TERMS AND CONDITIONS
Please note: There is a strict “no-shoe” policy on board.
Smoking is not permitted on the vessel.
In this Agreement, unless the context otherwise requires, the singular includes the plural and vice
versa, words denoting gender shall include all other genders.
Charter Terms and Conditions
1. Definitions
In this agreement, the following capitalised terms have the following meaning:
"Agreement” means this charter agreement comprising of details for said charter.
“Bond” means the amount payable in advance by the Charterer to The Operator to cover any incidental costs for which the Charterer may be liable at the end of the Charter, the bond to be held is $5,000 unless agreed otherwise in writing.
“Charter” means the provision of the Vessel to the Charterer for a specified period in exchange for the Charter Fee.
“Charterer” means the person or entity responsible for the payment of the Charter Fee and the guests onboard the Vessel.
"Charter Fee” means the cost of hiring the Vessel.
“Charter Group” means the Charterer’s guests and/or any person onboard the Vessel as part of the Charter.
“Charter Period” The time and date which the charter is booked.
“Children” means any person under the age of sixteen years.
“Master” means the captain in charge of the Vessel during the Charter.
“Vessel” means M/Y SHADOW
2. Deposit
a. A deposit of 50% of the Charter Fee is required at the time of booking to confirm the Charter.
The Charter is not confirmed until the deposit has been received and the Agreement has been signed and returned to The Operator.
b. Certain special occasions and public holidays including, but not limited to, New Year’s Eve, Boxing Day, Christmas Day, Australia Day and Weekends in December will require a 100% deposit of the Charter Fee.
c. All payments are non-refundable unless otherwise indicated.
d. Payment of the deposit will be taken as the Charterer’s acceptance of this Agreement, even if the Agreement is not signed by the Charterer.
3. Final Payment
a. Subject to clause 3(b) below, payment of the balance of the Charter Fee is due a minimum of 14 days prior to the Charter Period.
b. In circumstances where the Charter Period falls on a special occasion or public holiday (such as New Year’s Eve, Boxing Day, Christmas Day, Australia Day and Weekends in December) the balance of the Charter Fee is due 30 days prior to the Charter Period.
c. The Operator reserves the right to cancel the Charter at its sole discretion in the event final payment is not made in accordance with clauses 3(a)or(b) and 6 of this Agreement.
4. Cancellation
a. All cancellations of the Charter made within 60 days of the Charter Period incur a loss of the full deposit paid. All cancellations made outside of 61 days prior to Charter date will have deposit or payments refunded less an administrative fee of $500.
b. Any cancellations during November and December will incur a loss of the full deposit paid.
c. Cancellations must be confirmed in writing. Due to unforeseen circumstances, extreme weather conditions or accidents, The Operator reserves the right to cancel any booking and refund any deposit or payments made to the Charterer.
5. Bond
a. The Bond is required to be paid 3 days prior to Charter Period and shall be released within 7 days of the completion of the Charter, subject to:
i. Loss of or damage to the Vessel, its fittings or equipment, caused by the Charterer or members of the Charter Group;
ii. An unreasonable amount of excess uncleanliness caused by the Charterer or members of the Charter Group;
iii. Gross misconduct by the Charterer or Charter Group;
iv. Any other circumstance deemed by The Operator to warrant the forfeiture
(whether in whole or part) of the Bond.
b. Cost recovery of damages caused by the Charterer or Charter Group is not limited by the amount of the Bond paid.
6. Schedule of Payments
Payment- Deposit invoice (50% of Charter Fee) other than as required by 2(b) of this Agreement.
Due Date - Within 7 days of receiving invoice from The Operator
Balance of invoice (includes the balance of the Charter Fee, full payment of catering, beverage, waitstaff and other inclusions)
Due Date - 14 days prior to the Charter date except in circumstances where there is a special occasion or public holiday where the balance of the invoice will be due 30 days prior to the Charter date .
Bond - Due 3 days prior to the Charter Period (credit card authorisation or EFT)
Additional charges (for any extra charges incurred on the day)
Due - Within 7 days of the conclusion of the Charter Period.
7. Guests and Charter Capacity
a. The Charterer is required to confirm the final guest numbers 14 days prior to the Charter Period.
b. In the event the number of guests on the day exceed the number of guests confirmed with The Operator, the Master has sole discretion whether or not to allow the additional guests to board the Vessel. If the additional guests are permitted to board the Vessel, the Charterer will be liable for the additional costs relating to these guests, including but not limited to additional Charter Fees, including but not limited to, wait staff, catering and beverage consumption costs (as applicable).
c. The maximum number of guests permitted to board the Vessel is strictly 90 people plus staff and Vessel crew.
d. Refunds or credits will not be provided for guests that do not attend or latecomers.
8. Limit of liability
a. It is a condition of the Charter that the liability of The Operator, its servants, agents and sub-contractors is agreed to be limited in accordance with the Limitations of Liabilities and Maritimes Claims Act 1989 (Cth).
9. Indemnity
a. The Charterer agrees to indemnify, and hold harmless, The Operator, its servants, agents and sub-contractors against any and all losses, claims, actions, costs (including legal costs), expenses, fees, damages and liabilities which The Operator may sustain or incur resulting from:
i. Any negligent act by the Charterer or members of the Charter Group;
ii. Any damage, loss or theft of any property belonging to the Charterer or Charter Group arising from the Charter; and
iii. Any personal injury or death caused or contributed to by any negligent, reckless or wilful act or omission of the Charterer or Charter Group.
b. The Charterer agrees to indemnify, and hold harmless, The Operator, its agents and employees, from and against any and all losses, claims, actions, costs (including legal costs), expenses, fees, damages and liabilities which The Operator may sustain or incur as a result of anything other than those listed above.
10. Weather
a. Cancellation byThe Operator for inclement weather, safety or any other reason is at the Master’s discretion. In the unlikely event of cancellation, alternative dates suitable to both parties will be offered.
b. If the weather is dangerous for boating, at the discretion of the Master and The Operator, The Operator will use all reasonable endeavours to postpone and reschedule the Charter to a suitable alternative date. Rescheduled charters must be used within 6 months of the original Charter Period.
c. Payments will still apply for wait staff, catering and wharf fees. If the Charterer elects not to rebook, then cancellation fees will apply in accordance with this Agreement.
11. Suitability of Vessel
a. It is acknowledged the Charterer is satisfied with the suitability of the Vessel for the Charter Period.
12. Access to the Vessel
a. The Charterer and the Charter Group may only board the Vessel at the time their booking is scheduled to commence. If the Charterer or Charter Group requires access to the Vessel prior to the boarding time (example: for set up), approval must be sought from The Operator at least 7 days prior to the Charter Period.
b. The Charterer and Charter Group must vacate the Vessel by the agreed time unless an extension of the Charter has been sought in accordance with clause 13 of this Agreement.
c. Any failure to vacate the Vessel at the agreed time will incur additional costs including but not limited to Charter Fees and staff fees for each additional hour, which may be deducted from the Bond.
d. Full access to the Vessel including lower deck cabins will be managed on a case-by-case basis and should be requested at least 24 hours prior to the Charter date. The Operator reserves the right to close any areas of the Vessel in order to protect the Vessel or its crew.
13. Extensions of Charter
a. The Charter period may, with the consent of the Master, be extended by the Charterer at any time, including after the commencement of the Charter Period.
b. Any extension will be subject to the terms of this Agreement and the Charterer must negotiate the rate with The Operator.
14. Availability
a. Should your chosen Vessel become unavailable for any reason including inoperability, damage, safety or crew availability, The Operator reserves the right to substitute a suitable alternative Vessel or where a suitable alternative Vessel is unavailable, a refund will be offered.
b. The Operator shall have no further liability to the Charterer beyond the offered refund.
15. Shoes
a. The Operator has a strict no shoes policy onboard the Vessel.
b. A welcome mat and chairs will be provided to guests embarking the Vessel to allow guests to remove their shoes. All guest’s shoes will be stowed safety onboard during the duration of the Charter.
16. Toilets, Showers and Cabins
a. The Vessel has bathrooms available for use for the duration of the Charter. Other guest areas and bathrooms will be available subject to the number of guests onboard during the Charter and subject to the Master’s discretion.
b. Cabins (including beds) are not available for use during day Charters unless agreement has been provided in writing by The Operator prior to the Charter Period.
c. Showers are not available for use at any time. However, there is a freshwater shower located on the aft swim platform for guests to use after swimming.
d. Sanitised bins are provided in the bathroom for use by the Charter Group. All guests must ensure that no sanitary items or any other non-biodegradable waste items are flushed down the Vessel toilets.
e. The cost of repair as a result of any blockages caused by guests flushing sanitary items or other non-biodegradable waste items will be deducted from the Bond.
17. Catering
a. Food consumption will be limited to the main guest areas of the Vessel. Food is not permitted to be taken into the cabin areas of the Vessel.
b. Menus may contain allergens and are prepared in external kitchens that handle nuts, shellfish, gluten and eggs. Whilst all reasonable efforts are taken to accommodate guest dietary requirements as advised by the Charterer, The Operator cannot guarantee that food will be allergy free.
c. Any dietary requirements are required to be provided to The Operator in writing by the Charterer at least 7 days prior to the Charter.
d. The Operator accepts no liability or responsibility in respect of catering arranged for the benefit of the Charterer, including but not limited to:
i. Food that does not meet dietary requirements;
ii. Any illness or injury suffered as a result of food that is consumed by the
Charterer and/or the Charter Group during the Charter; and
iii. Food that is removed from the Vessel upon the conclusion of the Charter and subsequently consumed.
e. For the avoidance of doubt, where the Charterer and/or the Charter Group arrange food and/or beverages to be consumed during the Charter other than through The Operator, the Charterer acknowledges and agrees they are wholly responsible for the supply and cost of such food and/or beverages, and The Operator accepts no liability in respect of the quality, freshness, edibility or suitability of any such food and/or beverages.
18. Captain’s Authority - Destination and Safety
a. It is agreed that the Charterer may determine the general movements, program and destination of the Vessel within limits of this Agreement, but it is understood that the Master is in full command.
b. The Charterer and the Charter Group agree to comply with all directions given by the Master of the Vessel.
c. The Charterer and Charter Group further agree to depend upon the captain for safe navigation of the Vessel, and at all times to abide by their judgment as to sailing, weather, anchorage, clearance, and the like.
19. Alcohol and Smoking
a. Responsible Service of Alcohol regulations apply onboard the Vessel. Any chartered guest intoxicated or appearing to be intoxicated may be refused alcohol service.
b. The Master reserves the right to refuse entry to anyone intoxicated at the time of embarkment.
c. The use or consumption or illegal drugs by anyone using The Operator's facilities, property or yachts or boats, either ashore or afloat is strictly prohibited. Where this is found to occur during the Charter, the Master has discretion to immediately terminate the Charter without any refund to the Charterer for the balance of the Charter Period.
d. The consumption of alcohol may increase the risk of injury and the Charterer accepts that risk. The Operator shall not be liable for any personal injury or death arising from or in any way related to the use or consumption of alcohol or illegal drugs.
e. Upon application to the Master at the time of charter, smoking is allowed when the vessel is at anchor and only on the swim platform.
20. Misconduct
a. The Operator and the Vessel’s Master reserve the right to immediately terminate the Charter should the Charterer or the Charter Group engage in gross misconduct.
b. Without being exhaustive, the following circumstances will amount to gross misconduct:
i. Physical violence or verbal abuse between passengers or directed at the crew or other members of the public;
ii. Urinating over the side of the Vessel;
iii. Polluting into the harbour;
iv. Engaging in sex acts or other sexualised behaviour in public;
v. Use, consumption or distribution of illegal substances or drugs;
vi. Wilful damage of the Vessel or other property belonging to The Operator; or
vii. Jumping from the Vessel while moving.
21. Maximum Number of Guests
a. The Charterer shall not, at any time during the charter period, exceed the maximum number of persons stated in this Agreement (excluding crew) to sleep and eat onboard the Vessel.
22. Children
a. Where Children are taken on board, the Charterer will be fully responsible for their safety, conduct and entertainment.
b. No member of the crew onboard the Vessel shall be called upon in anyway and howsoever described to be responsible for the supervision, safety, behaviour or entertainment of Children.
23. Swimming and Water Sports
a. If the Charterer has arranged swimming as part of the itinerary and advised The Operator ahead of the Charter, and The Operator has provided a suitable location, all guests entering the water do so at their own risk.
b. In addition, all guests who are participating in any water activities including swimming or the use of water sports equipment, are prohibited from consuming any alcohol.
c. The Operator shall not be liable for accidents, injuries or death due to: swimming; windsurfing; paddle boarding; the use of the Vessel’s tender and outboard engine; or the use of any equipment provided by The Operator including, but not limited to, jet skis, sea bobs, water slides, splash mats, snorkels, masks, fins or scuba equipment whether supplied or otherwise.
d. Vessels which have a jacuzzi, jet ski or water slide onboard may only be used if agreement in writing has been provided by The Operator, and the associated cost has been paid in full prior the Charter Period.
e. The Operator may at its discretion engage a lifeguard for the duration of the Charter. In these circumstances, the Charterer agrees to meet the cost associated with engaging a lifeguard.
24. Water Taxis
a. Any water taxi embarking/disembarking must be approved by the Master.
b. Water taxis are to be arranged and paid for by the Charterer or The Operator accepts no liability in respect of any such costs.
25. Vessel Sale
a. If the owner of the Vessel sells the Vessel after this Agreement is executed but prior to the Charter Period, resulting in the cancellation of the Charter,The Operator agrees to refund any amounts to the Charterer already paid unless the new Vessel owner agrees to permit the Charter to proceed on the same terms as outlined in this Agreement.
26. Governing Law
a. This Agreement shall be governed by and construed in accordance with the law of New South Wales and the parties submit to the exclusive jurisdiction of the courts of that State.
27. Variation
a. This Agreement may only be varied by agreement in writing signed by the Charterer and The Operator.
28. Entire Agreement
a. This Agreement embodies the entire understanding and agreement between the parties as to its subject matter.
b. All previous negotiations, understandings, representations, warranties, memoranda or commitments in relation to, or in any way affecting, the subject matter of this Agreement are merged in and superseded by this Agreement.
