Cutting Loose

PAYMENTS
An amount equal to 50% of the total value of your charter must be paid in order to confirm the booking. The deposit is non refundable. The full charter amount (including skippers fees and catering) is usually payable at least 14 days prior to departure unless it is a last minute booking in which case full payment is required at the time of booking

SECURITY BOND
A credit card bond of $1000 is necessary prior to departure. The transaction is authorised but not banked. The bond will be released upon final inspection following the charter, minus the cost of any loss, theft or damage to the yacht. We reserve the right to withhold the security bond for 14 days following completion of the charter.

CANCELLATIONS AND POSTPONEMENTS
Any cancellation or postponement requires written notice to us, and written confirmation from us, that the booking is to be cancelled or postponed. Any cancellation or postponement which takes place 30 days or more prior to the departure date will incur a 15% administration fee. Cancellation requests which are received less than 30 days prior to the departure date will be subject to a 50% fee (that is, the 50% deposit paid will be forfeited). The full charter fee, including catering and skippers fees, will be charged where cancellation takes place within 14 days of the departure date.

COVID 19 Policy:
If your booking is affected by any new government restrictions (i) directly affecting our operations, or (ii) affecting your travel plans due to border closures or community lockdowns resulting in you being unable to attend our events, we are offering a reschedule of your event to a new date, subject to availability within a 6 month period, with event details like for like. Your booking is subject to the government restrictions in place at the time of booking and you should only place a booking if you agree to abide by these restrictions. 

INCLEMENT OR UNSAFE WEATHER
Unsafe weather (storm conditions) as determined by the operator may, in our absolute discretion, cause postponement of the charter on the day. Rain or lack of wind is not cause for postponement.
Postponements initiated by the operator 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 15% 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.

VESSEL SUBSTITUTION
The operator may substitute another Vessel for the original Vessel contracted, and shall not incur any penalty, provided the Vessel satisfactorily provides the original services contracted.

FOOTWEAR AND ATTIRE
Comfortable clothing and a change of clothes is recommended. Non marking soled shoes must be worn at all times. Black soled or hard shoes must NOT be worn (including high heeled shoes and sandals) as these cause marking and damage to the yacht. Any marking or damage will incur a fee which will be deducted from the Security Bond. Barefoot is acceptable.

CATERING
BYO food and beverage is allowed . The boat includes esky refrigeration facility. You are welcome to bring plastic or disposable cutlery, crockery or cups, or you may use the cutlery, crockery and plastic glassware on board. Tea towels and dishwashing liquid are supplied.

Onboard food and beverage catering as booked with us must be confirmed and fully paid at least 7 days before the scheduled charter.

ITEMS NOT PERMITTED ON BOARD
The following items are not permitted on any charter yacht due to the possibility of damage to the yacht.

 Heavy metallic objects.
 Hard plastic or metal drink and food coolers such as “Eskies” or similar portable iceboxes.
 Any form of crockery or glassware (mugs, plates, glasses etc.)

OVERNIGHT STAYS ON BOARD
Under no circumstances may yachts be moved off moorings or from anchorages during overnight stays without the skipper. Water taxis are available on the harbour by telephone or radio or by contacting the operators after hour’s service.

CALL OUT FEE

A $250.00 call out fee is applicable for any person/s requiring evacuation from yachts during day charters or overnight stays for any reason.

LIMITATION OF LIABILITY

None of the operators, the operators booking agent, 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).

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 the operator for any breach of such term, condition or warranty shall be limited, at the option of the operator 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
Sailing and cruising can be a hazardous activity, particularly noting the vagaries of the wind and tide.

You hereby waive, release, forgive, discharge and relinquish any and all claims (including, withoutlimitation, any claims for death or personal injury) that you now have or may have in the future against the operator, 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 the operator.

You hereby agree to indemnify, defend and hold 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 the operator, 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. 

RESPONSIBLE CONSUMPTION OF ALCOHOL

A cold beer or lovely wine on a yacht enjoying the beautiful water is wonderful. Unruly or rowdy behaviour is not acceptable, and is against the law. It is the responsibility of the Charterer that their guests comply with the responsible consumption of alcohol, whether it be a licensed or un-licensed vessel. If you or your guests exhibit unruly behaviour, the Vessel’s Master, 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 related issues with guests.

PHOTOGRAPHY AND VIDEO

Throughout the duration of any charter or sailing school (Event) we may take photographic or video images of you and your guests. As a condition of your Event with us you acknowledge and consent to our use of any photographic or video image of you and your guests for marketing and promotional purposes in any form whatsoever whether as hard or soft copy. 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 each and any of your Events.

APPLICABLE LAW

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia. You and the operator agree to submit to the exclusive jurisdiction of the courts of the State of New South Wales, Australia and any appellate courts. 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. The operator‘s 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 the operator in writing.