Any Boat Pty Ltd Terms and Conditions

Transcription

1 Company: Name: Mobile Tel. No: Event: Number of Guests: Cruising On: Cruise Date: Pick-up time & Location: Drop-off time & Location: I acknowledge that the above details are correct. I also acknowledge that I have read and agree to the below terms and conditions. By paying my invoice agree to all of the fees and charges Signed Name Date SailCorp Terms and Conditions By paying for a cruise you agree to SailCorp's terms and conditions set out below. SailCorp reserves the right to cancel Charters that are in breach of our terms and conditions. 1. Definitions Charter - the cruise, provided by the Operator, which the Charterer is paying for Charterer - the paying customer, the person purchasing the Charter Charterer's Group - all the passengers who will be taking part in the Charter Master - the person, with qualifications, who is in charge of the vessel Operator - the person or organisation providing the vessel for the Charter and to whom the money is being paid by the Charterer SailCorp is a booking agency for many vessels on Sydney harbour. SailCorp arranges Charters on behalf of our clients with Charter Operators who have their own terms and conditions that are specific to their Charters. Charterers must make themselves aware of the Operator's terms and conditions relating to their arranged Charter and SailCorp bears no responsibility for their failure to do so. SailCorp takes no responsibility for any claims or guarantees made by Charter Operators and reserve the right to refuse a refund which is based on any such claims or guarantees. Page 1 of 5

2 Suitable Charters are sourced for each quotation to ensure their availability at that time. A boat can become unavailable at any time after the quotation is issued due to the receipt of a deposit by another agency or Operator. In these situations SailCorp will make every effort to source a similar vessel. If alternate arrangements cannot be made, a full refund will be issued. SailCorp will not be held liable for any arrangements or costs associated with a vessel that becomes unavailable. Every effort is made to keep prices up-to-date on the "sailcorp.com.au" website, but prices can change without notice. No refunds will be issued by SailCorp or Charter Operators if a discrepancy does occur. Latest prices are available by calling our office. 2. Parties (i) SailCorp Pty Ltd of 23A King George Rd, McMahons Point NSW 2060, ph: (02) info@sailcorp.com.au the operator and the above (ii) 3. Terms All prices are in AUD$ and include 10% GST. Prices subject to change. A surcharge will apply for public holidays. Wharf fees apply at Sydney wharves. Prices vary depending on the size of the vessel. Guests have 15 minutes to disembark after a cruise. Any time in excess of this is charged at a pro-rata hourly rate. (i) A deposit of 50% of the agreed event charge of the Charterer is to be paid on booking. (ii) Method of payment may be by cash, EFTPOS, Electronic Funds Transfer, Cheque, or Credit Card. Please note, Diners attracts a surcharge of 4%. All other cards attract a 3% surcharge. EFT Details: Name: SailCorp Pty Ltd; BSB AC ABN Please send remittance to info@sailcorp.com.au. (iii) The balance of the event fee, with final guest numbers, is to be received 20 days prior to the event date, by payment methods in (ii). (iv) Beverages ordered through SailCorp incur a 25% handling fee. (v) In the event of cancellation all catering and beverages must be paid for in full. (vii) Prices are subject to change without notice. (viii) Skippers booked for public holidays incur a 50% surcharge. 4. Bond A bond must be paid before the commencement of the charter and will be held and will be refunded following the charter. A Security Bond of $1000 for Skippered Charters & a Security Bond of $2000 for Bareboat Charters is taken in lieu of the above or other damage to the vessel. This will be refunded back to you within 5-7days post charter if vessel inspection reveals no loss or damage & that charter conditions were not breeched. The occurrences, which will affect repayment of the bond, in part or in full, are (i) loss of or any damage to the vessel or its equipment or fittings, caused by members of the Charterer s Group; (ii) an amount of uncleanliness in excess of what is reasonable, caused by members of the Charterer s group, given the nature of the Charter, which, in the sole discretion of the Operator, therefore requires an excessive amount of cleaning to make good; (iii) 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; (iv) Breach of Charter conditions; (v) Failure to wear non-marking footwear may result in $100 cleaning charge. We ask that all cooking equipment, plates, cups etc are washed and put away prior to disembarking vessel. Also that all food scraps or rubbish are in garbage bags ready for disposal. An excess cleaning fee of $100 applies otherwise. (vi) If any of the heads (toilets) on the vessel are blocked a $300 unblocking fee will be imposed. 5. Limited Liability (i) 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). (ii) To the extent permitted by law, any liability of the Operator for a breach of any provisions of this agreement or related obligations shall not exceed re-supply or the payment of the cost of re-supply of the service in question. Page 2 of 5

3 6. 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. 7. 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. 8. Force Majure The Operator will be free from liability for failing to perform hereunder due to industrial action, unsuitable weather conditions, technical problems or other events beyond the Operator s reasonable control. 9. Cancellations and Reschedules Weather: SailCorp will reschedule your charter / regatta at no cost if the weather conditions are deemed dangerous on the day. SailCorp will decide if conditions are dangerous generally within three hours of the charter departure time. Rain is not dangerous, but very strong winds and local thunderstorms / lightning are. (i) If the Charterer cancels or reschedules the Charter outside 14 days the deposit will be refunded less 10% of the total charter fee for booking and administration. (ii) If the Charterer cancels or reschedules the Charter within 14 days of the date of the Charter, the deposit will be forfeited. (iii) If the charter is cancelled inside 2 days the whole charter fee will be forfeited. (iv) If the charter is rescheduled inside 2 days, skipper fees and all catering and beverages must be paid in full, in addition to the deposit. (v) If the Operator cancels the charter, the deposit will be refunded. (vi) The Operator reserves the right to cancel the Charter in the event of dangerous weather and all funds will be refunded. 10.Duration of the Charter (i) The duration of the charter includes travel time from and to our base at Lavender Bay and includes the time taken to embark and disembark passengers and brief skippers. (ii) The Operator is not responsible for any delays caused by the late arrival of passengers or delays at the wharf caused by crowds, the arrival of other vessels or any other item beyond its control. It is similarly not responsible for delays at the point of disembarkation for reasons outside its control. (iii)a) For SKIPPERED Charters If the Charterer seeks to extend the duration of the Charter, during the Charter, this extension will be at the sole discretion of the Master and the Charterer will be charged at a rate of $200 per hour or any part thereof plus skipper (s) fees. (iii)b) For BAREBOAT Charters If the Charterer seeks to extend the duration of the Charter, during the Charter, they must consult with SailCorp offices and will be charged $100 per ½ hour or any part thereof. (iv) Any such agreed extension will be paid for by the Charterer before the end of the Charter by cash or credit card. 11. Suitability of the Vessel It is the responsibility of the Charterer to inspect the nominated vessel at some time prior to the Charter, to determine its suitability. 12. Charter Course Page 3 of 5

4 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 Operator reserves the right, at its sole discretion or of that of the Master, to vary the agreed course because of weather, traffic or any other cause which the Master believes is justified in the interests of the safety of passengers, crew and other vessels, at the Master s sole discretion. 13. Substitution of a Vessel The Operator may substitute another vessel for the one originally contracted for and shall incur no penalty provided that the substituted vessel satisfactorily provides the service originally contracted for. 14. Restricted Use (i) The Charterer agrees that the vessel will be used exclusively for pleasure for the sole use for him/her and his/her party and shall not transport merchandise or carry passengers for pay. (ii) The Charterer undertakes not to bring the vessel alongside any jetties, fixed installations or floating marinas other than mooring buoys and furthermore not to raft the vessel up with any other vessels. 15. Alcohol Hard liquor is prohibited onboard. Rowdy or unruly behaviour, as a result of excessive consumption of liquor, is against the law and offenders may be prosecuted. Given that the vessel is not licensed, it is the responsibility of the Charterer to ensure that the law is complied with, in particular, to ensure that alcohol is not served to those in the Charterer s group who already have already had a sufficient amount or who are under the age of 18 years. If any of the Charterer s group exhibits these symptoms, they will be deemed to have had a sufficient amount, - aggressive or anti-social behaviour, inability to walk unaided, vomiting, slurring their words, fumbling or dropping things. If the Charterer or any members of the Charterer s group exhibit these symptoms, the Master may, at his sole discretion (i) terminate the Charter by berthing the vessel at the nearest safe location and discharging all passengers or, at least, the offending ones; (ii) summon the Water Police to remove offending passengers; (iii) negotiate with the Charterer to agree on some other course of action to resolve the problem, which course of action must be satisfactory to the Master. If the Charter is terminated early, as in (i) of this clause, no money will be refunded to the Charterer and the bond may be retained. 16. Decorations Some boats allow you to decorate. In these cases, no paper decorations are allowed on boats. When wet, dye runs out of crepe paper and confetti which stains the carpets and fixtures. Double-sided tape and thumb tacks are also not allowed because of the damage they cause to paintwork on removal. Charterers are responsible for any damage caused by individuals in their Group. You are welcome to decorate with white cloth ribbons,artificial flowers and string to tie them on with. 17. 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. 18. Acceptance by the Charterer The Charterer acknowledges that he or she has read and understands the terms and conditions set out in this agreement and has conveyed these terms and conditions to members of the Charterer s Group. Page 4 of 5

5 ADDITIONAL BAREBOAT CHARTER TERMS & CONDITIONS These terms are in addition to the above Terms & Conditiona & apply to all Bareboat Charters The Charterer must not bring the vessel alongside any jetties, fixed installations or floating marinas other than mooring buoys. The Charterer must not raft the vessel up with any other vessels. For overnight Charter Charterer s must be anchored 1 hour before sunset and cannot leave an anchorage prior to 1 hour after sunrise. Please allow 15 minutes (45 minutes for overnighters) for a brief. This is included within charter time unless otherwise arranged. Bareboat Late Returns incur a fee of $100 per ½ hour or part thereof. 19. Redelivery The Charterer agrees to redeliver the vessel at the expiration of the charter period at the agreed port of delivery and clears of any indebtedness that may have been incurred on his/her account during the charter period and in good structure, condition, state of cleanliness and class as when delivery was taken. The Charterer is responsible for allowing sufficient time for unforeseen contingencies to permit his/her return at the stated time, but should the Charterer not make delivery of the vessel at the time and place herein before stipulated for whatever cause, he/she shall pay demurrage at a rate of $100 per ½ hour or part thereof to the Owner for the time that such delivery is delayed plus any losses that the Owner may sustain due to delayed delivery not being able to meet its commitments to other Charterer s. 20. Competency Applicable for Bareboat charters (i) The Charterer warrants that he/she is competent in the handing and operation of the type of yacht chartered including knowledge of seamanship, piloting, rules and regulations. (ii) The Charterer undertakes not to permit any other persons to operate the yacht unless that person is competent as defined in (i). 21. Restricted Use Along with above (iii) The Charterer undertakes not to bring the vessel alongside any jetties, fixed installations or floating marinas other than mooring buoys and furthermore not to raft the vessel up with any other vessels. 22. Bareboat Limitations (i) The Charterer agrees to limit his/her cruising perimeter to the area and limitations specified by the Operator and are clearly defined by the Operator. (ii) The Charterer agrees to arrange his/her daily itinerary so that the vessel has adequate time to be at anchor at one of the designated overnight anchorages approved by the Operator as being suitable for expected weather conditions. Charterer s must be anchored 1 hour before sunset and cannot leave an anchorage prior to 1 hour after sunrise. 23. Alcohol Driving under the influence of alcohol or drugs is an offence. A designated driver (skipper) should remain under the legal limit when out on the water in case you need to move your vessel. Less than 0.05 for recreational vessel operators over 18 years. Page 5 of 5