Aquabay

TERMS AND CONDITIONS OF CHARTER

1/        Definitions

In this agreement, the following terms have the following corresponding meaning:
(a)          “Charter” shall mean the vessel for which the “Client” is paying.
(b)          “Client” shall mean the person signing this agreement and any company, club, group or association embarked on the vessel on behalf of
                whom this agreement has been signed including the guest of any such member of any company, club, group or association.
(c)           “Company” shall mean Tork Communications Pty Ltd, trading as Prestige Harbour
                Cruises through which the Charter was booked.
(d)          ”Vessel” shall mean any vessel supplied for the purpose of the charter by the Operator.
(e)          “Operator” means the owner or operator of the Vessel as specified.

2/         Legally Binding Contract

(a)        The following terms & conditions apply to any services provided by Tork Communications Pty Limited (“Prestige Harbour Cruises”, “us”, “we”,
            “our”) and our partner Vessel Operators
(b)        Upon payment of the required booking deposit, you (any reference to “you” and “your” is inclusive of any and all passengers that you have
            booked on behalf of) agree to comply with the terms and conditions set out below.
(c)        On making a payment towards your booking you thereby acknowledge that you have read and understood the terms and conditions in full.

3/         Confirmation of Booking

3.1 Payment of amount to secure booking
(1) Your booking is not secured until we have received the deposit or payment in accordance with the type of charter that has been booked, unless otherwise agreed by us in writing.
(2) A tentative booking may be requested and held for maximum of 48 to 7 days (depending on the Operator), unless there is another request for the same time slot and date then the booking must be confirmed with a deposit.
(3) The deposit or payment applicable to secure your booking for your relevant charter is a 50% deposit of the price of the Private Charter.

3.2 Payment of balance – Private Charters
The remaining balance of the charter fee for Private Charters must be paid at least fourteen (14) days prior to the scheduled date of the charter. You are entitled to make payments for additional guests or services on authorisation up to the date of your booking. If the balance has not been paid within fourteen (14) days of the scheduled date of the charter/ cruise, Prestige Harbour Cruises reserves the right to cancel the booking with no deposit or any other funds paid for in relation to your booking to be refunded.

3.3 Payment of additional costs incurred on the day – Private Charter
An additional costs not covered by the balance payment, including but not limited to consumption bars must be settled on conclusion of the charter. If post charter payment of additional expenses has been pre-approved the payment will automatically charged to the credit card provided.

3.4 Confirmation by us
A Private Charter will only be confirmed upon receipt by us of the required deposit. Upon payment you agree to be bound by these booking conditions. We reserve the right to accept or reject the booking for any reason, including, without limitation, the unavailability of any product or service, an error in the price or the product or service description posted on our website or an error in your booking.

3.5 Validity of quotes
All quotes provided by us are only valid for a period of up to 7 days. Prices are subject to change at any time, and only guaranteed on confirmation of the booking where a deposit payment has been received.

3.6 Passenger bookings
Bookings must be made for all classes of passengers (infants, children, adolescents and adults), to ensure passenger numbers are not exceeded. Regardless of age each passenger is counted as one person.

4/        General Conduct, Safety & Operational Policy

4.1 Passenger conduct
(1) The safety of guests and crew is paramount at all times and all care will be taken to ensure a safe and enjoyable trip. The skipper has the sole discretion to do whatever is necessary to maintain safety of the guests and good order on the vessel and you and your passengers must comply with any such request.
(2) You agree to:
(a) always obey the safety instructions given by the skipper and other crew members;
(b) only exit or board the vessel once the skipper has advised it is safe to do so

4.2 Safety
You acknowledge and agree that:
(1) you must declare that you are in a fit and healthy state to undertake the events of your booking;
(2) you have no pre-existing medical condition or injury which would affect your competence on the vessel or water. It is recommended that if you or your guests have a medical consideration (such as a pregnancy) which may affect your ability to travel, that you should get the proper approval and opinion of a medical professional before boarding the vessel. By boarding the vessel with any medical consideration, you agree that the liability of Prestige Harbour Cruises and partner vessel operators is limited to the extent as outlined in the limitation of liability and risk warning in these terms.
(3) you must inform us prior to your scheduled booking date if you have any food allergies or health conditions which may affect your safety on the vessel;
(4) the skipper, crew, charter company and vessel owners accept no responsibility for your safety or for any injury incurred once you have left the vessel, whilst in the water or when re-boarding the vessel from the water. If you leave the vessel to enter the water, you do so at your own risk and you are solely responsible for any injuries incurred. Under no circumstances is entering the water allowed outside of daylight hours.
(5) jumping/diving from the vessel is dangerous and not recommended. You do so at your own risk.
(6) whether or not swimming is permitted on the day is at the sole discretion of the skipper. Nonetheless, we will not be held responsible for any injury or the death of any guest whilst in the water; and
(7) you will follow all directions made by staff in relation to the use of life jackets (as applicable to the events of your cruise) and in the case of an emergency. You may request access and use to the life jackets at any stage during your cruise and in doing so you agree to exercise reasonable care and caution when choosing when to wear your life jacket.

4.3 Times
Please note that cruise times include boarding and disembarkation. Please arrive at the pick up location 15-20 minutes before departure time. If a booking is made and you do not show up or arrive late, Prestige Harbour Cruises cannot guarantee cruise participation on an alternate cruise time or the extension of your private charter and no refunds will be provided. Excessive embarkation and disembarkation time may incur pro-rata charges in 15 minute timeslots.

4.4 Substitution of vessel
Prestige Harbour Cruises has the right to substitute a vessel for one that has similar features. Should there be any safety issues with, or damage to, the vessel that cause your charter to be cancelled, you will be given the option to reschedule or receive a full refund in accordance with these terms and conditions. For the avoidance of doubt, you will not be entitled to any refund or rescheduling if such damage is caused by you or your guests.

4.5 Loss of equipment and personal items
Prestige Harbour Cruises will not be held responsible for any personal injuries, equipment loss or damage sustained while participating in any of our charters. Passengers may get wet and are advised not to carry any valuables on them.

4.6 Smoking
Smoking may be permitted in a designated area on-board a vessel, please check with your Cruise Specialist before booking as some vessels have a non-smoking policy. Where smoking is permitted, respect and care for the environment is required. Appropriate ash trays for cigarette butts are provided on board the vessel. Any damage to the vessel caused by in appropriate disposal of cigarette butts will be charged to the client.

4.7 Skippers right to reschedule / terminate the charter
The skipper and Prestige Harbour Cruises reserve the right to end the charter at any time should any passenger conduct be deemed inappropriate; any passenger display signs of heavy intoxication or being under the influence of illegal substances; any passenger refuses to adhere to the direction of the skipper or any other crew member; any passenger not behave in a safe, responsible and respectful manner; or there be any damage to the vessel caused by any passenger. Any termination of the charter due to the above will not entitle you to any refund or credit (partial or otherwise).

4.8 Charter Course
The course to be undertaken during the Charter may be agreed in advance. The client acknowledges that the Master has the sole discretion at all times to take whatever action is necessary to protect and maintain the safety, welfare and good order of the vessel, its passengers and crew with regard to the weather conditions and other activity.

4.9 Rescheduling due to adverse weather conditions
(1) The skipper and vessel Operator reserves the right to make a determination on the day that the charter is to be rescheduled due to adverse weather conditions. This right solely rests with the skipper and vessel Operator and you are not entitled to reschedule your charter at any time due to current or forecasted weather conditions.

4.10 Change of activities / details / prices
All details / activities / prices listed on our website are subject to change without notice and which may for example occur due to weather conditions, special events or other matters outside of our control.

4.11 Indemnity
You agree to indemnify us (including any of our employees, officers, sub-contractors and vessel operator partners) from and against any and all losses, claims, actions, costs, expenses, fees, damages, fines and liabilities caused by a negligent act or omission by you or your guests, including but not limited to failure to comply with these booking conditions; failure to comply with directions given by the crew on the vessel; and/or reckless behaviour exhibited by you or your guests.

5/          Rescheduling and Cancellations

5.1 Rescheduling or Cancellations by you
(1) Please note that once a booking is confirmed, you should endeavour not to reschedule or cancel the booking as it will mean that additional costs and charges are payable by you.
(2) All rescheduling requests and cancellations must be made in writing and emailed to [email protected]

5.2 Private Charters – Standard rescheduling/ Cancellation terms
For Private Charters any reschedule or cancellation requested by you:

• Up to 60 days prior: Deposits paid will be refunded less an administration fee, so long as another booking is secured for the same date and time slot to an equal value. If another booking is not secured, the deposit will be non-refundable.

• 59-31 days prior: Deposit is non-refundable

• 30 – 14 days prior: Total monies paid are not refundable.

• Less than 14 days prior: Full payment is non-refundable

5.3  Government Enforced Operational Changes
(1) If the Government enforces stricter conditions and accordingly the Operator cannot accommodate your booked charter or ticketed cruise, you may reschedule your booking. (2) A change to the date or refund would only be allowed if Government orders or laws mean that the charter or ticketed cruise cannot proceed. A reschedule or cancellation for any other reason may be subject to our standard reschedule/cancellation policy.
(3) For any other reason rescheduling requests are subject to acceptance of the Operator and may be rejected or be granted on such terms determined by the Operator; and
if pricing for the new date selected has different rates, you will be required to pay the difference.
(4) If you have ordered catering for your cruise, and the cruise is cancelled or rescheduled within 7 days of the cruise date, subject to the vessel operators terms you may be required to pay for this catering, irrespective of the reason for the reschedule or cancellation.

6/      Food and Alcohol Policies

6.1 Food
(1) When making your booking, you may be given the option to accept or decline  catering services provided by the vessel operator.
(2) If you elect not to undertake the vessel operators catering services then you will be responsible for bringing your own food and drinks on the charter. You must bring a substantial amount of food that will be consumed in accompaniment with drinks for the duration of the charter. As an example, finger foods or appetisers are not considered a substantial amount of food. If you are unsure of the requirements of substantial food, please contact the Prestige Harbour Cruises team prior to your
charter date.
(3) If you have ordered catering for your charter, and the charter is cancelled or rescheduled within fourteen (14) days of the charter date, you will be required to pay for this catering, irrespective of the reason for the reschedule or cancellation.
(4) You must advise Prestige Harbour Cruises of any dietary requirements you require at
least fourteen (14) days prior to the scheduled date of your charter. Vessel operators will endeavour to accommodate your dietary requirements but makes no guarantee that all requests made will be accommodated for. 
(5) Pre-access (30 mins only) for delivery of BYO food and drinks will incur $350 fee. Once booked, the pre-access time and location will require a minimum of 24h notice for any cancellations or rescheduling. Failure to provide proper such notice will result in the forfeit of fees paid.
(6) No BBQ or other cooking appliances onboard. Microwave available for warm up only. Strictly no cooking is allowed by either clients or crew. Food must be prepared ready to serve. There is limited fridge space available for food storage
(7) Provided for your use good quality paper plates, multiple use good quality wine and champagne glasses and single use cutlery.

6.2 Alcohol
(1) All BYO alcoholic beverages will be handled and served by the crew, due to RSA regulations. Service of individual BYO beverages is not possible.
(2) If you are on a vessel where alcohol (including BYO alcohol) is available and you have elected not to undertake our catering services, then we reserve the right to deny you alcohol if we believe that the food that you have brought for yourself is not substantial enough to alleviate any safety or legal concerns with your consumption of alcohol.
(3) Alcohol will be refused to any intoxicated passenger on both BYO and licensed vessels and is only to be consumed by people 18 years of age or older (you must be able to provide proof of your age if asked by any of our staff).
(4) Passengers are advised to obey alcohol consumption RSA guidelines.
(5) The consumption of straight spirits/shots is not permitted at any time. Mixed drinks are only to be consumed with a standard drink measurement. BYO Spirits may be subject to pre-authorisation by the vessel operator.
(6) Red wine is not permitted on-board
(7) For BYO cocktail's a mixologist is required.
(8) Pre-delivery of alcohol may be possible with a fee of $100 (delivery must be within a 1 hour window). Deliveries accepted outside of this time additional fees will apply. A minimum of 24h notice for any cancellations or rescheduling. Failure to provide proper such notice will result in the forfeit of fees paid.
(9) Eskies are available onboard to keep your drinks cool, along with 2 bags of ice. Extra ice can be organised at an additional cost.

6.3 Illegal Substances
No illegal substances are to be brought or consumed on-board any vessels. If any passenger displays signs of being under the influence of illegal substances or there is any indication that illegal substances are being consumed on-board the charter will be terminated immediately without financial compensation. The Skipper reserves the right to alert the water police immediately without notification.

7/          Supervision of minors
1) Any and all passengers under the age of 18 or under any disability must be accompanied by a responsible adult, parent or guardian (Supervisor) who takes full responsibility for monitoring the supervised passenger’s behaviour.
(2) It is the responsibility of the Supervisor to supervise and care for children under 12 at all times throughout the cruise.
(3) We reserve the right to refuse any passengers under the age of 18 if we are not satisfied that the supervision of the minor is adequate to ensure the safety of the minor at all times during the cruise or for any other reason. This includes for any parties or events that are held on a private charter or ticketed cruise whether or not alcohol is being served.

8/          Security Bond

You will be required to pay a Security Bond (which we ordinarily hold through a credit card authorisation). The amount of the Security Bond applicable to the booking will vary according to the vessel selected.

8.1 Application of Security Bond
(1) You authorise us to deduct from the Security Bond all costs and expenses incurred, or to be incurred by us, in connection with any of the following matters:
(a) Any part of the vessel is damaged by you or the passengers in which case we will deduct such costs as are necessary to repair such damage. This may include an immediate deduction of the full Security Bond as soon as practical, with any excess funds to be returned once the full amount of damage has been assessed.
(b) The vessel is left in a state that additional or professional cleaning services are required beyond the regular routine in which case we will deduct such costs as are necessary to clean the vessel. Such deduction is at the absolute discretion of the vessel operator and the decision is final and binding.
(c) Your failure to comply with any provision of these terms and conditions, in which case we will deduct such costs as are necessary for any costs and damages suffered by us as a result of your breach.
(2) The amount of the Security Bond in no way limits any claims we may have against you.

8.2 Authorisation
You declare that the credit card details provided for the authorisation of a bond are true and correct.

9/     Private Charters

9.1 Application
This condition 9 applies in the event you have booked a Private Charter with us.

9.2 Declaration
(1) It is a requirement that the event, celebration or occasion for your private charter is declared truthfully and to the best of your knowledge at the time of booking. At times the type of event can affect the vessel suggested for your charter booking and can also impact on crew requirements.
(2) Where the type of event on the day differs to the details provided at the time the booking was made, the skipper reserves the right to end or cancel the charter booking. No refund will be offered. If additional costs are incurred by us to run your charter, these will be charged from the security bond.

9.3 Booking periods – Private Charters
Bookings may be restricted to a minimum/maximum duration, and specific timeslots for morning, afternoon and evening charters, subject to the vessel operations booking terms. Amendments to these terms and extension of charters are subject to pre-authorisation by the vessel operator. Request to extend your charter on the day will be subject to the vessel availability and authorisation by the skipper and/or vessel operator. 

9.4 Decorations
Decoration of a private charter vessel is allowed with the skipper’s consent, provided no damage occurs to the vessel when installing or removing these items. Prestige Harbour Cruises recommends that you keep decorative items simple and conservative. Confetti, glitter, flower petals, tinsel, crepe/tissue paper or other items that will shed, run colour or create excess mess on board the vessel are not allowed.

10/       Limitation of Liability and Risk Warning

10.1 Risk warning
(1) There are inherent risks and dangers on board any vessel and all passengers agree that their participation in the charter or any ticketed cruise tour is solely at their own risk. There may be risks of personal injury, loss of life, damage to or loss of property that can be associated with these activities. We will not be held responsible for any injury or the death of any passenger or damage to property whilst on board or at any other time.
(2) You are at all times responsible for the conduct of your guests and you shall be liable for any loss or damage to the vessel caused by you or your guests.
(3) By making a booking, you acknowledge, agree and understand that we offer hospitality and recreational services and activities (as defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law). You acknowledge that the above warning constitutes a ‘risk warning’ in accordance with the relevant legislation including the Civil Liability Act 2002 (NSW) and agree that you have chosen to participate in our services of your own volition.
You agree that, to the maximum extent permitted by law, your right to sue for personal injury and death or damage to property caused by any breach (that does not constitute a reckless breach by us) under any applicable legislation are excluded.

10.2 Limitation
(1) You further agree that, without limiting the foregoing, and to the maximum extent permitted by law, in no event will we be liable to any person in respect of any claim of any personal injury, loss, damage to property, death, illness, harm or economic loss suffered by you or any other person on a charter, whether consequential, direct or indirect and whether as a result of a breach of statute or statutory duty, in contract, tort (including negligence), equity, or otherwise in connection with your or that person’s participation in our services, or of a third party over whom we have no direct control, or any other event which is beyond our control or which is not preventable by reasonable diligence on our part.
(2) To the maximum extent permitted by law, our liability cannot exceed the amount paid for the charter or the resupply of the services.
(3) There is always the risk that in the case of an emergency or injury we are unable to arrange for the early exit from the vessel. In such an instance, we will assist to the best of our capacity given the context of the situation to provide any necessary medical support.

10.3 Australian Consumer Law
(1) Your purchase of our goods and services are subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides You with certain rights that cannot be excluded, including that the Services must be of acceptable quality, reasonably fit for the purpose that We represent they will be fit for and that the Services will correspond with any description.
(2) Nothing in these terms will be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.

11/        Government Orders, COVID-19 and events outside our control

11.1 Events outside of our control
If any event that is beyond our reasonable control occurs (aside from adverse weather conditions, in which case condition 4.9 applies) and which renders us unable to administer our services, then we reserve the right to administer alternative arrangements at our sole discretion, which may include but is not limited to rescheduling or cancelling your booking,

11.2 Your compliance
(1) Prestige Harbour Cruises and it’s partner Operators are classified as falling under the Travel, hospitality and recreational sectors, and as such all of its customers agree to comply with all relevant government orders in general. This includes any orders and requirements of the Australian government relating to COVID-19.
(2) We reserve the right to refuse any customer to board any of our partner vessels if
they have not complied with any relevant and applicable government orders or specific Operator terms.
(3) Any such refusal made under this condition 11, does not entitle to you a refund or rescheduling (any rescheduling remains under the sole discretion of our vessel Operators).

11.3 Government orders
(1) We are currently accepting bookings that are within our COVID capacity and in accordance with the relevant government guidelines and travel restrictions. This capacity can change based on government orders.
(2) Based on current guidelines at the time your booking is confirmed, the cruise can proceed on your selected vessel, and we have altered some of our operations on board to work with COVID safe guidelines.
(3) We reserve the right to refuse entry of anyone on the vessel if it will cause non-compliance with any Government order, law or specific operator terms.
(4) Closure of state borders should not be deemed a reason for a reschedule/cancellation based on the below policy, if we can operate under NSW government orders.

11.4 Rescheduling and cancellations
(1) If the Government enforces stricter conditions and accordingly we cannot accommodate your booked charter, you may be given the following options:
(a) reschedule for a date within six to twelve (6-12) months of your original booked date; or (b) subject to vessel operators authorisation obtain a refund of any monies paid, minus an administration fee.
(2) The option selected at the time Prestige Harbour Cruises contacts you to advise your cruise has been affected will be deemed the final decision. You cannot change from a reschedule to a refund at a later date or vice versa.

12/        Media Release and Waiver

12.1 Consent
(1) You and each passenger hereby consent Prestige Harbour Cruises and their vessel operator partners to take, or have taken by others, your photographs, digital images, audio, video footage and/or any other recording (Images); and publish the Images in any form, in whole or in part, and distribute them in any medium including, but not limited to, print media, the internet, our social media accounts, other multi-media uses, advertisements or graphic representation in connection with our business.
(2) To the extent that the images contain another person who is:
(a) under the age of 18, you consent to the use of their Images in accordance with this form and warrant that you are the parent or guardian of that child; and/or
(b) over the age of 18, you confirm and warrant that they have consented to the use of their Images in accordance with this form.
(3) If you do not wish for any pictures of you to be taken, please inform our staff prior to your cruise that you do not consent and we will make the appropriate arrangements.

12.2 Waiver and acknowledgements
You acknowledge and agree that the Images are the absolute property, and remain in the ownership, of Prestige Harbour Cruises and their partner operators. You confirm that neither you nor any other person in the Images will be paid for giving this permission and you hereby waive any claim that you may have had for any remuneration, residuals, royalties or any other payment in respect of use of the Images. You cannot make any claim (of any nature) against, and hereby discharge, Prestige Harbour Cruises in connection with the use of the Images in accordance with this condition.

12.3 Communications
You must not distribute, communicate or disseminate any material or information or message on any medium or platform (whether online or offline) which may damage, defame or otherwise negatively affect the reputation of Prestige Harbour Cruises or our vessel operators. You acknowledge that a breach of the above covenant may result in loss and damage to Prestige Harbour Cruises and our vessel operators and Prestige Harbour Cruises reserves the right to terminate the booking and/or seek damages against you. This condition continues to apply at all times, including after the charter.

13/       Jurisdiction

Australian law governs this agreement and the parties agree to submit to the jurisdiction of the Courts of the state in which the vessel is registered in respect of any disputes arising between them.

14/        Acceptance

By making a deposit or full payment for your booking, you acknowledge and agree that you have:
(1) read and understood the Prestige Harbour Cruises terms and conditions in full and agree to comply with any and all of your obligations under these terms and conditions.
(2) You provided these terms and conditions to all of your guests/passengers, and they have also agreed to the same.