Effective 10 October 2025

AP Vessel Management Pty Ltd
ABN 45 086 439 198
Trading as OzSail Skippered Charter Yachts (“OzSail”)
OzSail operates the vessels Spank Me, Avatar, and Matador (collectively referred to as the “OzSail Vessels”).

These Terms and Conditions apply to all passengers who travel aboard OzSail Vessels and form part of your legally binding contract with OzSail upon booking.

1. Pricing

1. All prices are in Australian dollars (AUD) and include Goods and Services Tax (GST).

2. Prices are valid from 1 April 2020 unless otherwise stated.

3. Booking fees charged by FareHarbor or other third-party platforms are not collected by OzSail and are deemed third-party charges.

2. Trip Conditions

1. All OzSail Vessel departures, itineraries, and activities are subject to weather conditions and may be altered or cancelled at OzSail’s discretion.

2. OzSail reserves the right to substitute vessels at any time without prior notice.

3. OzSail reserves the right to cancel or shorten a trip in circumstances where guest, vessel, or crew safety may be at risk (including but not limited to adverse weather events, cyclones, or mechanical issues).

4. If OzSail cancels a trip prior to or on the scheduled departure date, passengers will be referred back to their booking agent for assistance with alternative arrangements or refunds.

5. If a trip is shortened due to unforeseen circumstances, OzSail may offer a replacement or future trip at no additional cost, subject to availability and the reduced duration of the original trip.

6. “Unforeseen Circumstances” include, but are not limited to, inclement weather, mechanical breakdowns, and medical emergencies involving guests or crew.

3. Cancellation and Transfer Policy

For bookings made on or after 10 October 2025:

1. Cancellations made within 10 days of the scheduled departure will result in forfeiture of the full trip cost.

2. Transfers to another departure date may be requested up to 72 hours prior to departure and will incur a $30 transfer fee.

3. No transfers, open-dated changes, or date adjustments will be accepted within 72 hours of the scheduled departure.

For bookings made before 10 October 2025:

1. A 21-day cancellation policy applies. Cancellations made within 21 days of the scheduled departure will result in forfeiture of the full trip cost.

2. Transfers may be requested up to 72 hours prior to departure, subject to the same $30 transfer fee.

OzSail strongly recommends that all guests obtain comprehensive travel insurance covering cancellations, medical emergencies, and weather-related disruptions.

4. Risk Acknowledgement

1. Guests acknowledge that travel with OzSail and participation in its recreational services (including sailing, swimming, snorkelling, and bushwalking) involve inherent risks.

2. These risks may include, but are not limited to, injuries, stings or bites from jellyfish or other marine life, and encounters with native fauna.

3. Guests are advised to wear protective stinger suits while in the water and to follow all safety instructions provided by the crew at all times.

5. Limitation of Liability

1. While OzSail takes every reasonable precaution to ensure passenger safety, guests travel and participate in all activities at their own risk.

2. To the maximum extent permitted by law, OzSail, its directors, employees, and agents are not liable for any personal injury, illness, aggravation of pre-existing conditions, mental injury, disease, loss (direct or indirect), or death arising from or in connection with its recreational services, including but not limited to jellyfish stings or marine incidents.

3. Where the Australian Consumer Law (ACL) under the Competition and Consumer Act 2010 (Cth) applies, OzSail’s liability is limited in accordance with:

   • Section 64A of the ACL, and

   • Section 139A of the Competition and Consumer Act 2010 (Cth),
     including in cases involving death, physical or mental injury, or disease arising from the supply of recreational services.

6. Jurisdiction

1. This agreement is governed by the laws of Queensland, Australia.

2. Any disputes or claims arising under these Terms and Conditions will be subject to the exclusive jurisdiction of the courts of Queensland.

3. If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision will be severed, and the remainder will continue to be valid and enforceable to the fullest extent permitted by law.

OzSail Skippered Charter Yachts
AP Vessel Management Pty Ltd ABN 45 086 439 198
Updated October 2025