Element

TERMS & CONDITIONS

Payments: A 50% deposit is required to secure your cruise date, payment is accepted by credit card Balance of all money is due 14 days prior to the scheduled cruise date.

Final Details: All details (catering & beverages, wharves, final numbers) must be provided and confirmed no later than 14 days before the charter date. A catering package must be chosen by this time so that the final invoice can be sent. Package selections may be made no later than 7 days prior (if this is not provided, a chef’s selection will be chosen). All charges apply to final numbers, additional numbers after this time will be charged at agreed fees

Cancellations: Any deposit taken during peak season (Nov-Feb), is non-refundable unless 90 days written notice is provided. Otherwise, at all other times of the calendar year, the following conditions apply to cancellation:

More than 31 days prior: your deposit will be refunded less a $700 admin fee.
Between 7 - 31 days prior: Deposit is non-refundable.
Less than 7 days prior: Full payment is due and payable with no monies refundable in the above circumstances.

Consideration will be given to food, staff and boat costs incurred up to the cancellation date. Any cancellations must be made in writing to Prestige Harbour Cruises.

The Operator reserves the right to cancel any booking and refund any deposit or payments at its discretion, acting reasonably, including as a result of unforeseen circumstances such as extreme or inclement weather, unsafe conditions, or accidents.

Online Bookings

When you make a booking, Prestige Harbour Cruises reserves the right to accept or reject the booking for any reason, including, without limitation, the unavailability of any product or service, an error in the price or the product or service description posted on our web site or an error in your booking

Bond: A $2,000 bond must be held and is not to be released until the operator has advised in writing.

Damages: Any damages to the vessel during the charter is payable within 24 hours of receiving an invoice from the operator. Damages may include however is not limited to, physical damage, blocked toilets, vomiting from intoxication, excessive mess and the like. Cost recovery of damages caused by the charterer or its guests is not limited by the amount of the bond paid.

Consumption bar: No payment will be taken onboard for the consumption of bar beverages. This is to be paid by way of invoice submitted by the operator, which is payable within 24 hours.

Shoes: Element has a strict “No Shoes Policy” - slippers can be supplied on request for $5 a pair

Shower use is not permitted on day charters ($150 penalty fee will apply). BYO towels

Smoking is not permitted anywhere on the vessel with the exception of the swim platform.No more than two people may use this space to smoke at any given time & only when the vessel is stationary. 

Beverages / drinking onboard
● RSA rules will be enforced, and the wait staff have the right to refuse service to any intoxicated person and have them removed from the boat
● We have the right to refuse boarding to any guests who appear to be intoxicated
● We have a zero-tolerance policy towards the mistreatment of our crew.
● No Consumption bar during peak season (Nov to March).
● No shots allowed

BYO Conditions
● BYO drinks must be delivered to the boat at Jones Bay Wharf 1.5 hours before charter. A $200 fee will
apply for access to the vessel outside this time frame
● Absolutely no charter will be allowed to board with alcohol at the time of guest pick-up
● For charters with 10 pax or more, BYO provisions are to be collectively shared, not on individual per
person tabs.
● NO BYO Beverages Thursday – Sunday through November and December
● BYO surcharge of $20 per person applies and includes supply of ice, glassware and filtered tap water (min spend $500)
● BYO fee DOES NOT include tea or coffee, lemons/limes, and mixers.
● Any left-over alcohol from BYO charters may be taken off the boat when guests leave. If left onboard,
it must be picked up the following day. If not picked up within 24 hours, it will be deemed unwanted
● and removed from the vessel.
● BYO Catering fee of $200 applies, which includes reheating facilities only. For full kitchen use, a $500
fee applies.
● Chefs coming onboard from an external catering company will need to have public liability insurance

Weather Conditions

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

Charter Course

The course to be undertaken during the Charter may be agreed in advance. 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 10-15 minutes to board and disembark from the times stated in the booking confirmation. Excessive boarding and disembarkation will be charged at a pro-¬rata hourly rate.

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 7 days from the day of the Charter and any court action, suit or proceeding must be brought within 1 year of that date.

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.

Risk Warning

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

Swimming

Swimming is only permitted during daylight hours when the vessel is stationary and in the absolute discretion of the crew.
Day charters - guests must BYO towels. Shower use is not permitted on day charters ($150 penalty fee will apply)

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.