1. DEFINITIONS
In this agreement, the following terms have the following corresponding meaning:
Agent means the agent through which the Charter was booked.
Charter means the cruise for which the Charterer is paying and the Operator is providing.
Charterer means the client who is paying for the Charter.
Charterer’s Group means all the passengers who will take part in the Charter.
Master means the duly qualified person in charge of the Vessel.
Operator means the owner or operator of the Vessel as specified in the Booking Confirmation.
Vessel means the Operator’s vessel or vessels specified in the Booking Confirmation.
Partner vessels all vessels other than Silver Spirit or Free Spirit
2. LEGALLY BINDING CONTRACT
The following terms & conditions apply to any services provided by The Agent: Hens Party
Cruises/Spirit Fleet (ABN 45 607 013 525 Whale Swim Safaris Pty LTD)
2.1 Acceptance
(1) By accepting the quotation and paying a deposit, the Charterer agrees to be bound by these
Terms and Conditions.
(2) The Charterer acknowledges that they have read and understood these Terms and Conditions
and has or will convey these conditions to all of the Charterer’s Group.
3. CONFIRMATION OF BOOKING / DEPOSIT / PAYMENT
3.1 Quotations
Quote prices are valid for 7 days only and are in Australian Dollars (AUD$) and inclusive of GST.
3.2 Tentative Bookings
Tentative reservations will be held in good faith for up to 7 days pending payment of a deposit, or
until another party wants to book the same vessel, whichever is sooner. The booking is not
secured until a deposit has been received.
3.3 Confirmation of Booking
A Charter will be confirmed on receipt of the deposit specified in the quotation. All bookings made
within 14 days of Charter date require payment in full at the time of booking.
3.4 Deposit
The deposit payable will be 50% of the boat charter fee unless otherwise specified in the
quotation.
3.5 Final Payment
(1) Final guest numbers and final payment is required 14 days prior to the Charter unless
otherwise agreed.
(2) The final guest numbers specified by the Charterer at least 14 days prior to the Charter will be
deemed the minimum number of guests for charges. After this time the guest numbers may
increase if agreed by the Agent/Operator, however they cannot decrease.
(3) Any additional passengers on the day are charged accordingly.
(4) If the balance has not been made within 10 days of the scheduled charter date, the Agent
reserves the right to cancel the charter with no deposit refunded.
3.6 Booking Management
A booking management fee applies to all bookings and covers booking administration, reservation management, payment processing, and customer service regardless of the method of payment. Payment methods accepted are EFT, or credit card.
3.7 Additional charges
Any additional charges on the day of service are to be immediately charged to the credit card
provided by the charterer. This includes but is not limited to extensions of Charter, additional
guests, additional services, pay-on consumption beverages, waiting time for embarking and
disembarking at wharves, water taxis and any other additional charges notified by the Operator.
3.8 Right of refusal
(1) The Agent reserves the right to refuse bookings which contravene these Terms and
Conditions.
(2) The Charterer must provide all necessary details to the Agent about the Charter and the
Charterer’s group.
(3) The Charterer must not mislead the Agent in anyway. By providing false or misleading
information regarding the nature of the Charter and/or the Charterer’s group, the Agent and/or
Operator reserve the right to refuse boarding of any or all passengers with no refund offered.
3.9 Changes to confirmed bookings
Menu, guest numbers and extras can be amended up until the 14 days before the Charter date.
You are not permitted to change the package (vessel) for your booking, this would be deemed
cancellation, refer to point 4.1. Date and time changes refer to point 4.2.
4. RESCHEDULING AND CANCELLATIONS
All rescheduling requests and cancellations must be made in writing and emailed to
[email protected] or [email protected]
4.1 Cancellations
(1) Cancellations within 14 days of the charter date incur a 100% fee and no refund will be
offered;
(2) Cancellations 14 days or more incur a 50% cancellation fee. The 50% fee is calculated on the
original charter booking made;
(3) The deposit will not be refunded for a booking cancellation.
4.2 Rescheduling
(1) Rescheduling dates are permitted on a case by case basis. If a reschedule has been allowed,
you will only have that one opportunity to reschedule;
(2) Rescheduling is not permitted within 30 days of the charter date and not permitted for
Charters booked in December;
(3) Rescheduling dates between 31 days and 60 days of the Charter incur a 50% rescheduling
fee. The 50% fee is calculated on the original Charter booking made;
(4) Rescheduling dates greater than 61 days of the Charter incur a 25% rescheduling fee. The
25% fee is calculated on the original Charter booking made;
(5) Where the Agent can find a replacement booking to fill the date/time of the original booking,
then it is at the discretion of the Agent as to whether the rescheduling fee is waived;
(6) An admin processing fee of $500 will apply to all rescheduling of dates;
(7) All monies for the original Charter date will be transferred to the new date as a credit. Credits
are non refundable;
(8) You will not be entitled to reschedule the charter to a departure date between the months of
November to January;
(9) Any proposed rescheduled date must be within 12 months of the original booking date
otherwise the charter will be deemed to be cancelled and all monies paid forfeited as a
cancelation fee;
(10)If pricing for the new date selected has a higher rate, you will be required to pay the
difference.
5. FOOD AND ALCOHOL
5.1 Responsible service of alcohol
(1) The Operator is bound by the NSW Liquor Act and must abide by the guidelines for the
Responsible Service of Alcohol;
(2) Intoxicated guests will not be permitted to board;
(3) The Operator must refuse service of alcohol to both intoxicated persons and guests under the
age of 18;
(4) The Operator may refuse service of alcohol to any individual, this is the Operator’s and/or the
Operators employees absolute discretion at any time;
(5) If the Charter or any of the Charterers group are showing signs of intoxication, including but
not limited to; slurring words, rude and/or aggressive and/or inappropriate behaviour, vomiting
or loss of coronation, will result in the immediate ejection of any and all passengers at the
nearest permissible wharf area with no refund offered;
(6) The Vessel has the right not to serve shots or doubles under any circumstances. Mixed drinks
will be served with a standard 30ml spirit measurement;
(7) Where alcohol is supplied by the vessel, drinks service will cease 15 minutes prior to the end
of the Charter;
(8) Guests are not permitted to carry liquor from the Vessel on disembarkation;
(9) Indecent behaviour on a Charter Vessel is prohibited under the NSW Liquor Act, and your
Charter will be terminated in the event of unacceptable behaviour as determined by the crew,
and if such circumstances occur, there will be no refunds;
(10)If the Charter or any of the Charterers group are seen consuming or showing signs of being
under the influence of illegal substances, the Charter will result in the immediate ejection of
any and all passengers at the nearest permissible wharf area with no refund and the relevant
authorities notified.
5.2 Food
(1) The Agent must be advised of any dietary requirements at least seven (7) days prior to the
scheduled date of the Charter. The Agent will endeavour to accommodate any dietary
requirements but makes no guarantee that all requests made will be accommodated for;
(2) Whenever alcohol is served on a Vessel, a substantial quantity of food must also be provided
to satisfy the RSA obligations. If the charterer chooses one of the Agent’s partner vessels and
elects not to undertake the Vessels catering services, then the charterer will be responsible for
and must bring a substantial amount of food that will be consumed in accompaniment with
alcohol 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 the Agent prior to the Charter date;
(3) If you are on the Agent’s Partner Vessel where alcohol (including BYO alcohol) is available and
you have elected not to undertake the vessel’s catering services, then the Agent and/or
Operator reserves the right to deny the Charterer's group alcohol if the Operator believes that
the food that the Charterer and/or Charterer’s group have brought onboard is not substantial
enough to alleviate any safety or legal concerns.
6. GENERAL CONDUCT AND SAFETY
6.1 Charter Course
The course to be undertaken during the Charter may be agreed in advance with the Operator or
with the Master on the occasion of the Charter. 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.
6.2 Embarkation and Disembarkation
(1) The Charter time includes boarding and disembarking. The Charter will not be extended if the
Charterer or the Charterers group are late.
(2) The Vessel will dock at the times stated on the booking confirmation.
6.3 Responsibility of the Charterer
The Charterer is at all times responsible for the conduct of the Charterer’s group.
6.4 Damage to the Vessel
The Charterer shall be liable for any loss or damage to the Vessel or its equipment or fittings
howsoever caused by the Charterer’s Group. Fair wear and tear excepted.
6.5 Swimming
(1) Swimming is only permitted during daylight hours when the Vessel is stationary and in the
absolute discretion of the Master;
(2) The Operator, the Agent, their agents and employees, accept no responsibility for The
charterer’s or the charterer’s groups 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.
6.6 Weather Conditions
(1) All Charters will proceed regardless of weather conditions unless deemed unsafe by the
Master on the day.
(2) The Master and the Agent reserve the right to make a determination on the day that the
charter is to be rescheduled due to adverse weather conditions. This right solely rests with the
Master and the Agent. The Charterer is not entitled to reschedule the Charter at any time due
to current or forecasted weather conditions.
(3) If there is any rescheduling of the charter due the determination of the master or the agent, 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.
6.7 Substitute Vessel
In the event of a mechanical problem to the booked vessel, the Agent reserves the right to provide
another vessel of similar style and capacity in order for the Charter to be completed.
6.8 Music
(1) Music is turned off 5 minutes prior to the end of the charter.
(2) DJ’s are not permitted on the Agents’ Vessels Silver Spirit and Free Spirit.
(3) Should you choose the Agent’s partner vessels that permit DJs, relevant DJ surcharges apply
and you must advise The Agent of your intent to supply a DJ. The relevant surcharges will be
advised at time of booking.
(4) DJ’s music must be turned off 10 minutes before the end of the charter and be packed up
ready for disembarking within those 10 minutes.
6.9 Decorations
Decoration of the vessel is allowed with the Master’s consent, provided no damage occurs to the
vessel when installing or removing these items. The Agent recommends that you keep decorative
items simple and conservative. Confetti, glitter, flower petals, tinsel, feather boas, crepe/tissue
paper or other items that will shed, run colour or create excess mess on board the Vessel are not
allowed.
6.10 Responsibility of the Charterer
The Charterer is at all times responsible for the conduct of the Charterer’s group.
6.11 Damage to the Vessel
The Charterer shall be liable for any loss or damage to the Vessel or its equipment or fittings
howsoever caused by the Charterer’s Group. Fair wear and tear excepted.
7. SECURITY BOND
7.1 Security Bond
The Charterer is required to pay a Security Bond (ordinarily held 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 Operator’s routine in which case such costs will be deducted as are
necessary to clean the Vessel and will be a minimum of $300.00. Such deduction is at the
Operator’s absolute discretion and this decision is final and binding;
(c) 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 against you.
7.3 Authorisation
The Charterer must declare that the credit card details provided for the authorisation of the
Security Bond are true and correct.
8. LIMITATION OF LIABILITY AND RISK WARNING
8.1 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.
8.2 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:
(a) Failure to follow any reasonable direction given by the Master or crew;
(b) Failure to comply with any of these terms or conditions;
(c) Failure to comply with any warning sign;
(d) Unreasonable or unsafe behaviour;
(e) Wilful misuse of the equipment or facilities of the vessel;
(f) Intoxication or the use of prohibited drugs.
8.3 Risk warning
There are inherent risks and dangers on board any vessel. All passengers participate in the
Charter entirely at their own risk.
8.4 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.
9. GOVERNMENT ORDERS, COVID-19 AND EVENTS OUTSIDE OF OUR CONTROL
9.1 Your compliance
(1) Charters are classified under the hospitality and recreational sector. The Agent, The Operator
and The Charterer agree to comply with all government orders relevant to the hospitality and
recreational sector and/or charters in general. This includes any orders and requirements of
the Australian government relating to COVID-19.
(2) The Agent and/or Operator reserve the right to refuse any of The Charterer’s group to board
any Vessel if they have not complied with any relevant and applicable government orders, with
no refunds offered.
9.2 Government orders
(1) The Agent is only accepting bookings for tours and Charters that are within the vessel’s
COVID capacity and in accordance with the relevant government guidelines and travel
restrictions. This capacity can change based on government orders. The Charter will be held
to the capacity that was in place at the time The Charter was booked.
(2) Based on current guidelines at the time The Charter is confirmed, The Charter can proceed on
the selected vessel, and operators and vessels work within COVID safe guidelines.
(3) The Agent and/or Operator reserve the right to refuse entry of anyone on the vessel if it will
cause non-compliance with any Government order or law. No refunds will be offered.
(4) Closure of state/national borders should not be deemed a reason for a reschedule/
cancellation based on the below policy, if the charter can operate under NSW government
orders.
9.3 Rescheduling and cancellations
(1) If the Australian government enforces stricter conditions, and accordingly, The Charter cannot
proceed as per the original booking confirmation, 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 $500.00 administration fee. If your booking
has been made on one of the Agent’s partner Vessels, this option may not be available
(2) The option selected at the time the Agent contacts you to advise The Charter 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 the reschedule/cancellation policies noted in condition 4.
(4) If catering has been ordered for The Charter, and The Charter is cancelled or rescheduled
within 4 days of The Charter date, you will be required to pay for this catering, irrespective of
the reason for the reschedule or cancellation.
(5) You will not be entitled to reschedule The Charter to a departure date between the months of
November to January;
(6) If pricing for the new date selected has a higher rate, you will be required to pay the
difference.
(7) All monies for the original Charter date will be transferred to the rescheduled date as a credit.
Credits are non refundable;
(8) If 25% or more of The Charter’s group, attending The Charter return a positive COVID-19
result or are directed to isolate by the Government due to being a close contact, you will be
offered a reschedule for a date within three (3) months of the original charter date. You will
need to provide proof of this;
(a) A rescheduling fee of $500 will apply, along with unrecoverable staffing, catering and
extras costs (if applicable);
(b) Rescheduled dates are only available for Sunday to Thursday and are subject to availably;
(c) The Charter will be rescheduled for the same amount of guests originally booked. You can
add more guests for the relevant per person price, however there are no refunds for guests
unable to attend the new date.
(d) If the number of guests that cannot attend falls below the 25% criteria, The Charter will
proceed as planned, or if a reschedule is requested then the terms noted in condition 4 are
applicable;
(e) There are no refunds for rescheduled charters. Should you not reschedule the cruise within
the 3 months the balance is forfeited as a cancelation fee;
(f) Proof of all guests positive results will need to be provided at time of reschedule.
10. MEDIA RELEASE AND WAIVER
10.1 Consent
(1) The Charterer and each member of the Charterer’s Group hereby consent the Agent, the
Operator and/or the Master to take, or have taken by others, including the Vessel Silver Spirit’s
Photo Booth, 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, the Agent’s social
media accounts, other multi-media uses, advertisements or graphic representation in
connection with the Agent’s 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 our staff prior to your
cruise that you do not consent, and we will make the appropriate arrangements.
10.2 Waiver and Acknowledgements
The Charterer acknowledges and agrees that the Images, including the photo booth images, are
the absolute property and remain in the ownership of The Agent. 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 for any remuneration, residuals, royalties or any other payment in respect
of the use of the Images. The Charterer or any member of the Charterer’s Group cannot make any
claim (of any nature) against, and hereby discharge, the Agent and/or the Operator and their
employees in connection with the use of the Images in accordance with this condition.
10.3 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 Agent. You acknowledge that a breach of the above
covenant may result in loss and damage to the Agent, and the Agent reserves the right to
terminate the booking and/or seek damages against you. This condition continues to apply at all
times, including after the charter.
