Terms and Conditions

We, Us, Our and similar expressions, refer to Luxy Charter Pty Limited (ABN 89 670 822 358), and where applicable its Related Bodies Corporate. You, Charterer and similar expressions, refer to the person, corporation, trust or partnership chartering the Vessel from Us.

Any quotation, application, or any hire schedule form part of these terms, whether signed by you or not (together with the terms, the Agreement). You should read and consider carefully these terms and conditions before making payment.

Charter means the cruise for which the You are paying and we are providing.

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.

Vessel means ‘Aqualuxe’ being a Cranchi MTR Cruiser 44ft and is described as our vessel which is the subject of these Terms.

1. General terms

In return for us agreeing to consider your Charter you agree that these conditions apply if we do accept your Charter. We are not obliged to accept any Charter from you, but if you do place an order with us then it becomes binding from the moment that we accept it even if we do not tell you that it has been accepted. Any quotation is merely an invitation to you to place an order with us. If you offer to Charter our Vessel, then your offer is subject to these conditions. These conditions prevail even if they are inconsistent with anything in any earlier or later order form or similar document.

2. Quotations

Quotes are valid for 14 days only, after which they may be subject to price changes.

3. Right of Refusal

We reserve the right to refuse bookings which contravene these Terms and Conditions. You must provide all necessary details to Us about the Charter and the Charterer’s Group.

4. Tentative Bookings

Tentative reservations will be held in good faith by us 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 and we have accepted your booking.

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 50% of the total estimated 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 you 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 us, 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. A credit card surcharge of 2.2% for Mastercard and Visa, and 3% for American Express, is applicable to all payments.

9. Cancellations

More than 30 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 or if the cancellation is less than 30 days prior, the deposit is not refundable.

Cancellations made 14 days or less prior to the date of the Charter will result in forfeiture of all amounts paid.

10. Additional Charges

Any additional charges on the day of service will be charged to your credit card. 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 us.

For Charters where food catering has been requested and agreed to be provided, menu selection, guest numbers, and dietary requirements are required 14 days prior to the charter date. Amendments to the menu selection, guest numbers, and dietary requirements can be requested up to 14 days prior to the charter but are subject to availability.

11. Responsible Service of Alcohol and Behaviour

We are bound by the NSW Liquor Act and must abide by the guidelines for the Responsible Service of Alcohol. We must refuse service of alcohol to both intoxicated persons and guests under the age of 18. The Master may refuse service of alcohol to any individual in the Master’s absolute discretion at any time. Intoxicated guests will not be permitted to board. The Master 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 are not considered to be substantial food. The Master has the right to refuse passengers boarding if sufficient food is not provided or if they are intoxicated. Guests are not permitted to carry liquor from the Vessel on disembarkation. Indecent behaviour on a licensed 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.

Nudity, prostitution and illicit drugs are prohibited on all licenced and unlicenced charters.

12. Restricted Areas

Hiring of this Vessel does not give you access to cabins and some other restricted areas of the Vessel, unless with permission of the Master or as specified otherwise. If you have booked an overnight or extended stay charter, your cabin will be allocated to you upon arrival to the Vessel.

13. Shoes Policy

The Vessel has a strict no shoes policy. All shoes will be collected prior to boarding and stored during the Charter. Shoes will then be returned to guests upon disembarkation from the Vessel. Exceptions will be made by prior arrangement for guests with medical conditions that require them to wear shoes.

14. Smoking Policy

There is a no smoking policy to avoid damage to the Vessel caused by ash/embers. A designated outdoor smoking area onshore will be advised by the crew when the Vessel is at anchor or berthed. Smoking of any kind (including e-cigarettes, unless given permission by the Master) is not permitted onboard at any time. Any damage caused by failing to comply with the no smoking policy may incur a repair fee.

15. Bond

You are required to pay a security bond as specified in the quotation. The security bond may be applied by us to cover additional costs including but not limited to damage to the vessel, its equipment and fittings, additional services, excessive cleaning charges and any other costs attributable to the Charterer’s Group. Any unused portion of the security bond will be refunded to you 7 days after the Charter.

16. Substitute Vessel

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

17. Weather Conditions

All Charters will proceed regardless of weather conditions unless deemed unsafe by the Master on the day. Cancellation or rescheduling of the Charter by you due to unfavourable weather conditions is subject to the cancellation terms in this agreement. We are not responsible for the weather conditions, and any adverse weather conditions do not give you the right to terminate the Charter. The Master will determine if the weather conditions are safe to operate the Charter as planned. There are no postponements for rain, strong winds, or unpleasant conditions unless weather warnings are in place and the Master is solely responsible for determining if a cancellation or postponement is appropriate.

18. Charter Course

The course to be undertaken during the Charter may be agreed in advance with us but is subject to confirmation by the Master on the occasion of the Charter. You acknowledge 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 water.

19. Embarkation and Disembarkation

Times of embarkation and disembarkation are to be strictly adhered to in order to avoid inconvenience and additional costs. The Charterer is responsible for ensuring that their guests board and disembark the Vessel at the times stated in the Charter confirmation. Any delays caused by the Charterer or their guests which result in additional costs (such as additional wharfage fees or changes to the Charter schedule) will be the responsibility of the Charterer.

20. Responsibility of the Charterer

Throughout the Charter, the Charterer is responsible for the actions and behaviour of their guests. The Charterer must ensure that all guests are aware of and comply with these Terms and Conditions, as well as any instructions given by the Master and crew. Any breach of these Terms and Conditions by the Charterer or their guests may result in the immediate termination of the Charter without refund, and the Charterer may be liable for any additional costs incurred as a result.

21. Damage to the Vessel

You are responsible for any loss or damage caused by you or your guests to the Vessel, its equipment and fittings. If the Vessel or any equipment or fittings are damaged during the Charter, we reserve the right to apply the security bond to cover the costs of repair or replacement. If the costs exceed the security bond, you will be responsible for the additional amount. You must also immediately report any damage or loss to the Master or crew.

22. Limit of Liability

To the extent permitted by law, we limit our liability to you for any loss or damage suffered by you arising out of or in connection with the Charter, whether in contract, tort (including negligence) or otherwise, to the amount paid by you for the Charter. We are not liable for any consequential, indirect or special loss or damage, or for any loss of profit, revenue, or goodwill.

23. Guarantees Warranties and Limitations

We do not provide any guarantees or warranties in relation to the Charter or the Vessel, except as required by law. Any conditions, warranties, or other terms implied by statute or common law are excluded to the extent permitted by law. If we are liable for any breach of a condition or warranty implied by law, our liability is limited to one of the following, as determined by us: (a) the supply of a similar Charter or service; (b) the refund of the amount paid by you for the Charter.

24. Indemnity

You agree to indemnify us and our officers, employees, and agents against any loss, damage, liability, or expense incurred by us in connection with the Charter, except to the extent that the loss, damage, liability, or expense is caused by our negligence.

25. Risk Warning

You acknowledge that the activities involved in the Charter involve a degree of risk, including but not limited to the risks associated with being on a vessel at sea, the possibility of injury or death, and the possibility of damage to property. You voluntarily accept these risks and agree to take reasonable precautions to protect your safety and the safety of your guests.

26. Swimming

Swimming is only permitted with the express permission of the Master, and only in designated safe areas. The decision to allow swimming is at the sole discretion of the Master, and the Master may revoke permission at any time if the conditions are deemed unsafe. Life jackets must be worn by all swimmers at all times, and no alcohol is to be consumed by anyone intending to swim. You and your guests participate in swimming activities at your own risk, and we are not liable for any injury or damage arising from swimming during the Charter.

27. Other Terms

We may agree to vary or waive any of these Terms and Conditions on a case-by-case basis, but any such variation or waiver must be in writing and signed by both parties to be effective. These Terms and Conditions constitute the entire agreement between the parties and supersede any prior agreements or understandings, whether oral or written.

28. GST

All amounts payable under these Terms and Conditions are exclusive of GST unless otherwise stated. If GST is payable on any supply made under or in connection with these Terms and Conditions, you must pay us an amount equal to the GST payable on the supply at the same time and in the same manner as the consideration for the supply is payable. We will issue a tax invoice to you in respect of any GST payable.

29. Jurisdiction

These Terms and Conditions are governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

30. Acceptance

Your payment of a deposit or final payment is deemed to be your acceptance of these Terms and Conditions.

Contact Us
Our Office
Double Bay Marina
8 Castra Place, Double Bay NSW 2028
Copyright © 2023 | All Rights Reserved Luxe Charter Pty Ltd ABN 89 670 822 358
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