Rockfish 1

1. Definitions

In this agreement, the following terms have the following corresponding meaning: The operator and boat owner providing the services as outlined. The lead hirer is the client who is paying for the Charter and agrees to the terms and conditions prior to purchase. The ‘Group’ refers to all the guests who will be on board during the charter. Skipper means the qualified crew member in charge of the catamaran.

2. Tentative Bookings

Tentative reservations are placed in good faith for up to 3 business days pending a decision to make payment of a deposit and confirm a charter. A booking is not secured until a deposit has been received and a tentative booking is not associated with our booking process or an agreement to this booking policy.

3. Making a Booking

The lead hirer can request a charter booking online via the Prestige Harbour Cruises website, via email or via phone. A charter is confirmed on receipt of the deposit specified in a booking confirmation and acceptance of this booking policy.

All bookings made within 14 days of charter date require payment in full at the time of booking. Payment is accepted via Bank Transfer, Mastercard and Visa.

4. Deposit

The deposit payable will be 50% of the total estimated Charter fee unless otherwise specified in the quotation. The deposit is non-refundable.

5. Final Payment

Final guest numbers and final payment is required 14 days prior to the Charter unless otherwise agreed.

6. Vessel Capacities

Group and guests’ numbers are strictly limited to vessels capacity. These capacities include children. There are no exceptions to vessel capacities, and they are strictly enforced. Charters will not depart over capacity and risk cancellation with no refund or reschedule.

7. Cancellations

The following cancellation and change fees apply to your charter booking. Please note, special terms, conditions and cancellation policies apply to public holidays and New Years Eve. For New Years Eve bookings, a $1000 non refundable deposit is required with final payment due before 1st December of that year.

0 -7 Days from your charter: 50% of your charter total is charged to change your date. A 100% cancellation fee applies for canceling your charter

7- 14 Days from your charter: A $700 administration fee is charged to change your booking. 50% cancellation fee applies for canceling your charter.

14 Days or more from charter: A $500 administration fee is charged to change your booking. 25% cancellation fee applies for canceling your charter.

8. Responsible Service of Alcohol and Behaviour

Rockfish is BYO but abide by and ensure the Responsible Service of Alcohol. If alcohol is being consumed by guests during a charter, substantial food must also be provided to satisfy the RSA obligations. Passengers are encouraged to obey alcohol consumption RSA guidelines of no more than 6 standards drinks on any one day.

Passengers will not bring any illegal substances on board. Alcohol is only to be consumed by those 18 years of age or older. Staff are trained in the responsible service of alcohol and charters will be canceled if any unsocial behaviour is present. Guests are not permitted to carry liquor from the Vessel on disembarkation. Any damages and breakages caused by passengers will be charged to the organiser’s credit card or bond

9. Bond

Prestige Harbour Cruises will freeze a $1,000 security bond on your credit card 1-3 working days prior your cruise. Your bond will be released 1-3 working days after your cruise. Any damages and breakages caused by passengers will be charged to this card.

10. Substitute Vessel

In the event of a mechanical issue or problem out of our control, Prestige Harbour Cruises reserves the right to provide another vessel of similar style and capacity in order for the Charter to be completed. If a replacement vessel is not available, a full refund will be provided only.

11. Weather Conditions

Your charter will proceed in all weather conditions unless wind/thunder or storms are deemed to be unsafe on the day of departure. If we are obliged to reschedule your charter in the event of unsafe conditions, no refund will be offered but we will move you to your next preferred date, subject to availability. Decisions regarding ‘unsafe departure rescheduling’ are not made by our operations team outside of 24 hours from departure

12. Additional Charges and Damage

Any additional charges or damage to the vessel on the day of service will be immediately charged to the credit card provided by the client. This includes but is not limited to Charter extensions, additional services, water taxis, toilet blockages and boat damage. The lead hirer shall pay Prestige Harbour Cruises in respect of any loss or damage to the Vessel, its equipment or fittings howsoever caused by the guests.

13. Responsibility of the Lead Hirer

The lead hirer is always responsible for the conduct of the lead hirers group.

14. Limit of Liability

To the maximum extent permitted by law excludes all liability to you by Rockfish, its directors, officers, employees, contractors, representatives, or agents; for any cause including for negligence and whether the loss or damage occurred to person or property. The lead hirer agrees to indemnify the Operatorand agents, their employees and or partner agents from and against any losses, actions, expenses, fees, damages, and fines caused by any negligent act or omission by the lead hirer or members of the group including:

• Failure to follow any reasonable direction given by the master or crew.

• Failure to comply with any of these terms or conditions.

• Failure to comply with any warning sign.

• Unreasonable or unsafe behaviour.

• Wilful misuse of the equipment or facilities of the vessel.

• Intoxication or the use of prohibited drugs

15. Risk Warning

Recreational activities (including sailing & swimming) involve a significant risk of physical harm or personal injury including permanent disability and/ or death to participants. Any such injury or loss may result not only from your actions but from the action, omission, or negligence of others. Please read and obey all signs and follow all directions given by the company or its

employees, contractors, representatives or agents. Each guest will be presented with our Terms and Conditions, Safety Disclaimer & Waiver document on arrival and by remaining on board, agree that they have read, understood and agreed to abide by the guidelines and rules of the document.

Each guest must acknowledge that they have read this document in full, and that they acknowledge that the warning constitutes a risk warning under the Civil Liabilities Act, 2002. You also acknowledge that the risk warning has not been contradicted by any representation made by or on behalf of the Operator of Rockfish.

You will read all signs and follow all directions given by Rockfish or its employees, contractors, representatives, or agents; and you will conduct yourself in a controlled manner at all times. You declare to Rockfish that you are in a fit and healthy state to undertake a recreational adventure activity of this nature and that you have no pre-existing medical condition or injury which would adversely affect your competence on the boat or in the water

16. Acceptance

By making a booking and paying a deposit, the lead hirer agrees to be bound by these Terms and Conditions. The lead hirer acknowledges that he or she has read and understood these Terms and Conditions and has or will convey these conditions to all of the Group.