BOOKING CONDITIONS – SAILAWAY PORT DOUGLAS
Updated May 2026
These Booking Conditions set out the terms on which you contract with us for your Tour. By making a Booking, you acknowledge that you have read, understood and agree to be bound by these Booking Conditions. We reserve the right to change these Booking Conditions at any time prior to you making a Booking. Capitalised terms are defined at the rear of these Booking Conditions.
“You” and “your” means all persons named in a booking (including anyone who is added or substituted at a later date). “We”, “us” and “our” means JB Sailaway Pty Ltd trading as ‘Sailaway Port Douglas’.
1. BOOKINGS
Booking Process
A booking is confirmed (and a contract between you and us comes into effect) when:
- you have made a Booking and have provided us with all necessary information to process your request;
- you have paid us all amounts payable at the time of making the Booking in accordance with these Booking Conditions; and
- we have sent you a Booking Confirmation.
We reserve the right to decline a Booking at our discretion. If we decline your Booking and you have made any payments to us on account of that request, then we will promptly refund amounts received by us.
Minimum Numbers
Given all Tours require a minimum number of Bookings to proceed, your Booking does not constitute a guaranteed departure. If minimum numbers are not met and we determine the Tour cannot proceed, a member of our team will contact you by 4.00 pm on the day before your scheduled Tour and you will be required to:
- reschedule your Booking to an alternative day (subject to availability); or
- cancel your Booking and, at your election, receive a full refund or Credit Note equal to the Tour Price received by us.
2. OUR SERVICES
We commence providing services to you as soon as we confirm your booking. This includes (often significant) work undertaken prior to travel to arrange and coordinate the delivery of your Tour. You also receive the benefit of work we undertake in anticipation of bookings.
Our services are limited to: (a) the arrangement and coordination of the Tour Services; and (b) the delivery of Tour Services which we directly control, operate or own.
3. PRICES
Tour Prices stated are in Australian Dollars ($AUD), are inclusive of GST and are subject to change prior to you making a Booking. Your Booking Confirmation will confirm your Tour Price. Payments by debit or credit card are subject to a surcharge equal to the costs we incur to process the payment.
Exclusions
Airport/hotel transfers are included some (but not all) Tours as specified on our website. For those Tours that do not include airport/hotel transfers, you can book these at an additional cost. Costs associated with passports, visas, vaccinations, insurance, meals (other than those included in the Tour Price), emergency evacuation costs, gratuities, and all items of a personal nature are not included and are your responsibility. If we incur any of these costs on your behalf, then you agree to reimburse us for them on demand.
International and domestic airfares are not included in our Tours.
4. PAYMENT, AMENDMENTS AND CANCELLATION BY YOU
Your obligations and rights in relation to payments, amendments and cancellations are specified here.
5. CANCELLATIONS BY US
If we cancel your Tour for reasons not permitted under these Booking Conditions, we will endeavour to accommodate you on alternative dates. If that is not possible or if alternative dates are not suitable for you, then we will at your election refund you or issue you with a Credit Note equal to the Tour Price received by us.
Please note that we do not cancel Tours if showers are forecast. We may cancel in the event of extreme rain, wind, swell and tidal forecasts as this would affect the water visibility and impact the Tour, in which case the Force Majeure provisions in clause 7 of these Booking Conditions will apply.
To the fullest extent permitted by law, we will not be responsible for any other loss, costs or expenses you incur if your Tour or particular Tour Services are cancelled for any reason (including, without limitation, airfares not included in your Tour, insurance and visa expenses, credit or debit card fees or surcharges, bank transfer or electronic funds transfer fees, currency conversion fees, fees charged by your financial institution, or any additional accommodation, meals, transport, or other incidental expenses).
6. AMENDMENTS BY US
Prior to day of travel
We may need to make amendments or modifications to the itinerary of your Tour and its inclusions and you acknowledge our right to do this. Most changes will not be significant. If we become aware of any significant changes to your Tour’s itinerary or its inclusions that materially detract from the overall characteristics or value of the Tour (where we determine it can still proceed), then we will notify you within a reasonable time and you may elect to:
- proceed with the Tour, in which case we will refund you an amount attributable to the reduction in value determined by us acting reasonably; or
- cancel your Tour, in which case we will refund you all payments received by us at that time.
If you do not make an election in writing within seven days of us notifying you of the significant change (or within a reasonable shorter timeframe where the change is notified nearer to your Tour’s commencement), then you will be deemed to have elected to proceed with the Tour.
Vessel Substitutions
We may need to substitute any Vessel advertised for a particular Tour with another Vessel of a similar standard and capacity. You acknowledge and agree that such substitution will not be considered a significant change to your booking, and you will not be entitled to any refund or compensation as a result of this substitution.
On the day and during travel
You acknowledge that the itinerary and/or the Tour’s inclusions may need to change on the day of and during your Tour due to local circumstances beyond our reasonable control, including but not limited to poor weather and sea conditions. In these circumstances we will endeavour to make suitable alternative arrangements.
General
To the fullest extent permitted by law:
- we will not be responsible for any omissions or modifications to the itinerary of your Tour or its inclusions due to Force Majeure or other circumstances beyond our control happening after we have confirmed your booking. This includes any loss of enjoyment or distress caused by omissions or modifications;
- if you are entitled to any compensation for any modifications or omissions, then you agree it will be reduced by the value of any alternative services we provide which you accept; and
- we will not be responsible to you for any other expenses or loss you incur resulting from any amendment or change to the itinerary of your Tour or its inclusions.
7. FORCE MAJEURE
Prior to travel
If: (a) in our reasonable opinion we (either directly or through our employees, contractors, suppliers or agents) determine that your Tour cannot safely, lawfully or reasonably proceed due to a Force Majeure event; or (b) you give us notice no more than 14 days prior to commencement of your Tour that you cannot reasonably participate in it due to Government Restrictions (for example due to border closures), then we may:
- reschedule your Tour, but only if you are agreeable to the rescheduled arrangements; or
- cancel your Tour, in which case our contract with you will terminate.
If we cancel your Tour, neither of us will have any claim for damages against the other. However, we will at your election refund you or issue you with a Credit Note equal to the Tour Price received by us. Please note that our ability to issue you with a Credit Note may be dependent on our suppliers issuing corresponding credits to us. We cannot guarantee that our suppliers will issue corresponding credits. In such circumstances we may instead pay you a cash refund of the Tour Price received by us less: (a) unrecoverable third-party costs and other expenses that remain payable by us for your Tour Services; (b) overhead charges incurred by us relative to the Tour Price; and (c) fair compensation for work undertaken by us in relation to the Tour until the time of cancellation.
For the avoidance of doubt and without limitation, an illness, the development of a medical condition or the failure of any commercial transportation not included in your Tour is not considered a Force Majeure event.
During Tour
If we cancel Tour Services due to Force Majeure during your Tour, we will provide you, at your election, with either:
- a refund of recovered third party costs (being those third party costs incurred by us in connection with that Tour) plus any third-party costs we don’t incur for the cancelled Tour Services; or
- a Credit Note of the same value.
General
If we provide you with any alternative services or assistance where Tour Services are cancelled due to Force Majeure which you accept, then you agree that any amount to be refunded to you will be reduced by the value of these services and that assistance.
To the fullest extent permitted by law, our liability to you for cancellations due to Force Majeure is limited to your rights under this clause.
8. PRIOR TO YOUR TOUR
Travel Insurance
It is strongly encouraged that you are adequately insured for the duration of your Tour. We recommend comprehensive travel insurance to cover cancellation, medical requirements, medical evacuation, luggage and additional expenses. The choice of insurer is yours. We strongly suggest you purchase insurance at the time you pay your Tour Price. This is because cancellation fees may be payable from that time.
Passports, Visas and Vaccinations
If you are not an Australian citizen, you are responsible for ensuring you hold a valid passport with any required minimum period validity and for obtaining any visas or other travel documentation required for your entry into Australia. You are also responsible for obtaining any vaccinations and preventative medicines as may be required for the destinations included in and duration of the Tour.
Health, Fitness and Accessibility
Our Vessels are premium sailing catamarans and we offer a sailing experience. This means the Vessels travel in open seas, will move around whilst sailing, and may move unpredictably. The decks of the Vessels are multi-levelled, may have uneven surfaces, and can be slippery when wet.
You need to be mobile enough to safely move around the Vessels, step onto the glass bottom boats, and (when swimming) get in and out of the water using the ladders on the back of the Vessel.
Due to the movement, surfaces, layout and configuration of the Vessels, the Tours may not be suitable if you have reduced mobility or mobility issues, balance limitations, visibility impairment, or travel with an assistance dog.
Our Tours are adventure experiences for active travellers. Unfortunately, we do not offer wheelchair access due to the layout of the decks and saloon areas. Please choose your Tour carefully to ensure it is suitable for your experience, age and physical health.
If you have mobility issues, balance limitations, visibility impairment, travel with an assistance dog or otherwise have concerns about your ability to undertake the Tour, please contact us to discuss your circumstances prior to making a Booking so we can discuss whether and how your needs may be safety accommodated during the Tour.
Our personnel will be pleased to provide general assistance throughout your Tour. However our personnel are unable to meet the needs of guests requiring regular medical attention and are not able to act as carers. If you require special assistance, you must be accompanied by a person who is able to provide such assistance.
Medical Conditions and Medical Questionnaire
This section applies to your Booking if you are joining any of our Tours except the Sunset Sail.
Prior to participating in any in-water activities during your Tour (including snorkelling, swimming, or otherwise entering the water), you must notify us of your Medical Circumstances by completing our medical questionnaire, a copy of which can be accessed here.
If any of your Medical Circumstances change after you complete the medical questionnaire, you must notify us promptly either in writing, by telephone on +61 7 4099 4200, or in-person.
You cannot participate in any in-water activities during your Tour (including snorkelling, swimming, or otherwise entering the water) unless you have completed our medical questionnaire.
General
We may refuse to confirm your Booking or deny your participation in the Tour (including on the day of the Tour), and we may remove you from Tour, without any liability on our part, if we have any reasonable safety concerns in connection with your participation in that Tour, including if you have any illness, injury, disease or other medical condition which makes travel unsafe for you, other guests or our employees.
Dietary Requirements
You must notify us of any dietary requests or restrictions as soon as reasonably possible prior to departure of your Tour. We will endeavour to accommodate any dietary requests or restrictions, but we cannot guarantee those requests or restrictions will be accommodated. It is your responsibility to check that meals and beverages do not contain any allergens. We expressly disclaim any liability for meals or beverages that contain allergens, or that do not accommodate your dietary requests or restrictions, other than in circumstances where we have been negligent.
Risk Acceptance and Waiver
You acknowledge and agree that your participation in swimming and snorkelling activities will be subject to you agreeing to a risk acceptance and waiver of liability for participation in the activity, a copy of which is available here.
You acknowledge that your Tour may expose you to inherent personal risks which may be greater than those present in your everyday life. This could be because of the adventurous nature of the Tour, travelling through and visiting remote destinations, and interactions with wildlife within their natural habitats. You acknowledge that wildlife behaviour cannot be controlled or predicted, and travel on the basis that you accept these inherent risks and that to the fullest extent permitted by law we will not be responsible for any personal injury or death resulting from the materialisation of an inherent risk.
9. DURING YOUR TOUR
Check In
You must check in with our representative at the time and location stated on your Booking Confirmation.
Prohibited Items
You must not bring on board the Vessel any goods or objects of a flammable or dangerous nature including: (i) firearms, knives, weapons or sharp objects; (ii) alcohol or illegal drugs of any kind; (iii) items that may become or are dangerous, such as seal batteries, items containing mercury, bleaches, explosives (including fireworks and flares), poisons (such as pesticides and herbicides); (iv) items prohibited by law; (v) drones, furniture and household goods; or (vi) animals (with the exception of accredited assistance dogs).
Searches
If we have reasonable cause to believe that you are carrying a prohibited item, an authorised representative of us may, subject to applicable laws, search or inspect you and your luggage. We have the right to detain, confiscate or destroy without incurring any liability to you or any other person any items carried by you which we, acting reasonably, consider dangerous or which pose a risk or inconvenience to the security of the Vessel or other persons.
Children
Children under 18 must be accompanied by an adult.
Captain’s Directions
You must perform and observe all lawful commands or directions of the Captain or their delegate. If, in the Captain’s reasonable opinion, you are unfit to continue the Tour or you may endanger the health or safety of others while on board the Vessel, then the Captain may in their reasonable discretion do any of the following things:
- refuse to embark you;
- disembark you at any port or place;
- confine you to a particular place on board the Vessel; or
- deny your participation in certain activities during the Tour.
Neither the Captain nor us nor any other servant or agent of ours will be liable for any damage, loss or expense you incur in these circumstances. In addition, we will not be liable to make any refund of the Tour Price.
General Safety
You must pay attention to the safety briefing given by our personnel (including our crew members) at the commencement of your Tour. You must use hand and guard rails at all times as provided around the Vessel, and appropriately restrain children and ensure that children are accompanied by a responsible adult at all times. You are advised and required to take particular care in conditions of inclement, rough or heavy weather or as advised by our crew.
To the fullest extent permitted by law, we will not be responsible for any loss or damage you suffer (including personal injury or death) resulting from your failure to utilise safety devices or caused by your unreasonable or unsafe actions.
We may deny your participation in the Tour (including on the day of the Tour) if we have any reasonable safety concerns in connection with your participation in that Tour, including in connection with your physical fitness and swimming ability. The same applies to any minor on whose behalf you made the Booking.
Medical Assistance and Evacuation
You acknowledge that there may be occasions where you require first aid due to an accident, illness, injury or other health condition. You consent to our personnel providing you with first aid on the basis that: (a) our personnel are not qualified medical professionals; (b) we make no warranties and expressly disclaim all warranties regarding the standard of care that may be provided; and (c) to the fullest extent permitted by law, we will not be liable (and neither will our personnel) for any care given or omitted. If you are unable to do so yourself, you consent to us seeking and securing any medical treatment or emergency medical evacuation that we reasonably consider you require, and that we are reasonably able to secure in the circumstances. You acknowledge that in the unlikely event an emergency medical evacuation is required during your Tour, securing an emergency medical evacuation may not be possible due to the remote locations of our Tours. You agree to reimburse us for any costs we incur in seeking medical treatment or evacuation on your behalf.
Behaviour
You must follow the reasonable directions of our personnel, and the personnel of our suppliers. If you act in a manner that threatens the safety of yourself or others (including our personnel, our suppliers’ personnel, other guests on the Tour, or third parties) or significantly disrupts the enjoyment of other guests on the Tour, our representatives may, acting reasonably, prohibit you from commencing the Tour or may require you to sit out particular activities until you can be safely disembarked from the Vessel. We will not be liable for any damage, loss or expense you incur in these circumstances. In addition, we will not be liable to provide any refund of the Tour Price.
Smoking
Smoking (including e-cigarettes or vaping) is not permitted onboard any vehicles or Vessels.
Alcohol
You are not permitted to bring onboard any containers of alcohol for consumption onboard, as our Vessels are fully licensed. If you are intoxicated or acquire alcohol for a minor, we may refuse the service of alcohol to you and may disembark you. We may also deny your participation in the Tour if we reasonably consider you are intoxicated prior to commencement of the Tour.
Seatbelts
Where a vehicle is equipped with seatbelts, you must always wear your seatbelt when onboard. To the fullest extent permitted by law, our liability to you for any personal injury, death or other damages or claims arising from an accident or incident involving a vehicle you are travelling on as part of the Tour will be limited or excluded to the extent your failure to wear a supplied seatbelt contributed to or caused your injury or death.
Payments
We do not accept cash for any payments made during your Tour. All purchases must be made using an approved electronic method of payment.
10. UNUSED AND DENIED SERVICES
No refunds will be made for of any Tour Services not utilised, whether by choice or because of your late arrival or early departure. This includes the failure of common carriers to operate according to schedule, which we disclaim responsibility for. This does not apply if the reason for your late arrival or early departure was due to our negligence.
11. RESPONSIBILITY
Our Tours
To the extent only that we are the principal supplier to you of Tour Services which we directly control, operate or own then we will provide those Tour Services with reasonable skill and care.
We will only be responsible for our employees in the course of their employment, and for our agents and contractors (where we have direct control over them) if they were carrying out the work we had asked them to do.
We will not be responsible for any loss, damage, claim or expense caused by the acts or omissions of yourself, of any other third party not connected with the provision of the Tour Services, or due to an event of Force Majeure.
Services supplied by Independent Suppliers
Where an Independent Supplier is the supplier of Tour Services (or parts of Tour Services), you acknowledge that our obligations to you are limited to taking reasonable care to select a reputable Independent Supplier and arranging for them to provide those Tour Services to you. Independent Suppliers over whom we do not have direct control may include independent transport companies (i.e. vehicles not operated by us) and catering companies.
To the fullest extent permitted by law, we will not be responsible to you for any loss, damage, personal injury or delay attributable to the actions, omissions or negligence of an Independent Supplier and not caused by our negligence. Any claims you have in this regard must be made against the Independent Supplier.
Recreational Services and Dangerous Recreational Activities
If we supply any Recreational Services to you, then to the maximum extent permitted by law we exclude any liability for death, physical injury or mental injury or any other liability referred to in section 139A(3) of the Competition and Consumer Act 2010 (Cth) resulting from our failure to comply with a guarantee that applies under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law. This exclusion does not apply to significant personal injury caused by our reckless conduct.
Your Tour may involve participation a Dangerous Recreational Activity and there may be obvious risks associated with this activity. You acknowledge that the Civil Liability Act 2003 (Qld) may exclude our liability to you in negligence for any harm suffered by you as a result of the materialisation of an obvious risk of a Dangerous Recreational Activity engaged in by you.
General liability limitation
We cannot guarantee our schedule. As a result, you should allow ample time for connections. We will not be responsible for any loss or additional expenses you incur for any missed connections/services attributable to delays.
Australian Consumer Law and corresponding legislation in State and Territory jurisdictions in certain circumstances imply mandatory guarantees into consumer contracts (Consumer Guarantees). These Booking Conditions do not exclude or limit the application of the Consumer Guarantees other than to the extent they can be excluded or limited, in which case we limit or exclude the Consumer Guarantees to the fullest extent permitted. Other than the Consumer Guarantees, we disclaim all warranties and guarantees.
We are entitled to benefit from any limit or exclusion of liability under any Convention.
To the fullest extent permitted by law, our maximum liability to you under these Booking Conditions, in tort (including negligence) or at law is limited to arranging for the Tour Services be resupplied or payment of the cost of the Tour Price.
12. COMPLAINTS
In the event of a problem with any aspect of your Tour Services, you must tell us or make our representative or our local supplier aware of such problems at the time that problem arises, or otherwise as soon as reasonably possible after that problem arises. This is so we or our suppliers have had the opportunity to put things right on the ground.
If you notify us of a problem during travel and we haven’t resolved it to your satisfaction, please follow this up in writing within 30 days from the end of your Tour. This is so we have the opportunity to pursue the claim with our own suppliers (if relevant).
If you fail to follow this procedure, this may limit your rights to make a claim.
13. REFUNDS
Any refunds payable by us under these Booking Conditions will be made as follows: (a) if you paid us directly with a credit or debit card, we will credit the same card with the refund unless you advise us that the card has expired or is no longer active; (b) if you paid us by direct bank transfer, we will pay the refund to a bank account notified by you; (c) if you booked your Tour through a travel agent, then we will pay the refund to the travel agent; and (d) we will not refund you in respect of any third party fees which you incur in connection with your Booking, including credit or debit card fees or surcharges, bank transfer or electronic funds transfer fees, currency conversion fees, or fees charged by your financial institution. You acknowledge and agree that our obligation to refund you will be satisfied once we refund the travel agent, and the travel agent will be directly liable to make corresponding payments to you. We will have no liability to you if the travel agent fails to make that corresponding payment to you.
14. DEEMED ACCEPTANCE
If you place a booking on behalf of another party, you represent and promise us that you are duly authorised to provide the agreement and consent of the other party to be bound by these Booking Conditions. You agree that you will be responsible for any loss or damage we incur but would not have incurred had this been the case.
15. PARENTS/GUARDIANS OF MINORS
If a participant in a Tour is under 18 years of age, their parent or legal guardian agrees to these Booking Conditions both on their own behalf and on behalf of the minor participant. The parent or legal guardian of that participant agrees to indemnify and hold us (and our directors, officers and employees) harmless from and against any claim, liability, loss, cost or expense arising from or in connection with the participant’s involvement in the Tour, to the extent that such claim would have been limited, excluded or otherwise barred had the participant been of legal age and capable of providing informed consent and agreeing to these Booking Conditions on their own behalf. The parent or legal guardian of a minor participant must also supervise that minor participant and ensure that minor participant is a competent swimmer and can safely participate in the Tour.
16. IMAGE RELEASE
We and our suppliers may take photographs or make recordings of you and your activities that identify you during the Tour. We reserve the right to use any images and/or recordings for promotional and marketing purposes. You consent to this use and acknowledge you will not be entitled to any payment or other compensation. If you do not consent to the use of your image or likeness, please advise us prior to the commencement of your Tour.
17. GENERAL
The contract between us and you is governed by the laws of the State of Queensland. Any disputes shall be dealt with by a court with the appropriate jurisdiction in Queensland.
If any provision of these Booking Conditions is found to be unenforceable, then to the extent possible it will be severed without affecting the remaining provisions.
Any personal information you provide to us will be collected, stored, used, protected and shared in accordance with Australian Privacy Principles (and foreign privacy laws, if applicable), and our Privacy Policy, which is published at https://www.journeybeyond.com/privacy-policy/.
If these Booking Conditions are published in a brochure, you acknowledge that information within the brochure is correct at the time of publication. However, some details may change including, but not limited to Tour Prices, Tour Services and the associated itinerary. You acknowledge that photos we publish are representative of the Tour but may not reflect that exact experience.
We reserve the right to modify these Booking Conditions at any time without prior notice. We will publish amended Booking Conditions on our website (www.sailawayportdouglas.com). The amended Booking Conditions will be effective upon publication. The Booking Conditions that govern the contract between you and us are those Booking Conditions in effect at the time you make a Booking.
You may check Tour information, including Tour Pricing, Tour Services and the associated itinerary, prior to making a Booking by calling us on +61 7 4099 4200.
These Booking Conditions are effective and apply to all Bookings made from 5 May 2026.
DEFINITIONS
Booking means a request from you to book a Tour.
Booking Confirmation means a document issued by us to confirm acceptance of your Booking subject to these Booking Conditions.
Captain means the person who has paramount authority for the operation of the
Convention means, to the extent it applies to our operations, the provisions of the International Convention on Limitation of Liability For Maritime Claims, 1976 which have the force of law in Australia pursuant to the Limitation of Liability for Maritime Claims Act 1989 (Cth), and any other convention having the force of law in Australia and which may limit our liability in respect of the carriage of passengers and baggage.
Credit Note means a credit note issued by us redeemable within 24 months after issue against any services offered by us. Credit notes are not transferrable and not redeemable for cash. Redemptions will be subject to the booking conditions applicable to those services in effect at the time of redemption. Refunds will not be made for services cancelled by you after redemption.
Dangerous Recreational Activity has the meaning given to that term in the Civil Liability Act 2003 (Qld).
Force Majeure means an event or events beyond the control of the parties and which the parties could not have reasonably prevented, and includes but is not limited to: (a) natural disasters (including not limited to flooding, fire, earthquake, landslide, volcanic eruption), adverse weather conditions (including hurricane or cyclone), high or low water levels; (b) war, armed conflict, industrial dispute, civil strife, terrorist activity or the threat of such acts; (c) epidemic, pandemic; (d) any Government Restrictions.
Government Restrictions means any new or change in law, order, decree, rule or regulation of any government authority (including travel advisories and restrictions).
Independent Suppliers means any suppliers of Tour Services which we do not directly control, operate or own.
Medical Circumstances means information about your health and fitness (including your swimming ability), any medical conditions you have, medication that you require and your surgical history, and includes any medical conditions that may reasonably be expected to increase your risk of needing medical attention or special assistance, or which may materially affect the usual conduct of the Tour, as further detailed in the questions set out on our medical questionnaire, a copy of which can be accessed here.
Recreational Services means services that consist of participation in the activities referred to in Section 139A of the Competition and Consumer Act 2010 (Cth), being participation in: (a) a sporting activity or similar leisure time pursuit; or (b) any other activity that: (i) involves a significant degree of physical exertion or physical risk; and (ii) is undertaken for the purposes of recreation, enjoyment or leisure.
Tour means a tour which we sell as principal comprising Tour Services.
Tour Price means the price for your Tour.
Tour Services means the travel arrangements and incidental services included in your Tour which may include, transportation on a Vessel, ground transportation, excursions and guides.
Vessel means a vessel operated by us for the purposed of delivering a Tour.
