Blue Sky

ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS AND CONDITIONS

By placing an order, purchasing products and services or making a Booking (“Booking”), you expressly agree to be bound by these terms, conditions and disclaimers as amended from time to time (“Terms & Conditions”). Should you object to any of these Terms and Conditions (including any subsequent amendments), you must not proceed with your Booking.

CUSTOMER INFORMATION PROVIDED BY YOU

When you (“Customer”) place an order or make a Booking for your Charter Event (“Event”), you will be asked to supply certain information (“Customer Information”) including personal details, credit card details, as well as the number of guests and the nature of your Event.

MAKING A BOOKING

When you make a Booking, the Operator reserves the right to accept or reject the Booking for any reason, including, without limitation, the unavailability of any vessel, product or service, an error in the price or the product or service description posted on this web site or an error in your Booking.

Without limitation, Prestige Harbour Cruises may be unable to confirm a Booking because of our inability or the vessel Operators inability to take the booking as a result of the Vessel being fully booked or otherwise.

Prestige Harbour Cruises reserves the right, in its absolute discretion, to allocate an alternative vessel, product or service to that booked by you. Where possible, the alternative vessel, product or service will be as similar to the product or service originally booked by you.

When making a Booking, a deposit equal to 50% of the total Charter Fee (“Charter Fee”) is required. All bookings made within 14 days of Charter date require payment in full at the time of Booking.

If your Booking is accepted, Prestige Harbour Cruises will send you a e-mail or telephone you, to provide you with confirmation of your Booking. If you are making payment by credit card, Prestige Harbour Cruises will provide you with confirmation when your credit card payment is processed.

Once you receive confirmation of your Booking, the vessel, products and/or services booked are non-refundable and non-exchangeable, except as required by law, or as stated below under Cancellations and Postponements.

Prices of vessels, products and services and any charges displayed on this web site are current at the time of issue, but may change at any time and are subject to availability.

FINAL PAYMENTS

Final guest numbers and the final balance of the Full Charter Fee (including skippers fees, catering, wharf fees, additions, etc) is required 14 days prior to the Charter unless otherwise agreed. The final guest numbers specified by the Customer at least 14 days prior to the Charter will be deemed the minimum number of guests for catering charges. After this time the guest numbers may increase if agreed by the Customer and Prestige Harbour Cruises, however they cannot decrease. Any additional passengers on the day are charged accordingly. For payments within 7 days of Charter date, the agent has the right to charge the credit card provided by the Charterer to ensure funds are provided insufficient time.

For New Year’s Eve, Prestige Harbour Cruises has the right to request earlier balance payment or charge the credit card 21 days prior to charter to ensure funds are provided in sufficient time.

If final payment has not been received 2 days prior to the Charter date, the Charter will be deemed as cancelled and there will be no refunds for any monies paid.

Direct Deposit or Visa, Mastercard, and AMEX are accepted payment methods. Credit Cards will incur a merchant fee percentage on the full payment amount.

ADDITIONAL CHARGES

Any additional charges on the day of service are to be immediately charged to the credit card provided by the client. This includes but is not limited to extensions of Charter, additional guests, additional services, payment-on‐consumption beverages, waiting time for embarking and disembarking at wharves, water taxis and any other additional charges notified by the Crew.

QUOTATIONS

Quotes are valid for 14 days only. Suitable vessels are sourced for each quotation to ensure their availability at that time. A vessel can become unavailable at any time after the quotation is issued due to the receipt of a deposit by another party. In these situations, Prestige Harbour Cruises will make every effort to source a similar vessel.

TENTATIVE BOOKINGS

Tentative reservations will be held in good faith for up to 7 days pending payment of a deposit, or until another party wants to book the same vessel, whichever is sooner. The Booking is not secured until a deposit has been received.

SECURITY BOND AND DAMAGE

A credit card security bond is necessary prior to departure of your Event. The security bond may vary depending on your vessel choice. The transaction is preauthorised but not banked. The preauthorisation will be released upon final inspection following the Event, minus the cost of any loss, theft or damage to the Boat.

“Damage” to the Boat includes, but not limited to, the damage howsoever caused by guests to the Vessel or fittings, damage or breakage to all items and accessories on board, damage or breakage to catering utensils (such as plates, bowls, glasses etc).

Specifically, marine toilets are susceptible to blockages due to misuse. Remediation of toilet blockages carry a minimum fee of $450 which will be taken from the Security Bond.

For boats that are excessively dirty due to guests, including guests vomit, a cleaning charge may apply, which will be taken from the Security Bond.

Prestige Harbour Cruises reserves the right to withhold the security bond for up to 14 days following completion of the Event. Further, Prestige Harbour Cruises reserves the right to pursue the Customer for further payment if additional monies, above the amount of the security bond, are required to cover the costs of damage repair.

CANCELLATIONS

Any cancellation requires written notice from you to us, and written confirmation from us, that the Booking is to be cancelled.

Cancellations :

• More than 60 days prior to the Event: Deposit will be refunded less a $700 management fee if another booking is secured for the same date and time for the same value. If another booking is not secured, the deposit is not refundable

• Between 60 – 28 days prior to the Event: Deposit is non refundable

• Cancellations made 28 – 14 days prior to the Event: Total monies paid are not refundable. Consideration will be given to food, staff and boat costs incurred due to cancellation.

• Cancellations made less than 14 days prior to the Event: Full payment is non refundable.

There are no exceptions to our Cancellation policy. If you do not agree to these Cancellation Terms and Conditions, please do not proceed with your Charter Booking.

POSTPONEMENTS

Postponements requested by you cannot be guaranteed. They will be subject to approval by the individual Vessel operator. Any postponement request must be made in writing.

Should the Vessel operator agree to a postponement, the following terms apply :

• 60 days or more prior to the Event date : a 10% administration fee (ie 10% of the full Charter Fee) will apply.

• Between 60- 28 days prior to the event : a 25% administration fee will be charged (ie 25% of the full Charter Fee).

• Between 28 – 14 days prior to the event: a 50% administration fee will be charged (ie 50% of the full Charter Fee).

• Less than 14 days prior to the event: Postponements are not available.

You will have one opportunity to reschedule if you choose to postpone. You will have a specified time frame in which to reschedule your Charter Event.

INCLEMENT OR UNSAFE WEATHER

Unsafe weather as determined by the skipper or vessel Operator may, in their absolute discretion, cause postponement of the charter on the day. Rain or lack of wind is not cause for postponement. Postponements initiated by Prestige Harbour Cruises will be rescheduled at the earliest convenient date as discussed with and approved by you. Deposits will be withheld for the future booking, minus a 10% administration fee, the skipper fee and any catering charges.

You will have one opportunity to reschedule if we postpone. Any cancellation or postponement of your rescheduled charter by you will result in forfeiture of your full Charter Fee.

Catering Orders will not be refunded, and where applicable, arrangements may be agreed for the delivery of Catering to a mutually convenient location.

VESSEL SUBSTITUTION

Prestige Harbour Cruises may substitute another Vessel for the original Vessel contracted, and shall not incur any penalty, provided the Vessel satisfactorily provides the original services contracted. If no other vessel is available, a full refund will be provided.

ITEMS NOT PERMITTED ON BOARD

The following items are not permitted on any charter Vessel due to the possibility of damage to the Vessel.

• Heavy metallic objects.Hard plastic or metal drink and food coolers such as “Metal Eskies” or similar portable iceboxes.Any form of crockery or glassware (mugs, plates, glasses etc.) Plastic ware is recommended.Bottled beer and wine is permitted (red wine not permitted on some vessels).Heels / shoes with marking soles

SWIMMING

Swimming off a boat is a wonderful experience, but it can be a hazardous activity. Some Vessels do allow swimming off the boats. If your Charter Vessel allows swimming off the boat, and your vessel is at anchor, and your Skipper confirms you may enter the water, then you may swim at your own risk.

You warrant that all the Customer’s guests entering the water are strong swimmers.

Swimming carries the risks of, and not limited to ; sharp objects (such as rocks, coral and oysters), other passing boats, and dangerous marine life, as well as other unforeseen circumstances.

If you do not accept these risks, DO NOT swim off the Vessel.

BOATING HAZARDS

Boating, Sailing and cruising can be a hazardous activity. These Risks may arise from, but not limited to the following : Vessel movement, slippery decks, sailing yachts heeling and sail changes, ropes and lines on deck. Additionally, Guests must be mindful at all times of their environment and must exercise all due care when negotiating boardings, stairs, ladders, toilet areas and general movements around the vessel especially while carrying hot beverages or glass.

Whilst your Skipper is committed to make the Event as safe as possible, you agree to accept these risks. If you do not accept these risks, DO NOT proceed with your Booking.

RESPONSIBLE CONSUMPTION OF ALCOHOL. DRUG USE PROHIBITED

Unruly or rowdy behaviour is not acceptable, and is against the law. It is the responsibility of the Customer that their guests comply with the responsible consumption of alcohol, whether it be a licensed or un-licensed vessel. Intoxicated guests will not be permitted to board the Vessel.

Drug use is illegal, and is strictly prohibited onboard

If you or your Guests exhibit unruly behaviour, or are using drugs, the Vessel’s Skipper, at their sole discretion, may : (i) terminate the charter, and off-load all guests at the nearest wharf, (ii) contact the water police, (iii) off-load the offending guests at the nearest wharf.

There will be absolutely no refund or credit, for alcohol or drug related, or behaviour issues with Guests.

For licensed Vessels:

Under the NSW Liquor Act passengers must abide by the guidelines for the Responsible Service of Alcohol. The Crew must refuse service of alcohol to both intoxicated persons and guests under the age of 18. The Crew may refuse service of alcohol to any individual at their absolute discretion at any time. The Crew has the right not to serve shots or doubles under any circumstances. Whenever alcohol is served on a Vessel, substantial food must also be provided to satisfy the RSA obligations. Light snacks such as chips and nuts are not considered to be substantial food. The Crew has the right to refuse passengers boarding if sufficient food is not provided.

BEHAVIOUR RESPONSIBILITIES OF THE CUSTOMER

The Customer is at all times responsible for the conduct of the Customer’s group. The Customer acknowledges that they have read and understood these Terms and Conditions and have conveyed the relevant terms and conditions to all of the Customer’s Guests prior to boarding.

CHARTER COURSE

The course to be undertaken during the Charter may be agreed in advance with the Operator or with the Master on the occasion of the Charter. The Charterer 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 on the Harbour

EMBARKATION AND DISEMBARKATION

The Vessel will dock at the times stated on the booking confirmation. All guests have 15 minutes to board and 15 minutes to disembark from the times stated in the booking confirmation. Any time in excess of this, may be charged at a pro-rata hourly rate.

PHOTOGRAPHY and VIDEO

Throughout the duration of any Event we may take photographic or video images of you and your guests. You acknowledge and consent to our use of any photographic or video image of you and your guests for marketing and promotional purposes. If you do not agree to our use of any photographic or video image of you or your guests, you must tell us before the commencement of your Event.

LIMITATION OF LIABILITY

None of Prestige Harbour Cruises its related bodies corporate, any of their directors, officers, skipper, master, employees, or shareholders will in any way be liable for any direct, indirect, incidental, special or consequential damages (including in negligence), in accordance with the Limitation of Liabilities and Maritime Claims Act 1989 (Cth),and that any claim for loss or damage must be notified in writing within 7 days from the day of the Charter and any court action, suit or proceeding must be brought within 1 year of that date.

Where any legislation implies in these Terms and Conditions any term, condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in these Terms and Conditions, however, the liability of Prestige Harbour Cruises for any breach of such term, condition or warranty shall be limited, at the option of Prestige Harbour Cruises, to any one or more of the following: (a) if the breach relates to goods: (i) the replacement of the goods or supply of equivalent goods; (ii) the payment of the cost of replacing the goods or of acquiring equivalent goods, and (b) if the breach relates to services: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again.

RELEASE AND INDEMNITY

You hereby waive, release, forgive, discharge and relinquish any and all claims (including, without limitation, any claims for death or personal injury) that you now have or may have in the future against Prestige Harbour Cruises, its related bodies corporate, directors, officers, masters, skippers, and employees, shareholders, agents and representatives which are connected with, arise out of, relate to or are incidental to any transaction or services with Prestige Harbour Cruises,.

You hereby agree to indemnify, defend and hold Prestige Harbour Cruises its related bodies corporate, directors, officers, masters, skippers, employees, shareholders, agents and representatives harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by Prestige Harbour Cruises, its related bodies corporate, directors, officers, employees, shareholders, agents and representatives arising out of or in connection with the performance of its duties as described in these Terms and Conditions including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.

You agree to indemnify and hold harmless Prestige Harbour Cruises, its related bodies corporate, directors, officers, masters, skippers, employees, shareholders, agents and representatives, 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 Customer or members of the Customer’s Group including:

(i) Failure to follow any reasonable direction given by the Master or Crew;

(ii) Failure to comply with any of these terms or conditions;

(iii) Failure to comply with any warning sign;

(iv) Unreasonable or unsafe behaviour;

(v) Wilful misuse of the equipment or facilities of the vessel;

(vi) Intoxication or the use of prohibited drugs.

DISCLAIMERS

The information contained on this web site is provided by Prestige Harbour Cruises in good faith on an “as is” basis and solely at your own risk. The information is believed to be accurate and current at the date the information was placed on this web site.

None of Prestige Harbour Cruises, its related bodies corporate, any of their directors, officers, employees or shareholders makes any representation or warranty as to the reliability, accuracy or completeness of any of the information or ideas contained on this web site (including in relation to any products or services) and none of them accept any responsibility arising in any way (including in negligence) for errors in, or omissions from, the information contained on this web site. To the fullest extent permitted by applicable law, Prestige Harbour Cruises disclaims all representations and warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose and non-infringement of any intellectual property. Prestige Harbour Cruises makes no warranty that this web site, any information or ideas contained on this web site or any products or services advertised or available on this web site will meet your requirements.

TERMINATION

Your ability to purchase products and services from this the web site may be terminated at any time by Prestige Harbour Cruises without notice. All restrictions, licenses and the like granted by you and all disclaimers and limitations of liability which benefit Prestige Harbour Cruises will survive termination.

COPYRIGHT

Unless otherwise indicated, copyright in the information on this web site is owned by Prestige Harbour Cruises All rights are reserved. You may download a single copy of the information on this web site that you require for its use as a reference to make an order or place a booking with Prestige Harbour Cruises. Except as permitted under the relevant copyright legislation or other applicable laws, no part of the information contained on this web site may be otherwise reproduced, duplicated, copied, sold, re-sold, adapted, performed in public, transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) or otherwise exploited for any commercial purpose without the specific prior written consent of Prestige Harbour Cruises. If you believe that you own the copyright in any work and that work is displayed on this web site without your consent, please contact Prestige Harbour Cruises and your complaint will be investigated.

JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia.

If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Prestige Harbour Cruises failure to exercise or enforce any rights or provisions of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Prestige Harbour Cruises in writing.

AMENDMENTS TO TERMS AND CONDITIONS

These terms were last updated on 12 June 2021. Prestige Harbour Cruises may amend these Terms and Conditions from time to time. Any amendment will be effective immediately upon notification in this section of this web site. Your continued use of this web site or proceeding with your Booking after any amendment becomes effective constitutes an agreement by you to abide by and be bound by these Terms and Conditions, as so amended.

FORCE MAJEURE

If the Charter is prevented or restricted by reason of fire, storm, flood, earthquake, war, labour dispute, bush fires, smog and air quality, health pandemic, transportation embargo, law, order, directive of the Government or any other condition beyond the reasonable control of Prestige Harbour Cruises, then the Charter Event will be postponed to another suitable and available date without refunds or compensation.

PRIVACY POLICY

At Prestige Harbour Cruises, we are committed to protecting your privacy. When you place an order or make a Booking, you will need to provide us with certain Customer Information. We require this information so that we can process your order or make a booking on your behalf.

Where applicable, in order to process your order or Booking we will need to provide some of your Customer Information to third party providers of any products and/or services that you have chosen. Prestige Harbour Cruises and/or the provider of the products and/or services may use the Customer Information provided by you to send communications to you about bookings made.

Prestige Harbour Cruises does not sell, trade, or rent your personal information to other third parties. Eastcoast Sailing may collect aggregate information about our customers, users, sales, traffic patterns, and related site information and provide that to third parties, but these statistics will include no personally identifying information. We may release Customer Information when we believe, in good faith, that such release is reasonably necessary to comply with law, to enforce the terms of any of our legal agreements or to protect the rights, property or safety of Prestige Harbour Cruises, its customers and users.

By placing an order or making a Booking you consent to the collection and use of your Customer Information by Prestige Harbour Cruises in the manner set out in this Privacy Policy. If you have any questions or comments about our Privacy Policy, please contact us.

CONTACT US

Should you have any questions or wish to clarify the meaning of any of these Terms and Conditions, please contact us prior to making your Booking.