1.Definitions and interpretation
(a) Terms that are defined in the Details have the same meaning when used in these Terms and Conditions and the following terms have the meaning given to them:
Agreement means this agreement made between the Owner and Charterer and which comprises the Details and these Terms and Conditions.
Captain means the master of the Vessel.
Charter means the provision by the Owner of the Vessel to the Charterer for the Charter Period in accordance with these Terms and Conditions.
Crew means those persons engaged to work on the Vessel under the direction and supervision of the Captain and includes the waitstaff and any chef provided by the Owner.
Details means the information appearing below that heading above but not including the information under the heading “Terms and Conditions”.
Guest means:
(i) any guest, invitee or other person on board the Vessel at the invitation of the Charterer; and
(ii) if the Charterer is a natural person, the Charterer.
(b) In this Agreement, unless the context otherwise requires:
(i) headings are for convenience only and do not affect the interpretation or construction of this Agreement;
(ii) the singular includes the plural and vice versa;
(iii) each gender includes the other two genders;
(iv) where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning;
(v) a reference to any thing includes a part of that thing;
(vi) a reference to "$" means the lawful currency of Australia.
2. Deposit
The Deposit for the Charter booking is to be paid by the date specified in the Details for the payment of the Deposit in order to confirm the Charter booking. If the Deposit is not paid by that date the Charter booking is automatically cancelled.
3. Balance
The Balance of the payment for the Charter booking is to be paid by the date specified in the Details for the payment of the Balance. If the Balance is not paid by that date the Charter booking is automatically cancelled and the Deposit forfeited to the Owner.
4. Cancellation
If the Charterer wishes to cancel the confirmed Charter booking it must give written notice of the cancellation to the Owner. If the Charterer gives such notice:
(a) more than 30 days prior to the commencement of the Charter Period a refund of an amount equal to 50% of the Deposit will be made by the Owner; or
(b) 30 days or less then no refund of the Deposit shall be made.
5. Postponement
The Charterer may by giving the Owner not less than 30 days written notice prior to the commencement of the Charter Period request the postponement of the Charter booking to a later specified date (Deferred Charter Date), subject to:
(a) the Vessel being available for charter on the Deferred Charter Date;
(b) any additional fees notified by the Owner for a charter on the Deferred Charter Date being added to the Balance;
(c) the Balance (including any additional fees as notified pursuant to paragraph (b) above) being paid by the Charterer by the date 14 days prior to the Deferred Charter Date;
(d) a postponement fee of $1,500.00 (in addition to the payment of the Balance) being paid by the Charterer by the date 14 days prior to the Deferred Charter Date.
If the conditions for the postponement of a Charter booking are not met, the original Charter booking will proceed unless cancelled in accordance with these Terms and Conditions
COVID19
The Owner will adhere to government orders and guidelines to combat COVID-19, which may result in:
compliance with government orders and guidelines regarding dining and seating arrangements; the cancellation or postponement of the booking. If the charter cannot proceed due to government restrictions, then a booking for the postponed charter is to be made within 6 months from the original charter date subject to availability. If government restrictions due to COVID-19 prevent the charter from being held by the revised charter date, the Owner will extend your credit for the original charter for a further 6 months subject to availability.
Note: Any amount shown above as “TBA” is to be finalised by Charterer no later than 14 days prior to commencement of Charter Period
6. Bond
Fourteen days prior to the commencement of the Charter Period the Charterer must pay the Bond to the Broker who will hold it as stakeholder. The Bond will be repaid to the Charterer within 7 days after the end of the Charter Period except to the extent the Bond is required:
(a) to make good loss or damage to the Vessel or equipment or chattels used in connection with the Vessel, to the extent caused or contributed to by a Guest; or
(b) to undertake the cleaning of the Vessel in circumstances where the Guests have left the Vessel in an excessively untidy or unclean state at the end of the Charter Period,
and the Charterer agrees to the Broker applying the Bond for the above purposes.
The rights of the Owner in respect of loss or damage caused or contributed to by the Charterer or Guests are not limited to the amount of the Bond.
7. Suitability of Vessel
The Charterer acknowledges having received sufficient information regarding the Vessel (including as required by the Charterer, photos, videos and personal inspection) to satisfy itself that the Vessel meets its requirements for the purposes of the Charter.
8. Weather conditions
(a) The Charterer acknowledges that no assurance can be given by the Owner as to the likely or possible weather conditions that may prevail during the Charter Period and accordingly the Owner is not responsible for those weather conditions.
(b) Adverse weather conditions before or during the Charter Period do not entitle a Charterer to cancel a Charter booking and claim a refund of the Fees paid.
(c) The Captain will determine whether the weather conditions are safe for the operation of the Vessel for the Charter Period
9. Guest areas on Vessel
Except with the permission of the Captain, which may be given or withheld at the Captain’s absolute discretion, Guests are not permitted to enter or remain in the private accommodation cabins of the Vessel.
10. Charterer’s and Guests’ obligations
(a) The Charterer will, if it is not a natural person, ensure that at all times during the Charter Period the Representative is on board the Vessel to represent the Charterer and to exercise the rights and powers of the Charterer and observe the obligations of the Charterer under this Agreement. The Charterer agrees that the Representative has the authority to bind the Charterer.
(b) The Charterer acknowledges that it is aware that the following events/activities are not permitted on board the Vessel by reason of licensing laws and Vessel policies:
• dance parties; and
• activities generally characterised as ‘adult entertainment’.
(c) The Charterer will procure that the Guests will comply with all directions given by the Captain or Crew members on behalf of the Captain:
• while boarding the Vessel;
• at all times while on board the Vessel; and
• while disembarking from the Vessel.
(d) The following directions are deemed to have been given to the Charterer and the Guests prior to boarding the Vessel:
• footwear is to be removed upon boarding the Vessel and handed to Crew members to be retained for the duration of the Charter Period;
• the maximum number of Guests that will be permitted to board the Vessel will be the Number of Guests;
• the use or possession of illegal drugs is not permitted on the Vessel;
• alcoholic beverages are not to be requested or consumed by any person under the age of 18 years;
• each Guest is to be responsible for their own safety and to conduct themselves in a manner that does not give rise to a risk of injury to themselves or any other person;
• the service of alcohol on the Vessel is subject to statutory responsible service of alcohol obligations and restrictions imposed by the Vessel’s on-premises licence and Guests must be responsible in their consumption of alcoholic beverages.
11. Smoking policy
Smoking is not permitted on the Vessel except in accordance with all of the following conditions;
(a) while the Vessel is at anchor;
(b) on the aft swim platform;
(c) individually or in a group of not more than 4 persons; and
(d) while a Crew member is present in the immediate vicinity.
12. Swimming and water sports
(a) Where the number of Guests for a Charter booking is 24 or less then, while the Vessel is at anchor the Captain may, at his discretion, and following the Charterer requesting permission for Guests to swim from the Vessel, agree to such a request subject to clause 12(b) and (c).
(b) The Charterer may only make a request to the Captain to permit Guests to swim from the Vessel after the Charterer has considered whether the prevailing weather and water conditions are suitable and has ascertained:
• the water competency of Guests wishing to swim;
• that Guests wishing to swim have not consumed alcohol aboard the Vessel; and
• whether the health of any Guest renders the Guest as unsuitable to be allowed to swim from the Vessel.
(c) If following a request from the Charterer, the Captain at his discretion permits Guests to swim from the Vessel, the following restrictions apply:
• a maximum of 10 Guests will be permitted to swim from the Vessel at one time;
• the Captain may refuse permission for a Guest to enter the water from the Vessel or, having entered the water from the Vessel, remaining in the water, including for reasons of age, intoxication, water competency, apparent health or failure to follow directions;
• Guests must supply their own towels as these will not be available from the Vessel;
• Guests must promptly comply with any directions given by the Captain or another Crew member, including as to the area in which swimming is permitted.
13. Extension of Charter Period
The Charter Period includes the time required or Guests to board and disembark the Vessel. If during the Charter Period the Charterer wishes to extend the duration of the Charter Period, then any extension of the Charter Period and the fee for the extension must be agreed with the Captain.
14. Captain’s authority and directions
(a) The Captain is responsible for all operations of the Vessel and for the safety of those on board the Vessel. The Captain, or Crew members on behalf of the Captain, may issue such directions as the Captain sees fit in order to maintain the safety of the Vessel, the Guests and the Crew. Guests must comply with any directions given by or on behalf of the Captain.
(b) If the Captain considers that due to:
(i) poor weather conditions prevailing;
(ii) the failure of Guests to comply with the Captain’s directions;
(iii) the misbehaviour of Guests;
(iv) the malfunction of critical operating systems on board the Vessel;
(v) other dangerous conditions prevailing in the Cruising Area,
that for the safety of the Vessel, the Guests or the Crew it is prudent or desirable for the Captain to terminate the Charter, the Captain may terminate the Charter and return the Vessel to the Disembarkation Location for the Guests to disembark.
15. Indemnity
The Charterer agrees to indemnify and keep indemnified:
(a) the Owner, its officers, its employees and its agents;
(b) the Captain; and
(c) the Crew members,
(each an Indemnified Person) from and against all claims, actions, damages, losses, costs, expenses or liabilities which an Indemnified Person may suffer or incur to the extent caused or contributed to by:
(i) any negligent act, negligent omission, reckless conduct or misconduct of or by a Guest;
(ii) the failure of a Guest to comply with a direction given by or on behalf of the Captain.
The above indemnity extends to loss suffered by the Owner as a result of damage caused to the Vessel by the intentional or reckless conduct of a Guest
16. Insurance
The Owner shall for the duration of the Charter Period maintain insurance cover for:
(a) the Vessel; and
(b) public liability.
17. Limit of liability
The Owner’s liability in relation to any claim, action, damage, loss, cost or expense is limited in accordance with the Limitation of Liability for Maritime Claims Act 1989 (Cth).
18. General
(a) This Agreement is governed by the laws of New South Wales and the parties irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales.
(b) This Agreement contains the entire agreement and understanding between the parties in connection with the transactions contemplated by this Agreement and there are no inducements, representations, warranties or undertakings which have been relied on to any extent by either party in entering into this Agreement except as expressly contained in this Agreement.
(c) Notices may be given to a party either by post or personally at its address in the Details or by email to its email address in the Details
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