Conditions of Carriage

The below document is a web-friendly version of our Conditions of Carriage.
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1. Terminology

2. How we interpret terms used in these Conditions of Carriage

2.1 In these Conditions of Carriage:

• A reference to a convention, protocol, statute, statutory provision or any other legislation includes all delegated legislation made under it and includes all amendments, consolidations, replacements or re-enactments of any of them, from time to time.
• A reference to times or timings referred to in the sailing schedules, other notices or literature produced by us are expressed in local time, unless otherwise stated.

3. Subject to applicable laws

3.1 These Conditions of Carriage do not apply to the extent that they are inconsistent with laws that apply to your Carriage. For example, the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) provides consumers with a number of consumer guarantees that cannot be excluded or limited. They are designed to ensure our Services are provided with due care and skill and are reasonably fit for the Voyage. These Conditions of Carriage are therefore subject to, and will not apply to the extent that they limit or exclude, such consumer guarantees applicable to consumers.

4. Service conditions

4.1 We are not a common carrier and do not contract as such.

4.2 We may subcontract the performance of the whole or any part of the Services without seeking your consent. These Conditions of Carriage apply in connection with that subcontract.

4.3 All departure, arrival and journey times and the identity of Vessels shown on any Ticket, advertisement or
notices are estimates only and cannot be guaranteed. We may change sailing schedules, routes and Vessels,
including accommodation type booked on vessel, without notice, for any reason, and without incurring any
liability whatsoever to any Passenger for any Loss suffered or incurred by that Passenger.

4.4 If for any reason (as determined by the Master, whose opinion is final) the Vessel is:

• Prevented from reaching the named port of destination; or
• Cannot safely enter or lie in any port, harbour, or roadstead or pass any usual port of call en route.

Passengers for such ports will be landed at the next practicable port of call with their Baggage and any
accompanying Vehicle. We are not liable to Passengers for any Loss they may suffer or incur in respect to the exercise by us of our rights under this clause.

5. Ticketing

5.1 Group bookings

If a single Ticket is issued to a person in relation to a number of Passengers travelling in a group,
the person to whom the Ticket is issued will be held to have contracted with us as agent for and on behalf
of all the Passengers in the group travelling on that Ticket. All such Passengers will be deemed to have
entered into, and be bound by, the Contract.

5.2 Fares

The following fares apply to Passengers:

5.3 Payment

• We accept payment for fares by major credit card, debit card or PayTo. Card payment fees apply.
• We also accept Spirit of Tasmania Gift Vouchers. See https://www.spiritoftasmania.com.au/terms-and-conditions/gift-vouchers for applicable terms and conditions.
• If we do not receive payment of your Fare by the applicable date or time, we may cancel your booking without notice. The due date for payment depends on the booking method:
  • Online, phone or in-person terminal bookings: payment due at time of booking;
  • Group bookings: deposit and full payment due by advised dates;
  • Personal cheque: booking must be made in person and cheque received at booking, no later than 21 days before sailing;
  • Invoices must be paid in accordance with invoice terms.
• You acknowledge that:
  • The amount payable is the amount shown in your Booking Itinerary; and
  • We may revise Fares at any time without notice. No refund applies if revised Fares are lower.

5.4 Booking fee

• A booking fee applies for bookings made via the Customer Contact Centre or in person at the terminal.
• The booking fee will be communicated at the time of booking.

5.5 Check-in

Passengers should obtain the latest sailing information from timetable or sailing schedules, or by contacting our Customer Contact Centre or visiting a terminal.

• Check-in closes 45 minutes before scheduled departure. Passengers with specific needs must check-in at least 2 hours prior.
• Late arrival may result in refusal to board and forfeiture of Ticket without refund.
• Passengers must present Ticket, identification and any required permits.
• Passengers may be required to answer health-related questions to comply with Public Health Requirements.
• Passengers may be required to undertake body temperature testing.

5.6 Cancelling your booking

• Subject to clause 5.6(f), cancellation charges may apply if you cancel before departure.
  Charges are a percentage of the Fare paid.

5.7 Amending your booking

• Bookings may be amended subject to availability.
• Amendment fees may apply.
• Fare differences must be paid or refunded (less fees) where applicable.
• You must amend your booking if information provided is incorrect.

5.8 Ticket validity

• Your Ticket is valid for 12 months from the forward journey date.
• Your Ticket is transferable only before departure and prior to check-in.

5.9 Identification

• We may inspect and record identification at any time.
• We may refuse carriage if identification is not provided.
• Pension Fare holders must present a valid concession card.

5.10 Incorrect information

You may be required to amend your booking if incorrect or inaccurate information is provided, including:

• Vehicle type, height or length;
• Passenger details or numbers; or
• Any other required booking information.

Failure to amend incorrect information may result in refusal of carriage.

6. Passenger requirements

6.1 Smoking

You must not smoke on board the Vessel or in terminals except in designated smoking areas.

6.2 Follow TT-Line Instructions

You must follow and carry out all lawful directions, rules, regulations, notices or instructions given by us or
our representatives on any matter, at all times, including but not limited to:

• The personal health, wellbeing and safety of yourself, the crew and other Passengers and ensuring compliance with any applicable Public Health Requirements and/or border entry conditions (which may include a requirement to present a valid border entry permit/pass prior boarding, wear a mask on the Vessel, to stay in your cabin for the duration of the Voyage, change your accommodation type, and/or cancel or amend your booking to another suitable Voyage); and
• The safe handling of your Vehicle, Baggage (including Dangerous Items), animals or other property.

6.3 Safety

• You must take all reasonable precautions for your own safety and the safety of any person in your care, at all times, including but not limited to:
  • Using hand and guard rails as provided;
  • Appropriately controlling children and ensuring that children are accompanied by a responsible adult; and
  • Paying attention to any safety briefing given by us.
• You will inevitably encounter obstacles on the Vessel and in the terminal, including, but not limited to,
  heavy watertight internal doors, uneven surfaces, high thresholds, low ceilings and entrances, steep staircases or escalators, and wet surface conditions on deck. You must exercise caution when moving around the Vessel and terminal, particularly in conditions of inclement, rough or heavy weather.
• You must conduct yourself in a manner that complies with our instructions and will not cause annoyance or potential or actual injury to yourself, the crew or other Passengers. If you do not conduct yourself in this manner, we may restrain you or confine you to a cabin or other controlled area, land you at any port or place or otherwise deal with you as we reasonably see fit.

6.4 Attire

You must meet the following minimum dress standards in any public areas on board the Vessel and in the terminals:

• Footwear must be worn at all times;
• Suitable clothing that covers your lower half must be worn – for example, shorts, a skirt or pants/trousers;
• Bare chests are not permitted at any time; and
• Clothing that displays offensive language or symbols must not be worn.

If you do not meet the minimum dress requirements then you may be refused travel, or confined to your cabin or other controlled area or otherwise dealt with as we reasonably see fit, until you are suitably dressed.

6.5 Refusal of Carriage and Denied Boarding

• We have a zero tolerance of abusive or threatening behaviour against our representatives, agents and Passengers.
• You must read and comply with the obligations in Special Condition E as attached.

6.6 Alcohol

• Passengers are permitted to carry alcohol on board Spirit of Tasmania; however, the consumption of any such alcohol on board the Vessel is strictly prohibited.
• You are only permitted to drink alcohol that is supplied by us.
• You agree that we may deal with any such alcohol, whether open or closed, as we reasonably see fit.
• If you are travelling in a Vehicle, you must leave any alcohol you are carrying in your Vehicle. If you are
  travelling without a Vehicle, you are required to check in any alcohol you are carrying, which will be
  returned upon disembarkation.

6.7 Occupation of beds, recliners and general seating areas

• You must not occupy a bed or recliner on the Vessel without our prior allotment of the bed or recliner to you, as per your Ticket.
• You must only sleep in your allotted bed or recliner, as per your Ticket.
• You must not sleep or lie on the floor.
• Lying down in public areas, including the Lounges and the floor, is not permitted.

6.8 Onboard purchases

The Vessels are cashless onboard. For onboard purchases, we accept major credit and debit cards. The exception to this is the Tourism Hub, which also accepts cash in addition to card payments.

6.9 Food allergies

Kitchens onboard our Vessels contain multiple allergens and foods which may cause an intolerance or allergic reaction.

Our team will make every effort to accommodate dietary requirements. However, due to the shared production and serving environment, we cannot guarantee the complete omission of such allergens or foods which may cause an intolerance or allergic reaction. Please inform our team on board if you have a food allergy or intolerance.

7. Pregnancy

7.1 Women who are up to 36 weeks pregnant at the time of sailing may travel on the Vessel.

7.2 Women who are between 36 and 38 weeks pregnant at the time of sailing may only sail with written approval from their doctor.

7.3 Women who are 38 weeks pregnant or more at the time of sailing are not permitted to sail.

7.4 It is the responsibility of all pregnant Passengers to advise TT-Line of their condition and to adhere to
these restrictions.

8. Passengers with specific needs

8.1 If you have specific needs, please notify us at the time of booking and during check-in so that we can assist you. Reminder: If you have specific needs, you must check-in at least 2 hours before the scheduled departure time (clause 5.5).

8.2 For Passengers travelling without a Vehicle and utilising a device such as a wheelchair, gopher, scooter,
crutches, or a walker to aid in mobility, you are required to board and exit the Vessel via our People Mover.
You must notify us at the time of booking and check-in and you must check-in at least 2 hours before the
scheduled departure time.

8.3 Passengers travelling with a device such as a wheelchair, gopher, scooter or walking aid should be aware that the maximum width of corridors in the cabin accommodation area is 900mm, vehicle deck entryways are 890mm and lift ramps are 800mm wide (lifts open to 980mm wide). If your device exceeds these measurements, it is likely you will not be able to utilise the device onboard.

8.5 Assistance animals used to assist a person to overcome the effects of a diagnosed disability may travel on board – see Special Condition B attached and
Specific needs or accessibility requirements for further information on your obligations regarding Assistance animals.

8.6 Passengers wishing to use a C-PAP machine or nebuliser onboard are requested to purchase a private cabin.

8.7 Requirement to travel with a carer

Passengers requiring help and support with any of the following activities or circumstances are required to
travel with a carer:

• Purchasing food or drinks
• Eating and drinking
• Using the bathroom
• Administering medication or operating medical equipment
• Boarding and disembarkation
• Carry-on baggage and equipment

Carers are required to be self-reliant and able to assist the Passenger with all activities. Carers meeting the
following criteria are eligible for a Pension Fare:

• The adult person they care for must be a recipient and holder of an Australian Pensioner Concession Card
• The carer must travel on the same booking with the pensioner they care for
• A carer is entitled to the Pension Fare provided they are not a professional carer
• A carer travelling with a TPI Pensioner Card holder is entitled to the discount

Availability and eligibility for a Pension Fare refer to our Terms and Conditions – Pensioner Eligibility.

9. Medical issues

9.1 A doctor is not available on the Vessel and all Passengers should consult their doctor before travelling. There is a medical attendant on board who is available to provide assistance in an emergency situation.

9.2 We may refuse to carry you if we, acting reasonably, are not completely satisfied that it is safe for you or other Passengers if you travel. Before you travel you must tell us if you suffer from any illness, disease or other condition which may make it unsafe for you or other Passengers if you travel.

9.3 Any Passenger who travels with a pre-diagnosed medical condition does so at his or her own risk and we accept no responsibility or liability to Passengers for any Loss they suffer or incur arising out of or in
connection with that Passenger’s medical condition.

9.4 You must take any belongings (including medication) that you require during the Voyage from your Vehicle before the commencement of the Voyage.

9.5 You are required to make yourself known to shore staff or a member of the crew of the Vessel if you are
feeling unwell in the lead up to or during your Voyage. If this occurs, we may:

• Require additional information from you to ensure the health and safety of staff and other Passengers and in accordance with Public Health Requirements or Legislative Requirements; and
• Request that you undertake body temperature testing, wear a mask at all times on the Vessel and/or stay in your cabin for the duration of the Voyage.

10. Children

Infants and children under 16 years of age (0–15 years old, inclusive) must be accompanied by an adult.

11. Baggage and other goods (excluding Dangerous Items)

11.1 In the interests of safety and comfort, a Baggage allowance of one piece of carry-on Baggage per Passenger measuring 66cm x 46.5cm x 27.5cm plus a handbag or laptop is permitted in the designated Passenger accommodation. All other Baggage must be checked in or stored in your Vehicle.

11.2 You are responsible for carrying and moving your own Baggage on and off the Vessel and for its safety on
board. Any unattended Baggage on board and within the terminal may be treated as a security risk and dealt
with accordingly.

11.3 You warrant to us absolutely that no Dangerous Items (unless expressly permitted by us) shall be shipped or carried by you on the Voyage (refer to clause 13 for Dangerous Items). You must indemnify us on demand for any Loss that we suffer as a result of your breach of this warranty.

12. Abandoned Baggage and other property

We may donate to charity, surrender to police, sell and retain the sale proceeds or otherwise dispose of (at
our discretion) any Baggage or other property left on the Vessel, in a terminal, or otherwise left in our
possession, custody or control for a period of more than 7 days after your disembarkation.

13. Dangerous Items

13.1 We are not obliged to carry or otherwise handle Dangerous Items, including, but not limited to,
Dangerous Goods, Weapons, Firearms, ammunition, petrol and fuel, LPG/propane cylinders, or any other item that we reasonably believe to be dangerous in nature.

13.2 Passengers who intend to sail with Dangerous Items require our permission to do so and must read and comply with the obligations in Special Condition C as attached.

14. Vehicles

14.1 If you intend to travel with a Private Vehicle, you must read and comply with the obligations in Special
Condition D as attached.

14.2 If you intend to sail with a Commercial Vehicle – that is, any Vehicle that does not meet the definition
of a Private Vehicle – please contact us to make a Freight enquiry.

14.3 Passengers who intend to take Dangerous Items on or in their Vehicles (including petrol, fuel and
LPG/propane cylinders) must read and comply with the obligations in Special Condition C as attached.

15. Tasmanian biosecurity conditions

15.1 You acknowledge and agree that:

• Your Vehicle, Baggage, animals and any other accompanied property are subject to biosecurity inspection. Biosecurity inspections will take place in Geelong prior to boarding and may take place in Devonport upon arrival;
• Commercially processed food ready for human consumption is permitted to enter Tasmania. All other plant material and some animal products are prohibited;
• Boats and fishing gear must be clean and dry;
• Vehicles must be free from visible signs of soil and mud;
• All dogs entering Tasmania are subject to biosecurity entry conditions and must be treated for Hydatid Tape Worm within 14 days prior to entering Tasmania (documentary proof of treatment such as a receipt or vet’s prescription must be presented during inspections); and
• Severe Penalties may be imposed by Biosecurity Tasmania for non-compliance.

15.2 For a full list of Tasmanian biosecurity requirements, please visit Biosecurity Tasmania or call 1300 368 550.

16. Animals

16.1 If you intend to sail with an animal (including an Assistance animal) then you must read and comply with the obligations in Special Condition B as attached.

17. Inspections and searches

17.1 You must comply with all security directions given by us.

17.2 We may conduct a physical search or inspection of any Passenger (including minors), Vehicle, Baggage, animal or any other property.

17.3 If you refuse to submit yourself, your accompanied minor, your Baggage, Vehicle, animal, supporting documentation (e.g. licences, permits, etc.) or any other accompanied property to a search or inspection when asked, then we may:

• Refuse to carry you, your accompanied minor, your Baggage, Vehicle, animal, or any other accompanied property; and/or
• Remove you, your accompanied minor, your Baggage, Vehicle, animal, or any other accompanied property from the Vessel, confine you to a cabin or other controlled area, or otherwise direct you in such a manner as we reasonably see fit.

17.4 We will not be liable to Passengers for any Loss suffered or incurred in connection with a Passenger refusing to be Security Screened.

18. Liability and risk

18.1 With the exception of Consumer Guarantees, we exclude:

• Any term, condition or warranty that may otherwise be implied in this Contract;
• Any liability for Loss, death or personal injury incurred as a result of or in connection with our negligence;
• Any liability for Consequential Loss;
• All Excluded Recreational Liabilities arising out of the supply of Recreational Services (except for liability for significant personal injury caused by Reckless Conduct by us or our representatives);
• Any liability for Loss in connection with any Private Vehicle which we are permitted to exclude under Articles 4, 4A and 4B of Schedule 1A of the Carriage of Goods by Sea Act 1991 (Cth).

• Liability to Passengers for Loss suffered or incurred by them as a result of or in connection with:

(i) The Carriage of Dangerous Items;

• The death or injury of an animal (including an Assistance animal);
• A delay or deviation of the Voyage;
• The Loss or damage of your valuables;
• Any Loss related to damage to Vehicles not otherwise excluded in clauses 18.1(a) to (e) and not arising from or caused by any negligent act or omission by us or our representatives.

18.2 Liability for Consumer Guarantees

(a) Subject to clause 18.1, our liability to you in respect of any breach of or failure to comply with any Consumer Guarantee is limited to the following:

(i) In the case of goods, to:

• The replacement of the goods or the supply of equivalent goods;
• The repair of the goods;
• The payment of the cost of replacing the goods or of acquiring equivalent goods; or
• The payment of the cost of having the goods repaired.

(ii) In the case of Services, to:

• The supplying of the Services again; or
• The payment of the cost of having the Services supplied again.

18.3 Exception to limitation

Our liability in respect of a breach of or a failure to comply with a Consumer Guarantee will not be limited in the way set out in clause 18.2 if:

• The goods or Services supplied are goods or Services of a kind ordinarily acquired for personal, domestic or household use or consumption;
• It is not fair or reasonable for us to rely on such limitation; or
• The relevant Consumer Guarantee is a guarantee pursuant to clauses 51, 52 or 53 of the Australian Consumer Law.

(which are not otherwise excluded under these Conditions of Carriage) shall be limited to, at our option, either resupplying the Services to you again or paying you the cost of having the Services supplied again.

• In the event we are liable for claims in respect of Loss of life or personal injury occurring on board or in direct connection with the operation of the Vessel, our liability for such claims is limited to the amounts set out in the Limitation of Liability for Maritime Claims Act 1989 (Cth).

18.6 Warning under the Consumer Acts: Our Voyages operate on busy waterways and are subject to the risks and perils of the sea.

18.7 You acknowledge that:

• There are risks and dangers involved with your participation in the Activities; and
• The Activities are potentially dangerous and can result in serious injury or death.

NOTE: The change to your rights does not apply if your death or injury is due to Reckless Conduct on our part.

19. Indemnity

19.1 You must indemnify us, on demand, for any Loss suffered or incurred by us arising out of or in connection with your negligence, breach of law, breach of this Contract, or any animal in your control.

19.2 If we deem that you require medical attention or an ambulance, you must indemnify us for any related expenses.

20. General average – merchandise

20.1 General average is to be adjusted according to the York Antwerp Rules 2004.

20.2 Such security as we deem sufficient may be required before delivery of any cargo.

21. Force majeure

21.1 Severe weather or sea conditions may lead to the cancellation or delay of Services. We will endeavour to advise Passengers of any cancellation, but do not accept any liability to Passengers for any Loss they suffer or incur for cancelled or delayed Services.

21.2 We are not in breach of the Contract and do not incur any liability for any Loss suffered or incurred by any Passenger if the breach (including a breach which relates to non-performance, part performance, deviation, or delay in the performance of the Services) is caused by a force majeure event. The following (non-exhaustive) list of events are force majeure events:

• Acts of God, natural and other disasters, explosion, flood, fire, lightning, severe weather or sea conditions, storms, winds, ice, surf, perils of the seas, rivers and navigation, general average incident or accident, response to a distress signal, man overboard or any other rescue response or activity;
• War, hostilities (whether declared or not), invasion, acts of foreign enemies, terrorism;
• Disease, epidemic or pandemic;
• Quarantine restrictions or entry or exit restrictions across borders;
• Rebellion, revolution, insurrection, terrorist activity, military or usurped power or civil war;
• Riot, civil commotion or disorder;
• Acts, restrictions, regulations, by-laws, refusals to grant any licences or permissions, prohibitions, or measures of any kind on the part of any governmental authority;
• Strikes, lockouts or other industrial actions or trade disputes of whatever nature;
• Seizure, arrest or forfeiture under legal process;
• Port congestion or closure, docking delays, breakdown of machinery or any Vessel, unavailability or breakdown of loading/unloading facilities;
• Search, detention or removal of any stowaway and/or illegal immigrant and/or other unauthorised person; or
• Any other event of whatsoever nature not within our reasonable control.

21.3 If a force majeure event occurs, we may at any time before or after the Carriage commences:

• Cancel, abandon or suspend the Carriage; or
• Alter, vary or depart from the proposed or advertised or agreed or customary route; or
• Delay or detain any Vessel so affected; or
• Disembark, trans-Vessel, forward or land any Passenger, Luggage, Baggage, Vehicle, animal or other property, at any port or place.

21.4 If the Vessel is prevented from reaching its named port of destination by a cause wholly or partly out of our control (such as a force majeure event or when for any cause whatsoever (Master’s opinion of which shall be final) the Vessel cannot safely enter or lie in any bar, harbour, or roadstead or passes any usual port of call enroute, Passengers for such ports with their Baggage and any accompanying Vehicle may be landed at the next practicable port of call and upon such landing our liability under the Contract comes to an end.

21.5 You release us from and hold us harmless against any liability for Loss that you may suffer or incur as a result of any action we take under clause 21.

21.6 If a force majeure event occurs (as defined above in clause 21.2) which you are unable to reasonably avoid, and the force majeure event prevents you from being able to travel on the Vessel, you may contact us at any time prior to the scheduled departure time to seek a refund or a credit voucher in accordance with clause 5.6(f).

22. Severability

If, at any time, any clause or part of a clause is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid or unenforceable in any respect, that shall not affect or impair the legality, validity or enforceability of any other clause or the remaining part of that clause.

23. Waiver

23.1 Any failure or delay by TT-Line in exercising any right, power or remedy under these Conditions of Carriage shall not in any circumstances impair such right, power or remedy nor operate as a waiver of it. The single or partial exercise by TT-Line of any right, power or remedy shall not in any circumstances preclude any other or further exercise of it or the exercise of any other right, power or remedy.

23.2 Any waiver by TT-Line of a breach of, or default under, these Conditions of Carriage shall not be deemed a waiver of any subsequent breach or default.

24. Law and jurisdiction

The Contract between TT-Line and the Passenger and any Claim or dispute arising between the parties shall be governed by Australian law and shall be determined by the courts in the following jurisdictions:

• The State of Tasmania; or
• Any other jurisdiction nominated by TT-Line in its absolute discretion.

25. Privacy

25.1 Passengers are required to seek consent of the TT-Line Representative before filming or photographing the Representative (as defined by clause 1 of these Conditions of Carriage).

25.2 TT-Line is committed to complying with the Personal Information Protection Act 2004 (Tas) (PIP Act) and the Australian Privacy Principles (APPs) set out in the Privacy Act 1988 (Cth) (the Privacy Act).

25.3 The TT-Line Privacy Policy is available at: spiritoftasmania.com.au/terms-and-conditions/privacy-policy.

25.4 If you have any queries or concerns about the way Spirit of Tasmania handles your personal information after reading the TT-Line Privacy Policy, or if you become aware of a potential breach of privacy, please email: privacy@spiritoftasmania.com.au.