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.
- 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 agree’s not to make any claim for costs or replacement for lost, stolen or damaged personal property against the Operator, agents and sub- contractors.
- 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.
- 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. No refund payable.
4.7 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.
- DIVE CHARTER
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 waviers 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 responsibilty 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 discission which dive site is to be dived.
5.9 The Operator reserves the right to cancel a scheduled dive Charter if the minimum number of passengers is not meet. In this event full refund is payable.
- 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 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.
6.7 Generally, the vessel will be anchored for meals or part thereof.
7.8 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.
- 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.
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 If hire equipment is damaged during the hire period, the cost of repairs will be at the Charterers/ hirer’s cost.
10.3 The Charterer agrees to pay Sydney Dive Charters for lost hire equipment. Sydney Dive Charters will endeavour to replace the lost equipment at the best price for the Charterer/ hirer.
11. ACCEPTANCE BY THE CHARTERER
11.1 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.
11.2 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.