Terms And Conditions

Payment & Booking Terms

A deposit payment is required within 5 working days of receiving a Charter Agreement from our team, to secure your booking. If a deposit payment is not received within the given period, the company reserves the right to allocate the vessel to another client. The vessel hirer is required to sign the Charter Agreement, specifying cruise details and conditions and return with your holding deposit.

Special arrangements may be made when discussing the conditions with our Sydney Harbour Charters Team.

All charter quotes are in Australian Dollars (AUD) and will indicate the cost of the various charter components, including the cruising tariff, catering, beverages and entertainment, where applicable. Australian Goods and Services Tax (GST) will be applied to the sub-total of all the cost components and the total quote will include GST.

Final number of guests, cruise times, menu's and beverage selections, entertainment requirements, embarkation location and balance of payment are all to be finalized within 14 working days prior to the cruise date. Balance owing on the actual number of guests onboard, being higher than the final number of guests advised 7 days prior to the function, and consumption bars are to be settled at the conclusion of the cruise by credit card. No refund is given if the actual number of guests is less than the minimum guaranteed passengers or the final number of guests advised to us by vessel hirer 7 days prior to the function.

Duration of the Charter

The duration of the Charter includes the time taken to embark and disembark members of the Charterer's group. This is limited to one point of embarkation and one point of disembarkation unless otherwise agreed in writing.

The Operator is not responsible for any delays caused by the late arrival of members of the Charterer's group or delays at the wharf caused by crowds, the arrival of other vessels, ferries or any other item beyond the Operator's control. The Operator is not responsible for delays at the point of disembarkation for reasons outside its control.

The Operator reserves the right to berth the vessel at the point of disembarkation 10 minutes prior to the scheduled time for disembarkation. If necessary, any music or other entertainment will cease at such time.

If the time taken for disembarking passengers takes longer than 20 minutes beyond the scheduled end of the Charter, the Charterer will be charged for this time pro rata (30 minutes extension) to the vessel charge as set out above in respect to Cruise Extensions. If the Captain is required to vacate the disembarkation point in order to let other vessels berth, this time will also be charged at the same rate.

Suitability of the Vessel

It is the responsibility of the Charterer to inspect the nominated vessel prior to the Charter to determine the vessel's suitability. The Charterer represents and warrants to the Operator that the Charterer is satisfied with the vessel and the standard of services offered by the Operator to be provided in respect of the Charter.

Decorations

If the Operator agrees that the Charterer may decorate the vessel, this must be done without the use of pins, adhesive tape, tacks or anything which will leave a mark on the vessel. In such case, decorations will take place at a mutually agreed time. The Charterer is responsible for all costs associated with repairing any damage caused by the Charterer.

Charter Course

The course to be undertaken during the Charter may be agreed in advance with the Operator or with the Captain. The Operator reserves the right, at its sole discretion or that of the Captain, to vary the agreed course because of weather, wave height, traffic, vessel survey restrictions, or any other cause which the Operator or the Captain believes is justified in the interests of the comfort or safety of passengers, crew, the vessel and other vessels.

Substitution of Vessel

The Operator may substitute another vessel for the specified vessel in the case of any unforeseen circumstances (including mechanical breakdown). In such cases, the Operator has no liability to the Charterer for such substitution provided that the substituted vessel satisfactorily meets the Charter particulars and provides the level of services as originally agreed.

Liability

The Charterer is liable for any damage to the vessel, equipment or furnishings caused by the Charterer or any member of the Charterer's group, unless caused by the Operator's negligence. If the Operator repairs any damage itself, the Charterer must pay the Operator the reasonable third party costs of carrying out such repair. Neither the Operator nor any of its employees are liable for any loss or damage suffered by any person, other than liability directly attributed to the Operator's negligence, arising from the Charter and the Charterer must indemnify the Operator against any such claims.

The Operator accepts no responsibility for loss or damage to goods brought on board and or left on the vessel or the Operator's premises prior to, during or after the Charter.

Neither party is liable to the other party for consequential loss or damage.

Limit of Liability

To the extent permissible by law, the Operator is not responsible in tort, contract or otherwise for any loss or damage arising out of injury or death sustained by the Charterer or any member of the Charter's group, howsoever arising and whether or not arising as a result of the Operator's negligence or failure to render due care and skill. The Charterer enters into this Charter Agreement at its own risk. If however any guarantees, terms, conditions or warranties are implied into this Charter 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:

  • The Operator excludes all other guarantees, terms, conditions and warranties; and
  • The Operator's liability for breach of such guarantee, term, condition or warranty is limited to the supply of the relevant Charter again or the cost of re-supplying the Charter.

Indemnity

The Charterer agrees to indemnify and hold harmless the Operator, its agents and employees, from and against any and all losses, claims, actions, costs expenses, fees, damages, fines and liabilities (including reasonable legal fees) arising from the Charter or caused by any negligent act or omission by the Charterer or members of the Charterer's group.

Force Majure

The Operator has no liability for failing to perform its obligations under this terms and conditions due to any industrial action, unsuitable weather conditions, mechanical or technical breakdowns or other events beyond the Operator's reasonable control.

Jurisdictions and Choice of Law

The law of New South Wales governs this agreement and the parties agree to submit to the jurisdiction of the courts of New South Wales in respect of any dispute arising between them.

Responsible Service of Alcohol

Rowdy or unruly behaviour will not be tolerated. The Operator and the vessel have a "Responsible Service of Alcohol Policy" that applies during the Charter. If behaviour falls outside the guidelines of this policy then the Cruise Director may, in conjunction with the Captain, do any of the following:

  • Terminate the Charter by berthing the vessel at the nearest safe location and disembarking the passengers.
  • Summon the Police to remove offending passengers
  • Negotiate with the Charterer to agree on some other course of action to resolve the issue.

Any costs associated with the early termination of the Charter due to unruly or rowdy behaviour must be paid by the Charterer.

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