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BOOKING CONDITIONS

Definitions
AGENT means Prestige Harbour Cruises
AGREEMENT means this agreement between the owner and charterer
CAPTAIN means the Master of the vessel which is subject to the charter
CHARTER means the provision of the vessel to the charterer for the period stated for the relative charter fee
GUEST means any person on board the vessel as part the charter and includes ad hoc additions during the charter
CHARTERER is the person responsible for the payment of the charter lee and the charter guests on board the vessel
OPERATOR/ OWNER means vessel operator/owner

Deposit
A deposit of 50% non-refundable is required at the time of booking to confirm the charter. The balance of the charter fee is to be received as cleared funds no later than 30 days prior to the charter date. If the charter is booked within this 30 day period, the full amount will be due immediately

Cancellations or Postponement
If the charter is cancelled in writing more than 30 days prior to the charter date, a full refund of monies will be made minus a cancellation fee of $1800.
If the charter is cancelled in writing within 30 days prior to the charter date a full refund of monies received will be made minus the deposit.
If the charter is cancelled in writing within 7 working days prior to the charter date, all charter payments are non-refundable. If full payment has not been received, the vessel operator, or agents acting on their behalf, reserve the right to pursue outstanding finance and /or reasonable compensation for contracts struck as a result of original confirmation of said charter.
If the charter is postponed a one off postponement fee of $1500 applies. Replacement date must be confirmed at time of postponement (there may be rate increases for new date selected depending on high /low season)

COVID -19 cancellation / postponement conditions:
All charters postponed due to current or imminent Government enforced COVID-19 restrictions shall incur no financial fees. This does not
automatically include postponements due to individual needs or issues. Postponements are valid for 12 months from the date of the initial charter. Further postponements without penalty will be given if similar government restrictions exist at the conclusion of each postponement period. All agreed charter fees and pricing will be honoured for postponed charters due to COVID-19 restrictions. All funds received in relation to upcoming charters will be given as credit towards any similar charter in above mentioned postponement conditions. Cancellations of charters due to COVID-19 restrictions will be dealt with on a case by case basis and extent of refunds will be determined based on extenuating circumstances including unique nature of the charter and inability to reschedule for the foreseeable future. A one off fee of $1500 will incur for any cancellations in lieu of a postponement to assist in covering some of the costs incurred in the booking process and loss of potential charter on the agreed date.

Loss and damage:
The client will be held liable if any of the following have occurred:
-Loss of or damage to the vessel, its fittings or equipment caused by Charterer or guests of the charter including ad hoc additions during charter ,(including glassware);
-An unreasonable amount of excessive uncleanliness caused by guests of the charter.

The Charterer, upon payment of deposit accepts these contract terms and agrees to forfeit amount not exceeding $5000.00 to compensate the owner for such damage or loss and consents to the owner claiming against the Charterers credit card as supplied for deposit / final payment. The Charterer by signing this contract understands and agrees that damage caused to the vessel in excess of this amount may be claimed by the owner where shown to be as a result of damage by the charterer, guests or servants of the charterer.

Charter Period
The charter period includes the time taken for embarking and disembarking charter guests. Should the charterer wish to extend the charter during the charter period, this must be agreed with by the Captain or vessel management and charged at the contracted hourly rate or as negotiated.
No shoes are permitted to be worn in or on any part of the vessel.

Limit of Liability
It is a condition of the charter that the liability of the Operator, its servants, agents and sub-contractors
is agreed to be limited in accordance with the Limitation o1 Liabilities and Maritime Claims Act 1989

Indemnity
The Charterer agrees to indemnity, and hold harmless, the Owner, its agents and employees, from and against any and all losses, claims, actions, costs (including legal costs), expenses, fees, damages and liabilities which the Owner may sustain or incur indirectly from or concerning:
. Any negligent act by the Charter or members of the Charterers group
. Any damage, loss or theft of any property belonging to a charter guest arising out of the charter;
. Any personal injury or death.

Force Majeure
The Operator and the vessels in their charter fleet may experience events or occurrences beyond its control (such as but not limited to: Unsafe Sea Conditions, Acts of God, or any consequence thereof or by reason of terrorist activity, government restrictions, death of key
employees or mechanical failure). The Charterer agrees to release and indemnify the Operator, and it's agents from any claim or potential claim with respect or by reason of any of these events or occurrences and any loss or damage suffered by the Charterer or any third party.

Weather
The owner is not responsible for the weather conditions and any adverse weather conditions do not give the charterer the right to terminate the charter. The Captain or the Owner will determine if the weather conditions are safe to operate the charter as planned.

Suitability
It is acknowledged that the Charterer is satisfied with the suitability of the vessel for the charter period.

Safety - Captain's Authority - Prohibited Persons, Activities and Articles
The Charterer and charter guests will comply with all directions given by the Captain of the vessel and any servants / crew acting on the Captains authority.
The Captain reserves the right to terminate the Charter at any time and return to the point of embarkation if the Captain believes the safety of the vessel or passengers is at risk or the guests refuse to comply with the Captains directions. Passengers acting in an unsafe, quarrelsome or violent
manner or those acting in a manner likely to intimidate, harass or demean any crew or other guests may be discharged at the nearest wharf without prejudice or removed by water taxi at the charterers expense and /or the Captain may terminate the charter. Unwarranted Personal advances or
suggestions made by guests or charterer to any crew member or any guest may result in immediate discharge of the offender from the vessel at the charterers expense.
The Charterer understands that it is the policy of the Operator to cancel or refuse charters where any persons are involved or intend to be involved in acts of prostitution or any activity prohibited by law including, but not limited to, possession, supply or self-administering of any prohibited drug, plant or article. Persons found to breaching this clause will result in immediate cancelation of the charter without refund.
The Charterer understands It is prohibited to bring onto the vessel any escorts, lingerie models, strippers or persons dressed in an inappropriate manner. Discovery of the aforementioned whilst the charter is in progress will result in termination of the charter.
Neither party will exceed the maximum number of persons permitted on board as specified in the vessel's license. Total guest numbers include all additional staff as requested by the charterer including but limited to DJ's and other entertainment, Photographers / videographers, assistants and
BYO chefs etc

Responsible service of alcohol regulations apply.
Any charter guest intoxicated or showing signs or behaviour consistent with being "noticeably affected" (as definied in the liquor act) may be refused
alcohol service. Persons arguing or disputing RSA decisions may be removed from the vessel at the charterers expense. Persons found supplying alcohol to guests that have been denied service will be denied service and may also be removed from the vessel at the charterers expense. All crew are required to request acceptable forms Identification (as issued by RMS or Australian Govt)) from ANY person where they feel there may be any doubt as to the age of the person. Refusal or protestation will result in refusal of service to that person.

Noise, live music or amplified music.
It is acknowledged by the charterer that the vessels have stringent Noise regulations. All music, whether live or otherwise shall be at a level as accepted by the Captain. The charterer accepts that this level is set for operational, safety and regulatory requirements and failure to adhere to level as prescribed by the Captain may result in all music being terminated for the duration of the charter or termination of the charter without refund.

Acceptance
By making a deposit or full payment for your booking, you acknowledge and agree that you have:
(1) read and understood the Prestige Harbour Cruises terms and conditions in full and agree to comply with any and all of your obligations under these terms and conditions.
(2) You provided these terms and conditions to all of your guests/passengers, and they have also agreed to the same.