Terms & Conditions.

Yacht Charter Agreement Terms & Conditions

This agreement is between ALEON AUSTRALIA PTY LTD, AIRLIE BEACH, QLD ("Owner") and the undersigned party ("charterer").

 

1. PAYMENT

(a) The Total Charter cost must be paid to secure the booking on our booking partner Fareharbour.

(b) Advertised charter costs are not inclusive of any booking fees charged by our partners or booking agents. Please do your due diligence before proceeding with any booking to confirm the total spend.

(c) Extra charges incurred by the Charterer or any passenger during the Charter must be paid before departing the Yacht or after the Charter.

 

2. CANCELLATION

(a) If the Charterer cancels the Charter more than 24 hours before the commencement date of the Charter, the funds will be returned less a booking and administration fee.

(b) If the Charterer cancels the Charter less than 24 hours before the commencement date of the Charter, the deposit will be forfeited.

(c) In the event of the cancellation of the Charter due to an event beyond the control of the Owner, the Owner will have no liability about the cancellation and the Charterer will be entitled to a refund of any deposit or Charter Fee paid.

 

3. MASTER

(a) The Owner will provide a Vessel Master for the Charter who shall be competent and hold an appropriate skipper's license ("Master").

(b) During the Charter, the Charterer and all passengers must follow all directions of the Vessel Master.

 

4. DURATION OF CHARTER

(a) The duration of the Charter is the Charter Period noted at the time of booking.

(b) The Charter Period includes time taken by passengers to embark and disembark and the Vessel Master may pull into the point of disembarkation up to 10 minutes before the end of the Charter Period to allow time for passengers to disembark the Yacht.

 (c) The Owner is not responsible for any delays caused by the late arrival of the Charterer or any passengers, delays at the wharf caused by third parties or any other events beyond the control of the Owner.

(d) If, while the Charter is in progress, the Charterer wishes to extend the duration of the Charter, the extension will be at the sole discretion of the Vessel Master and will be charged pro rata of the Charter Fee & paid for on conclusion of charter via a credit card.

 

5. CHARTER COURSE

(a) The Charterer may agree upon a course in advance with the Owner or the Vessel Master. The Owner or Vessel Master may alter the agreed course at their sole discretion, having regard to any conditions which may affect the safety of the Yacht or any passengers.

 

6. COSTS

(a) The Owner will be liable for the cost of fuel (at the rate in the schedule) and other consumables incurred in running the Charter.

(b) The Charterer shall indemnify the Owner in respect of any loss or damage to the Yacht or its equipment or fittings arising from the negligence or malicious or wilful act of the Charterer or any passenger.

 

7. SUITABILITY OF YACHT

(a) It is the responsibility of the Charterer to inspect the Yacht before the Charter (at a time agreed with the Owner) to determine its suitability.

 

8. LIMITATION OF OWNER LIABILITY

(a) To the extent permitted by law, the Owner shall under no circumstances be liable to the Charterer for any loss, damage, claim, injury, or harm sustained or incurred by the Charterer or a passenger as a consequence of or resulting

directly or indirectly from the Charter including because of any default, fault or negligence of the Owner, Master or any crew, employee, agent, or contractor of the Owner, or for any indirect or consequential loss of any nature.

(b) In any event, the liability of the Owner, its servants, agents and sub-contractors is limited by the Limitation Of Liability For Maritime Claims Act 1989 (as amended, re-enacted or replaced).

 

9. BEHAVIOUR

(a) Rowdy or unruly behaviour, excessive consumption of alcohol, consumption of illegal substances or disposal of rubbish over the side of the Yacht is not permitted and may result in early termination of the Charter, discharge of passengers at the nearest safe location or summons of police, at the sole discretion of the Master or Owner.

(b) Any costs associated with the early termination of the Charter due to unacceptable behaviour will be worn by the Charterer.

(c) The Charterer will not be entitled to a refund for early termination of the Charter due to unacceptable behaviour.

(d) Any fines imposed by the relevant authorities concerning rubbish thrown over the side of the Yacht by a passenger, or any other claim or cost incurred due to the unacceptable behaviour of the passenger will be the responsibility of the Charterer.

 

10. DECORATIONS

(a) The Charterer may place decorations on the Yacht during the Charter Period unless other arrangements have been made with the Owner.

(b) Decorations must not be placed using adhesive tape, pins, tacs, or any other material which will damage or mark the Yacht.

(c) Decorations must not leave any marks, residue, or stains on upholstery, teak, carpets, or any other surface of the vessel. Decorations that pose an environmental hazard are not permitted onboard, i.e. rubber balloons, and plastic confetti.

4. (d) All decorations must be removed at the end of the Charter Period by the Charterer and disposed of appropriately.

11. GENERAL

(a) at any time during the day charter, a maximum of 35 guests is allowed at any one time on board.

(b) This agreement is governed by the laws of Queensland. Each party irrevocably submits to the non-exclusive jurisdiction of the

courts of Queensland and courts capable of hearing appeals from them and waiving any rights to claim an action brought in such courts has been brought in an inconvenient forum.

(c) Any part of this agreement, which is illegal, void or unenforceable shall in the first instance be read down to be valid, and if this is not possible, shall be severed from this agreement.

(d) This agreement may only be varied by agreement in writing.