Payment of A deposit signifies that you ACCEPT AND understand these conditions.

In this document “we”, “us”, “our” or “Operator” refers to Colleen Downs and David Downs, (CB and DE Downs ABN 99 198 403 641), who are providing yacht charters and associated services.

1. Tentative Bookings. If you ask us to place a hold on date and time, we will save that timeslot for you for up to seven days pending payment of your deposit. The booking is not secured until the deposit has been received.
2. Deposit. The deposit payable will be 20% of the Charter fee unless otherwise specified.
3. Final Payment. Final payment is required at least seven days prior to the Charter unless otherwise agreed.
4. Catering. For catered Charters, final guest numbers must be confirmed five days prior to the Charter unless otherwise agreed.
5. Methods of Payment. PayID, Direct Deposit, or cash are acceptable forms of payment and Credit card facilities are NOT available. Additional charges on the day of Charter for extensions of time, excessive cleaning, or damages are to be immediately paid by PayID or cash only.
6. Change of Mind Cancellations. Change of mind cancellations with more than 30 days’ notice will be refunded any monies paid. Cancellations after this shall forfeit the deposit.
7. Weather Cancellations on Day of Charter. Should the official Bureau of Meteorology forecast on the morning of a charter predict rain exceeding 25mm at the lowest estimate and/or winds exceeding 35km/h at the lowest estimate, the charterer may elect to cancel the charter. This cancellation MUST be performed by telephone at least two hours prior to the scheduled start of the charter. A full refund less any catering costs incurred shall be provided.
8. Inclement Weather. Charters will always proceed unless the weather conditions are deemed to be actually unsafe by the Skipper, in which event the charterer shall be refunded in full (less any catering costs incurred) if prior to pickup, or pro-rata should the charter have already started.
9. Pandemic Affected Charters. If pandemic capacity or isolation restrictions change from the date of the payment of the deposit to reduce or prohibit 25% or more of guests from attending, the Charter may be cancelled without penalty and refunded in full.
10. Technical/Crewing Issues. Should the Operator be unable to complete the Charter due to vessel breakdown or crew injury or illness, the Charter will be cancelled and a full refund issued.
11. Behaviour. In the event of unacceptable behaviour as determined by the Skipper, the charter will be immediately terminated and there shall be no refund given.
12. Responsibility of the Charterer. The Charterer is at all times responsible for the conduct of their guests.
13. Restricted Areas. Hiring of this vessel does not give access to cabins and other restricted areas of the vessel, unless with permission of the skipper.
14. NO SMOKING. The entire vessel including all internal and external areas is a non-smoking environment. Vaping is allowed in exterior areas.
15. Bond. You do not have to pay a security bond however you acknowledge that YOU PERSONALLY are responsible for any additional costs including but not limited to damage to the vessel and equipment, additional services, excessive cleaning charges and any other costs attributable to your guests.
16. Responsible Service of Alcohol. We are required to refuse service of alcohol to intoxicated persons and guests under the age of 18 and may refuse service of alcohol to any or all guests at our absolute discretion at any time. If alcohol is available and especially if spirits are to be consumed, appropriate food must also be provided. We may place restrictions on the amount and type of alcohol made available and may require additional food to be organised. Intoxicated guests will not be permitted to board.
17. Charter Route. The route of the charter may be discussed in advance however the Charterer acknowledges that the Skipper 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 and passengers with regard to the weather conditions and other activity on the Harbour.
18. Limit of Liability. It is a condition of the Charter that the liability of the Operator, its servants, agents, employees and subcontractors is agreed to be limited in accordance with the Limitation of Liabilities and Maritime Claims Act 1989 and that any claim for loss or damage must be notified in writing within seven days from the date of the Charter and any court action, suit or proceeding must be brought within one year of that date.
19. Indemnity. The Charterer agrees to indemnify the Operator 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 their guests including:

                   Failure to follow any reasonable direction given by the skipper or crew;
                   Failure to comply with any of these conditions of charter;
                   Failure to comply with any warning sign;
                   Unreasonable or unsafe behaviour;
                   Wilful misuse of the equipment or facilities of the vessel;
                   Intoxication or the use of drugs.

21. Risk Warning. There are inherent risks and dangers onboard any vessel. All passengers participate in the Charter entirely at their own risk.
22. Swimming and watertoys. Swimming is permitted at the discretion of the skipper when the vessel is moored or anchored during daylight hours and all persons will be required to leave the water 30 minutes before sunset. Passengers who enter the water and use any of the watertoys provided do so entirely at their own risk.
23. Jurisdiction. The laws of New South Wales govern this agreement and the parties agree to submit to the jurisdiction of the Courts of New South Wales in respect of any disputes arising between them.
24. Acceptance. By paying a deposit to secure your booking, you agree to be bound by these conditions and agree that you have or shall convey these conditions to all of your guests and that they also shall be so bound.

(XTsea conditions of charter as modified 13/March/2023)