 | | 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
Agent - Flagship Charters acting as agents for the Operator.
Flagship Charters act as agents only. Charter fees, menus, specifications and pictures of vessels are supplied in good faith and with the authority of, and on the information supplied by the owner. Because this information changes from time to time, neither the company nor any individual is liable for any inaccuracies contained in such information.
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. (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 $250 management fee if another booking is secured for the same time slot.
Less than 14 days prior - Loss of deposit + a cancellation fee applies - consideration will be given to food, staff and boat costs incurred due to cancellation.
Final Payment
Full payment to be made 5 working days prior to the charter unless otherwise negotiated with Flagship 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 or American Express).
Please note there is a 2% 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 7 working days prior to the Charter. Within 7 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 and overnight charters
Rates, Terms & Conditions and cancellation policy for NYE, Christmas Day and overnight charters on application.
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 the Operator’s reasonable control. 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, the Operator 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 at the bar and in the vessels’ house policies, 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 Operators’ 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:
- loss of or damage to the vessel or its equipment or fittings, caused by members of the Charterer's Group;
- Excessive uncleanliness caused by members of the Charterer's Group, given the nature of the Charter.
- 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.
The Operator is not liable for any death, loss, damage or injury to any person or property which occurs and is attributable to or associated with:
- 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.
| | |
