BOOKING TERMS AND CONDITIONS

Minimum charter 4 hours unless specified otherwise

Price includes skipper and required crew by NSW Maritime legislation
All prices in $AUS and include GST
Prices are subject to change without notice

Definitions

Charter - the cruise for which the Charterer is paying and the Operator is providing
Charterer - the client of the Operator, who is paying for the Charter
Charterer's Group - all the passengers who will take part in the Charter
Master - the qualified person in charge of the vessel
Operator - the person or organisation providing the vessel for the Charter

Quotes

Quotes valid for 30 days after date of enquiry.

Tentative Bookings

Tentative reservations are a first right of refusal and will be held for up to 1 week or until another party wants to book.

Confirmation of Booking

A Charter will be confirmed on receipt of the specified deposit of $1000 AUD. (Unconfirmed bookings may be subject to cancellation after 7 days if no prior arrangement is made). In the event of bookings made within 7 days of the charter credit card details may be required as security.

Cancellations

More than 14 days prior - Deposit will be refunded less a $200 management fee if another booking is secured for the same time slot.
Less than 14 days prior - Loss of deposit 

Final Payment

Full payment to be made 2 working days prior to the charter unless otherwise negotiated with Sydney Charters. The total amount due will be calculated on final number of guests advised or the number on board, whichever is the greater.

Method of payment

Cheque, bank cheque, cash, EFT or credit card. (Visa, Mastercard and Bankcard).

Please note there is a 2.5% credit card surcharge.

Tab or consumption bar

Beverages will only be supplied on a TAB or consumption basis if the total bill is paid, or signed and authorised in the case of account customers, at the conclusion of the cruise.

Final Numbers

Confirmation of minimum final number of guests must be made no later than 3 working days prior to the Charter. Within 3 days the numbers may increase, however they cannot decrease.

Public Holidays

A surcharge of 15% of the total charter fee will apply.

New Years Eve, Christmas Day, New Years Day, Boxing Day and Australia Day

Rates for these special days are available on request from Sydney Charters.

Force Majeure

The Operator will be free from liability for failing to provide a service due to industrial action, unsuitable weather conditions, technical problems or other events beyond Sydney Charters reasonable control. Harbour Cruises and Estuary Fishing Charters will go ahead regardless of weather conditions.

Charter Course and Master’s Discretion

The course to be undertaken during the Charter may be agreed in advance with the Operator or with the Master on the occasion of the Charter; however 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. Guests are given a 15 minute window in which to disembark after a cruise – time in excess of this is charged at an hourly rate.

Responsible Service of Alcohol

As the licensee, Sydney Charters is bound by the NSW Liqour Act and must abide by the guidelines for the responsible serving of alcoholic drinks as stated in posters displayed onboard the vessel, with particular regard to the refusal of service of alcohol to either intoxicated persons or guests under the age of 18, and as such may refuse service to any individual at the Masters absolute discretion. Please note that it is an offence for individuals to carry liquor from the vessel on disembarkation.

Responsibility of the Hirer:

The Charterer is at all times responsible for the conduct of the Charterer’s group.

Damage to the Vessel

The Charterer shall indemnify the Operator in respect of any loss or damage to the vessel or its equipment or fittings howsoever caused by members of the Charterer’s group, fair wear and tear excepted.

Bond

A bond, if required, will be specified at time of quotation and must be paid before the commencement of the voyage, which will be refunded within seven days of the Charter, unless any of the following have occurred:

  1. loss of or damage to the vessel or its equipment or fittings, caused by members of the Charterer's Group;
  2. Excessive uncleanliness caused by members of the Charterer's Group, given the nature of the Charter.
  3. Unruly behaviour by members of the Charterer's Group to the extent that the Master, in his sole discretion, in the interests of the safety of the vessel and other passengers and its crew, decides that the Charter must be terminated early.

Limit of Liability

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 Limitation of Liabilities and Maritime Claims Act 1989 (Cth).

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) caused by any negligent act or omission by the Charterer or members of the Charterer’s group.

Sydney Charters is not liable for any death, loss, damage or injury to any person or property which occurs and is attributable to or associated with:

  1. Failure to follow any reasonable direction given by the master or crew;
  2. Failure to comply with any of these terms or conditions;
  3. Failure to comply with any warning sign;
  4. Unreasonable or unsafe behaviour;
  5. Wilful misuse of the equipment or facilities of the vessel;
  6. Intoxication or the use of prohibited drugs.

 WEB SITE TERMS AND CONDITIONS

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Links:

www.sydneycharters.com.au makes no representations whatsoever about any other sites that you may access through the Site or that may link to the Site. When you access any other website you understand that it is independent from the Site and that we have no control over the content or availability of that website. In particular, you agree that any dealings you have with such third party site operators shall be on the terms and conditions (if any) of the third party operator. In addition, a link to any other website does not mean that www.sydneycharters.com.au endorses or accepts any responsibility whatsoever for the content contained on such website or the use by you of it. www.sydneycharters.com.au shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available through any such site or resource.

Miscellaneous:

If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction in which that Term and Condition is illegal, invalid or enforceable, it shall be severed and deleted from these Terms and Conditions and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable. These Terms and Conditions shall be governed by and construed in accordance with the laws of Australia and New South Wales. Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of AUSTRALIA and New South Wales. By using this Site you agree to the personal jurisdiction of, and venue in, such courts.

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