Cloud 9

1 DEFINITIONS

In this agreement, the following terms have the following corresponding meaning:

• Agent means the agent through which the charter was booked

• Charter means the cruise for which the charterer is paying and the operator is providing

• Charterer means the client who is paying for the charter

• Charterer's Group means all the passengers who will take part in the charter

• Master means the duly qualified person in charge of the vessel

• Operator means the owner or operator of the vessel as specified in the schedule

• Vessel means the operator’s vessel or vessels specified in the schedule

2 QUOTATIONS

Quotes are valid for 14 days only, after which they may be subject to price changes.

3 RIGHT OF REFUSAL

The Agent reserves the right to refuse bookings which contravene these Terms and Conditions. The Charterer must provide all necessary details to the Agent about the charter and the charterer’s group.

4 TENTATIVE BOOKINGS

Tentative reservations will be held in good faith for up to one week 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.

5 CONFIRMATION OF BOOKING

A Charter will be confirmed on receipt of the deposit specified in the quotation. All bookings made within 14 days of Charter date require payment in full at the time of booking.

6 DEPOSIT

The deposit payable will be 50% of the total estimated Charter fee unless otherwise specified in the quotation.

8 FINAL PAYMENT

Final guest numbers and final payment is required 21 days prior to the Charter unless otherwise agreed. The final guest numbers specified by the Charterer at least 21 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 Agent/Operator, however they cannot decrease.

Any additional passengers on the day are charged accordingly.

8 METHODS OF PAYMENT

EFT, cash or credit card. Credit card surcharges apply.

9 CANCELLATIONS

Cancellations made 60 days prior: the deposit is non-refundable

Cancellations made less than seven days prior: full payment is non-refundable

COVID POLICY

The Operator is bound to operate under the public health orders issued for NSW. If the govt enforces stricter conditions and the cruise cannot proceed, you will be able to choose to reschedule for a date within 6-12 months of your original cruise date. The details of your rescheduled cruise should be like for like. Please note that if pricing for the new date selected has different rates, you will be required to pay the difference, or vis versa, the difference will be credited back to you. This would be based on the restrictions that are in place 14 days prior to your cruise date.

A change to the date would only be allowed if govt rules meant the cruise couldn’t run. A reschedule or cancellation for any other reason will be subject to our standard reschedule/cancellation policy and fees will be incurred. If you have ordered catering for your cruise, and the cruise is cancelled or rescheduled within 4 days of the cruise date, you will be required to pay for this catering, irrespective of the reason for the reschedule or cancellation. The food can be packed up and collected by you.” 

10 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, pay-on-consumption beverages, waiting time for embarking and disembarking at wharves, water taxis and any other additional charges notified by the Operator.

11 RESPONSIBLE SERVICE OF ALCOHOL

The Operator is bound by the NSW Liquor Act and must abide by the guidelines for the Responsible Service of Alcohol. The Operator must refuse service of alcohol to both intoxicated persons and guests under the age of 18. The Operator may refuse service of alcohol to any individual in the Operator’s absolute discretion at any time. Intoxicated guests will not be permitted to board. The Vessel 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 Operator has the right to refuse passengers boarding if sufficient food is not provided.

Guests are not permitted to carry liquor from the Vessel on disembarkation. Collection of left over alcohol should be arranged after the charter. Indecent behaviour on a licensed vessel is prohibited under the NSW Liquor Act and your charter will be terminated in the event of unacceptable behaviour as determined by the crew, and if such circumstances occur there will be no refunds

12 BOND

The Charterer is required to pay a security bond as specified in the quotation. The security bond may be applied by the Operator to cover additional costs including but not limited to damage to the vessel, its equipment and fittings, additional services, excessive cleaning charges and any other costs attributable to the Charterer’s Group. The security bond or the balance thereof will be refunded seven days after the Charter.

13 SUBSTITUTE VESSEL

In the event of a mechanical problem to the booked vessel, the Agent reserves the right to provide another vessel of similar style and capacity in order for the Charter to be completed.

14 WEATHER CONDITIONS

All Charters will proceed regardless of weather conditions unless deemed unsafe by the by the Master on the day.

15 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.

16 EMBARKATION & DISEMBARKATION

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 reason beyond its control.

iii) The Operator reserves the right to pull into 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 hire 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.

17 RESPONSIBILITY OF THE CHARTERER

The Charterer is at all times responsible for the conduct of the Charterer’s group.

18 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 the Charterer’s Group. Fair wear and tear excepted.

19 LIMIT OF LIABILITY

It is a condition of the Charter that the liability of the Operator, its servants, agents, employees and subcontractors is agreed to be limited 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 seven days from the day of the Charter and any court action, suit or proceeding must be brought within one year of that date.

20 INDEMNITY

The Charterer agrees to indemnify and hold harmless the Operator, the Agent, their 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 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.

21 RISK WARNING

There are inherent risks and dangers on board any vessel. All passengers participate in the Charter entirely at their own risk.

22 SWIMMING

Swimming is only permitted during daylight hours when the vessel is stationary and in the absolute discretion of the crew

23 JURISDICTION

The laws of New South Wales govern this agreement and the parties agree to submit to the jurisdiction of the Courts of New South Wales in respect of any disputes arising between them.

24 ACCEPTANCE

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

The Charterer acknowledges that he or she has read and understood these Terms and Conditions and has or will convey these conditions to all of the Charterer’s Group.