TERMS AND CONDITIONS
PARTIES 1.
These terms and conditions form the agreement between the Operator, and Agent (referred to as “we”, “us” or “our” in this agreement) and the party specified in the Details (referred to as “you” or “your” in this agreement). The vessel nominated in the Details is referred to in this agreement as the “Vessel”.
This agreement comes into force immediately on your execution of it without the need for us to execute this agreement.
IMPORTANT: The vessel is not secured for your Event/Charter on your chosen date/time until we receive the following items within 5 business days of your booking, otherwise the tentative booking will be released for resale):
1. Signed copy of these Terms and Conditions, signifying acceptance of these Terms and Conditions
2. Completed credit card authority section by authorised representative (final page of this document)
3. 25% deposit as outlined below (and remainder to be paid in full within outlined timeframes)
DEPOSITS: Below is a list of the payment instalments required for your Private Event on board Starship Sydney:
Upon signing Terms & Conditions, required to secure date - 25% of Event/Charter booking fee due
16 weeks from Event Date - Further 25% of Event/Charter booking fee due
2 weeks from Event Date - Final invoice due, based upon estimated final number of guests
Prior to disembarkation (unless otherwise arranged with GM (General Manager) approval) - Settlement of any/all incidentals incurred during Event/Charter.
CANCELLATION BY CHARTERER: If the Charterer, for any reason whatsoever (other than outlined in the Force Majeure clause below), wishes to terminate this agreement, cancellation fees will apply. (Written notice (email) is required for cancellation of your Event/Charter).
The following notice periods will incur the listed cancellation fees:
Greater than 38 weeks to Event Date - Cancellation fees of $1000.
Between 38 - 16 weeks from Event Date – Cancellation fee equal to 25% of total Event/Charter booking fee Between 16 – 4 weeks from Event Date – Cancellation fee equal to 50% of total Event/Charter booking fee Less than 30 days from Event Date – Cancellation fee equal to 100% of the total Event/Charter booking fee.
Cancellation fees have been calculated with reference to the reasonable costs incurred by the Operator as a result of the cancellation, and the likelihood that The Operator will be able to re-book the cancelled booking.
POSTPONEMENT/RESCHEDULING: If the Charterer for whatever reason requires a date change (postponement/rescheduling of the contracted event) to a new date, the following terms apply:
• Postponement of the event may take place up to 60 days prior to the Event/Charter date, subject to payment of an Administration Fee of $1000 (calculated with reference to the reasonable costs incurred by The Operator as a result of the postponement).
• Postponement of the event less than 60 days is considered a cancellation, and cancellation fees apply (as outlined above).
• The new booking date will need to meet the minimum spend of the original booking.
• Only one date change will be permitted.
• Deposits paid to date will be transferred to the new selected date.
• A deposit of 25% of the total contracted minimum spend of the booking will be required to secure the new date. In circumstances where the postponement results in additional fees being payable, this may require the Charterer to increase the amount of the deposit paid.
FORCE MAJEURE: If the Operator is forced to cancel the intended Event/Charter by reason of force majeure which includes acts of God, NSW Public health order restriction imposed by state or Federal government i.e.
(Lockdown/Stay at home order), strike, lockout or stoppage or restraint of labour or government, insurrection, boycott or industrial unrest, piracy, hostilities, warlike operations, civil war, revolution, rebellion, disruption of travel services, government travel advisories or, without limiting the generality thereof, by any reason whatsoever outside their control, the Operator shall be under no obligation to provide a substitute vessel for the Event/Charter or to continue the Event/Charter. Subject to any entitlement the Charterer may have under Australian Consumer Law, any such circumstance shall not give rise to any claim against any member of The Operator by the Charterer or passengers.
If the Charterer wishes to cancel the Event/Charter due to reasons outlined in the Force Majeure clause, the Operator shall not impose any of the above cancellation terms and fees, and will refund paid deposits within 30 days from the date of cancellation.
REFUND DUE TO FORCE MAJEURE: In the event of cancellation of the Event/Charter prior to leaving the scheduled boarding time, pursuant to Force Majeure Clause, the Operator undertakes to refund to the Charterer all the monies paid by it. Subject to any entitlement the Charterer may have under Australian Consumer Law, this payment constitutes the full and complete liability of all members of The Operator to the Charterer and all intending passengers in the event of cancellation pursuant to Force Majeure Clause.
Estimated Final Numbers: Estimated Final numbers are required 2 weeks prior to your Event/Charter. The final invoice will be based upon these estimated numbers advised by Charterer, payable within 7 days. We will cater and charge for the confirmed number of guests. The number of guests can increase by no greater than 10% of those advised at this time.
Final Payment: Required 2 weeks prior to your Event. If not received, we reserve the right to automatically cancel the Event/Charter and retain all monies received. In all events, Charterer must pay for no less than the minimum guest numbers quoted or the estimated final numbers, whichever is greater.
Cruise Changes: In the event of the Charterer seeking to include additional guests on the Event/Charter exceeding the numbers paid for, it is at The Operator’s sole discretion whether it accepts the additional guests in whole or in part. If it does so, the Charterer must pay for additional guests prior to departure. In the event of non-payment for additional guests The Operator reserves the right to cancel the Event/Charter in its entirety. At its absolute discretion, The Operator may choose to defer departure until such time as the number of guests on board conforms to the payments already received. The Event/Charter will not be extended beyond the contracted term because of any delays in dealing with boarding and payment for additional guests and the sourcing of additional resources such as crew, food, beverages, and fuel because of additional guest numbers.
Payment Methods:
1/ Direct Deposit - Please refer to the deposit invoice for account details, remittance advice is required.
2/ Credit Card - If you choose to settle your account by Credit Card a credit card fee will be added to the cost of your Event/Charter. The fee is calculated on the amount charged to your credit card for each payment.
Bump in and Bump out time periods are periods of transition between one charter/event and another. On occasion our vessel may have an event pre or post your charter booking. This is standard industry practice and in this time we request your assistance to allow our experienced team of professionals space and time to be ready for your guests’ arrival, and to prepare for the next event/charter.
Disembarkation of Vessel: We allow 15 minutes for all guests to disembark the vessel at the end of an Event/Charter. If guests fail to disembark after this time, extension time will be charged at $600.00 for every 1/2 hour or part thereof. It will assist us greatly and minimise cost to you if this can be explained to your guests prior to your Event/Charter.
Items left onboard: Guests are asked to take all gifts, flowers, decorations etc with them at the completion of the Event/Charter. Any food and other perishable items (e.g., cake) will be disposed of immediately after the event including wedding cake. All care but no responsibility is taken for items left on board.
Damage: The Charterer is always responsible and liable for the conduct of on-board guests, and is liable for damage caused to the vessel, fixtures, fittings, or its contents whether sustained by their own actions, or through the actions of their guests, contractors, or subcontractors.
Smoking: The Operator has a No Smoking Policy within indoor Areas. Guests are permitted to smoke in designated outdoor deck areas where ashtrays are provided.
Disabled Persons: Elderly/ Frail/ Persons with special needs must have a carer throughout the duration of the Charter. The carer must assist person on board, and up & down stairs. The Operator’s vessels do not have on board wheelchair access to separate levels and toilets.
Advertising: The Charterer will submit any advertising, publicity, promotional or other material prepared for distribution for the prior written approval of the Operator and undertakes not to release or distribute any published materials or make any representations in relation to the services provided on the Event/Charter which have not been approved in writing by the Operator.
Exterior Lighting and Signage
The Venue reserves the right to install temporary lighting, signage, or other promotional materials on the exterior of the vessel at its sole discretion. Any such installations will be carried out in a manner that does not negatively impact the client experience or the overall aesthetics of the event.
Additional Information: If, in the reasonable judgment of the Operator, the nature of the Event/Charter or the prevailing circumstances warrant increased security measures, the Operator shall have the right to require additional security services for the Event/Charter. These additional security services may include, but are not limited to, RSA marshals, security guards or medical response officers. The cost of the additional security services shall be borne by the Charterer. The Operator will notify the Charterer in advance of any additional costs to be incurred, and the Charterer may cancel the Event/Charter if it does not agree to the additional costs with no cancellation fees payable.
POLICY ON THE RESPONSIBLE SERVING OF ALCOHOL: The Operator proudly abides by Australian alcohol laws and regulations (including the Liquor Act 2007 (NSW)) and the Charterer understands that the Captain of the vessel has the ultimate responsibility for the safety of passengers and crew on the ship. They are authorised to restrain intoxicated, disruptive, violent or abusive passengers (determined at the Captain’s sole discretion) until they can be landed ashore at a recognised port, where they are authorised to eject them. The cost of the diversion of the vessel to a port will be borne by the Charterer.
CONDITIONS OF CONTRACT:
1. The Charterer acknowledges that during the Event/Charter period the vessel will be and remain under the complete control of the Operator and that the direction and control of the vessel and its crew is always the sole responsibility of the Captain.
2. The Charterer acknowledges that the Captain always has the sole and absolute discretion to take whatever action is necessary to protect and maintain the safety, welfare and good order of the vessel, its passengers, and crew.
3. All items brought on to the vessel must meet any requirements specified by the Operator and may be inspected by The Operator. The Operator may refuse to allow any item to be carried on the vessel that does not meet its requirements or is otherwise unacceptable to The Operator.
4. It is agreed and acknowledged that any person signing this contract on behalf of any company, club, association, or other entity: (i) is an office bearer of the company, club, association, or organisation. (ii) is authorised to sign this contract on behalf of the company, club, association, or other entity.
5. It is agreed and acknowledged that any person signing this contract on behalf of any company, club, association, or other entity warrants that all persons invited by the Charterer to board the vessel who are not employees of the company, club, association or other entity, or members of the company, club, association, or other entity, will accept and be bound by the conditions of the contract and will always accept without question the reasonable directions of the Captain and/or the crew of the vessel for the safety of the vessel and all on board.
6. The Charterer is not permitted to take alcoholic beverages aboard the vessel under the Liquor Act 2007 (NSW). The Operator reserves the right to refuse alcohol to be served to guests who are intoxicated, or where proof of age cannot be produced.
7. The Operator's product and services - menu, liquor, entertainment, inclusions, etc - are defined in the Client Event Contract and has been agreed between the Operator and Charterer. . It is the Charterer’s responsibility to review the Client Event Contract prior to entering into it and ensure it corresponds with expected product and services. Any alterations or additions to the product and services specified in the Client Event Contract requested by the Charterer will be to its cost and must be agreed by the Operato
8. All subcontractors engaged on the vessel work under control of the Operator.
9. The Operatory is not a common carrier and reserves the right to refuse to carry any passenger; luggage or goods it considers will compromise the safety or comfort of vessel or passenger.
The Operator reserves the right to:
1. Substitute any other vessel other than the vessel named in this contract (including a vessel not owned by The Operator) provided that the substituted vessel is of similar type and includes similar facilities to that vessel named in the contract. Subject to any entitlement the Charterer may have under Australian Consumer Law, no member of The Operator is liable for any loss or expense incurred by the Charterer or passengers as a result of such substitution.
2. Cancel or abandon the Event/Charter including during the course thereof, if The Operator or Captain considers in its or his sole and absolute discretion that the said cancellation or abandonment is necessary for reasons of weather, equipment failure or in the interests of the safety and wellbeing of the vessel, its passengers and crew and subject to any entitlement the Charterer may have under Australian Consumer Law, no member of The Operator will be liable for any loss or expense incurred by the Charterer or passengers caused by such cancellation or abandonment.
In the event of cancellation of the Event/Charter by The Operator prior to the scheduled boarding time where the Charterer has not breached these terms and conditions, the Charterer shall be entitled to a refund of all the monies paid at the date of cancellation. Subject to any entitlement the Charterer may have under Australian Consumer Law, this payment constitutes the full and complete liability of all members of the The Operator to the Charterer and all intending passengers in the event of cancellation.
AUSTRALIAN CONSUMER LAW: Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failure with the services, you are entitled:
a. to cancel your service contract with us; and
b. to a refund of the unused portion, or to compensation for its reduced value; and
c. to be compensated for any other reasonable foreseeable loss or damage.
If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
In circumstances where the Australian Consumer Law does not apply to the provision of services to you, then to the greatest extent possible, any liability of The Operator or its related entities for any loss or damage, however caused (including by our negligence), suffered, or incurred by you or any passenger:
a. in connection with the services are limited to, at The Operator’s election:
i. the fees paid by you for those services; or
ii. the resupply of those services; and
b. in connection with loss or damage to property or belongings taken aboard the vessel is limited to $100
To the greatest extent allowable at law, The Operator and its related entities are not liable for any loss or damage, however caused (including by our negligence), suffered, or incurred by the Charterer or passenger in connection with:
a. the Charterer’s failure to comply with these terms and conditions;
b. the Charterer’s or any passenger’s failure to comply with any reasonable direction given the Captain and/or crew of the vessel;
c. events that are outside of the reasonable control of The Operator or its related entities, including where such events lead to cancellation of services or deviations or delays in the services; or
d. the acts or omissions of any third party of independent contractor.
To the greatest extent allowable at law, The Operator and its related entities are not liable for any death or injury to any person which occurs and is attributable to or associated with the Charterer’s or any passenger’s:
a. Failure to follow any reasonable direction given by the Captain and/or crew of the vessel;
b. Failure to comply with any condition of this contract;
c. Failure to comply with any warning sign;
d. Unreasonable or unsafe behaviour;
e. Wilful misuse of the equipment or facilities of the vessel; or
f. Intoxication or the use of prohibited drugs (including prescription drugs used outside of a prescription).
Nothing in these terms and conditions exclude or limits The Operator’s liability in respect of:
a. death or personal injury caused by The Operator’s negligence or wrongful act; and
b. fraud or fraudulent misrepresentation, except to the extent such liability is contributed to by the Charterer.
The Charterer indemnifies The Operator and its related entities against all penalties, fines, charges, losses and expenses imposed upon or incurred by The Operator and its related entities because of the Charterer’s acts or omissions or the acts or omissions of a minor or any other person in the care or control of the Charterer or any guests of the Charterer.
General
a. These terms and conditions are governed by the laws of New South Wales, and where applicable, the Commonwealth of Australia.
b. If any provisions of these terms and conditions is or becomes illegal, unenforceable or invalid in any jurisdiction, it is to be treated as being severed from these terms and conditions in the relevant jurisdiction, but the test of these terms and conditions will not be affected.
c. Specifying anything in these terms and conditions after the words ‘include’ or ‘for example’ or similar expressions does not limit what else is included.
d. This contract cannot be transferred or assigned by the Charterer.
In these conditions:
1. “Event/Charter" means the exclusive use of the named vessel together with all the accompanying facilities and services (as listed) to be provided by The Operator to the Charterer for the agreed period in return for the payments to be made by the Charterer to The Operator.
2. “The Operator” means vessel owner/operator and where the context requires, its employees, agents and subcontractors.
3. “Charterer” means the person, company, club, association or other entity signing this contract and includes all members of any company, club, association or other entity on behalf of whom this contract has been signed and the guest and invitees of any such person, company, club, association, or other entity that performs any part of or all this contract and includes any employee, agent or subcontractor.
4. “Postponement” refers to the act of deferring the listed Event/Charter to an alternative date.
Please sign below to confirm event details and acceptance of the terms and conditions.
Client Signature:
Date:
