Terms and Condition – Booking A Cruise
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1. Interpretation: In these conditions the expression “the Carrier” means Sydney Harbour Party Cruises, its servants, agents and employees and any person or corporation with whom Sydney Harbour Party Cruises may have arranged to conduct the cruise. The expression “the charter/passenger” shall mean the charter/passenger and guests who are carried on the cruise.
2. Acceptance of Terms and Conditions: Payment of a deposit by the Charter/passenger indicates acceptance of these terms and conditions.
3. Accounts: Payment must be made in full at least 5 days prior to the cruise. All prices that are quoted include 10% GST. Please note that we accept direct deposit and bank cheque. Invoices will be made out based on the final confirmed numbers or the number boarding at pickup, whichever is greater, and if necessary adjusted and any additional monies will be required to be paid in cash immediately prior to boarding.
4. Cancellation Fees: The following cancellation fees will be payable in the event of cancellation of the cruise for any reason other than the default of the Carrier – 2 months or more: 20% of deposit, 1 – 2 months: 50% of deposit, 3 weeks or less: 100% of deposit.
5. Confirmation of Numbers: The charter shall provide to the Carrier at least 5 days prior to the commencement of the cruise, confirmation of the number of passengers participating in the cruise, however should the charter have cause to increase the numbers within this period, the Carrier will make every reasonable effort to accommodate the change.
6. Boarding Conditions: Intoxicated charter/passengers will be refused entry to the vessel. Late comers will be allowed to board the vessel on arrangement of water taxi transfer at the passengers cost, with the transfer point to be at the discretion of the Captain.
7. Bond: unless indicated otherwise and at the sole discretion of the carrier, a bond may be required as deposit against any potential damage. The bond does not imply a maximum liability whatsoever nor change any of the requirements for the Charter/passenger to indemnify the carrier as shown in the terms and conditions above.
8. Liquor Restrictions: The charter/passenger is not permitted to take on board the vessel any liquor and the charter/passenger acknowledges that the Carrier will not sell liquor on the vessel while the vessel is berthed. All bars will close at least 15 minutes prior to disembarkation. This condition is subject to variation by the Carrier. Charter/passengers must accompany any consumption of alcohol with food. If at any point guests are intoxicated, at the sole discretion of the carrier it may result in the immediate ejection of charter/passengers at the nearest wharf and water police may be called. The Carrier acknowledges and abides by the responsible service of alcohol laws.
9. School functions: The availability of alcohol is at the carrier’s discretion. Alcohol will only be served to those over 18 years and only if the majority of guests on board are over 18 (Proof of Age necessary). Extra security and over 18 ID validation mechanisms will be implemented to control alcohol consumption. No beverages can be brought onto the boat, with discretion bag searches and belongings may be inspected and any alcohol found will be confiscated.
10. Compliance with directions: The charter/passenger shall comply with any orders and instructions issued by the Carrier pursuant to these terms and conditions and with any terms of any notice exhibited on the ship and with the instructions of the Carrier and shall be responsible for any damage or loss occasioned by its failure to do so.
11. Passengers own risk: The Charter/passengers on the ship, their luggage, goods and personal items are carried entirely at their own risk and the Carrier accepts no responsibility for damage including death, injury, delay or loss of any nature arising out of incidental to the Cruise or any service ancillary to it (including transport of any passenger, luggage, goods and effects to and from any wharf or jetty and including any substituted method of carriage as otherwise provided in these terms), and the charter/passengers for themselves and their legal personal representatives renounce all claims against the Carrier in respect thereof whether same may be due or alleged to be due to negligence or misconduct on the part of the Carrier or not.
12. Photographs: In the event of any promotional photographs or video footage being taken on board the vessel, Sydney Harbour Party Cruises will also have the rights to use such images for promotions including brochures, websites etc. (unless agreed otherwise in writing between the parties).
13. Substitute Carrier: The Carrier reserves the right with / without reasonable notice to substitute any ship before the commencement of the cruise, to alter or omit an advertised stopping place and to commence the cruise before or after the commencement time advertised or announced for its departure. All these terms and conditions shall extend to carriage by any substitute ship.
14. Cancellation: The Carrier reserves the right at any time to cancel the cruise or vary the cruise for any reason and shall not under any circumstances be under any liability to the charter/passenger for failure to undertake the cruise at the scheduled time or at all. Unruly, drunken, illegal or dangerous behaviour may, at the sole discretion of the skipper, result in the immediate ejection of any and all passengers at the nearest permissible wharf area with no refund.
15. Statutory Rights: Nothing in these terms and conditions shall be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of goods and services or any of the provisions of Part V of the Trade Practices Act 1974 (as amended) or any relevant State or Territory statute which by law cannot be excluded, restricted or modified provided that to the extent that any such statute permits the Carrier to limit its liabilities to compensate or indemnify any person for such breach of a condition or warranty thereby implied, then the respective liabilities of the Carrier for any such breach shall be limited in the case of goods to the replacement of the goods or supply of equivalent goods and in the case of service to the resupply of those services.
16. Applicable Law: The conditions shall be governed by and construed in accordance with the laws of New South Wales and any proceedings against the Carrier shall be brought in that State.