The Fine Print.
There are a few conditions under which we contract to conduct a charter for you. There are no nasty surprises hidden in there and it's all pretty clear cut, but please take the time to read through and understand them.
Note that if you choose to book XTsea through one of our many booking agency partners, their conditions will vary from these considerably.
Payment of a deposit signifies that you accept and understand these conditions.
- Tentative Bookings. Bookings will be held for up to seven days pending payment of the deposit or until there is another enquiry to book the vessel. The booking is not secured until the deposit has been received.
- Deposit. The deposit payable will be 20% of the Charter fee unless otherwise specified. Bookings made within fourteen days of the Charter date require payment in full at the time of booking.
- Final Payment. Final payment is required at least seven days prior to the Charter unless otherwise agreed.
- Catering. For catered Charters, final guest numbers must be confirmed five days prior to the Charter unless otherwise agreed.
- Methods of Payment. Direct Deposit, EFT, PayID, or cash are acceptable forms of payment. Credit card facilities are NOT available. Additional charges on the day of Charter are to be immediately paid by PayID or cash only.
- Cancellations. Change of mind cancellations made within 30 days of the Charter date shall forfeit the deposit paid.
- Inclement Weather. Charters will proceed unless the weather conditions are deemed to be unsafe by the Skipper, in which event the charterer shall be refunded in full prior to pickup, or pro-rata should the charter have already started. Any catering costs already incurred shall be deducted from the refund.
- Weather Cancellations. Should the official BOM 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 giving at least three hours notice and shall be refunded in full. Any catering costs already incurred shall be deducted from the refund.
- COVID-19 Affected Charters. If COVID-19 capacity or isolation restrictions reduce or prohibit 25% or more of guests from attending, the Charter may be cancelled without penalty and refunded in full.
- COVID-19 Crewing Issues. Should the crew of the vessel be unable to complete the Charter due to isolation restrictions, the Charter will be cancelled and a full refund issued.
- COVID-19 Vaccination Status. It is a condition of entry that all passengers are required to present a valid COVID-19 vaccination certificate or exemption before boarding.
- Behaviour. The charter will be terminated in the event of unacceptable behaviour as determined by the skipper, and in such case there shall be no refund given.
- Responsibility of the Charterer. The Charterer is at all times responsible for the conduct of their guests.
- Damage to the Vessel. The Charterer shall indemnify the Operator in respect of any loss or damage to the vessel or its equipment or fittings howsoever caused by their guests. Fair wear and tear excepted.
- Restricted Areas. Hiring of this vessel does not give access to cabins and other restricted areas of the vessel, unless with permission of the crew.
- Bond. We do not require you to pay a security bond however you acknowledge that YOU PERSONALLY are required to cover any additional costs including but not limited to damage to the vessel, its equipment and fittings, additional services, excessive cleaning charges and any other costs attributable to your guests.
- Responsible Service of Alcohol. Crew must 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 their absolute discretion at any time. If alcohol is available and especially if spirits are to be consumed, substantial food must also be provided. The crew 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.
- 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 and crew with regard to the weather conditions and other activity on the Harbour.
- 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 day of the Charter and any court action, suit or proceeding must be brought within one year of that date.
- Indemnity. The Charterer agrees to indemnify and hold harmless the Operator, its servants, 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 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 prohibited drugs.
- Risk Warning. There are inherent risks and dangers onboard any vessel. All passengers participate in the Charter entirely at their own risk.
- Swimming and watertoys. Swimming is only permitted during daylight hours when the vessel is moored or anchored and at the discretion of the Skipper. Passengers who enter the water and use any of the watertoys provided do so entirely at their own risk.
- 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.
- 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 05/Jan/2022)