Kirralee

1 Legally binding contract

(1) The following terms & conditions apply to any services provided by the vessel operator and it’s agents (us”, “we”, “our”)
(2) Upon payment of the tickets in full or the payment of the required booking deposit, you (any reference to “you” and “your” is inclusive of any and all passengers that you have booked on behalf of) agree to comply with the terms and conditions set out below.
(3) It is a requirement that you have read and understood the terms and conditions in full, however if you have not, the fact that you have made the booking will constitute deemed acceptance of these booking conditions in any event.

2 Confirmation of Booking / Deposit

2.1 Payment of amount to secure booking

(1) Your booking is not secured until we have received the deposit or payment in accordance with the type of charter that has been booked, unless otherwise agreed by us in writing.
(2) The deposit or payment applicable to secure your booking for your relevant charter is as follows:(a) Private Charters – 50% non-refundable and non-transferable deposit of the price of the Private Charter.
(b) Ticketed Tours & Events – Full payment of the ticket is required at the time of booking.

2.2 Payment of balance - Private Charters

The remaining balance of the charter fee for Private Charters must be paid at least seven (7) days prior to the scheduled date of the charter. You are entitled to make instalments payments of the remaining balance at any time prior to seven (7) days to the date of your booking. If the balance has not been paid within seven (7) days of the scheduled date of the charter, the operator reserves the right to cancel the Private Charter with no deposit or any other funds paid for in relation to your booking to be refunded.

2.3 Confirmation by us

A Private Charter will only be confirmed upon receipt by us of the required deposit. A Ticketed Tour and/or Event will only be confirmed upon receipt by us of full payment and signed acceptance of these booking conditions. We reserve the absolute right to not accept a booking without giving any reason.

2.4 Validity of quotes

All quotes provided by us are only valid for a period of 3 months, or such earlier period as we notify you.

2.5 Passenger bookings

Bookings must be made for all classes of passengers, being Infants (0-2 years), Children (3-12 years), Adolescents (13-17 years, any passenger falling in this age range will be charged at the rate of an adult), Adults (18 years+) and Families (2 adults and 2 children up to 12 years.

3 General conduct and safety

3.1 Passenger conduct

(1) The safety of guests and crew is paramount at all times and all care will be taken to ensure a safe and enjoyable trip. The skipper has the sole discretion to do whatever is necessary to maintain safety of the guests and good order on the vessel and you and your passengers must comply with any such request.
(2) You agree to:
a) always obey the safety instructions given by the skipper and other crew members;
(b) only exit or board the vessel once the skipper has advised it is safe to do so;
(c) not access the roof of the vessel; and
(d) at the time of arrival, advise the skipper if you are not a confident swimmer.

3.2 Safety and swimming

You acknowledge and agree that:

(1) you must declare that you are in a fit and healthy state to undertake the events of your booking;
(2) you have no pre-existing medical condition or injury which would affect your competence on the vessel or water. It is recommended that if you or your guests have a medical consideration (such as a pregnancy) which may affect your ability to travel, that you should get the proper approval and opinion of a medical professional before boarding the vessel. By boarding the vessel with any medical consideration, you agree that the liability of the operator is limited to the extent as outlined in condition 11;
(3) you must inform us prior to your scheduled booking date if you have any food allergies or health conditions which may affect your safety on the vessel;
(4) the skipper, crew, charter company and vessel owners accept no responsibility for your safety or for any injury incurred once you have left the vessel, whilst in the water or when re-boarding the vessel from the water. If you leave the vessel to enter the water, you do so at your own risk and you are solely responsible for any injuries incurred. Under no circumstances is entering the water allowed outside of daylight hours. You will be asked to sign a ‘Swimming & Injury Waiver’ on the day, before leaving the vessel;
(5) jumping/diving from the vessel is dangerous and not recommended. You do so at your own risk. Jumping/diving from the roof of the boat is not allowed;
(6) whether or not swimming is permitted on the day is at the sole discretion of the skipper. Nonetheless, we will not be held responsible for any injury or the death of any guest whilst in the water; and
(7) you will follow all directions made by staff in relation to the use of life jackets (as applicable to the events of your cruise) and in the case of an emergency. You may request access and use to the life jackets at any stage during your cruise and in doing so you agree to exercise reasonable care and caution when choosing when to wear your life jacket.

3.3 Times

Please note that cruise times include boarding and disembarkation. Please arrive at the pick up location 15-20 minutes before departure time. If a booking is made and you do not show up or arrive late, the operator cannot guarantee cruise participation on an alternate cruise time or the extension of your private charter and no refunds will be provided.

3.4 Substitution of vessel

The operator has the right to substitute a vessel for one that has similar features. Should there be any safety issues with, or damage to, the vessel that cause your charter to be cancelled, you will be given the option to reschedule or receive a full refund in accordance with these terms and conditions. For the avoidance of doubt, you will not be entitled to any refund or rescheduling if such damage is caused by you or your guests.

3.5 Loss of equipment and personal items

The operator will not be held responsible for any personal injuries, equipment loss or damage sustained while participating in any of our charters or tours. Passengers may get wet and are advised not to carry any valuables on them.

3.6 Smoking

Smoking is not permitted on ticketed tours, but is permitted on private charters. Smoking is only allowed on the outside deck (which has not been excluded by the skipper), however respect and care for the environment is required. Appropriate ash trays for cigarette butts are provided on board the vessel.

3.7 Skippers right to reschedule / terminate the charter

The skipper and the operator reserve the right to end the charter at any time should any passenger conduct be deemed inappropriate; any passenger display signs of heavy intoxication or being under the influence of illegal substances; any passenger refuses to adhere to the direction of the skipper or any other crew member; any passenger not behave in a safe, responsible and respectful manner; or there be any damage to the vessel caused by any passenger. Any termination of the charter due to the above will not entitle you to any refund or credit (partial or otherwise).

3.8 Rescheduling due to adverse weather conditions

(1) The skipper and the operator reserves the right to make a determination on the day that the charter is to be rescheduled due to adverse weather conditions. This right solely vests with the skipper and the operator and you are not entitled to reschedule your charter at any time due to current or forecasted weather conditions.
(2) If there is any rescheduling of the charter due the determination of the skipper or the operator, we will attempt to either reschedule the charter at no cost or issue you with a credit voucher which must be used by you for a booking within 12 months of the cancelled booking.

3.9 Change of activities / details

All details / activities listed on our website for each tour or charter are subject to change at our discretion without notice and which may for example occur due to weather conditions, events in Sydney or other matters outside of our control.

3.10 Indemnity

You agree to indemnify us (including any of our employees, officers and agents) from and against any and all losses, claims, actions, costs, expenses, fees, damages, fines and liabilities caused by a negligent act or omission by you or your guests, including but not limited to failure to comply with these booking conditions; failure to comply with directions given by the crew on the vessel; and/or reckless behaviour exhibited by you or your guests.

4 Rescheduling and cancellations by you

4.1 Rescheduling by you

(1) Please note that once a booking is confirmed, you should endeavor not to reschedule or cancel the booking as it will mean that additional costs and charges are payable by you.
(2) All rescheduling requests and cancellations must be made in writing and emailed to [email protected]

4.2 Private Charters - rescheduling

For Private Charters any reschedules requested by you:

(1) within 48 hours of the booked charter date incurs a 100% fee on the price of the original charter booking made and no refund will be offered. This will be treated in the same manner as a cancellation. You must pay the balance of any monies owed no later than the original booking date; or
(2) greater than 48 hours and within thirty (30) days of the booked charter date, will incur a 50% fee on the price of the original charter booking made and no refund of the deposit will be offered or made; or
(3) greater than 30 days of the booked charter date, will incur a 25% fee on the price of the original charter booking made and no refund of the deposit will be offered or made; or
(4) if your booking has been made on one of the operators partner vessels, options (2)-(3) above may not be applicable and a 50% fee will be incurred for a reschedule greater than 48 hours;
(5) you cannot make any more than one (1) rescheduling request;
(6) you will not be entitled to reschedule the booking to a departure date between the months of November to January;
(7) any proposed rescheduled date must be within 12 months of the original booking date otherwise you will be deemed to have cancelled the booking;
(8) any rescheduling requests are subject to acceptance of the vessel operator and may be rejected or be granted on such terms determined by the operator; and
(9) if pricing for the new date selected has different rates, you will be required to pay the difference, or vice versa with the difference to be credited back to you.

4.3 Private Charters - cancellations

For Private Charters any cancellations requested by you:

(1) within 48 hours of the booked charter date incurs a 100% cancellation fee on the price of the original charter booking made and no refund will be offered. You must pay the balance of any monies owed no later than the original booking date; or
(2) greater than 48 hours of the booked charter date, will incur a 50% fee on the price of the original charter booking made and no refund of the deposit will be offered or made.

4.4 Ticketed Tours & Events - rescheduling and cancellations

(1) You may reschedule or request a refund up to seven (7) days prior to your scheduled departure date.
(2) Any rescheduling requests or refund requests must be made in writing and emailed to [email protected]
(3) Requests received within seven (7) days of the booked departure date will incur either a 100% cancellation fee if you request a refund, or a 50% fee if you request a reschedule.
(4) Any proposed rescheduled date must be within twelve (12) months of the original booking date; otherwise, you will be deemed to have cancelled the booking and no refund will be provided.
(5) You may make only one (1) rescheduling request per booking.
(6) All rescheduling requests are subject to acceptance by Sea Sydney Harbour and may be approved or declined at its sole discretion.
(7) If pricing for the new date differs from the original booking, you will be required to pay the difference, or if the new price is lower, the difference will be credited back to you.

5 Food and alcohol policies

5.1 Food

(1) When making your booking, you may be offered our catering services which you may choose to accept or decline.
(2) If you elect not to undertake our catering services then you will be responsible for bringing your own food on your charter. You must bring a substantial amount of food that will be consumed in accompaniment with drinks for the duration of the charter. As an example, finger foods or appetisers are not considered a substantial amount of food. If you are unsure of the requirements of substantial food, please contact our team prior to your charter date.
(3) If you have ordered catering for your charter, and the charter is cancelled or rescheduled within four (4) days of the charter 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.
(4) You must advise us of any dietary requirements you require at least seven (7) days prior to the scheduled date of your charter. The vessel operator will endeavour to accommodate your dietary requirements but makes no guarantee that all requests made will be accommodated for.

5.2 Alcohol

(1) Only select vessels have the right to serve alcohol. Please refer to your booking details to as to whether alcohol will be served on the charter that you have booked.
(2) If you are on a vessel where alcohol (including BYO alcohol) is available and you have elected not to undertake our catering services, then we reserve the right to deny you alcohol if we believe that the food that you have brought for yourself is not substantial enough to alleviate any safety or legal concerns with your consumption of alcohol.
(3) Alcohol will be refused to any intoxicated passenger on both BYO and licensed vessels and is only to be consumed by people 18 years of age or older (you must be able to provide proof of your age if asked by any of our staff). Passengers are advised to obey alcohol consumption RSA guidelines of no more than six (6) standard drinks in one day or as amended from time to time.
(4) The consumption of straight spirits/shots is not permitted at any time. Mixed drinks are only to be consumed with a standard drink measurement.
(5) No illegal substances are to be brought or consumed within any vessel.

6 Supervision of minors

(1) Any and all passengers under the age of 18 or under any disability must be accompanied by a responsible adult, parent or guardian (Supervisor) who takes full responsibility for monitoring the supervised passenger’s behaviour.
(2) It is the responsibility of the Supervisor to supervise and care for children under 12 at all times throughout the charter booking.
(3) We reserve the right to refuse any passengers under the age of 18 if we are not satisfied that the supervision of the minor is adequate or reasonable enough to ensure the safety of the minor at all times during the charter. This includes for any parties or events that are held on a charter whether or not alcohol is being served.

7 Security Bond

7.1 Security Bond

You will be required to pay a Security Bond (which we ordinarily hold through a credit card authorisation). The amount of the Security Bond applicable to the booking will vary according to the vessel selected.

7.2 Application of Security Bond

(1) You authorise us to deduct from the Security Bond all costs and expenses incurred, or to be incurred by us, in connection with any of the following matters:

(a) Any part of the vessel is damaged by you or the passengers in which case we will deduct such costs as are necessary to repair such damage. This may include an immediate deduction of the full Security Bond as soon as practical, with any excess funds to be returned once the full amount of damage has been assessed.

(b) The vessel is left in a state that additional or professional cleaning services are required beyond the regular Sea Sydney Harbour routine in which case we will deduct such costs as are necessary to clean the vessel and will be a minimum of $300.00. Such deduction is at our absolute discretion and our decision is final and binding.

(c) Your failure to comply with any provision of these terms and conditions, in which case we will deduct such costs as are necessary for any costs and damages suffered by us as a result of your breach.

(2) The amount of the Security Bond in no way limits any claims we may have against you.

7.3 Authorisation

You declare that the credit card details provided for the authorisation of a bond are true and correct.

8 Private Charters

8.1 Application

This condition 8 applies in the event you have booked a Private Charter with us.

8.2 Declaration

(1) It is a requirement that the event, celebration or occasion for your private charter is declared truthfully and to the best of your knowledge at the time of booking. At times the type of event can affect the vessel suggested for your charter booking and can also impact on crew requirements.
(2) Where the type of event on the day differs to the details provided at the time the booking was made, the skipper reserves the right to end or cancel the charter booking. No refund will be offered. If additional costs are incurred by us to run your charter, these will be charged from the security bond.

8.3 Booking periods

Bookings are made for a maximum of 4 hours. It is at Sea Sydney Harbour’s discretion as to whether a 5 hour booking will be accepted. Buck’s parties are to be a maximum of 3 hours and daytime bookings are available only.

8.4 Decorations

Decoration of the vessel is allowed with the skipper’s consent, provided no damage occurs to the vessel when installing or removing these items. Sea Sydney Harbour recommends that you keep decorative items simple and conservative. Confetti, glitter, flower petals, tinsel, crepe/tissue paper or other items that will shed, run colour or create excess mess on board the vessel are not allowed.

9 Ticketed Tours & Events

9.1 Application

This condition 9 applies in the event you have booked a Ticketed Tour & Event with us.

9.2 Condition of Ticketed Tours & Events

(1) Ticketed Tours & Event cruise schedules are dependent on minimum passenger requirements and may vary according to special events held in Sydney or the decision of Sea Sydney Harbour. Smaller group bookings will be at the discretion of the Sea Sydney Harbour team.
(2) Tours may not run on Public Holidays or on other nominated special events. Where we have scheduled a tour on a Public Holiday or other nominated special event, a 20% surcharge applies.
(3) Cruise routes are a guide only, weather dependent and subject to change without notice. Site stops may be impacted by weather and are left to the skipper’s discretion on the day.
(4) Passengers of all ages must be accounted for to ensure the maximum number of passengers aboard is not exceeded.

10 Gift Vouchers

(1) All gift vouchers are non-refundable and non-transferable once payment has been processed.
(2) Gift vouchers are valid for three (3) years from the date of purchase/issue and cannot be transferred for cash.
(3) The value of a gift voucher can be used towards any product or service listed on the Sea Sydney Harbour website.
(4) Vouchers can be redeemed online for ticketed tours & events. For vouchers utilised toward a private charter booking please provide your gift voucher number to a team member at the time of booking.
(5) Where a refund is offered on a product or service and a gift voucher of any kind has been used as payment, the refund will be processed back onto a gift voucher to the value of the original voucher utilised.

11 Limitation of Liability and Risk Warning

11.1 Risk warning

(1) There are inherent risks and dangers on board any vessel and all passengers agree that their participation in the charter or any tour is solely at their own risk. There may be risks of personal injury, loss of life, damage to or loss of property that can be associated with these activities. We will not be held responsible for any injury or the death of any passenger or damage to property whilst on board or at any other time.
(2) You are at all times responsible for the conduct of your guests and you shall be liable for any loss or damage to the vessel caused by you or your guests.
(3) By making a booking, you acknowledge, agree and understand that we offer hospitality and recreational services and activities (as defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law). You acknowledge that the above warning constitutes a ‘risk warning’ in accordance with the relevant legislation including the Civil Liability Act 2002 (NSW) and agree that you have chosen to participate in our services of your own volition. You agree that, to the maximum extent permitted by law, your right to sue for personal injury and death or damage to property caused by any breach (that does not constitute a reckless breach by us) under any applicable legislation are excluded.

11.2 Limitation

(1) You further agree that, without limiting the foregoing, and to the maximum extent permitted by law, in no event will we be liable to any person in respect of any claim of any personal injury, loss, damage to property, death, illness, harm or economic loss suffered by you or any other person on a charter, whether consequential, direct or indirect and whether as a result of a breach of statute or statutory duty, in contract, tort (including negligence), equity, or otherwise in connection with your or that person’s participation in our services, or of a third party over whom we have no direct control, or any other event which is beyond our control or which is not preventable by reasonable diligence on our part.
(2) To the maximum extent permitted by law, our liability cannot exceed the amount paid for the charter or the resupply of the services.
(3) There is always the risk that in the case of an emergency or injury we are unable to arrange for the early exit from the vessel. In such an instance, we will assist to the best of our capacity given the context of the situation to provide any necessary medical support.

11.3 Australian Consumer Law

(1) Your purchase of our goods and services are subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides You with certain rights that cannot be excluded, including that the Services must be of acceptable quality, reasonably fit for the purpose that We represent they will be fit for and that the Services will correspond with any description.
(2) Nothing in these terms will be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.

12 Government Orders and events outside of our control

12.1 Events outside of our control

If any event that is beyond our reasonable control occurs (aside from adverse weather conditions, in which case condition 3.8 applies) and which renders us unable to administer our services, then we reserve the right to administer alternative arrangements at our sole discretion, which may include but is not limited to rescheduling or cancelling your booking, providing refunds or gift vouchers.

12.2 Your compliance

(1) The operator is classified as falling under the hospitality and recreational sector, and as such all of its customers agree to comply with all government orders relevant to the hospitality and recreational sector and/or cruises in general. This includes any orders and requirements of the Australian government relating to any pandemic or epidemic or other similar event.
(2) We reserve the right to refuse any customer to board any of our vessels if they have not complied with any relevant and applicable government orders.
(3) Any such refusal made under this condition 12, does not entitle to you a refund or rescheduling (any rescheduling remains under the sole discretion of the operator).

12.3 Government orders

(1) We are currently only accepting bookings for tours and charters that are within our capacity and in accordance with the relevant government guidelines and travel restrictions. This capacity can change based on government orders. You will be held to the capacity that was in place at the time you confirmed your booking.
(2) Based on current guidelines at the time your booking is confirmed, the cruise can proceed on your selected vessel.
(3) We reserve the right to refuse entry of anyone on the vessel if it will cause non-compliance with any Government order or law.
(4) Closure of state borders should not be deemed a reason for a reschedule/cancellation based on the below policy, if we can operate under NSW government orders.

12.4 Rescheduling and cancellations

(1) If we cannot accommodate your booked charter or tour due to Government orders or restrictions, you may be given the following options:

(a) reschedule for a date within twelve (12) months of your original booked date; or

(b) obtain a refund of any monies paid, minus a $250.00 administration fee. If your booking has been made on one of the operators partner vessels, this option may not be available.

(2) The option selected at the time you are contacted to advise your cruise has been affected will be deemed the final decision. You cannot change from a reschedule to a refund at a later date or vice versa.
(3) A change to the date or refund would only be allowed if Government orders or laws mean that the charter or tour cannot proceed. A reschedule or cancellation for any other reason will be subject to our standard reschedule/cancellation policy and fees will be incurred.
(4) 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.
(5) For any rescheduling of a confirmed Private Charter booking the terms noted from condition 4.2(5)-4.2(9) are applicable.

13 Media release and waiver

13.1 Consent

(1) You and each passenger hereby consent to take, or have taken by others, your photographs, digital images, audio, video footage and/or any other recording (Images); and publish the Images in any form, in whole or in part, and distribute them in any medium including, but not limited to, print media, the internet, our social media accounts, other multi-media uses, advertisements or graphic representation in connection with our business or operators business.
(2) To the extent that the images contain another person who is:

(a) under the age of 18, you consent to the use of their Images in accordance with this form and warrant that you are the parent or guardian of that child; and/or over the age of 18, you confirm and warrant that they have consented to the use of their Images in accordance with this form.

(3) If you do not wish for any pictures of you to be taken, please inform us prior to your cruise that you do not consent and we will make the appropriate arrangements.

13.2 Waiver and acknowledgements

You acknowledge and agree that the Images are the absolute property, and remain in the ownership, of the operator and Prestige Harbour Cruises. You confirm that neither you nor any other person in the Images will be paid for giving this permission and you hereby waive any claim that you may have had for any remuneration, residuals, royalties or any other payment in respect of use of the Images. You cannot make any claim (of any nature) against, and hereby discharge, the operator or Prestige Harbour Cruises in connection with the use of the Images in accordance with this condition.

13.3 Communications

You must not distribute, communicate or disseminate any material or information or message on any medium or platform (whether online or offline) which may damage, defame or otherwise negatively affect the reputation of the operator nor Prestige Harbour Cruises. You acknowledge that a breach of the above covenant may result in loss and damage to the operator or Prestige Harbour Cruises, we reserve the right to terminate the booking and/or seek damages against you. This condition continues to apply at all times, including after the charter.

Please direct any queries about these terms and conditions to [email protected]