BOOKING CONDITIONS - 2007

Sydney boasts a magnificent sailing harbour, which all should enjoy. Safety first and foremost is the most important guiding principle on the harbour and we suggest all charterers be conservative in their judgment and actions. All persons on a vessel must obey the directions of all maritime authorities and comply with all maritime regulations. We strongly recommend that each charterer make themselves aware of the regulations for sailing on Sydney Harbour prior to the charter and ask for any additional information from Sydney By Sail.

Set out below are the conditions for booking a charter. Additional conditions for each type of charter must also be complied with, as set out in the Sydney By Sail documents given to the charterer prior to the charter. Although we have many return charterers, please take the time to familiarise yourself with all the conditions of the charter before you book.

BOOKINGS Cannot be confirmed until a deposit is received.
DEPOSIT 50% of the charter fee is required to confirm the booking.

SECURITY BOND At the commencement of the charter, a security bond of $1,000.00 must be authorised on a credit card bearing the same name as the booking. The Security Bond is cancelled within 5 working days of the end of the charter, less any charge for loss, damage or theft from the vessel.

CHARTER FEE PRICES All prices are subject to change without notice.
Prices vary with the yacht and the charter. Details are available from Sydney By Sail.
The Weekend Rate is our standard rate and applies except during the Holiday Period and on weekdays. The Weekday Rate is 10% less than the Weekend Rate and applies except during the Holiday Period and on weekends.For the Holiday Period between 24 December and 15 January inclusive and the Australia Day Holiday on 26 January, there is a 10% additional charge on the total cost of the booking.

PAYMENT All major credit cards accepted. Credit card surchages may apply. Cheques are only accepted by arrangement with Sydney By Sail and up to 5 working days before the date of the booking.

POSTPONEMENT

DATE CHANGE If adverse weather conditions are determined by Sydney By Sail and the charter cannot proceed, there is no charge. For all other postponements, a 10% fee on the cost of the booking will be charged, together with payment in full for the skipper and catering (unless 7 days' notice of the postponement is given, in which case there is no charge for the skipper and catering, but the 10% postponement fee still applies).

CANCELLATION FOR CHARTERS If notice of the cancellation is given within 7 days of the charter, all monies paid are due and payable to Sydney By Sail and are not refunded.
If notice of the cancellation is given between 8 days and 21 days of the charter, 50% of all monies paid are due and payable to Sydney By Sail and are not refunded.
If notice of the cancellation is given more than 21 days prior to the charter, 10% of all monies paid are due and payable to Sydney By Sail and are not refunded.

By arrangement with Sydney By Sail and the charterer, any monies due to be repaid to the charterer may be held by Sydney By Sail on credit for the charterer for a period of six months after the date of the booking, and used as payment for any further booking or other activity conducted by Sydney By Sail (excluding fees for skippers and catering).

CANCELLATION FOR BnB's If notice of the cancellation is given within 14 days of the BnB charter, all monies paid are due and payable to Sydney By Sail and are not refunded.
If notice of the cancellation is given more than 14 days prior to the BnB charter, all monies paid are refunded to the charterer. By arrangement with Sydney By Sail and the charterer, any monies due to be repaid to the charterer may be held by Sydney By Sail on credit for the charterer for a period of six months after the date of the booking, and used as payment for any further booking or other activity conducted by Sydney By Sail (excluding fees for skippers and catering).

CALL OUT FEE FOR BnB's Unless in the event of an emergency, a $100.00 call-out fee is charged for coming out to a BnB charter after anchor, before the end of the charter.

REGATTAS Sydney By Sail reserve the right to allocate yachts and crew numbers for regattas. Charters for corporate race days incur a 15% surcharge on the charter fee. Bareboat charters for corporate or industry race days incur a 20% surcharge on the charter fee.

CATERING BYO food and drinks is permitted, however all refuse and empties must be removed from the vessel and the galley left in the same condition as at the commencement of the charter. Catered food and beverages are available from MODE & Harbourside Cellars through Sydney By Sail (these companies are aware of the requirements for each vessel). Any other caterers must first be authorised in writing by Sydney By Sail. A $25-$45 handling/corkage fee per vessel is applied to all beverage orders. Any food and drink remaining after the charter must be collected within 48hrs, or will be forfeited to Sydney By Sail.

RUBBISH Please discard any refuse responsibly and not in the harbour. Please ensure the vessel is clean at the end of the charter. Charterers supplying their own catering are responsible for ensuring the vessel is clean after use and all refuse removed from the Sydney By Sail premises.

FOOTWEAR Black and dark soled shoes leave marks on the vessel and are not permitted. White soled shoes are suggested. A $100.00 cleaning fee is charged to the charterer for the removal of marks caused by footwear.

SMOKING Please discard any smoking refuse responsibly and not in the harbour. Ensure all lighted objects are put out before being added to refuse. Smoking is not permitted below decks on any vessel. Smoking below decks results in a $200.00 fee charged to the charterer.

Exclusion of Liability

Sydney By Sail is a great way to see Sydney by sail. We put a lot of thought and effort into making your recreational sailing experience with us is a memorable one.

While sailing is a perfect recreational activity for your leisure or enjoyment, sailing can be dangerous to you and others with you. Sailing is a sporting activity and can involve a significant degree of physical exertion or physical risk. Although we encourage you to enjoy our services and make the most of your sailing experience with us, you acknowledge the physical exertion, risks and possible injuries to you or others with you associated with participating in our recreational sailing activities.

We exclude all liability for death or personal injury arising from any failure by us to take due care and skill in performing our services and ensuring that our yachts are reasonably fit for use in our services. This exclusion of liability includes all of our employees, agents and any other person we may have working with us in providing our services to you.

Subject to any rights imposed by law that cannot be limited or excluded:

1) All warranties or conditions implied by law are excluded.

2) If implied warranties or conditions cannot be excluded, but limitation is permitted, our liability is limited to, in relation to goods, a refund of the purchase price actually paid, the replacement of the damaged product or the supply of equivalent product at our absolute discretion and, in the case of services, the supply of the services again or the payment of the cost of having the service supplied again.

3) In no circumstances are we liable for special, indirect or consequential loss or damage of any kind including any loss of profit or of contract, even if you advise us of any special circumstances or such loss was reasonably foreseeable. This includes, but is not limited to, the transmission of any computer viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operation of your computer system.

The information on this website is liable to change and although we attempt to ensure that the content is current we do not guarantee its currency.

In some cases, the laws of your location may apply to your online dealings with us and you may have additional legal rights. We always recommend that you seek local law advice if you have a complaint about us, however, we suggest that you speak to us first - that way you can see if we can resolve any complaint you may have.