Whitsunday Premier Yachting Charter Terms for travel between 06-May-2012 and 31-Dec-2017

1. YOUR CONTRACT

Your 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. When confirming your booking, the person signing the booking confirmation 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 holiday, 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 holiday. This contract is made on the terms of these Booking Conditions which are governed by Queensland Law and we both agree to submit to the jurisdiction of the Queensland Courts at all times.

2. YOUR HOLIDAY PRICE

The holiday price quoted is in Australian Dollars. Where prices are indicated in printed material, they are accurate at the date of publication but could have since changed. Prices in printed material supersede all prices in other material printed at an earlier stage. Once you have made your booking and paid the relevant deposit, the cost of your holiday 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 holiday.

The balance of the price of your holiday 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. If you book through a travel agent, all contact with you will be via them. Money which you pay to the travel agent will be held by them on our behalf. In addition, if payment is late, clients paying their holiday balance by credit card will be charged an additional 1% surcharge per month on the balance overdue.

Please be advised that if you return the charter vessel after the specified time on your last day of charter you will be charged a late return fee for each hour after the specified disembarkation time as stipulated on your booking confirmation.

3. 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 and signed by the Party Leader or your travel agent. You will be asked to pay any further cost we incur in making this alteration.

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. Changes from an advertised booking to late availability or other special offers will not be permitted. Requests for changes to your booking should be sent in writing.

4. IF YOU CANCEL YOUR HOLIDAY

You or any member of your party may cancel your arrangements at any time. Written notification of cancellation from the Party Leader or your travel agent on your behalf must be received by the operator and cancellation will be effective on the date of receipt.

Cancellation charges are payable as follows.
 

5. IF WE CHANGE OR CANCEL YOUR HOLIDAY

The arrangements for holidays as advertised in our brochures are made many months in advance and it is sometimes inevitable that changes or cancellations may need to be made. We reserve the right to make such changes should they become necessary. Most of these changes will be minor and we will advise you or your travel agent 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 14 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 holiday is due to start, you can either:

• Accept our offer of a replacement holiday of equivalent or higher quality.

(Subject to availability).

• Accept our offer of a replacement holiday of lower quality (subject to availability) and we will refund the difference in cost.

• Accept a credit towards a future Yachting holiday with the operator.

The operator will not accept any responsibility for any incidental costs such as flights and accommodation associated with the holiday.

No compensation will be paid nor a replacement holiday 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.

6. HOLIDAY 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.

7. IF YOU HAVE A COMPLAINT

If you have a problem during your charter, please inform a 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 operator. We strongly suggest that you communicate any problem as soon as possible.

To our staff without delay and complete a report whilst on holiday. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint during your holiday and this may affect your rights under this contract.

8. OUR LIABILITY TO YOU

Other than as set out in these Booking Conditions or as implied by law, we are not liable for any loss or damage suffered or incurred by any person in relation to the holiday arrangements. In addition, we are not responsible or liable for loss, damage or theft of personal luggage and belongings. Please check with your insurance agent prior to departure to make sure you are adequately covered for any eventualities.

9. 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.

As with other activity based holidays, water sports 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 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. The Party Leader has primary responsibility for the safety of the sail guide, 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.

10. Equipment and Yacht Insurance Cover

Our equipment and yachts are comprehensively insured. We are not responsible for any loss you may suffer as a result of the insurers failing to indemnify any risk through your providing incorrect information on the booking confirmation form.

For yacht charter holidays, a yacht damage waiver must be Selected. Option 1 $60.00 per day reducing excess to $850 or Risk Assumption option 2 with an excess of $5000.

On arrival you will be required to complete a credit card authority form.

Option1 – With the payment of a daily rate you can limit your financial responsibility in a case where the yacht or its equipment sustains some type of loss or damage. The daily rate is paid at the time of booking and non-refundable. The excess will be deducted from the credit card provided on arrival, if a loss or damage occurs at a value lower than your applicable excess, then only the amount of such loss or damage will be charged to your card. If the loss or damage incurred exceeds your applicable excess then your credit card will be charged in the amount of the applicable excess.

If no loss or damage occurs your card will not be charged, however the yacht damage waiver does not cover acts of gross negligence, such as loss or damage sustained whilst sailing outside of the defined sailing area or hours, sailing under the influence of alcohol or drugs, running aground, or taking the yacht single handed or contravening anything listed on your charter briefing form or as stated in the operators Booking Conditions. Where the yacht damage waiver does not provide coverage, you will become financially responsible for the entire loss or damage.

Option 2 - There is not a daily rate for this option. The excess of $5000 will be deducted from the credit card provided upon arrival, if a loss or damage occurs at a value lower than your applicable excess, then only the amount of such loss or damage will be charged to your card. If the loss or damage incurred exceeds your applicable excess then your credit card will be charged in the amount of the loss or damage, which could possibly be the full value of the yacht and any associated third party damage.

If no loss or damage occurs your card will not be charged.

Whitsunday Premier Yachting Insurance