Terms & Conditions AUS | Bucks Afloat

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Charter Terms & Conditions — Australia

This contract follows the standard contract of the Charter Boat Agents Association, in the interests of protecting the rights of all parties and based on the highest standards of ethical and environmental behaviour and co-operation. By paying your deposit you confirm you have read, understood, and agree to be bound by these Terms & Conditions, and will convey them to all members of your group.

1. Definitions	Bucks Afloat is the Agent. Charter means the cruise for which the Charterer is paying and the Operator is providing. Charterer means the client paying for the Charter. Charterer's Group means all passengers taking part. Master means the duly qualified person in charge of the Vessel. Operator means the owner or operator of the Vessel. Vessel means the Operator's vessel specified in the Schedule.
2. Quotations	Quotes are valid for 7 days only, after which they may be subject to price changes.
3. Right of Refusal	The Agent reserves the right to refuse bookings which contravene these Terms and Conditions. The Charterer must provide all necessary details to the Agent about the charter and the charterer's group.
4. Tentative Bookings	Tentative reservations will be held in good faith 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.
5. Confirmation	A Charter will be confirmed on receipt of the deposit and signed acceptance of these Terms and Conditions. All bookings made within 14 days of the Charter date require payment in full at the time of booking.
6. Deposit	The deposit payable will be 50% of the total estimated Charter fee unless otherwise specified in the quotation.
7. Final Payment	Final guest numbers and final payment are required 14 days prior to the Charter unless otherwise agreed. The final guest numbers specified at least 14 days prior will be deemed the minimum for catering charges. Guest numbers may increase after this time if agreed by the Agent/Operator, but cannot decrease. Any additional passengers on the day are charged accordingly.
8. Payment Methods	EFT, cash or credit card. Non-refundable card surcharges may apply.
9. Cancellations	Deposit is non-refundable unless original booking is secured by another client for the same date, time and value. If the deposit is returned, a management fee of $500 applies. —60+ days prior: Deposit non-refundable. —60–28 days prior: Deposit non-refundable. —28–14 days prior: Total monies paid are non-refundable. Consideration given to food, staff and boat costs incurred. —Less than 14 days prior: Full payment is non-refundable. —Operator cancellation: Full charter amount refunded or charter will rescheduled at their discretion. Please note — changing to a different boat (different name, size or style) is considered a cancellation. Maximum of one boat change per booking.
10. Additional Charges	Any additional charges on the day of service are to be immediately charged to the credit card provided by the client. This includes but is not limited to: extensions of Charter, additional guests, additional services, pay-on-consumption beverages, waiting time at wharves, water taxis and any other charges notified by the Operator.
11. Alcohol & Behaviour	The Operator is bound by the NSW Liquor Act and must abide by Responsible Service of Alcohol guidelines. Alcohol must be refused to intoxicated persons and guests under 18. Intoxicated guests will not be permitted to board. The Vessel has the right not to serve shots or doubles under any circumstances. Whenever alcohol is served, substantial food must be provided to satisfy RSA obligations — light snacks such as chips and nuts do not qualify. Guests are not permitted to carry liquor from the Vessel on disembarkation. Indecent behaviour on a licensed vessel is prohibited under the NSW Liquor Act. The charter will be terminated without refund in the event of unacceptable behaviour as determined by the crew. Nudity, prostitution and illicit drugs are prohibited on all licenced and unlicenced charters. Restricted Areas: Hiring of this vessel does not give access to cabins or restricted areas unless with permission of the captain or as specified in your charter contract.
12. Security Bond	The Charterer is required to pay a security bond as specified in the quotation. The bond may be applied to cover additional costs including but not limited to damage to the vessel, its equipment and fittings, additional services and excessive cleaning charges. The security bond or the balance thereof will be refunded within 72 business hours after the Charter.
13. Substitute Vessel	In the event of a mechanical problem, the Agent reserves the right to provide another vessel of similar style and capacity in order for the Charter to be completed.
14. Weather	All Charters will proceed regardless of weather conditions unless deemed unsafe by the Master on the day.
15. Charter Course	The course may be agreed in advance with the Operator or with the Master on the day. The Master has sole discretion at all times to take whatever action is necessary to protect the safety, welfare and good order of the vessel, its passengers and crew.
16. Embarkation	The Vessel will dock at the times stated on the booking confirmation. All guests have 15 minutes to board and 15 minutes to disembark. Excessive boarding or disembarkation times will be charged at a pro-rata hourly rate as specified by the Operator.
17. Charterer Responsibility	The Charterer is at all times responsible for the conduct of the Charterer's group.
18. Vessel Damage	The Charterer shall indemnify the Operator in respect of any loss or damage to the Vessel or its equipment or fittings howsoever caused by the Charterer's Group. Fair wear and tear excepted.
19. Limit of Liability	The liability of the Operator, its servants, agents, employees and subcontractors is limited in accordance with the Limitation of Liabilities and Maritime Claims Act 1989 (Cth). Any claim for loss or damage must be notified in writing within 7 days of the Charter, and any court action must be brought within 1 year of that date.
20. Indemnity	The Charterer agrees to indemnify and hold harmless the Operator and the Agent from any losses, claims, costs, damages and liabilities caused by any negligent act or omission by the Charterer or Charterer's Group, including: —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.
21. Risk Warning	There are inherent risks and dangers on board any vessel. All passengers participate in the Charter entirely at their own risk.
22. Swimming	Swimming is only permitted during daylight hours when the vessel is stationary and in the absolute discretion of the crew.
23. Jurisdiction	The laws of New South Wales govern this agreement and the parties agree to submit to the jurisdiction of the Courts of New South Wales in respect of any disputes arising between them.
24. Acceptance	By accepting the quotation and paying the deposit, the Charterer agrees to be bound by these Terms and Conditions. The Charterer acknowledges that he or she has read and understood these Terms and Conditions and has or will convey them to all members of the Charterer's Group.

By accepting the quotation and/or by paying the deposit, the Charterer agrees to be bound by these Terms & Conditions, and that they will convey these conditions to all members of their group.

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