Terms Conditions

General provisions applicable to all cruises, events and charters

1. Background

   1. These Terms and Conditions set out the terms on which you (on behalf of yourself and any person on whose behalf you are booking, together “Charterer”, “you” or “your”) as book through Exclusive Yacht Charters Australia Pty Ltd ACN 626 034 160 (trading as Exclusive Yacht Charters, Flagship Cruises and/or Flagship Charters) or Australian Cruise Group Pty Ltd ABN 89 152 554 302 (to the extent Australian Cruise Group Pty Ltd or any of its related entities are involved in any booking transaction) (Exclusive Yacht Charters Australia Pty Ltd and Australian Cruise Group Pty Ltd are together referred to as “we”, “us” and “our” in these Terms and Conditions) for all bookings, reservations, products and cruises and services operated by the Operator.
   2. These Terms and Conditions constitute the agreement between you and us. We also hold the benefit of these Terms and Conditions on behalf of the Operator.
   3. You must also comply with any additional terms notified to you by the Operator, including any instructions as marked on the Vessel.
   4. In addition to these terms and conditions, other conditions of the Operator may apply including as set out in any Charter Proposal or booking confirmation.

2. Our capacity

   1. We act as a charter booking agency as agent for the Operator, and receive all payments on behalf of the Operator as their agent. We earn a commission based on a proportion of any charter fee, together with any other volume rebates supplied by the Operator.
   2. Our responsibility is limited to the service we provide, that is booking Charters and cruises. The Operator is solely responsible for delivering the Charter and/or cruise.

3. Application of terms

   1. These Terms and Conditions cover a number of different cruises and Charters arranged by us.
   2. Clauses 1 to 4 apply to all cruises and Charters arranged by us.
   3. Clauses 5 to 24 apply to private Charter cruises.
   4. Clauses 25 to 27 apply to scheduled daily and special event cruises.
   5. The provisions regarding general provisions set out in clauses 28 to 31, including the provisions regarding Responsible Service of Alcohol set out in clause 30, apply to all cruises and Charters arranged by us.

4. Definitions

   1. Charter means the cruise or charter for which you are booking or paying that the Operator is providing.
   2. Charterer means you, being the client who has agreed to undertake the Charter.
   3. Captain means the duly qualified person in charge of the Vessel.
   4. Cruise Director means the person nominated by the Operation in charge of delivering the Charter or cruise.
   5. Group means all the passengers who will take part in the Charter.
   6. guest means any person either booked on or on-board a Charter.
   7. minimum guest number means the greater of any minimum number of guests specified on the Charter proposal or as agreed by us before the Charter.
   8. Operator means the owner or operator of the Vessel as specified in the Charter Proposal or any other Schedule.
   9. passenger means any person either booked on or on-board a scheduled cruise.
   10. Vessel means the Operator’s vessel or vessels specified in the Charter Proposal or any other Schedule.

   
   Private Charter Cruises Terms & Conditions

5. Charter proposal & quotations

   1. Charter proposals and quotations are presented to you based on your discussion with our charter consultant or based on email, online or other enquiries. A Charter proposal and quote are only valid for 14 days from the date or otherwise as advised on the proposal and subject to availability of the Vessel at the time of confirmation.
   2. The Charter is supplied subject to these Terms and Conditions provided to you with a Charter proposal and quotation.
   3. Payment of the deposit in accordance with the Charter Proposal/cruise quotation/confirmed booking (invoice) constitutes your acceptance of the Terms and Conditions.
   4. If there is any inconsistency between the Charter Proposal and these terms, the Charter Proposal will prevail to the extent inconsistency.

6. Pricing

   1. The Charter price includes the cost of the Vessel, crew, and all other costs including food & beverage costs and related to operations of the Charter such as fuel, docking and navigation route charges. The pricing in this Charter Proposal is based on the minimum guest number confirmed by you. The full Charter price based on the minimum guest number will apply, even if the actual number of guests is less.
   2. The Charter price is based on the day and the season of the booking. If you request a change to the date, the duration of or inclusions in the Charter and the Operator in its absolute discretion agrees to such changes, we will notify you of any changes to pricing (including due to any change of the day or the season on which the Charter will operate). You must pay the amended price. Any change of date is subject to availability of the Vessel and at the absolute discretion of the Operator.

7. Tentative reservation

   1. Tentative reservations may be held for up to 1 week pending payment of a deposit, or until another party wants to book the same Vessel, whichever is sooner. The booking is not secured until a deposit has been received by us.

8. Deposit for Charter confirmation

   1. The deposit payable to confirm the Charter will be 20% of the Charter fee unless otherwise specified in the quotation. The deposit payable will be in accordance with the information provided on the quote, relevant to the chosen Vessel.
   2. Charters less than $6,000 value will require 50% deposit to confirm the Charter.

9. Bond

   1. For a private charter of the vessel, you may be required to pay a refundable security bond at the time of booking for any damage cost to the vessel by your guests.
   2. All boats do not require a security bond to be paid. If there is an issue about paying bonds, please discuss with our charter consultant and we may be able to recommend a boat that does not require a bond.
   3. Our charter consultant will advise you whether you may be required to pay a security bond for your desired vessel(s),  if  it is specified by the boat owner. This will be indicated on your invoice.The boat owner will advise you of any damage cost to the vessel prior to your group disembarking the vessel. The boat owners decision in regards to the cost of the rectification is final. 
   4. Flagship Charters as an agent will deduct the cost of repairs from the bond paid toward the charter.If there is no damage to the vessel, your bond will be refunded within 7 working days after the charter cruise date.

10. Confirmation of Charter bookings

    1. A Charter will be confirmed on receipt of the deposit specified in the quotation, which acknowledges your acceptance of these Terms and Conditions.
    2. All bookings made within 14 days of booking date require full payment at the time of booking.

11. Final confirmation of Charter details

    1. Final guest numbers and final payment is required 14 days prior to the Charter unless otherwise agreed. Catering charges are based on the minimum guest number.
    2. The guest numbers may increase if agreed by you and the Operator, however all charges are based on the higher of the minimum guest number and the actual number of guests.

12. Method & timing of payments

    1. You must pay the Charter price in full at least 14 business days prior to the date of Charter, otherwise the Operator will not operate the Charter.
    2. Payment must be made by credit card (surcharge applies), electronic funds transfer or (subject to prior written agreement) company cheque.
    3. No refund will be given if the actual number of guests is less than the minimum guest number.

13. Cancellation policy

    1. If you cancel the Charter at any time, you must pay the cancellation fee specified below and we and the Operator areentitled to retain the Cancellation fee. Where the Cancellation fee is greater than the Deposit, you must immediately pay us the difference between the Cancellation fee and the Deposit.

       Minimum notice required (before date of Charter)	Cancellation fee
       Prior to 90 days	The Deposit as specified in the proposal
       90 – 60 days	30% of total Charter price (non-refundable)
       60 – 30 days	50% of total Charter price (non-refundable)
       Within 30 days	100% of total Charter price (non-refundable)

    2. If we or the Operator cancels the Charter, a full refund will be given and we and the Operator will have no further liability to you for such cancellation.

14. Inclement weather

    1. If the Charter is postponed by the Operator due to unsafe conditions (including due to a weather warning issued by the Bureau of Meteorology for the area of operation of the Charter, or other conditions considered unsafe by the Captain of the Vessel) then it will be rescheduled for the next available date suitable to both you and the Operator.
    2. The decision to postpone a Charter is at the sole discretion of us and the Operator, and we and the Operator have no liability to you for such cancellation.

15. Operator’s responsibility

    1. The Operator will nominate appropriately qualified person(s) to be in charge of the Charter and the Vessel for the duration of the Charter, referred to in Terms and Conditions as the Captain and the Cruise Director.

16. Duration of Charter

    1. The duration of the Charter includes the time taken to embark and disembark members of your Group. This is limited to one point of embarkation and one point of disembarkation unless otherwise agreed in writing.
    2. The Operator is not responsible for any delays caused by the late arrival of members of your Group or delays at the wharf caused by crowds, the arrival of other vessels, ferries or any other item beyond the Operator’s control. The Operator is not responsible for delays at the point of disembarkation for reasons outside its control.
    3. The Operator reserves the right to berth 10 minutes prior to the scheduled time for disembarkation. If necessary, any music or other entertainment will cease at such time.
    4. All guests have 15 minutes to board and 15 minutes to disembark from the times stated in the booking confirmation, unless otherwise indicated on the cruise proposal for large vessel Charters.
    5. If the time taken for disembarking passengers takes longer than 20 minutes beyond the scheduled end of the Charter, you will be charged for this time pro rata to the Vessel charge as set out above in respect to Cruise Extensions. If the Captain is required to vacate the disembarkation point in order to let other vessels berth, this time will also be charged at the same rate.

17. Suitability of the Vessel

    1. It is your responsibility to inspect the nominated Vessel prior to the Charter to determine the Vessel’s suitability.
    2. You represent and warrant to us and the Operator that you are satisfied with the Vessel and the standard of services offered by the Operator to be provided in respect of the Charter.

18. Decoration & signage

    1. If the Operator agrees that you may decorate the Vessel, this must be done without the use of pins, adhesive tape, tacks or anything which will leave a mark on the Vessel. In such case, decorations will take place at a mutually agreed time.
    2. If the Vessel is damaged due to decorations, signage or anything else done by you to the Vessel, we may charge any amount for the damages to any credit card provided by you, or apply these charges against any bond provided by you.

19. Charter course/route

    1. The course to be undertaken during the Charter may be agreed in advance with the Operator or with the Captain. The Operator reserves the right, at its sole discretion or that of the Captain, to vary the agreed course because of weather, wave height, traffic, vessel survey restrictions, or any other cause which the Operator or the Captain believes is justified in the interests of the comfort or safety of passengers, crew, the Vessel and other vessels.
    2. You acknowledge that the Captain 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 with regard to the weather conditions and other activity on the water ways in which the Vessel operates.

20. Substitution of Vessel

    1. The Operator may substitute another vessel for the specified Vessel in the case of any unforeseen circumstances (including mechanical breakdown). In such cases, the Operator has no liability to you for such substitution provided that the substituted vessel satisfactorily meets the Charter particulars and provides the level of services as originally agreed.

21. Charter extension & additional charges

    1. If requested by you and then if agreed by the Cruise Director and the Captain in their absolute discretion, a Charter may be extended on the day of the Charter. You must pay for any extension based on the hourly rates as specified. You must also pay an additional hourly rate for any organized entertainment on a pro rata basis and for beverages per person on a pro rata basis (being the original price per person divided by the original number of hours for the Charter, multiplied by the number of hours or part hours by which the Charter is extended). This must be paid to the Operator by credit card prior to the conclusion of the Charter.
    2. The person providing credit card details must be on board the Charter to arrange payment for any additional charges. Any additional charges on the day of service are to be immediately charged to the credit card provided by you. This includes but is not limited to extensions of Charter, additional guests, additional services, pay-on-consumption beverages, waiting time for embarking and disembarking at wharves, water taxis and any other additional charges notified by the Operator.
    3. The person providing credit card details is responsible for all pay-on-consumption beverages, even if a guest was to have paid such amount.
    4. No post-payment is available for Charter extensions or other amounts due under this clause 21.

22. Damage to Vessels

    1. You are liable for any loss or damage to the Vessel, equipment or furnishings caused by you or any member of your Group, unless caused by the Operator’s negligence. If the Operator repairs any damage itself, you must pay the Operator the reasonable third-party costs of carrying out such repair.
    2. We may charge any amount for the damages refer to clause 22.1 to any credit card provided by you, or apply these charges against any bond provided by you.

23. Liability and indemnity

    1. You agree to indemnify and hold harmless us, the Operator, their 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 you or members of your Group including:
       1. Failure to follow any reasonable direction given by the Captain or crew;
       2. Failure to comply with any of these Terms and 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.
       7. Bringing any weapons including firearms onto the Vessel.

24. Swimming

    1. Swimming is only permitted in certain parts of the harbour or the Charter area with prior arrangement with explicit permission of the Captain, under his/her direction and supervision, whilst the Vessel is stationary. You must comply with all requests of the crew at all times.

    
    Scheduled Public Cruises Terms and Conditions

25. Payment

    1. At the time of booking a cruise, you must pay for it in full.
    2. Once booked and paid for, all cruise tickets may only be transferred at our discretion.
    3. Any requests to transfer a booking to another date or time must be made 72 hours prior to the cruise time, are subject to availability in the class and any promotional price of your booking and will incur a $10 transfer fee per person, each time a request is made.
    4. If in our discretion we agree to any transfers to a different class or promotional price, you must pay the difference between the original booked price and the price of any transferred booking. No agreement will arise between you and us until we have received payment at the time of booking in accordance with this clause.

26. Group bookings and cancellation policy:

    1. A group booking is any booking greater than 10 passengers (including adults and child). All group bookings need a 20% deposit at time of reservation to confirm your booking (except for special event cruises, including New Year’s Eve, Vivid Cruises, etc.). The balance payment is due 14 days prior to cruise. The following cancellation fees apply from there onwards.
       1. Prior to 14 days, deposit is forfeited.
       2. 14 days to 8 days prior to cruise date, 50% cancellation fee of the total cruise charges will apply.
       3. Less than 7 days, 100% cancellation fee of the total cruise charges will apply.

    
    Other General Terms

27. General liability provisions

    1. The Charters and cruises operate on busy waterways and are subject to the risks and perils of cruising on such waterways including loss, damage and injury arising out of or in connection with changing tidal and weather conditions and the navigation of other craft.
    2. To the extent permissible by law, we will not be responsible in tort, contract or otherwise for any loss or damage arising out of injury or death sustained by you or any other passenger, howsoever arising and whether or not arising as a result of our negligence or failure to render due care and skill. You enter into this agreement and book and travel on Charters or cruises at your own risk. If however any guarantees, terms, conditions or warranties are implied into this agreement by any law of the Commonwealth or New South Wales, the exclusion of which would contravene that law or cause part or all of this clause to be void, then to the extent permissible by law:
       1. We exclude all other guarantees, terms, conditions and warranties; and
       2. Our liability for breach of such guarantee, term, condition or warranty is limited to the supply of the relevant cruise again or the cost of re-supplying the cruise.
    3. It is a condition of these Terms and Conditions that any claim for loss or damage must be notified to us in writing within seven (7) days from the day the cruise, Charter or other relevant service finishes, and any court action, suit or proceeding must be brought no later than one (1) year from the same day. If you fail to comply with either of these conditions, we will be forever discharged from all claims, suits, actions and/or proceedings relating to or arising out of or in any way connected with the cruise and we will be discharged from all liability whatsoever, including any liability for negligence.
    4. It is a condition of the Charter that the liability of us, the Operator, its servants, agents, employees and subcontractors is agreed to be limited in accordance with the Limitation of Liabilities and Maritime Claims Act 1989 (Cth) and that any claim for loss or damage must be notified in writing within 7 days from the day of the Charter and any court action, suit or proceeding must be brought within 1 year of that date.
    5. We and the Operator accept no responsibility for loss or damage to goods brought on board and or left on the Vessel or the Operator’s premises prior to, during or after the Charter including clothing or personal items/belongings.
    6. Neither party is liable to the other party for consequential loss or damage.
    7. The Operator excludes all other guarantees, terms, conditions and warranties.
    8. The Operator’s liability for breach of such guarantee, term, condition or warranty is limited to the supply of the relevant Charter again or the cost of re-supplying the Charter.
    9. You are at all times responsible for the conduct of your Group
    10. There are inherent risks and dangers on board any vessel. All passengers participate in the Charter entirely at their own risk.
    11. All exclusions and limitations of liability in this clause 4 apply in respect of our services, and all services supplied by the Operator. We hold the benefit of this clause 4 (and all other exclusions and limitations of liability contained in these Terms and Conditions) on behalf of the Operator.
    12. Further to the other provisions of this clause 4, as we are an agent our liability under these Terms and Conditions is limited to the amount of commission earned by us.

28. Specific risks and liability

    1. Some of the tours, products and cruises the Operator operates may be considered dangerous and you should be aware of the risks involved before participating, which may include injury or death. Where the tours, products and cruises include activities that could be considered dangerous, you assume all of the inherent risks which are applicable to those activities. Certain medical conditions and medications may preclude you from participating in activities and you are responsible for confirming your ability to participate. You must use caution when participating in activities and inform us of any medical or other conditions.
    2. We contract and arrange for a third party Operator to provide the whole of the Charter and any other cruise and any related services to you. You must not bring any claims or actions against such third parties. If you bring such a claim or action in breach of this agreement, you agree to indemnify us and the person against whom the claim or action is made against the consequences of that claim or action. You agree that in entering into this agreement, we are acting as the agent of and trustee for each of our employees, officers, agents, Operator and subcontractors, and each of these persons is deemed to be a party to the contract for the purpose of entitling each of them to enforce, have the benefit of and rely upon these Terms and Conditions.

29. Miscellaneous terms

    1. All cruise fares are quoted in Australian Dollars and include Australian Goods and Services Tax (GST).
    2. You must not assign this contract without our prior written consent.
    3. This agreement is to be governed by and is to be construed in accordance with the laws in force in New South Wales. Any action, claim, suit or proceeding arising out of or connected in any way with this agreement or the cruise will only be brought in the Courts of New South Wales.
    4. If any of these provisions are unenforceable, this shall not affect the enforceability of any other part of the provision or any other provision. In the event of inconsistency between these Terms and Conditions and any other terms, these Terms and Conditions will prevail to the extent of the inconsistency. No waiver or variation of this agreement will have binding effect unless such waiver or agreement is in writing and signed by us.

    Responsible Service of Alcohol Guidelines

30. Responsible Service of Alcohol Policy applies

    1. Rowdy or unruly behaviour will not be tolerated. The Operator and the Vessel have a “Responsible Service of Alcohol Policy” that applies during all Charters and cruises. If behaviour falls outside the guidelines of this policy then the Cruise Director may, in conjunction with the Captain, do any of the following:
       1. Terminate the Charter by berthing the Vessel at the nearest safe location and disembarking the passengers.
       2. Summon the police to remove offending passengers.
       3. Negotiate with the Charterer to agree on some other course of action to resolve the issue.
    2. Any costs associated with the early termination of the Charter due to unruly or rowdy behaviour must be paid by the Charterer.
    3. You must not bring any alcohol or illegal substances onto the Vessel. We reserve the right to refuse you entry to the Vessel, or to require you to disembark from the Vessel, including due to your intoxication or for the safety of other passengers or the Vessel.
    4. The Operator is bound by the NSW Liquor Act and must abide by the guidelines for the Responsible Service of Alcohol. The Operator must refuse service of alcohol to both intoxicated persons and guests under the age of 18. The Operator may refuse service of alcohol to any individual in the Operator’s absolute discretion at any time. Intoxicated guests will not be permitted to board. The Vessel has the right not to serve shots or doubles under any circumstances.
    5. Whenever alcohol is served on a Vessel, substantial food must also be provided to satisfy the RSA obligations. Light snacks such as chips and nuts are not considered to be substantial food. The Operator has the right to refuse passengers boarding if sufficient food is not provided.

31. BYO Charters

    1. If the Operator has agreed that the relevant Charter is a BYO (“bring your own”) Charter and this is specified in the Charter Proposal, then you may bring beverages and/or catering (as the case may be) on board the Vessel.
    2. You may only use those parts of the Vessel approved by the cruise director. You may only use the galley and other food preparation areas if specified in the Charter proposal.
    3. The responsible service of alcohol policy is set out in clause 30 still applies to BYO Charters, and the Cruise Director or the Captain may take any steps set out in clause 30.1 to comply with these requirements.