TGECC Terms and Conditions

TERMS AND CONDITIONS – The following terms and conditions apply to all cruise holidays and general charter of any vessel or tender (referred to herein as your Escape) operated by The Great Escape Charter Company (TGECC). A term or condition may only be varied if agreed in writing and signed by all parties. Otherwise, no employee, agent, or representative of TGECC has any authority to vary or omit any part or all these terms and conditions.

RESERVE YOUR PLACE / PAYMENT – You can make your reservation by calling or emailing our reservation team in Broome. We will hold a tentative reservation for you for 7 days from the date of your reservation pending receipt of a 20% non-refundable deposit of the Full Fare (see below).

The payment of your deposit secures your place. By paying your deposit, you agree and acknowledge that you will be deemed to have read, understood, and agree to these terms and conditions. Accordingly, please read the terms and conditions carefully.

We will confirm your reservation to you in writing on receipt of your deposit. Two additional 20%-part payments of the Full Fare will be due 12 months and 6 months prior to travel. The balance of the Full Fare must be received by us 8 weeks before departure of your Escape. For reservations made within 8 weeks, payment of the Full Fare is required immediately. If any of the abovementioned payments are not received by these dates, TGECC reserves the right to cancel the reservation without notice. In the event that TGECC cancels your booking for failure to make a payment, you will forfeit an amount equal to the cancellation fee that would have applied under these terms and conditions had you cancelled your reservation.

Once your reservation is confirmed, our Cancellation terms and conditions will apply if you are unable to attend your Escape.

Persons under the age of 18 must be accompanied by an adult on the Escape. Adult guests accompanying those under the age of 18 will be deemed to have understood these terms and conditions on their behalf.

EXCLUSIVE CHARTER – For reservations made as an Exclusive Charter, a 20% non-refundable deposit is required for each and every room on the Exclusive Charter (7 rooms each accommodating two guests unless otherwise agreed). Payments for each and every room are then required to be paid in accordance with the ‘Reserve your Place / Payment’ terms and conditions, that is, a subsequent 20% part payment will be required 12 months and 6 months prior to the departure of the Exclusive Charter (7 Rooms each accommodating two guests unless otherwise agreed) and the balance of the Full Fare for the Exclusive Charter (7 rooms each accommodating two guests unless otherwise agreed) must be received by us 8 weeks before departure of your Escape. We will confirm your Exclusive Charter reservation without having a full manifest of names. However, rooms cannot be relinquished at any time leading up to your Escape. For the avoidance of doubt, TGECCs Cancellation terms and conditions will be strictly enforced and are applicable to the entire Exclusive Charter (7 rooms each accommodating two guests unless otherwise agreed).

PRICE GUARANTEE – Prices are quoted in Australian dollars (AUD). Your reservation price is set out on TGECC website (https://www.greatescapecruises.com.au/) unless otherwise specified in an online (or other) promotion. Escape prices are subject to variation, as a result of various factors including, but not limited to, increased fuel prices, Government taxes and charges, force majeure events or other material increases by suppliers. However, we guarantee that once the Full Fare of your Escape has been received by TGECC, there will be no increase in the Full Fare for your Escape, and we will absorb any increase in those costs. Accordingly, we recommend you book and pay as early as possible to guarantee your Full Fare-price.

The following is INCLUDED in the Full Fare:

• Transfers between your accommodation and Broome/ Kununurra airport to the vessel and in reverse.
• All light aircraft / helicopter transfers on fly / cruise or cruise / fly itineraries.
• All travel onboard MV Great Escape.
• All meals: breakfasts, lunches and dinners, morning, and/or afternoon tea.
• All non-alcoholic beverages: tea, coffee, juices, soda water, tonic water, and standard soft drink.
• Accommodation onboard.
• All Great Escape sightseeing activities (land and sea based).
• Linen, towels, hairdryers, shampoo, conditioner, sunscreen, insect repellent.
• All services of our professional crew.
• Premium fishing gear is included on all cruises.
• Tanks, air refills and weight belts are provided on all dive cruises to the Rowley Shoals.

The following is NOT INCLUDED in the Full Fare:

• Native title access fees as determined by traditional owners of exclusive native title areas along the Kimberley coast (park fees).
• Traditional Owner experiences.
• Travel insurance.
• Alcohol– we have an easy ordering system in place for you to purchase alcohol via the local bottle shop or ship your own 6-8 weeks prior to departure of your Escape.
• Items of a personal nature such as medication, toiletries, telephone calls, internet, airfares to and from home.
• Satellite Wi-Fi (available for purchase onboard).
• Helicopter Scenic Flights (no need to pre-book, can be arranged once onboard and payable via credit card at end of your Escape).
• Diving and snorkelling equipment (available for hire for Rowley Shoals cruises only).

CANCELLATION – As we must make firm reservations for each client, it is necessary for us to strictly enforce our cancellation terms and conditions. If you cancel a reservation any time prior to the departure of your Escape, the following cancellation fees will apply:

All cancellations must be advised to us in writing and will not be taken to be effective until the notification has been received. Please note we strongly recommend you take out comprehensive travel insurance from a reputable company that will cover you against these cancellation fees in the event of having to cancel your Escape due to unforeseen circumstances. For the avoidance of doubt, TGECC is not liable for any costs incurred as a result of you cancelling your Escape. We are happy to recommend an insurance provider / policy for you (see ‘Insurance’).

TGECC reserves the right to alter or cancel an Escape due to unforeseen circumstances, including but not limited to road and / or weather conditions, force majeure events, mechanical defects, cultural considerations or other external events that mean TGECC is unable to operate the Escape. If guests have booked and paid deposits / part payments / the Full Fare, the TGECC will provide you with a non-refundable voucher (Travel Credit) in an amount equal to the amount which you have paid for use in respect of another Escape or provide a refund of monies paid. Any such Travel Credit will not be redeemable for cash and will be valid for 24 months from the date of issue. Whether a non-refundable voucher (Travel Credit) in an amount equal to the amount which you have paid for use on another Escape or a refund is offered will be at the sole discretion of TGECC.

DEFERRED ESCAPES – We understand that sometimes plans change and you may no longer be able to attend your Escape. Should you wish to request a deferred Escape of comparable length and itinerary (Deferred Escape), you must send us a written notice of this request as soon as reasonably practicable, but in any event at least [8] weeks prior to the Escape commencement date.

We have no obligation to agree to the deferral of your Escape. If we are able to offer you a Deferred Escape, TGECC will provide you with a credit for the amount paid towards the Escape to be deferred (Travel Credit). In the event that the cost of the Deferred Escape is less than your Travel Credit, TGECC will refund the difference. In the event that the cost of the Deferred Escape is more than your Travel Credit, you shall pay the difference between the cost of the Deferred Escape and your Travel Credit.

If you cancel your Deferred Escape after agreeing to its deferral, TGECC is not required to refund your Travel Credit.

The Travel Credit is not redeemable for cash other than expressly provided above in relation to the scenario where your deferred Escape costs less than the original Escape.

Where we cannot accommodate a Deferred Escape, you may continue with your original Escape or cancel the booking in accordance with our Cancellation clause. 

CHANGES TO ITINERARY – The Kimberley is a rugged region subject to 12 metre tides. No two Escapes are ever exactly the same. Whilst your Escape will be very similar to the itinerary provided, it is possible that Mother Nature or other unforeseen circumstances will affect the Escape’s itinerary. We plan each day according to the tides and often rearrange the itinerary to accommodate this. Your Captain will discuss the next day’s activities and adventures most evenings; this is your opportunity to further customise the itinerary to suit you.

While we will endeavour to provide a similar itinerary that is described in our marketing materials, we cannot guarantee your itinerary and it does not form part of these terms and conditions. We will also not be liable for any direct, indirect or consequential loss, or refund any portion of your Escape due to changes to the itinerary.

TGECC is also unable to guarantee arrival and departure times. Accordingly, we do not accept liability if you miss a transfer or connection with another provider. When booking transfers or connection please be mindful of this and we remind you to be flexible with bookings / take out relevant insurance.

INSURANCE – Travel insurance is not covered in the Full Fare. We strongly recommend that you purchase travel insurance to cover you against costs related to personal illness or accident, death, medical expenses and emergency repatriation, cancellation, curtailment, loss of baggage etc. If you choose not to take travel insurance, which includes, at a minimum, cover for above described costs then TGECC will require a signed and dated letter stating that this is your preference. Otherwise, TGECC will assume that you have acquired adequate and appropriate coverage.

It is always your responsibility to look after your property at all times and ensure you are adequately covered by your travel insurance in the event of any loss or damage thereof. TGECC can recommend an insurance policy / provider for you.

BAGGAGE – All guests travelling on either a Southern Kimberley Experience, Kings of the Kimberley Northern Gorges, or Kimberley Fishing Extravaganza will receive a complimentary travel bag. This will be provided with your final documents approximately 4 weeks prior to departure. It is imperative that the specially provided bags be used on your Escape. Given the use of small aircraft, luggage is restricted to a maximum of 10kg per person including hand luggage.

PERSONAL NAVIGATION SYSTEMS – Please be aware that Personal Navigation and GPS Systems are NOT permitted onboard any of our vessels at any time.

TRAVELLING ALONE – A single supplement fee is available for solo travellers; this is calculated as the cost of the cabin rate less 20%. If you confirm a companion to share with in the lead up to your Escape, the invoice can be adjusted to reflect twin share.

LIABILITY – While management and staff of TGECC will undertake all reasonable precautions to ensure the safety and comfort of its customers, as an adventure holiday there are risks involved and it is expected that passengers accept and understand that these risks are part of each Escape. TGECC (including owners, management, representative, agents, and employees) assume no liability for any and all of the following, to the fullest extent permitted by law:

• injury, illness, accidents, death, damage, loss or any property damage and / or loss incurred in the course of the Escape;
• costs incurred as a result of booking an Escape, including but not limited to, travel insurance excess fees, cancellation fees and non-refundable flights to and from your Escape; and
• the acts and omissions of third parties or other operators, including but not limited to other companies, Government agencies and individuals which may assist or contract with us in running Escapes.

Travel agents may also impose their own charges in connection with an Escape (for example service fees) and may impose their own cancellation fees. Any charges or fees of this nature are a matter strictly between the guest and their travel agent. To the maximum extent permitted by law, the TGECC does not make or give any warranty, whether express, implied, statutory or otherwise, and all such warranties are hereby excluded other than as expressly provided for in these terms and conditions.

CONSIDERATION FOR OTHER PASSENGERS – Disturbance to other persons on the Escape, including but not limited to excessive noise, harassment and discrimination of any kind is strictly prohibited and may result in termination of the booking and eviction from the Escape without refund of monies paid, in the absolute discretion of TGECC.

SEVERABILITY – If at any time one of the above terms of conditions is unenforceable or void by operation of law, that term shall be severable from the remaining terms and conditions, which will remain in force.

APPLICABLE LAW – The terms and conditions are governed by and must be construed according to the law applying in Western Australia.