1. Food & Beverage / Catering Packages
1.1. A range of food menus/packages available on request.
1.2. All non-included beverages will be charged on consumption only.
1.3. Payment of all non-included beverages is the responsibility of the client and to be made in full prior to disembarking at the end of the charter.
1.4. The manager reserves the right to charge the client’s credit card used to book the charter for payment of consumption of non-included beverages.
2. Personalise Your Charter
2.1. All guests for overnight charter bookings are required to complete our Personalise Your Charter Form, detailing their dietary and activity preferences.
2.2. This form enables us to provide an individually tailored charter experience.
2.3. The link to this form will be sent with each booking confirmation
3. Deposit Policy
3.1. To secure all bookings, a 50% deposit is required at the time of booking.
3.2. Remaining 50% payment plus APA is then due no less than 30 days prior to departure date.
3.3. A delay in payment may disrupt travelling schedules and programs for which the owner shall not be liable to the trade operator or their client.
4. Payment Policy
4.1. Should you wish to make payment by credit card, VISA, Amex or MasterCard only. *Please note all Visa/MasterCard transactions will incur a 1.5% surcharge, AMEX will incur a 1.98% surcharge. This is non-refundable in the event of cancellation.
5. Cancellation Policy
5.1. Monies held by the owner are subject to refund/cancellation policies as follows:
5.1.1. Cancellations made 61 days or more prior to departure date shall be subject to 25% refund of the deposit.
5.1.2. Any cancellations made 60 to 31 days prior to departure date shall be subject to 50% cancellation fee of total charter cost. Any deposit in excess of this amount shall be returned to client.
5.1.3. Cancellations less than 30 days prior to departure date shall be subject to 100% cancellation fee, and client’s deposit shall be retained by owner and the remaining amount due and payable shall be invoiced to client.
5.1.4. No refund will be given for any unused services.
5.1.5. All cancellations must be received in writing or by email.
6. All Provisioning Allowance – Extended Charters only
6.1. Unless specified at time of booking, APA is applicable for all extended overnight charters of seven (7) nights or longer.
6.2. APA is 25% of total charter cost and to be paid prior to charter departure.
6.3. APA will be used for any costs incurred but not restricted to fuel, food, beverages, mooring fees, visa fees, harbour fees, park fees, taxes and other expenses not included in the charter fee.
6.4. In the event of cancellation of the charter the APA is refundable.
6.5. The manager of the vessel is responsible for the accounting of all APA expenses during the charter, and the breakdown will be presented to the client in a clear manner at the end of the charter.
6.6. If the costs incurred during the course of the charter are over and above the APA deposit then the difference will be payable by the client by cash or credit card only at the end of the charter.
7. No Show Policy
7.1. Full cancellation fee applies.
8. Goods and Services Tax (GST)
8.1. All rates are subject to increase in the case of Australian Government levies, taxation or in line with external operator charges. All rates are inclusive of Australian Goods and Services Tax.
9. Cruising Area
9.1. The client shall restrict the cruising of the vessel to within the cruising area and to within regions in the cruising area in which the vessel is legally permitted to cruise.
9.2. The client also agrees to restrict time under way to an average of five (5) cruising hours per day, unless the captain, at his sole discretion, agrees to exceed this time.
10. Authority of Captain
10.1. The designated manager of the vessel shall be suitably qualified and carry all necessary licenses.
10.2. The client recognises the authority of the manager in all matters, regarding safety (including service of alcohol), navigation and speed of the vessel and associated equipment (tender and water sports equipment).
10.3. The client recognises the authority of the manager in reference to anchorages and itinerary alterations due to weather or force majeure.
10.4. Should the client fail to recognise the authority of the manager, the owner of the vessel holds the right to cancel the charter with all outstanding monies to be settled by the client.
11. Persons
11.1. The client shall not permit more than the maximum number of guests, as indicated in the charter particulars of this contract, sleeping or cruising on the vessel. A reasonable number of visitors may be permitted, at the manager’s discretion when the vessel is in port.
11.2. If children are on board, the client shall be fully responsible for their conduct.
11.3. By signature of this agreement the client warrants all persons to be suitably fit and have no medical conditions to be physically dangerous to partake in the charter nominated within the particulars.
12. Use of the Vessel
The client and their guests shall:
12.1. Comply with the laws and regulations of the country into whose waters the vessel shall enter during the course of this agreement.
12.2. Not behave in a way to cause nuisance to any person.
12.3. Treat the manager and crew with respect and not subject any person to harassment.
12.4. Not smoke in the interior enclosed areas of the vessel.
12.5. Not commit any offence by law of the country into whose waters the vessel shall enter during the course of this agreement.
12.6. Be responsible for payment of any damages made to the vessel or any of its fixtures by the clients or their guests, with the amount determined by the vessel’s manager to be charged at the end of the voyage.
13. Delay of Failure in Delivery
13.1. If, by reason of force majeure, the owner fails to deliver the vessel to the client at the port of delivery, at the commencement of the charter period and delivery is made within 48 hours of the scheduled commencement date or within 1/10th of the charter period, whichever period is shorter, the owner shall pay the client a pro rata daily rate. Alternatively, an extension of the charter period may be negotiated between the owner and the client.
13.2. If the owner fails to deliver the vessel at the port of delivery at the commencement of the charter period, for any other reason other than force majeure, the client may consider this agreement terminated and be entitled to a full refund of monies paid to the owner by the client.
14. Breakdown
14.1. If the vessel is disabled by breakdown of machinery, grounding or collision for a period between 12 and 48 hours, then the client will be entitled to a pro rata refund for the period of breakdown.
15. Scuba Diving
15.1. Owner does not supply scuba diving as part of the standard package and therefore accepts no liability or responsibility for scuba diving activities for the duration of the charter.
15.2. Should the client wish to engage in scuba diving activities, the owner is happy to arrange a third-party provider with acceptance of all separate liability, terms and conditions to be made between the client and scuba operator directly.
16. Helicopters
16.1. Helicopter transfers are conducted by a third-party company. All helicopter transfers are subject to weather conditions being suitable to land aboard the vessel on the day of travel. If weather conditions are poor, the closest fixed landing site will be sought.
16.2. Upon booking confirmation, it’s mandatory for guests to supply their individual body weights (in kg). Should a passenger’s weight have a variance which results in the aircraft payload being exceeded, Nautilus Aviation reserves the right to restrict luggage or charge additional fees if a larger aircraft or private charter is required.
16.3. On the day of transfer, guests are also restricted to a maximum of 15 kg of luggage each. Each helicopter is subject to certain payload restrictions. Should your individual and/or luggage weight exceed the maximum for the allocated helicopter type, an additional surcharge may be applicable to upgrade to a larger aircraft.
16.4. Due to availability of helicopter aircraft, it is recommended that any domestic or international flights are not booked until confirmation of any required helicopter transfers are confirmed.
17. Insurance
17.1. Although all care is taken, the owner cannot accept responsibility for any expenses incurred by the client as a result of any domestic, international or helicopter flight delays, reschedules or alterations, mechanical failures or poor weather.
17.2. It is highly recommended that guests take out travel insurance to cover any unforeseen circumstances.
17.3. The owner accepts no liability for the damage or loss of personal effects or the medical/emergency treatment of the client and/or guests. The client should carry independent insurance for personal effects or medical/accident whilst on board the vessel.
18. Termination & Indemnity
18.1. The client must accept responsibility for the proper conduct of his/herself and any guests.
18.2. The manager and owner reserve the right to terminate without further notice the charter arrangements of any client who refuses to comply with the instructions or orders of the company staff, agent or other responsible person or whose behaviour or competence in their opinion is likely to cause distress, damage, danger or annoyance to the crew, other guests, staff, any third party, any person or to property.
18.3. Upon such termination, the client shall indemnify the owner against all loss, damage and expense incurred by the owner as a result, and the owner may, by notice to the client terminate this agreement forthwith.
19. Weather Policy
- 19.1. The manager and owner will not accept any responsibility or provide any form of compensation including refunds for adverse weather conditions during the charter.
DEFINITIONS
- “APA” means Advance Provisioning Allowance. A fee, separate and in addition to the charter fee, for the purposes of covering expenses incurred during the course of the charter such as fuel, food, beverages, mooring fees visa fees, harbour fees, park fees, taxes and other expenses not included in the charter fee.
- “Client” means the charterer of MY Flying Fish or their appointed agent.
- “Force Majeure” means an event, beyond the control of the owner or client that results in one or both of the parties being unable to fulfil their contractual obligations as per this agreement.
- “Vessel” means the M.Y. Flying Fish moored at Berth F6, The Reef Marina, 44 Wharf St, Port Douglas Queensland, Australia 4877.
