Exclusion of Liability
Sydney By Sail is a great way to see Sydney by sail. We put a lot of thought and effort into making your recreational sailing experience with us is a memorable one.
While sailing is a perfect recreational activity for your leisure or enjoyment, sailing can be dangerous to you and others with you. Sailing is a sporting activity and can involve a significant degree of physical exertion or physical risk. Although we encourage you to enjoy our services and make the most of your sailing experience with us, you acknowledge the physical exertion, risks and possible injuries to you or others with you associated with participating in our recreational sailing activities.
We exclude all liability for death or personal injury arising from any failure by us to take due care and skill in performing our services and ensuring that our yachts are reasonably fit for use in our services. This exclusion of liability includes all of our employees, agents and any other person we may have working with us in providing our services to you.
Subject to any rights imposed by law that cannot be limited or excluded:
1) All warranties or conditions implied by law are excluded.
2) If implied warranties or conditions cannot be excluded, but limitation is permitted, our liability is limited to, in relation to goods, a refund of the purchase price actually paid, the replacement of the damaged product or the supply of equivalent product at our absolute discretion and, in the case of services, the supply of the services again or the payment of the cost of having the service supplied again.
3) In no circumstances are we liable for special, indirect or consequential loss or damage of any kind including any loss of profit or of contract, even if you advise us of any special circumstances or such loss was reasonably foreseeable. This includes, but is not limited to, the transmission of any computer viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operation of your computer system.
The information on this website is liable to change and although we attempt to ensure that the content is current we do not guarantee its currency.
In some cases, the laws of your location may apply to your online dealings with us and you may have additional legal rights. We always recommend that you seek local law advice if you have a complaint about us, however, we suggest that you speak to us first – that way you can see if we can resolve any complaint you may have.