Barge Booking Request

Hamilton Island Enterprises Limited ACN 009 946 909 and its related entities (“HIE”) is the owner and operator of the Barge MV Samson and also engages other third-party barges (“Barge”). By using the Barge service, the Customer accepts the following terms and conditions:

Fee and Payment

1. The Customer agrees to pay HIE the fee (as notified by HIE and inclusive of GST) for use of the Barge in advance of transport and in accordance with any tax invoice provided (“Fee”). The Company may vary the Fee on an annual basis.

2. Customers who are regular commercial service providers to HIE may apply for credit and any approval by HIE will be subject to HIE’s credit application and trading terms and conditions.

3. EFTPOS and Credit Card are the accepted payment methods for Customers without an approved HIE credit account. For those parties with an approved HIE credit account, a tax invoice will be supplied on a regular basis. Invoices raised to a registered business are to be in accordance with the relevant registered business agreement. Internal charges will be processed for Fees coded to a project and these charges are subject to authorisation by a project manager.

4. Fees will be determined by HIE based on the length of the load. HIE may charge Fees for transport of property by weight and/or measurements. Fees may be varied if the weight or measurements vary.

5. No Fee is charged if the Customer, who holds a Hamilton Island ID Card, is only walking on the Barge with personal property that can be carried safely by one person and this is subject to the approval of the Barge crew or management.

6. Cancellations received outside of forty-eight (48) hours of the load time will be fully refunded. Cancellations received between forty-eight (48) and twenty-four (24) hours of the load time will receive a 50% refund of the Fee. The Fee will be non-refundable if less than twenty-four (24) hours’ notice is provided by the Customer or the Customer or their contractors, employees or agents (“Personnel”) do not attend at the load time. Notice is to be provided by email to bargebookings@hamiltonisland.com.au.

7. Amendments sought by Customers will be subject to space availability and are not guaranteed.

8. HIE is not a common carrier. All property and passengers are carried or transported and all incidental storage and other services are performed by HIE subject only to these terms and conditions and applicable legislation. HIE reserves the right to refuse the carriage or transport of property or passengers at its discretion and the Fee will be refunded if the Customer is not at fault.

9. Barge booking requests for vehicles and larger property are subject to space availability and weather conditions, including but not limited to tide conditions. The Operations Coordinator at the Shute Harbour Logistics Terminal (“Coordinator”) will confirm if a requested date and time has been accepted. The booking must be authorised by the Coordinator five (5) business days prior to the Customer’s transport date.

10. Customers, along with smaller property that can be carried, are not required to make a booking although must show their applicable Hamilton Island ID Card prior to boarding the Barge to the Barge crew or management. The service is provided on a first come, first served basis and is subject to space availability. No guarantee of travel is provided. Customers may only walk on with personal property that can be carried safely by one person and this is subject to the approval of the Barge crew or management.

11. Deliveries will be transported by Barge after arrival to the Shute Harbour Logistics Terminal and this is subject to space availability. Deliveries must by clearly addressed and appropriately packaged for transport. No guarantees regarding storage, availability, transport or timeframes are provided as HIE does not operate a delivery service. If further transport is required on Hamilton Island, fees may apply and delivery is only available at the discretion of HIE. Property storage is not offered by HIE. Any uncollected property may incur storage fees and may be returned to the sender or disposed of if not collected within a reasonable timeframe. The recipient of the property must pay HIE any disposal costs. To the maximum extent permitted by law, the Customer acknowledges that deliveries are at their own risk and, to the maximum extent permitted by law, the Customer, their Personnel and vehicle owners will not hold HIE, its directors, officers, owners, employees and agents liable for theft, property damage, loss or damage relating to, concerning, or arising out of deliveries except to the extent such damages and losses arose out of, was caused by, attributable to or resulted from HIE's negligence or wrongful act/omission.

12. Barge transfers to and from Hamilton Island and Shute Harbour are scheduled Monday to Friday, excluding Queensland public holidays. Barge transfers are subject to change and so Customers must confirm bookings with the Coordinator the day prior to travel. Scheduled times of departure and arrival are not guaranteed. HIE may change the route, the time and/or place of departure and/or arrival and shall not be liable to the Customer or any passengers for any inconvenience, expense, loss, damage or the failure to make travel connections.

13. A Temporary Vehicle Permit (“TVP”) sticker will be issued subject to approval by HIE. A vehicle requiring temporary access to Hamilton Island may not be transported on the Barge without a valid TVP sticker and no TVP will result in no travel. HIE reserves the right to refuse access to the Barge if a valid TVP sticker is not displayed on the vehicle windscreen at the bottom corner on the passenger side of the vehicle. The vehicle must be removed from Hamilton Island prior to expiry of the TVP if an extension of the TVP time period has not been sought.

14. Prior to boarding the Barge, any vehicles being transported will undergo the following inspections. If the vehicle fails any of the following inspections, the vehicle will not be permitted to board the Barge and travel to Hamilton Island.

    1. TVP sticker inspection: The TVP sticker will need to be displayed and visible on the windscreen or dashboard for Barge crew to inspect;
    2. Visual inspection: The vehicle must be in a roadworthy condition, mechanically sound, no apparent rust, good exterior and interior condition and appearance. Customers are directed to review the Vehicle Ownership Guidelines as applicable, including in respect to signage, and these are available at https://www.hamiltonisland.com.au/community-and-development/policies-forms.

15. To assist in preventing new pests, diseases and contaminants being introduced to Hamilton Island please ensure your vehicle is thoroughly washed down and free from any chemicals, animal matter, pesticides, soil/dirt, seeds and other plant matter. Please ensure you have reviewed your obligations under the Biosecurity Act 2014 (Qld) available at: https://www.daf.qld.gov.au/business-priorities/biosecurity/policy-legislation-regulation/biosecurity-act-2014/general-biosecurity-obligation.

16. Customers and their Personnel will abide by the Hamilton and Dent Island Rules and Regulations upon arrival available for review at https://www.hamiltonisland.com.au/community-and-development/policies-forms. Vehicles must be parked in accordance with HIE’s directions and must remain registered, clean, presentable and roadworthy.

17. If the Customer fails to pay the Fee or any charges due and owing to HIE in respect of these terms and conditions, then HIE may detain, relocate and sell the Customer’s property which is in HIE’s possession, and out of the monies arising from the sale, retain the charges payable to HIE and all charges and expenses of the detainment, relocation and sale.

18. If the Customer or their Personnel breach these terms and conditions, HIE may arrange removal of the vehicle from Hamilton Island or any other HIE owned or operated property, including without notification to the Customer, their Personnel or vehicle owner if they are not contactable within twenty-four (24) hours. Customers must pay HIE any removal costs.

19. Any emergency transport on the Barge will be subject to approval by the General Manager - Logistics and Supply on a case-by-case basis.

20. The Customer must do the following and warrants that they, and where applicable their Personnel, will:

    1. Be punctual for the loading of the Barge;
    2. Present, and also have their Personnel present, their applicable Hamilton Island ID Card to Barge crew or management prior to boarding the Barge;
    3. Drive vehicles on and off the Barge and turn off engines while in transit. HIE accepts no responsibility for this loading or unloading of vehicles, and it is the customers responsibility to ensure all loads are securely restrained, any load travelling to or from the Island will be refused travel if deemed to be unsafe by HIE personal. Only drivers are permitted in the vehicle when loading on the Barge and passengers are to wait in the allocated areas for boarding directions from the Barge crew or management. No person is permitted to remain in the vehicle or on the loading deck and instead must remain on the passenger deck during travel. Drivers are only permitted to return to vehicles and drive off the barge when directed by the Barge crew and all persons are to disembark as directed by the Barge crew;
    4. Provide accurate information in the booking request. The information on the authorised booking must match the property being transported. Any inconsistency found may result in a refusal to load the Barge or the removal of the property from the Barge and/or Hamilton Island or any other HIE owned or operated property at the Customer’s expense;
    5. Provide accurate information in the application for the TVP. The information on the application and the TVP must match the vehicle being transported. Any inconsistencies found may result in the removal of the vehicle from the Barge and/or Hamilton Island or any other HIE owned or operated property at the Customer’s expense;
    6. Maintain insurance for their employees, vehicles and property while using the Barge;
    7. At all times follow and carry out reasonable directions of the Master of the Barge, crew members of the Barge, HIE and HIE’s employees including but not limited to the safety of themselves, crew or other passengers. HIE may direct the Customer or their Personnel to relocate or move themselves or their property;
    8. Not smoke, vape or use e-cigarettes on the Barge;
    9. Not transport any animals on the Barge without HIE’s express written consent;
    10. Not order, send, store or transport any explosives, volatile spirits or other goods of a dangerous or flammable nature or any offensive item likely to endanger the Barge, Shute Harbour, Hamilton Island, any persons or any property. If the Customer seeks to order, send, store or transport any goods or substances of this nature they must seek express written permission from HIE in advance of transport;
    11. Be responsible for and secure property. Property must be secured as directed by the Barge crew so that it does not move around the Barge while in transit;
    12. Wear enclosed shoes;
    13. Be responsible for any damage, oil spills, deposits or any other substances on the Barge caused by the Customer and their Personnel and pay to HIE the costs of removal of any such substances or for damages when notified; and
    14. Acknowledge that they have read the Hamilton Island Privacy Policy available at https://www.hamiltonisland.com.au/general-business-privacy-policy;
    15. Not damage or otherwise impact the Barge service noting requirements under the Security of Critical Infrastructure Act 2018 (Cth).

21. To the maximum extent permitted by law, the Customer acknowledges that they, their Personnel and vehicle owners use the Barge at their own risk and, to the maximum extent permitted by law, the Customer, their Personnel and vehicle owners will not hold HIE, its directors, officers, owners, employees and agents liable for theft, property and/or vehicle damage, personal injury or any other injury, loss or damage relating to, concerning, or arising out of using the Barge except to the extent such damages and losses arose out of, was caused by, attributable to or resulted from HIE's negligence or wrongful act/omission.

22. The Customer further acknowledges that they must inform persons associated with them, including but not limited to vehicle owners and/or Personnel, to abide by reasonable directions, safety requirements and these terms and conditions as applicable.

23. To the maximum extent permitted by law, the Customer, their Personnel and vehicle owners release, indemnify and hold harmless HIE, its assignees, employees and agents from and against all claims, proceedings, costs, damages, liabilities and losses which HIE may become liable for in relation to this transaction, the transported vehicles and the Customer, vehicle owners and/or Personnel’s use of the Barge and Shute Harbour except to the extent such claims, proceedings, costs, damages, liabilities and losses arose out of, was caused by, attributable to or resulted from HIE's negligence or wrongful act/omission.

24. To the maximum extent permitted by law, the aggregate of HIE's liability to the Customer, their Personnel and vehicle owners is limited to an amount not exceeding the Fee.

25. Each indemnity and release in these terms and conditions is a continuing and independent obligation and survives the termination or expiry of these terms and conditions.

26. HIE is not responsible for any loss arising out of any occurrences or conditions beyond its control, including but not limited to acts of terrorism, act of God, defects in vehicles, war, strikes, theft, delay, cancellation, civil disorder, disaster, weather, Government regulations or changes in itinerary or schedule.

27. All travel documents, vehicle registrations, observance of laws and regulations in respect to the Customer’s property, vehicles and Personnel are the Customer’s responsibility.

28. Queensland law governs these terms and conditions and the courts of Queensland have the jurisdiction to hear a matter arising from these terms and conditions.