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• Mermaid-Spirit.pdf
• Mermaid Spirit Terms and Conditions

  Terms & Conditions for Mermaid Spirit

  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

  description posted on our website or an error in your booking.

  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.

  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 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 non refundable

  7/     COVID Policy

  All Operators adhere to the NSW Public Health COVID-safe regulations for hospitality venues.

  If the govt enforces stricter conditions and the cruise cannot proceed, you will be able to choose to reschedule for a date

  within 6-12 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 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 7 days of the cruise date,

  you may 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.”

  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 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.

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