Conditions of Carriage
Riverside Marine Townsville Pty Ltd (ACN 010 961 690)
Effective 1 July 2026
1.Definitions and interpretation
1.1Definitions
In these conditions:
Animals means any domestic animal or pet owned or accompanied by you or in your possession, custody or control, but excluding livestock.
Baggage means any personal luggage you take on board the Vessel, subject to these Conditions of Carriage.
Carriage means the Carriage by sea of Passengers and their Baggage, Vehicles, Animals and other authorised property.
Company, we, us, our means Riverside Marine Townsville Pty Ltd ACN 010 961 690, its servants and agents, and any person or corporation with whom Riverside Marine Townsville Pty Ltd may have contracted or sub-contracted, and its servants or agents, including the owner of the Vessel.
Consequential Loss means Loss of or damage to revenue, income, business, profits, production, goodwill or credit, business reputation, future reputation or publicity, use, interest, credit rating, anticipated savings and/or opportunity whether direct, indirect or consequential; as well as Losses arising from claims by third parties and any other Loss, expense, damage or cost incurred by a party or any other person that is special, indirect or consequential.
Contract means the agreement between the Passenger and the Company for the provision of the Services constituted by these Conditions of Carriage (as amended from time to time), any conditions issued with the Ticket and any other terms and conditions agreed by the Company and the Passenger in writing in connection with the Services.
Dangerous Goods includes, all items listed as Dangerous Goods under the International Maritime Dangerous Goods Code – Australian Government including, compressed gases (flammable, non-flammable or poisonous — such as camping gas, butane, oxygen, propane, or aqualung cylinders); corrosives (such as acids, alkalines, wet cell batteries, mercury and apparatus containing mercury); explosives, munitions, fireworks and flares; flammable liquids and solids (such as lighter or heating fuels and articles easily ignited); radioactive materials; oxidising materials (such as bleaching powder and peroxides); poisons (such as arsenic, cyanides, insecticides and weed killers); infectious substances (such as bacteria and virus cultures); and other dangerous goods such as magnetised material, offensive or irritating materials, or anything likely to cause damage to the Vessel or inconvenience or injury to any person or thing on board it.
Fare means the fee paid to the Company for the Carriage performed or to be performed by the Company pursuant to these Conditions of Carriage.
Legislative Requirements means Acts, Ordinances, regulations, by-laws, orders, awards and proclamations of any relevant jurisdiction; or certificates, licences, consents, permits, approvals and requirements that we are subject to in any relevant jurisdiction.
Loss means any Losses, including Consequential Loss, liabilities, damages, costs, charges or expenses, including fines or penalties.
Motorbike/Scooter Vehicle means a registered motor vehicle that is designed for the Carriage of a maximum of two Passengers and any other two-wheeled vehicle.
Passenger means any person travelling on a Ticket who is carried or is to be carried on the Vessel.
Representative means, as to the Company, its managers, directors, officers, crew, staff, contractors, consultants, advisors, agents, and other representatives.
Services means the services offered by the Company under the Contract including but not limited to the Carriage outlined on a Ticket.
Standard Vehicle means a registered motor vehicle that is designed for the Carriage of Passengers – including but not limited to: a motor car, van, utility, four-wheel-drive, or station wagon; a motorhome or campervan; a towed boat, caravan or trailer containing personal effects.
Ticket means any document evidencing a Contract of Carriage with the Company, including a valid Booking Itinerary, e-Ticket, boarding voucher or pass which shows that the holder and/or any other person named therein is entitled to the Services.
Vehicle means a Standard Vehicle and/or Motorbike/Scooter Vehicle.
Vessel means any Vessel, ship or other craft used in connection with the Contract and includes any Vessel owned, chartered, hired, used, operated or managed by the Company.
Voyage means the whole of the Voyage performed or undertaken or to be undertaken under these Conditions of Carriage.
You, Your means the Passenger.
In these conditions: Animals means any domestic animal or pet owned or accompanied by you or in your possession, custody or control, but excluding livestock. Baggage means any personal luggage you take on board the Vessel, subject to these Conditions of Carriage. Carriage means the Carriage by sea of Passengers and their Baggage, Vehicles, Animals and other authorised property. Company, we, us, our means Riverside Marine Townsville Pty Ltd ACN 010 961 690, its servants and agents, and any person or corporation with whom Riverside Marine Townsville Pty Ltd may have contracted or sub-contracted, and its servants or agents, including the owner of the Vessel. Consequential Loss means Loss of or damage to revenue, income, business, profits, production, goodwill or credit, business reputation, future reputation or publicity, use, interest, credit rating, anticipated savings and/or opportunity whether direct, indirect or consequential; as well as Losses arising from claims by third parties and any other Loss, expense, damage or cost incurred by a party or any other person that is special, indirect or consequential. Contract means the agreement between the Passenger and the Company for the provision of the Services constituted by these Conditions of Carriage (as amended from time to time), any conditions issued with the Ticket and any other terms and conditions agreed by the Company and the Passenger in writing in connection with the Services. Dangerous Goods includes, all items listed as Dangerous Goods under the International Maritime Dangerous Goods Code – Australian Government including, compressed gases (flammable, non-flammable or poisonous — such as camping gas, butane, oxygen, propane, or aqualung cylinders); corrosives (such as acids, alkalines, wet cell batteries, mercury and apparatus containing mercury); explosives, munitions, fireworks and flares; flammable liquids and solids (such as lighter or heating fuels and articles easily ignited); radioactive materials; oxidising materials (such as bleaching powder and peroxides); poisons (such as arsenic, cyanides, insecticides and weed killers); infectious substances (such as bacteria and virus cultures); and other dangerous goods such as magnetised material, offensive or irritating materials, or anything likely to cause damage to the Vessel or inconvenience or injury to any person or thing on board it. Fare means the fee paid to the Company for the Carriage performed or to be performed by the Company pursuant to these Conditions of Carriage. Legislative Requirements means Acts, Ordinances, regulations, by-laws, orders, awards and proclamations of any relevant jurisdiction; or certificates, licences, consents, permits, approvals and requirements that we are subject to in any relevant jurisdiction. Loss means any Losses, including Consequential Loss, liabilities, damages, costs, charges or expenses, including fines or penalties. Motorbike/Scooter Vehicle means a registered motor vehicle that is designed for the Carriage of a maximum of two Passengers and any other two-wheeled vehicle. Passenger means any person travelling on a Ticket who is carried or is to be carried on the Vessel. Representative means, as to the Company, its managers, directors, officers, crew, staff, contractors, consultants, advisors, agents, and other representatives. Services means the services offered by the Company under the Contract including but not limited to the Carriage outlined on a Ticket. Standard Vehicle means a registered motor vehicle that is designed for the Carriage of Passengers – including but not limited to: a motor car, van, utility, four-wheel-drive, or station wagon; a motorhome or campervan; a towed boat, caravan or trailer containing personal effects. Ticket means any document evidencing a Contract of Carriage with the Company, including a valid Booking Itinerary, e-Ticket, boarding voucher or pass which shows that the holder and/or any other person named therein is entitled to the Services. Vehicle means a Standard Vehicle and/or Motorbike/Scooter Vehicle. Vessel means any Vessel, ship or other craft used in connection with the Contract and includes any Vessel owned, chartered, hired, used, operated or managed by the Company. Voyage means the whole of the Voyage performed or undertaken or to be undertaken under these Conditions of Carriage. You, Your means the Passenger.
1.2Interpretation
In these conditions headings are for convenience only and do not affect the interpretation of this Agreement and, unless the context otherwise requires:
(a)Words denoting a singular number include the plural number and vice versa;
(b)Words denoting a gender include all genders; and
(c)A reference to a statute, regulation, proclamation, ordinance or by law includes all statutes, regulations, proclamations, ordinances or by laws amending, consolidating or replacing it, and a reference to a statute includes all regulations, proclamations, ordinances and by laws issued under that statute.
1.3Applicable Laws and jurisdiction
(a)These Conditions of Carriage do not apply where they conflict with any laws governing your Carriage. For instance, the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)(ACL)) grants consumers certain non- excludable guarantees (Consumer Guarantees). These guarantees are intended to ensure that our Services are delivered with due care and skill and are reasonably suitable for the Voyage. Accordingly, these Conditions of Carriage are subject to those guarantees and will not apply to the extent that they seek to limit or exclude any consumer rights that cannot lawfully be restricted.
(b)These conditions shall be governed by and construed in accordance with the laws of Queensland.
(c)The parties to any proceedings arising from the Carriage of the Passenger and their Vehicle, Baggage or goods agree to submit to the non-exclusive jurisdiction of the Courts of Queensland.
2.Service Conditions
2.1The Company is not a common carrier and do not enter into contracts in that capacity;
2.2The Company may subcontract all or any part of the Services without obtaining your consent. These Conditions of Carriage will continue to apply to any such subcontracted services;
2.3All departure, arrival and journey times, as well as the identity of any Vessels shown on a Ticket, advertisement or notice, are estimates only and are not guaranteed. We may alter sailing schedules, routes, and Vessels, at any time without prior notice, for any reason. We will not be liable for any Loss suffered or incurred by a Passenger as a result of such changes.
3.Passenger requirements
3.1Identification
(a)The Company may request, inspect and record your identification documents at any time;
(b)We may refuse to carry you if you do not have the necessary identification documents.
3.2Instructions
The Passenger shall, whilst entering, remaining on, or leaving the Vessel:
(a)comply with all requirements of the Company;
(b)comply with all requirements of the Master of the Vessel;
(c)comply with all Legislative Requirements;
(d)comply with the reasonable directions of the crew of the Vessel, including any directions given during boarding, whilst underway, or upon disembarkation;
(e)report any problems or incidents involving Loss or damage to the Master of the Vessel immediately upon becoming aware of such problems or incidents, and in any event prior to alighting from the Vessel.
3.3Refusal of Carriage and Denied Boarding
(a)The Company has zero tolerance of abusive or threatening behaviour against our representatives, agents, and other Passengers.
(b)The Company may deny boarding and refuse Carriage to a Passenger that engages in any unacceptable behaviour.
3.4Consumption of Alcohol
Passengers are only permitted to drink alcohol:
(a)that has been purchased from the licensed bar on the Vessel; and
(b)in the passenger lounge.
3.5The consumption of illicit substances whilst on the Vessel or within or on the Company’s premises is strictly prohibited.
4.Ticketing
4.1This Ticket is valid only for the Passenger(s) named and, where applicable, the Vehicle referred to, for the Voyage for which it is issued.
4.2Vehicle weight and size limits, as well as maximum numbers of Vehicle Passengers, may apply.
4.3The Company reserves the right to amend a Passenger Ticket and the price payable accordingly.
5.Baggage and other goods (excluding Dangerous Goods)
5.1You are responsible for handling, transporting, and removing your own Baggage when boarding and disembarking the Vessel, and for keeping it safe while on board.
5.2Any unattended Baggage on the Vessel may be treated as a security risk and managed accordingly.
5.3You give an absolute warranty that you will not carry or ship any Dangerous Goods (unless expressly authorised by us) on the Voyage (see clause 6 regarding Dangerous Goods).
5.4You must indemnify us on demand for any Loss we suffer as a result of a breach of this warranty.
6.Dangerous Goods
6.1We are not obliged to carry or otherwise handle Dangerous Goods.
6.2A Passenger shall declare, at the time of making a booking, if they intend to be in possession of Dangerous Goods when they board the Vessel.
6.3No person shall take Dangerous Goods onto the Vessel without first consulting the Company regarding applicable limits and requirements.
6.4The Company, in its sole discretion, reserves the right to refuse the Passenger and/or their Vehicle access to the Vessel in the event that they have failed to declare Dangerous Goods in their possession and/or applicable limits are exceeded, any applicable laws or regulations have been breached, or if the dangerous goods pose an unacceptable risk to the Vessel, crew, Company employees, passengers, cargo or the environment.
6.5The Company, in its sole discretion and at the cost of the Passenger, may destroy, dispose of, abandon, or render harmless any goods that become Dangerous Goods whilst on the Vessel.
7.Vehicles
7.1Passengers who intend to take Dangerous Goods on or in their Vehicles (including petrol, fuel and LPG/propane cylinders) must read and comply with the obligations set out at clause 6.
7.2Any motorised Vehicle or device that is legally required to be registered under applicable Queensland legislation, and is registered accordingly:
(a)must be pre-booked and charged under the relevant vehicle category (for example, Standard Vehicle or Motorbike/Scooter Vehicle); and
(b)may not be brought on board as a walk-on item.
7.3Any motorised Vehicle or device that is legally required to be registered but is not registered accordingly will be refused carriage (regardless of power source). All such Vehicles must be pre-booked as Vehicles, subject to applicable Vehicle Fares and booking conditions, and may not be brought on board as walk-on items.
7.4To the extent permitted by law, Vehicles parked at the Company’s premises are parked at the owner’s risk. The Company disclaims any liability for any damage to or loss of such Vehicles.
8.Animals
8.1The Passenger shall be responsible for the Carriage of any Animals permitted by the Company to accompany them on board the Vessel.
8.2All animals so permitted shall be securely restrained in the Passengers Vehicle or in such a manner that they will not cause any injury or damage to any person, other Animal or goods on board the Vessel.
8.3The Passenger accompanying the Animal shall be liable for any injury or damage caused by the Animal to any person, Vehicle, other Animal, Baggage and/or goods on board the Vessel.
8.4The Passenger accompanying the Animal shall be responsible for the clean-up and disposal of any mess caused by the Animal whilst on board the Vessel.
8.5Animals are not permitted to enter the on-board kiosk.
8.6The Company will not be responsible under any circumstance for the death, injury or loss of any Animal brought onto the Vessel.
8.7The Company may refuse to transport any Animal if, in our reasonable opinion:
(a)the Carriage of that Animal presents a safety risk to our representatives or Passengers; or
(b)the Carriage of that Animal may be a welfare risk to the Animal.
9.Personal devices
The following conditions apply to personal mobility devices, personal items, self-carried goods, watercraft and motorised devices brought on board the Vessel by walk-on Passengers.
9.1Personal Mobility Devices
(a)Bicycles, e-bikes, e-scooters, mobility scooters and accessibility aids (Personal Mobility Devices) may be carried as part of the standard walk-on Fare, subject to the conditions set out in this clause.
(b)Personal Mobility Devices must not exceed 1.9 metres in length.
(c)The Company reserves the right to refuse Carriage of any device that exceeds this limit or that, in the Company’s sole discretion, poses a risk to the safety or comfort of other Passengers, crew or the Vessel.
9.2Prohibition of charging
(a)The charging of any Personal Mobility Device, or any device powered by a lithium-ion or other rechargeable battery, is strictly prohibited on board the Vessel.
(b)Power outlets on the Vessel are not available for Passenger use.
(c)This condition applies at all times whilst the Passenger and their device are on the Vessel.
9.3Condition and securing
(a)The Passenger is responsible for ensuring that any Personal Mobility Device brought on board the Vessel is in good working order and safe for transport prior to boarding.
(b)All Personal Mobility Devices must be switched off and secured in accordance with the directions of the crew before and during the voyage.
9.4Personal trolleys, carts and self-carried goods.
(a)Personal trolleys, beach carts, and self-carried freight or equipment are permitted on board provided that:
(i)the items can be handled by one person without assistance; and
(ii)the items do not exceed the maximum dimensions of 110cm × 60cm × 95cm.
(iii)Items exceeding these dimensions may be carried at the Company’s discretion and may be subject to an additional charge as determined by the Company.
9.5Watercraft and boards
(a)Kayaks, stand-up paddleboards (SUP) and ski boards incur an additional charge.
(b)The Passenger must declare any such item at the time of booking.
(c)Pricing will be applied accordingly at the time of declaration.
9.6Liability
(a)To the extent permitted by law, the Company will not be responsible for any loss of, or damage to, any Personal Mobility Device, personal item, self-carried goods or watercraft whilst on board the Vessel or on the Company’s premises, howsoever caused.
(b)All such items are carried at the Passenger’s risk.
10.Liability and risk
10.1Subject to any applicable Consumer Guarantees, the Company excludes:
(a)any term, condition or warranty that may otherwise be implied into this Contract;
(b)any liability for Loss, death or personal injury arising from or in connection with our negligence;
(c)any liability for Consequential Loss;
(d)any liability for Loss relating to a Vehicle to the extent such liability may be excluded under Articles 4, 4A and 4B of Schedule 1A of the Carriage of Goods by Sea Act 1991 (Cth);
(e)Any liability to Passengers for Loss suffered or incurred in connection with:
(i)the carriage of Dangerous Goods;
(ii)any delay or deviation of the Voyage;
(iii)the loss of or damage to valuables; and
(iv)any damage to Vehicles not otherwise excluded under these conditions, and not caused by any negligent act or omission by us or our representatives.
10.2Liability for Consumer Guarantees
(a)Subject to clause 10.1, 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:
(A)The replacement of the goods or the supply of equivalent goods;
(B)The repair of the goods;
(C)The payment of the cost of replacing the goods or of obtaining equivalent goods; or
(D)The payment of the cost of having the goods repaired.
(ii)In the case of Services, to:
(A)The resupply of the Services; or
(B)The payment of the cost of having the Services supplied again.
10.3Exception to liability
Our liability for any breach of, or failure to comply with, a Consumer Guarantee will not be limited in the manner described in clause 10.2 where:
(a)the goods or Services supplied are of a kind ordinarily acquired for personal, domestic or household use or consumption, as that expression is used in clause 64A of the ACL;
(b)it would not be fair or reasonable for us to rely on such a limitation, having regard to clause 64A(3) of the ACL; or
(c)the relevant Consumer Guarantee arises under clauses 51, 52 or 53 of the ACL.
10.4The parties agree that, except in relation to a claim arising under a Consumer Guarantee, our liability to you for any other claims (that are not otherwise excluded under these Conditions of Carriage) will be limited, at the absolute discretion of the Company, to either re-supplying the Services or paying the cost of having the Services supplied again.
10.5If the Company is liable for claims involving loss of life or personal injury occurring on board, or directly connected with the operation of the Vessel, our liability will be limited in accordance with the amounts specified in the Limitation of Liability for Maritime Claims Act 1989 (Cth), as amended from time to time. Depending on the circumstances, this may result in our financial liability for loss of life or personal injury being capped at a maximum amount per Passenger.
11.Indemnity
11.1You must indemnify us, on demand, for any Loss we suffer or incur (including loss arising from the death or personal injury of any other Passenger or our representatives) that arises out of, relates to, or is caused by:
(a)your negligence, breach of law, or wilful act or omission (including that of any minor in your care);
(b)your breach of this Contract, including these Conditions of Carriage; or
(c)any Animal in your possession, custody, or control.
11.2If we reasonably consider that you require medical attention or ambulance services, you (or your personal legal representative) must indemnify us, on demand, for any costs or expenses we incur in arranging or obtaining such medical assistance or ambulance services on your behalf.
12.Force majeure
12.1Severe weather or sea conditions may result in the cancellation or delay of Services. While we will make reasonable efforts to notify Passengers of any such cancellations, we are not liable for any Loss suffered or incurred by Passengers as a result of delayed or cancelled Services.
12.2We will not be in breach of these conditions, nor liable for any Loss suffered or incurred by any Passenger, to the extent that such breach (including non-performance, partial performance, deviation, or delay in providing the Services) is caused by a force majeure event.
12.3Force majeure events include, but are not limited to, the following:
(a)acts of God, natural or other disasters, floods, explosions, lightning, fires, severe weather or sea conditions, ice, surf, storms, winds, perils of the sea or rivers, navigation hazards, general average incidents or accidents, responding to distress signals, man overboard situations, or any other rescue activity;
(b)war, whether declared or undeclared, hostilities, invasion, acts of foreign enemies, or terrorism;
(c)disease, epidemics, or pandemics;
(d)quarantine measures or restrictions on entry or exit across borders;
(e)rebellion, revolution, insurrection, terrorist acts, military or usurped power, or civil war;
(f)riots, civil unrest, or disorder;
(g)acts, regulations, restrictions, by-laws, refusals to grant approvals, prohibitions, or any measures imposed by a governmental authority;
(h)strikes, lockouts, industrial action, or trade disputes of any kind;
(i)seizure, arrest, or forfeiture under legal process;
(j)port congestion or closure, delays in docking, mechanical breakdown of any Vessel, or failure or unavailability of loading or unloading facilities;
(k)the search for, detention, or removal of any stowaway, illegal migrant, or other unauthorised person; or
(l)any other event beyond our reasonable control.
12.4If a force majeure event arises, we may, at any time before or after the Carriage has commenced:
(a)cancel, abandon, or suspend the Carriage;
(b)alter, vary, or depart from any proposed, advertised, agreed, or customary route;
(c)delay or detain any affected Vessel; or
(d)disembark, transfer to another vessel, forward, or land any Passenger, Baggage, Vehicle, Animal, or other property at any port or place.
12.5If the Vessel is unable to reach its intended destination due to circumstances wholly or partly beyond our control (including a force majeure event), or where, for any reason whatsoever (as determined conclusively by the Master), the Vessel cannot safely enter or remain at any harbour, port, or usual stopping point, Passengers (together with their Baggage and any accompanying Vehicle) may be disembarked at the next suitable port. Upon such disembarkation, our obligations and liability under these conditions will end.
12.6You release us from, and agree to indemnify and hold us harmless against, any liability for Loss you suffer or incur as a result of any action taken under this clause.
13.Prohibition or enforceability
Any provision of, or the application of any provision of these conditions, which is prohibited, void, illegal or unenforceable in any jurisdiction:
(a)is, in that jurisdiction, ineffective only to the extent to which it is void, illegal, unenforceable or prohibited;
(b)does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions of these conditions in that or any other jurisdiction; and
(c)is severable from these conditions and will not affect the remaining provisions.
14.No waiver
The Company does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the Company.
