SouthWinds

BOOKING POLICY TERMS AND CONDITIONS

By making a booking with us, you agree to the below terms.

1. Definitions

In this agreement, the following terms have the following corresponding meaning: Vessel charters is the operator and boat owner providing the services as outlined. The ‘lead hirer’ is the client who is paying for the Charter and agrees to the terms and conditions prior to purchase. The ‘group’ refers to all the guests who will be on board during the charter.

‘Skipper’ means the qualified crew member in charge of the vessel.

2. Tentative Bookings

Tentative reservations are placed in good faith for up to 2 business days pending a decision to make payment of a deposit and confirm a charter. A booking is not secured until a 50% deposit has been received and a tentative booking is confirmed by the operator.

3. Making a Booking

The lead hirer can make a charter booking online via the operators website, via email or via phone. A charter is confirmed on receipt of the deposit specified in a booking confirmation and acceptance of this booking policy. All bookings made within 14 days of charter date require payment in full at the time of booking. Payment can be made directly to Prestige Harbour Cruises.

When you make a booking, the operator 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.

Without limitation, the operator may be unable to confirm a booking because of our inability or the provider's inability to take the booking as a result of being fully booked or otherwise. The operator reserves the right, in its absolute discretion, to allocate an alternative product or service to that booked by you. Where possible, the alternative product or service will be as similar to the product or service originally booked by you.

4. Deposit

The deposit payable will be 50% of the total estimated Charter fee unless otherwise specified in the quotation. The deposit is non-refundable and non transferable.

5. Final Payment

Final guest numbers, catering and beverage choices and final payment is required 14 days prior to the Charter. The operator reserves the right to alter price, departure time and point, as and when required.

6. Vessel Capacities

Guests numbers are strictly limited to the vessel’s capacity. These capacities include children and allow for crew numbers. There are no exceptions to the vessel’s capacities, and they are strictly enforced. Charters will not depart over capacity and risk cancellation with no refund or reschedule. Passengers must be ready to board the vessel at least 15 minutes before departure time.

7. Cancellations

All date changes and cancellations must be made in writing and emailed to [email protected] and written confirmation from us, that the booking is to be canceled or postponed. We cannot guarantee we will be available to accommodate your request.

The following cancellation and change fees apply to your charter booking.

0 – 3 Days from your charter

Date changes are not permitted.

No refund for cancellation.

The full charter fee, including catering and skippers fees, will be charged.

3 – 7 Days from your charter

25% of your charter total is charged to change your date.

50% cancellation fee applies for cancelling your charter.

7 – 14 Days from your charter

A $250 administration fee is charged to change your booking.

50% cancellation fee applies for cancelling your charter.

14 Days or more from charter

A $100 administration fee is charged to change your booking.

50% cancellation fee applies for cancelling your charter.

There are no exceptions to our cancellation and postponement policy.

8. COVID 19 Policy

If your booking is affected by any new government restrictions (i) directly affecting our operations, or (ii) affecting your travel plans due to border closures or community lockdowns resulting in the Charterer being unable to attend, we will offer you a reschedule of your event to a new date, subject to availability within one year period, with event details like for like.

9. Responsible Service of Alcohol and Behaviour

The Vessel Charter abides by and ensures Responsible Service of Alcohol. If alcohol is being consumed by guests during a charter, substantial food must also be provided to satisfy the RSA obligations. Passengers are encouraged to obey alcohol consumption RSA guidelines of no more than 6 standard drinks on any one day. Passengers will not bring any

illegal substances on board. Alcohol is only to be consumed by those 18 years of age or older. Staff are trained in the responsible service of alcohol and charters will be cancelled if any unsocial or reckless behaviour is present. The operator reserves the right to restrict or refuse alcohol to any passengers onboard at any time and the Skipper, at their sole discretion may, terminate the charter and off-load guests at the nearest wharf, contact the water police, or off-load the offending guests at the nearest wharf. There will be absolutely no refund or credit for alcohol related issues with guests. Any damages and breakages caused by passengers will be charged to the organiser’s credit card or taken from the bond.

10. Weather Conditions

Your charter will proceed in all weather conditions unless wind/thunder or storms are deemed to be unsafe on the day of departure as determined at the sole discretion of the operator.

If we are obliged to reschedule your charter in the event of unsafe conditions, no refund will be offered but we will move you to your next preferred date, subject to availability within a 12 month period. You will have one opportunity to reschedule if we postpone. Any cancellation or postponement of your rescheduled charter by you will result in forfeiture of your full charter fee.

Choice of destinations will be determined by wind and weather conditions and the skipper can make changes to the destination at any time.

11. Additional Charges and Damage

Any additional charges or damage to the vessel on the day of service will be immediately charged to the clients credit card and/or deducted from the bond. This includes but is not limited to Charter extensions, additional services, water taxis, toilet blockages and boat damage. The lead hirer shall pay the operator in respect of any loss or damage to the vessel, its equipment or fittings however caused by the guests.

12. Responsibility of the Lead Hirer

The lead hirer is always responsible for the conduct of the guests onboard.

13. Vessel Substitution

The operator may substitute another Vessel for the original Vessel contracted, and shall not incur any penalty, provided the Vessel satisfactorily provides the original services contracted.

14. Footwear and attire

Non marking soled shoes must be worn at all times. Black soled or hard shoes must not be worn (including high heeled shoes and sandals) as these cause marking and damage to the yacht. Any marking or damage will incur a fee charged to the lead hirer. Bare feet is acceptable.

15. Catering

Onboard food and beverage catering as booked with us must be confirmed and fully paid at least 7 days before the scheduled charter.

16. Items not permitted on board

The following items are not permitted on any charter yacht due to the possibility of damage to the vessel.

- Heavy metallic objects.

- Hard plastic or metal drink and food coolers such as “Eskies” or similar portable ice boxes.

Smoking is also not permitted on-board

17. Overnight stays onboard

Under no circumstances may yachts be moved off moorings or from anchorages during overnight stays without a skipper from the operator. Water taxis are available on the harbour by telephone or radio or by contacting the operators after hour’s service.

18. Call out fee

A $250.00 call out fee is applicable for any person/s requiring evacuation from yachts during day charters or overnight stays for any reason.

19. Limit of Liability

To the maximum extent permitted by law the operator excludes all liability to you by the operator, its directors, officers, employees, contractors, representatives, or agents; for any cause including for negligence and whether the loss or damage occurred to person or property. The lead hirer agrees to indemnify the operator, their employees and or partner agents from and against any losses, actions, expenses, fees, damages, and fines caused by any negligent act or omission by the lead hirer or members of the group including:

● Failure to follow any reasonable direction given by the master or crew

● Failure to comply with any of these terms or conditions.

● Failure to comply with any warning sign.

● Unreasonable or unsafe behaviour.

● Wilful misuse of the equipment or facilities of the vessel.

● Intoxication or the use of prohibited drugs.

20. Risk Warning

Recreational activities (including sailing & swimming) involve a significant risk of physical harm or personal injury including permanent disability and/or death to participants. Any such injury or loss may result not only from your actions but from the action, omission, or negligence of others. Please read and obey all signs and follow all directions given by the company or its employees, contractors, representatives or agents. Each guest will be presented with our Terms and Conditions, Safety Disclaimer & Waiver document prior to arrival and by remaining on board, agree that they have read, understood and agreed to abide by the guidelines and rules of the document.

Each guest must acknowledge that they have read this document in full, and that they acknowledge that the warning constitutes a risk warning under the Civil Liabilities Act, 2002. You also acknowledge that the risk warning has not been contradicted by any

representation made by or on behalf of the operator.

You will read all signs and follow all directions given by the operator or its employees, contractors, representatives, or agents; and you will conduct yourself in a controlled manner at all times. You declare to Southwinds and the operator that you are in a fit and

healthy state to undertake a recreational adventure activity of this nature and that you have no pre-existing medical condition or injury which would adversely affect your competence on the boat or in the water.

21. Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia. You and the operator agree to submit to the exclusive jurisdiction of the courts of the State of New South Wales, Australia and any appellate courts.

If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The operator's failure to exercise or enforce any rights or provisions of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the operator in writing.

22. Acceptance

By making a booking and paying a deposit, the lead hirer agrees to be bound by these Terms and Conditions. The lead hirer acknowledges that he or she has read and understood these Terms and Conditions and has or will convey these conditions to all of the Group.