The Charterer includes the Charterer’s family, employees, agents and guests. In this agreement, unless the context otherwise requires, the singular includes the plural and vice versa, words denoting gender shall include all other genders. Children are defined as persons under the age of sixteen years.

ALANI IS A NO-SHOES AND NON-SMOKING VENUE
Guests to arrive at the dock 15 mins prior to departure
12+ guests must bring their own towels

1. General
   • These terms and conditions apply to all bookings 
   • Placing a booking and paying a deposit constitutes acceptance of these terms and conditions.
   • Prestige Harbour Cruises acts as agent for the Charter operator
   • Clause 3 sets out definitions and rules for interpreting these terms and conditions
   • These terms are subject to and modified by any Special Terms & Conditions attached to or forming part of the full booking agreement signed by you.
     
     
2. Terms about your booking
   • Deposit and Payment Terms
     • You must pay a 20% Booking Deposit at the time the booking is made
     • You must pay the final payment at least 30 days prior to the Scheduled Experience Date (60 days for Race Week bookings), or if you make your booking less than 30 days prior to the Scheduled Experience Date then payment in full must be made at the time of booking.
     • Tentatively bookings can be held up to 48 hours until which time the booking is released if we haven’t received the 20% booking deposit.
     • If the Deposit or final payment is not received by the due date, the operator may cancel the booking, without any requirement to notify you.
   • Cancellations Bookings cancelled by you after acceptance and payment of the Deposit are subject to the cancellation fees below
     • If the Charterer cancels the Charter more than 30 days prior to the commencement date of the Charter, the deposit will be returned less a 20% booking and administration fee
     • If the Charterer cancels the Charter 30 days or less prior to the commencement date of the Charter, the full amount of charter will be forfeited.
     • We recommend that you consider arranging travel insurance to protect against possible loss in case of personal circumstances resulting in a late cancellation
       
       
3. Prices, Payment Options & Invoicing
   • Prices are in Australian dollars and all payments must be made in Australian 2.3.2. Prices include Goods & Services Tax (GST).
   • Payment will only be credited when cleared funds are received
   • It is your responsibility to ensure that payments are received within the times specified.
   • Payments accepted included credit cards (Visa & Mastercard), bank direct credits and telegraphic transfers.
     
     
4. Privacy
   • Prestige Harbour Cruises collects personal information in the Booking Agreement to enable the efficient provision of the goods and/or services that you have requested and to complete the administrative and payment functions associated with that transaction.
   • You agree that Prestige Harbour Cruises may use the information collected for that purpose
     
     
5. Definitions and Rules
   • Definitions and Interpretation
     • ‘You’ means the licensee who signs the Booking Agreement
     • ‘The Charter operator' means the owner/operators of MV Alani and, where applicable, includes its employees and agents.
     • Terms used have the meanings as set out against them in the booking Agreement
     • Queensland Law applies to this agreement
       
       
6. Limitation of Liability
   • The Trade Practices Act 16974 (Cth) and corresponding state and territory legislation imply terms, conditions and warranties into some contracts for the supply of goods and services and prohibit the exclusion, restriction and modification of such Subject to those restrictions and limitations and to the full extent permitted by the law:
   • all goods and services booked are provided on an ‘as is’ based without any warranties or representations of any kind;
   • all statutory or implied conditions ore warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose are expressly disclaimed;
   • The operator of MY Alani is not liable to you for any loss or liability of any kind caused by any delay or failure to (i) provide information or (ii) perform operations requested (including but not limited to payment processing) or (iii) do so correctly, including but not limited to as a result of or in connection with (i) any delay or failure in any transmission or communication facilities (ii) any failure or delay caused by third parties; or (iii) any other event beyond the reasonable control of the operator.
   • The operators liability to you is limited at the option to replacement, repair or re-supply of goods, re-supply of services, or to payment of the cost of the same.
   • The operator, its' employees and agents shall not be liable for any loss or damage whatsoever (including without limitation, direct, indirect, incidental, special and/or consequential loss or damages (including but not limited to loss of profits, revenue, expectation, business, goodwill or data)), whether arising under contract, tort (including negligence) or any statutory cause of action, resulting directly or indirectly from or arising in connection with any goods or services provided or booked.

Not included in the charter fee:

– Crew gratuity (at Charterer’s discretion)

– Shore side transfers and excursions

– Hire of Lifeguard or Dive Instructor

– Hire of tender for large group shore transfers

– Dockage at Charterer’s request

– Meals ashore and on-shore lodging

– Relocation charges for pick-up or/and drop-off from locations other than Hamilton Island

By making payment, you are accepting all of the above terms and conditions