a redeemable voucher that must be obtained from the skipper.
- If having the meal before your cruise, it is your responsibility to obtain your voucher from the skipper first. No reissue of meal voucher if lost or stolen.
- Pelicans and fish are all wild, therefore sightings are not guaranteed. No responsibility taken for their actions.
Website Terms & Conditions
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
License to use website
Unless otherwise stated, Mooloolaba Canal Cruise and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
redistribute material from this website except for content specifically and expressly made available for redistribution.
- You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
- You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Mooloolaba Canal Cruise’s express written consent.
- You must not use this website to transmit or send unsolicited commercial communications.
- You must not use this website for any purposes related to marketing without Mooloolaba Canal Cruise’s express written consent.
Access to certain areas of this website is restricted. Mooloolaba Canal Cruise reserves the right to restrict access to areas of this website, or indeed this entire website, at Mooloolaba Canal Cruise’s discretion.
If Mooloolaba Canal Cruise provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
This website is provided “as is” without any representations or warranties, express or implied. Mooloolaba Canal Cruise makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Mooloolaba Canal Cruise does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
Limitations of liability
Mooloolaba Canal Cruise will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- [to the extent that the website is provided free-of-charge, for any direct loss;]
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Mooloolaba Canal Cruise has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Mooloolaba Canal Cruise’s liability in respect of any:
- death or personal injury caused by Mooloolaba Canal Cruise’s negligence;
- fraud or fraudulent misrepresentation on the part of Mooloolaba Canal Cruise; or
- matter which it would be illegal or unlawful for Mooloolaba Canal Cruise to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
[You accept that, as a limited liability entity, Mooloolaba Canal Cruise has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Mooloolaba Canal Cruise’s officers or employees in respect of any losses you suffer in connection with the website.
You agree that the limitations of warranties and liability set out in this website disclaimer will protect Mooloolaba Canal Cruise’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Mooloolaba Canal Cruise.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Mooloolaba Canal Cruise and undertake to keep Mooloolaba Canal Cruise indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Mooloolaba Canal Cruise to a third party in settlement of a claim or dispute on the advice of Mooloolaba Canal Cruise’s legal advisers) incurred or suffered by Mooloolaba Canal Cruise arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].
Breaches of these terms and conditions
Without prejudice to Mooloolaba Canal Cruise’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Mooloolaba Canal Cruise may take such action as Mooloolaba Canal Cruise deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Mooloolaba Canal Cruise may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Mooloolaba Canal Cruise may transfer, sub-contract or otherwise deal with Mooloolaba Canal Cruise’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the entire agreement between you and Mooloolaba Canal Cruise in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with Australian Law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of Australia.