Sydney Catamaran Charters – Terms of Service
1.1 These Terms of Service (Terms) create an agreement between Sydney Catamaran Charters Pty Ltd (ACN 636 620 856) (we, us or our) and the person/entity identified in the Booking Details (you or your) consisting of these Terms of Service and the Booking Details.
1.2 With payment of your Booking Deposit, you confirm your understanding and acceptance of these Terms.
1.3 To the extent of any inconsistency between the Booking Details and these Terms, the Booking Details will prevail.
2. Charters
2.1 If you have a Booking:
(a) we will provide the Charter in accordance with these Terms and the Booking Details;
(b) you will participate in the Charter in accordance with:
(i) these Terms; and
(ii) our reasonable directions and all applicable laws.
2.2 You acknowledge that during Charter the Vessel will be and remain under our absolute control. The direction and control of the Vessel and its crew (as applicable) is at all times the sole responsibility of the Skipper.
3. Bookings
3.1 From time to time you may submit an Enquiry to us and if we have availability on your selected day(s), we will provide you with a quote, which will remain valid for 5 Business Days from date of issue unless otherwise agreed.
3.2 In order to request to book a Charter, you must:
(a) be at least 18 years of age;
(b) confirm the Enquiry details; and
(c) pay the Deposit (if applicable) within the time stipulated in a quote,
(d) With payment of your Booking Deposit, you confirm your understanding and acceptance of these Terms.
(Booking Request).
3.3 We may accept or reject a Booking Request in our sole discretion. If we reject your Booking Request, this agreement will immediately terminate.
3.4 If we wish to provide you with Charter we will send you a message confirming a booking has been made with all details relevant to the booking (Booking Details). You acknowledge and agree the booking is not secured until:
(a) (if a Deposit is due) your Deposit has been received; or
(b) (if no Deposit is due) your full Charter Fee has been received.
3.5 All information you provide us must be accurate, current and complete and, if relevant, you warrant you are authorised to book a Charter on behalf of the person or entity for which you are booking the Charter. We may request evidence of your authority to book a Charter.
4. Changes and cancellations to Bookings
4.1 Once your Charter is booked in accordance with clause 3.4 it is non-refundable and non-exchangeable, except as required by law, or as set out in this clause 4.
4.2 You may request that we reschedule your Charter Date. In this instance the following will apply.
|
60 – 28 days prior to the Charter Date |
28 – 14 days prior to the Charter Date |
< than 14 days prior to the Charter Date |
|
We will use all reasonable efforts to reschedule on a mutually convenient date within 3 months of the original Charter Date |
We will use all reasonable efforts to reschedule on a mutually convenient date within 3 months of the original Charter Date and an administration fee of $150 is due. |
Charter Date may not be changed. |
4.3 You may request that we cancel your Charter entirely. In this instance you agree to pay us the following cancellation fees.
|
60 – 28 days prior to the Charter Date |
28 – 14 days prior to the Charter Date |
< than 14 days prior to the Charter Date |
|
Deposit will be refunded if another booking is secured for the same Charter Date |
Deposit is non refundable |
Charter Fee is non refundable |
4.4 We reserve the right to cancel or abandon a Charter either before or during the Charter Period, if we or the Skipper considers in our/their sole discretion that the cancellation or abandonment is:
(a) necessary for reasons of weather;
(b) required due to COVID 19 or to comply with public health order; or
(c) in the interest of the safety and well-being of the Vessel, its passengers and crew,
we will not be liable for any loss or expense incurred by you or your passengers caused by such cancellation. In this instance you will be liable for all wharf and staff charges we include and unless the Charter is cancelled or abandoned due to poor passenger behaviour (as set out in clause 10.6):
(d) we will use all reasonable efforts to reschedule on a mutually convenient date, within 3 months of the original Charter Date;
(e) Deposits will be withheld for the future booking;
(f) you must pay to us all unavailable and substantiated third party costs; and
(g) if we are not able to reschedule the Charter we will issue you with a credit note for the value of the Charter Fee.
5. Fees
Charter fees
5.1 You must pay the:
(a) Deposit on the date you submit a Booking Request; and
(b) Total Fee 14 days before the Charter Date,
unless otherwise agreed by us.
5.2 Unless otherwise agreed, if the Total Fee is not paid to us 2 days’ before the Charter Date we will deem the Charter cancelled and no refund will be payable to you.
Additional Services fees
5.3 If you opt to obtain Additional Services, you must pay the:
(a) Additional Services Deposit (if applicable) in accordance with the Additional Services deposit date we notify to you, and if no date is notified, 10 days before the Charter Date’ and
(b) Additional Services Fee in accordance with the payment terms we notify to you, and if no terms are notified, 5 days before the Charter Date.
5.4 If you fail to pay the Additional Services Fee in full in accordance with clause 5.3 you acknowledge and agree the Additional Services may not be made available to you and no refund will be payable to you.
General
5.5 Direct Deposit is the accepted payment method.
6. Damage and security bond
6.1 We may request a credit card security bond of $1,500 prior to the Charter Date which is preauthorised but not banked.
6.2 The preauthorisation will be released upon final inspection following the Charter Date, minus:
(a) any Additional Charges; and
(b) the cost of any Cleaning and/or Damage to the Vessel.
(a) withhold the security bond for up to 14 days from the Charter Date; and
(b) pursue you for further payment if additional amounts, above the amount of the security bond, are required to cover the Additional Charges and costs of Cleaning and/or Damage to the Vessel.
7. Embarking and disembarking
7.1 The Vessel will dock at the times stated in the Booking Details.
7.2 All passengers have 15 minutes to board and 15 minutes to disembark from the times stated in the Booking Details. Any time in excess of this, may be charged as an Additional Charge at a pro-rata hourly rate.
8. Vessel course
8.1 You may ask for the Charter to sail a certain course during the Charter Period. However, you acknowledge and agree the Skipper at all times has the sole discretion to take whatever course and/or 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.
9. Vessel substitution
9.1 In the event of an unforeseeable problem with the Vessel, we reserve the right (in our sole discretion) to use another vessel of similar style and capacity in order to provide the Charter.
10. Passenger behaviour
10.1 You are responsible for the conduct of all passengers during the Charter Period. You acknowledge that you have read and understood these Terms and have conveyed any relevant terms to passengers prior to boarding.
10.2 Non-marking soled shoes (or no shoes) must be worn on the Vessel. Any black soled or hard shoes (including high heels) must be removed when aboard the Vessel.
10.3 Unruly, rude or harassing behaviour is not acceptable. It is your responsibility to ensure passengers comply with the responsible consumption of alcohol, and intoxicated passengers will not be permitted to board the Vessel.
10.4 Drug use is illegal, and is strictly prohibited on board the Vessel.
10.5 If you or your passengers exhibit unruly, rude or harassing behaviour (as determined by us or our Skipper in our/their sole discretion), or are using drugs, the Skipper, at their sole discretion, may:
(a) contact the water police;
(b) off-load the offending passengers at the nearest wharf the continue the Charter; and/or
(c) off-load all passengers at the nearest wharf and terminate the Charter.
10.6 Notwithstanding any other provision of these Terms, to the fullest extent permitted by law there will be no refund, credit or opportunity to reschedule for behavioural, alcohol or drug related issues with passengers.
11. Food and drink
11.1 The Vessel is not licensed so if you wish to consume alcohol the Vessel is BYO only. If you BYO you may use our fridges, 2 large ice boxes (ice not supplied) and may arrange with us to drop of alcohol prior to the Charter Timeframe.
11.2 You may elect to bring your own food. In this case you may use our fridges, galley and Vessel utensils (cutlery, crockery etc) to prepare and serve food. We will handle washing and cleaning (subject to clause 7.3).
11.3 You may elect to obtain catering from us as an Additional Service, in this case we will prepare and serve all food and this will be charged at the Additional Service Fee.
Swimming off a boat is a wonderful experience, but can on occasion be hazardous activity. If the Vessel is at anchor, and your Skipper confirms (in their discretion) that you may enter the water, then you acknowledge and agree:
(a) your passengers entering the water are strong swimmers and any passenger who is not a strong swimmer should not swim off the Vessel;
(b) swimming includes the risks of sharp objects (rocks, coral and oysters), passing boats, and marine life; and
(c) you and each passenger swims at your/their own risk.
13.1 Whilst we are committed to making the Charter as safe as possible you acknowledge and agree sailing can, on occasion, be a hazardous activity. Risks may include Vessel movement, slippery decks, ropes and lines on deck. Passengers must be mindful at all times of their environment and must exercise care when embarking and disembarking, moving around the Vessel or navigating stairs, ladders and toilet areas.
14. Liability
14.1 To the extent permitted by law we and our related entities, employees and agents are not liable for any loss or damage, however it arises, whether in contract, statute or tort (including negligence), arising out of, or in connection with:
(a) the conduct of any passenger;
(b) the Vessel; or
(c) the Charter, including you or any passenger swimming as set out in clause 12 or any boating hazards (as set out in clause 13).
14.2 To the extent permitted by law:
(a) we exclude liability for any loss of profit, special, exemplary, punitive, incidental, indirect or consequential loss or damages suffered or incurred or arising in connection with the Charter or in connection with any act or omission by us (negligent or otherwise); and
(b) our aggregate liability in connection with these Terms (including in relation to the supply of any Charter), whether based on warranty, contract, statute, tort (including negligence) or otherwise, will not exceed the Charter Fee.
14.3 If any supply by us pursuant to this agreement comprises a supply to a ‘consumer’ as defined in the Australian Consumer Law, then nothing contained in this agreement restricts or modifies guarantee, right or remedy which pursuant to the Australian Consumer Law applies to this agreement or is conferred on you, provided that to the extent that the Australian Consumer Law permits the us to limit our liability for breach of guarantee imposed by the Australian Consumer Law, then to the extent permitted by the Australian Consumer Law, our liability for such breach is limited to:
(a) in the case of goods, any one or more of the following acts as determined by us:
(i) the replacement of the goods or the supply of equivalent goods; or
(ii) the repair of the goods; or
(iii) payment of the cost of replacing the goods or acquiring equivalent goods; or
(iv) the payment of reasonable costs of having the goods repaired; or
(b) in the case of services any cost of the following as determined by us:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
15. Indemnity
You agree to indemnify us against all claims, damages, costs, expenses (including legal fees), losses (including loss of income and business opportunities) or liabilities that are suffered or incurred by us arising from, or in connection with:
(a) failure to follow any reasonable direction given by the Skipper or crew;
(b) unreasonable or unsafe behaviour;
(c) wilful misuse of the equipment or facilities of the Vessel;
(d) intoxication or the use of prohibited drugs;
(e) your breach of these Terms;
(f) your negligent, wrongful or unlawful act or omission; or
(g) any personal injury or death, or loss of, or damage to, property caused by your act or omission.
16. Confidentiality
We will keep all confidential information confidential and use such information for the sole purpose of performing the obligations under these Terms.
17. General
17.1 We may, on notice to you, change these Terms. By continuing with your Charter following any changes you indicate your acceptance of the changes. These Terms do not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded.
17.2 Notices required to be given under these Terms may be sent by email at info@sydneycatamarancharters.com.au or in the case of notices we give you, by making the information available on our website.
17.3 The Terms of this agreement are governed by the laws of the State of New South Wales, Australia and the courts of that jurisdiction will have exclusive jurisdiction over any dispute arising out of this agreement.
17.4 Any warranty, indemnity, or obligation of confidentiality in these Terms will survive termination. Any other term which by its nature is intended to survive termination of these Terms survives termination of these Terms.
17.5 You agree that no joint venture, partnership, agency or employment relationship exists between you and us as a result of this agreement.
17.6 The Terms constitute the entire agreement between us and you, relating to the Charter and supersede all previous discussions and communications.
17.7 If any term or provision of these Terms are held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms and the remaining terms and conditions will be unaffected.
18. Definitions
18.1 In these Terms, unless the context otherwise requires:
Additional Charges include but are not limited to extensions of the Charter Timeframe, fees for additional passengers, additional services, waiting time for embarking and disembarking at wharves, water taxis and any other additional charges notified by the Skipper.
Additional Services means any additional services we agree to provide including catering and additional staff.
Additional Services Deposit (if applicable) means 50% of the Additional Services Fee.
Additional Services Fee means the fees for the Additional Services, as agreed by the parties.
Australian Consumer Law means the provisions of Schedule 2 to the Competition and Consumer Act 2010 (Cth), as applied under Part XI or under a law of a State or Territory.
Booking Details has the meaning given to that term in clause 3.4.
Booking Request has the meaning given to that term in clause 3.1
Business Day means a day other than a Saturday, Sunday or public holiday in New South Wales, Australia.
Charter means the chartering of the Vessel by our Skipper for the Charter Period.
Charter Date means the date the Charter will occur on.
Charter Fee means the fee for the Charter and Additional Services (if applicable) as notified to you by us in the Quote.
Charter Period means the Charter Date and Charter Timeframe.
Charter Timeframe means the timeframe the charter will occur for, on the Charter Date.
Cleaning means any requirement we clean as result of excessively dirty passengers (including vomiting).
Damage to the Vessel includes:
(a) damage howsoever caused by passengers to the Vessel or its fittings;
(b) damage or breakage to all items and accessories on board including catering utensils (such as plates, bowls, glasses etc); and
(c) blockages to the marine toilets
Deposit means 50% of the Charter Fee unless otherwise notified to you.
Enquiry means a request to book the Vessel which must include:
(d) your first and last name, phone number and address;
(e) requested Charter Period;
(f) the number of passengers; and
(g) any Additional Services you request.
Quote has the meaning given to that term in clause 3.1.
Skipper means the duly qualified person in charge of the Vessel.
Vessel means Chillout a Seawind 1160 catamaran.
18.2 In this document unless the context otherwise requires:
(a) clause and subclause headings are for reference purposes only;
(b) the singular includes the plural and vice versa;
(c) where a word or phrase is defined its other grammatical forms have a corresponding meaning;
(d) references to statutes include all statutes amending, consolidating or replacing such statutes;
(e) $ means the lawful currency of Australia;
(f) any reference to a party to this document includes its successors and permitted assigns; and
(g) the use of the word "includes" or "including" is not to be taken as limiting the meaning of the words preceding it.
With payment of your Booking Deposit, you confirm your understanding and acceptance of these Terms.