Charter Terms and Conditions
The Charterer includes the Charterer’s family, employees, agents and guests. In this Agreement, unless the context otherwise requires, the singular includes the plural and vice versa, words denoting gender shall include all other genders. Children are defined as persons under the age of 16 years.
a) A 50% deposit is required at the time of booking to confirm the charter.
b) Certain special occasions and public holidays including, but not limited to, New Year’s Eve, Boxing Day, Australia Day and weekends in December will require a 100% deposit.
c) All payments are non-refundable unless otherwise indicated.
d) Payment of the deposit indicates the Charterer’s acceptance of the Terms and Conditions contained within this Agreement, even if the Agreement is not signed by the Charterer.
2. Final Payment
Payment of the balance of the Charter Fee is due a minimum of 14 days prior to the Charter date.
a) If the Charter is cancelled in writing more than 31 days prior to the charter date, a full refund of monies received will be given.
b) If the Charterer cancels within 30 days of the charter date, a cancellation fee equal to 100% of the charter will apply.
c) A bond in the form of a credit card authorisation is to be paid prior to the commencement of the Charter and shall be released within 7 days of the Charter completion unless any of the following occurs:
i) Loss of, or damage to the Vessel, it’s fittings or equipment, caused by members or guests of the charter group.
ii) An unreasonable amount of excess uncleanliness caused by members of the charter group.
iii) Unruly behaviour, by members of the charter group, to the extent that the Master, in his sole discretion and in the interest of the safety of the Vessel, its crew and other passengers, decides that the charter must be terminated early.
iv) Gross misconduct by the Charterer or their guests.
d) Cost recovery of damages caused by the Charterer or their guests is not limited by the amount of the bond paid.
4. Limit of liability
a) It is a condition of the Charter that the liability of C & D Charters, its servants, agents and sub-contractors is agreed to be limited in accordance with the Limitations of Liabilities and Maritimes Claims Act 1989.
a) The Charterer agrees to indemnify, and hold harmless, C & D Charters, its servants, agents and sub-contractors against any and all losses, claims, actions, costs (including legal costs), expenses, fees, damages and liabilities which C & D Charters may sustain or incur resulting from:
i) Any negligent act by the charterer or members of the charterer’s group.
ii) Any damage, loss or theft of any property belonging to any charter guest arising from the charter.
iii) Any personal injury or death caused or contributed to by any negligent, reckless or wilful act or omission of the Charterer or members of the charterer’s group.
b) The Charterer agrees to indemnify, and hold harmless, C & D Charters, its agents and employees, from and against any and all losses, claims, actions, costs (including legal costs), expenses, fees, damages and liabilities which C & D Charters may sustain or incur as a result of anything other than those listed above.
a) Cancellation by C & D Charters for weather, safety or any other reason is at the Captain’s discretion. In the unlikely event of cancellation, alternative dates suitable to both parties will be offered.
b) Rescheduled charters must be used within 6 months of the original booking date.
c) If you choose not to rebook, then cancellation fees will apply for wait staff, catering and wharf fees.
a) It is acknowledged the Charterer is satisfied with the suitability of the vessel for the Charter Period.
8. Extensions of Charter
a) The Charter Period may, with the consent of the Captain, be extended by the Charterer at any time, including after the commencement of the Chartering Period.
b) Any extension will be subject to the terms of this Agreement and the Charterer must negotiate the rate with the Charter Agent.
a) Should your chosen yacht become unavailable for any reason including inoperability, damage, safety or crew availability, C & D Charters reserves the right to substitute a suitable alternative vessel or where a suitable alternative vessel is unavailable a refund will be offered.
b) C & D Charters shall have no further liability to the Charterer beyond the offered refund.
10. Captains Authority – Destination and Safety
a) It is agreed that the Charterer may determine the general movements, program and destination of the yacht within limits of this Agreement, but it is understood that the Captain is in full command.
b) The Charterer and their guests agree to comply with all directions given by the Captain of the Vessel.
c) The Charterer and its guests further agree to depend upon the Captain for safe navigation of the Vessel, and at all times to abide by his/her judgment as to navigation, weather, anchorage, clearance, and the like.
11. Alcohol and Smoking
a) Responsible Service of Alcohol (RSA) regulations apply. Any charter guest intoxicated or appearing to be intoxicated will be refused alcohol service.
b) The Captain reserves the right to refuse boarding to anyone intoxicated at the time of embarkment.
c) The use or consumption or illegal drugs by anyone using C & D Charters’ facilities, property or vessels, either ashore or afloat is strictly prohibited.
d) The consumption of alcohol may increase the risk of injury and the Charterer accepts that risk. C & D Charters shall not be liable for any personal injury or death arising from or in any way related to the use or consumption of alcohol or illegal drugs.
e) Upon application to the Captain at the time of charter, smoking is allowed when the vessel is at anchor and in an area designated by the crew.
a) C & D Charters and the Captain of the Vessel reserve the right to immediately terminate the Charter should the Charterer or its guests engage in gross misconduct.
b) The following circumstances will amount to gross misconduct:
i) Physical violence or verbal abuse between passengers or directed at the crew or other members of the public;
ii) Urinating over the side of the Vessel;
iii) Polluting into the harbour;
iv) Engaging in sex acts or other sexualised behaviour in public;
v) Use, consumption or distribution of illegal substances;
vi) Wilful damage of the vessel or other property belonging to C & D Charters;
vii) Jumping from the Vessel while underway.
13. Maximum Number of Guests
Vessel’s Capacity –
a) The Charterer shall not, at any time during the Charter Period, exceed the maximum number of persons stated on this Agreement excluding crew.
a) When children are on board, the Charterer will be fully responsible for their safety, conduct and entertainment and no member of the crew shall be called upon in anyway to be responsible.
a) If the Charterer has arranged swimming as part of the itinerary and advised C & D Charters ahead of the Charter, and C & D Charters has provided a suitable location, all guests entering the water do so at their own risk.
b) C & D Charters shall not be liable for accidents, injuries or death due to: swimming; windsurfing; paddle boarding; the use of the yacht’s tender and outboard engine; or the use of any equipment provided by C & D Charters including, but not limited to, jet skis ,Seabobs, water slides, splash mats, snorkels, masks, fins or scuba equipment whether supplied or otherwise.
16. Governing Law
a) This Agreement shall be governed by and construed in accordance with the law of New South Wales and the parties submit to the exclusive jurisdiction of the courts of that State.
a) By accepting this Agreement, the Charterer agree to be bound by the terms and conditions set out in this Agreement including the Charter Terms and Conditions set out above.
b) Acceptance of this Agreement by the Charterer may occur as follows:
Orally either in person or via telephone; or
i) In writing, by signing and delivering a signed copy of this Agreement to us, or by notifying your acceptance by email or other written form of communication; or
ii) If C & D Charters is otherwise instructed to commence or continue with the arrangements for the charter which is the subject of this Agreement, including but not limited to, where payment of the invoice in connection with the Charter Fee is paid to C & D Charters, such payment will be treated as the Charterer’s acceptance of this Agreement.