PART 1: CRUISE TERMS AND CONDITIONS

These terms apply to all publicly bookable cruise services and group bookings operated by the Company, including scheduled cruises, functions, and events conducted on Company vessels.

1. Definitions

In these Terms and Conditions, unless the context otherwise requires:

• Company means Sea West WA Pty Ltd/ Quay Ventures Pty Ltd, ABN 13613959676, trading as Mandurah Cruises, Rottnest Cruises, and any related corporation providing goods or services to the Customer, and any person acting with the authority of the Company.
• Customer means any person or persons who book, purchase, or use Services from the Company, including any person travelling on behalf of a booking.
• Services means any cruise, function, event, charter, boat hire or activity provided by the Company.
• Departure Date means the date originally booked at the time of reservation, prior to any reschedule agreed by the Company in writing.
• ACL means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
• GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
• Force Majeure Event means an event or circumstance beyond the reasonable control of the Company, including but not limited to natural disaster, declared public health emergency, Government-imposed movement restriction or venue closure, strike or industrial action not involving the Company’s own workforce, act of terrorism, or act of war. A Force Majeure Event does not include personal circumstances of the Customer such as illness, change of plans, or financial hardship.
• Booking Agent means any third party through whom the Customer has made a booking for Services, including online travel agents, booking platforms, and corporate group organisers.

2. Acceptance of Terms

By completing a booking, the Customer acknowledges that they have read and agree to be bound by these Terms. Where a booking is made on behalf of a group, the person making the booking agrees to these Terms on behalf of all members of the group and is responsible for communicating these Terms to them.

Where a Customer has booked through a Booking Agent, the Booking Agent acts as agent of the Customer and not of the Company. These Terms govern the Customer’s booking regardless of any representation, description, or cancellation policy communicated by the Booking Agent. The Company is not bound by any statement or representation made by a Booking Agent that is inconsistent with these Terms. Refunds and credits are issued to the Customer or Booking Agent in accordance with these Terms only.

3. Australian Consumer Law: Non-Excludable Rights

Nothing in these Terms excludes, restricts, or modifies any right or guarantee that cannot lawfully be excluded under the ACL.

4. Limitation of Liability

Subject to clause 3 and to the extent permitted by law:

• The Company’s liability to the Customer for any loss, damage, injury, or death is limited to the amount paid by the Customer for the relevant Services, or the cost of re-supplying those Services, at the Company’s election.
• The Company is not liable for any indirect, consequential, or economic loss arising from any act or omission in connection with the Services.
• Where the Company’s personnel are not negligent, the Company does not accept liability for injury to or death of a passenger arising during boarding, disembarking, or transit on the vessel or its jetties or in any other way participating in its Services.
• The Company does not accept liability for loss or damage to personal belongings brought aboard any vessel or left at departure points. While personal belongings may be brought onshore if found, the Customer must organise their collection from the Company’s premises.

For the avoidance of doubt, these limitations do not apply to liability arising from the Company’s gross negligence or wilful misconduct.

5. Inherent Risk Acknowledgement

WARNING: RECREATIONAL ACTIVITY RISK

Sea West WA Pty Ltd warns you that participation in cruise and marine hire activities involves inherent risks of physical harm. Those risks include, without limitation: motion and instability of the vessel in response to weather and water conditions; falls during boarding, disembarking, or movement on the vessel; adverse or rapidly changing weather; exposure to sun, wind, and water; contact with marine wildlife; and, in the case of walking tours or swimming activities conducted as part of the Services, the risks of uneven terrain, surf, and open-water conditions. By proceeding with your booking and boarding a vessel, you acknowledge having received this warning before engaging in the activity. The Company is not required to establish that you received or understood this warning.

Customers with a severe food allergy, anaphylactic condition, or any other dietary medical condition that may be triggered by allergen exposure are directed to contact the Company before booking to discuss whether the relevant Service is suitable. The Company cannot guarantee an allergen-free preparation or service environment. The Customer is responsible for carrying any prescribed emergency medication (including an adrenaline auto-injector) at all times during the Service. Company crew are not trained medical responders and cannot administer medication.

This acknowledgement does not limit any rights the Customer has under the ACL or applicable maritime safety legislation.

5A. Accessibility and Special Requirements

The Company is committed to providing services consistent with the Disability Discrimination Act 1992 (Cth). Customers with a mobility limitation, disability, or any special access requirement are invited to contact the Company before making a booking to discuss whether the relevant Service and vessel are suitable and what reasonable adjustments the Company is able to make.

The Company will make reasonable adjustments where operationally and safely possible. Some vessels have physical constraints that may limit access. The Company will advise the Customer of any such constraints before the booking is confirmed.

Where a mobility limitation or disability prevents safe boarding at the time of departure:

• If the Customer disclosed the limitation before booking and the Company confirmed the Service as suitable, the Customer will be offered a full refund.
• If the Customer did not disclose the limitation before booking, and the Company was not otherwise aware of it, the Customer will be offered a full credit towards a suitable alternative Service. No refund is available.

6. Schedule, Pricing, and Vessel Changes

The Company reserves the right to:

• Alter published departure times and schedules at any time.
• Substitute one vessel for another of comparable standard.
• Adjust prices for future bookings, provided that confirmed bookings are not subject to price increases after the time of booking.

7. Passenger Conduct and Right to Refuse Service

The Company operates under a Safety Management System regulated by the Australian Maritime Safety Authority (AMSA) in accordance with the Marine Safety (Domestic Commercial Vessel) National Law. Crew safety directions given under that system have the force of maritime law. Compliance is mandatory and non-negotiable.

The Company may refuse to board, or remove from the vessel, any Customer who:

• Appears to be intoxicated or impaired by drugs.
• Is behaving in an abusive, threatening, or disruptive manner toward staff, contractors, or other passengers.
• Fails to comply with any direction given by the Company’s personnel.
• Must be excluded from, or removed from, the vessel in order to comply with the Company’s obligations under the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (Cth) and the Marine Safety (Domestic Commercial Vessel National Law Application) Act 2023 (WA), including requirements relating to passenger numbers, vessel stability, and crew safety directions.

Where a Customer is refused boarding or removed for any of these reasons, no refund will be provided. The Company may also report the matter to relevant authorities where required by law or where a criminal offence may have occurred.

8. Minors

All persons under 18 years of age (minors) must be accompanied by a responsible adult aged 18 or over. The accompanying adult is responsible for supervising all minors in their care throughout the Service, including during boarding and disembarking. It is the adult’s responsibility to ensure that minors comply with all safety instructions.

PART 2: BOOKING, PAYMENT, AND CANCELLATION

9. Booking and Payment: Publicly Bookable Services

Full payment is required at the time of booking to secure a reservation for any publicly bookable Service. A reservation for which payment has not been received in full is tentative only and may be cancelled or amended by the Company at its discretion without notice.

All prices are in Australian dollars (AUD) and are inclusive of GST.

10. Cancellation and Amendment by Customer: Publicly Bookable Services

The Company recognises that circumstances change. The following cancellation policy applies from the initially booked departure dates. This means that should a cruise be deferred to accommodate a Customer, the Departure Date shall be taken as the initially booked Departure Date for the purposes of this clause. Any credit card or payment processing fees incurred by the Company will be deducted from any refund, regardless of when the cancellation is made.

Cancellation more than 14 days before Departure Date

Full refund of the ticket price, less any card processing fee.

Cancellation 14 days to 72 hours before Departure Date

50% of the ticket price will be refunded, less any card processing fee.

Cancellation less than 72 hours before Departure Date, or non-attendance

No refund. 100% of the ticket price is forfeited.

The Company may, at its discretion, endeavour to defer the Customer’s booking. The Company is under no obligation to agree to any deferral. Refunds apply as they relate to the initially booked dates, not any deferred dates.

Where the Company agrees to defer a booking with less than 72 hours’ notice and catering has been prepared, the applicable catering cost for that departure plus an administration fee of $10 will be charged in addition to any other applicable amount.

11. Cancellation by Customer: Christmas Lights Services

Christmas Lights Services means any Service marketed as a Christmas Lights cruise. Full payment is required at the time of booking.

If the Customer cancels a Christmas Lights booking or does not attend, no refund is available. On request, the Company will try to move the booking to another Christmas Lights departure, subject to availability. Because Christmas Lights departures have limited capacity, this cannot be guaranteed.

This clause does not affect the Customer’s rights under clause 12 (Government restrictions) or clause 16 (cancellation by the Company).

12. Cancellation by Customer owing to Force Majeure / Government Travel Restrictions

Where a Customer is unable to attend a Service due to a Government-imposed movement restriction, or other Force Majeure Events, the Customer will receive a credit valid for 36 months applicable to any Service. The Customer is responsible for ensuring compliance with all applicable entry requirements before booking.

For the avoidance of doubt, personal circumstances of the Customer, including illness, injury, change of travel plans, or financial hardship do not constitute a Force Majeure Event. Standard cancellation terms under clause 10 apply in those circumstances.

13. Private Hire and Group Bookings: Deposits and Payment

Where the Company agrees to accept a deposit for a private hire or large group booking, the following terms apply:

• A non-refundable deposit of 20% of the agreed rate is payable at the time of booking. The deposit may be converted to a credit at the Company’s discretion.
• Non-refundable means the deposit is forfeited in the circumstances described in this clause and clause 14. It does not affect any right the Customer may have under the ACL that cannot lawfully be excluded.
• Full payment is due 30 days prior to the Departure Date, unless otherwise agreed in writing.
• If full payment is not received by the agreed date, the Company may cancel the booking and retain the deposit.
• For privately booked Christmas Lights Services, full non-refundable payment must be received by 1 November in the relevant year.

14. Cancellation by Customer: Private Hire and Functions

Any cancellation of a private hire must be submitted in writing to the Company. The following charges apply:

• Cancellation notice received more than 30 days before the Departure Date: the deposit is forfeited. No further amount is payable.
• Cancellation notice received 14 to 30 days before the Departure Date: 50% of the agreed rate is payable by the Customer.
• Cancellation notice received less than 14 days before the Departure Date: 100% of the agreed rate is payable by the Customer.

15. Group Discounts

Where a group discount has been applied to a booking and the confirmed passenger number falls below the minimum number required to qualify for that discount, the Company reserves the right to increase the price to the rate applicable to the actual number of passengers travelling. The Company will notify the Customer of any such repricing as soon as practicable after the change in passenger numbers is confirmed.

16. Cancellation by the Company

Where the Company cancels a Service due to inclement weather, unsafe conditions, or circumstances beyond the Company’s reasonable control, the Customer will be offered either a full refund or an alternative date, at the Customer’s election.

The Company will communicate any cancellation to affected Customers as soon as practicable and will provide the Customer with the option of a refund or alternative date within 2 working days of the cancellation notification. If no election is made by the Customer within 14 days of notification, a credit of equivalent value valid for 36 months will be applied.

Where a cancellation results from Government restrictions which force the Company to stop operating, such as a lockdown, the Customer will be offered a reschedule or a credit of equivalent value valid for 36 months.

The Company is not liable for any loss, cost, or inconvenience incurred by a Customer as a result of a Company cancellation, including travel or accommodation costs.

PART 3: ADDITIONAL SERVICES AND POLICIES

17. Companion Card

Companion Card holders and their companions are accepted on the Dolphin Cruise and Views service only. This discount is funded at the Company’s discretion. Where food or beverage is included in the cruise fare, the companion is required to pay for those components. Companion Cards are not accepted on any other Service.

18. Photography and Marketing

The Company’s photographers and videographers may be present during Services and may capture images or footage used in marketing and promotional materials. The Customer consents to this by participating in the Service. Any Customer who does not wish to be photographed should notify Company staff prior to departure and the Company will make reasonable efforts to accommodate that request.

19. Privacy

The Company collects and handles personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Personal information collected during the booking process is used for the following purposes:

• Processing and managing bookings and payments.
• Providing the booked Services and related communications.
• Marketing and promotional communications (with the Customer’s consent where required by law).
• Statistical analysis and service improvement.
• Debt collection where required.

Credit card details are handled by the Company’s payment processor and are not retained by the Company in readable form. The Company’s full Privacy Policy is set out in Part 5 of these Terms and may be updated from time to time.

19A. Complaints and Dispute Resolution

The Company takes customer complaints seriously and is committed to resolving them promptly. The following procedure applies before a dispute is escalated to any external body or court.

Step 1: Written Notice: The Customer must notify the Company in writing of any complaint arising from a Service within 30 days of the relevant Departure Date. Notice must be sent to reservations@sea-west.com.au and must describe the nature of the complaint, the Service affected, and the remedy sought.

Step 2: Good Faith Resolution: Within 14 days of receiving a written complaint, the Company will respond in writing with its position and any offer of resolution. The Company and Customer agree to negotiate in good faith for a further 14 days.

Step 3: External Resolution: If the complaint is not resolved at Step 2, either party may refer the matter to Consumer Protection WA, the Australian Competition and Consumer Commission, or, in the case of maritime safety matters, the Australian Maritime Safety Authority. Nothing in this clause prevents a Customer from exercising any right under the ACL at any time.

Failure by the Customer to notify the Company under Step 1 within 30 days does not extinguish any ACL right, but the Company reserves the right to rely on that failure as a factor in any assessment of loss or remedy.

19B. General

These general terms apply to all Services, including boat hire.

These Terms are governed by the laws of Western Australia. The parties submit to the exclusive jurisdiction of the courts of Western Australia.

The Company is not in breach of these Terms where non-performance results from circumstances beyond its reasonable control, including adverse weather, mechanical failure not caused by negligence, or Government restrictions.

The Company may assign or sub-contract any part of its obligations under these Terms without the Customer’s consent. The Customer may not assign any right or obligation under these Terms.

A waiver by the Company of any right under these Terms must be in writing. Delay in exercising a right does not constitute waiver of that right.

If any provision of these Terms is unenforceable, it is severed and the remaining provisions continue in full force.

PART 4: BOAT HIRE

These terms apply to all boat hire provided by the Company. Clauses 1 to 8, 18, 19, 19A and 19B of Parts 1 to 3, and the Privacy Policy in Part 5, also apply to boat hire. In those clauses, “Customer” includes the Hirer and “Departure Date” means the start of the Hire Period.

20. Definitions: Hire Services

In this Part, unless the context requires otherwise:

• Hirer means the person or persons named in the Hire Agreement as the Hirer, and any person who signs or initials the agreement on behalf of a group.
• Nominated Skipper means the person registered as the skipper on the Hire Agreement, who must be at least 20 years of age and hold a current driver’s licence.
• Boat means the vessel hired under this agreement, including all equipment provided with it.
• Hire Period means the duration of the booking as confirmed at the time of reservation.
• Price means the hire fee agreed between the Company and the Hirer.
• Force Majeure Event and Company have the meanings given in clause 1 of Part 1 of these Terms.

21. Formation of Agreement

This agreement is formed when the Hirer completes and submits the Hire Agreement, pays the hire fee, and the Company confirms the booking. Where the Hirer constitutes more than one person, all Hirers are jointly and severally liable for all obligations under this agreement.

No variation to this agreement is effective unless made in writing and agreed by the Company. Company personnel are not authorised to vary this agreement verbally.

22. Hire Fees and Charges

The Hirer must pay the hire fee in full at the time of booking, through the Company’s online booking system.

The Company’s online payment system will retain the Hirer’s card details securely for the duration of the Hire Period to cover any applicable penalty charges. Card details will be destroyed in accordance with the payment provider’s security protocols once all amounts due have been resolved.

The following charges apply in addition to the hire fee:

• Departure from the designated operating area: $500 per incident.
• Late return of the Boat: $50 per 15-minute increment after the agreed return time.
• Cleaning fee where the Boat is returned in an unclean condition (food, drink, or rubbish not disposed of): $50.
• Damage to the Boat or equipment: $500 as a reasonable pre-estimate of repair costs. Actual invoices will be provided. Where costs are less than $500, the balance will be refunded.

All prices include GST. The Company’s current price list applies at the time of booking.

23. Condition of Boat: Inspection and Warranty

The Hirer must inspect the Boat upon collection and notify the Company immediately of any concern. Failure to raise any concern at the time of collection will be taken, in the absence of clear contrary evidence, as confirmation that the Boat was provided in satisfactory condition.

If a material defect arises during the Hire Period through no fault of the Hirer, and the Hirer has complied with all terms of this agreement and notified the Company as soon as practicable, the Company will at its election repair the Boat, provide a replacement, or refund the unexpired portion of the hire fee.

This warranty does not apply where:

• The Hirer has not followed the Company’s operating instructions.
• The Boat has been used other than for its intended purpose.
• Damage has been caused by wilful or reckless conduct by the Hirer or any passenger.
• The Hirer continued to use the Boat after a defect was identified or should reasonably have been identified.
• Unauthorised alterations have been made to the Boat.
• The defect arose from circumstances beyond the Company’s control.

24. Hirer’s Obligations

The Hirer acknowledges that they hire the Boat on the basis of their own assessment of its suitability and their own skill. The Hirer must:

• Ensure the Boat is operated only by the Nominated Skipper at all times.
• Present both the Hirer’s and Nominated Skipper’s current and valid driver’s licence before boarding.
• Ensure all passengers are informed of the risks of operating on water before boarding.
• Ensure the Boat is operated only within the designated area shown on the provided Marine Map.
• Ensure the Boat is used only during the operational hours advised by the Company.
• Ensure no passengers are added to or exchanged within the booking after boarding commences. The number of passengers must not exceed the seating capacity of the Boat booked (6 seater or 10 seater), and the passengers on board must match the booking. Breach of this condition will result in termination of the hire without refund.
• Not use the Boat for any commercial purpose without the Company’s prior written consent.
• Not sub-lease, sub-licence, or otherwise deal with the Boat.
• Not tow, push, or tie the Boat to another vessel without the Company’s prior written consent.
• Not remove, disassemble, or tamper with any component of the Boat, including motors or batteries.
• Comply with all applicable WA marine safety and licensing requirements.
• Be responsible for all regulatory fines or infringement notices issued to the Hirer or passengers during the Hire Period.

25. Life Jacket Requirements

It is a condition of hire that all persons on board are capable of floating unaided for a minimum of 30 minutes. Any person who is not confident of this ability, or who is under 10 years of age, must wear an appropriate lifejacket at all times while on board. The Hirer is responsible for ensuring compliance with this requirement.

26. Safe Operation

The Company will provide the Hirer with a safety briefing prior to departure covering:

• Safe handling and navigation of the Boat.
• Operation of the motor and battery system.
• Location and use of life-saving apparatus (life ring and lifejackets).
• Location and use of fire extinguishing equipment.
• Anchoring procedures.
• Operational boundaries (Marine Map).
• Summary of the vessel Safety Management System.

The Hirer and Nominated Skipper confirm by signing the Hire Agreement that they have understood the briefing. The Hirer acknowledges receipt of the Marine Map and agrees to operate the Boat only within those boundaries.

WARNING: RECREATIONAL ACTIVITY RISK

The Company warns you that the hire and operation of a vessel on the water involves inherent risks of physical harm. Those risks include, without limitation: capsizing or instability in adverse water conditions, falls on board or during boarding and disembarking, sun and heat exposure, electrocution risk from electrical systems if tampered with, collision with other vessels or structures, and the general risks of operating on open water. By proceeding with the hire and boarding the Boat, you acknowledge having received this warning before engaging in the activity. The Company is not required to establish that you received or understood this warning. This warning does not limit any rights you have under the ACL or applicable maritime safety legislation.

27. Conduct During Hire

The following requirements apply throughout the Hire Period:

• The Nominated Skipper must not operate the Boat with a blood alcohol concentration exceeding 0.05 g/100mL. The Company strongly recommends zero alcohol consumption by the Nominated Skipper.
• No person under the influence of illicit drugs may operate or be on board the Boat.
• Passengers must drink alcohol responsibly.
• Smoking and use of e-cigarettes or vaping devices is not permitted on the Boat.
• No fishing, crabbing, or swimming from the Boat.
• No pets or animals.
• No littering. Rubbish must be placed in bags provided. Food or rubbish must not be disposed of into the water.
• The Boat must not be operated outside the Marine Map area.

Breach of any conduct requirement may result in immediate termination of the hire, forfeiture of the hire fee, notification of relevant authorities, and the Hirer’s details being recorded as ineligible for future bookings.

28. Weather and Boat Breakdown

Both the Company and the Hirer share responsibility for monitoring weather conditions during the Hire Period. The Hirer must not operate the Boat in poor or unsafe weather conditions and must return to the departure point immediately if conditions deteriorate or are forecast to deteriorate.

In the event of a breakdown, the Hirer must notify the Company immediately. The Company will arrange assistance. The Company is not liable for any consequential loss arising from a breakdown or weather-related early return.

Where the Company cancels a hire booking for safety or weather reasons, clause 16 applies.

29. Damage and Loss

The Hirer is fully responsible for any loss of or damage to the Boat, equipment, motor, or fittings during the Hire Period, regardless of cause, except where clause 23 applies.

Any damage, theft, or incident must be reported to the Company immediately and to the relevant authorities where required. A Statutory Declaration must be provided within 48 hours of any incident where a regulatory report has been made.

30. Cancellation: Hire Bookings

The cancellation terms in clauses 10, 12 and 16 apply to hire bookings. Clauses 13 and 14 apply only where the Company has agreed in writing to a private or group hire on deposit terms.

31. Ownership and Security Interest

The Company retains full ownership and title in the Boat at all times. The Hirer acquires no property interest in the Boat.

The Hirer must not sub-lease, encumber, or otherwise deal with the Boat. Where the Personal Property Securities Act 2009 (Cth) applies, the Hirer consents to the Company registering a security interest and will take all steps required to perfect that interest.

If the Hirer fails to return the Boat, the Company may report the Boat as stolen to WA Police and may recover the Boat from any location, including premises occupied by the Hirer. The Hirer authorises entry for this purpose and is liable for all costs incurred in recovery.

32. Insurance

The Hirer is responsible for paying any insurance excess that the Company incurs as a result of a claim arising from the Hirer’s breach of this agreement.

The Company’s insurance does not cover:

• Loss of or damage to the Hirer’s or any passenger’s personal belongings.
• Loss or damage caused by the Hirer’s negligence or unlawful conduct.
• Damage resulting from overloading, misuse, or operating outside the designated area.
• Claims arising when the Boat is operated by a person other than the Nominated Skipper.
• Multiple claims arising from the same incident or event.

The Hirer remains liable for all loss regardless of whether insurance is available or applies.

33. Indemnity

To the extent permitted by law, the Hirer indemnifies the Company and its officers, employees, agents, and contractors against all claims, losses, and expenses (including legal costs on a full indemnity basis and debt collection costs) arising from:

• The Hirer’s breach of any term of this agreement.
• Any wilful or negligent act or omission by the Hirer or any passenger.
• Any damage to third-party property or injury to any person caused by the Hirer or any passenger during the Hire Period.

34. General Terms: Hire

The general terms in clause 19B apply to boat hire.

PART 5: PRIVACY POLICY

1. About us and this policy

Sea West WA Pty Ltd and Quay Ventures Pty Ltd (ABN 13 613 959 676) run Mandurah Cruises, Rottnest Cruises and BBQ Boats. In this policy, “Sea West”, “we”, “us” and “our” mean the Company, and “you” means the Customer or Hirer, as defined in clauses 1 and 20 of these Terms.

We care about your privacy and handle your personal information in line with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. This policy explains what we collect, why we collect it, who we share it with and how you can access or correct it.

It applies to our websites (including mandurahcruises.com.au, rottnestcruises.com and sea-west.com.au), our cruises and boat hire, and our dealings with you by phone, email and social media.

You can browse our websites without telling us who you are. To book or enquire, we will need some details from you.

2. What we collect and how

What we collect	How we collect it
Name, email, phone number and booking details	When you book online through our booking system (Rezdy), or book with our team by phone or email
Booking details passed on by travel sites	When you book through a third party such as Viator, GetYourGuide or Tripadvisor
Driver’s licence details of the Hirer and Nominated Skipper	When you hire a boat (see clause 24)
Payment details	Processed securely by our payment provider. We do not keep card details in readable form. For boat hire, our payment system holds your card details securely until any charges under clause 22 are settled.
Dietary requirements, allergies, mobility or access needs	When you tell us, so we can provide your Service safely
Name, email and your message	When you use our contact form or email us
Name and email	When you sign up to our newsletter
Images of you	CCTV on our vessels or premises, and photos or video taken on our cruises
How you use our websites	Cookies and tracking tools (see section 3)

Health and access information. Dietary requirements, allergies, mobility limitations and disability are health information under the Privacy Act. We only collect this with your consent, only use it to provide your Service safely (see clauses 5 and 5A), and only share it with the crew and chefs who need it.

Photos and video. Our photographers and videographers may take photos or video during our Services for use in our marketing (see clause 18). If you would rather not appear in them, please tell our staff before departure.

3. Cookies and tracking

Our websites use cookies and similar tools to understand how visitors use our sites, improve them and show you relevant ads. These tools may collect your IP address, device and browser type, the pages you visit and how you arrived at our site.

Tool	What it does
Google Analytics and Google Tag Manager	Measure website visits and how people use our site
Meta pixel (Facebook and Instagram)	Measure our ads and show our ads to people likely to be interested
TikTok pixel	Measure our ads and show our ads on TikTok
Google Reviews widget	Displays our Google reviews on our site

Your choices. You can block or delete cookies in your browser settings; some parts of our sites may not work as well if you do. You can also manage ad preferences in your Google, Facebook, Instagram and TikTok account settings, and opt out of Google Analytics with Google’s browser add-on.

4. How we use and share your information

We use your personal information to:

• take and manage your booking, and contact you about it
• keep you safe on board, including catering for dietary needs and allergies
• answer your enquiries
• send you news and offers, if appropriate
• improve our websites, cruises and service
• recover amounts you owe us, such as hire charges or damage costs
• keep a record of hirers who breach our hire terms, who may not be able to book with us again (see clause 27)
• meet our legal, safety and maritime obligations

We share it only where needed with:

• the businesses that help us run Sea West, such as our booking system, payment provider, email newsletter service and website host
• the travel site you booked through, if you booked with a third party
• our chefs and crew, for dietary and allergy needs
• our insurers, if there is an incident or claim
• police, government or emergency services, where the law requires or allows it

We never sell your personal information.

Sending information overseas. Some of the services we use store information outside Australia. This includes Google, Meta, TikTok and Mailchimp, which may store data in the United States and other countries.

5. Your choices and how to reach us

Marketing. We only send newsletters and offers if you have signed up or booked with us. Every email has an unsubscribe link, or you can ask us to remove you at any time.

Keeping it safe. We store your information with trusted providers, limit access to staff who need it and delete or de-identify it when we no longer need it.

Access and correction. You can ask to see the personal information we hold about you, or ask us to correct it. We will respond within 30 days. If we cannot give you access, we will explain why.

Questions or complaints. For questions or complaints about how we handle your personal information, please contact us first, and we will do our best to put things right:

• Email: reservations@sea-west.com.au
• Phone: 08 9581 1242
• Post: PO Box 1148, Mandurah WA 6210

We aim to respond within 30 days. If you are not happy with our response, you can contact the Office of the Australian Information Commissioner at oaic.gov.au or on 1300 363 992. Complaints about a cruise or boat hire itself are handled under clause 19A.

Changes to this policy. We may update this policy from time to time. The latest version will always be on our websites.

Last updated: October 2026

Sea West WA Pty Ltd  |  sea-west.com.au  |  ABN: 13 613 959 676