In conjunction with the Party Boat Charter Terms & Conditions

By paying for a cruise you agree to Any Boat's terms and conditions set out below.Any Boat reserves the right to cancel Charters that are in breach of our terms and conditions.

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1. Definitions

In this agreement, the following terms have the following corresponding meaning:

CBAA means the Charter Boat Agents’ Association.

CBAA Agent means the agent through which the Charter was booked.

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

Operator means the owner or operator of the Vessel as specified in the Schedule. Vessel means the Operator’s vessel or vessels specified in the Schedule.

 

2. Quotations

Quotes are valid for 14 days only.

 

3. Right of refusal

The CBAA Agent reserves the right to refuse bookings which contravene these Terms and Conditions. The Charterer must provide all necessary details to the Agent about the charter and the charterer’s group.

 

4. Tentative Bookings

Tentative reservations will be held in good faith for up to 1 week 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.

 

5. Confirmation of Booking

A Charter will be confirmed on receipt of the deposit specified in the quotation and signed acceptance of these Terms and Conditions. All bookings made within 14 days of Charter date require payment in full at the time of booking.

 

6. Deposit

The deposit payable will be $500 of the boat Charter fee unless otherwise specified in the quotation.

 

7. Final Payment

Final guest numbers and final payment is required 14 days prior to the Charter unless otherwise agreed. The final guest numbers specified by the Charterer at least 14 days prior to the Charter will be deemed the minimum number of guests for catering charges. After this time the guest numbers may increase if agreed by the Agent/Operator, however they cannot decrease.

Any additional passengers on the day are charged accordingly.

 

8. Methods of payment

EFT, cash or credit card. Credit card surcharges may apply.

 

9. Cancellations

More than 60 days prior: Deposit will be refunded less a $500 management fee if another booking is secured for the same date and time for the same value. If another booking is not secured, the deposit is not refundable.
Between 60-28 days prior: Deposit is non refundable.
Cancellations made 28 – 14 days prior: Total monies paid are not refundable. Consideration will be given to food, staff and boat costs incurred due to cancellation.
Cancellations made less than 14 days prior: Full payment is non refundable.

 

10. Additional charges

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

 

11. Responsible service of alcohol

The Operator is bound by the WA Liquor Act and must abide by the guidelines for the Responsible Service of Alcohol. 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 Vessel 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 passengers boarding if sufficient food is not provided.

Guests are not permitted to carry liquor from the Vessel on disembarkation. Indecent behaviour on a charter vessel is prohibited under the NSW Liquor Act and your charter will be terminated in the event of unacceptable behaviour as determined by the crew, and if such circumstances occur there will be no refunds.

 

12. Security Bond and Damages Policy

As a condition of chartering services from Party Boat Charters, the Charterer is required to provide a security bond of $1000, which will be held on their credit card. The security bond serves as a deposit to cover additional costs that may be incurred during the Charter period, including but not limited to, damage to the vessel, its equipment, and fittings, as well as charges related to additional services, excessive cleaning, and any other costs attributable to the Charterer’s Group. The security bond or the balance thereof will be refunded within 7 days after the completion of the Charter, provided that no damages or breaches of conduct have occurred.

Loss of Security Bond:

The following circumstances will result in the loss of the security bond:

a. Failure to Follow Operator Instructions: Charterer and passengers must adhere to the instructions provided by the vessel operators while the vessel is underway. Any behavior that endangers themselves, other passengers, the operators, or jeopardizes the vessel's charter licenses, such as fighting, unauthorized jumping off the vessel, intoxication, or abuse towards staff, may result in the forfeiture of the security bond.

b. Damage to the Vessel: If damage is caused to the vessel, necessitating repairs, the cost of repairs will be deducted from the security bond.

c. Improper Use of Facilities: Damages resulting from items being flushed down toilets that are not toilet paper or body waste, causing harm to the sullage system, will result in the loss of the security bond.

d. Excessive Cleaning: If the vessel requires an excess amount of cleaning due to a higher than normal mess caused by the Charterer's Group, leading to staff working longer hours, the additional cleaning costs will be deducted from the security bond.

e. External Cleaning Services: Should outside services, such as carpet cleaning, be required due to excessive mess caused by the Charterer's Group, the cost of these services will be deducted from the security bond.

f. Urgent Cleaning Requirements: If immediate cleaning services, provided by a 24/7 cleaning provider, are necessary due to urgent cleaning needs, the expenses incurred will be deducted from the security bond.

Security Bond Refund Process:

Upon completion of the Charter, Party Boat Charters will conduct a thorough inspection of the vessel and assess any damages or additional costs incurred. If no such issues are found, the security bond or the remaining balance will be refunded to the Charterer's credit card within 7 days after the Charter date.

By agreeing to these terms and conditions, the Charterer acknowledges their responsibility for the proper conduct of all passengers in their group and their agreement to cover any additional costs or damages incurred during the Charter period, as outlined in this Security Bond and Damages Policy. Party Boat Charters reserves the right to recover costs exceeding the security bond from the Charterer in the event of significant damages or breaches of conduct.

 

13. Substitute Vessel

In the event of a mechanical problem to the booked vessel, the Agent reserves the right to provide another vessel of similar style and capacity in order for the Charter to be completed.

 

14. Weather Conditions

All Charters will proceed regardless of weather conditions unless deemed unsafe by the by the Master on the day.

 

15. Charter Course

The course to be undertaken during the Charter may be agreed 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 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 Harbour.

 

16. Embarkation and Disembarkation

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.

 

17. Responsibility of the Charterer:

The Charterer is at all times responsible for the conduct of the Charterer’s group.

 

18. Damage to the Vessel

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.

 

19. Limit of Liability

It is a condition of the Charter that the liability of 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."

This clause outlines the limitations and conditions concerning the liability of the Operator and its related entities under the Charter agreement. Let's break down its components:

1. Limitation of Liability: This means that the maximum amount for which the Operator, along with its servants, agents, employees, and subcontractors, can be held liable is determined by the Limitation of Liabilities and Maritime Claims Act 1989 (Cth). This Act likely specifies the maximum financial liability that can be imposed in case of loss or damage.

2. Notification Requirement: If there is any loss or damage incurred during the Charter, it is mandatory that you notify the Operator in writing within 7 days from the day the Charter took effect. This clause emphasizes the importance of timely reporting to the Operator regarding any issues.

3. Time Limit for Legal Action: If you intend to take legal action against the Operator or any related entities due to the loss or damage, this clause stipulates that any court action, suit, or proceeding must be initiated within 1 year from the day the Charter took effect. This is often referred to as the statute of limitations. After this period, you may lose the legal right to sue.

 

20. Indemnity

(i) Failure to follow any reasonable direction given by the master or crew: This point states that the Charterer and their group must follow all reasonable instructions provided by the captain or crew of the vessel. If they fail to do so and it results in losses or claims, the Charterer is liable.

(ii) Failure to comply with any of these terms or conditions: The Charterer is obliged to adhere to all the terms and conditions specified in the charter agreement. Failure to comply with any of these terms can lead to legal consequences, and the Charterer is responsible for any resulting losses or claims.

(iii) Failure to comply with any warning sign: If there are warning signs on the vessel and the Charterer or their group disregards these warnings, resulting in damages or claims, the Charterer is held accountable for such actions.

(iv) Unreasonable or unsafe behavior: The Charterer and their group are expected to behave in a reasonable and safe manner while on the vessel. Engaging in unsafe activities or behaving unreasonably, which leads to losses or claims, makes the Charterer liable under this clause.

(v) Wilful misuse of the equipment or facilities of the vessel: Any intentional or deliberate misuse of the vessel's equipment or facilities by the Charterer or their group members is their responsibility. If such misuse causes damages or liabilities, the Charterer is obligated to indemnify the Operator.

(vi) Intoxication or the use of prohibited drugs: The Charterer and their group must refrain from intoxication or the use of prohibited drugs while on the vessel. If their intoxication or drug use results in losses, claims, or damages, the Charterer is liable for these consequences.

 

21. Risk Warning

This section emphasizes the inherent risks and dangers associated with being on board any vessel. It serves as a critical disclaimer, alerting all passengers to the potential hazards they may encounter during the Charter. By stating that "there are inherent risks and dangers on board any vessel," the agreement aims to acknowledge the unpredictable nature of maritime activities.

In-Depth Explanation:

1. Inherent Risks: Vessels operate in dynamic environments, often subject to unpredictable weather conditions, rough seas, and changing tides. Mechanical failures, human errors, and natural phenomena are all inherent risks associated with maritime travel. These factors can lead to accidents, injuries, or other adverse situations.

2. Participant's Responsibility: By explicitly stating that "all passengers participate in the Charter entirely at their own risk," the agreement places the responsibility on the passengers. This means individuals are expected to exercise caution, adhere to safety guidelines, and be aware of their surroundings while on the vessel. Passengers are acknowledging that they understand and accept the risks involved and are voluntarily choosing to participate in the Charter despite these risks.

3. Informed Decision-Making: This warning serves as a reminder to passengers to make informed decisions about their participation. Passengers should assess their own physical abilities and health conditions before embarking on the Charter. It encourages passengers to ask questions, seek clarification on safety protocols, and follow the instructions provided by the crew to minimize risks.

4. Liability Limitation: This section can also serve to limit the liability of the Operator and other parties involved in the Charter. By clearly stating that passengers are participating at their own risk, it may mitigate legal claims in case of accidents or injuries, provided that the operator has taken reasonable precautions and followed applicable safety regulations.

 

22. Swimming

This clause outlines the specific conditions under which swimming is allowed during the Charter. By providing clear guidelines and limitations, this section aims to ensure the safety of passengers while minimizing potential risks. Additionally, it serves to protect the Operator and other involved parties from liability related to swimming activities.

In-Depth Explanation:

1. Limited Swimming Hours: The clause restricts swimming to "daylight hours." This limitation is crucial as visibility is significantly better during daylight, reducing the chances of accidents or emergencies. By allowing swimming only when there is ample natural light, the Operator mitigates the risks associated with reduced visibility.

2. Stationary Vessel: Swimming is permitted only when the vessel is "stationary." This condition is vital for passenger safety. A moving vessel can create strong currents and unpredictable water conditions, making swimming hazardous. By allowing swimming only when the vessel is stationary, the clause minimizes the risk of passengers being swept away by currents or coming into contact with moving parts of the vessel.

3. Discretion of the Crew: The clause states that swimming is permitted "in the absolute discretion of the crew." This discretionary power is crucial for the crew to assess the safety of the swimming environment. The crew is experienced in understanding local conditions, tides, and potential hazards. By giving them the authority to decide when and where swimming is allowed, the Operator ensures that swimming activities are conducted in the safest possible manner.

4. Liability Protection: By clearly outlining the conditions under which swimming is allowed and emphasizing the crew's discretion, the Operator and other parties are protected from liability. Passengers are made aware of the limitations and are expected to comply with the crew's instructions. If a passenger chooses to swim outside of the permitted hours or against the crew's advice and an accident occurs, the liability could be attributed to the passenger's non-compliance with the established rules and guidelines.

 

23. Jurisdiction

The laws of Western Australia govern this agreement and the parties agree to submit to the jurisdiction of the Courts of Western Australia in respect of any disputes arising between them.

 

24. Ticket Sales and Reservation Policy

By purchasing tickets for the charter services provided by Party Boat Charters, customers agree to abide by the following terms and conditions regarding ticket sales and reservations:

a. Ticket Purchase and Confirmation Customers may purchase tickets for charter services through [Your Company's Website/Authorized Agents] or directly from Party Boat Charters. All ticket sales are subject to availability. Tickets are considered confirmed only upon receipt of full payment. Party Boat Charters reserves the right to refuse or cancel bookings in its sole discretion.

b. Reservation Changes and Cancellations Customers may request changes to their reservations, including date and passenger name changes, subject to availability and applicable fees. Cancellation requests must be submitted in writing and are subject to the cancellation policy outlined in these terms and conditions.

c. Refunds and Cancellations Refunds will be provided according to the cancellation policy specified at the time of booking. Party Boat Charters reserves the right to charge a cancellation fee or retain a portion of the ticket price for cancellations made within a specified period before the scheduled charter date. No refunds will be issued for cancellations made within [X] hours/days of the scheduled departure time.

d. Ticket Transferability Tickets are non-transferable unless explicitly stated otherwise. Customers must present valid identification and the original ticket confirmation upon boarding. Party Boat Charters reserves the right to deny boarding to individuals without proper identification or proof of ticket purchase.

e. Event Cancellation or Modification Party Boat Charters reserves the right to cancel, reschedule, or modify charter services due to unforeseen circumstances, including but not limited to inclement weather, safety concerns, or insufficient bookings. In the event of cancellation by Party Boat Charters, customers will be entitled to a full refund or the option to reschedule, as per their preference.

f. Customer Responsibilities Customers are responsible for providing accurate and complete information during the ticket purchase process. Any discrepancies or issues with tickets must be reported to Party Boat Charters promptly. Customers are also responsible for arriving at the departure point on time. Late arrivals may result in the forfeiture of the ticket without a refund.

g. Governing Law These ticket sales and reservation policies shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflicts of law principles.

By purchasing tickets from Party Boat Charters, customers acknowledge that they have read, understood, and agreed to these ticket sales and reservation policies. Party Boat Charters reserves the right to update or modify these policies at any time without prior notice. Customers are encouraged to review the policies periodically for changes.

 

25. Acceptance

By accepting the quotation and paying a deposit, the Charterer agrees to be bound by these Terms and Conditions.

The Charterer acknowledges that he or she has read and understood these Terms and Conditions and has or will convey these conditions to all of the Charterer’s Group.