Southern Swan

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 web site 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% of the charter value or 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)     If the Charterer cancels the charter any money paid will be forfeited by the Charterer.
b)     FORCE MAJEURE: In the event of a force majeure event including without limitation industrial action, unsuitable weather conditions (see below), technical or mechanical problems or other events beyond the Operators’ reasonable control, resulting in the postponement of the Charter, Operator will be free from liability for failing to provide a service. In the event of a force majeure event, the charter will postponed (see below).

However, please note that force majeure due to weather conditions is only applicable when a cyclone or severe storm warning (wind speed over 40 knots) is issued by the bureau of meteorology and/or the master of the vessel judges the waters to be unsafe to be cruising.

7/     Postponement

The option of postponing a charter is only available if the charter has been paid for in full. If the Charterer postpones the charter: More than three weeks prior to the agreed charter date – No charge will be incurred.

Between three weeks and 72 hours prior to the agreed charter date – 20% of the invoice plus the cancellation costs of any external suppliers (eg Harbour Island fees, DJ, musicians, custom cakes), is payable.

Less than 72 hours prior to the agreed charter date – 50% of the invoice plus the cancellation costs of any external suppliers (eg Harbour Island fees, DJ, musicians, custom cakes), is payable.

A charter that has been postponed will be re-scheduled at a mutually suitable time within six months of the date of the original charter. If the value of the rescheduled charter is below that of the original charter, no refund will be made. If a suitable time can’t be agreed upon, the Operator will issue a gift certificate to each person booked on the charter for one of our weekly scheduled sails. Gift certificates can be used any time within one year.

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)    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/      House Rules

a) No sharp heeled shoes will be permitted. Please consider the weather on the day. We suggest soft low heel shoes, hat, wet weather gear (if it looks like rain) and a warm jacket.
b) The vessel is not suitable for wheelchair access.
c) Smoking & vaping is only permitted aboard the ship in certain areas and never below deck.

20/      Risk Warning

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

21/      Swimming

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

23/      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.

23/      Acceptance

By accepting the quotation and paying a deposit, the Charterer agrees to be bound by these Terms and Conditions.