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/ Tentative bookings will be held for a maximum of 7 days, unless there is another request for the same time slot and date then the booking must be confirmed with a deposit.
3/ 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.
4/ 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.
5/ Cancellations: All cancellation requests must be in writing
a) Up to 60 days prior: Deposits paid will be refunded less a $700 administration fee, so long as another booking is secured for the same date and time slot to an equal value. If another booking is not secured, the deposit will be non-refundable.
b) 61-31 days prior: Deposit is non-refundable
c) 30 – 14 days prior: Total monies paid are not refundable.
d) Less than 14 days prior: Full payment is nonrefundable
6/ COVID related cancellation/ postponement policy
a) Operational Lockdown - In the event of COVID-related lockdown restrictions affecting the vessel operator’s ability to undertake your charter on the confirmed date you may postpone your booking without penalty.
b) Changed COVID vessel operational restrictions impacting your booking
Any newly imposed operational restrictions that impact the ability for the vessel operator to deliver the contracted charter inclusions on the basis of passenger numbers, catering and beverage inclusions alone, the operator reserves the right to offer a substitute vessel, and other inclusions or postpone the charter without penalty. Restrictions effecting third party services & activities such as entertainment and dancing are not considered to be an integral requirement of the charter contract and operational service.
c) New COVID restrictions impacting your ability to proceed with the booking
Should new restrictions or other COVID related reasons arise prior to your charter date that will prevent you from proceeding with the booking on the agreed date. You will be required to notify us in writing and provide evidence to support your claim. The vessel operator reserves the right to only offer the option to postpone. Transfer fees may apply depending on the notice period given. If you are unable to provide reasonable evidence or wish to cancel then our standard cancellation terms and conditions will apply.
7) Rescheduling postponed bookings. You may reschedule your postponed booking within 6 months of the initial charter date for a like for like charter. Public holidays, special events and other block out dates may apply. Subsequent postponement of a charter booking will be subject to authorisation of the vessel operator
8) Final Charter Details: required 14 days prior to the charter date:
a) Final guest numbers, any dietary requests and male/ female guest ratio. The balance invoice will be calculated the on final guest numbers specified by the Charterer and will be deemed the minimum number of guests for catering charges. Guest numbers may increase within 14 days of the charter date if agreed, however they cannot decrease.
b) Passenger Manifest: List of passenger names, contact numbers (where possible) and residential suburb/ state will be required
c) Final Payment: Final payment is required 14 days prior to the Charter unless otherwise agreed. Catering charges for additional passengers thereafter will be invoiced and charged according.
9/ Additional Charges: Any additional charges on the day of service are to be immediately charged to the credit card or taken from the security bond 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, and any other additional charges notified by the vessel operator
10/ Responsible Service of Alcohol, Smoking and Behaviour
a) In accordance with Liquor Licensing Act, the Company practices responsible service of alcohol. Any persons deemed to be intoxicated will be refused service of alcoholic beverages.
b) Under clubs and restaurants act smoking is only permitted in the dedicated smoking area of the vessel.
c) Indecent behaviour on a licensed vessel is prohibited under the 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. Nudity, prostitution and illicit drugs are prohibited on all charters.
11/ Substitute Vessel In the event the Operator is unable supply to the booked vessel, the Company reserves the right to provide another vessel in order for the Charter to be completed.
12/ Weather Conditions
All Charters will proceed regardless of weather conditions unless deemed unsafe by the Master on the day.
13/ Charter Course
The course to be undertaken during the Charter may be agreed in advance. 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.
14/ Embarkation and Disembarkation
The Vessel will dock at the times stated on the booking confirmation. All guests have 10-15 minutes to board and disembark from the times stated in the booking confirmation. Excessive boarding and disembarkation will be charged at a pro-rata hourly rate.
15/ Responsibility of the Charterer
The Charterer is at all times responsible for the conduct of the Charterer’s group
16/ Damage to the Vessel
The Charterer shall indemnify the Company in respect of any loss or damage to the Vessel or its equipment or fittings howsoever caused by the Charterer’s Group. Fair wear and tear excepted.
17/ 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.
18/ 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.
19/ Risk Warning
There are inherent risks and dangers on board any vessel. All passengers participate in the Charter entirely at their own risk.
20/ Swimming
Swimming is only permitted during daylight hours when the vessel is stationary and in the absolute discretion of the crew.
21/ 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.
