Azura

Terms and Conditions for Azura
TERMS AND CONDITIONS OF CHARTER

1/ Definitions
“Charter” means the hire of the Vessel for which the Charterer has paid.
“Charterer” means the person who makes the booking, and the group, company or guests travelling on the Charterer’s behalf.
“Company” means Prestige Harbour Cruises, through which the Charter was booked.
“Vessel” means Azura, an Axopar 37.
“Operator” means Opaline Charters Pty Ltd (ACN 703 425 138), the owner and operator of the Vessel.

2/ Bookings
The Company and the Operator may accept or reject any booking, including because of unavailability or an error in pricing or description.

3/ Tentative bookings
Tentative bookings are held for up to 7 days. If another request is received for the same date and time, the booking must be confirmed with a deposit.

4/ Deposit
A deposit of 50% is required to confirm the booking unless otherwise agreed. Once it is received, the booking is confirmed and these terms apply.

5/ Security bond
A security bond of $1,000 is preauthorised on the Charterer’s credit card before departure. The Operator may apply it to loss, theft or damage to the Vessel or its fittings, additional services, excessive cleaning, toilet blockages and any other costs caused by the Charterer’s group. The bond, or what remains of it, is released 7 days after the Charter.

6/ Cancellations
All cancellations must be in writing.
a) 31 days or more before the Charter: the deposit is non-refundable.
b) 30 to 14 days before: all monies paid are non-refundable.
c) Less than 14 days before: full payment is non-refundable.

7/ Government health restrictions
If government restrictions mean the Charter cannot run, the Charterer may reschedule to a like-for-like date within 6 months. Any difference in price between the two dates is paid or credited. A reschedule or cancellation for any other reason is subject to the standard cancellation terms. Catering ordered for a Charter that is cancelled or rescheduled within 7 days of the date may still be charged.

8/ Final details and payment
a) The final guest numbers and any dietary requirements are due 14 days before the Charter. These are the minimum numbers for catering. Numbers may increase if agreed, but not decrease.
b) The final balance is due 14 days before the Charter unless otherwise agreed.
c) A booking management fee may apply through the Company, covering administration and payment processing. Payment is by EFT or credit card.

9/ Capacity
The Vessel carries up to 10 guests on Sydney Harbour (8 in the cabin and 2 on the bow loungers) and up to 6 offshore. An extra deckhand takes one passenger place. All guests, including children, count toward capacity.

10/ What’s included and additional charges
The hire price covers the whole Vessel with a skipper and fuel. Public holidays carry a 25% surcharge, and December and January are charged at the peak rate. Wharf fees, an extra deckhand, ice, lily pad hire, pre-charter access, BYO fees and the Manly surcharge are extras. Additional charges on the day, including extensions, extra guests, services and waiting time at wharves, are charged to the credit card on file or taken from the security bond.

11/ Food, drink and alcohol
a) The Vessel has no galley. Catering arrives ready to serve (minimum 2 guests) and must be confirmed at least 24 hours before departure.
b) Guests may bring their own food and drinks, subject to the BYO fees. Alcohol is not sold on board.
c) No glassware or crockery is allowed. Bottled beer and white wine are permitted. Red wine is not permitted.
d) Shots are not permitted on board.
e) Intoxicated guests will not be permitted to board. The Charterer is responsible for the responsible consumption of alcohol by their group.

12/ Smoking and behaviour
a) Smoking and vaping are permitted on the aft deck only, with butts placed in the container provided and never overboard.
b) Illicit drugs, nudity and indecent or unsafe behaviour are prohibited. The skipper may end the Charter and return to the nearest wharf, with no refund.

13/ Items not permitted on board
Heavy metal objects, hard metal or plastic coolers, and heels or shoes with marking soles. Flat shoes or bare feet only.

14/ Toilet
Only toilet paper may go into the marine toilet. Blockages caused by misuse are charged at a minimum of $450 from the security bond.

15/ Substitute vessel
If the Operator can’t supply the booked Vessel, the Company may provide another vessel so the Charter can go ahead. If none is available, a refund is given.

16/ Weather
Charters go ahead unless the skipper decides conditions are unsafe. The Vessel does not operate in around 30 knots or under a marine weather warning. Rain or light wind alone is not a reason to cancel. If a Charter is postponed for safety, it is rescheduled to the next suitable date, and the deposit is held for the new date.

17/ Charter course
The course may be agreed in advance. The skipper has sole discretion to take whatever action is needed to protect the safety and good order of the Vessel, its passengers and crew.

18/ Boarding and disembarking
The Vessel docks at the times on the booking confirmation. Guests have 10 to 15 minutes to board and disembark. Excess time is charged at a pro-rata hourly rate.

19/ Responsibility of the Charterer
The Charterer is responsible at all times for the conduct of the group, and must pass these terms on to all guests before boarding.

20/ Damage to the Vessel
The Charterer indemnifies the Operator and the Company for loss or damage to the Vessel, its equipment or fittings caused by the group. Fair wear and tear excepted.

21/ Limit of liability
The liability of the Operator and its staff and agents is limited in accordance with the Limitation of Liability for Maritime Claims Act 1989 (Cth). Any claim for loss or damage must be notified in writing within 7 days of the Charter, and any court action brought within 1 year. Nothing in these terms excludes rights under the Australian Consumer Law.

22/ Indemnity
The Charterer indemnifies the Operator and the Company against losses, claims and costs caused by the negligent act or omission of the group, including failing to follow the skipper’s or crew’s directions, failing to comply with these terms or any warning sign, unsafe behaviour, misuse of equipment, and intoxication or drug use.

23/ Risk warning
There are inherent risks on board any vessel, including slippery decks, boat movement and marine life. All passengers take part at their own risk.

24/ Swimming and lily pad
Swimming is only permitted in daylight, when the Vessel is stationary and at anchor, and at the skipper’s discretion. The Charterer confirms that anyone entering the water is a competent swimmer. Lily pad use is by arrangement and charged as an extra.

25/ Photography
Photos or video may be taken during the Charter for marketing. Tell the Operator before departure if you do not agree. Commercial shoots and brand activations require prior written approval and are quoted separately.

26/ Jurisdiction
The laws of New South Wales govern this agreement, and the parties submit to the courts of New South Wales.

27/ Acceptance
By accepting the quotation and paying a deposit, the Charterer agrees to be bound by these Terms and Conditions.