Booking Terms & Conditions
- BOOKING CONDITIONS
1.1 If a coupon code is applied at time of booking the coupon code used must have been issued to the user only, no discount will be applied to the booking if the coupon code used is not issued to the individual, company or organisation claiming the discount.
1.2 The Operator reserves the right to cancel the Charter, or the discount applied by the used coupon code, if the Operator deems the coupon code used is done so by a individual, company or organisation that the coupon code was not issued.
1.2a If the Operator cancels the Charter for the misuse of a coupon code, refunds payable will be less any fees and charges incurred by the Operator.
1.3 Extra charges accumulated by the Charterer whilst on the agreed Charter i.e. Additional divers, bar or food etc is to be paid for in cash or by direct bank deposit prior to departing the vessel at the completion of the Charter, if not paid at this time and agreed to by the Operator, the Charterer agrees to pay all monies within 5 days of the date of Charter. If the Charterer does not pay within this timeframe the Charterer agrees to be bound by clause (1.5)
1.4 Extending the Charter outside the agreed times is to be paid for in cash or by direct bank deposit prior to any extension of the Charter taking place. If agreed to by the Operator the Charterer agrees to pay all monies within 5 days of the date of Charter. If the Charterer does not pay within this timeframe the Charterer agrees to by clause (1.5).
1.5 If the Charterer does not pay any outstanding monies the Charterer agrees to pay the amount owing plus compounding daily interest rate of 8% plus all incurred fees and charges including legal fees incurred by the Operator in the collecting of this outstanding debt.
1.6 If the Charterer has an outstanding amount for any services such as but not limited to hire equipment the Charterer authorises Sydney Dive Charters to charge the credit card used at time of booking the full amount of the outstanding fee plus the credit card surcharge payable.
2. LIMIT OF LIABILITY
2.1 It is a condition of the Charter that the liability of the Operator, its servants, agents and sub-contractors, is agreed to be limited in accordance with Part VIII of the Navigation Amendments Act 1979.
2.2 The Operator, its servants, agents and sub-contractors do not accept any liability for any personal property brought on board by the Charterer, such as, but not limited to dive gear, electronic equipment etc.
2.3 The Charterer agrees not to make any claim for costs or replacement for lost, stolen or damaged personal property against the Operator, agents and sub-contractors.
3. RELEASE OF LIABILITY – BOAT TRAVEL, EXCURSIONS AND SCUBA DIVING
3.1 The Charterer understands and agrees with the Release of Liability/Assumption of Risk/Non-agency Acknowledgement Form – Boat Travel, Excursions and Scuba Diving. This document is attached to the Sydney Dive Charters website for review. It is the responsibility of the Charterer to read this document, and if the Charterer books a Charter, Harbour Cruise, Whale Watching, Freedive or Scuba Dive or any other type of activity which is aboard Sydney Dive Charters vessel, it will be considered by Sydney Dive Charters that the Charterer has read and agrees to be bound by the terms and of this document. The Charterer agrees to the contents of this document by checking the terms and conditions box at the booking checkout.
3.2 The Charterer, assumes all risk and responsibility for any and all injuries sustained while aboard if he or she uses in water foot aids such as (fins) or any other form of foot swimming aid while aboard, either before or after their water activity such as but not limited to scuba diving, snorkelling or freediving, and further acknowledges that they are aware that moving about the vessel while wearing in water foot aids (fins) could negativity effected their balance and could result in injury.
3.3 If the Charterer falls and is injured prior to their water activity and he or she decides to continue with the water activity, the Charterer assumes all risks and agrees to not hold the Master, Divemaster, staff, crew, Firefish Charters or Sydney Dive Charters liable for any in water incident which may relate to any and all injuries sustained from the incident aboard which may or may not related to wearing the in water foot aid/s.
4. CANCELLATION – BOAT CHARTER BOOKINGS
If the Charterer cancels the Charter:
4.1 Charterer cancellation >14 days prior to the agreed Charter date – payment will be refunded less a 25% cancellation fee.
4.1a Change of date of Charter >14 days prior to the Charter date. The Operator may consider this request, but it is at the Operators discretion to make this change, and if made there will be an additional 25% fee payable before confirmation of the new time and date.
4.2 Charterer cancellation 14-8 days prior to the agreed Charter date – Payment will be returned less a 50% cancellation fee.
4.3 Charterer cancellation 7 days or less prior to the agreed Charter date – Loss of full payment
CANCELLATION – PASSENGER BOOKINGS
4.4 Passenger cancellation >7 days prior to date of Charter – refund less 20% cancellation fee.
4.5 Passenger cancellation 7 days or less of date of the Charter – no refund payable.
4.6 Passengers can produce a Medical certificate dated for the day of the Charter and receive a transfer of the booking, at no additional cost, to another days dive. Passengers must notify Sydney Dive Charters in writing that they cannot attend due to a medical issue prior to the date / time of their booking for Sydney Dive Charters to transfer their booking once a Medical certificate is received. No refund is payable.
4.7 Any Charterer or Passenger refunds does not include any third party fees paid such as credit card fees.
4.8 The Charterer may transfer his or her booking to another person to attend in their place, on the Charter already booked. This transfer must be on the same day and time already booked, in this event a $25 admin fee is payable before the vessels departure.
FORCE MAJEURE: In the event of a force majeure event including without limitation industrial action, unsuitable weather conditions, technical problems or other events beyond a party’s reasonable control, resulting in the cancellation of the Charter, the Operator will be free from liability for failing to provide a service and the Charterer will not be liable for any cancellation fees and will be entitled to a full refund of any amounts paid.
However, please note that force majeure due to weather conditions is only applicable when a cyclone or severe storm warning (wind speed over 40 knots) is issued by the Bureau of Meteorology and/or the Master of the vessel judges the waters to be unsafe to be cruising.
5.1 The Charterer agrees and states that the information he or she enters into the Sydney Dive Charters online booking form is true and correct, and can and will be used by the Operator, its servants, agents and sub-contractors to not only assess their diving history and ability but in the event of a dive injury or death rely on this information in any and all legal/ court actions.
5.2 It is the responsibility of the Charterer to ensure they provide the Operator their dive certification and log book prior to diving.
5.3 Divers will not be allowed to dive unless they have their certification card and/or log book for the Operator to review before departure.
No card, no dive, no refund.
5.4 The Charterer will complete Sydney Dive Charters waivers and dive log sheet.
5.5 Dive Instructors conducting a dive course onboard will ensure their students are always under their control and supervision.
5.6 Divemasters operating as dive guides takes full responsibility for divers after they depart the Vessel.
5.7 The Operator will make every effort to dive the advertised dive site, however can change the site due to but not limited to, weather conditions, such as, wind, sea state, tidal movement or currents, or for traffic density including fishing vessels. No refund is payable in this event.
5.8 The Charterer agrees the Operator has the final discussion which dive site is to be dived.
5.9 The Operator reserves the right to cancel/ postpone any Charter or dive Charter if the Operator deems the weather conditions unsafe, in this event all bookings will be transferred to another days operation/ diving. No refund is payable.
5.10 The Charterer must be at the wharf or beach pickup location at the selected time for boarding. It is up to the Charterer to be on time and at the boat ready to board with dive equipment made ready. If the Charterer misses the boats departure time for any reason no refund will be payable. Sydney Dive Charters will not able to return.
6.DURATION OF THE CHARTER
6.1 The duration of the Charter includes the time taken to embark and disembark passengers.
6.2 The Operator is not responsible for any delays caused by the late arrival of passengers or delays at the wharf caused by crowds or the arrival of other vessels or any other item beyond its control. The Operator is similarly not responsible for any delays that may occur at the point of disembarkation.
6.3 The Operator reserves the right to pull into the point of disembarkation up to ten (10) minutes prior to the scheduled time of disembarkation to allow for on-time disembarkation.
6.4 If the Charterer wishes to extend the duration of the Charter, during the Charter, this extension will be at the sole discretion of the Master. The Charterer will pay for any such extension by cash or direct bank deposit as per above clauses (1.5)
6.5 The Vessel will depart on time as per schedule, if a passenger is late the Vessel will not wait and no refund is payable to any passenger/s.
6.6 If the Charterer is late and misses the boat for whatever reason and disputes the credit card charge with their banking provider the Charterer agrees for Sydney Dive Charters to charge their credit card without notice an administration fee of $90per hour, minimum of 4 hours totalling $360.
6.7 The course to be undertaken during the Charter may be agreed to in advance by the Operator. However, the Operator reserves the right, at its sole discretion or that of the Master, to vary the agreed course due to weather, other vessel traffic or any other cause which the Master believes is justified in the interests of the safety of the passengers and crew.
6.8 Generally, the vessel will be anchored for meals or part thereof.
6.9 In the event that the Charter has commenced and is unable to be completed due to mechanical failure the Charter fee will be refunded on a pro rata basis.
7. SUITABILITY OF THE VESSEL
7.1 It is the responsibility of the Charterer to inspect the Vessel at some time prior to booking the Charter. If the Vessel is not to the liking or requirements of the Charterer it is at the sole responsibility of the Charterer and no refund is payable by the Operator.
7.2 The Vessel is surveyed for a maximum of 10 passengers/ divers. This number will be reduced at the discretion of the Operator to maintain the Vessels stability and/ or survey operational conditions.
Rowdy or unruly behaviour, for whatever reason, will not be tolerated. The vessel may have a “Responsible Service of Alcohol Policy” that will be supported during the course of the Charter. If behaviour falls outside the guidelines of this policy then the Master may, in conjunction with the Licensee, carry out the following:
8.1 Terminate the Charter by berthing the vessel at the nearest safe location and discharging the passengers. No refund will be payable.
8.2 Summons the Police to remove offending passengers.
8.3 Negotiate with the Charterer to agree on some other course of action to resolve the problem.
8.4 Any costs associated with the early termination of the Charter due to unruly or rowdy behaviour will be at the cost of the Charterer. If outstanding monies are owed to the Operator the Charterer agrees to the conditions in clause (1.5)
The Sydney Harbour Authority and Waterways does not allow any item/s to be thrown over the side of the vessel. Bins are provided for the disposal of garbage on board the vessel. Any fines imposed by the Authorities with respect to the items thrown over the side of the vessel by a member of the Charterer’s Group will be the responsibility of the Charterer.
10. HIRE EQUIPMENT
10.1 If the Charterer hires equipment from Sydney Dive Charters, he or she agrees to return the rental equipment in good working condition.
10.2 The Charterer/ hirer will be required to complete the hire gear document provided by Sydney Dive Charters at pickup.
10.3 The Charterer/ hirer will provide Sydney Dive Charters their drivers licence and agree for a copy to be made prior to picking hire gear up.
10.4 The Charterer/ hirer will provide their dive certification card prior to pickup and if no card is produced no hire gear will be provided.
10.5 In the event no certification card is produced the hire period will commence and end at the times booked with no refund payable for anytime not used or hired.
10.6 If hire equipment is damaged during the hire period, the cost/s of repairs to hire gear will be at the Charterers/ hirer’s cost.
10.7 The Charterer agrees to pay Sydney Dive Charters for lost hire equipment.
10.8 The Charterer/ hirer agrees Sydney Dive Charters can charge the Charterers/ hirers credit card without prior notice for the replacement of the lost rental gear.
10.9 The Charterer/ hirer agrees that if the same brand/ model of hire gear is not available for purchase Sydney Dive Charters can select a similar product for purchase without notice.
10.10 If the Charterer/ hirer returns the hire gear late, he or she agrees for Sydney Dive Charters to charge the Charterers/ hirers credit card the full rental rate each day until the hire gear is returned.
10.11 If the Charterer/ hirer disputes any additional chargers for late return, lost or damaged hire gear the Charterer/ hirer agrees for Sydney Dive Charters to charge the credit card an administration fee of $90per hour, minimum of 4hours, totalling $360
10.12 If the Charters / hirer cancels their booking 5-7day from the date / time of the booking Sydney Dive Charters will transfer the hire gear booked to another day but must be used by the Charter within 3 months of the date their original booking date.
10.13 If the Charter / hirer cancels their booking within 2days from their booking date / time no transfer is offered, nor any refund is payable.
11. GIFT CERTIFICATES
11.1 All gift certificates are valid for 12month period from the date of purchase.
11.2 Gift certificates for double boat dives are for the purchaser or their nominated person only unless agreed to in writing by Sydney Dive Charters.
11.3 Gift certificates that expire can be revalidated for a $25 fee and will be valid for a further 3month period
- ACCEPTANCE BY THE CHARTERER
12.1 The Charterer agrees and states that the information he or she provides when completing the online booking form will be true and correct, and can be used by the Operator for assessment of the Charter, this information can also be relied on in court if required.
12.2 Sydney Dive Charters reserves the right to update terms and conditions at anytime without notice.
12.3 It is the Charterer’s responsibility to read the above terms and conditions and the Release of Liability – Boat Travel, Excursions and Scuba Diving document before checking the terms and conditions box at checkout, and by checking the box acknowledges he/she has fully read, understands and agrees with all the terms and conditions listed above and the Release of Liability – Boat Travel, Excursions and Scuba Diving.
- COVID-19 REQUIREMENTS / CANCELLATIONS
13.1 It is a requirement by the Operator that all persons above the age of 12years must be fully vaccinated to board the vessel.
13.2 The Charterer agrees he/she will email or SMS their Australian Government Covid-19 Digital Certificate to Sydney Dive Charters at the time of booking. firstname.lastname@example.org / +61417 417 295
13.3 The Charterer will organise all members of their online booking to email or SMS their Covid-19 Digital Certificates to Sydney Dive Charters.
13.4 All passengers will comply with Federal and State Government requirements related to Covid-19, including but not limited to, QR Codes, wearing of masks while onboard, hand sanitizer, maintaining 1.5m spacing when possible while onboard.
13.5 Sydney Dive Charters reserves the right to refuse entry to any person if a valid Australian Government Covid-19 Digital Certificate is not received by email or SMS one (1) day (24hrs) prior to vessel departure time. No refund will be payable in this event.
13.6 Passengers are required to use the hand sanitizer supplied by Sydney Dive Charters at boarding and throughout the charter
13.7 In the event Sydney Dive Charters is required to shutdown operations due to Government Orders, Sydney Dive Charters will offer the Charterer another day/ time within 12months from the date of booking.
13.8 In the event of 13.7 it is Charterers responsibility to redeem his/ hers charter booking within the stated timeframe, it is not the responsibility of Sydney Dive Charters to notify the Charterer or his/ her guests to redeem their booking within the 12month timeframe.
13.9 If bookings are not redeemed within the 12month in the event of 13.7 the bookings will be cancelled without notice and no refund payable.
13.10 If the Charterer is restricted from attending the days booking due to Government Lockdown Orders related to their home address located in an LGA of concern, Sydney Dive Charters will keep their booking valid for 3month from the date of Government Orders being relaxed for their LGA.
13.11 In the event of 13.10 Sydney Dive Charters requires the Charterer to provide evidence of the Lockdown Order for their LGA.
13.12 In the event the Charterer is required to have a Covid-19 test and is required to self isolate, Sydney Dive Charters requires evidence of the Covid-19 test being completed prior to or on the date of the charter for any transfer of the days charter booking, booking transfer will be within 3months of the date of original booking. No refund will be payable in this event if charter is not completed within the stated timeframe.
13.3 If bookings are not redeemed within the 12month in the event of 13.1 the booking will be cancelled and no refund payable.
13.4 If the Charterer is restricted from attending the days booking due to Government Lockdown Orders related to their home address located in an LGA of concern, Sydney Dive Charters will keep their booking valid for 3month from the date of Government Orders being relaxed for their LGA.
13.5 In the event of 13.4 Sydney Dive Charters requires the Charterer to provide evidence of the Lockdown Order for their LGA.
13.6 In the event the Charterer is required to have a Covid-19 test and is required to self isolate, Sydney Dive Charters requires evidence of the Covid-19 test being completed 72hrs prior to the date of the charter for any transfer of the days charter booking, booking transfer will be within 3months of the date of original booking. No refund will be payable in this event if charter is not completed within the stated timeframe.
13.7 In the event the Charterer tests positive to Covid-19 and cannot attend the date of the charter, Sydney Dive Charters requires a Covid-19 PCR positive test to transfer the booking to a later date, which is valid for 12months from the charter date.
13.8 In the event of clause 13.7 being enacted by a Charterer who tests positive to Covid-19 and have had their booking transferred to a later date are required to provide Sydney Dive Charters with a negative PCR test which is dated within 72hrs prior to boarding.
- GIFT CERTIFICATES
14.1 All gift certificates are only valid for 12months from date of purchase.
14.2 The Charterer can request a gift certificate be emailed at time of purchase. Sydney Dive Charters will provide the gift certificate to the email listed at time of booking and will enter any text the Charterer lists in the notes when purchasing.
14.3 To redeem any gift certificate it must be redeemed within the 12month period from the date of purchase. Which means the gift certificates value must be used within the 12month period
14.4 To redeem any gift certificate the Charterer must either book online using the discount code located on the gift certificate, if a gift certificate was requested at the time of purchase. If the Charterer has not requested or been issued with a gift certificate the Charterer or the recipient of the gift certificate must contact Sydney Dive Charters in writing and book a dive or Charter within the 12 months from the date of purchase or the gift certificate becomes invalid unless special arrangements have been entered into in writing with Sydney Dive Charters.
14.5 Gift Certificates cannot under any circumstances be redeemed for cash or refund.
- Sydney Dive Charters reserves the right to update or change their terms and conditions without notice.