Terms and Conditions
The booking customer is deemed to have accepted the following Terms and Conditions for both “Booking” and “Cruising”, upon payment of their deposit. These “Terms and Conditions” form part of the contract between the booking customer and The Operators of MV Bacchus (herein after referred to as The Operators of MV Bacchus). When a cruise is booked by an agent on behalf of a customer, the agent is required to forward these “Terms and Conditions” to the customer. The Operators of MV Bacchus, as operator of the MV Bacchus and any third-party agent or operator connecting to or providing agency services are independent of each other.
Booking Terms and Conditions
1. Booking Reservations
The Operators of MV Bacchus does not hold reservations without a deposit. A cruise booking will only be confirmed upon payment of the deposit, referencing the cruise booking invoice details as issued by The Operators of MV Bacchus.
2. Cancellation and Amendments to Cruise Bookings
The Operators of MV Bacchus at its discretion, may allow the cancellation or amendment of a cruise booking. Please refer to “Refund Conditions” in these Terms and Conditions.
3. Passenger Numbers
The Operators of MV Bacchus’ quoted price is only applicable for the number of passengers advised at the time of booking. If passenger numbers increase, additional crew may be required in accordance with Australian Marine Safety Authority (AMSA) guidelines and therefore a subsequent charge incurred by the hiring customer. Please advise The Operators of MV Bacchus within 48 hours of the booked cruise date of any changes to the quoted passenger numbers. No refunds are available in the event of reduced numbers or no-shows.
The Operators of MV Bacchus’ vessel, the MV Bacchus may carry, a maximum of 47 persons on the Gold Coast Broadwater in designated “smooth waters” and in Moreton Bay in designated “partially smooth waters”.
4. Cruise Cancellation by The Operators of MV Bacchus
If, for any reason, The Operators of MV Bacchus’ owner, employees, contractors, or agents cancel a cruise on, or prior to, the day of cruising, an alternative cruise date shall be offered in compensation for the cancellation. A refund will be offered where an alternative date is not suitable e.g., in the instance of a time-critical event. The hirer (customer) shall have no additional claim against The Operators of MV Bacchus, its owners, management, agents, and contractors.
Note: Inclement weather is not an acceptable reason for cancellation unless cruising is deemed dangerous by The Operators of MV Bacchus, the MV Bacchus’ Skipper or owners, or AMSA.
Please note: Official port or river closure due to extreme weather, flooding or other event is out of The Operators of MV Bacchus’ control, therefore any impacted cruise is not deemed to be cancelled by The Operators of MV Bacchus. As such, The Operators of MV Bacchus will endeavour to reschedule any impacted cruise once the port or river has been deemed safe again to cruise.
5. Cruise Cancellation by Customer
Please advise all cancellations in writing to Prestige Harbour Cruises, via email to cruises@prestigeharbourcruises.com.au. We will contact the customer to reschedule the cruise to another date (re-booking costs may apply) OR confirm the cruise cancellation. Please refer to The Operators of MV Bacchus’ “Refund Conditions”.
6. Refund Conditions - When a Cruise is Cancelled by the Customer
If cancelled more than 30 days prior to your booked cruise date Cancellation Fee – no charge applied
Booking Deposit – retained by The Operators of MV Bacchus for a rescheduled cruise (to occur within 6 months of the original cruise date) OR a full refund, less the booking deposit, will be issued. Note: with rescheduled cruises, any changes to staff or wharf costs will be reflected in an updated invoice issued by The Operators of MV Bacchus, if required.
If cancelled within 30 days prior to your booked cruise date No refund available
All monies retained by The Operators of MV Bacchus. The customer can reschedule the cruise (to occur within 6 months of the original cruise date), however an administration charge of $500 will apply to the new booking along with any increases to staff or wharf costs, if required.
7. Staffing of the Vessel
The Operators of MV Bacchus will staff the vessel with the following crew in accordance with the following:
• Less than 25 passengers (1 Skipper and a minimum of 1 Deckhand)
• Between 25-35 passengers (1 Skipper and a minimum of 2 Deckhands)
• Between 36 - 46 passengers (1 Skipper and a minimum of 3 Deckhands)
Note: Additional crew/staff may be required given the nature of the function intended for the cruise
8. Skipper Instructions
All passengers shall comply with any direction given for the safety of the vessel and comfort of passengers and agree that wilful disobedience means that they may be immediately taken to the nearest pontoon, or the boarding dock without refund. It is a condition of boarding that a passenger indemnifies The Operators of MV Bacchus for any damage caused by that passenger.
9. Swimming
Swimming is only permitted on charters longer than 4 hours. If any person enters the waters without permission for any reason, the cruise must be terminated under Maritime Law and the MV Bacchus returned to dock. No refund will be provided for shortened cruise time.
10. Smoking on Board
Passengers will be advised of the smoking area/s at the beginning of the cruise, during the safety announcement. Should passengers be found to be smoking in other/non-smoking areas of the vessel, they will be directed to the smoking area.
11. Catering
Catering options such as finger food, platters and meals are available and should be discussed with The Operators of MV Bacchus at the time of booking.
12. Responsible Imbibition of Alcohol
The Operators of MV Bacchus is bound by the Queensland Liquor Act and must abide by the guidelines for the responsible service of alcohol, even though we are not licensed. Please note that it is an offence for individuals to carry liquor from the vessel following a cruise. Alcohol must not be supplied/given to those passengers under the age of 18 and should a passenger/s exhibit any signs of concerning behaviour, bar staff may refuse further service of alcohol.
13. Safety Compliance and Misbehaviour
Dangerous or illegal activity during a cruise may result in immediate termination of the cruise and a return to the departure dock at the discretion of the Skipper. The Skipper of the vessel reserves the right to terminate the cruise and return to the nearest drop off point without any compensation to the passenger or booking agent.
The Operators of MV Bacchus complies with AMSA safety requirements and regulations. A safety briefing applicable to the cruise shall be given at the start of a cruise. The Operators of MV Bacchus will endeavour to take the following steps (except as detailed in “Termination of Cruise”), prior to the premature termination of a cruise:
1. Crew will speak directly with the passenger/s who are displaying concerning behaviour. Crew will attempt to advise the Skipper, and the customer that concerning behaviour has been noted. Bar service to the offending passenger/s will be ceased and they will be advised that should their behaviour continue, they will be offloaded and met by land-based Queensland Police at the wharf or removed from the vessel by Water Police.
2. Crew will advise the Skipper if the concerning behaviour continues, and the Skipper will summons the customer to the bridge/wheelhouse. The customer will be formally advised of the Skipper’s intention to offload the offending passenger/s or terminate the cruise should the concerning behaviour continue. The customer will be asked to speak to the passenger/s of concern.
3. If the concerning behaviour continues the offending passenger/s will be offloaded at the nearest wharf and met by land based Queensland Police or removed from the vessel by Water Police.
4. Should the concerning behaviour be widespread or of a serious nature, the Skipper may advise the crew to close the bar, stop the music, raise the house lights, muster all passengers on the main deck, and prepare to berth at the nearest wharf. The cruise will be terminated and no refund of any kind for unused hire-time/unused bar-tab/drinks packages will be provided. Any additional wharf fees, if applicable, will be charged to the booking customer.
14.Termination of Cruise
In the event of widespread concerning behaviour, instances of physical violence (however isolated), threats to staff safety, or seriously unsafe behaviour by a passenger/s, the Skipper may summarily terminate the cruise at the nearest wharf. No refund of any kind for unused hire- time/unused bar-tab/drinks packages will be provided and any additional wharf fees, if applicable will be charged to the booking customer
15. Intoxication or Illegal Drug Use
The Operators of MV Bacchus and the MV Bacchus’ Skipper and Deckhands reserve the right to deem a cruise unsafe at any point prior to or during a cruise. Situations involving intoxicated passenger/s presenting as unsafe to board, move around the vessel or continue drinking will be addressed by the Skipper and/or Deckhand/s. Should any passenger/s arrive intoxicated prior to departure, they may be denied boarding. Passengers must comply if instructed to discontinue drinking at any point during the cruise. Possession or consumption of illegal drugs aboard a The Operators of MV Bacchus’ vessel will result in immediate termination of the cruise and a return to dock. Police will be contacted by the Skipper in accordance with Australian law.
16. Damages to the Vessel
Any damage caused to The Operators of MV Bacchus’ vessel or vessel contents by a passenger or passengers must be paid for unless the damage is proven to have occurred prior to the cruise. Deliberate damage or graffiti will be reported to the police upon return to dock.
The customer agrees to indemnify The Operators of MV Bacchus in respect to any loss or damage to the vessel or its equipment or fittings, howsoever caused by passengers except for fair wear and tear. Customers are reminded that the misuse of on-board marine toilets by passengers of their cruise (such as the flushing of sanitary/hygiene products) may result in repair costs exceeding $2000.00. All passengers are advised of this requirement with the toilets at the safety announcement upon boarding.
17. Vomit Clean-up
In instances where a passenger or passengers are physically sick arising from irresponsible or excessive drinking, cleaning charges of $100 per ‘incident’ will apply.
18. Bond / Credit Card Authorisation
The customer agrees to provide a bond via a valid credit card or cash, to a value determined at the time of booking, to be held by The Operators of MV Bacchus on the day of the cruise. The bond will be returned (or credit card pre-authorisation cancelled) upon conclusion of the cruise if the vessel is un-damaged, left in a satisfactory condition, and not subjected to unplanned wharf fees due to passenger misbehaviour and/or at the customer’s request.
19. Decorations, Luggage and Possessions
The Operators of MV Bacchus does not accept liability for loss of decorations, luggage, or other possessions. It is recommended that passengers have their own insurance (including loss of deposits, accidental injury, sickness, and delays). All possessions, decorations, and personal belongings must be removed from the vessel within 15 minutes of the conclusion of the cruise. If additional time is required, this will be charged to the customer at a rate of $200 per 15 minutes or part thereof. Failure to remove all decorations may result in forfeiture of a bond (if in place) or an incursion of a cleaning fee of $200.
20. Dangerous Goods
The carriage of dangerous goods is strictly prohibited. This includes but is not limited to the use of any pyrotechnics, candles, sparklers, party poppers, explosives, flammable substances, weapons, or illicit substances.
21. Payments and Surcharges
The customer agrees to pay (in full) all amounts due no later than 28 days prior to the cruise date. Failure to make full payment by this deadline will result in the cancellation of your reservation and forfeiture of the deposit paid. Our preferred method of payment is via direct deposit or credit card (transaction charges may apply).
22. Navigation and Course
The customer agrees that the course to be undertaken is at the sole discretion of the Skipper and acknowledges that The Operators of MV Bacchus and/or the Skipper will make every attempt to accommodate customer requests in relation to the cruise.
23. Inclement Weather / Port Closure
The Operators of MV Bacchus’ vessel is designed to safely operate in waters designated as “Smooth” or “Partially Smooth”. The Operators of MV Bacchus reserves the right to postpone or reschedule a cruise departure time due to extreme/severe weather. These circumstances are very rare. The Operators of MV Bacchus does not consider heavy rain, localised roadway flooding or most thunderstorms as severe weather. In extreme events, Maritime Safety Queensland may elect to close the Broadwater, The Operators of MV Bacchus will not operate during any period of port closure.
24. Entertainers
Where external entertainers are to be in attendance on board, they must present themselves to the Skipper upon boarding and undergo the ‘ancillary staff and entertainers’ induction’. This procedure takes approximately five minutes and must occur prior to general boarding.
Entertainers are to be advised that the use of candles, wax or glitter during their performance is strictly prohibited, and the customer agrees to be liable for any damage/mess made by entertainers they engage.
Should entertainers require time to set up prior to the scheduled departure time, this must be arranged with The Operators of MV Bacchus 48 hours prior to cruising.
25. Promotional Purposes
Photographs or videos of passengers and any feedback comments made by passengers may be used by The Operators of MV Bacchus for promotional purposes only.
26. Protection of Reputation
The Operators of MV Bacchus does not permit for any group or organisation that is considered discriminatory, racist, sexist, misogynistic, inflammatory, or who’s activities or beliefs may bring the business into disrepute and/or unnecessarily into the public eye. This includes groups with a political or religious affiliation that may be intolerant and/or opposed to the basic human rights of equality and fairness. Customers found to be violating this condition will forfeit all funds paid and the cruise will be cancelled.
27. Activity Waivers and Releases
The customer acknowledges that should their itinerary include activities outside of the vessel (e.g., snorkelling), that all participating passengers will be required to read and sign an activity waiver/release indemnifying The Operators of MV Bacchus and acknowledging their fitness is of a suitable standard to participate.
28. Liability of The Operators of MV Bacchus
The warranty to the customer shall only be the warranty of The Operators of MV Bacchus to provide cruise services under these Cruising Terms and Conditions. Where The Operators of MV Bacchus accepts liability for not providing the services contracted under its warranty and elects to replace cruise services it shall replace the services but where this cannot be done, will refund the purchase price in full to the agent or customer.
The Operators of MV Bacchus shall not be liable for any breach or failure to perform any of its obligations under these Terms and Conditions where such breach or failure is caused by war, civil commotion, hostilities, strike or lockout, act of God, fire, governmental regulations or directions, mechanical breakdowns, or any other cause force majeure beyond the reasonable control of The Operators of MV Bacchus. The occurrence of such an event shall not give the customer a right of cancellation of the contract.
The Operators of MV Bacchus reserves the right to substitute another vessel other than the one designated for the cruise (including a vessel not owned by the Company) provided that the vessel is of a similar type and includes similar facilities to the vessel named in the cruise.
To the extent permitted by law, The Operators of MV Bacchus, its related entities, employees, contractors, and agents shall not be liable for any claims, losses, damages, injuries, costs, and expenses suffered, sustained, or incurred (including but not limited to indirect or consequential) because of, or arising out of, or in any way connected with the cruise. The customer releases The Operators of MV Bacchus for any claim whatsoever and howsoever incurred including but not limited to a claim for death, bodily injury, damage, or loss of property during embarkation and/or disembarkation to or from the vessel and/or always whilst on board the vessel itself, unless caused by the wilful misconduct or reckless disregard of the Company.
In the event of breach of any of these terms by The Operators of MV Bacchus, or a failure in whole or in part to provide any service that the Company contracted to provide (either expressly or by implication), the remedy for any such breach of any term shall be limited only to the contractual value of the performance of service or obligation that was not performed by the Company, or alternatively part value of the service where there was partial performance of the service or obligation by the Company. Any liability shall be assessed by the Company’s own value of the service and/or obligation or part thereof that is the subject of any claim.
Standard Disclaimer
The Operators of MV Bacchus Pty Ltd as operator of the MV Bacchus vessel shall not be liable for any death, personal injury, or loss or damage to property. It is a condition of boarding to any vessel booked through The Operators of MV Bacchus Pty Ltd that you hereby release, to the full extent permitted by law, The Operators of MV Bacchus Pty Ltd and its employees, agents, and contractors from all actual and contingent liability in respect of personal injury, death, loss, or damage.
