Harbour Spirit

These Terms and Conditions constitute the agreement between you and us the booking agent and charter operator
All cruise fares are quoted in Australian Dollars and include Australian Goods and Services Tax (GST).

a) GENERAL TERMS

1) We reserve the right, if we consider necessary (for example, due to mechanical breakdown, for safety reasons or weather conditions), to substitute vessels without notice (including any vessels of a third party), deviate from a vessels advertised route, change any menu, service, schedule, program, performance or cruise fare. We will endeavour to provide a similar quality vessel, route, menu, service, schedule, program, performance or cruise fare (as the case may be) in these circumstances. In such circumstances, we will not be liable for your direct or indirect loss, or to refund any fares or portions of fares, nor will we be liable for any other damage, loss, expense, loss of time, disappointment, inconvenience, or any other consequential loss suffered by you.

2) Most of the menus are prepared in our galleys on board the vessels. Due to the high volume of demand on the catering team it will not always be possible to change a particular menu item to suit your requirements. Where possible, we will try and accommodate your special requests to vary certain ingredients in the menu item. However, we cannot guarantee that certain products or ingredients will not be in our food, and we explicitly accept no liability in this regard. For serious food allergies you must make your own decisions on selecting meals. Our staff’s comments are only to assist you in making an informed decision. In exceptional circumstances, with our prior written consent you (or one of your guests) may bring your own meal.

3) You must personally evaluate the risk associated with the type of cruise that you are purchasing or participating in. You assume all inherent risk other than what is covered under the insurance policy of the cruise operator partner as required under the relevant Australian law.

4) If you do have a medical condition, if you are pregnant, suffer from back, neck, heart condition or any other preconditions, it is your total obligation to determine and evaluate the risk associated with your chosen cruise and participation in any other activities including but not limited to snorkelling, diving, swimming or any other adventure activities.

5) If you have any food allergy, where a meal is included in your cruise, the cruise operator or partner will endeavour to provide you a suitable meal. However it cannot be guaranteed at all times.

6) Children under the age of 16 must be accompanied by an adult at all times.

7) This agreement is to be governed by and is to be construed in accordance with the laws in force in New South Wales. Any action, claim, suit or proceeding arising out of or connected in any way with this agreement or the cruise will only be brought in the Courts of New South Wales.

8) If any of these provisions are unenforceable, this shall not affect the enforceability of any other part of the provision or any other provision. In the event of inconsistency between these Terms and Conditions and any other terms, these Terms and Conditions will prevail to the extent of the inconsistency. No waiver or variation of this agreement will have binding effect unless such waiver or agreement is in writing and signed by us.

9) The law of New South Wales governs this agreement and the parties agree to submit to the jurisdiction of the courts of New South Wales in respect of any Dispute arising between them.

b) RESPONSIBLE SERVICE OF ALCOHOL GUIDELINES

1) Rowdy or unruly behaviour will not be tolerated. The Operator and the Vessel have a “Responsible Service of Alcohol Policy” that applies during the Charter. If behaviour falls outside the guidelines of this policy then the Cruise Director may, in conjunction with the Captain, do any of the following:

• Terminate the Charter by berthing the vessel at the nearest safe location and disembarking the passengers.
• Summon the police to remove offending passengers.
• Negotiate with the Charterer to agree on some other course of action to resolve the issue.

Any costs associated with the early termination of the Charter due to unruly or rowdy behaviour must be paid by the Charterer.

2) You must not bring any alcohol or illegal substances onto the vessel. We reserve the right to refuse you entry to the vessel, or to require you to disembark from the vessel, including due to your intoxication or for the safety of other passengers or the vessel.

c) PRIVATE CHARTER CRUISES TERMS & CONDITIONS

1) The charter is supplied subject to these charter terms and conditions provided to you with a cruise proposal and quotation. Payment of the deposit in accordance with the cruise quotation/confirmed booking (invoice) constitutes your acceptance of the charter terms and conditions.

2) The charter price includes the Vessel, crew, and all other costs related to operations of the Charter such as fuel, docking and navigation route charges.

3) Pricing in this Charter Agreement is based on the number of guests specified above. The full charter price applies based on the number originally advised by the Charterer even if the number of guests is less than that number, however in this case the Operator’s representatives will discuss this with the Charterer.

4) The charter price is based on the day and the season of the booking. If the Charterer requests a change to the date, the duration of or inclusions in the Charter and the Operator in its absolute discretion agrees to such changes, the Operator will notify the Charter of any changes to pricing (including due to any change of the day or the season on which the Charter will operate). The Operator must pay the Charterer the amended price. Any change of date is subject to availability of the Vessel and at the absolute discretion of the Operator.

5) The Charterer must pay the charter price in full at least 10 business days prior to the date of Charter, otherwise the Operator has the right to not operator the Charter. The Charterer must pay the balances owing if the actual number of guests on board is higher than the final number of guests advised 3 days prior to the function and the amount for any consumption bars at the

conclusion of the Charter. These amounts must be paid on board the Vessel at the conclusion of the Charter. Payment must be made by credit card or company cheque (subject to prior written agreement). No refund is given if the actual number of guests is less than the final number of guests advised to the Operator by the Charterer 3 days prior to the Charter.

6) The final number of guests, cruise times, menu and beverage selections, entertainment requirements, embarkation location and balance of payment must be notified or paid (as the case may be) by the Charterer at least 14 business days prior to the Charter date.

7) If the Charterer cancels the Charter at any time, the Charterer must pay the cancellation fee specified below, and the Operator is entitled to retain the Cancellation fee. Where the Cancellation fee is greater than the Deposit, the Charterer must immediately pay the difference between the Cancellation fee and the Deposit.

Minimum notice required (before date of Charter) Cancellation fee
Prior to 90 days The Deposit
90 – 31 days 40% of total Charter price
30 – 15 days 60% of total Charter price
Within 14 days 100% of total Charter price

8) If the Operator cancels the Charter, a full refund will be given and the Operator has no further liability to the Charterer for such cancellation.

9) If the Charter is postponed by the Operator due to unsafe conditions (including due to a weather warning issued by the Bureau of Meteorology for Sydney Harbour, or other conditions considered unsafe by the Captain) then it will be rescheduled for the next available date suitable to both the Operator and the Charterer. The decision to postpone a Charter is at the sole discretion of the

Operator and the Operator has no liability to the Charterer for such cancellation.

10) The Operator will nominate an appropriately qualified person(s) to be in charge of the Charter and the Vessel for the duration of the Charter referred to in terms & conditions as the Captain and the Cruise Director. The duration of the Charter includes the time taken to embark and disembark members of the Charterer’s group. This is limited to one point of embarkation and one point of

disembarkation unless otherwise agreed in writing.

11) The Operator is not responsible for any delays caused by the late arrival of members of the Charterer’s group or delays at the wharf caused by crowds, the arrival of other vessels, ferries or any other item beyond the Operator’s control. The Operator is not responsible for delays at the point of disembarkation for reasons outside its control.

12) The Operator reserves the right to berth 10 minutes prior to the scheduled time for disembarkation. If necessary, any music or other entertainment will cease at such time.

13) If the time taken for disembarking passengers takes longer than 20 minutes beyond the scheduled end of the Charter, the Charterer will be charged for this time pro rata to the vessel charge as set out in respect to Cruise Extensions. If the Captain is required to vacate the disembarkation point in order to let other vessels berth, this time will also be charged at the same rate.

14) It is the responsibility of the Charterer to inspect the nominated Vessel prior to the Charter to determine the Vessel’s suitability. The Charterer represents and warrants to the Operator that the Charterer is satisfied with the Vessel and the standard of services offered by the Operator to be provided in respect of the Charter.

15) The Operator will provide the nominated or substitute Vessel to the Charterer at the time of Charter in any specified condition agreed in writing.

16) If the Operator agrees that the Charterer may decorate the Vessel, this must be done without the use of pins, adhesive tape, tacks or anything which will leave a mark on the Vessel. In such case, decorations will take place at a mutually agreed time.

17) The course to be undertaken during the Charter may be agreed in advance with the Operator or with the Captain. The Operator reserves the right, at its sole discretion or that of the Captain, to vary the agreed course because of weather, wave height, traffic, vessel survey restrictions, or any other cause which the Operator or the Captain believes is justified in the interests of the comfort or safety of passengers, crew, the Vessel and other vessels.

18) The Operator may substitute another vessel for the specified Vessel in the case of any unforeseen circumstances (including mechanical breakdown). In such cases, the Operator has no liability to the Charterer for such substitution provided that the substituted vessel satisfactorily meets the Charter particulars and provides the level of services as originally agreed.

19) If requested by the Charterer and then if agreed by the Cruise Director and the Captain in their absolute discretion, a Charter may be extended on the day of the Charter. The Charterer must pay for any extension based on the hourly rates as specified. The Charterer must also pay an additional hourly rate for any organized entertainment on a pro rata basis and for beverages per person on a pro rata basis (being the original price per person divided by the original number of hours for the Charter, multiplied by the number of hours or part hours by which the Charter is extended). This must be paid on board with any other outstanding amounts at the conclusion of the Charter as specified in the Balance of Payments.

20) The Charterer is liable for any damage to the Vessel, equipment or furnishings caused by the Charterer or any member of the Charterer’s group, unless caused by the Operator’s negligence. If the Operator repairs any damage itself, the Charterer must pay the Operator the reasonable third party costs of carrying out such repair. We note that should excessive cleaning be required after your function the Charter operator reserves the right to charge the Charterer an excess cleaning fee. 1. Excess cleaning fee which excludes the need for steam cleaning will be charged at $330.00 inclusive of GST. 2. Excess cleaning fee which includes steam cleaning will be charged at $660.00 inclusive of GST.

21) The Operator is not liable for any loss or damage suffered by any person. This does not apply to liability for the Operator’s negligence arising from the Charter. The Charterer is responsible for any such claims where the Operator has no liability.

22) The Operator accept no responsibility for loss or damage to goods brought on-board and or left on the Vessel or the Operator’s premises prior to, during or after the Charter.

23) Neither party is liable to the other party for consequential loss or damage.

24) The Operator accepts no responsibility for any loss or damage arising out of injury or death sustained by the Charterer or any member of the Charter’s group, however arising, except where it would be unlawful to exclude liability for such loss or damage. The Charterer enters into this Charter Agreement at its own risk. If any guarantees, terms, conditions or warranties are implied

into this Charter Agreement by any law, the exclusion of which would be unlawful or cause part or all of this clause to be void, then to the extent permitted:

25) The Operator excludes all other guarantees, terms, conditions and warranties; and

26) The Operator’s liability for breach of such guarantee, term, condition or warranty is limited to the supply of the relevant Charter again or the cost of re-supplying the Charter.