Clearview Christmas Party Charter Package

Covid-19 Compliance

Our commitment to COVID-19 Safety

Our guests and crew are of utmost priority and we are implementing rigorous COVID-19 procedures for their safety, health, and hygiene on commencement of operation.

To help slow the spread of coronavirus we encourage our crew and all patrons to download the COVIDSAFE app. Patrons are advised not to cruise if they are feeling unwell, and to notify our crew if they feel unwell at any time during the cruise.

STAFF POLICY & TRAINING

Our team will be continually trained on our COVID-19 policy to ensure compliance to the Australian Government guidelines as they evolve. We will undertake pre-opening and on-going training for all team members.

Staff will be required to undertake mandatory temperature checks at the start of each shift.

CONDITIONS OF ENTRY

Staff and passengers will be denied entry if COVID-19 symptoms are evident.

CONTACTLESS CHECK-IN

Checking-in and exchanging a boarding pass at the ticket office no longer required.

CONTACTLESS BOARDING

You can proceed directly to the gangway and display your boarding pass (printed or digitally) to board the cruise.

There will be mandatory temperature checks for all guests at the boarding gangway.

Gangways will be marked to provide 1.5m distancing between groups.

SAFE DINING

We comply with NSW regulations for safe distancing.

Menus are included on your digital boarding pass to assist contactless ordering.

All crockery and cutlery are polished and placed on the table by staff wearing fresh single use gloves.

Seated table service only until restrictions no longer apply.

HAND SANITISER

Liquid hand sanitisers will be available at boarding and on-board the Vessels at multiple locations.

Sanitising wipes will be available on request.

ENHANCED CLEANING

We will undertake additional enhanced cleaning of the Vessel nightly, with a focus on high contact areas such as handrails, bars and bathrooms.

CONTACTLESS PAYMENT

Patrons are encouraged to use contactless payment for all on-board payments.

PASSENGER RESPONSIBILITY

If you have any of the COVID-19 symptoms you are strictly not allowed to board the Vessel. If we become aware of a passenger showing COVID-19 symptoms we have the right to refuse entry.

It is your responsibility to ensure that you are medically fit to undertake the cruise.

If you are feeling unwell at any time prior to boarding please bring it to the attention of the Cruise Director.

If at any time during the cruise, if you or any of the guests within your group are feeling unwell it is extremely important that you bring this to the attention of the Cruise Director so we can facilitate medical assistance if required by contacting NSW Health or arranging an ambulance.

General Terms & Definitions

All cruise fares are displayed and quoted in Australian dollars and inclusive of Goods & Services Tax (GST).

Amendment or transfer fees may apply for change of date or amendments. Please refer to the relevant section.

Bag searches may be requested by the Captain or Cruise Director if deemed necessary for safety or any breach of compliance by bringing on board weapons, narcotics, or alcohol. If you resist, we reserve the right to contact the police in the interest of passenger safety.

Boarding pass is your document (email) showing cruise details and specific additional information associated with the booking.

Boat means the Operator’s boat.

Booking fees are generally additional charges associated with making a booking (we do not charge booking fees).

Captain means the duly qualified person in charge of the Vessel.

Charter is the exclusive private booking of a Vessel with or without catering and other services.

Charterer means you, being the client who has agreed to undertake the Charter.

Charter quote value is the amount the client has agreed to pay towards a Charter based on Minimum guaranteed number of guests indicated either on the Charter quote or the final invoice. The higher of the 2 values based on Minimum guaranteed number of guests will apply.

Children are aged 14 years and under. A child is not allowed to travel without being accompanied by an adult.

COVID-19 refers to the coronavirus disease, which has resulted in various lockdowns and caused the closure of cruises until the restrictions to operate are lifted.

COVID-19 period is 25 March – 23 September 2020

Customer means a person making a booking for a cruise or a Charter.

Credit card surcharge will apply if payments are made by a credit card. Percentage of surcharge will depend on the relevant card used.

Cruise director means the person nominated by the Operation in charge of delivering the cruise or Charter.

E-ticket is your document which shows cruise details and specific additional information associated with the booking.

Group means all the passengers in a booking over 10 people who will take part in the cruise.

Guest means any person either booked on or on board a scheduled cruise or Charter.

Minimum age of 18 years will apply for anyone to make a booking under their name. If you are under 18 years of age your booking must be made in the name of an accompanying adult.

Minimum guest number means the greater of any minimum number of guests specified on the Charter proposal or as agreed by us before the Charter.

Minimum guaranteed number of guests means final number of passengers confirmed for a group or a Charter booking, 7 days prior to the cruise.

No-show means a confirmed passenger or group who fails to board a Vessel prior to departure. In the case of a no-show, a no-show fee of 100% of the booking charge will apply, irrespective of the reason.

Operator means the owner or Operator of the Vessel.

Passenger means any person either booked on or on board a scheduled cruise or Charter.

Scheduled cruises are cruises operated either on a daily or regular basis.

Special event cruises are New Year’s Eve cruises, Australia Day cruises, Valentine’s Day cruises, Vivid Sydney cruises, Christmas Day cruises, Boxing Day cruises, or any other cruises as indicated on our website which may change from time to time.

Tax invoice is the document which shows the value of the cruise.

Third-party is an Operator of a Vessel or a cruise not directly owned by Australian Cruise Group.

Vessel means the Operator’s Vessel or Vessels.

Cruise Operation

We reserve the right, at our sole discretion or that of the Operator or Captain, to vary the agreed course because of weather, wave height, traffic, Vessel survey restrictions, or any other cause which the Operator or the Captain believes is justified in the interests of the comfort or safety of passengers, crew, the Vessel and other Vessels.

You acknowledge that the Captain has the sole discretion at all times to take whatever 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 on the waterways in which the Vessel operates.

Safety

Safety is of paramount importance. You must follow the instructions and directions of the Captain, Cruise Director and crew (management on board) at all times.

Wherever possible you must take reasonable precautions to ensure the safety of yourself and others in your care (particularly children).

You must always use the hand and guardrails whilst moving around the Vessels for safety reasons.

You must always wear comfortable and appropriate shoes, suitable for a boat.

Responsible Service Of Alcohol (RSA)

We are bound by the NSW Liquor Act and must abide by the guidelines for the responsible service of alcohol during all cruise operations.

We have the absolute discretion to refuse entry to any intoxicated passenger at boarding.

We also have the right to request disembarkation from the Vessel due to intoxication or for the safety of other passengers.

We will refuse service of alcohol to intoxicated patrons.

We will refuse service of alcohol to all guests below 18 years of age. You may be required to provide proof of age either at boarding or at any time during the cruise if requested by crew.

We may refuse service of alcohol to any individual in our absolute discretion at any time.

We do not serve shots or doubles under any circumstances.

You must not bring any illegal substance onto the Vessel.

Rowdy or unruly behaviour of any patrons will not be tolerated. If the behaviour falls outside socially accepted standards, then we and our representatives (Captain or Cruise Director) may do any of the following: (under such circumstance refunds will not apply)

• Request you to disembark the Vessel at the nearest safe wharf
• Terminate the Charter by birthing the Vessel at the nearest safe location and disembark either you, a group, or all passengers
• Summons the police to remove any offending passengers

BYO CHARTERS

If the Operator has agreed that the relevant Charter is a BYO (“bring your own”) Charter and this is specified in the Charter proposal, then you may bring beverages and/or catering (as the case may be) on board the Vessel.

You may only use those parts of the Vessel approved by the Cruise Director. You may only use the galley and other food preparation areas if specified in the Charter proposal.

The responsible service of alcohol policy set out above still applies to BYO Charters, and the Cruise Director or the Captain may take any steps set out above to comply with these requirements.

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 passengers boarding if sufficient food is not provided.

Scheduled Daily Cruises

INDIVIDUAL BOOKINGS

Individual bookings are all bookings up to 10 passengers.

You have the option to make a tentative booking with no deposit, however the booking is not confirmed until either a 10% deposit or full payment is received. Your tentative booking will automatically be cancelled from the booking system after 7 days from the tentative booking date if a deposit is not received.

CHANGE OF CRUISE DATE (BOOKING TRANSFER)

Once booked and paid for, all cruise tickets may only be transferred at our discretion. If we agree to any transfers to a different class or promotional price, you must pay the difference between the original booked price and the price of any transferred booking. No agreement will arise between you and us until we have received payment at the time of booking in accordance with this clause.

Any request to transfer a booking to another date must be made in writing 72 hours prior to the cruise date. Such transfer of bookings is subject to availability of seats at the same price for the new cruise date. If the price is higher for the new cruise date, you will be required to pay the difference in addition to the minimum transfer fee.

A minimum transfer fee of $10 per person applies to all cruise bookings. Transfer fee will vary for special event cruises, please check your ticket.

PAYMENT POLICY

If your cruise date is less than 14 days ahead of the booking date you will be required to pay in full to confirm your booking.

If your cruise date is more than 14 days ahead of the booking date you are able to pay a 10% deposit to confirm your booking and pay the balance 7 days prior to the cruise date.

CANCELLATION POLICY

All requests for cancellation must be sent in writing to iCare@australiancruisegroup.com.au.

No cancellation charges apply for individual bookings cancelled more than 7 days prior to the cruise.

You are able to cancel a booking up to 48 hours prior to the cruise date and receive a cruise credit to be used within 6 months. A cancellation fee of $20 per person will apply.

No cancellations are accepted within 48 hours prior to cruise. Cancellations within 48 hours prior to the cruise date are 100% non-refundable, irrespective of the cancellation reason.

This policy does not apply to special event cruises.

Guests who booked via online travel agents, or any other travel distribution partner, are advised to contact their booking provider for any cancellation or amendment request.

GROUP BOOKINGS

Group bookings are all bookings more than 10 passengers.

You have the option to make a tentative booking with no deposit, however the booking is not confirmed until either a 10% deposit or full payment is received. Your tentative booking will automatically be cancelled from the booking system after 7 days from the tentative booking date if a deposit is not received.

The customer must confirm the final number of guests and make payment for the group 7 days prior to cruise date.

CHANGE OF CRUISE DATE (BOOKING TRANSFER)

Once booked and paid for, all cruise tickets may only be transferred at our discretion. If we agree to any transfers to a different class or promotional price, you must pay the difference between the original booked price and the price of any transferred booking. No agreement will arise between you and us until we have received payment at the time of booking in accordance with this clause.

Any request to transfer a booking to another date must be made in writing 72 hours prior to the cruise date. Such transfer of bookings is subject to availability of seats at the same price for the new cruise date. If the price is higher for the new cruise date, you will be required to pay the difference in addition to the minimum transfer fee.

A minimum transfer fee of $10 per person applies to all group bookings.

PAYMENT POLICY

If your cruise date is up to 14 days ahead of the booking date you will be required to pay in full to confirm your booking.

If your cruise date is more than 15 days ahead of the booking date you are able to pay a 10% deposit to confirm your booking and pay the balance 10 days prior to the cruise date.

CANCELLATION POLICY

All requests for cancellation must be sent in writing to iCare@australiancruisegroup.com.au.

A cancellation charge of $20 per person applies for group bookings cancelled more than 14 days prior to cruise.

Full cancellation within 14 days will incur a cancellation charge of 50% of the total booking value.

Cancellation within 48 hours will incur a cancellation charge of 100% of the total booking value.

This policy does not apply to special event cruises.

Special Event Cruises

We operate the following special event cruises:

NEW YEAR’S EVE CRUISES

You have the option to make a tentative booking with no deposit, however the booking is not confirmed until either a deposit of $200 per person or full payment is received. Your tentative booking will automatically be cancelled from the booking system after 7 days from the tentative booking date if a deposit is not received.

PAYMENT POLICY

If your cruise date is up to 30 days ahead of the booking date (bookings made after 1 December) you will be required to pay in full to confirm your booking.

If your cruise date is more than 31 days ahead of the booking date you are able to pay a non-refundable deposit of $200 per person to confirm your booking and pay the balance 30 days prior to the cruise date.

CHANGE OF CRUISE DATE (BOOKING TRANSFER)

Date changes are not permitted for all New Year’s Eve cruises.

CANCELLATION POLICY

New Year’s Eve cruises are 100% non-refundable from 1 December, 30 days prior to cruise date.

Cruises cancelled prior to this date will have their deposits are forfeited.

FIREWORKS DISPLAY CONDITIONS

Since 1999, our guests have always enjoyed price views of the fireworks display from the exclusion zone assigned for cruise boats by NSW Roads and Maritime. Your Captain will make every effort to position the Vessel for optimum viewing of the fireworks display. The exact location of the Vessel cannot be guaranteed due to the heavy traffic and congestion on the harbour or due to any prevailing wind conditions.

Since 1999, the annual Sydney fireworks display has been organised by the City of Sydney with no disruption. By purchasing this ticket, you acknowledge that if the fireworks are cancelled for any unforeseen reason, there will be no partial or full refund offered by Australian Cruise Group.

OTHER SPECIAL EVENT CRUISES

(Australia Day cruises, Valentine’s Day cruises, Vivid Sydney cruises, Christmas Day cruises, Boxing Day cruises, or any other cruise)

You have the option to make a tentative booking with no deposit, however the booking is not confirmed until either a 10% deposit or full payment is received. Your tentative booking will automatically be cancelled from the booking system after 7 days from the tentative booking date if a deposit is not received. For confirmed special event cruises, final guest numbers and final payment must be received 7 days prior to the cruise date.

PAYMENT POLICY

If your cruise date is up to 14 days ahead of the booking date you will be required to pay in full to confirm your booking.

If your cruise date is more than 15 days ahead of the booking date you are able to pay a deposit to confirm your booking and pay the balance 10 days prior to the cruise date.

CHANGE OF CRUISE DATE (BOOKING TRANSFER)

For all cruise date change requests made in writing more than 72 hours prior to the special event cruise date (excluding New Year’s Eve cruises), we will offer you a cruise credit, to be used within 6 months of the original cruise date.

Cruise credit will be the booking value less the minimum per person transfer fee.

A minimum transfer fee of $20 per person applies to all special event cruise bookings.

CANCELLATION POLICY

All requests for cancellation must be sent in writing to iCare@australiancruisegroup.com.au.

Cancellation more than 72 hours prior to the cruise will incur a cancellation charge of 50% of the total booking value, to be issued as cruise credit to be used within 6 months of the original cruise date.

Cruise credit will be the booking value less the 50% cancellation fee.

Cancellation less than 72 hours prior to the cruise will incur a cancellation charge of 100% of the total booking value.

FIREWORKS DISPLAY CONDITIONS

AUSTRALIA DAY

Australia Day fireworks are organised by the NSW government or its subsidiary. For any reason if the fireworks are cancelled which is beyond our control, no full or partial refund of the ticket will be offered.

OTHER EVENTS

Fireworks on Sydney Harbour are organised by the NSW government or its subsidiary. For any reason if the fireworks are cancelled which is beyond our control, no full or partial refund of the ticket will be offered.

Third Party Bookings

(cruises operated by an Operator other than Australian Cruise Group)

CHANGE OF CRUISE DATE (BOOKING TRANSFER)

Change of cruise date may be permissible in some instances. Please refer to your ticket for the transfer policy.

PAYMENT POLICY

100% payment is required to confirm all third-party bookings.

CANCELLATION POLICY

For all cruise bookings not owned and operated by Australian Cruise Group (third-party bookings) please refer to your ticket for the cancellation policy. Cancellation policy will vary from Operator to Operator.

In addition to owning and operating our own fleet of Vessels, in some instances we act as an agent and a Charter booking agency. We receive all payments on behalf of the Operator as their agent. We earn a commission based on a proportion of any Charter fee, together with any other volume rebates supplied by the Operator.

Our responsibility is limited to the service we provide, that is booking Charters and cruises. The Operator is solely responsible for delivering the Charter and/or cruise.

Gift Certificates

Gift certificates cannot be redeemed within 7 days of date of purchase.

Gift certificates purchased on or after 1 November 2019 are redeemable for at least three years after the day they were supplied or purchased (ACCC Compliance).

The entire value of the gift certificate (by product) must be used towards one booking or forfeited (we do not offer part credit).

If you have purchased a gift certificate by dollar value, the entire value of the gift certificate must be used towards one booking or forfeited (we do not offer part credit).

Payment in full is required for the purchase of gift certificates.

Gift certificates are non-refundable.

Gift certificates cannot be combined with any other offer.

Private Charter & Function Cruises

CHARTER PROPOSAL & QUOTATIONS

Charter proposals and quotations are presented to you based on your discussion with our Charter consultant or based on email, online or other enquiries. A Charter proposal and quote are only valid for 14 days from the date or otherwise as advised on the proposal and subject to availability of the Vessel at the time of confirmation.

The Charter is supplied subject to these Terms and Conditions provided to you with a Charter proposal and quotation.

Payment of the deposit in accordance with the Charter Proposal/cruise quotation/confirmed booking (invoice) constitutes your acceptance of the Terms and Conditions.

If there is any inconsistency between the Charter Proposal and these terms, the Charter Proposal will prevail to the extent of the inconsistency.

PRICING

The Charter price includes the cost of the Vessel, crew, and all other costs including food and beverage costs and related to operations of the Charter such as fuel, docking and navigation route charges. The pricing in this Charter Proposal is based on the minimum guest number confirmed by you. The full Charter price based on the minimum guest number will apply, even if the actual number of guests is less.

The Charter price is based on the day and the season of the booking. If you request a change to the date, the duration of or inclusions in the Charter and the Operator in its absolute discretion agrees to such changes, we will notify you of any changes to pricing (including due to any change of the day or the season on which the Charter will operate). You must pay the amended price. Any change of date is subject to availability of the Vessel and at the absolute discretion of the Operator.

TENTATIVE RESERVATION

Tentative reservations may be held for up to 7 days pending payment of a deposit, or until another party wants to book the same Vessel, whichever is sooner. The booking is not secured until a deposit has been received by us.

DEPOSIT & PAYMENT SCHEDULE FOR CHARTER CONFIRMATION

You will be required to pay a deposit to confirm a Charter for your desired date of cruise.

DAMAGE TO VESSELS

You are liable for any loss or damage to the Vessel, equipment or furnishings caused by you or any member of your Group, unless caused by the Operator’s negligence. If the Operator repairs any damage itself, you must pay the Operator the reasonable third-party costs of carrying out such repair.

We may charge any amount for the damages to any credit card provided by you or apply these charges against any bond provided by you.

BOND

For a private Charter of the Vessel, you may be required to pay a refundable security bond at the time of booking for any damage cost to the Vessel by your guests.

All boats do not require a security bond to be paid. If there is an issue about paying bonds, please discuss with our Charter consultant and we may be able to recommend a boat that does not require a bond.

Our Charter consultant will advise you whether you may be required to pay a security bond for your desired Vessel(s) if it is specified by the boat owner. This will be indicated on your invoice. The boat owner will advise you of any damage cost to the Vessel prior to your group disembarking the Vessel. The boat owner’s decision in regard to the cost of the rectification is final.

The Operator can deduct the cost of repairs from the bond paid toward the Charter. If there is no damage to the Vessel, your bond will be refunded within 7 working days after the Charter cruise date.

CONFIRMATION OF CHARTER BOOKINGS

A Charter will be confirmed on receipt of the deposit specified in the quotation, which acknowledges your acceptance of these Terms and Conditions.

All bookings made within 14 days of booking date require full payment at the time of booking.

FINAL CONFIRMATION OF CHARTER DETAILS

Final guest numbers and final payment is required 14 days prior to the Charter unless otherwise agreed. Catering charges are based on the minimum guest number.

The guest numbers may increase if agreed by you and the Operator, however all charges are based on the higher of the minimum guest number and the actual number of guests.

METHOD & TIMING OF PAYMENTS

You must pay the Charter price in full – funds cleared in our account – at least 14 business days prior to the date of Charter, otherwise the Operator will not operate the Charter.

Credit will not be offered for any Charter cruises under any circumstances.

Payment must be made by credit card (surcharge applies), electronic funds transfer or (subject to prior written agreement) company cheque.

No refund will be given if the actual number of guests is less than the minimum guest number who board the Charter, irrespective of the reason.

INCLEMENT WEATHER

If the Charter is postponed by the Operator due to unsafe conditions (including due to a weather warning issued by the Bureau of Meteorology for the area of operation of the Charter, or other conditions considered unsafe by the Captain of the Vessel) then it will be rescheduled for the next available date suitable to both you and the Operator.

The decision to postpone a Charter is at the sole discretion of us and the Operator, and we and the Operator have no liability to you for such cancellation.

OPERATOR’S RESPONSIBILITY

The Operator will nominate appropriately qualified person(s) to be in charge of the Charter and the Vessel for the duration of the Charter, referred to in Terms and Conditions as the Captain and the Cruise Director.

DURATION OF CHARTER

The duration of the Charter includes the time taken to embark and disembark members of your Group. This is limited to one point of embarkation and one point of disembarkation unless otherwise agreed in writing.

The Operator is not responsible for any delays caused by the late arrival of members of your Group or delays at the wharf caused by crowds, the arrival of other Vessels, ferries, or any other item beyond the Operator’s control. The Operator is not responsible for delays at the point of disembarkation for reasons outside its control.

The Operator reserves the right to berth 10 minutes prior to the scheduled time for disembarkation. If necessary, any music or other entertainment will cease at such time.

All guests have 15 minutes to board and 15 minutes to disembark from the times stated in the booking confirmation, unless otherwise indicated on the cruise proposal for large Vessel Charters.

If the time taken for disembarking passengers takes longer than 20 minutes beyond the scheduled end of the Charter, you will be charged for this time pro rata to the Vessel charge as set out above in respect to Cruise Extensions. If the Captain is required to vacate the disembarkation point to let other Vessels berth, this time will also be charged at the same rate.

SUITABILITY OF THE VESSEL

It is your responsibility to inspect the nominated Vessel prior to the Charter to determine the Vessel’s suitability.

You represent and warrant to us and the Operator that you are satisfied with the Vessel and the standard of services offered by the Operator to be provided in respect of the Charter.

DECORATION & SIGNAGE

If the Operator agrees that you may decorate the Vessel, this must be done without the use of pins, adhesive tape, tacks, or anything which will leave a mark on the Vessel. In such case, decorations will take place at a mutually agreed time.

If the Vessel is damaged due to decorations, signage or anything else done by you to the Vessel, we may charge any amount for the damages to any credit card provided by you, or apply these charges against any bond provided by you.

CHARTER COURSE/ROUTE

The course to be undertaken during the Charter may be agreed in advance with the Operator or with the Captain. The Operator reserves the right, at its sole discretion or that of the Captain, to vary the agreed course because of weather, wave height, traffic, Vessel survey restrictions, or any other cause which the Operator or the Captain believes is justified in the interests of the comfort or safety of passengers, crew, the Vessel and other Vessels.

You acknowledge that the Captain has the sole discretion at all times to take whatever 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 on the waterways in which the Vessel operates.

SUBSTITUTION OF VESSEL

The Operator may substitute another Vessel for the specified Vessel in the case of any unforeseen circumstances (including mechanical breakdown). In such cases, the Operator has no liability to you for such substitution provided that the substituted Vessel satisfactorily meets the Charter particulars and provides the level of services as originally agreed.

CHARTER EXTENSION & ADDITIONAL CHARGES

Any additional charges on the day of service are to be immediately charged to the credit card provided by you. 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 the Operator.

If requested by you and then if agreed by the Cruise Director and the Captain in their absolute discretion, a Charter may be extended on the day of the Charter with Management consent.

We will advise you the additional cost of extension for you to decide whether to proceed with the extension.

Extension must be discussed and arranged a minimum 2 hours prior to the conclusion of the cruise.

Prior to extension you are required to pay for the additional cost of extension by credit card on board. The person providing credit card details must be on board the Charter to arrange payment for any additional charges.

The person providing credit card details is responsible for all payments on-consumption of any service including beverages, water taxi etc. The Cruise Director will present the final invoice and this account must be settled prior to disembarkation.

No post-payment is available for Charter extensions or other amounts due.

LIABILITY AND INDEMNITY

You agree to indemnify and hold harmless us, the Operator, their agents and employees, 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 you or members of your Group including:

• Failure to follow any reasonable direction given by the Captain or crew
• Failure to comply with any of these Terms and Conditions
• Failure to comply with any warning sign
• Unreasonable or unsafe behaviour
• Wilful misuse of the equipment or facilities of the Vessel
• Intoxication or the use of prohibited drugs
• Bringing any weapons including firearms onto the Vessel

SWIMMING

Swimming is only permitted in certain parts of the harbour or the Charter area with prior arrangement with explicit permission of the Captain, under his/her direction and supervision, whilst the Vessel is stationary. You must comply with all requests of the crew at all times.

All requests for swimming during the course of a Charter must be in received by us in writing, 7 days prior to the Charter.

Please note swimming is not recommended on Sydney Harbour and all Vessels are not ideally suited for swimming. Guests undertake any swimming activity at their own risk. We will not be liable for death or any other injuries.

CANCELLATION POLICY

All requests for cancellation must be sent in writing to iCare@australiancruisegroup.com.au.

If you cancel the Charter at any time, you must pay the cancellation fee specified below and we and the Operator are entitled to retain the Cancellation fee. Where the Cancellation fee is greater than the Deposit, you must immediately pay us the difference between the Cancellation fee and the Deposit.

If we or the Operator cancels the Charter, a full refund will be given, and we and the Operator will have no further liability to you for such cancellation.

General Liability Provisions

The Charters and cruises operate on busy waterways and are subject to the risks and perils of cruising on such waterways including loss, damage and injury arising out of or in connection with changing tidal and weather conditions and the navigation of other craft.

To the extent permissible by law, we will not be responsible in tort, contract or otherwise for any loss or damage arising out of injury or death sustained by you or any other passenger, howsoever arising and whether or not arising as a result of our negligence or failure to render due care and skill. You enter into this agreement and book and travel on Charters or cruises at your own risk. If however any guarantees, terms, conditions or warranties are implied into this agreement by any law of the Commonwealth or New South Wales, the exclusion of which would contravene that law or cause part or all of this clause to be void, then to the extent permissible by law:

• We exclude all other guarantees, terms, conditions, and warranties; and
• Our liability for breach of such guarantee, term, condition, or warranty is limited to the supply of the relevant cruise again or the cost of re-supplying the cruise.

It is a condition of these Terms and Conditions that any claim for loss or damage must be notified to us in writing within 7 days from the day the cruise, Charter or other relevant service finishes, and any court action, suit or proceeding must be brought no later than 1 year from the same day. If you fail to comply with either of these conditions, we will be forever discharged from all claims, suits, actions and/or proceedings relating to or arising out of or in any way connected with the cruise and we will be discharged from all liability whatsoever, including any liability for negligence.

It is a condition of the Charter that the liability of us, the Operator, its servants, agents, employees and subcontractors is agreed to be limited in accordance with the Limitation of Liabilities and Maritime Claims Act 1989 (Cth) and that any claim for loss or damage must be notified in writing within 7 days from the day of the Charter and any court action, suit or proceeding must be brought within 1 year of that date.

We and the Operator accept no responsibility for loss or damage to goods brought on board and or left on the Vessel or the Operator’s premises prior to, during or after the Charter including clothing or personal items/belongings.

Neither party is liable to the other party for consequential loss or damage.

The Operator excludes all other guarantees, terms, conditions and warranties.

The Operator’s liability for breach of such guarantee, term, condition or warranty is limited to the supply of the relevant Charter again or the cost of re-supplying the Charter.

You are at all times responsible for the conduct of your Group

There are inherent risks and dangers on board any Vessel. All passengers participate in the Charter entirely at their own risk.

SPECIFIC RISKS AND LIABILITY

We contract and arrange for a third-party Operator to provide the whole of the Charter and any other cruise and any related services to you. You must not bring any claims or actions against such third parties. If you bring such a claim or action in breach of this agreement, you agree to indemnify us and the person against whom the claim or action is made against the consequences of that claim or action. You agree that in entering into this agreement, we are acting as the agent of and trustee for each of our employees, officers, agents, Operator and subcontractors, and each of these persons is deemed to be a party to the contract for the purpose of entitling each of them to enforce, have the benefit of and rely upon these Terms and Conditions.

Some of the tours, products, and cruises we operate may be considered dangerous and you should be aware of the risks involved before participating, which may include injury or death. Where the tours, products and cruises include activities that could be considered dangerous, you assume all of the inherent risks which are applicable to those activities. Certain medical conditions and medications may preclude you from participating in activities and you are responsible for confirming your ability to participate. You must use caution when participating in activities and inform us of any medical or other conditions.

MISCELLANEOUS TERMS

This agreement is to be governed by and is to be construed in accordance with the laws in force in New South Wales. Any action, claim, suit or proceeding arising out of or connected in any way with this agreement or the cruise will only be brought in the Courts of New South Wales.

If any of these provisions are unenforceable, this shall not affect the enforceability of any other part of the provision or any other provision. In the event of inconsistency between these Terms and Conditions and any other terms, these Terms and Conditions will prevail to the extent of the inconsistency. No waiver or variation of this agreement will have binding effect unless such waiver or agreement is in writing and signed by us.