Hamilton Island Accommodation
Yacht Terms & Conditions

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Yacht Terms & Conditions

HAMILTON ISLAND TERMS AND CONDITIONS

A $500 deposit is required to secure and confirm your booking. The balance of payment is due 70 days prior to the arrival date

Payment options are:
Visa and Bankcard – 1.08% merchant transaction fee.
Mastercard – 1.08% merchant transaction fee.
Amex – 1.8% merchant transaction fee.
Direct Deposit – no fee – contact us for bank details
Cheque: Payable to Whitsunday Holidays, PO Box 41, Hamilton Island, Qld 4803

YOUR CONTRACT

When making your booking, the person signing the booking form (the “Party Leader’’) must have and is taken by us to have the authority to do so on behalf of all the other people covered by the booking. Where “you” or “your” is used, this is the Party Leader and all people covered by the booking. By signing the form it means all people covered by the booking have read and accepted these Booking Conditions. The Party Leader will be responsible for the full cost of the charter, including any insurance premiums and cancellation or amendment charges and will also be responsible for any amounts for which you may be liable in relation to the charter. A contract exists as soon as you pay the booking deposit and by making that payment you will be deemed to have accepted our quotation invoice and agree to be bound by our booking conditions. This contract is made on the terms of these Booking Conditions which are governed by New South Wales Law and we both agree to submit to the jurisdiction of the New South Wales Courts at all times.

YOUR CHARTER PRICE

The prices quoted are in Australian Dollars.  Once you have made your booking and paid a deposit of $500 per charter, the cost of your charter will not normally be subject to any change. However, we reserve the right to increase/surcharge or decrease prices, due to variations in service charges, security/insurance levies or fluctuations in exchange rates used to calculate the cost of your charter. The balance of the price of your charter must be paid at least 10 weeks before your departure date or if it is booked less than 10 weeks before the departure date, upon making the booking. If the balance is not paid in time, we may cancel your arrangements and retain your deposit.   In addition, if payment is late, clients paying their charter balance by credit card will be charged an additional 1% surcharge per month on the balance overdue. Contract start time is 1200 hrs on your first day of charter and disembarkation time is 1000 hrs on your last day of charter. If you return your vessel after 1000 hrs on your last day of charter you will be charged AUD$500 per hour for each hour after 1000 hrs.

IF YOU CHANGE YOUR BOOKING

If, after our confirmation invoice has been issued, you wish to change your arrangements in any way we will do our utmost to make these changes, but it may not always be possible. Any request for changes to be made must be in writing signed by the Party Leader.  You will be asked to pay an administration charge of $20 plus any further cost we incur in making this alteration. Please check whether your holiday insurance will cover any changes or increased costs resulting from a change. Should you request a major alteration within 10 weeks of departure date (such as a change of date or area) then this will be treated as a cancellation and re-booking. Certain arrangements cannot be changed after a reservation has been made and any alteration will incur a 100% cancellation charge. Changes from a brochured charter booking to late availability or other special offers will not be permitted. Requests for changes to your booking should be sent to our Reservations Department.

IF YOU CANCEL YOUR CHARTER

You or any member of your party may cancel your arrangements at any time. Written notification of cancellation from the Party Leader  must be received at our offices on Hamilton Island referred to in paragraph 1. Cancellation will be effective on the date it is received by Sunsail together with any travel
documents already issued to you. Cancellation charges are payable as follows:

Period before departure within which notice of cancellation or major change is received by us
More than 70 days – Deposit only
70-43 days – 40% of total charter cost
42-15 days – 60% of total charter cost
14 days and under – 100% of total charter cost
Note: If the reasons for your cancellation are covered under the terms of your insurance policy, you may be able to reclaim these charges

IF WE CHANGE OR CANCEL YOUR CHARTER

We reserve the right to make changes should they become necessary. Most of these changes will be minor and we will advise you of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. We will not cancel your arrangements less than 15 days before your departure date, except for reasons of Force Majeure or failure by you to pay the final balance. If we are unable to provide the booked travel arrangements and have had to cancel them before the charter is due to start, you can either:

  • Accept our offer of a replacement charter of equivalent or higher quality (subject to availability).
  • Accept our offer of a replacement charter of lower quality (subject to availability) and we will refund the difference in cost.
  • Accept a full refund of the money you have paid.

No compensation will be paid nor a replacement charter offered where the change or cancellation is due to Force Majeure. “Force Majeure” means unforeseeable and unusual circumstances beyond our control. Such circumstances or events include (but are not limited to) war or threat of war, riot, civil strife, industrial dispute, unavoidable technical problems with transport, closure or congestion of airports, terrorist activity, natural or nuclear disaster, fire and adverse conditions.

CHARTER TERMINATION AND INDEMNITY

You must accept responsibility for the proper conduct of yourself and any members of your party. We reserve the right in our absolute discretion 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 our opinion is likely to cause distress, damage, danger or annoyance to their crew, other customers, staff, any third party, any person or to property. Upon such termination our responsibility for your charter ceases and we shall not be liable for any extra costs incurred by you.

IF YOU HAVE A COMPLAINT

If you have a problem during your charter, please inform a relevant member of our staff immediately, who will endeavour to put things right. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our Company. It is strongly suggested that you
communicate any problem to our base staff without delay and complete a report whilst at the base. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were on the charter and this may affect your rights under this contract.

It is unlikely that you will have a complaint that cannot be settled amicably between us. However disputes to do with this contract which cannot be settled amicably, may (if you wish) be referred to an independent Arbitrator agreed to by both parties. This will be done to ensure an outcome can be achieved with a minimum cost to both parties.

EQUIPMENT AND YACHT INSURANCE COVER

Our equipment and yachts are comprehensively insured. Our policy provides full cover for the equipment and yachts and no less than $10,000,000 third party cover for your skipper and crew. However you may like to take out one- off public charter’ liability. We are not responsible for any loss which you may suffer as a result of the insurers failing to indemnify any risk through your providing incorrect information on the booking form. You may choose to take out charterer’s liability cover for the period of your charter. A damage waiver payment must be paid at the time of your final balance to which should cover minor accidental damage to the charter yachts. The amount is determined by the size of yacht. A blank credit card imprint is also taken on arrival to our base. This is to cover against any loss of equipment or for any additional services or goods you may require during your charter. However, should damage or loss be caused as a result of willful damage by a client, a client under the influence of alcohol or drugs or as a result of not obeying our staff ’s instructions, then he or she will be liable for the full amount of repair or replacement. Adults will at all times be responsible for minors in their charge.

SAFETY

The Party Leader is responsible for assuring that he/she and the crew are competent to undertake the planned itinerary. The Party Leader must take note of safety information contained in any written material or delivered in the yacht and chart briefings and is responsible for briefing the crew on this, the yacht and its systems.

  • The Party Leader is responsible for checking the inventory and yacht systems before the yacht makes passage.
  • The Party Leader has primary responsibility for the safety and acts or omissions of the crew and craft at all times.
  • Yachts may not be sailed single-handed and the second crew member should be fit and have at least a basic knowledge of yachts.
  • As with other activity based holidays, watersports activities contain an element of risk. It should be understood that participation in these activities is your decision and at your risk.
  • The Party Leader has primary responsibility for the safety of the crew and craft at all times.
  • Neither night sailing nor partaking in any third party race is permitted without our prior written approval.

In the interests of the safe conduct of your charter, we and our staff may order a change to your itinerary, decide whether or not conditions are safe to use a craft or make a passage and whether this should be under power or sail. We will not be liable in any way if these changes are made. You must follow the instructions of our staff at all times.


AIRLIE BEACH TERMS AND CONDITIONS

GENERAL CONDITIONS OF HIRE:
The parties agree:

INTERPRETATION

The Operator includes the owner of the Boat, the Operator’s subsidiaries, employees, directors, affiliates, agents and subcontractors appointed by the Operator. The Charterer includes the Charterer’s guests, family, employees, agents and crew members. In this agreement, unless the contract otherwise requires, the singular includes the plural and vice versa, words denoting gender shall include all other gender, headings are for convenience of reference only and shall not affect construction of the agreement. Children are defined as persons under the age of sixteen years. Time is of the essence of this agreement.

DELIVERY

The Operator shall deliver the Boat at the Port of Delivery staunch, clean and in full commission ready for service. The Operator may allow credit pro rata for charter fees covering periods of delay in delivery. The Operator has the right, at its discretion, to substitute a boat of similar type or to cancel the charter and refund the charter fee. If the Operator fails to make delivery within twenty-four hours after the due time then the Charterer may cancel the agreement and a full refund of the charter fee will be paid. The Operator shall then have no further liability to the Charterer beyond that refund. The Charterer warrants that he will examine the Boat before taking delivery and by accepting the Boat shall be deemed to have satisfied himself that the Boat is staunch and properly outfitted for a yacht or motor cruiser of her type, size and accommodation. Should the Charterer not be ready to accept delivery of the Boat at the stated time for delivery for any reason the Operator has the right to set the time of delivery any time within the next twenty-four hour period. In that event there shall be no partial refund for any of the charter time lost. The charter period commences with the area briefing and boat familiarisation or sail orientation.

PAYMENTS, CANCELLATION AND BOND

The Charterer shall pay:

  • a deposit on signing this agreement of $750.00 per vessel
  • the balance of the charter fee at least sixty days prior to commencement of the charter period: and
  • $2000.00 by way of security bond prior to delivery or non refundable Bond Damage Waiver ($150 – $350) & refundable Bond of $500
  • for all fuel used to be paid for on return to base

In the event the Charterer cancels this agreement by notice in writing received by the agent more than sixty days prior to commencement of the charter period, the deposit will be refunded in full less a service fee of ($250). If less than sixty days of notice of cancellation is given the full charter fee shall remain due and payable and will not be waived or refunded unless the Operator is able to obtain an alternative booking for the same charter period. If there are no deductions from the bond it shall be credited to the Charterer within fourteen days of the end of the Charter. In the event of any deductions from the bond for insurance excess or consequential credit card or banking charges, demurrage, repair of any damaged or loss of equipment, or any accident, breakdown, recall or repossession of the Boat, or other costs, the balance will be posted to the Charterer as soon as is reasonably practicable once the deduction can be calculated by the Operator.

INVENTORY

At the time of delivery the Charterer shall, if requested by the Operator, complete, check and sign a record of inventory and on redelivery to attend to checking with the Operator and to countersign the record of inventory after checking. Any lost or damaged inventory item shall have all expenses relating to the loss or damage debited against the security bond. If the Operator does not require signing of a record of inventory, it’s right to debit against the security bond is not waived.

RUNNING EXPENSES

The Charterer shall pay all running expenses during the charter period including pilotage, port charges, sail guide and crew charges, service calls (excluding breakdowns not the fault of the charterer), refuelling costs, engine running costs (calculated at the termination of charter) and provisions and supplies for him and his party. The Charterer agrees to pay a fuel deposit as determined by the Operator (if applicable).

COMPETENCY

In this clause “competent person” means a person competent in the handling of the type of boat chartered including:

  • Knowledge and practical experience of seamanship:
  • Knowledge and practical experience in the handling of inboard auxiliary powered sailing craft and associated equipment of the general type and size of boat
    a. The Charterer warrants that he is a competent person in the handling and operations of the type of boat chartered
    b. The Charterer undertakes not to permit any other person to operate the Boat unless that person is a competent person
    c. The Operator reserves the right to require the Charterer and any other person who shall operate the Boat to demonstrate to the Operator that they are competent persons. Should the Operator not be satisfied with the competency of the Charterer, the Operator may require a sailing guide on board the Boat for such period as determined by the Operator In the event that the Charterer or any other person is considered by the Operator to be a competent person as a result of any misleading, deceptive conduct or misrepresentation by the Charterer and upon which the owner has relied to form an opinion then the Operator shall have the right to install a competent sailing guide aboard the Boat and at its election to terminate this agreement. The Operator shall have the right to recover all losses against the Charterer without any liability to refund or compensate the Charterer.

NAVIGATION AND OTHER LIMITS

The Charterer shall restrict the cruising of the Boat from 0800 to 1600 hours and shall limit his cruising perimeter to the area and limitation clearly defined and specified by the Operator. The Boat shall be employed exclusively as a pleasure boat for the sole and proper use of members of the Charterer’s party. The Charterer shall not carry on the Boat more than the specified number in the party and the Charterer shall not permit any other party, except competent persons within the Charterer’s party, to operate the Boat unless the prior written permission of the Operator is obtained. The Charterer shall not race the Boat. The Charterer shall not engage in trade including transporting merchandise or passengers for pay. No goods, documents or drugs shall be carried which would involve the risk of seizure of the Boat by any government. Pets shall not be taken on the Boat. Children must be under the control of a responsible adult. That adult is responsible for the conduct and personal safety of the children while on the Boat. The Charterer shall not allow any person on board to commit any act contrary to the laws of Australia, or of any other government within the jurisdiction of which the Boat may be at any time and shall comply with the law in all other respects. The Charterer shall not tie the Boat up at any jetties or piers except those approved by the Operator prior to the charter or make any landing with the Boat.

CHARTERER’S AUTHORITY

At the commencement of the charter period the Operator shall relinquish its possession and command of the Boat to the Charterer and full authority regarding the management of the Boat and its crew or members of the Charter party shall be transferred to the Charterer for the period of this charter. Should a sailing guide be put on board either at the Charterer’s request or at the Operator’s option the sailing guide shall be the sole responsibility of the Charterer and the Charterer shall pay the Operator for the sailing guide at the current daily rate listed at the Operator’s offices and feed and accommodate the sailing guide. If a sailing guide is put on the Boat, then although the Charterer shall have possession, command, navigation and full control over the Boat, the sailing guide is to be sole judge as to whether it is reasonable or prudent to sail at any time and as to whether any specified anchorage is reasonably safe.

REDELIVERY

The Charterer shall redeliver the Boat to the Operator free from any indebtedness which may have occurred on the Charterer’s account at the Port of Return together with all of its equipment, in the same good condition as it was at delivery, save for fair wear and tear from ordinary and proper use. If for any reason other than that the Boat has become a total loss, he shall fail to redeliver the Boat at the agreed place and time, he shall pay the Operator demurrage at the rate of the charter fee per night of the Boat plus 50% for every day or part of a day (“Agreed Demurrage”) until redelivery is effected. If the Charterer leaves the Boat at any place other than the Port of Return he shall pay to the Operator: all expenses involved in transferring the boat to the Port of Return; Agreed Demurrage for the number of days required for the transfer; plus any losses or damage not covered by the Operator’s insurance which may occur on or to the Boat or otherwise arises from the redelivery until it has been redelivered to the Operator at the Port of Return. In the event the Charterer should elect for any reason to redeliver the boat prior to the end of the charter period the Operator shall not be liable to return any part of the charter fees. Unless otherwise approved by the Operator, the vessel must be returned and vacated by 11.00am on the return date.

CLEANING

If upon completion of the charter the Charterer has not left the Boat in clean and tidy condition (including the removal of al garbage) then the Charterer shall pay for the costs of cleaning the Boat.

RECALL

Operator reserves the right to recall the Boat at any time if the weather is considered by the Operator to be a threat to safe operation or in the Operator’s opinion the Boat is being improperly or incorrectly sailed, managed or controlled so as to imperil the Boat, other vessels or property or life. A recall may include but is not limited to a recall to the Operator’s base or an instruction to proceed to a haven deemed to be safe for the prevailing conditions. During a recall the Charterer may be required to vacate the Boat depending on conditions. The Operator shall not be liable for any lost time, expense or losses to personal goods or property due to recall and the Operator is not liable to repay any charter fees. The Charterer is advised to take out the appropriate insurance cover for such events.

SERVICE CALLS

In the event of a malfunction of the Boat or its equipment, the Operator shall subject to prevailing weather conditions use its best endeavours to reach the Boat with a service call at the earliest opportunity. In the event a service call is not in the Operator’s opinion reasonably possible, or if the problem cannot be otherwise rectified, the Charterer shall proceed to the point designated by the Operator where repairs or replacement, where possible, will be made. If the service call is in the reasonable opinion of the operator due to any fault of any member of the charter party any cost incurred shall be at the expense of the charterer.

REPLACEMENT

In the event that a fault in the Boat is detected before or during the charter period that may cause unsatisfactory performance of the Boat or equipment, then the Operator has the right to expeditiously effect repairs. In the event the Boat is in the Operator’s opinion inoperable during part of the charter period through no fault of the Charterer rendering total or premature termination of the charter, the Operator may at its option endeavour to provide as a substitute an alternative boat of similar size and quality for the charter period. If no substitute boat can be provided the Charterer shall be entitled to reimbursement of charter fees for each full day (midday to midday) of the charter, which has not been used.

ACCIDENT OR BREAKDOWN

In the event of any accident, loss, breakdown or disaster, the Charterer shall give immediate notice to the Operator and shall not except to the extent necessary to minimise a loss of the Boat, authorise or undertake repairs without prior authorisation of the Operator. The Charterer shall be responsible for the costs and consequence of any unauthorised repairs. The Charterer shall make no admission of liability to any party and no refund shall be made in respect of any claim arising out of such accident, loss, breakdown or disaster, save as is otherwise provided in this agreement. The Operator at its discretion shall determine if the cost of any repair, service (including cost for service vessels), breakdowns, recall or repossession or any other costs incurred by the Operator are chargeable to the Charterer and if so shall be deducted from the security bond or otherwise be owing by the Charterer.

LIMITATION OF LIABILITY

To the extent permitted by law, the liability of the Operator for indirect, special or consequential damages in connection with or arising out of the service under this agreement shall be limited to the supply of those services again. The Operator shall not be liable for any other indirect, special or consequential damages.

ALCOHOL AND DRUGS

The use or consumption of illegal drugs by anyone using the Operator’s facilities, property or boats, either ashore or afloat is prohibited. The consumption of alcohol may increase the risk of injury around docks, water and boats and the Charterer accepts that risk. The Operator shall not be liable for any personal injury or death arising from or in any way related to the use or consumption of alcohol or illegal drugs.

PERSONAL LOSSES

The Operator shall not be liable for loss of personal property and goods of the Charterer whilst on the Operator’s property or boats.

INSURANCE

The Boat chartered is customarily insured for the charter period as protection against any accidental loss or damage that may occur, or be caused by, the Boat during the charter period as long as the Boat remains in the cruising limits and perimeters established in clause 7 and is operated in compliance in all the terms and conditions of this agreement. Any excesses in connection with claims made under the policy may be debited by the Operator against the security bond. In case of loss, accident or breakdown, or a disaster, the Charterer shall give immediate notice to the Operator and shall not except to the extent necessary to avert or minimize damage to a loss of the Boat, attempt repairs without authorisation of the Operator.

INSURANCE LIMITATIONS

The insurance cover on the Boat does not usually cover Charterer negligence. The Charterer is liable for all damages or loss caused by him or other member of the charter party arising through his or any of the Charterer’s party’s negligence or incurred by malicious or wilful acts of the Charterer or members of the Charterer’s party. The Charterer’s liability extends to the Operator and other parties to the full cost of making good any loss or damage. The Charterer acknowledges that under this agreement he is not insured for, and may be liable for damages to persons or property arising in whole or part from the negligence of the Charterer. Failure to report groundings, hull and machinery damage to the operator at the time of the incident constitutes charterer negligence.

BAREBOAT HIRER’S LIABILITY INSURANCE:
This Policy is designed to protect you from claims made against you by others for Property Loss, Accidental Death, Bodily Injury or Illness to them caused by (or as a result of) your negligence. For this policy to apply to you, the hired vessel or the tender must be involved in the loss.

INDEMNITY

The Charterer shall indemnify, reimburse and hold the Operator harmless from and against any acts and all claims, losses, liabilities, demands, suits, judgement or causes or actions and all legal proceedings whether civil or criminal, penalties, fines, and other sanctions and any other costs and expenses in connection which may result from, or arise in any manner out of any matter related to this charter agreement or arise out of the management, control, encumbering use or operation of the Boat by the Charterer. No claim of any nature shall be brought against the Operator by the Charterer or any of the charter party and the Charterer agrees that he shall indemnify the Operator in respect of any amount paid by the Operator of any such claim.

TOTAL LOSS

Should the Boat become an actual or constructive total loss before or during the charter period, then the Operator may at its option substitute a vessel of similar type (if available) or deem this agreement to be at an end. In that event there should be no refund of any part of the charter fee. Should the boat become an actual constructive total loss before the charter period then the operator may at its option substitute a vessel of similar type (if available) or deem this agreement to be at an end and charter fee returned.

INOPERABLE BOAT

In the event that in the reasonable opinion of the Operator the Boat becomes inoperable during the Charter Period through action or inaction of the Charterer or any of his party the Operator may at its option terminate this agreement and retain all charter fees paid along with the bond. The Operator may then at its option offer a further charter to the Charterer on another vessel. The Charterer shall if he accepts the offer then pay another security deposit and all costs of the further charter including the charter fee.

WATER SPORTS

The Operator and its insurance underwriters shall not be liable for accidents, injuries or death due to: swimming: windsurfing: the use of the Boat’s dinghy and outboard engine: or the use of snorkels, masks, fins or scuba equipment whether supplied by the Operator or otherwise. The user of the equipment referred to in this clause must ascertain that he is experienced, qualified and capable of using the equipment and the equipment is suitable and in good condition for the purpose for which it will be used and for the person using it.

RADIO ARRANGEMENTS

The Charterer agrees to contact the Operator’s base on or within such time as the Operator may at its discretion stipulate to the Charterer on each day of the charter period and furnish necessary details of the Boat’s position and the Boat’s intended plans for the day and intended anchorage position for that evening. In the event that the Charterer fails to so notify and contact the Operator’s base within the specified time, then that Charterer shall be responsible for all costs or expenses incurred by the Operator in searching for the Charterer including but not limited to, the hire of aircraft or other means of transport.

GOVERNMENT FEES AND FUTURE TAXES

Charterer’s pay a fee of $20.00 per person payable on arrival in cash for costs of the use of the Great Barrier Reef Marine Park. The Charterer shall also pay and discharge without exception all taxes, charges, assessments and outgoings and impositions relating to the charter imposed by or under federal or state law, or by federal, state or local authorities and whether on a capital or revenue basis or any other basis and even though of a novel character which may an any time be introduced during the period from execution of this agreement to the end of the charter period.

NON-ASSIGNMENT

The Charterer shall not assign or sub-charter his interest in the Boat without the prior written consent of the Operator. The Operator may assign its rights this agreement.

APPLICABLE LAW

Should there be any dispute relating to retention of bond moneys or any other aspect of this agreement then as a pre-condition to the commencement of any legal proceeding the charterer must submit any claim or dispute it has to the operator in writing setting out with reasonable particularity the details of the claim or dispute. The Operator shall respond in writing to the Charterers written submissions within 14 days. In the event that the matter cannot be resolved without recourse to litigation then the dispute shall be referred to the appropriate court referred to in clause 26b. This agreement shall be governed by the laws of the State of Queensland and the Commonwealth of Australia and any dispute arising or relating to the agreement or the charter shall be referred to the courts of Queensland and be heard at the nearest relevant court, being the Magistrates Court at Proserpine, the District Court at Bowen or the Supreme Court at Mackay.


LUXURY FULLY CREWED TERMS AND CONDITIONS

Please contact your consultant for your specific yacht’s booking policy.

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 is made).  In the event of bookings made within 7 days of the charter, credit card details may be required as security.

CANCELLATIONS

Please contact your consultant for your specific yacht’s cancellation policy

PAYMENT STAGES

  • 20% non-refundable to secure the booking
  • 20% 90 days prior to the commencement date of the charter
  • 10% 60 days prior to the commencement date of the charter
  • 50% 30 days prior balance is due
  • An additional 10% of the total value of the charter is collected with the final payment to cover expenses that may occur during the charter and will be refunded within 7 days after completion of the charter.

FINAL PAYMENT

Full payment is due 30 days prior to the charter start date unless otherwise negotiated.

METHOD OF PAYMENT

Payment options are:

  • Visa and Bankcard – 1.5% transaction fee.
  • Mastercard – 2.8% transaction fee.
  • Amex – 3.5% transaction fee.
  • Direct Deposit – no fee: BSB 084 501 Account 56447 3997 Name: Whitsunday Holidays – National Australia Bank

WEATHER

A charter cannot be cancelled or refunded due to inclement weather conditions.


BY THE CABIN TERMS AND CONDITIONS

A $500 deposit is required to secure and confirm your booking. The balance of payment is due 70 days prior to the arrival date

Payment options are:
Visa and Bankcard – 1.08% merchant transaction fee.
Mastercard – 1.08% merchant transaction fee.
Amex – 1.8% merchant transaction fee.
Direct Deposit – no fee – contact us for bank details
Cheque: Payable to Whitsunday Holidays, PO Box 41, Hamilton Island, Qld 4803

YOUR CONTRACT

When making your booking, the person signing the booking form (the “Party Leader’’) must have and is taken by us to have the authority to do so on behalf of all the other people covered by the booking. Where “you” or “your” is used, this is the Party Leader and all people covered by the booking. By signing the form it means all people covered by the booking have read and accepted these Booking Conditions. The Party Leader will be responsible for the full cost of the charter, including any insurance premiums and cancellation or amendment charges and will also be responsible for any amounts for which you may be liable in relation to the charter. A contract exists as soon as you pay the booking deposit and by making that payment you will be deemed to have accepted our quotation invoice and agree to be bound by our booking conditions. This contract is made on the terms of these Booking Conditions which are governed by New South Wales Law and we both agree to submit to the jurisdiction of the New South Wales Courts at all times.

YOUR CHARTER PRICE

The prices quoted are in Australian Dollars. Once you have made your booking and paid a deposit of $500 per charter, the cost of your charter will not normally be subject to any change. However, we reserve the right to increase/surcharge or decrease prices, due to variations in service charges, security/insurance levies or fluctuations in exchange rates used to calculate the cost of your charter. The balance of the price of your charter must be paid at least 10 weeks before your departure date or if it is booked less than 10 weeks before the departure date, upon making the booking. If the balance is not paid in time, we may cancel your arrangements and retain your deposit. In addition, if payment is late, clients paying their charter balance by credit card will be charged an additional 1% surcharge per month on the balance overdue. Contract start time is 1200 hrs on your first day of charter and disembarkation time is 1000 hrs on your last day of charter. If you return your vessel after 1000 hrs on your last day of charter you will be charged AUD$500 per hour for each hour after 1000 hrs.

IF YOU CHANGE YOUR BOOKING

If, after our confirmation invoice has been issued, you wish to change your arrangements in any way we will do our utmost to make these changes, but it may not always be possible. Any request for changes to be made must be in writing signed by the Party Leader. You will be asked to pay an administration charge of $20 plus any further cost we incur in making this alteration. Please check whether your holiday insurance will cover any changes or increased costs resulting from a change. Should you request a major alteration within 10 weeks of departure date (such as a change of date or area) then this will be treated as a cancellation and re-booking. Certain arrangements cannot be changed after a reservation has been made and any alteration will incur a 100% cancellation charge. Changes from a brochured charter booking to late availability or other special offers will not be permitted. Requests for changes to your booking should be sent to our Reservations Department.

IF YOU CANCEL YOUR CHARTER

You or any member of your party may cancel your arrangements at any time. Written notification of cancellation from the Party Leader must be received at our offices on Hamilton Island referred to in paragraph 1. Cancellation will be effective on the date it is received by Sunsail together with any travel
documents already issued to you. Cancellation charges are payable as follows:

Period before departure within
which notice of cancellation or
major change is received by us
More than 70 days Deposit only
70-43 days 40% of total charter cost
42-15 days 60% of total charter cost
14 days and under 100% of total charter cost
Note: If the reasons for your cancellation are covered under the terms of your insurance policy, you may be able to reclaim these charges

IF WE CHANGE OR CANCEL YOUR CHARTER

We reserve the right to make changes should they become necessary. Most of these changes will be minor and we will advise you of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. We will not cancel your arrangements less than 15 days before your departure date, except for reasons of Force Majeure or failure by you to pay the final balance. If we are unable to provide the booked travel arrangements and have had to cancel them before the charter is due to start, you can either:

• Accept our offer of a replacement charter of equivalent or higher quality (subject to availability).
• Accept our offer of a replacement charter of lower quality (subject to availability) and we will refund the difference in cost.
• Accept a full refund of the money you have paid.

No compensation will be paid nor a replacement charter offered where the change or cancellation is due to Force Majeure. “Force Majeure” means unforeseeable and unusual circumstances beyond our control. Such circumstances or events include (but are not limited to) war or threat of war, riot, civil strife, industrial dispute, unavoidable technical problems with transport, closure or congestion of airports, terrorist activity, natural or nuclear disaster, fire and adverse conditions.

CHARTER TERMINATION AND INDEMNITY

You must accept responsibility for the proper conduct of yourself and any members of your party. We reserve the right in our absolute discretion 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 our opinion is likely to cause distress, damage, danger or annoyance to their crew, other customers, staff, any third party, any person or to property. Upon such termination our responsibility for your charter ceases and we shall not be liable for any extra costs incurred by you.

IF YOU HAVE A COMPLAINT

If you have a problem during your charter, please inform a relevant member of our staff immediately, who will endeavour to put things right. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our Company. It is strongly suggested that you
communicate any problem to our base staff without delay and complete a report whilst at the base. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were on the charter and this may affect your rights under this contract.

It is unlikely that you will have a complaint that cannot be settled amicably between us. However disputes to do with this contract which cannot be settled amicably, may (if you wish) be referred to an independent Arbitrator agreed to by both parties. This will be done to ensure an outcome can be achieved with a minimum cost to both parties.

EQUIPMENT AND YACHT INSURANCE COVER

Our equipment and yachts are comprehensively insured. Our policy provides full cover for the equipment and yachts and no less than $10,000,000 third party cover for your skipper and crew. However you may like to take out one- off public charter’ liability. We are not responsible for any loss which you may suffer as a result of the insurers failing to indemnify any risk through your providing incorrect information on the booking form. You may choose to take out charterer’s liability cover for the period of your charter. A damage waiver payment must be paid at the time of your final balance to which should cover minor accidental damage to the charter yachts. The amount is determined by the size of yacht. A blank credit card imprint is also taken on arrival to our base. This is to cover against any loss of equipment or for any additional services or goods you may require during your charter. However, should damage or loss be caused as a result of willful damage by a client, a client under the influence of alcohol or drugs or as a result of not obeying our staff ’s instructions, then he or she will be liable for the full amount of repair or replacement. Adults will at all times be responsible for minors in their charge.

SAFETY

The Party Leader is responsible for assuring that he/she and the crew are competent to undertake the planned itinerary. The Party Leader must take note of safety information contained in any written material or delivered in the yacht and chart briefings and is responsible for briefing the crew on this, the yacht and its systems.

  • The Party Leader is responsible for checking the inventory and yacht systems before the yacht makes passage.
  • The Party Leader has primary responsibility for the safety and acts or omissions of the crew and craft at all times.
  • Yachts may not be sailed single-handed and the second crew member should be fit and have at least a basic knowledge of yachts.
  • As with other activity based holidays, watersports activities contain an element of risk. It should be understood that participation in these activities is your decision and at your risk.
  • The Party Leader has primary responsibility for the safety of the crew and craft at all times.
  • Neither night sailing nor partaking in any third party race is permitted without our prior written approval.

In the interests of the safe conduct of your charter, we and our staff may order a change to your itinerary, decide whether or not conditions are safe to use a craft or make a passage and whether this should be under power or sail. We will not be liable in any way if these changes are made. You must follow the instructions of our staff at all times.