CONDITIONS OF CARRIAGE

Contracts of carriage are entered into with Vinaka Fiji and its parent company, South Sea Cruises Limited. Any tickets are issued subject to these terms and conditions, which the passenger by purchasing a Vinaka Fiji product acknowledges having read and understood, and agrees to be bound by them. Verbal promises and representations by booking agents or Vinaka Fiji/South Sea Cruises’ crew, staff, and agents will not be recognised by Vinaka Fiji if they are inconsistent with these terms and conditions.
 

1. South Sea Cruises reserves the right to alter prices, cancel departures, arrange alternative transport, and vary itineraries and services in any way whatsoever without any liability to a customer if deemed necessary by South Sea Cruises for any reason.

2. South Sea Cruises shall not be liable for any loss, damage, or injury that may arise or be alleged to arise directly or indirectly in the event of cancellation, alteration, variation, or abandonment of the service before or during the course thereof (should South Sea Cruises or any of its crew, staff or agents in their absolute discretion decide that such cancellation, abandonment, alteration or variation is necessary) or in the event of any deviation or delay in the service arising from any cause whatsoever. For the avoidance of doubt and without limiting the effect of this condition, in any such event, South Sea Cruises shall also not be liable in any way for the cost of any accommodation or for any alternative means of travel which may arise and additional expense so arising shall be the sole liability and responsibility of the customer.

3. South Sea Cruises may, without assuming any liability whatsoever to the customer, arrange for any other person to undertake the service contracted for or any part thereof (“performing carrier”), and the performing carrier and its crew, staff, or agents shall be entitled to the benefit of these terms and conditions to the same extent as South Sea Cruises and its crew, staff, and agents as if such person were a party to the contract.

4. For the avoidance of doubt and without limiting any other term or condition of carriage, all services are subject to weather and sea conditions.

5. South Sea Cruises is not a common carrier and reserves the right to refuse to carry any customer or goods without assigning reason, therefore.

6. Each full fare-paying customer is entitled to have not more than 25 kg of luggage carried free of charge. If loading is available then excess luggage will be carried at South Sea Cruises’ standard rates, and if loading is not available then South Sea Cruises may arrange to forward the excess at the passenger’s own risk and expense and by other means of transport specified by the customer.

7. The customer shall comply with the instructions of South Sea Cruises’ crew, staff, or agents concerning all matters connected with the service including but not limited to the personal safety of themselves, crew, or other customers, and shall comply with any notice exhibited on the vessel or any notice issued prior to boarding or issued digitally via email and/or social media.

8. Customers are required at all times to take all reasonable precautions for their own safety and the safety of any person in their care (particularly children). This includes (but is not limited to) using hand and guard rails at all times as provided around the vessel, appropriately restraining children and ensuring that children are accompanied by a responsible adult at all times, paying attention to the safety briefing given by crewmembers at the commencement of carriage from Port Denarau and being seated when advised or requested to do so by any of South Sea Cruises’ crew, staff or agents for any reason. Customers are advised and required to take particular care in conditions of inclement, rough, or heavy weather or as advised by South Sea Cruises’ crew, staff or agents.

9. The customer whilst on the vessel shall not consume any intoxicating beverage unless it has been sold or otherwise supplied to him on board by the crew, staff, or agents of South Sea Cruises. The customer will respect any refusal of alcohol to be sold or served onboard at any time, for any reason by the staff or crew.

10. The customer shall not take onto the vessel or include in his luggage any explosives, volatile spirits, corrosives, any easily ignitable articles, or offensive things likely to cause inconvenience to other customers or anything likely to endanger the vessel, other customers, or goods.

11. South Sea Cruises accepts no responsibility for loss or damage to luggage or personal effects or loss, damage or injury to the customer arising out of or in any way incidental or connected to the service or the accommodation of the customer or the transfer of any customer or luggage between the vessels and/or the vehicle and/ or any place of accommodation whether such loss, damage or injury may be due or alleged to be due wholly or partly to negligence or misconduct or fault on the part of South Sea Cruises, its crew, staff or agents.

12. South Sea Cruises shall not be liable for the loss of or damage to monies or other property or belongings whether such loss or damage may be due or alleged to be due wholly or partly to negligence or misconduct or fault on the part of South Sea Cruises, its crew, staff or agents or otherwise howsoever.

13. If an action is brought against a crew, staff, or agent of South Sea Cruises or a performing carrier arising out of damage covered by the contract with South Sea Cruises, such crew, staff, or agent, if he/she proves that he acted within the scope of his/her employment or agency, shall be entitled to avail himself/herself of the defences and exclusions of liability which South Sea Cruises or the performing carrier is entitled to invoke under the contract.

14. South Sea Cruises reserves the right, in the event of a booking being cancelled by the customer, to charge cancellation fees in accordance with South Sea Cruises’ current terms and conditions.

15. The contract is subject to and shall be construed in accordance with the laws of Fiji and the customer agrees to submit to the exclusive jurisdiction of the courts of that country.

16. If any term of the contract is found to be invalid or unenforceable, it shall be entirely severable from the remainder of the contract, and all other terms of the contract shall continue in full force and effect for all other purposes.

17. No term or condition of carriage other than those set out herein will be recognised. The contract may only be varied by agreement in writing between South Sea Cruises and the customer.

18. Any reference to South Sea Cruises is also in reference to Awesome Adventures Fiji, South Sea Sailing, Malamala Beach Club, Blue Lagoon Cruises, South Sea Cats, and Vinaka Fiji. Any reference to any of these brands including South Sea Cruises is all in reference to South Sea Cruises Pte Ltd, a registered company in Fiji.
    
    UPDATED 11 NOVEMBER 2024