These General Terms and Conditions (“Terms”) govern the relationship between Cape Adieu Harbour Cruises & Safaris Pty Ltd (“Cape Adieu,” “we,” “us,” “our”) and all guests and users (“you,” “your”) who book, participate in, or engage with our services, including cruises, private charters, fishing charters, safaris, events and related activities (together, the “Services”). By making a booking or using our Services, you agree to be bound by these Terms.

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1. Bookings and Payment

1.1 All bookings are subject to availability and are confirmed once full payment (or any required deposit) has been received.
1.2 Payment can be made via our website, by phone, through approved booking partners, or in person.
1.3 All prices are listed in Australian Dollars (AUD).
1.4 We reserve the right to update pricing, schedules and availability at any time without notice. Changes will not affect bookings that have already been confirmed and paid.
1.5 For group bookings, private charters, fishing charters and multi-day safaris, additional terms (including deposit requirements and different cancellation terms) may apply. These will be advised at the time of booking and form part of these Terms.

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2. Cancellations, Changes and Refunds

2.1 Guest Cancellations – Standard Cruises and Shared Charters (including Cape Adieu dinner and sunset cruises)
(a) Cancellations made more than 7 days before the scheduled departure: eligible for a full refund.
(b) Cancellations made between 48 hours and 7 days before departure: 50% of the booking value is refundable.
(c) Cancellations made within 48 hours of departure, or failure to attend (no-show): no refund is payable.

2.2 Guest Cancellations – Private Charters and Fishing Charters (day trips)
For private vessel hire and exclusive fishing charters (day trips only), unless otherwise specified in your booking confirmation:
(a) Cancellations made more than 14 days before departure: full refund of any amounts paid.
(b) Cancellations made between 7 and 14 days before departure: 50% of the booking value is refundable.
(c) Cancellations made within 7 days of departure, or failure to attend: no refund is payable.

2.3 Guest Cancellations – Multi-Day Safaris
(a) Due to the significant planning and mobilisation involved, including crew rostering, fuel loading, permits and provisioning, multi-day safaris require a minimum of 6 weeks’ notice for any refund.
(b) Cancellations made 6 weeks or more before the scheduled safari departure are eligible for a 50% refund of amounts paid, or otherwise agreed in writing at our sole discretion.
(c) Cancellations made within 6 weeks of the scheduled safari departure are non-refundable unless otherwise agreed in writing at our sole discretion.

2.4 Cancellations or Changes by Cape Adieu
2.4.1 We may cancel, shorten or vary a trip at any time due to:
– Weather and sea conditions
– Mechanical or technical issues
– Safety concerns
– Minimum numbers not met
– Government directions, permits or closures
– Any other reason reasonably beyond our control

2.4.2 For standard cruises and day fishing charters: if we cancel before departure and cannot offer a suitable alternative date or product, you may receive a full refund of the amount paid to Cape Adieu for that trip. 

2.4.3 For multi-day safaris:
(a) If we must cancel more than 7 days before the scheduled safari departure and cannot offer a suitable alternative, you may receive a full refund of amounts paid to Cape Adieu for that safari.
(b) If we must cancel a safari due to weather or safety reasons within 7 days of the scheduled departure, we may refund up to 50% of the total safari cost. The remaining 50% is retained to cover costs already incurred in mobilising crew, loading and storing fuel, purchasing food and stores, and other non-recoverable expenses.

2.4.4 If we shorten, delay or vary a trip after departure for safety or operational reasons, and a substantial part of the experience has been delivered, no refund is payable.

2.4.5 We are not responsible for any incidental costs you incur (e.g. flights, accommodation, transfers, parking, meals or insurance) as a result of a cancellation or change.

2.5 Travel Insurance
We strongly recommend that you purchase comprehensive travel insurance to cover unforeseen events such as illness, travel delays, missed connections, extreme weather, or other circumstances that may impact your ability to travel or complete the charter or safari.

 

3. Departure, Check-In, Times and Locations

3.1 Unless otherwise advised, our cruise vessel 'Cape Adieu' departs from Dock 3 at the far end of Stokes Hill Wharf, Darwin (behind Crustaceans restaurant).
3.2 Check-in for our scheduled sunset and dinner cruises generally commences at 5:00 pm. Please refer to your booking confirmation for exact times, and arrive on time before departure. We are unable to wait for late arrivals and no refunds apply for missed departures.
3.3 Fishing charters and safaris depart from various locations determined by tides, weather and operational requirements. These locations may include Stokes Hill Wharf, Dinah Beach, Cullen Bay, or other suitable launching points.
3.4 Departure times and locations for fishing charters may be changed at short notice to take advantage of tides and to ensure safety and comfort. We will use reasonable efforts to notify you of any changes via the contact details you provide.
3.5 It is your responsibility to check your booking confirmation and any pre-departure communication from us to ensure you arrive at the correct location and time.

 

4. Health, Fitness, Safety and Conduct

4.1 Fit for Travel
4.1.1 By making a booking, you warrant that you and all members of your party are fit to travel, able to participate in the activities booked, and do not have any condition that could be affected by being at sea, in remote locations, or on a moving vessel.
4.1.2 Our trips may involve:
– Movement on a rocking or pitching vessel
– Steep or narrow stairways and steps
– Slippery decks and uneven surfaces
– Extended periods standing or sitting
– Exposure to heat, humidity, sun, wind, spray and rain
4.1.3 A medium level of fitness and mobility is required for most fishing charters and safaris. You must be able to embark and disembark the vessel, move around the deck unaided, and safely operate fishing equipment.
4.1.4 Our smaller fishing vessels and tenders are not suitable for guests with significant mobility issues, back or neck injuries, serious heart conditions, recent surgery, or late-term pregnancy. If you are unsure, please discuss your situation with us before booking. We are not medical professionals and cannot assess your fitness to travel.

4.2 Seasickness
4.2.1 Sea conditions can be variable and may at times be rough. If you are prone to motion sickness, you are strongly advised to consult your doctor prior to travel and bring any recommended medication with you.
4.2.2 Seasickness is not grounds for a refund or partial refund. If you choose to discontinue participation due to seasickness or discomfort, no refund will be provided.

4.3 Sun Protection and Weather
4.3.1 The Top End sun can be intense. We strongly recommend that all guests bring and use:
– Broad-brimmed hat
– SPF 50+ sunscreen
– Sunglasses
– Lightweight long-sleeved clothing
– Appropriate footwear
4.3.2 Please bring a light jacket or spray jacket, as conditions can change and you may be exposed to wind or rain.

4.4 Safety at Sea and Crew Instructions
4.4.1 The skipper and crew are responsible for the safe operation of each vessel. You must follow all safety instructions given by the skipper or crew at all times.
4.4.2 This includes, but is not limited to:
– Remaining seated or holding onto handrails while the vessel is underway
– Wearing lifejackets or other safety equipment when instructed
– Not leaning over rails or standing on seats or gunwales
– Only entering or exiting the vessel when instructed
– Following all instructions in emergency drills or actual emergencies
4.4.3 We reserve the right, at our absolute discretion, to refuse boarding or remove any guest whose behaviour is unsafe, disruptive, offensive, or impaired by alcohol or drugs, without refund.

 

5. Alcohol, Drugs and Smoking

5.1 Alcohol
5.1.1 Our cruise vessel 'Cape Adieu' is a licensed venue, and alcohol may be purchased on board. BYO alcohol is not permitted on Our cruise vessel 'Cape Adieu' unless expressly agreed in writing for a specific private charter.
5.1.2 On our fishing vessels, BYO alcohol is generally permitted at the skipper’s discretion, provided it is consumed responsibly and in accordance with Northern Territory laws. We may limit the amount and type of alcohol brought on board, and may prohibit alcohol consumption entirely where safety requires it (for example, during certain fishing activities or conditions).
5.1.3 Responsible drinking is required at all times. The skipper and crew may refuse service of alcohol, require any guest to cease drinking, sit out of activities, or disembark at the nearest safe location (at their own cost) if intoxication presents a safety risk.

5.2 Drugs and Medication
5.2.1 The possession, use or distribution of illegal drugs is strictly prohibited on all Cape Adieu vessels and associated activities.
5.2.2 Medicinal cannabis and other prescription medications must not be smoked, vaped or otherwise consumed in a manner that creates smoke or vapour on board, and must not impair your ability to follow safety instructions, move safely around the vessel, or participate in activities.
5.2.3 If we believe you are impaired by drugs or medication and pose a risk to yourself or others, we may refuse boarding or remove you from the trip without refund.

5.3 Smoking and Vaping
5.3.1 All Cape Adieu vessels and tenders are non-smoking and non-vaping. This includes e-cigarettes and all other smoking devices.
5.3.2 Smoking or vaping of any substance (including tobacco and medicinal cannabis) is not permitted anywhere on the vessel.

 

6. Toilets and Onboard Facilities (Fishing Vessels)

6.1 Cape Adieu is equipped with toilet facilities. However, our smaller fishing vessels and tenders may not have onboard toilets or enclosed private bathroom facilities.
6.2 Day fishing charters can involve 8–10 hours at sea without returning to shore. If you are booked on a vessel without an onboard toilet, you must be comfortable with basic, low-privacy arrangements.
6.3 Please ensure you are prepared for this before booking. If you are unsure which vessel you will be on, please contact us for more information.

 

7. Weather and Conditions

7.1 We operate in a tropical and often remote marine environment. Trips will generally proceed in light rain, moderate wind, and typical seasonal conditions.
7.2 The skipper has absolute discretion to decide whether conditions are safe for departure, for fishing, or for continuing a trip.
7.3 Where sea state, storms, strong winds, extreme heat, lightning, visibility or other factors create a safety concern, we may:
– Delay departure
– Alter the route or fishing area
– Shorten the trip
– Return to port early
– Cancel the trip entirely
7.4 Any such decision is made for your safety and that of the vessel and crew.

 

8. Fishing-Specific Terms

8.1 All fishing activities will be conducted in accordance with Northern Territory fisheries laws, marine park rules and any relevant permits. Guests must comply with all size, bag and possession limits and any directions from the skipper.
8.2 We do not guarantee that you will catch fish, a particular species, or a specific size or quantity. Fishing success can vary due to conditions beyond our control.
8.3 The skipper has discretion over:
– Which areas are fished
– Which methods are used
– Whether fishing continues or stops due to fatigue, safety, or changing conditions
8.4 Your catch may be cleaned and filleted at the skipper’s discretion and subject to time, conditions and bag limits. Some species may be catch-and-release only.
8.5 Guests must use rods, hooks and other equipment as instructed and must not cast or handle gear in a way that could injure themselves or others.

 

9. Children

9.1 Children are welcome on many of our cruises. Some fishing charters and safaris may have minimum age requirements due to safety or comfort considerations. These will be advised at the time of booking.
9.2 Children must be accompanied and supervised by a responsible adult at all times and must follow all crew instructions.
9.3 For safety reasons, children may be required to wear lifejackets at all times on certain vessels or activities.

 

10. Third-Party and Partner Operators (Including Overflow Charters)

10.1 From time to time, Cape Adieu may engage other licensed charter operators to deliver part or all of your experience (for example, where we have overflow bookings, where another operator is better placed to deliver a particular trip, or where substitution is required due to operational issues).
10.2 In these cases, we may:
– Transfer your booking to the partner operator; or
– Act as an agent and pass your details and payment on to the partner operator,
in which case you may be entering into a separate contract with that operator.
10.3 Where a third-party operator delivers your trip:
– Their own terms and conditions, safety procedures and insurances will apply; and
– They are responsible for the operation of their vessel, crew, safety management and delivery of the charter.
10.4 To the fullest extent permitted by law, Cape Adieu’s liability in connection with services provided by a third-party operator is limited to the amount we have received from you in respect of that booking. We are not responsible for any act or omission of a third-party operator, its employees or agents.

 

11. Liability and Risk

11.1 You acknowledge that marine and fishing activities carry inherent risks, including but not limited to movement of the vessel, slippery or wet surfaces, trip and fall hazards, hooks and fishing gear, and exposure to the elements.
11.2 Cape Adieu takes all reasonable measures to manage these risks and ensure your safety. However, by participating in our Services, you accept that you participate at your own risk and you are responsible for your own actions and for following safety instructions.
11.3 To the extent permitted by law, Cape Adieu is not liable for:
– Personal injury or death
– Loss of, or damage to, personal property
– Indirect or consequential loss
except to the extent caused by our negligence or failure to provide our Services with due care and skill.
11.4 Nothing in these Terms excludes, restricts or modifies any rights you may have under the Australian Consumer Law that cannot legally be excluded. Where our liability cannot be excluded but can be limited, we limit it (at our option) to supplying the Services again, or paying the cost of having the Services supplied again.
11.5 You are responsible for your own belongings. We recommend that valuables are kept to a minimum and secured at all times.

 

12. Alcohol and BYO (Cruise Vessel Cape Adieu)

12.1 Our cruise vessel 'Cape Adieu' is fully licensed and provides a selection of alcoholic and non-alcoholic beverages for purchase on board. BYO alcohol is not permitted on our cruise vessel 'Cape Adieu' unless explicitly agreed in writing for a particular private charter.
12.2 Where a specific private charter on Cape Adieu is approved as BYO by prior written agreement, corkage or special conditions may apply and will be confirmed at the time of booking.

 

13. Photography and Media

13.1 Guests are welcome to take photos and videos for personal use, provided they respect the privacy and comfort of other guests and crew.
13.2 From time to time, our crew may take photos or video for promotional purposes. By participating in our trips, you consent to the use of your image in our marketing materials, social media and website. If you do not wish to appear in such materials, please notify us in advance or speak to the crew on the day.

 

14. Changes to Services

14.1 We reserve the right to make reasonable changes to our schedules, itineraries, menus, vessels or services where necessary.
14.2 Where a significant change is made before departure (for example, a change of vessel or substantial change of itinerary), we will notify you as soon as practicable and offer options such as rebooking or a refund if the alternative is not suitable.

 

15. Privacy and Data Protection

15.1 We take your privacy seriously and are committed to protecting your personal information. Our Privacy Policy explains how we collect, use and safeguard your information when you visit our website or use our Services.
15.2 By making a booking or subscribing to our mailing list, you consent to receiving booking communications and, where you opt in, marketing communications. You may unsubscribe from marketing at any time using the link provided in our emails or by contacting us.

 

16. Force Majeure

16.1 We are not liable for any failure or delay in performing our obligations where the failure or delay results from events beyond our reasonable control, including but not limited to extreme weather, natural disasters, fire, flood, war, pandemic, government restrictions, industrial disputes or mechanical breakdowns beyond our control.

 

17. Governing Law

17.1 These Terms are governed by the laws of the Northern Territory of Australia.
17.2 Any disputes arising in connection with these Terms or our Services shall be subject to the exclusive jurisdiction of the courts of the Northern Territory and the Commonwealth of Australia, as applicable.