TERMS AND CONDITIONS
PARTIES 1.
These terms and conditions form the agreement between the Operator, and Agent (referred to as “we”, “us” or “our” in this agreement) and the party specified in the Details (referred to as “you” or “your” in this agreement). The vessel nominated in the Details is referred to in this agreement as the “Vessel”.
2. This agreement comes into force immediately on your execution of it without the need for us to execute this agreement.
PRICING, PAYMENT OF DEPOSIT AND OTHER AMOUNTS
3. All pricing under this agreement is based on the specified minimum number of guests. If your guest numbers are below the specified minimum number, you must still pay the price based on the minimum number.
4. Only pricing or inclusions agreed to by us in writing is valid and binding.
5. Surcharges may apply for charters on public holidays or special event days.
6. You must return this signed agreement and pay the initial deposit specified in the Tentative agreement to secure your booking. If you do not sign this agreement and pay the initial deposit, we will not hold your booking and we may allocate the Vessel to another client.
7. You must pay the second deposit specified in the Tentative agreement at least 6 months before the Charter Date (unless later date is specified in the Tentative agreement, in which case the second deposit must be paid by that date).
8. You must confirm the final number of guests and any other details at least 14 days prior to the Charter Date. You must pay the balance of the charter price at least 14 days prior to the Charter Date.
9. You must provide credit card details at least 14 days prior to that Charter Date to cover any extensions or other costs (even if you will pay the cost by another means). We will preauthorise the amount specified in the Details on that credit card. Provided there are no outstanding charges, within three working days of the conclusion of the Charter the preauthorisation will be cancelled.
10. All payments made by credit card under this agreement will incur a service charge of 1.8%
11. Any modifications to the standard layout of the vessel, including removal of furniture will incur an additional fee as notified by us in writing.
12. If you fail to pay any amount due under this agreement, we may engage a debt collector or solicitor to arrange payment. In addition to any other amount due under this agreement, you must pay all of our costs for engaging a debt collector or solicitor as a result of your failure to pay.
OPERATION OF CHARTER
13. We will nominate an appropriately qualified person to be in charge of the Charter and the Vessel for the duration of the Charter, referred to as the Captain. The Captain will be assisted by the cruise director, and the cruise director may also give directions on our behalf during the Charter.
14. The Captain is responsible for determining the safe operation of the Vessel during the Charter. The Captain may postpone, vary or cancel the Charter due to unsafe conditions (including due to weather warnings issued by the Bureau of Meteorology in Sydney Harbour, other conditions considered unsafe by the Captain or mechanical failure).
15. You may request the course to be undertaken by the Vessel during the Charter. However, we reserve the right in our sole discretion (as exercised by the Captain) to vary the course because of weather, wave height, traffic, Vessel survey conditions or any other reason which the Captain considers reasonably justified in the interests of the comfort or safety of passengers, the crew, the Vessel or other vessels.
VESSEL
16. You must satisfy yourself regarding the suitability of the Vessel for the Charter.
17. We may substitute another vessel for the specified Vessel in the case of any unforeseen circumstances including mechanical breakdown. In such case we have no liability to you for any such substitution provided that the substituted vessel can supply the Charter and provide the level of services as originally agreed.
18. We reserve the right to upgrade, change or refurbish any part of the Vessel at our discretion. Such upgrade, change or refurbishment does not give you any right to cancel the Charter.
DURATION OF THE CHARTER AND EXTENSIONS
19. The duration of the Charter includes the time taken to embark and disembark members of your group. 20. Our standard embarkation and disembarkation wharf is King Street Wharf 4. Other wharves are available on request and must be agreed in writing by us. Additional charges may apply. 21. We allow 15 minutes for embarkation and disembarkation. We recommend that you advise your guests to be at the embarkation point at least 15 minutes before the designated time for embarkation. We are not responsible for any delays in embarkation, whether caused by the late arrival of your guests, delays at the wharf, crowds, arrival of other vessels, ferries or other matters outside of our control.
22. If disembarkation takes more than 15 minutes, you may be charged an extension of time in accordance with the following paragraph.
23. The cruise director may on request agree to extend the time for a Charter. Extensions (either on request or additional time required for disembarkation) are charged in 30 minute blocks (for each 30 minutes or part thereof).
24. You must pay for extensions on or before the end of the Charter.
25. We may book other events on the Vessel up to 2 hours before the commencement of your Charter and 2 hours after the conclusion of your Charter. All arrangements for set up, decorations and other access to the Vessel must be agreed in advance
CANCELLATIONS
26. If you wish to cancel the Charter at any time the person who signed this agreement must provide written notice.
27. If the Charter is cancelled over 6 months before the Charter Date, provided we are able to rebook the Vessel on the Charter Date and time we will refund your deposit minus our administrative costs of $1,500.
28. If the Charter is cancelled less than 6 months and more than 3 months before the Charter Date, you must pay the initial deposit and second payment for the Charter on cancellation. To the extent we are able to rebook the Vessel on the Charter Date and time, we will refund the amount we recover from rebooking the Vessel (up to the cost of your Charter), minus our administrative costs $1,500 for the cancellation.
29. If the Charter is cancelled less than 3 months before the Charter Date, you must pay amount for the Charter in full on cancellation. To the extent we are able to rebook the Vessel on the Charter Date and time, we will refund the amount we recover from rebooking the Vessel (up to the cost of your Charter), minus our administrative costs of $1,500 for the cancellation.
30. If we are not able to rebook the Vessel on the Charter Date and time, you will not receive any refund on your cancellation of the Charter.
31. In the unlikely event of matters outside our control including unsafe conditions (as determined by the Captain in the Captain’s discretion) or mechanical failure, we may cancel a Charter. If we cancel the Charter, we will provide you with a full refund. Otherwise we have no further liability to you (or any other person) for such cancellation.
32. If we cancel the Charter, we may offer you an alternative time or date instead of a refund. If you accept the alternative time or date for the Charter, all amounts paid for the Charter Date will be applied to the new time or date for the Charter and our standard cancellation policies apply
SAFETY OF GUESTS AND VESSEL
33. You must ensure that you and your guests are responsible for their personal safety and the safety of the Vessel at all times during the Charter. You must ensure that you and your guests comply with all instructions from the Captain, the cruise director, our staff and any notices displayed on the Vessel.
34. You are responsible for the conduct of you and your guests. You are liable for any damage to the Vessel, equipment or furnishings caused by you or any of your guests, unless damage is caused by our negligence. If we repair damage ourselves, you are liable to pay our reasonable thirdparty costs for such repairs.
35. If we agree to allow you to decorate the Vessel, this must be done without the use of pins, nails, screws, staples, adhesive tape, tacks, or anything else it will leave a mark on or cause damage to the Vessel. In such case, decoration will take place at a mutually agreed time.
36. You are solely responsible for all items brought on to the Vessel by you and your guests. You must ensure that all items brought onto the Vessel, including gifts, flowers, decorations or any special food items, are removed at the conclusion of the Charter. We have no responsibility for damage or breakages of any items left on board the Vessel after the conclusion of the Charter. We may at our absolute discretion keep items (other than food) for up to 2 days after the Charter Date for collection. All food not removed from the Vessel (including wedding cake) will be disposed of at the conclusion of the Charter.
37. You are solely responsible for making arrangements for any elderly person, frail person or person with special needs throughout the Charter, including having an appropriate carer for the duration of the Charter. The carer must assist the person on board and up and down staircases. On certain occasions, we may be able to cater for guests who are wheelchair bound. This must be discussed and where applicable agreed to by us in writing at the time of booking.
38. Any guests requiring assistance with mobility must arrange for a carer to accompany them to ensure safety in moving around the vessel.
RESPONSIBLE SERVICE OF ALCOHOL
39. We have a “Responsible Service of Alcohol” policy that applies to you and your guests at all times during the Charter. We may refuse service of alcohol to any guests. If rowdy or unruly behaviour occurs, we may at the discretion of the Captain terminate the Charter by berthing the Vessel at the nearest safe location and disembarking passengers, summoning the police to remove offending passengers or discussing some other course of action with you to resolve the issue. You must pay any costs associated with early termination of the Charter due to unruly rowdy behaviour.
40. It is illegal to serve alcohol to persons under the age of 18 years. Identification is required for service. Persons under 18 years of age consuming alcohol on the Vessel will be removed.
41. You and your guests must not bring any alcohol or illegal substances onto the Vessel. We reserve the right to search you or your guests on entry to the Vessel and to refuse entry to the Vessel.
42. Alcohol must not be taken off the Vessel at any time. Alcohol must not be taken onto a public wharf at any time. SMOKING 43. The Vessel has a no smoking policy in its lounge and dining areas. You may smoke on the open air deck where ash trays are provided.
THIRD PARTY SUPPLIERS AND OTHER GOODS
44. If you wish to use third party suppliers you must first obtain our consent.
45. We take no responsibility for loading and delivery of items, which will occur at times approved by us.
46. If you wish for any goods or other items to be delivered to us for the Charter, you must ensure they are delivered at the time specified by us and identified in the manner specified by us. Generally, all deliveries must be made at least 2 days prior to the Charter Date. If items are not identified as specified by us (or if place cards are not provided in order and by table) we will charge you a handling fee of $250
LIABILITY
47. Our charters operate on busy waterways and are subject to the risks and perils of cruising on such waterways including loss, damage and injury arising out of or in connection with changing tidal and weather conditions and the navigation of other craft. To the extent permissible by law, we will not be responsible in tort, contract or otherwise for any loss or damage arising out of injury or death sustained by you or any other passenger, howsoever arising and whether or not arising as a result of our negligence or failure to render due care and skill. You enter into this agreement and book the Charter at your own risk. If however any guarantees, terms, conditions or warranties are implied into this agreement by any law of the Commonwealth or New South Wales, the exclusion of which would contravene that law or cause part or all of this clause to be void, then to the extent permissible by law we exclude all other guarantees, terms, conditions and warranties, and our liability for breach of such guarantee, term, condition or warranty is limited to the supply of the relevant Charter again or the cost of resupplying the Charter.
48. We exclude all liability for any loss or damage to clothing or personal items/belongings howsoever arising and whether or not our liability arises in tort, contract or otherwise.
49. It is a condition of this agreement that any claim for loss or damage must be notified to us in writing within 7 days from the Charter Date, and any court action, suit or proceeding must be brought no later than one year from the Charter Date. If you fail to comply with either of these conditions, we are forever discharged from all claims, suits, actions and/or proceedings relating to or arising out of or in any way connected with the Charter and we will be discharged from all liability whatsoever, including any liability for negligence.
SCHOOL FORMALS
50. A bond of minimum $1000 is required for school formals and refundable only after the event where no damage has been suffered by the vessel the company or its assets. The bond may be increased if numbers are above 200 guests.
DIETARY REQUIREMENTS
51. We make every effort to cater for your special dietary requirements and allergies. If you have any special dietary requirements please inform us. However, we cannot guarantee that certain products will not be in our food, and we explicitly accept no liability in this regard. For serious food allergies you must make your own decisions on selecting meals.
GOVERNING LAW AND GENERAL MATTERS
52. We may contract or arrange for third parties to provide the whole or part of the Charter and any related services to you. You must not bring any claims or actions against such third parties. If you bring such a claim or action in breach of this agreement, you agree to indemnify us and the person against whom the claim or action is made against he consequences of that claim or action. You agree that in entering into this agreement, we are acting as the agent of and trustee for each of our employees, officers, agents and subcontractors, and each of these persons is deemed to be a party to this agreement will for the purpose of entitling each of them to enforce, have the benefit of and rely upon this agreement.
53. This agreement is to be governed by and is to be construed in accordance with the laws in force in New South Wales. Any action, claim, suit or proceeding arising out of or connected in any way with this agreement or the Charter will only be brought in the Courts of New South Wales.
54. If any part of this agreement is unenforceable, this will not affect the enforceability of any other part of the provision or any other provision. No waiver or variation of this agreement will have binding effect unless such waiver or agreement is in writing and signed by us
