Falconer Marine Enterprises Pty Ltd Terms and Conditions

ABN: 28 139 122 624

Definitions.

Charter - the cruise for which the Charterer is paying and the Operator is providing.

Charterer - the client of the Operator, who is paying for the Charter.

Charterer's Group - all the passengers who will take part in the Charter.

Master - the qualified person in charge of the vessel.

Operator - the person or organisation providing the vessel for the Charter.

Agent acting as agents for the Operator.

Quotations.

Quotes are valid for 30 days, after which they may be subject to price changes.

Falconer Marine Enterprises reserve the right to refuse bookings which contravene our terms and conditions.

Tentative Bookings.

Tentative reservations are a first right of refusal and will be held for up to 1 week, or until another party wants to book.

Confirmation of Booking.

A charter will be confirmed on receipt of the specified deposit. (Unconfirmed bookings may be subject to cancellation after 7 days if no prior arrangement are made). In the event of bookings made within 7 days of the charter credit card details may be required as security.

Cancellations.

More than 60 days prior: Deposit will be refunded less a 25% management fee if another booking is secured. Otherwise loss of deposit.

Between 60-14 days prior: Loss of deposit.

Less than 14 days prior: Loss of deposit + a cancellation fee applies - consideration will be given to ordered food, staff and boat costs incurred due to cancellation, and the possibility of re chartering the vessel on the same day and time slot. Normally, any cancellation from the client within 30 days will result in full payment of the charter. Full payment to be made 10 working days prior to the charter unless otherwise negotiated with Falconer Marine Enterprises. The total amount due will be calculated on final number of guests advised or the number on board, whichever is the greater.

Method of Payment.

Cheque, bank cheque, EFT, or credit card, Visa, MasterCard and American Express will incur a 2% surcharge. All prices include GST.

Consumption bar & extras.

Extra charges including time extensions and additional beverages will only be supplied if the total bill is paid, or signed and authorised in the case of account customers, at the conclusion of the cruise. This must be paid on board, in cash or credit card, unless other arrangements have been made.

Final Numbers/Maximum numbers.

Confirmation of minimum final number of guests must be made no later than 10 working days prior to the Charter. Within 10 days the numbers may increase, however they cannot decrease. Additional guests will be charged.

Responsible service of alcohol.

As the licensee, the Operator is bound by the NSW Liquor Act and must abide by the guidelines for the responsible serving of alcoholic drinks as stated in posters displayed at the bar and in the vesselshouse policies, with particular regard to the refusal of service of alcohol to either intoxicated persons or guests under the age of 18, and may refuse service to any individual at the Operatorsabsolute discretion. We do not allow BYO.

Please note that it is an offence for individuals to carry liquor from the vessel on disembarkation.

Indecent behaviour on a licensed vessel is strictly prohibited under the NSW Liquor Act.

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; however 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.

Responsibility of the Hirer.

The Charterer is at all times responsible for the conduct of the Charterers group. COAST is a quality service provider, and hire first quality crew, and provide first quality beverages and catering on cruises booked directly through COAST, we cannot guarantee the quality of any outside catering provider/agent.

Duration of the Charter

The duration of the Charter includes the time taken to embark and disembark passengers.

The Company is not responsible for any delays caused by the late arrival of passengers or delays at the wharf caused by crowds, the arrival of other vessels or any other item beyond its control. It is similarly not responsible for delays at the point of disembarkation for reasons outside its control.

The Company reserves the right to pull in to the point of disembarkation 10 minutes prior to the scheduled time for disembarkation, at which point music will be switched off.

If the time for disembarking passengers takes longer than 15 minutes beyond the scheduled end of the Charter, the Charterer will be charged for this time and for every 15 minute period thereafter pro rata of the vessel charge. If the Master is required to vacate the disembarkation point in order to let other vessels berth, this time will also be charged for at the same rate.

If the Charterer seeks to extend the duration of the Charter, during the Charter, this extension will be at the sole discretion of the Master and will be for a maximum of one hour.

Any such agreed extension will be paid for by the Charterer before the end of the Charter by cash or credit card. The amount will be pro rata of the vessel charge plus staffing costs.

Extra Time

All guests receive a 15 minute time frame to disembark the vessel at the completion of the charter. If this time frame is exceeded the Hirer will be required to pay for the extra hire of the vessel charged in half hour time slots. If the hirer chooses to extend the time of their cruise on the day or prior to their cruise this will be charged in half hour time slots. This option will only be available if time permits (vessel may have another booking) and at the Masters (Captains) discretion.

Damage/cleaning to the Vessel.

The Charterer shall indemnify the Operator in respect of any loss or damage to the vessel or its equipment or fittings however caused by members of the Charterers group, fair wear and tear excepted. Any damage to vessel will be photographed, and the damage will be repaired, within 3 working days, by our chosen shipwright, no other contractor will be allowed to work on COAST. Any damage to vessel will attract the water police attention, the vessel will not dock until police have boarded. COAST is CCTV monitored on certain cruises. A security detail will be provided, at cost if required. Cleaning, beyond fair wear and tear will be invoiced. Chewing gum is not permitted and carpet cleaning fees apply if damaged.

Gifts and Valuables

Falconer Marine Enterprises takes no responsibility for gifts and valuables that are left onboard the vessel. Whilst all care is taken, it is the responsibility of the Hirer and their guests to ensure all gifts and valuables are removed at the end of your charter.

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 the Limitation of Liabilities and Maritime Claims Act 1989 (Cth).

Indemnity.

The Charterer agrees to indemnify and hold harmless the Operator, its 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 the Charterer or members of the Charterers group.

The Operator is not liable for any death, loss, damage or injury to any person or property which occurs and is attributable to or associated with:

(i)   Failure to follow any reasonable direction given by the master or crew;

(ii) Failure to comply with any of these term 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;

(vi) Intoxication or the use of prohibited drugs.
(ii)  SMOKING, is allowed only on lower foredeck, with the use of ashtrays, Do not throw discarded cigarettes into the harbour.

(iii) FORCE MAJURE. If the vessel, cannot make the charter, due to engine breakdown, weather, or any other force of nature, the vessel will refund the full cost of the charter/ticket, less CATERING costs. All possible endeavours will be made to supply another similar vessel.

(iii) MANLY : If a cruise to Manly is booked, and the vessel cannot cross to MANLY, or any north harbour destination due to weather conditions, The Captain will call the charterer 24 hours prior and the charterer will arrange transport to Mosman, or similar.