1.Definitions
In these Terms and Conditions, the following terms have the following corresponding meaning:
Charter means the Vessel cruise for which the Charterer is paying and the Operator is providing.
Charterer means the client who is paying for the Charter.
Charterer’s Group means all the passengers who will take part in the Charter.
Master means person in charge of the Vessel whom the Operator has confirmed is duly qualified.
Operator means the owner or operator of the Vessel as specified in the Quotation provided to the Charterer by BoatNow.
Vessel means the Operator’s vessel or vessels specified in the Schedule.
2.Quotations
Quotes are valid for 48 hours and may be subject to Operator re-confirmation at the time the quote is confirmed by the Charterer.
3.Right of refusal
BoatNow reserves the right to refuse bookings which contravene these Terms and Conditions or for any other reasonable purpose including advice from the Operator. The Charterer must provide all necessary details to BoatNow about the Charter and the Charterer’s Group.
4.Tentative Bookings
Tentative reservations may be held in good faith for up to 48 hours pending payment of a Deposit or Final Payment (as applicable), or until another party wants to book the same Vessel, whichever is sooner. The booking is not secured until either a Deposit or Final Payment (as applicable) has been received by BoatNow.
5.Confirmation of Booking
A Charter will be confirmed on receipt of the Deposit or Final Payment (as applicable) specified in the Quotation and acceptance of these Terms and Conditions. All bookings made within 28 days of Charter date require payment in full at the time of booking.
6.Deposit
The deposit payable will be 50% of the Vessel Charter fee unless otherwise specified in the Quotation and will be based on the Charterer’s Group, which shall not be subsequently reduced.
7.Final Payment
Final payment is required 28 days prior to the Charter unless otherwise agreed. Final guest numbers for the purposes of catering only (if applicable) may be specified by the Charterer no less than 14 days prior to the Charter.
The Chaterer’s Group may be increased if agreed in writing by BoatNow and the Operator, however it may not be decreased. Any additional passengers on the day are charged accordingly.
8.Methods of payment
BoatNow only accepts debit or credit card payments at this time. Credit card surcharges may apply.
9.Cancellations
More than 60 days prior to date of Charter: Deposit will be refunded less a $500 management fee.
Between 60 to 28 days prior to date of Charter: Deposit is non-refundable.
Cancellations made 28 days prior to date of Charter: Total monies paid are not refundable.
Any additional charges on the day of service are to be immediately charged to the credit card provided by the Charterer. 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 BoatNow or Operator to the Charterer or Charterer’s Group.
The Operator is bound by various legislation in the jurisdiction in which it operates, including Responsible Service of Alcohol provisions. 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 Operator has the right not to serve shots or doubles under any circumstances. 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 guests boarding if sufficient food is not provided by the Charterer on to the Vessel.
Guests are not permitted to carry alcohol from the Vessel on disembarkation. Indecent behaviour on the Vessel is prohibited by various legislation in the jurisdiction in which the Operator operates and the Charter will be terminated in the event of unacceptable behaviour as reasonably determined by the Operator or the crew. If such circumstances occur, there will be no refunds or claims.
The Charterer is required to pay a security bond as specified in the Quotation. The security bond may be applied by the Operator to cover additional costs including but not limited to damage to the Vessel, its equipment and fittings, additional services, excessive cleaning charges and any other costs attributable to the Charterer’s Group. The security bond or the balance thereof will be refunded 7 days after the Charter.
In the event of a mechanical or other reasonable issue with the booked Vessel, BoatNow reserves the right to provide another vessel of similar style and capacity in order for the Charter to be completed.
The Charter will proceed regardless of weather conditions unless deemed unsafe by the Master of the Vessel.
The course to be undertaken during the Charter may be discussed in advance with the Operator or with the Master on the occasion of the Charter. The Charterer acknowledges that the Master has the sole discretion at all times to take whatever route and/or 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 during the cruise.
The Vessel will dock at the times stated on the booking confirmation. All guests have 15 minutes to board and 15 minutes to disembark from the times stated in the booking confirmation. Instructions provided by the Operator in regard to both embarkation and disembarkation are to be adhered to.
The Charterer is at all times responsible for the conduct of the Charterer’s Group.
The Charterer shall be liable for any loss or damage to the Vessel or its equipment or fittings howsoever caused by the Charterer’s Group. Fair wear and tear excepted.
It is a condition of the Charter that the liability of BoatNow, the Operator, its servants, agents, employees and subcontractors is agreed to be limited to the lesser of:
(i) that determined in accordance with the Limitation of Liabilities and Maritime Claims Act 1989 (Cth), and
(ii) in the case of BoatNow, its servants, agents, employees and subcontractors, one (1) times the fees paid to BoatNow in respect of the Charter.
Any claim pursuant to this clause must be lodged in writing to the other party within 7 days from the day of the Charter.
In no event shall BoatNow be responsible to the other party for consequential or indirect losses including but not limited to lost revenue, lost profits, increased costs, interruption or termination of service, or the like.
The liability of a party for loss or damage sustained by the other party shall be reduced proportionately to the extent such loss or damage was caused by the other party’s failure to comply with these Terms and/or that other party’s negligence contributing to such loss or damage.
The Charterer agrees to indemnify and hold harmless BoatNow, the Operator, their agents, employees and invitees, 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 including:
(i) Failure to follow any reasonable direction given by the Master or crew;
(ii) Failure to comply with any of these terms or conditions;
(iii) Failure to comply with any warning sign;
(iv) Unreasonable or unsafe behaviour;
(v) Wilful misuse of the equipment or facilities of the Vessel; or
(vi) Intoxication or the use of prohibited drugs.
There are inherent risks and dangers on board the Vessel and other vessels. All passengers participate in the Charter entirely at their own risk.
Swimming is only permitted during daylight hours when the Vessel is stationary and in the absolute discretion of the Master or crew.
The laws of New South Wales govern these Terms and Conditions and the parties agree to submit to the jurisdiction of the Courts of New South Wales in respect of any disputes arising between them.
By accepting the quotation and paying a Deposit or Final Payment (as applicable), the Charterer agrees to be bound by these Terms and Conditions. The Charterer acknowledges that it has read and understood these Terms and Conditions and has or will convey these conditions to all of the Charterer’s Group whose agreement is assumed prior to their participation in the Charter.
BoatNow occasionally reaches out to people in our community for permission to use their images, photographs, videos and other media, as well as associated material such their name, social media username, and other publicly available biographical material (content) in posts to our blog, Instagram, Twitter or videos uploaded to YouTube, and for advertising, marketing and other purposes, in our work, showing people first-hand what a BoatNow boat hire experience is like. We use this content to bring the experience to life, especially for people who have never had a social event aboard a boat.
We give credit to the photographer or videographer who takes these photos or videos where practical. We thank you for help in promoting the BoatNow on-water experiences, in order to encourage more people to try hosting their group or event on a BoatNow boat.
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