VOYO PTY LTD

    Passenger Terms & Conditions

    These Terms apply to all cruises, charters and experiences operated by Voyo.

    Operator: Voyo Pty Ltd ACN 686 875 301 ("Voyo", "we", "us")

    Effective Date: [Insert Date]

    These Terms apply to all cruises, charters and experiences operated by Voyo.

    By booking, paying, or boarding the vessel, you agree to these Terms.

    1. CONTRACT

    1.1 A legally binding contract is formed between Voyo Pty Ltd and each named passenger when full payment is received and booking confirmation issued.

    1.2 The contract is strictly between Voyo and the Passenger(s). No other person is a contracting party.

    1.3 The vessel is owned by a separate third party ("Owner"). The Owner is not a contracting party but is entitled to enforce clauses 14, 15 and 16 of these Terms.

    2. RECREATIONAL SERVICE – IMPORTANT NOTICE

    2.1 The services provided are recreational services for the purposes of:

    • Competition and Consumer Act 2010 (Cth)
    • Australian Consumer Law
    • Civil Liability Act 2003 (Qld)

    2.2 Warning Under Australian Consumer Law and Queensland Civil Liability Act:

    By booking and participating in this recreational activity, you acknowledge that:

    • The activity involves significant inherent risks;
    • Personal injury or death may occur;
    • These risks may arise from negligence of Voyo or others;
    • You voluntarily accept those risks.

    2.3 To the maximum extent permitted by law, Voyo excludes liability for death or personal injury resulting from the supply of recreational services.

    2.4 Nothing in these Terms excludes liability where such exclusion is prohibited by law.

    3. ASSUMPTION OF RISK

    3.1 Marine activities involve obvious and inherent risks including but not limited to:

    • Vessel movement and instability
    • Sea state and weather changes
    • Slippery surfaces
    • Boarding/disembarking risks
    • Equipment failure
    • Passenger interaction
    • Drowning or water-related injury

    3.2 You voluntarily assume all such risks, whether known or unknown, obvious or latent.

    3.3 You acknowledge that injury or death may result even if reasonable care is taken.

    4. MEDICAL FITNESS WARRANTY

    4.1 You warrant that:

    • You are medically and physically fit to participate;
    • You do not suffer from any condition that may endanger yourself or others;
    • You are not under the influence of drugs or excessive alcohol at boarding.

    4.2 You must disclose any relevant medical condition prior to departure.

    4.3 Voyo may refuse boarding where it considers a passenger poses a safety risk.

    5. PASSENGER CONDUCT

    5.1 You must:

    • Follow all crew directions immediately;
    • Comply with maritime safety regulations;
    • Act responsibly at all times.

    5.2 Voyo may remove or refuse boarding to any passenger who:

    • Is intoxicated;
    • Acts aggressively;
    • Interferes with vessel safety;
    • Poses a risk to others.

    No refund is payable in such circumstances.

    6. BOOKING & PAYMENT

    All bookings are confirmed upon payment. Payment is required at the time of booking for individual voyages (High Tea, Sunset, VIP Sunset).

    Group area reservations (Captain's Table, Cabana Club) require full payment of the area fee at the time of booking. Individual guest tickets within a group party are paid by each guest at the time of their individual booking.

    7. CANCELLATION BY THE GUEST

    Direct Bookings (via voyo.com.au or phone):

    • 30 or more days before the sailing date: Full credit for a future VOYŌ voyage, valid for 18 months from the original sailing date. Transferable to another person. No refund.
    • 14 to 29 days before the sailing date: 50% credit for a future voyage, valid for 18 months. 50% retained by VOYŌ as a cancellation fee. No refund.
    • 7 to 13 days before the sailing date: 25% credit for a future voyage, valid for 18 months. 75% retained as a cancellation fee. No refund.
    • Less than 7 days before the sailing date: No credit. No refund. Full amount retained.
    • No show (failure to attend without notice): No credit. No refund. Full amount retained.

    Group Area Reservations (Captain's Table, Cabana Club):

    • 30 or more days: Full credit, valid 18 months.
    • 14 to 29 days: 50% credit, valid 18 months. Catering costs are non-refundable if already ordered.
    • Less than 14 days: No credit. No refund. All costs retained including catering, crew, and lost revenue.

    Third-Party Bookings (Viator, Klook, GetYourGuide):

    Bookings made through third-party platforms are subject to that platform's cancellation policy, which may differ from the above. Please refer to the platform through which you booked.

    8. CREDIT TERMS

    • Credits are valid for 18 months from the date of the original cancelled sailing.
    • Credits are transferable to another person.
    • Credits may be used toward any VOYŌ product (High Tea, Sunset, VIP Sunset, group area reservation, or private charter).
    • If the rebooked voyage is priced higher than the original, the guest pays the difference. If priced lower, the remaining credit balance stays on account.
    • Credits may be used across multiple bookings until the balance is exhausted.
    • Credits are not redeemable for cash under any circumstances.
    • Unused credits expire after 18 months with no further obligation.

    9. WEATHER POLICY

    VOYŌ operates in most weather conditions. Light rain, overcast skies, and moderate wind do not prevent a safe and enjoyable voyage on a sailing superyacht.

    Our Master assesses conditions on the morning of each sailing. The Master's decision regarding whether to proceed, modify, or cancel a sailing is final. The Master's assessment takes precedence over any external weather forecast, media report, Bureau of Meteorology warning, or guest opinion.

    Weather Cancellation by VOYŌ:

    If the Master determines that conditions are unsafe and cancels the sailing, all guests will receive a full credit for a future voyage, valid for 18 months. Credits are transferable. No cash refunds will be issued for weather cancellations.

    Weather Cancellation by the Guest:

    If VOYŌ has not cancelled the sailing but a guest chooses not to attend due to weather concerns, this is treated as a guest cancellation and the standard cancellation terms above apply.

    Modified Sailings:

    VOYŌ reserves the right to modify the route, duration, anchoring location, or itinerary due to weather, sea conditions, or directions from maritime authorities. Modified sailings proceed as planned. No credit or refund applies for modified sailings — we adapt the experience to provide the best possible voyage in the conditions.

    Delayed Departure:

    VOYŌ may delay departure for up to one hour to allow weather to pass. If the delay exceeds one hour and the voyage cannot proceed, VOYŌ will cancel the sailing and full credit applies.

    Early Return:

    If conditions deteriorate after departure and the Master terminates the voyage early, a partial credit may be offered at VOYŌ's discretion based on the proportion of the voyage completed.

    10. VOYŌ'S RIGHTS

    VOYŌ reserves the right to:

    (a) Cancel any sailing where the Master determines conditions are unsafe for guests, crew, or the vessel.

    (b) Modify the route, duration, anchoring location, or itinerary due to weather, sea conditions, maritime authority directions, or operational requirements.

    (c) Substitute the vessel if a suitable alternative is available, without notice.

    (d) Delay departure for up to one hour.

    (e) Terminate a voyage in progress and return to port if conditions deteriorate.

    (f) Refuse boarding to any guest who is intoxicated, behaving in a manner that endangers the safety of other guests or crew, or who fails to follow the directions of the Master or crew. No credit or refund will be issued in these circumstances.

    11. GROUP BOOKING — CATERING ON CANCELLATION

    If a group booking is cancelled and catering has already been ordered and prepared, VOYŌ will make reasonable efforts to arrange for the group to enjoy the catering at an alternative location. Catering costs are non-refundable once ordered (typically within 14 days of the sailing date). The voyage credit is separate from catering costs.

    12. PRIVATE CHARTER CANCELLATION

    Private charter cancellations follow the group booking cancellation terms above. In addition, any bespoke arrangements (entertainment, special catering, decorations, external suppliers) that have been confirmed and paid for by VOYŌ on behalf of the charterer are non-refundable regardless of notice period.

    13. PROPERTY

    13.1 All property is brought onboard at your own risk.

    13.2 Voyo is not liable for theft, loss or damage to personal property.

    14. RELEASE AND WAIVER

    14.1 You irrevocably release and forever discharge:

    • Voyo Pty Ltd
    • The vessel Owner
    • The master and crew
    • Employees, contractors and agents

    (together the "Released Parties")

    from all liability, claims, actions, proceedings, demands, losses, damages and expenses (including legal costs on a full indemnity basis) arising out of or in connection with:

    (a) personal injury, illness or death;

    (b) loss or damage to property;

    (c) any act or omission occurring before, during or after the cruise;

    (d) participation in any associated activity.

    14.2 This release applies to liability arising in contract, tort (including negligence), statute or otherwise.

    14.3 This clause operates to the fullest extent permitted under:

    • Australian Consumer Law
    • Civil Liability Act 2003 (Qld)

    14.4 If any part is unenforceable, the remainder continues in force.

    15. INDEMNITY

    15.1 You indemnify and must keep indemnified the Released Parties from and against all claims, liabilities, losses, damages, penalties, fines and expenses (including legal costs on a solicitor–client/full indemnity basis) arising out of or in connection with:

    (a) your negligent, reckless or unlawful act;

    (b) your breach of these Terms;

    (c) failure to follow crew instructions;

    (d) injury to another passenger caused by you;

    (e) damage to the vessel caused by you;

    (f) damage to third-party property;

    (g) any claim brought by a third party arising from your conduct.

    15.2 This indemnity:

    • Is continuing;
    • Is separate and independent;
    • Is not limited by insurance;
    • Survives completion of the cruise.

    15.3 You acknowledge Voyo operates the vessel as lessee and has indemnified the Owner in respect of passenger claims. This indemnity is intended to directly benefit and protect the Owner.

    16. LIMITATION OF LIABILITY

    16.1 To the maximum extent permitted by law, Voyo's total aggregate liability is limited to the fare paid.

    16.2 Voyo is not liable for indirect or consequential loss.

    17. PRIVATE CHARTERS – DAMAGE BOND

    17.1 For private charters, Voyo may require a refundable damage bond.

    17.2 The bond may be applied toward:

    • Repair of damage caused by passengers;
    • Cleaning beyond normal wear;
    • Replacement of damaged equipment.

    17.3 Voyo's determination of damage is final, acting reasonably.

    19. PRIVACY

    Personal information is handled in accordance with applicable privacy laws and Voyo's Privacy Policy.

    20. GOVERNING LAW

    These Terms are governed by Queensland law.

    Parties submit to the exclusive jurisdiction of Queensland courts.

    Contact Us

    If you have any questions about these terms, please contact us.

    Email: info@voyo.com.au

    Phone: +61 1300 902 432

    Departure Location: Stadium Marina, The Spit, Main Beach, Gold Coast QLD