Terms & Conditions
Agreement For Charter
In this agreement, unless the context otherwise indicates:
Charge means the charge we agree upon with you for the charter.
Charter means the provision of the vessel to you during the charter period for the charter fee. Any extensions are at the Master’s complete discretion and subject to availability.
Charter period means the period we agree to make the vessel available for your use pursuant to these terms and conditions.
Deposit means the sum specified by us for you to secure the charter, being 50% of the charter fee.
Disembarking means the departure of you and your guests, together with any property you brought onto the vessel, at the conclusion of the charter.
Embarking means the boarding of the vessel by you and your guests and the loading of any property you or your guests bring onto the vessel.
Guest means any person who embarks on the vessel with you.
I, We, Us, Our means Frolleka Pty Ltd ACN 162 69 45 91 trading as Ricochet Yachting.
Master means the master of the vessel that is the subject of the charter.
Vessel means the vessel we agree to charter to you or any other comparable vessel that we provide if the original vessel is unavailable.
You, Your means the person chartering the vessel.
Where you charter the vessel from us you will do so on the terms and conditions set out below.
1. TERMS & CONDITIONS
1.1 A deposit of 50% of the agreed amount of the charter is to be paid to the operator upon acceptance of the charter. This payment can be either by the following methods; cash, credit card or direct bank deposit. Note that merchant fees apply on all credit card charges.
1.2 The charter will be confirmed once payment has been received and only commence once full payment has been made.
1.3 The balance of the charter fee is to be paid, in full 14 days prior to the commencement of the agreed charter. This payment can be either by the following methods; cash, credit card or direct bank deposit.
1.4 Extra charges accumulated by the Charterer whilst on the agreed charter i.e. Bar or food etc. is to be paid for in cash or by credit card prior to departing the vessel at the completion of the charter.
1.5 Extending the agreed charter outside the agreed times is to be paid for in cash or by credit card prior to any extension of the charter taking place. Extra charges accumulated during this extension are to be paid for by cash or credit card prior to departing the vessel. Refer Clause 4.6.
1.6 A $50.00 p/h staff charge applies if 15 or more guests attend. A 20% surcharge is applicable on Public Holidays to the charter fee.
1.7 BYO Alcohol is permitted on request however no Sprits or Punch are allowed.
1.8 A $7.00 charge per person will apply for BYO catering and or Alcohol. The charge will allow the use of ice and of any catering equipment onboard.
2. LIMIT OF LIABILITY
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 Part VIII of the Navigation Amendments Act 1979.
3.1 If the Charterer cancels the charter more than 14 days prior to the agreed charter date – Deposit will be returned less a 20% administration fee if we are able to secure another booking for that date and time.
3.2 Less than 14 days prior to the agreed charter date – Loss of deposit. 7 – 3 days prior to the agreed charter date: loss of deposit, loss of catering and staff costs less than 3 days prior to the agreed charter dates: Loss of full payment
3.3 FORCE MAJEURE: In the event of a force majeure event including without limitation industrial action, unsuitable weather conditions, technical problems or other events beyond a party’s reasonable control, resulting in the cancellation of the Charter, the Operator will be free from liability for failing to provide a service and the Charterer will not be liable for any cancellation fees and will be entitled to a full refund of any amounts paid.
However, please note that force majeure due to weather conditions is only applicable when a cyclone or severe storm warning (wind speed over 40 knots) is issued by the bureau of meteorology and/or the master of the vessel judges the waters to be unsafe to be cruising.
4. DURATION OF THE CHARTER
4.1 The duration of the Charter includes the time taken to embark and disembark passengers.
4.2 The operator is not responsible for any delays caused by the late arrival of passengers or delays at the wharf caused by crowds or the arrival of other vessels or any other item beyond its control. The operator is similarly not responsible for any delays that may occur at the point of disembarkation.
4.3 The operator reserves the right to pull into the point of disembarkation up to ten (10) minutes prior to the scheduled time of disembarkation to allow for on-time disembarkation by the Charterer.
4.4 If disembarkation takes longer than fifteen (15) minutes beyond the scheduled end of charter, the Charterer will be charged for every thirty (30) minute period thereafter at the list rate of that vessel. If the Master is required to vacate the disembarkation point in order to allow other vessels to disembark then this time will also be charged at the same rate.
4.5 If the Charterer wishes to extend the duration of the Charter, during the charter, this extension will be at the sole discretion of the Master and licensee. Any decision to extend the charter shall be made 15 minutes prior to the completion of the cruise. Refer to Clause 1.5 above.
4.6 The Charterer before the end of the charter will pay for any such extension by credit card or cash.
5. SUITABILITY OF THE VESSEL
5.1 It is the responsibility of the Charterer to inspect the Vessel at some time prior to making the final payment, which is up to four (4) weeks prior to the agreed charter date.
5.2 Non-marking boat shoes are required. Light colours “soft sole shoes” are requested. Guests will be asked to remove unsuitable shoes for the duration of the charter.
The Sydney Harbour Authority and Waterways does not allow any item/s to be thrown over the side of the vessel. Bins are provided for the disposal of garbage on board the vessel. Garbage items also include serviettes, empty drink cans, seafood shells any plastics etc. Any fines imposed by the Authorities with respect to the items thrown over the side of the vessel by a member of the Charterer’s Group will be the responsibility of the Charterer.
Free standing decorations are allowed. Any decoration that requires pins, adhesives, tacks etc are not permitted.
8. CHARTER COURSE
The course to be undertaken during the Charter may be agreed in advance by the operator or with the Master on the occasion of the Charter. However, the Operator reserves the right, at its sole discretion or that of the Master, to vary the agreed course due to weather, other vessel traffic or any other cause which the Master believes is justified in the interests of the safety of the passengers and crew.
8.1 Generally, the vessel will be anchored for meals or part thereof.
Rowdy or unruly behaviour, for whatever reason, will not be tolerated. The vessel has a “Responsible Service of Alcohol Policy” that will be supported during the course of the Charter. If behaviour falls outside the guidelines of this policy then the Master may, in conjunction with the licensee, carry out the following:
9.1 Terminate the Charter by berthing the vessel at the nearest safe location and discharging the passengers.
9.2 Summons the Police to remove offending passengers.
9.3 Negotiate with the Charterer to agree on some other course of action to resolve the problem.
9.4 Any costs associated with the early termination of the Charter due to unruly or rowdy behaviour will be at the cost of the Charterer.
10. CABIN USE (where applicable)
Cabin use is not permitted, except for overnight & extended charters. If cabins are used outside the terms of agreed charter, then charges will apply. The toilets will be available for guest use.
11.1 Being on a vessel has inherent risks which include the following:
(a) loss or damage caused by the unexpected movement of the vessel; (b) exposure to weather conditions and rough seas
You accept these risks and will inform each of your guests of them.
11.2 You acknowledge that you travel on and use the vessel at your own risk. You release us from any claim that you might have against us arising from your use of the vessel including but not limited to personal injury or death or damage to or loss of property.
11.3 Any person who enters the water from the vessel does so at their own risk. The inherent risks in swimming in Harbour or other waters include the risk of drowning, attack by sea fauna, stings and lesions, cuts and scrapes (from sharp objects) and hypothermia. You must advise any person proposing to enter the water of these risks.
11.4 If we make available to you any recreational water craft or vehicles (such as a tender) you agree to use it only as directed and you acknowledge the risks involved in using it. Those risks include, in addition to the risks specified previously, muscular injury, propeller strike injury and injuries caused by collision with other vessels or caused by running aground the water craft or vehicle. You will compensate us for any damage caused to any watercraft or vehicle we make available for your use. The availability of the watercraft or vehicle will be at the discretion of the master.
11.5 You agree to indemnify us and keep us indemnified in respect of any claim made against us by you or any other person which arises out of the charter.
11.6 Where we cannot exclude our liability to a claim by you then our liability will be limited to supplying to you either an equivalent charter or the value of the charter.
11.7 You agree that the benefit of any release or indemnity given or extended by you in our favour under these terms and conditions will also apply to any employee, contractor or agent of ours.
12 Liability of the Person signing this agreement
Where the person signing this agreement signs on behalf of a company or as an officer of a company that person warrants to us that they are authorised to do so by the company and they agree that they will be personally liable for the payment of any monies under this agreement or for any loss we suffer as a consequence of entering into this agreement.