Terms and conditions
This agreement is for the charter of a vessel by the Charterer, operated by the Operator (see Parties below) and covers the rights and obligations of the Parties.
1. Definitions
Charter - the cruise for which the Charterer is paying and the Operator is providing Charterer - the client of the Operator, who is paying for the Charter
Charterer's Group - all the passengers who will take part in the Charter Master - the qualified person in charge of the vessel
Operator - the person or organisation providing the vessel for the Charter and to whom the money is being paid by the Charterer
2. Parties
(i) The Charter Agent (ii) the Operator, and (iii) the authorised representative of the “Organiser”
3. Terms
(i) A deposit of fifty percent of the agreed total amount or the full vessel hire fee of the Charter is to be paid on booking.
(ii) Method of payment may be by cash, eftpos, Electronic Funds transfer or credit card (Visa, Mastercard, AMEX).
(iii) The Balance of the charter fee is to be received fourteen days prior to the date of the Charter. We may also require a progress payment; this will depend on your charter and will be on a case by case basis. Payment may be made by any of the methods listed in (ii).
(iv) Should the catering amount be vary on the day due to increased numbers or where beverages are on a consumption basis, a credit card number will be required and an amount will be held as an authorised bond. The bond amount may vary depending on the vessel and numbers of passengers.
4. Bond
A bond, in the form of a credit card authorisation, must be paid before the commencement of the voyage, which will be refunded within seven days of the Charter, unless any of the following have occurred. The amount of the bond will be $2000 unless otherwise stated. The occurrences, which will affect repayment of the bond, in part or in full, are (i) loss of or damage to the vessel or its equipment or fittings, caused by members of the Charterer's Group;
(ii) an amount of uncleanliness in excess of what is reasonable, caused by members of the Charterer's Group, given the nature of the Charter, which, in the sole discretion of the Operator, therefore requires an excessive amount of cleaning to make good; (iii) unruly behaviour, by members of the Charterer's Group, to the extent that the Master, in his sole discretion, in the interests of the safety of the vessel and other passengers and its crew, decides that the Charter must be terminated early. iv) Breach of Charter Conditions.
Failure to wear non-marking footwear, may result in a cleaning charge.
5. Limit of Liability
(i) It is a condition of the Charter that the liability of the Operator, its servants, agents and sub-contractors is agreed to be limited in accordance with the Limitation of Liabilities and Maritime Claims Act 1989 (Cth). (ii) To the extent permitted by law, any liability of the Operator for a breach of any provisions of this agreement or related obligations shall not exceed re-supply or the payment of the cost of re-supply of the service in question
6. Damage to the Vessel
The Charterer shall indemnify the Operator in respect of any loss or damage to the vessel or its equipment or fittings howsoever caused by members of the Charterer’s group, fair wear and tear excepted.
7. Indemnity
The Charterer agrees to indemnify and hold harmless the Operator, its agents and employees, from and against any and all losses, claims, actions, costs expenses, fees, damages, fines and liabilities (including reasonable legal fees) caused by any negligent act or omission by the Charterer or members of the Charterer’s group.
8. Force Majure
The Operator will be free from liability for failing to perform hereunder due to industrial action, unsuitable weather conditions, technical problems or other events beyond the Operator’s reasonable control. Your charter will be postponed and rescheduled within a 3 month period.
9. Cancellation
(i) Deposits for all November - December and Public Holiday bookings are non-refundable. If the Charterer cancels the Charter within 30 days of the date of the Charter, the deposit will be forfeited. If charter is cancelled inside 14 days the whole charter fee which may include catering, wharf fees, alcohol and wait staff will be forfeited. If notice of cancellation is 31 days or greater the deposit will be refunded less a 50% booking and administration fee. (ii) If the Operator cancels the Charter, the charter amount will be refunded.
10. Duration of the Charter
(i) The duration of the Charter includes the time taken to embark and disembark passengers. (ii) The Operator is not responsible for any delays caused by the late arrival of passengers or delays at the wharf caused by crowds, the arrival of other vessels or any other item beyond its control. It is similarly not responsible for delays at the point of disembarkation for reasons outside its control. (iii) The operator reserves the right to pull in to the point of disembarkation 10 minutes prior to the scheduled time for disembarkation, at which point music will be switched off. (iv) If the time for disembarking passengers takes longer than 15 minutes beyond the scheduled end of the Charter, the Charterer will be charged for this time and for every 15 minute period thereafter pro rata of the vessel charge. If the Master is required to vacate the disembarkation point in order to let other vessels berth, this time will also be charged for at the same rate. (v) If the Charterer seeks to extend the duration of the Charter, during the Charter, this extension will be at the sole discretion of the Master and will be for a maximum of one hour. (vi) Any such agreed extension will be paid for by the Charterer before the end of the Charter by cash or credit card. The amount will be pro rata of the vessel charge. 12. Suitability of the Vessel (i) It is the responsibility of the Charterer to inspect the nominated vessel at some time prior to the Charter, to determine its suitability. (ii) It is the responsibility of the Operator to present the nominated or substituted vessel to the Charterer, at the time of the Charter, in the condition agreed to at the time of this inspection.
11. Garbage
Bin liners are provided for the disposal of garbage. Failure to use them for the disposal of all garbage may result in the Operator exercising his rights under C7.
12. Evacuation on Overnight Charters
If the Charterer requires evacuation overnight, a charge will apply except in an emergency. An emergency is determined at the Operator’s discretion.
13. Decorations
If the Charterer wishes to decorate the vessel, this must be done without the use of pins, adhesive tape, tacks or anything which will leave a mark on the vessel; string is suggested as an alternative.
14. Charter Course
The course to be undertaken during the Charter may be agreed in advance with the Operator or with the Master on the day of the Charter; however, the Operator reserves the right, at its sole discretion or of that of the Master, to vary the agreed course because of weather, traffic or any other cause which the Master believes is justified in the interests of the safety of passengers, crew and other vessels, at the Master's sole discretion.
15. Substitution of a Vessel
In the unfortunate event of a breakdown, the Operator may substitute another vessel for the one originally contracted for and shall incur no penalty provided that the substituted vessel satisfactorily provides the service originally contracted for by the Charterer.
16. Alcohol (unlicensed vessels)
Rowdy or unruly behaviour, as a result of excessive consumption of liquor, is against the RSA Law and offenders may be liable to prosecution. All leftover alcohol will need to be removed from the vessel or collected the following working day. Given that the vessel is not licensed, it is the responsibility of the Charterer to ensure that the RSA Laws are complied with, in particular, to ensure that alcohol is not served to those in the Charterer's Group who have already had a sufficient amount, are intoxicated or who are under the age of 18 years. Substantial food (cold meat selection, BBQ meats, salads, seafood, bread) must also be brought on board all BYO vessels by the Charterer, if you arrive without substantial food the vessel will not leave your pick up point. Alternatively we can arrange to have food delivered to another wharf i.e. Pizza delivery. If any of the Charterer's Group exhibits any of the following behaviour: Aggressive or anti-social behaviour - inability to walk unaided – vomiting - slurring their words - shouting drinks for others over-generously will be deemed to have had a sufficient amount of alcohol. If the Charterer or any members of the Charterer's Group exhibit the following behaviour, the Master may, at his sole discretion take the following action: (i) Terminate the Charter by berthing the vessel at the nearest safe location and discharging all passengers or, at least, the offending ones; (ii) Summon the Water Police to remove offending passengers; (iii) Negotiate with the Charterer to agree on some other course of action to resolve the problem, which course of action must be satisfactory to the Master. If the Charter is terminated early, as in (i) of this clause, no money will be refunded to the Charterer. Note also that it is an offence for individuals to carry open liquor from the vessel on disembarkation. Therefore, 10 minutes before the end of the Charter, alcohol service will cease so that all bottles and cans can be repacked into the containers in which they were brought on board, for removal by the Charterer. Any unruly, rowdy or other illegal behaviour on disembarkation may result in the Charterer's bond being forfeited.
17. Alcohol (licensed vessels)
Rowdy or unruly behaviour, as a result of excessive consumption of liquor, is against the RSA Law and offenders may be prosecuted. As the licensee, the Operator has onerous responsibilities for the responsible serving of alcoholic drinks, in particular, to ensure that alcohol is not served to those in the Charterer's Group who have already had a sufficient amount, are intoxicated or who are under the age of 18 years. If any of the Charterer's Group exhibits any of the following behaviour: Aggressive or anti-social behaviour - inability to walk unaided – vomiting - slurring their words - shouting drinks for others over-generously will be deemed to have had a sufficient amount of alcohol.
18. Jurisdictions and Choice of Law
The law of New South Wales governs this agreement and the parties agree to submit to the jurisdiction of the Courts of New South Wales in respect of any dispute arising between them.
19. Unsafe Weather
If the weather is dangerous for boating, at the discretion of the Operator as well as the vessel’s Master, we will postpone and reschedule the charter. Rescheduled Charters must be used within 6 months of the original booking date. Payment will still apply for catering, wait staff and wharf booking fees. If you choose not to reschedule, then cancellation fees will apply as per C9(i).
20. Acknowledgement of T&C's
The Charterer acknowledges that he or she has read and understands the terms and conditions, 1 – 20, set out in this agreement and has conveyed these terms and conditions to members of the Charterer's Group.
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