1. DEPOSIT
a. A 50% deposit is required at the time of booking to confirm charter.
2. FINAL PAYMENT
a. The balance of the charter fee is to be received as cleared funds no later than 14 days prior to the charter date
3. CANCELLATION
a. If the charter is cancelled in writing more than 30 days prior to the charter date, a full refund of monies will be made minus cancellation fee of $1500.
b. If the charter is cancelled within 30 days of the charter date 100% cancellation fee will apply.
ADDITIONAL COVID-19 CANCELLATION
In the event that, after booking your charter, Australian Government regulations are introduced that prevent you from completing your charter (for example, restrictions preventing gatherings of your agreed guest numbers), you will be given the opportunity to reschedule within 12 months of the original charter date based on availability and pricing.
4. BOND
a. A bond of $2,000 is to be paid prior to the charter date, which will be refunded within 7 days of the charter completion unless any of the following have occurred:
i. Loss of or damage to the vessel, its fittings, or equipment caused by the charterer or its guests or an unreasonable amount of excessive uncleanliness caused by guests of the charter
iii. Cost recovery of damages caused by the charterer, or its guests is not limited by the amount of the bond paid.
5. LIMIT OF LIABILITY
a. 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
6. INDEMNITY
a. The Charterer agrees to indemnify, and hold harmless, the Owner, its agents and employees, from and against any and all losses, claims, actions, costs (including legal costs), expenses, fees, damages and liabilities which the Owner may sustain or incur resulting from:
i. any negligent act by the Charterer or members of their group
ii. any damage, loss or theft of any property belonging to and charter guest arising of the charter
iii. any personal injury or death caused or contributed to by any negligent, reckless or wilful act or omission of the charterer.
b. The Owner agrees to indemnify, and hold harmless, the Charterer, its agents and employees, from and against any and all losses, claims, actions, costs (including legal costs), expenses, fees, damages and liabilities which the Owner may sustain or incur resulting from anything other than those listed above.
7. WEATHER
a. The owner is not responsible for the weather conditions and any adverse weather conditions do not give the charterer the right to terminate the charter. The Captain or the Owner will determine if the weather conditions are safe to operate the charter as planned.
8. SUITABILITY
a. It is acknowledge the Charterer is satisfied with the suitability of the vessel for the charter period.
9. SPECIAL CONDITIONS
a. Guests will be required to remove footwear on board
b. There is to be no smoking on the vessel
c. Cabins, including beds, are not available for use during day charters unless agreed in writing prior to the charter.
10. EXTENSION OF CHARTER
a. The Charter period may be extended by the Charterer at any time, including after the commencement of the Charter period, by agreement with the Broker. Any extension of the Charter period will be subject to the terms of this Agreement and the Charter Fee must be re-negotiated with the Broker to cover the extended period.
11. SAFETY – CAPTAINS AUTHORITY
a. The Charterer and charter guests will comply with all directions given by the Captain of the vessel
b. The Captain can terminate the Charter at any time and return to the point of embarkation if the Captain believes the safety of the vessel or passengers is at risk or the guests refuse to comply with the Captains directions
c. Maximum number of persons on board will not exceed those specified in the vessel’s license
d. Responsible service of alcohol regulations apply. Any charter guest intoxicated or appearing to be intoxicated may be refused service.
12. LIABILITY OF SIGNATORY
a. It is acknowledged the person signing this agreement signs on behalf of the Charter guests and is authorised to do so. This person will be held responsible for the Charter guests and payment of monies under this
agreement.
13. RESPONSIBILITY
a. The owner agrees to keep the vessel insured in accordance with maritime authority regulations.
14. GOVERNING LAW
a. This Agreement shall be governed by and construed in accordance with the law of Queensland and the parties submit to the exclusive jurisdiction of the Courts of that State
15. DEFINITIONS
a. AGREEMENT means this agreement between the owner and charterer
b. CAPTAIN means the master of the vessel which is subject to the charter
c. CHARTER means the provision of the vessel to charterer for period stated for the charter fee
d. BROKER means The Superyacht People
e. CHARTERER the person responsible for payment of the charter fee and charter guests on board
