Terms and Conditions
CHARTER AGREEMENT
INCLUDED IN STANDARD CHARTER RATES
- Qualified Crew in accordance with requirements for vessel consisting of a Master and a Stew/Deck.
- Vessel’s standard supply of Non-Alcoholic beverages.
- Collection of Catering and Alcoholic beverages by crew prior to the charter, as arranged with charter booking agent.
- Fuel for Vessel and Tender for agreed upon Charter itinerary.
- Use of Vessel’s Tender if required, operated by crew only.
- Use of 2 x stand up paddleboards.
- Use of premium quality Snorkelling equipment.
NOT INCLUDED IN STANDARD CHARTER RATES
- Alcoholic Beverages (All BYO)
- Catering (All BYO) – Catering to be arranged prior to charter date through external companies.
- Special non-alcoholic beverage requests that are not part of the Vessel standard supply.
- Crew gratuity (at the Charterer’s discretion).
- Additional dockage at Charter’s request – ie. Pick up from Airlie Beach, Daydream Island, or elsewhere.
- Stinger suits (required between November and May). Suits can be hired at Hamilton Island Watersports and needed for snorkelling.
1) DEFINITIONS
In this AGREEMENT, the following terms have the following corresponding meaning:
CHARTER means the cruise for which the CHARTERER is paying and YACHTSMEN INTERNATIONAL is providing. CHARTERER means the client who is paying for the CHARTER.
CHARTERER’S GROUP means all passengers who will take part in the CHARTER.
MASTER means the dully qualified person in charge of the VESSEL.
VESSEL means YACHTSMEN INTERNATIONAL’S mentioned VESSEL specified in the schedule
2) INVOICES
Invoices are only valid for 7 days, and CHARTER dates are still available to other parties to book until funds are received in YACHTSMEN INTERNATIONAL’S Trust Account.
3) SECURITY DEPOSIT
The CHARTERER shall provide credit card details for a Security Deposit to YACHTSMEN INTERNATIONAL prior to commencement of the CHARTER (held with credit card details on file). YACHTSMEN INTERNATIONAL may use the details in the event that the CHARTERER or the CHARTERER’S GROUP causes damage or loss to the VESSEL during the CHARTER.
4) RIGHT OF REFUSAL
YACHTSMEN INTERNATION reserves the right to refuse bookings which contravene these Bookings Terms and Conditions. The CHARTERER must provide all necessary details to YACHTSMEN INTERNATIONAL about the CHARTER and the CHARTERER’S GROUP.
5) SPECIAL EVENTS, PUBLIC HOLIDAYS, PEAK SEASON
Special Events, Public Holidays, and Peak Season will be dependent on the vessel location and YACHTSMEN INTERNATIONAL reserves the right to amend payment terms on these busier dates and the CHARTER FEE will reflect these increased rates.
6) TENTATIVE BOOKINGS
Tentative bookings will be held in good faith for a mutually agreed length of time pending payment of a deposit, or until another party wants to book the same date, whichever is sooner. The booking is not secured until a deposit has been received into YACHTSMEN INTERNATIONAL’S Trust account and this signed AGREEMENT returned.
7) CONFIRMED BOOKINGS
A CHARTER will be confirmed on receipt of the Deposit and cleared into YACHTSMEN INTERNATIONAL’S Trust Account and signed acceptance of these Terms and Conditions. All bookings made within 21 days of the CHARTER Date require payment in full at the time of booking. Any payment confirms the CHARTERERS acceptance of these Bookings Terms and Conditions even if the AGREEMENT is not signed by the CHARTERER.
8) DEPOSIT
The deposit payable is 50% of the TOTAL CHARTER FEE unless otherwise specified in the Deposit and Final Payments. If the CHARTER is booked within 21 days of the CHARTER, full payment of the CHARTER FEE is required.
9) FINAL PAYMENT
Final guest numbers and final payment are required 21 days prior to CHARTER unless otherwise agreed. After this time guest numbers may increase or decrease, if agreed by YACHTSMEN INTERNATIONAL, however guest numbers cannot exceed the Maximum Number of Passengers stated in the PARTICULARS OF CHARTER and YACHTSMEN INTERNATIONAL reserves the right to refuse entry to guests above the Maximum Number of Passengers.
10) PAYMENT METHOD
Electronic Funds Transfer (EFT) to YACHTSMEN INTERNATIONAL’S nominated Australian Bank (Trust) account as stated on the invoice as preferred method; or credit card; Mastercard, Visa, or American Express. All bank fees at both the CHARTERER’S and YACHTSMEN INTERNATIONAL’S end are the responsibility of the CHARTERER. A credit card surcharge of 2.2% for Mastercard and Visa, 3% for American Express, is applicable to all payments.
11) CANCELLATION
More than 60 days prior: An alternative CHARTER Date may be arranged with no rebooking fee, or a Credit held with YACHTSMEN INTERNATIONAL for a 12-month period for the full amount for use with the VESSEL specified in the Particulars of Charter only. Alternatively, the deposit can be refunded to the CHARTERER less 10% for booking and administration purposes.
Between 60 – 21 days prior: Deposit is not refundable. An alternative CHARTER Date may be arranged, or a Credit held with YACHTSMEN INTERNATIONAL for a 12-month period for use with the VESSEL specified in the Particulars of Charter only.
Between 21 – 7 days prior: Full payment is not refundable. If within these days the CHARTER is postponed at the request of the CHARTERER, then a $1,000 rebooking fee applies along with and any rate difference. The alternative CHARTER Date must be confirmed at the time of postponement. Consideration will be given to food and beverage catering charges that have not yet been incurred by YACHTSMEN INTERNATIONAL.
Within 7 days prior: No refund, credit, or postponement will be issued, and full payment of the Charter Fee will be payable. Consideration will be given to food and beverage catering charges that have not yet been incurred by YACHTSMEN INTERNATIONAL. Cancellation by YACHTSMEN INTERNATIONAL for; severe weather, safety, VESSEL inoperability, or any other reason is at the MASTER’s discretion. In the unlikely event of cancellation by YACHTSMEN INTERNATIONAL, where available, YACHTSMEN INTERNATIONAL reserves the right to substitute a suitable alternative VESSEL or an alternative CHARTER Date suitable to both parties will be offered.
All cancelations and postponements must be made in writing to be valid and considered.
12) COVID-19 CANCELLATIONS AND CONDITIONS
If government regulations or Covid-19 related illness prevents the CHARTERER from commencing the CHARTER, the remedy is to reschedule the CHARTER and the funds will be held as a credit for a 12-month period. The credit can only be used for the VESSEL specified in the Particulars of Charter.
Case by case scenarios may result in alternative actions at YACHTSMEN INTERNATIONAL’S discretion.
13) CATERING ADDITIONAL CHARGES
For day CHARTERS where food catering has been requested through YACHTSMEN INTERNATIONAL; 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.
14) ADDITIONAL CHARGES
Any additional charges on the day of the CHARTER are to be immediately charged to the credit card provided by the CHARTERER. This includes but is not limited to; extensions of CHARTER, additional services, waiting time for embarking or disembarking at metred wharves, water taxis, and any other charges for products or services requested by the CHARTERER.
15) RESPONSIBLE SERVICE OF ALCOHOL
The VESSEL operates under the Responsible Service of Alcohol (RSA) and as such reserve the right to refuse service to the CHARTERER and the CHARTERER’S GROUP under 18 years of age or who is perceived intoxicated, for all CHARTERS including those who utilise Bring Your Own (BYO) beverage service. Wherever alcohol is served substantial food must also be provided by the CHARTERER to satisfy the RSA obligations.
The VESSEL reserves the right to refuse entry to passengers who arrive intoxicated or to terminate the CHARTER if it is deemed that intoxicated passengers pose a threat to the safety of its passengers, crew, and VESSEL. The CHARTERER and the CHARTERER’S GROUP are not permitted to carry alcohol from the VESSEL on disembarkation, a suitable collection time can be arranged on another day for left over beverages. In line with RSA, the VESSEL’s Crew are happy to assist passengers to book suitable transport for their safe onward journey after disembarkation.
16) CHARTER COURSE
The course to be undertaken during the CHARTER may be agreed in advance with YACHTSMEN INTERNATIONAL or with the MASTER on the day of CHARTER. The CHARTERER acknowledges that the MASTER always has sole discretion to take whatever action is necessary to protect and maintain the safety, welfare, and good order for the VESSEL, its passengers, and crew with regard to cruising course, weather conditions, anchorage, clearance, and any other activity on the water.
17) WEATHER CONDITIONS
Rescheduling of the CHARTER by the CHARTERER to unfavourable weather conditions are subject to the cancellation terms in clause 11. YACHTSMEN INTERNATIONAL or the VESSEL are not responsible for the weather conditions and any adverse weather conditions do not give the CHARTERER 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 unsavoury conditions unless weather warnings are in place and the MASTER is solely responsible for calling a cancellation or postponement.
18) SHOE 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 to put on once disembarked from the VESSEL. Exception will be made by prior arrangement for guests with medical conditions that require them to wear shoes.
19) SMOKING POLICY
YACHTSMEN INTERNATIONAL has a no smoking policy to avoid damage to the VESSEL caused by ash/embers. A designated outdoor smoking area onshore will be advised by crew for 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.
20) EMBARKATION AND DISEMBARKATION
The VESSEL will dock at the agreed times stated in the PARTICULARS OF CHARTER. All passengers have 15 minutes to board and 15 minutes to disembark. Where the VESSEL is using a wharf with time limits, it is understood by the CHARTERER that the VESSEL may have to depart the wharf without all passengers. In this event where available the VESSEL will attempt to dock to pick-up late passengers during the next available period. Any fees associated with extending embarking or disembarking will be charged the CHARTERER’S credit card on the day.
21) SWIMMING AND WATERSPORTS ACTIVITIES
Swimming and/or water sport activities, including Stand Up Paddle Boards, must be arranged ahead of CHARTER, so a suitable charter course and swimming location can be provided. Swimming and water sport activities are only permitted during daylight hours, when the VESSEL is at anchor, and all passengers entering the water do so at their own risk. YACHTSMEN INTERNATIONAL and the VESSEL take absolutely no responsibility for your safety for swimming and any water activities that carry throughout the CHARTER.
21.1 ACTIVITY WAIVER
An Activity Waiver will need to be signed at the beginning of the CHARTER by the CHARTERER and each of the CHARTERER’S GROUP if they wish to participate in any activities off the vessel during the CHARTER.
21.2 SWIMMING AND ALCOHOL CONSUMPTION
YACHTSMEN INTERNATIONAL does not permit any swimming off the VESSEL or participating in any water sport activities after the consumption of alcohol and reserves the right to prevent any passenger/s who are deemed unfit from entering the water to ensure the safety of passengers, crew, and equipment.
21.3 WATER SPORTS
Due care and diligence will be given to the sea state on the CHARTER Day. The CHARTERER acknowledges that the MASTER always has sole discretion to cancel water sports due to unfavourable weather conditions (including but not limited to wind, severe weather, tidal currents, or risk associated from marine wildlife). If an additional cost for Water Sport has been incurred, it will not be reimbursed to the CHARTERER. Any additional cost to hire an extra Crew for specific water sports will not be refundable.
22) SWIMMING AND WATERSPORTS ACTIVITIES
During stinger season (November to May) it is strongly advised for the CHARTERER and the CHARTERER’S GROUP to wear a stinger suit when entering the water. Stinger suits need to be hired by the CHARTERER prior to the CHARTER and at their expense. If the CHARTERER or the CHARTERER’S GROUP fail to adhere to this advice, they do so at their own risk.
23) RESPONSIBILITY OF THE CHARTERER
The CHARTERER is at all times responsible for the conduct of the CHARTERER’S GROUP. All passengers fall under their responsibility.
24) DAMAGE TO THE VESSEL
The CHARTERER shall be liable for any loss or damage to the VESSEL or its equipment or fittings howsoever caused by the CHARTERER or the CHARTERER’S GROUP. Fair wear and tear is excepted, to a degree determined by the MASTER onboard and exceeding this – an invoice will be provided for payment to rectify if any have occurred below:
A Loss or damage to the yacht, it’s fittings, bedding, or any equipment, caused by the CHARTERER or the CHARTERER’S GROUP.
Any unreasonable amount of excessive uncleanliness caused by the CHARTERER or the CHARTERER’S GROUP.
25) DECORATIONS
The CHARTERER may place decorations on the VESSEL during the CHARTER ONLY if approved in advance. CHARTERER is responsible for set up and removal. Decorations must NOT be placed using adhesive tape, pins, tacks, or any other material which will damage or mark the VESSEL. All decorations must be removed at the end of the CHARTER.
26) LIMIT OF LIABILITY
It is a condition of the CHARTER the liability of YACHTSMEN INTERNATIONAL, their agents, employees, and subcontractors is agreed to be limited in accordance with the Limitations of Liabilities and Maritime Claims Act 1989 (Cth) and that any claim for loss or damage must be notified in writing within 7 days from the day of the CHARTER and any court action, suit or proceeding must be brought within 365 days of the CHARTER Date.
27) RISK WARNING
There are inherent risks and dangers onboard any VESSEL. The CHARTERER and the CHARTERER’S GROUP participate in the CHARTER at their own risk.
28) INDEMNITY
The CHARTERER agrees to indemnify and hold harmless YACHTSMEN INTERNATIONAL, their agents, employees, and subcontractors from and against any and all losses, claims, actions, costs, expenses, fees, damages, fines and liabilities (including reasonable legal fees) caused by any negligent act or omission by the CHARTERER or members of the CHARTERER’S GROUP including:
Failure to follow any reasonable direction given by the MASTER or Crew;
Failure to comply with any of these terms or conditions;
Failure to comply with any warning signs;
Unreasonable or unsafe behaviour;
Wilful misuse of the equipment or facilities of the VESSEL;
Intoxication or the use of prohibited drugs.
29) JURISDICTION
The laws of Queensland govern this agreement, and the parties agree to submit to the jurisdiction of the Courts of Queensland in respect of any disputes arising between them.
30) SAFETY – MASTER’S AUTHORITY
The CHARTERER and the CHARTERER’S GROUP will comply with all directions given by the MASTER of the VESSEL. The MASTER at anytime, can a.b. c. d. or will terminate the CHARTER if they:
SAFETY BRIEFING: All guests must participate in a safety briefing issued by the MASTER and Crew at the beginning of the Charter.
Safety compromised: If the MASTER believes the safety of the VESSEL or CHARTERER or the CHARTERER’S GROUP on the CHARTER to be at risk or refuse to comply with the MASTER’S directions, the CHARTER will be terminated immediately, and the VESSEL returned to the point of embarkation with no refunds or liability for early return.
Illegal Substances: If the MASTER believes there is use of illegal substances onboard, the MASTER will terminate the CHARTER immediately and the VESSEL will be returned to the point of embarkation with no refunds or liability for early return.
Jumping Overboard: If at any time, the CHARTERER or a member of the CHARTERER’S GROUP is to jump overboard whilst the VESSEL is moving, the CHARTER will be terminated immediately by the MASTER, and the VESSEL returned to the point of embarkation. The person may be reported to the QLD Water Police and face appropriate fines.
31) SECURITY DEPOSIT / EXTRA FEES
EXTRA FEES
Extra fees will be charged if there is damage to the yacht or an unreasonable amount of uncleanliness caused by the CHARTERER or the CHARTERER’S GROUP, outlined in the above CHARTER AGREEMENT. Please complete the below form, to be held for record by YACHTSMEN INTERNATIONAL until completion of CHARTER.
The CHARTERER acknowledges that they are chartering a high value VESSEL and that utmost care must be taken at all times. Any damages caused by the CHARTERER or the CHARTERER’S GROUP will be the responsibility of the CHARTERER, who will reimburse all costs of rectification to the VESSEL. Care should be taken with all surfaces and no products should be used that could mark fabrics or cause damage to the premium finishes of the VESSEL.