BOOKING
CONDITIONS -
2011
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 for
the Hunter 38 ($500 for Hunter 33, $1,200 for the Hunter 39 and $2,000
for the Hunter 45) 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 prior 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 or sailing activity cannot proceed, there is no charge. Postponements
for group private charter, regatta and treasure hunts, a 25% fee on
the cost of the booking will be charged, together with payment in full
for the skipper and catering (unless at least 7 days' notice of the
postponement is given, in which case there is no charge for the skipper
and catering, but a 10% postponement fee applies). For sailing activities
booked by individuals or groups of individuals including but not limited
to scheduled cruises, social races, twilight sailing, sailing school
plus any other sailing activity whereby individuals can book, 14 days
notice is required to postpone at which time there will be no charge.
No postponement within 14 days rather the booking will be forfeited
although Sydney By Sail reserves the right to allow a change of date
due to extenuating circumstances.
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 BnBs
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 BnBs
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 Bayleaf Catering & 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.
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