Terms & Conditions - Bareboat Charter
This is a legally binding obligation to release Sail4Me Pty Ltd (hereinafter referred to as “COMPANY”) from obligations, and to indemnify COMPANY against claims brought against it based upon use of the charter yacht (hereinafter referred to as “VESSEL”). The person hiring VESSEL hereinafter referred to as “HIRER”. This instrument affects important legal rights.
Release and Waiver of Claims
For valuable consideration, the receipt and sufficiency of which are hereby acknowledged HIRER does hereby remise, release, and forever discharge COMPANY, COMPANY’S agents, servants, successors, heirs, executors, administrators and personal representatives, of and from all, and all manner of, actions, causes of action, suits, proceedings, debts, dues, contracts, judgments, damages, claims, and demands whatsoever in law or equity, which HIRER ever had, now has, or which HIRER’s heirs, executors, administrators or personal representatives hereafter can, shall, or may have for or by reason of any matter, cause, or thing whatsoever arising out of this Agreement; out of the use (misuse, or abuse) of VESSEL; or in any way arising out of the rental relationship between HIRER and COMPANY.
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, HIRER hereby expressly agrees to indemnify and hold harmless COMPANY, COMPANY’s agents, servants, successors, heirs, executors, administrators and personal representatives against all suits, actions, claims, demands, or damages that arise out of HIRER’s use, misuse or abuse of VESSEL.
Assumption of Risk
HIRER acknowledges that the activities for which the Charter Vessel is designed include inherent dangers, including the risk of bodily injury and/or death. HIRER assumes and accepts all risks associated with the use of VESSEL.
COMPANY reserves the right to refuse service for showing rude or disrespectful behaviour to our staff. No refunds will be given.
Booking, holding deposit and balance payment
· Holding deposit of 25% from the charter price must be paid to complete a booking.
· Full balance of remaining charter price must be paid at least 14 days prior to the charter date. If full balance is not received timely, the booking will be cancelled and deposit paid forfeited.
· COMPANY will present VESSEL in good condition with all necessary gear and supplies of fuel, water and gas at the commencement of the charter at the agreed point of collection.
· HIRER and Nominated skipper shall agree to photocopy their ID documents and sign Charter Agreement prior to the departure or cancel the charter and forfeit any monies paid for the charter.
· COMPANY will convey pre-charter safety briefing with the nominated skipper prior to the commencement of the charter.
· COMPANY will assess nominated skipper competency in safe handling and navigating VESSEL. If, in the opinion of COMPANY, a nominated skipper is not suitably experienced to skipper VESSEL, HIRER shall agree that COMPANY will place on board an experienced guide (subject to availability) for up to 2 hours at additional price of $200 at HIRE's expense or HIRER is to cancel the charter and forfeit any monies paid for the charter.
· HIRER by accepting VESSEL thereby acknowledges that delivery has been duly made.
· HIRER shall be entitled to a pro rata refund of the charter fee for each 30 minutes delay in providing VESSEL or, if delay exceeds 2 hours, may request COMPANY to cancel the charter under “Charter cancellation by COMPANY” clause of refunds and cancellation policy below.
Refunds and cancellation policy
· Charter cancellation by HIRER.
o Reservations cancelled more than 4 weeks prior to the departure are fully refundable, incurring however $50 cancellation fee per booking;
o Reservations cancelled more than 2 weeks but less than 4 weeks prior to the departure are eligible for refund of 80% from the charter price ;
o Reservations cancelled more than 1 week but less than 2 weeks prior to the departure are eligible for refund of 50% from the charter price ;
o Reservations cancelled 1 week or less prior to the departure are not refundable;
· Charter cancellation by COMPANY
o In unlikely event of inability to provide VESSEL due circumstances beyond COMPANY’s control (including, but not limited to yacht loss, breakdown, late return, staff illness), COMPANY will cancel affected charter and fully refund HIRER costs of the booking. HIRER shall have no any claims in respect of any loss or consequential loss as result of such cancellation.
· Adverse weather.
o When the forecasted wind in the charter operation area is in excess of 20 knots or other weather conditions at COMPANY’s discretion are considered to be dangerous, COMPANY will close charter operation, cancel the affected booking and fully refund HIRER the costs of the booking. HIRER shall have no any claims in respect of any loss or consequential loss as the result of such cancellation.
o When the forecasted wind in the charter operation area is WITHIN 20 knots BUT the rainfall of more than 25mm on the charter day (UNFAVORABLE WEATHER CONDITIONS) is PREDICTED, it is HIRER'S choice whether to complete the affected charter or cancel it with not less than 24 hours notice and receive a credit note for the full amount paid for the charter towards another booking within 12 months from the date of the original charter – NO REFUNDS. The HIRER shall have no claims in respect of any loss or consequential loss as a result of such cancellation.
o For multiple day charters, adverse weather rules apply if UNFAVORABLE WEATHER CONDITIONS are PREDICTED for more than 30% of the charter duration.
o The weather considered as PREDICTED when the forecast with the probability of the event of 70% or higher issued 3 days or less prior to the departure and published on https://www.willyweather.com.au/nsw/sydney/pittwater--gibson-marina.html.
· Cancellation protection
Cancellation protection is an optional product allowing you to cancel your day charter or terminate your multiple day charter and receive full refund for unused days of your charter.
o Cancellation protection costs 10% of your charter price;
o Cancellation protection is non-refundable under any circumstances;
o Cancellation protection can only be purchased at the time of making the reservation and cannot be added or removed later;
o Cancellation protection is an integral part of the reservation and will be voided with the reservation, should the full cost of the charter not be paid timely.
o Cancellation notice must be given no later than at least 24 hours prior to the departure, any cancellations with notice less than 24 hours are non-refundable;
o Termination notice must be given no later than midday (12pm) on the day charter is requested to be terminated, the boat must be returned by 4pm on same day and this day is deemed to be used. The cost of the charter will be recalculated according to our current rates and the amount of used days of the charter.
o Refunds will be processed within 7 days of the cancellation or termination.
· HIRER shall lodge a security bond of $2000 prior to commencement of the charter or cancel the charter and forfeit any monies paid for the charter.
· Security bond is lodged by credit/debit card pre-authorised payment and normally released within 12 working days.
· If HIRER is reported to have disregarded “Obligation of HIRER” below, automatic forfeit of the security bond takes place.
Obligations of HIRER
· Be no less than 25 years old;
· Ensue that the skipper is no less than 25 years old and, if hiring a boat requiring a licence to operate, ensure the skipper holds the corresponding licence.
· Use VESSEL for private pleasure cruising and no other purpose;
· Be responsible for VESSEL at all times during the charter period;
· Be responsible at all times for the safety of any and all passengers in VESSEL;
· Appoint a skipper to ensure the responsible handling and navigation of VESSEL exercising all due reasonable care and skills at all times;
· Ensure the skipper is not under influence of liquor or drugs whilst VESSEL is underway;
· Ensure that no animals are carried on board of VESSEL at any time, the penalty of $500 applies;
· Ensure that no fire based devices/equipment other than stove, oven and BBQ provided by COMPANY is used on board of VESSEL at any time;
· Ensure that no any pyrotechnic is used on board of VESSEL at any time;
· Ensure that there is no smoking on board of VESSEL at any time;
· Not sail VESSEL outside the charter operation limits specified by COMPANY;
· Ensure that VESSEL is moored or anchored between one hour before sunset and sunrise;
· Ensure that communication protocols with COMPANY are obeyed;
· Not to bring VESSEL to dock at any location, except in the case of emergency;
· Always allow at least 1 metre of depth under the keel and never bring VESSEL ashore.
If at any time COMPANY determines that HIRER has engaged in an unsafe or hazardous use of VESSEL, COMPANY may board VESSEL, or otherwise notify HIRER that it is immediately terminating the rental. Upon termination, HIRER must return VESSEL to the designated area immediately. If the rental is terminated for unsafe or hazardous use, automatic forfeit of the security bond takes place. Company shall determine, in its sole discretion, whether any behaviour or activity is “unsafe or hazardous.”
Expenses during charter period
HIRER shall bear all running expenses of VESSEL during a charter period and pay:
· The cost of fuel;
· The costs of rescue and salvage;
· Any fines, penalties and costs imposed by any competent authority or court for any breach of law or contract committed by HIRER or a crew member during the charter period;
· Any charges imposed by any authority for the use of facilities under its control;
· Interest at the rate of 10% per annum is charged on any monies due to COMPANY pursuant to this agreement, which remain unpaid for more than seven days after demand has been made by COMPANY.
Insurance and damage
COMPANY shall insure VESSEL against usual marine risks within the cruising limits.
· Any excess in connection with the said policy may be debited by COMPANY against the security bond.
· HIRER will notify COMPANY whenever any damage or loss occurs as soon as practically possible. HIRER will not try to effect repairs beyond those necessary to avoid further damage to VESSEL or danger to the crew, without the consent of COMPANY. COMPANY shall take all reasonable steps to arrange any necessary repairs to VESSEL.
· Should VESSEL breakdown, become unseaworthy or a total loss, a pro rata refund of the charter costs will be made for the period until either VESSEL is repaired or charter period ends, whichever comes first, provided that HIRER or any crew member has not caused or contributed to that breakdown or loss. HIRER will not be entitled to any compensation in respect of any breakdown, loss or consequential loss to HIRER.
· HIRER shall return VESSEL to the designated area clean, free of garbage and debris, and in the same condition as it was in when given to HIRER, excepting ordinary wear and tear. The cleaning fee of $150 applies for unreasonably dirty condition of VESSEL upon return. The unblocking fee of $350 applies should the toilet become blocked during the charter. HIRER shall be responsible for any damage caused to VESSEL during the rental period. COMPANY shall retain any portion (or all) of HIRER’s security deposit as necessary to cover costs of cleaning or/and repairs for such damages. To the extent that damages to VESSEL exceed the amount of the security bond, HIRER shall be billed by Company for the full amount of damages caused by HIRER during the rental period.
· Late Return
If HIRER returns VESSEL to the designated area more than 30 minutes after the predetermined return date and time, company shall charge HIRER “Late Fees” at rate of $250 per hour by retaining any portion (or all) of HIRER’s security bond as necessary. To the extent that Late Fees exceed the amount of the security bond, HIRER shall be billed by Company for the full amount of “Late Fees”.
If late return occurs due to unforeseen out of HIRER’s control circumstances, such as sudden adverse weather, distress or critical breakdown of the charter vessel, making timely safely return impossible, “Late fees” might be voided. In order to void “Late Fees” such circumstances must be reported to COMPANY as soon as possible and return made as soon as practical in coordination with COMPANY.
· Early return
Should HIRER decide to interrupt the charter and return VESSEL early, the remaining part of the charter will be considered as cancelled and the standard cancellation policy will be applied.