Terms and Conditions
Amour de la Mer is both the name of the sailing vessel registration number 30268QD and registered business ABN 68 938 816 391. In this document, Amour de la Mer means the sailing vessel and ADLM means the registered business. ADLM is the business providing Charters. A Charter means the period of time the Charterer has contracted to use Amour de la Mer. Charterer means the entity who pays for the Charter. Charterer's Party means all the passengers who are on-board at any time during the Charter. Skipper means the qualified person in charge of the Vessel. Crew means the Skipper and any other person appointed to assist the Skipper during the Charter. Vessel means Amour de la Mer and any other vessels specified in the Charter Agreement.
2 Charter Bookings and Fees
Quotes are valid for 30 days, after which they may be subject to price changes.
2.2 Unconfirmed Bookings
Unconfirmed bookings will be held for 2 weeks pending payment of the deposit. If another person requires the same date, the person holding the unconfirmed booking will be contacted and will have 48 hours to confirm the booking.
2.3 Confirmed Bookings
A booking will be confirmed once the deposit and booking form have been received by ADLM.
The deposit will be 25% of the Charter fee.
2.5 Final Payment
Final payment is required 14 days prior to the Charter. If catering is required, the final payment will be based on the best estimate of the size of the Charterer's Party. The size of the Charterer's Party may be changed until 2 days before the Charter. Changes to the final payment will be agreed and settled prior to, or on the day of, the Charter.
2.6 Additional Costs
ADLM does not require the Charterer to pay a security bond. However the Charterer acknowledges and agrees to pay 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 the Charterer's Group.
2.7 Payment of Charter Fees
Charter fees may be paid with Visa, MasterCard, cash, or EFT. Credit card payments will attract a 2.00% surcharge that is non-refundable in the event of cancellation.
Cancelled bookings will attract the following fees:
• If cancellation is advised more than 30 days prior to the Charter – the deposit will be refunded less a $100 cancellation fee
• If cancellation is advised between 30 days and 14 days prior to the Charter, ADLM will try to secure a replacement booking. If a replacement booking is obtained, the deposit will be refunded less a $100 cancellation fee.
• If cancellation is advised within 14 days of the Charter, ADLM will try to secure a replacement booking. If a replacement booking is obtained, the final payment will be refunded but the deposit will not be refunded. If a replacement booking is not obtained, the full payment is forfeited.
3.0 Conduct of the Charter
3.1 Skipper's Responsibility
The safety of the vessel, the Charterer's Party and the crew is the Skipper's responsibility. The Skipper has the discretion to take the necessary action to protect the vessel and those on-board. This includes but is not limited to decisions in relation to crew, course, timing and how to manage the forecast and prevailing weather conditions.
3.2 The Charterer's Responsibility
The Charterer is responsible for ensuring that any dietary requirements are advised to ADLM. The Charterer is at all times responsible for the conduct of the Charterer's Party. This includes but is not limited to ensuring that each member of the Charterer's Party remains sober, children are supervised, The Charterer's Party follows the directions of the Skipper and Crew and no illegal activities are undertaken by any members of the Charterer's Party.
3.3 Responsible Service of Alcohol and Behaviour
The Skipper is bound by the Liquor Licence and must ensure alcohol is not served to intoxicated persons and minors.
Indecent behaviour, including illegal drugs, is prohibited. In the event of unacceptable behaviour the Skipper may terminate the Charter at the Charterer's expense.
Swimming is only permitted during daylight hours when the vessel is stationary and in the absolute discretion of the Crew.
4.0 Warnings, Indemnities, Operation and Acceptance
4.1 Risk Warning
There are inherent risks and dangers on board any vessel. All passengers participate in the Charter entirely at their own risk.
4.2 Force Majeure
If the Charter cannot proceed on the booked date due to weather, mechanical or crew issues, the charter may be deferred or all monies refunded at the Charterer's option
4.3 Limit of Liability
It is a condition of the Charter that the liability of ADLM and the Crew is agreed to be limited in accordance with the Limitation 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 1 year of that date.
The Charterer agrees to indemnify and hold harmless ADLM and the Crew, 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 Party including:
(i) Failure to follow any reasonable direction given by the Crew;
(ii) Failure to comply with any of these terms or conditions;
(iii) Failure to comply with any warning sign;
(iv) Unreasonable or unsafe behaviour;
(v) Wilful misuse of the equipment or facilities of the vessel;
(vi) Intoxication or the use of prohibited drugs.
All aspects of these Terms and Conditions are governed by, and construed in accordance with, the laws of Victoria.
By accepting the quotation and paying a deposit, the Charterer agrees to be bound by these Terms and Conditions.
The Charterer acknowledges that they have read and understood these Terms and Conditions and has or will convey these conditions to all of the Charterer's Party.