Enigma X

GENERAL CONDUCT & SAFETY

• Always obey the safety instructions given by the skipper or other crew members.
• Only exit or board the boat once the skipper has advised it is safe to do so.
• You declare that you are in a fit and healthy state to undertake the events of your cruise and that you have no pre existing medical condition or injury which would affect your competence on the boat or water. You must advise the skipper if you are not a confident swimmer.
• You must inform the operator prior to your cruise date if you have any food allergies or health conditions which may affect your safety on the cruise.
• The skipper, crew, charter company and vessel owners accept no responsibility for your 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. Under no circumstances is entering the water allowed outside of daylight hours. You will be asked to sign a ‘Swimming & Injury Waiver’ on the day, before leaving the vessel. 
• Jumping/diving from the boat is dangerous and not recommended. You do so at you own risk. Jumping/diving from the roof of the boat is not allowed.
• Access to the roof of the vessel is not allowed.
• Always use sunscreen and drink lots of water.

SERVICE

• The skipper reserves the right to end the charter booking at any time should passenger conduct be deemed inappropriate, passengers display signs of heavy intoxication, passengers display signs of being under the influence of illegal substances or there is any evident damage to the vessel. No refund will be offered.
• Alcohol will be refused to any intoxicated passenger on both BYO and licensed vessels and is only to be consumed by people 18 years of age or older. Passengers are advised to obey alcohol consumption RSA guidelines of no more than 6 standard drinks in one day.
• No illegal substances are to be brought on board. If you board under the influence of illegal substances your actions relieve the skipper, crew, charter company and vessel owners of any responsibility for your safety throughout the duration of your booking.
• Offensive behaviour will not be tolerated and the skipper reserves the right to end the charter booking at any time should passenger behaviour be deemed offensive. No refund will be offered.
• The passenger who has booked the charter will be responsible for the cost of all damages and breakages caused by passengers. This will be deducted from the authorised security bond that will be taken prior to your charter booking.
• The operator will not be held responsible for any personal injuries, equipment loss or damage sustained while participating in charters or harbour cruises.
• Passenger numbers are limited to the capacity stated when booking your vessel, including children. Under no circumstances will the crew allow passenger numbers to exceed this. The skipper reserves the right to refuse entry to any passenger numbers above this stated number.
• If you are under the age of 18 or under any disability you must be accompanied by a parent or another adult person who is responsible for you during the charter.
• It is the responsibility of the parent/adult person to supervise children under 12 at all times throughout the charter booking.
• The operator has the right to substitute a vessel for one that has similar features. Should there be any safety issues with the vessel that cause your charter to be cancelled, you will be given the option to reschedule or receive a full refund.
• Cruise times include boarding time and disembarkment. Please arrive at the pick up location 20 minutes before departure time. If a booking is made and you do not show up or arrive late, Sea Sydney Harbour cannot guarantee cruise participation on an alternate cruise time.
• The operator may photograph some of your charter for use on their website and/or social media. Please inform the team prior to your cruise date if you do not wish to have images from your charter shared online.

BOOKINGS & CANCELATIONS

• A 50% non-refundable and non-transferable deposit is required to secure your booking. Until the deposit is paid, a booking cannot be guaranteed.
• The remaining balance of the charter fee must be paid 14 days prior to your cruise. If the balance has not been made within 10 days of the scheduled cruise date, the operator reserves the right to cancel the charter with no deposit refunded.
• Date changes/cancellations within 48 hours of the charter date incur a 100% fee and no refund will be offered.
• Date changes/cancellations between 48 hours and 14 days of the charter incur a 50% rescheduling/cancellation fee. The 50% fee is calculated on the original charter booking made.
• Date changes 14 days or more prior to the charter incur a 50% rescheduling/cancellation fee. The 50% fee is calculated on the original charter booking made. Where the operator can find a replacement booking to fill the date/time of the original booking, then it is at the discretion of the operator as to whether the rescheduling fee is waived. The deposit will not be refunded for a booking cancellation.
• All date changes and cancellations must be made in writing

COVID POLICY

If the govt 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 excludes the months of November, December and January. 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 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. 

If you have ordered catering for your cruise, and the cruise is cancelled or rescheduled within 4 days of the cruise date, you

will be required to pay for this catering, irrespective of the reason for the reschedule or cancellation. The food can be packed

up and collected by you.” 

WEATHER

• Charters are generally not affected by weather and the charter proceeds in all weather conditions, as vessels contain indoor and outdoor areas. If the operator deems the weather conditions unsafe, your charter will be rescheduled to an alternative date that is agreed upon with you and the charter company. No refund will be offered.

EVENT TYPE

• It is a requirement that the event, celebration or occasion for your private charter is declared truthfully and to the best of your knowledge at the time of booking. At times the type of event can effect the vessel suggested for your charter booking and can also impact on crew requirements. Where the event on the day differs to the details provided at the time the booking was made, the skipper reserves the right to end or cancel the charter booking. No refund will be offered.

SELF CATERED EVENTS

• It is a requirement of self-catered charters that a substantial amount of food is to be brought on board and consumed in accompaniment with drinks for the duration of the charter. If you are unsure of these requirements, please contact the Prestige Harbour Cruises team prior to your charter date. The consumption of straight spirits/shots is not permitted.

CRUISE DURATION

• Bookings are made for a maximum of 4 hours. It is at the operators discretion as to whether a 5 hour booking will be accepted. Buck’s parties are to be a maximum of 3 hours and daytime bookings are available only.

DECOR

• Decoration of the vessel is allowed, provided no damage occurs to the vessel when installing or removing these items. Sea Sydney Harbour recommends that you keep decorative items simple and conservative. Confetti, glitter, flower petals, tinsel or other items that will shed and create excess mess on board the vessel are not allowed.

BOND

• It is a requirement that a bond via a credit card pre-authorisation is provided before your scheduled charter date. The charter bond will only be charged should there be evident damage to the vessel at the conclusion of the scheduled charter, or where the vessel is left in a state that additional or professional cleaning services are required, beyond the regular the operator routine. The bond applicable to the booking will vary according to the vessel selected. 
• Where the bond is required to be charged due to evident damage, the total authorised bond amount will be charged to the credit card immediately when the damage has occurred/on the day of the charter. Once a quote has been obtained for the work to rectify the damage, the difference in funds will be refunded, where the quote is for a lesser amount then the total bond.
• Where the bond is required to be charged due to additional or professional cleaning services being required there is a minimum cleaning fee of $300. Where the cost incurred for cleaning the vessel is higher than this, a quote will be provided and the additional fee will be charged.

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.

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.

RISK

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

SWIMMING

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

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.