EXCLUSIVE CHARTER TERMS AND CONDITIONS

*Bond

Authorised Bond – Bond Amount: $1,500

The authorised bond will be held on the closest working day before your event to your chosen credit card. This will be held by your bank within the cardholder’s account for up to seven working days and then

automatically released by your bank if no damage has been done. Please note, the following conditions must be adhered to for your charter:

1. No person is to board the vessel
2. Substantial food is to be served and consumed throughout the duration of the charter as per RSA
3. In the event of uncooperative behaviour, as deemed by the operator, the captain reserves the right to terminate the charter.

Parties

1. These terms and conditions form the agreement between Tork Communications Pty Ltd T/A Prestige Harbour Cruises (referred to as “we”, “us” or “our” in this agreement) and the party specified in the Details (referred to as “you” or “your” in this agreement). In relation to the vessel known as “Hamptons Sydney”, referred to in this agreement as the “Vessel”.
2. This agreement comes into force immediately on your execution of it without the need for us to execute this agreement.

Pricing, payment of deposit and other amounts

3. All pricing under this agreement is based on the specified minimum number of guests. If your guest numbers are below the specified minimum number, you must still pay the price based on the minimum
4. Only pricing agreed to by us in writing is valid and
5. Surcharges may apply for charters on public holidays or special event
6. You must return this signed agreement and pay the initial deposit specified by us to secure your If you do not sign this agreement and pay the initial deposit, we will not hold your booking and we may allocate the Vessel to another client.
7. Additional instalment payments may be required by us at a time specified prior to the Charter
8. You must confirm final guest numbers, along with any other details at least 21 days prior to the Charter Date. You must pay the balance of the charter price at least 21 days prior to the Charter Date.
9. You must provide credit card details at least 21 days prior to the Charter Date to cover any extensions or additional costs (even if you will pay the cost by another means). We will pre-authorise the amount specified in the Details on that credit card. Provided there are no outstanding charges, within three working days of the conclusion of the Charter, the preauthorisation will be cancelled.
10. All payments made by credit card under this agreement will incur a surcharge.
11. Any modifications to the standard layout of the vessel, including removal of furniture will incur an additional fee as notified by us. You must not undertake any decorations or attach anything to the vessel without our prior written consent.
12. If you fail to pay any amount due under this agreement, we may engage a debt collector or solicitor to pursue You must pay all of our costs for engaging a debt collector or solicitor as a result of your failure to pay, in addition to any other amount due under this agreement.

Operation of Charter

13. We will nominate an appropriately qualified person to be in charge of the Charter and the Vessel for the duration of the Charter, referred to as the The Captain will be assisted by a team, and either the Captain or a member of said team, may also give directions on our behalf during the Charter.
14. The Captain is responsible for determining the safe operation of the Vessel during the Charter. The Captain may postpone, vary or cancel the Charter due to unsafe conditions (including due to weather warnings issued by the Bureau of Meteorology in Sydney Harbour, other conditions considered unsafe by the Captain or mechanical failure).
15. You may request the course to be undertaken by the Vessel during the Charter. However, we reserve the right in our sole discretion (as exercised by the Captain) to vary the course because of weather, wave height, traffic, Vessel survey conditions or any other reason which the Captain considers reasonably justified in the interests of the comfort or safety of passengers, the crew, the Vessel or other vessels.

Vessel

16. You must satisfy yourself regarding the suitability of the Vessel for the
17. We may substitute another vessel for the specified Vessel in the case of any unforeseen circumstances including mechanical breakdown. In such case we have no liability to you for any such substitution provided that the substituted vessel can supply the Charter and provide the level of services as originally agreed.
18. We reserve the right to upgrade, change or refurbish any part of the Vessel at our discretion. Such upgrade, change or refurbishment does not give you any right to cancel the Charter.

Duration of the charter and extensions

19. The duration of the Charter includes the time taken to embark and disembark members of your
20. We allow 15 minutes for embarkation and 15 minutes for disembarkation. We recommend that you advise your guests to be at the embarkation point at least 15 minutes before the designated time for embarkation. We are not responsible for any delays in embarkation, whether caused by the late arrival of your guests, delays at the wharf, crowds, arrival of other vessels, ferries or other matters outside of our
21. If disembarkation takes more than 15 minutes, you may be charged an extension of time in accordance with the following paragraph.
22. The Captain may on request agree to extend the time for a Extensions (either on request or additional time required for disembarkation) are charged in 30 minute blocks (for each 30 minutes or part thereof).
23. You must pay for extensions on or before the end of the
24. We may book other events on the Vessel up to 2 hours before the commencement of your Charter and 2 hours after the conclusion of your All arrangements by you, the client, for setup, decorations and other access to the Vessel must be agreed in advance.

Cancellations

25. If you wish to cancel the Charter at any time, the person who signed this agreement must provide written notice. In the event of a date change request, we will endeavour to do our best, according to the notice period given, to accommodate this amendment, however, additional administrative costs may apply with each change. Prices are subject to vary according to season of charter.
26. If the Charter is cancelled over 6 months before the Charter Date, provided we are able to rebook the Vessel on the Charter Date and time, we will refund your deposit minus our administrative costs.
27. If the Charter is cancelled less than 6 months and more than 21 days before the Charter Date, you must pay the initial deposit for the Charter on To the extent we are able to rebook the Vessel on the Charter Date and time, we will refund the amount we recover from rebooking the Vessel (up to the amount paid by you), minus our administrative costs.
28. If the Charter is cancelled less than 21 days before the Charter Date, you must pay the amount of the Charter in To the extent we are able to rebook the Vessel on the Charter Date and time, we will refund the amount we recover from rebooking the Vessel (up to the amount paid by you), minus our administrative costs.
29. If we are not able to rebook the Vessel on the Charter Date and time, you will not receive any refund on your cancellation of the Charter.
30. In the unlikely event of matters outside our control including unsafe conditions (as determined by the Captain, at the Captain’s discretion), mechanical failure or weather, we may cancel a If we cancel the Charter, we will provide you with a refund minus our administrative costs. Otherwise we have no further liability to you (or any other person) for such cancellation.
31. If we cancel the Charter, we may offer you an alternative time or date instead of a refund. If you accept the alternative time or date for the Charter, all amounts paid for the Charter Date will be applied to the new time or date for the Charter and our standard cancellation policies apply. Pricing may be subject to vary according to season.

Safety of guests and Vessel

32. You must ensure that you and your guests are responsible for their personal safety and the safety of the Vessel at all times during the Charter. You must ensure that you and your guests comply with all instructions from the Captain, the team, and any notices displayed on the Vessel.
33. You are responsible for the conduct of you and your You are liable for any damage to the Vessel, equipment or furnishings caused by you or any of your guests, unless damage is caused by our negligence. If we repair damage ourselves, you are liable to pay reasonable third-party costs for such repairs. We may charge any credit card provided by you for damage to the Vessel, excessive cleaning costs or other miscellaneous damages.
34. If we agree to allow you to decorate the Vessel, this must be done without the use of pins, nails, screws, staples, adhesive tape, tacks, or anything else that will leave a mark on or cause damage to the In such case, decoration will take place at a mutually agreed time and must be approved by us at all times.
35. You are solely responsible for all items brought on to the Vessel by you and your You must ensure that all items brought onto the Vessel, including gifts, flowers, decorations or any special food items, are removed at the conclusion of the Charter. We have no responsibility for damage or breakages of any items left onboard the Vessel. We may at our absolute discretion keep items (other than food) for up to 2 days after the Charter Date for collection. All food not removed from the Vessel (including wedding cake) will be disposed at the conclusion of the Charter.
36. In the event you hire any equipment (such as DJ equipment), additional fixtures or amenities from us, you are responsible for the safe-keeping and appropriate treatment of these items during the If damage has been caused by you, your guests or any appointed service member or representative, you are liable to pay for repairs or a replacement of these items.
37. You are solely responsible for making arrangements for any elderly person, frail person or person with special needs throughout the Charter, including having an appropriate carer for the duration of the Charter. The carer must assist the person on board and up and down On certain occasions, we may be able to cater for guests who are wheelchair bound. This must be discussed and where applicable agreed to by us in writing at the time of booking.
38. Any guests requiring assistance with mobility must arrange for a carer to accompany them to ensure safety in moving around the vessel.

Responsible Service of Alcohol

39. We have a “Responsible Service of Alcohol” policy that applies to you and your guests at all times during the We may refuse service of alcohol to any guests. If rowdy or unruly behaviour occurs, we may at the discretion of the Captain, terminate the Charter by berthing the Vessel at the nearest safe location and disembarking passengers, summoning the police to remove offending passengers or discussing some other course of action with you to resolve the issue. You must pay any costs associated with early termination of the Charter due to unruly, rowdy behaviour.
40. It is illegal to serve alcohol to persons under the age of 18 years. Identification is required for service. Persons under 18 years of age consuming alcohol on the Vessel will be removed.
41. You and your guests must not bring any alcohol or illegal substances onto the We reserve the right to search you or your guests on entry to the Vessel and to refuse entry to the Vessel.
42. Alcohol must not be taken off the Vessel at any time. Alcohol must not be taken onto a public wharf at any time.

Smoking

43. The Vessel has a no smoking policy in its lounge and dining areas. You may smoke in the designated smoking area.

Third party suppliers and other goods

44. If you wish to use third party suppliers you must first obtain our
45. We take no responsibility for loading and delivery of items, which will occur at times approved by

Liability

46. Our charters operate on busy waterways and are subject to the risks and perils of cruising on such waterways including loss, damage and injury arising out of or in connection with changing tidal and weather conditions and the navigation of other craft. To the extent permissible by law, we will not be responsible in tort, contract or otherwise, for any loss or damage arising out of injury or death sustained by you or any other passenger, howsoever arising and whether or not arising as a result of our negligence or failure to render due care and You enter into this agreement and book the Charter at your own risk. If however any guarantees, terms, conditions or warranties are implied into this agreement by any law of the Commonwealth or New South Wales, the exclusion of which would contravene that law or cause part or all of this clause to be void, then to the extent permissible by law we exclude all other guarantees, terms, conditions and warranties, and our liability for breach of such guarantee, term, condition or warranty is limited to the supply of the relevant Charter again or the cost of re-supplying the Charter.
47. We exclude all liability for any loss or damage to clothing or personal items/belongings howsoever arising and whether or not our liability arises in tort, contract or otherwise.
48. It is a condition of this agreement that any claim for loss or damage must be notified to us in writing within 7 days from the Charter Date, and any court action, suit or proceeding must be brought no later than one year from the Charter If you fail to comply with either of these conditions, we are forever discharged from all claims, suits, actions and/or proceedings relating to or arising out of or in any way connected with the Charter and we will be discharged from all liability whatsoever, including any liability for negligence.
49. Neither party will be liable to the other or a third party for any indirect, special, incidental, punitive, exemplary or consequential loss or damages (including, without limitation, loss of profits or loss of business opportunity), whether such damages are alleged as a result of tortious conduct (including negligence) or breach of contract or a liability arising under an indemnity or otherwise even if the other party has been advised of the possibility of such damages and regardless of whether any remedy in this agreement has proven ineffective.
50. We make every effort to cater for your special dietary requirements and If you have any special dietary requirements please inform us. However, we cannot guarantee that certain products will not be in our food, and we explicitly accept no liability in this regard. For serious food allergies you must make your own decisions on selecting meals. In an extension of this, we once again accept no liability for any BYO catering that has been brought onboard, or the way/condition food has been prepared, stored and transported to, during and from the vessel.

Governing law and general matters

51. We may contract or arrange for third parties to provide the whole or part of the Charter and any related services to you. You must not bring any claims or actions against such third parties. If you bring such a claim or action in breach of this agreement, you agree to indemnify us and the person against whom the claim or action is made against the consequences of that claim or You agree that in entering into this agreement, we are acting as the agent of and trustee for each of our employees, officers, agents and subcontractors, and each of these persons is deemed to be a party to this agreement will for the purpose of entitling each of them to enforce, have the benefit of and rely upon this agreement.
52. This agreement is to be governed by and is to be construed in accordance with the laws in force in New South Wales. Any action, claim, suit or proceeding arising out of or connected in any way with this agreement or the Charter will only be brought in the Courts of New South Wales.
53. If any part of this agreement is unenforceable, this will not affect the enforceability of any other part of the provision or any other No waiver or variation of this agreement will have binding effect unless such waiver or agreement is in writing and signed by us

COVID-19

54. Should there be a NSW Government issued COVID related lockdown and restrictions directly impact the ability of Hamptons Sydney to perform an event, any monies paid whether as a deposit, additional or full payment, will be allocated and postponed to a future date pending availability within a 12 month Prices are subject to vary according to season and may incur up-to-date administrative costs.

Should you decide to cancel an event and further NSW Government restrictions are not in place that prevent Hamptons Sydney from operating, our standard cancellation policy applies.