Terms and Conditions
Please note, the following conditions must be adhered to for your charter:
Payment
An initial deposit of 10% is required at the time of booking to secure the Charter
50% of the total charter cost is required at the time of invoice to secure the booking
Full payment of total charter cost, including food and beverages is to be received by Sirenuse Charters 7 days prior to Charter Date
If full payment is not received in due time, prior to charter, Sirenuse Charters has the right to cancel the charter without refund
Cancellation policy
-Cancellations made in writing more than 21 days prior to the charter: a full refund of monies received will be issued.
-Cancellations made in writing within 21 days prior to charter: a 50% cancellation fee will apply.
Weather conditions
The charter will go ahead in all weather conditions unless the Operator deems the conditions to be unsafe.
Any cancellation or postponement due to weather will not be decided until the day and is at the discretion of the Operator.
Any adverse weather conditions do not give the Charterer the right to terminate the Charter.
The positioning of the vessel for major events are subject to weather conditions and as directed by any maritime authority.
Catering
Sufficient food must be arranged for every charter to comply with RSA including BYO charters.
Once final payment is made for catering that is considered the minimum number of passengers and any additional passengers on the day are charged accordingly.
Passengers
To ensure maximum efficiency, a guaranteed number of guests attending the charter is required 7 days prior to the charter. This will be regarded as the minimum number for catering charges. Numbers can only increase to the maximum after this time.
The Charterer is at all times responsible for the conduct of on-board guests. Any damage to the vessel or its contents caused by on board passengers will be at the Charterer’s expense.
All rules governing the RSA will be adhered to. The Captain reserves the right to terminate the charter at any time during a cruise, due to unruly behaviour among the passengers for the safety of all on board, and no refunds will be given.
Special Conditions
Maximum of 36 guests.
Guests will be required to remove footwear whilst on board the vessel.
Swimming is allowed at Charterer and Operator’s own discretion after gaining permission from Captain and vessel crew.
Swim ladder supplied for safe access to and from vessel only while anchored and engines stopped.
Limit of Liability
It is a condition of the charter that the liability of the Operator, its servants, agents and sub-contractors is agreed to be limited in accordance with the Limitation of Liabilities and Maritime Claims Act 1989.
Indemnity
The Charterer agrees to indemnify and hold harmless the Operator, its agents and employees, 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.
The Operator is not liable for any death, loss, damage or injury to any person or property which occurs on the charter which is caused by or associated with (but not limited to):
– Failure to follow any reasonable direction given by the Captain or crew;
– Failure to comply with any warning sign;
– Unreasonable or unsafe behaviour;
– Willful misuse of the equipment or facilities of the vessel;
– Intoxication or the use of prohibited drugs.
Safety and Captain’s Authority
• The Charterer and charter guests will comply with all directions given by the Captain of the vessel
• The Captain can terminate the Charter at any time and return to the point of embarkation if the Captain believes the safety of the vessel or passengers is at risk or the guests refuse to comply with the Captain’s directions
• Maximum numbers of persons will not exceed those specified in the vessel’s Survey Certificate Of Operation.
• RSA regulations applies. Anyone intoxicated or appearing to be intoxicated may be refused alcohol service.
Liability of Signatory
It is acknowledged the person signing this agreement signs on behalf of the Charter guests and is authorised to do so. This person will be held responsible for the Charter guests and payment of monies under this agreement.
Responsibility
The Operator agrees to keep the vessel insured in accordance with maritime authority regulations.
Duration of the Charter
(i) The duration of the Charter includes the time taken to embark and disembark passengers.
(ii) The Operator is not responsible for any delays caused by the late arrival of passengers or delays at the wharf caused by crowds, the arrival of other vessels or any other item beyond its control. It is similarly not responsible for delays at the point of disembarkation for reasons outside its control.
(iii) The Operator reserves the right to pull in to the point of disembarkation 10 minutes prior to the scheduled time for disembarkation, at which point music will be switched off.
(iv) If the time for disembarking passengers takes longer than 15 minutes beyond the scheduled end of the Charter, the Charterer will be charged for this time and for every 15-minute period thereafter pro rata of the vessel charge. If the Captain is required to vacate the disembarkation point in order to let other vessels berth, this time will also be charged for at the same rate.
(v) If the Charterer seeks to extend the duration of the Charter, during the Charter, this extension will be at the sole discretion of the Captain and Chief Stewardess and will be for a maximum of one hour.
(vi) Any such agreed extension will be paid for by the Charterer before the end of the Charter by EFTPOS, EFT or credit card. The amount will be pro rata of the vessel charge.