TERMS AND CONDITIONS OF SALE AND PURCHASE OF TICKETS
FOR CRUISE ON SOUTHERN ALBATROSS
With effect from 28th AUGUST 2024
(SUBJECT TO CHANGE BY TALL SHIP ADVENTURES PTE LTD
FROM TIME TO TIME WITHOUT NOTICE)
Acceptance and Governing Terms:
The Company’s acceptance of the Purchaser’s reservation of Tickets for any Cruise shall be subject to the terms and conditions below as well as the Bookings Terms and Conditions, and the Event Terms and Conditions (if any) and the rules and regulations and other terms and conditions imposed by the Company from time to time. Any conflict between any of these terms and conditions and such other terms and conditions will be resolved by the Company.
- Contract Formation and Definitions:
A contract (“the Contract”) between the Company and the Purchaser is formed upon the following terms and conditions when the proposed Purchaser’s reservation is accepted in writing by the Company:
The following expressions shall have the following meaning in the following terms and conditions:
- (1) “the Company” refers to Tall Ship Adventures Pte Ltd and its successors and assigns.
- (2) “the Contract” has the meaning given above.
- (3) “the Cruise” means the voyage on the Vessel from and return to Resorts World Sentosa, subject to changes or cancellation as may be made by the Company without notice.
- (4) “Guests” means the Purchaser and/or the persons (of not less than 1.1m in height) invited by the Purchaser and permitted by the Company to enjoy the Cruise.
- (5) “the Purchaser” means the person whose reservation of the Tickets has been accepted in writing by the Company.
- (6) “Parties” refers to the Purchaser and the Company, and “Party” refers to either of them.
- (7) “Ticket” or “Tickets” means the ticket or tickets reserved by the Purchaser and accepted in writing by the Company or sold in any other way by the Company to the Purchaser for enjoyment of the Cruise.
- (8) “the Vessel” means the vessel known as the Southern Albatross.
- Payment:
The Purchaser shall make payments for the Tickets in such sums and in such manner as may be required or permitted by the Company from time to time, and upon such terms and conditions as informed by the Company through the Company’s website or by other means deemed by the Company to be appropriate. The Purchaser and its Guests may not enjoy any Cruise until all payments for the Tickets are received by the Company in full, at the times and by the payment method required by the Company.
- Prices, Eligibility, and Safety:
- Pricing: All prices are in Singapore Dollars (SGD) and inclusive of applicable taxes (GST) and a 10% service charge.
- Eligibility: The Cruise is NOT recommended for individuals who are:
- Over 130 kilograms (286 pounds) in weight.
- Have serious medical conditions.
- Children under 8 years of age.
- Elderly individuals.
- Expectant mothers.
- Children:
- Children under 8 years old must sit in the middle row between adults, wear the provided life jacket, and their parents must sign a waiver.
- Children between 8 and 12 years old are also recommended to sit in the middle row between adults and must be supervised by a responsible adult at a ratio of at least 1 adult to 2 children at all times.
- Footwear: Suitable flat, non-marking footwear must be worn.
- Cancellation due to Weather:
The Cruise is intended to be a rain or shine event. Although it is unlikely that the Cruise will be cancelled due to inclement weather, the Company reserves the right to cancel the Cruise without any claim by the Purchaser or its Guests if the Company determines that it is unable to reschedule the Cruise.
- Guest List and Information:
The Purchaser shall, within the period set by the Company:
- (1) deliver an accurate and complete list of its Guests to the Company in the manner required by the Company;
- (2) indicate in such list, any maladies and physical or mental restrictions of its Guests and inform the Company of any other matter which may affect the Company’s decision whether or not to permit any Guest to board or remain on the Vessel or the Company’s premises or decision on the terms and conditions of such permission;
- (3) notwithstanding paragraph (2) above, the Company may accept the Purchaser or its invitee as a Guest or may agree to assist the Purchaser or its Guest to board, move on or remain on the Vessel or disembark from the Vessel, and if the Company chooses to do so for any reason:
- (a) the Purchaser shall bear the risk and expense of any measures taken by the Company to enable the Company to do so; and
- (b) without prejudice to any other rights of the Company under the Contract, the Company shall not be liable for any claim made by the Purchaser or such Guest for any injury or death or loss or damage suffered by them while boarding or being assisted or remaining on or disembarking from the Vessel and the Purchaser shall indemnify the Company and its employees, agents and contractors against all losses, damages, expenses and costs (including legal costs on a full indemnity basis) arising from or relating to such claims.
- Food and Drinks:
The Cruise is inclusive of the items and services described under “What’s Included”. No other food or drinks are permitted on board the Vessel. The Purchaser may not provide or procure any third party to provide any supplies, service or facilities for consumption or use on the Vessel, except as may be approved by the Company at its discretion. Even where the Company approves any supplies, services and facilities provided by the Purchaser or a third party, responsibility and liability for all losses, damages, expenses and costs (including costs on a full indemnity basis) resulting from the same shall be borne by the Purchaser but not by the Company.
- Guest Conduct and Safety:
For the avoidance of doubt, the Purchaser shall ensure that its Guests shall at all times during embarkation onto or disembarkation from the Vessel and while on the Vessel:
- (1) have the mental and physical fitness to endure the Cruise; and
- (2) comply and observe at all times with advisory and declaration and the safety, health, environmental, security, regulatory and other directions, instructions and requirements of the Company, its employees, agents and contractors and the rules of conduct set by the Company, including the instructions of the master and crew of the Vessel who shall at all times remain in command and control of the Vessel and conduct themselves in such a manner as will not cause loss, damage, danger, distress, offence, annoyance or inconvenience to themselves or to any other person (including the Company, its employees, agents and contractors) or as may subject the Company or its employees, agents or contractors to prosecution or action by the relevant authorities;
- (3) are aware of all requirements of the Company where relevant to the Guests and will comply with such requirements;
- (4) make all necessary travel arrangements for themselves to and from the points of embarkation and disembarkation from the Vessel and that they comply with all laws, government regulations and orders associated with all points of travel;
- (5) are the only persons named in the list of Guests provided by the Purchaser to the Company under these terms and conditions will embark onto the Vessel; and
- (6) shall receive and accept the advisory and declaration issued by the Company to passengers on the Vessel (including the waiver form required by the Company) at the times and in the manner set by the Company.
- Unique Outdoor Experience and Safety Precautions:
The Parties recognize that the Cruise on the Vessel is intended to provide Guests with a unique outdoor experience at sea. Guests will be in a dynamic environment unlike that of any other vessels they may be familiar with, such as ferries or cruise ships or on land.
- The Company has identified some foreseeable adverse events in the Southern Albatross Passenger Safety Rules, which are also available at https://www.speedboat.sg/terms-conditions and at our office and before boarding the Vessel. Guests must take their own reasonable precautions to ensure the safety of themselves and others.
- The Purchaser must advise Guests of these foreseeable adverse events and ensure Guests take reasonable avoidance measures. Some of these measures are listed in the Southern Albatross Passenger Safety Rules.
- Generally, Guests must comply with the crew’s reasonable instructions (if any) and exercise caution at all times. This includes ensuring their own sure footing, holding on while moving around the Vessel, and not touching or interfering with the Vessel’s equipment.
- Liability and Indemnity:
- The Purchaser and any Guest that ignores the Southern Albatross Passenger Safety Rules and/or does not take reasonable avoidance measures will be deemed negligent. They shall indemnify the Company and its employees for all resulting loss or damage of property or injury or death. This includes any actions, claims, demands, losses, damages, costs, and expenses (including legal costs) made by any other purchaser, Guest, or third party or suffered or incurred by the Company and its employees.
- The Company accepts responsibility for the proven negligence of itself or its employees but will not accept responsibility for the negligence of others.
- The Purchaser acknowledges on its own behalf and on behalf of Guests that the provisions of this Condition satisfy the requirements of reasonableness specified in the Unfair Contract Terms Act Cap 396. They shall be estopped from claiming the contrary in any future dispute with the Company or its employees concerning this Condition.
- If, despite the foregoing, the Company or its employees are found liable for any loss, damage, injury, or death of the Purchaser or any Guest, the aggregate liability of the Company and its employees shall not exceed any sum paid by the Purchaser to the Company.
- The Operator is not liable for lost, damaged, or stolen property or any injuries that occur during the experience.
- Removal from Vessel or Premises:
The Company may, at any time and for any reason, refuse to permit any person to embark onto or may require the Purchaser to immediately remove any employee, agent, contractor of the Purchaser, or any Guest from the Vessel or the Company’s premises. If the Purchaser fails to do so, the Company may take such action, with the Purchaser’s cooperation and assistance and at the Purchaser’s expense.
- Recording and Confidentiality:
- If any form of recording takes place during the Cruise (including photography, video, and/or audio recordings), the Purchaser consents for themselves and the Guests to have their image or voice recorded. The Purchaser also consents to the use of such recordings in materials printed by or for the Company and/or external media channels (including social media).
- The Purchaser may not disclose or use for the benefit of any third party any non-public information related to the Tickets, the Contract, any Cruise, or the Vessel without the prior written approval of the Company.
- Ticket Terms:
- Standard Ticket: Valid Standard Tickets are non-refundable under all circumstances, including no-shows. They are transferable but cannot be changed once a reservation has been made.
- Ticket Validity: Tickets are valid for 3 months from the date of purchase, and prices are not guaranteed until the ticket is issued.
- Restrictions: Tickets may not be used for touting purposes.
- Suspension: The Company may, at its discretion, choose to suspend the Purchaser or its Guest from enjoying any or all Cruises for a period decided by the Company. The Purchaser shall not be entitled to any reduction or refund in such cases.
- Ownership and Amendment:
- The Purchaser acknowledges that the Contract and the Cruise do not grant any ownership or proprietary interest in the Company or its property, including the Vessel.
- The Company reserves the right to amend these terms and conditions and any other terms and conditions of the Contract, as well as any advisory, declaration, directions, instructions, policies, and requirements issued or required by the Company under these terms and conditions.
- Assignment and Third-Party Services:
- The Purchaser may not assign, transfer, or share its rights and obligations under the Contract without the prior consent of the Company.
- The Company may operate the Vessel and provide goods or services related to the Cruise through or with any third party. In such cases:
- (1) The Purchaser agrees that the Company may disclose the personal data of itself and its Guests to such third party.
- (2) The provision of such goods or services shall be the responsibility of the third party, and any disputes related to them are to be directed solely by the Purchaser to the third party.
- Participation of any third party is subject to change without prior notice to the Purchaser.
- Third-Party Rights and Governing Law:
- Except as stated above, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act, 2001 to enforce any of its provisions.
- The Contract and all related matters will be interpreted and governed by Singapore law and subject to the exclusive jurisdiction of the courts of Singapore.
- Dispute Resolution:
The Parties will endeavour to resolve any dispute arising out of or in connection with the Tickets, the Contract, the Cruise and/or any related agreements through friendly consultation. If no mutually satisfactory resolution can be reached within a reasonable time, the Company may choose to refer the dispute on an exclusive basis for final resolution by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force which rules are deemed to be incorporated by reference into this provision.
- Contact Information
- For more information, contact reservations@tallship.com.sg or call/WhatsApp +65 8189 0475.
- Full terms and conditions for Southern Albatross can be found on https://speedboat.sg/terms-conditions/
PURCHASER’S RULES OF CONDUCT
AS AT 1st APRIL 2024, SUBJECT TO CHANGE WITHOUT NOTICE
Every Purchaser shall on his own behalf and on behalf of all persons invited by the Purchaser and permitted by Tall Ship Adventures Pte Ltd (“the Company”) to enter the Company’s vessel or premises (“Guests”):
- Comply with and observe these Rules of Conduct, the Terms and Conditions of Sale and Purchase of Tickets, the Bookings Terms and Conditions and all other rules and terms and conditions imposed by the Company from time to time
- Take reasonable measures to ensure the safety and wellbeing of themselves and other persons attending events organised by the Company from time to time and to ensure the security and preservation of the property of the Company, themselves and such person at all times
- Conduct themselves at all times in a courteous, considerate and orderly manner, examples of which conduct include
- not being or in danger of being under the influence of any illegal or intoxicating substance
- not being dishonest, abusive, racist, argumentative, aggressive or behaving in any way considered by the Company to be offensive
- being attired properly, as determined by the Company
- ensuring children are accompanied and supervised by responsible adults at all times
- not bringing onto the Company’s vessel or premises any food or beverages provided by third parties
- not smoking or imbibing alcohol
- not bringing any motorized or wheeled mobility equipment onto the Company’s vessel or premises, except with the prior permission of the Company and
- Comply and observe the Company’s decision (if any) to not serve food and/or beverage to the Purchaser and/or the Guests in the interests of the Purchaser, the Guests and/or any other person
- Not do or omit to be done or suffer or permit to be done or omitted, anything which the Company considers may bring the Company into disrepute or which may be prejudicial to the interests of the Company.
BOOKING TERMS AND CONDITIONS
These terms and conditions are applicable to bookings made for events which Purchasers of Tickets and/or their Guests wish to attend and are subject to the terms and conditions of sale and purchase of tickets and other terms and conditions imposed by the Company from time to time. Unless the context requires otherwise or unless expressly agreed otherwise, the expressions defined in the terms and conditions of sale and purchase of tickets will have the same meaning when used in these terms and conditions.
- Before booking (“Booking”) a Ticket for any event (“Event”) organised by the Company from time to time, Purchasers are to ensure that they have read the programme and content of the Event to satisfy themselves that the Event will meet their needs.
- Every Purchaser will make its Booking personally or by the person authorized by the Purchaser to do so. The Company may but shall not be obliged to verify the identity or the authority of the person making the Booking.
- In any event, the Purchaser and its Guests may not enjoy any Event until all payments for any Booking are received by the Company in full by the time prescribed by the Company and by the payment method required by the Company.
- No Purchaser may insert, delete or otherwise modify any term or condition of the Booking or the Event.
- The Company will communicate with the Purchaser primarily via email to the email address provided by the Purchaser in the booking form or to any address provided by the Purchaser subsequently.
- The Purchaser will communicate with the Company by such means and through the person authorised by the Company from time to time.
- Upon the Company’s approval of the Booking (“Successful Booking”) and the Purchaser’s payment as required by the Company, there will be a legally binding contract between the Member and the Company in respect of the Event.
- Where the Purchaser has successfully booked for an Event for attendance by its employee, the Company may accept substitution of the employee for attendance if the Purchaser has given written notice of the substitution within the time required by the Company.
Every Purchaser with a successful Booking will ensure that it receives instructions for joining the Event from the Company in sufficient time. The Company will not be obliged to permit attendance of any Event by the Purchaser or any Guest if the Company finds that the ticket or other form issued by the Company as evidence of the successful Booking has been altered, tampered with or defaced.
- 9. The Company may change the content and timing of the Event for reasons beyond its control. The Company may cancel or postpone an Event if there shall be an insufficient number of attendees booked for the Event. The Company will endeavor to inform the Purchaser before the scheduled date of the Event and the Company will reschedule the Event or offer a refund fees paid by the Purchaser to the Company or credit such payment as payment by the Purchaser for another Event in accordance with the terms and conditions for the type of ticket purchased.
- The Company will not be liable for any consequential loss or the cost of any transportation or accommodation or any other cost or expenses that may have been incurred by the Purchaser and/or its Guests.
- If the Purchaser with a successful Booking and/or its Guests does not attend the Event due to any reason, the Purchaser will not be entitled to any partial or full refund of any payment made by the Purchaser for the Event. If the Event is one at which a free or concessionary rate place was allocated for the Purchaser, the Company may decide that the Purchaser may be ineligible for such place in future or the Company may, at its discretion, allocate to the Purchaser.
PASSENGER SAFETY RULES
PLEASE READ CAREFULLY
It is our pleasure to welcome you onboard our cruise boat – Southern Albatross (“the Vessel”).
Tall Ship Adventures Pte Ltd (“the Company”) takes safety seriously. However, we cannot ensure your safety without your full cooperation and compliance with these rules. You are deemed to have notice of foreseeable adverse events highlighted in these rules, as well as of other events which you should have reasonably foreseen. By stepping on board the Vessel, you have also agreed to comply with these rules.
To allow you the full view and experience you wish to have, there are no barriers to separate you the passenger from the crew and their actions. That requires your complete compliance with these rules to better keep you, our other passengers, our crew and the vessel safe. For your safety, please be aware of what is happening all around you at all times and kindly take careful note also of the following:
- MOVING AROUND
ALWAYS take precautions such as holding on when moving around as the Vessel as it WILL MOVE UNEXPECTEDLY, roll and or heel in response to the wake from other vessels, wind, waves, currents and manoeuvring. Our exterior decks do get wet due to wash and spray even if it is not raining. A WET DECK may be SLIPPERY, so MOVE CAUTIOUSLY. Always LOOK WHERE YOU ARE GOING and do not rush or run on deck which may result in knocking into someone, slipping or tripping. In the event you notice a SHARP OBJECT on the deck, DO NOT MOVE and call the crew for immediate assistance.
- SAFETY EQUIPMENT
DO NOT TOUCH THE SAFETY EQUIPMENT that is located around the Vessel (such as lifejackets, life-rings, fire extinguishers etc.) EXCEPT IN AN EMERGENCY. Crew will issue the equipment and or instructions as required.
- SMOKING
Southern Albatross operates a NO SMOKING POLICY onboard.
- RESTRICTED AREAS
Certain compartments onboard are designated restricted areas where passengers MAY NOT ENTER. These include the navigation and helm station.
- CHILDREN AND PETS
The Vessel is an exciting place for children, however, it may also be hazardous if they do not follow these safety rules. It is the sole responsibility of parents or care-givers to keep children in CLOSE PROXIMITY and UNDER SUPERVISION AT ALL TIMES when onboard.
- TOILETS
Toilets are not available onboard. Please use the toilets at Resorts World Sentosa prior to boarding.
- ULTRA VIOLET LIGHT LEVELS
When sailing, sunlight reflected off the sea may increase UV levels. We recommend that you USE sunblock, protective clothing and a hat, and drink ample water to remain hydrated.
- INTOXICATION
It is clearly UNSAFE for anyone to be onboard a ship in an INTOXICATED OR DRUGGED state. Therefore, for their own safety and the safety of others, passengers are prohibited to be intoxicated or drugged while onboard. Also, no kind of weapon, illegal substances or food/beverage may be brought and or used onboard.
- LIGHTNING
Should there be LIGHTNING around, DO NOT TOUCH or hold on to METAL surfaces.
Please remember that when the Vessel departs, we will be unable to disembark anyone until we return at the end of the cruise. Nevertheless, should you require any assistance please do not hesitate to ask any member of the crew, we will be happy to help. Please be courteous towards the crew and please FOLLOW THE INSTRUCTIONS OF THE CAPTAIN AND CREW AT ALL TIMES.
Observing these rules and avoiding such foreseeable adverse events, should ensure an enjoyable and memorable experience onboard Southern Albatross. Thank you for your cooperation.