Sydney Sundancer

TERMS AND CONDITIONS OF CHARTER

1/     Definitions

In this agreement, the following terms have the following corresponding meaning:

“Charter” shall mean the vessel for which the Charterer is paying.
“Charterer” shall mean the person signing this agreement and any company, club, group or association embarked on the vessel on behalf of whom this agreement has been signed including the guest of any such member of any company, club, group or association.
“Company” shall mean Tork Communications Pty Ltd, trading as Prestige Harbour Cruises through which the Charter was booked.
”Vessel” shall mean any vessel supplied for the purpose of the charter by the Operator.
“Operator” means the owner or operator of the Vessel as specified.

2/     Online Bookings
When you make a booking, Prestige Harbour Cruises reserves the right to accept or reject the booking for any reason, including, without limitation, the unavailability of any product or service, an error in the price or the product or service the description posted on our website or an error in your booking. All prices are in Australian dollars and include GST. Surcharges over the peak holiday season may apply.  

3/     Tentative bookings will be held for a maximum of 48 to 7 days (depending on the Operator), unless there is another request for the same time slot and date then the booking must be confirmed with a deposit.

4/    Deposit: A deposit of 50% will be required to confirm your booking unless otherwise agreed. On receipt of the deposit your booking is confirmed and subject to terms and conditions of this charter contract. Merchant fees for credit card payments will apply and are non-refundable.

5/     Security Bond: The Charterer is required to pay a security bond or provide a pre-authorised credit card guarantee to the value of the bond amount. The security bond may be applied by the Operator to cover additional costs including but not limited to damage to the vessel, its equipment and fittings, additional services, excessive cleaning charges and any other costs attributable to the Charterer’s Group. The security bond or the balance thereof will be refunded 7 days after the Charter.

6/     Cancellations: All cancellation requests must be in writing
a) Up to 120 days prior: Deposit will be non-refundable.
b) Up to 30 days prior: Full payment is nonrefundable

7/     COVID Policy
All Operators adhere to Public Health COVID-safe regulations. If the govt or state enforces stricter conditions and the cruise cannot proceed, you will be able to choose to reschedule for a date within 12 months of your original cruise date. The details of your rescheduled cruise should be like for like, and the reschedule period may exclude certain periods of dates. Please note that if pricing for the new date selected has different rates, you will be required to pay the difference, or vis versa, the difference will be credited back to you. This would be based on the restrictions that are in place 14 days prior to your cruise date. A change to the date would only be allowed if govt or state rules meant the cruise couldn’t run. A reschedule or cancellation for any other reason will be subject to our standard reschedule/cancellation policy and fees will be incurred. 

8)     Final Payment: is required 8 weeks prior to the charter date:

9/    Additional Charges: Any additional charges may be charged to the credit card or taken from the security bond provided by the Charterer. This includes but is not limited to damages, excess fuel use, excessive cleaning charges and any other additional charges notified by the vessel operator

10/   Misconduct
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. Nudity, prostitution, and illicit drugs are prohibited on all charters

11/    Supplier cancellations
The Charterer acknowledges that itineraries may be changed or cancelled for any reason at the discretion of the Master/ Charter operator. If the Master/Operator has to cancel the trip or activity (prior to departure) and we cannot offer a suitable alternative, then a refund will be given minus a 20% administration fee and any associated card fees. We strongly recommend that you have travel insurance.

12/   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.

13/   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:

(i) Failure to follow any reasonable direction given by the master or crew;
(ii) Failure to comply with any of these terms or conditions;
(iii) Failure to comply with any warning sign;
(iv) Unreasonable or unsafe behaviour;
(v) Wilful misuse of the equipment or facilities of the vessel;
(vi) Intoxication or the use of prohibited drugs.

14/   Risk Warning
There are inherent risks and dangers on board any vessel. All passengers participate in the Charter entirely at their own risk.

15/   Swimming
Swimming is only permitted during daylight hours when the vessel is stationary and in the absolute discretion of the crew.

16/   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.

22/   Acceptance
By accepting the quotation and paying a deposit, the Charterer agrees to be bound by these Terms and Conditions.