This statement sets out the risks involved in cruises and activities operated by Bay of Islands Rock Cruises Ltd, trading as The Rock Adventure Cruise, and the terms on which those activities are offered. It applies to all guests undertaking activities offered during a cruise, including those travelling on a ticket purchased by someone else.
Understanding the Risks
This activity inherently involves risks and potential hazards. These include but are not limited to:
- Boarding and disembarking the tender and The Rock — slips, trips, falls, crushing.
- Changing weather conditions — sea state, moving vessel, exposure to the elements (wind, cold, rain, sun, heat), unforeseen events, natural hazards.
- Water activities — swimming, snorkelling, paddle boarding, encounters with marine creatures, cuts and grazes, missing person, person adrift, drowning.
- Island walks — uneven terrain, slips and trips, cliffs and steep drop-offs, getting lost.
- Chemicals — poisoning, burns.
- Remote location — medical facilities and immediate access to medical care are limited and may be significantly distant.
- Vessel emergencies — person overboard, vessel grounding, steering, loss of engine power, fire, abandon ship, encounters with marine mammals.
- Natural hazards — tsunami, waterspout, wildfire.
- Personal property — risk of damage to personal property.
Participating in the activities offered during a cruise with The Rock Adventure Cruise can be hazardous if not conducted with care, control and responsibility. These risks could result in injury, physical or mental, or death.
Medical and Health Conditions
Guests must inform the crew of The Rock Adventure Cruise — before undertaking an activity, or on boarding — of any medical conditions, previous injuries, or medication that may affect their ability to take part.
Guests are expected to be physically fit and able to participate, and should not take part in an activity if a qualified medical person has advised otherwise.
By taking part in the activities, guests consent to receive any medical treatment that The Rock Adventure Cruise deems necessary in the event of injury, accident or illness.
It is each guest's responsibility to disclose any condition, health-related or otherwise, that may affect the safety and enjoyment of themselves or those around them.
Conditions of Participation
Guests are required to move with care and to follow the rules set out by The Rock Adventure Cruise and any instruction given by the crew or a company representative, at all times.
A guest who does not follow instructions or rules, or who acts dangerously, recklessly, or in a way that endangers themselves or others, may be removed from the activity. No refund is given in this circumstance.
The Rock Adventure Cruise reserves the right to cancel any activity if it becomes concerned for the safety of a guest or another person.
Guests must wear appropriate clothing and use or wear all safety clothing and equipment required by the crew, at all times while participating.
Limited Liability of The Rock Adventure Cruise
Where a guest acts recklessly or intentionally, or does not follow rules or instructions they have been made aware of, The Rock Adventure Cruise is not responsible for any injury, damage or loss caused to that guest or their property, or to another person or their property, resulting from that action or inaction.
Liability of the Vessel Owner
The owner(s) of The Rock, on which the activities are conducted, are not responsible for any death, injury, misadventure, or damage to or loss of property caused in whole or in part by these activities.
Damage to Property or Equipment
A guest who damages clothing, equipment or other property owned by The Rock Adventure Cruise is responsible for the costs of repairing that damage.
Drugs and Alcohol
Guests must not be under the influence of intoxicating alcohol or drugs, legal or illegal, in any way that could impair their ability to undertake the activity.
Marketing
The Rock Adventure Cruise may send guests emails and/or posts about Rock Adventure Cruise events or promotions, and may use photos and video taken during the activities for promotional and social media purposes.
Acceptance
By purchasing a ticket and undertaking the activities, a guest accepts the risks and hazards described above and all other terms of this Risk Disclosure Statement.
This also applies to everyone travelling on that ticket: by taking part in the activities, they are considered to have been informed of, and to have accepted, the terms of this Risk Disclosure Statement.