This document legally binds the HIRER, who hires the charter yacht (referred to as ‘VESSEL’), to release Sail4Me Pty Ltd (hereinafter referred to as ‘COMPANY’) from its obligations and to indemnify COMPANY against any claims arising from the use of VESSEL. This impacts important legal rights.

Release and Waiver of Claims

In exchange for valuable benefits received, HIRER hereby fully remits, releases, and forever discharges COMPANY, COMPANY’S agents, successors, heirs, executors, administrators, and representatives from all claims, actions, debts, damages, and demands, in law or equity, arising from this Agreement, the use of VESSEL, or the rental relationship between HIRER and COMPANY, now and in the future.

Indemnification

In consideration of valuable benefits, and with the acknowledgment of receipt and sufficiency, HIRER expressly agrees to indemnify and hold COMPANY, its agents, servants, successors, heirs, executors, administrators, and personal representatives harmless from any suits, actions, claims, demands, or damages arising from HIRER’s use, misuse, or abuse of VESSEL.

Assumption of Risk

HIRER acknowledges that the activities for which the Charter Vessel is designed involve inherent dangers, including the risk of bodily injury and/or death. HIRER willingly assumes all associated risks connected with the use of VESSEL.

Service refusal

• COMPANY reserves the right to decline service due to rude or disrespectful behaviour towards our staff. No refunds will be issued.
• COMPANY reserves the right to decline service if it damages COMPANY’s reputation, including the posting of negative reviews by customers or their guests. COMPANY will endeavour to inform such customers and deny future reservations. Reservations made under different identities will lead to charter cancellation without refunds.
• COMPANY reserves the right to deny service to customers who have previously caused damage or, in COMPANY’s judgment, used VESSEL or its equipment irresponsibly or unsafely. COMPANY will reasonably attempt to notify such customers and reject their future reservations. Reservations made under different identities will result in charter cancellation without refund.
  
  

Booking, holding deposit and balance payment

• To secure a booking, a holding deposit of 25% of the charter price must be paid.
• The full remaining balance of the charter price must be settled at least 14 days before the charter date, COMPANY will send the corresponding reminder. Failure to submit the full balance on time may result in the cancellation of the booking, with the deposit paid being forfeited.

Delivery

• COMPANY will ensure that VESSEL is provided in good condition, equipped with all necessary gear, and supplied with fuel, water and gas (if applicable) at the scheduled start of the charter at the designated location.
• HIRER and the Nominated skipper are required to be present at the designated location at the start time. Late arrival may lead to boarding and briefing delays, with no compensation provided for such delays. Collection of the vessel outside of business hours is not possible, except when agreed upon in advance before making the reservation.
• If HIRER arrives on time, they are entitled to pro-rata compensation for each 30-minute delay in providing VESSEL. If the delay exceeds 2 hours, HIRER may request COMPANY to cancel the charter under the “Charter cancellation by COMPANY” clause in the “Refunds and cancellation policy” of this agreement.
• HIRER and the Nominated skipper must provide their ID documents and sign the Charter Agreement before departure.
• COMPANY will conduct a pre-charter briefing with the nominated skipper before the charter begins, either in-person or via video, to ensure familiarity with the vessel.
• If the nominated skipper cannot provide formal proof of adequate qualification, COMPANY will assess their competency in navigating and safely handling VESSEL. If, in COMPANY’s opinion, the nominated skipper is not suitably experienced to skipper VESSEL, COMPANY reserves the right to cancel the charter, with no refunds provided.

Refunds and cancellation policy

• Charter cancellation by HIRER.
  Should HIRER decide to cancel the reservation, the balance left after deducting the cancellation fee will be refunded to the hirer within 7 days from the cancellation. Cancellation fees are charged as follows:
  • Cancellation requested more than 4 weeks prior to the departure incurs a cancellation fee of $50.
  • Cancellation requested more than 2 weeks but less than 4 weeks prior to the departure incurs a cancellation fee of 20% of the reservation price.
  • Reservations cancelled more than 72 hours but less than 2 weeks prior to the departure incurs a cancellation fee of 50% of the reservation price.
  • Cancellation requested more than 24 hours but less than 72 hours prior to the departure incurs a cancellation fee of 80% of the reservation price.
  • Reservations cancelled 24 hours or less prior to the departure are not refundable.
• Charter rescheduled by HIRER.
  Should HIRER decide to reschedule the reservation, the balance left after deducting the rebooking fee will be credited to the hirer towards another reservation within 6 months. Rebooking fees are charged as follows:
  • Reschedule requested more than 4 weeks prior to the departure incurs a fee of $50.
  • Reschedule requested more than 2 weeks but less than 4 weeks prior to the departure incurs a fee of 10% of the original reservation price.
  • Reschedule requested more than 72 hours but less than 2 weeks prior to the departure incurs a fee of 25% of the original reservation price.
  • Reschedule requested more than 24 hours but less than 72 hours prior to the departure incurs a fee of 50% of the original reservation price.
  • Rescheduling with notice less than 24 hours is not allowed.
• Charter cancellation by COMPANY
  • In the unlikely event of an inability to provide VESSEL due to circumstances beyond COMPANY’s control (including, but not limited to yacht loss, breakdown, late return, staff illness), COMPANY will cancel the affected charter and fully refund HIRER the costs of the booking. HIRER shall have no claims in respect of any loss or consequential loss as a result of such cancellation.
• Adverse weather.
  • When the predicted wind in the charter operation area is in excess of 20 knots or other predicted weather conditions, at COMPANY’s discretion, are considered to be dangerous, COMPANY may cancel or terminate the affected bookings and refund HIRER the costs of the booking on a pro-rata basis. HIRER shall have no claims in respect of any loss as a result of such cancellation.
  • When rainfall of more than 25mm on the charter day (UNFAVORABLE WEATHER CONDITIONS) is predicted, it is HIRER’S choice whether to complete the affected charter or cancel it with no less than 24 hours’ notice and receive a full refund. The HIRER shall have no claims in respect of any loss as a result of such cancellation.
  • For multiple day charters, adverse weather rules apply if UNFAVORABLE WEATHER CONDITIONS are predicted for more than 30% of the charter duration.
  • The weather is deemed predicted when the forecast is issued 72 hours or less prior to the departure and published on https://www.willyweather.com.au/nsw/sydney/pittwater–gibson-marina.html.
• Cancellation protection
  Cancellation protection is an optional product allowing you to cancel your day charter or terminate your multiple day charter and receive a full refund for unused days of your charter. As an alternative to cancellation, reservations with “cancellation protection” are eligible for rescheduling at a reduced fee of 5% of the total reservation price.
  • Cancellation protection is an additional product, and its cost is non-refundable under any circumstances.
  • Cancellation protection can only be purchased at the time of making the reservation and cannot be added later.
  • Cancellation notice must be given no later than the scheduled departure time.
  • Termination notice must be given no later than midday (12pm) on the day the charter is requested to be terminated; the boat must be returned by 4pm on the same day, and this day is deemed to be used. The cost of the charter will be recalculated according to our rates and the number of used days of the charter.
  • Refunds will be processed within 7 days of the cancellation or termination.

Security bond

• HIRER shall lodge a security bond of $2000 prior to the commencement of the charter or cancel the charter and forfeit any monies paid for the charter.
• The security bond is lodged by a credit/debit card pre-authorized payment and is typically released within 5 working days.
• The security bond is intended to cover insurance excess and “Expenses during the charter period”, and may be fully forfeited in the case of a serious breach of the ‘Obligations of HIRER’ or ‘Unsafe Use’ of VESSEL

Obligations of HIRER

HIRER shall:

• Be no less than 25 years old.
• Ensure that the skipper is competent and, if hiring a boat requiring a license to operate, ensure the skipper holds the corresponding license.
• Use VESSEL for private pleasure cruising and no other purpose.
• Be responsible for VESSEL at all times during the charter period.
• Be responsible at all times for the safety of any and all passengers on VESSEL.
• Appoint a skipper to ensure the responsible handling and navigation of VESSEL, exercising all due reasonable care and skills at all times.
• Ensure the skipper is not under the influence of liquor or drugs while VESSEL is underway.
• Ensure that no animals are carried on board VESSEL at any time, with a penalty of $500 applying.
• Ensure that no fire-based devices other than those provided by COMPANY are used on board VESSEL at any time.
• Ensure that no pyrotechnics are used on board VESSEL at any time.
• Ensure that there is no smoking on board VESSEL at any time.
• Ensure that communication protocols with COMPANY are followed.
• Not bring or attach any dinghy/tender boat to VESSEL other than one provided by the COMPANY.
• Not sail VESSEL outside the charter operation limits specified by COMPANY. Violation of this rule will result in an immediate penalty of $500, with remaining outside of these limits for longer than 15 minutes being deemed unsafe use and treated accordingly.
• Ensure that VESSEL is moored or anchored between half an hour before sunset and sunrise. Violation of this rule will result in an immediate penalty of $500, with remaining underway after sunset being deemed unsafe use and treated accordingly.
• Not bring VESSEL, unless it’s “’Quintrex 490 Cruiseabout,” to dock at any location. Violation of this rule will result in an immediate penalty of $500, and the HIRER will be held liable for the full costs associated with any damage that occurs during the approach, stay, or departure from the dock.
• Always ensure there is sufficient depth under the keel and shall not bring VESSEL, unless it’s “’Jomo 300”, ashore. Violation of this rule will result in an immediate penalty of $500, and the HIRER will be held liable for the costs associated with hauling the vessel for inspection and any damage that occurs from grounding or beaching VESSEL.

Unsafe Use

If at any time COMPANY determines that HIRER has engaged in an unsafe or hazardous use of VESSEL, COMPANY may board VESSEL, or otherwise notify HIRER that it is immediately terminating the rental.  Upon termination, HIRER must return VESSEL to the designated area immediately. If the rental is terminated for unsafe or hazardous use, automatic forfeit of the security bond takes place. Company shall determine, in its sole discretion, whether any behaviour or activity is “unsafe or hazardous.”

Expenses during charter period

HIRER shall bear all running expenses of VESSEL during a charter period and pay:

• The cost of fuel;
• The costs of rescue and salvage;
• Any fines, penalties and costs imposed by any competent authority or court for any breach of law or contract committed by HIRER or a crew member during the charter period;
• Any charges imposed by any authority for the use of facilities under its control;
• Interest at the rate of 10% per annum is charged on any monies due to COMPANY pursuant to this agreement, which remain unpaid for more than seven days after demand has been made by COMPANY.

Insurance and damage

COMPANY shall insure VESSEL against usual marine risks within the cruising limits.

• Any excess in connection with the said policy may be debited by COMPANY against the security bond.
• HIRER will notify COMPANY whenever any damage or loss occurs as soon as practically possible. HIRER will not try to effect repairs beyond those necessary to avoid further damage to VESSEL or danger to the crew, without the consent of COMPANY. COMPANY shall take all reasonable steps to arrange any necessary repairs to VESSEL.
• Should VESSEL breakdown, become unseaworthy, or be declared a total loss, a pro-rata refund of the charter costs will be made for the period until either VESSEL is repaired or the charter period ends, whichever comes first, as long as HIRER or any crew member has not caused or contributed to that breakdown or loss. HIRER will not be entitled to any compensation in respect of any breakdown, loss, or consequential loss to HIRER.

Return

• HIRER shall return VESSEL to the designated area clean and in the same condition as when given to HIRER, except for ordinary wear and tear. A cleaning fee of $250 applies for unreasonably dirty conditions. A $400 unblocking fee applies if the toilet becomes blocked during the charter. HIRER is responsible for any damage caused to VESSEL during the rental period. COMPANY may retain a portion or all of HIRER’s security deposit to cover cleaning or repair costs. If damages exceed the security bond, HIRER might be billed for the full amount if they breach their obligations under this agreement.
• Late Return
  If HIRER returns VESSEL more than 15 minutes after the predetermined return date and time, COMPANY shall charge HIRER a late fee of $250 per hour by retaining a portion or all of HIRER’s security bond. If late return is due to unforeseen circumstances beyond HIRER’s control, such as adverse weather or charter vessel breakdown, making timely safe return impossible, late fees might be voided. To void late fees, such circumstances must be reported to COMPANY as soon as possible, and the return must be made as soon as practical in coordination with COMPANY.
• Early return
  Should HIRER decide to interrupt the charter and return VESSEL early, the remaining part of the charter will be considered cancelled, and the standard cancellation policy will be applied.