1. Term and charter fee

The operator agrees to let and the charterer agrees to charter and take for hire the vessel for the charter period and for the charter fee stated on the booking. A deposit as stated on the booking shall be paid on the signing of this agreement and the balance of the charter fee shall be paid at least 30 days prior to the commencement of the charter period.

2. Cancellation

In the event that the charterer cancels this agreement by notice in writing received at least 30 days prior to the commencement of the charter period, $100 will be forfeited as a service fee. If less than 30 days notice of cancellation is given, the full charter fee shall remain due and payable and will not be waived or refunded unless the operator is able to obtain an alternative booking for the same charter period.

3. Departure

The operator agrees to provide the vessel at Newport, Pittwater in full commission and in proper working order, outfitted as a vessel of her size, type and accommodation, with full equipment inclusive of that required by law and fully furnished including galley utensils, blankets, linen and towels, clean and in good condition throughout and ready for service, and agrees to allow demurrage pro rata to the charterer for any delay in delivery.

The charterer certifies that they will examine the vessel before departure and, by accepting the vessel, shall be deemed to have satisfied themselves that the vessel is sound and properly outfitted for a vessel of her type, size and accommodation.

Should it be impossible for the operator to make delivery at the time stated for causes beyond the control of the operator, and should such delivery not be made within 24 hours thereafter, then this agreement may be cancelled by the charterer and all charter monies paid in advance shall be returned to the charterer. The operator shall then have no further liability to the charterer beyond such refund. Should the charterer not be present or not be ready to accept delivery of the vessel, for whatever reason, at the stated commencement of the charter period, the operator reserves the right to set the time of delivery within a 24 hour period thereafter.

The charterer shall be responsible for the vessel except if, at the charterer's request, or if the operator at its option requires a sailing guide on board the vessel to supervise the charterer, where in the operator's opinion the charterer and their party are deficient in number, training, experience or ability to undertake the proposed cruise. Such supervision shall be for a period determined by the operator. The sailing guide shall be the sole responsibility of the charterer and the charterer shall pay the operator for the sailing guide at the rate currently listed by the operator.

The charter period commences with the area briefing and boat familiarisation or sail orientation.

4. Charterer's authority for crew

At the commencement of the charter period the operator shall relinquish possession, command and navigation of the vessel to the charterer, and full authority regarding the management of the vessel and its crew of members of the charter group and their guests shall thereupon be transferred to the charterer for the period of this charter.

It is further agreed that although the charterer shall have possession, command, navigation and full control over the vessel, if a sailing guide is required by the operator, the operator shall rely upon the sailing guide for the safe navigation of the vessel, and the sailing guide is to be the sole judge as to whether it is reasonable or prudent to sail at any given time, having regard to the state of the weather and the surrounding circumstances, and also as to whether any specified anchorage is reasonably safe. Subject to the above, the sailing guide will obey all reasonable orders of the charterer and will do their best to sail the vessel to such safe ports and places as the charterer may desire to visit, providing that the vessel can at all times and places lie safely afloat at any tide.

5. Limitations on use

The charterer agrees to restrict the cruising of the vessel to the hours from 0700 to 1600 unless authorised by the operator. The vessel shall not be sailed outside the operating area specified on the Certificate of Registration of the vessel at the time of charter. The charterer agrees that the vessel shall be employed exclusively as a pleasure vessel for the sole proper use of members of the charter group, their family and guests during the term of this charter, and shall not transport merchandise or carry passengers for pay, or engage in trade, nor in any way violate the laws of the government within the jurisdiction of which the vessel may be at any time, and shall comply with the law in all other respects.

The charterer agrees not to carry on the vessel more than the specified number in the party and not to exceed the survey requirement.

No goods, documents or drugs shall be carried which would involve risk of seizure, capture or repatriation of the vessel by any government. The charterer agrees not to permit any other party, except competent members of the charter group while the charterer is aboard, to operate the vessel unless the written permission of the operator is obtained in advance.

6. Service calls

The operator agrees to supply the vessel and associated equipment in proper working order. In the event of damage to or malfunction of the vessel or its equipment deemed by the operator to be vital to the safety of the vessel or its passengers, the operator will endeavour to reach the vessel with a service call at the earliest opportunity.

In the event of damage to or malfunction of the vessel's associated equipment in circumstances beyond the control of the operator, and which is deemed by the operator not vital to the safe passage of the vessel or its passengers, such as but not limited to the outboard motor, refrigeration or sails, the charterer agrees to proceed to the nearest point recommended by the operator where appropriate repairs or replacements, where possible, may be made.

7. Limitation on liability

Subject to clause 8, the operator and its insurance underwriter shall not be liable for any property loss or damage, personal injury, or indirect, special or consequential damages sustained by the charterer or any member of the charter party or any third party, whether such property loss or damage, personal injury or indirect, special or consequential damages is caused by or arises from negligence or lack of skill of the operator or any servant or agent of the operator, or howsoever otherwise occurring. Notwithstanding the foregoing, this agreement shall be subject to any implied warranty under Australian Consumer Law if and to the extent that the law is applicable to this agreement and prevents the exclusion, restriction or modification of the warranty.

8. Insurance

The operator shall ensure that the vessel and the charterer are insured against hull and machinery risks, collision liability risks and protection and indemnity risks as stated in the policy customarily obtained by the operator for the term of this charter, as protection against any loss or damage which may be occasioned by the vessel during the charter period. Any excess or deductible under the policy may be deducted by the operator from the security bond.

9. Accident

In the event of any accident, loss, breakdown or disaster the charterer shall give immediate notice to the operator and shall not, except to the extent necessary to avert or minimise a loss of the vessel, authorise or undertake repairs without prior authorisation of the operator. The charterer shall be responsible for the costs and consequences of any unauthorised repairs. The charterer shall make no admission of liability to any party, and no refund shall be made in respect of any claim arising out of such accident, loss, breakdown or disaster.

10. Running costs

The charterer shall pay all pilotage, towage, mooring and running expenses for themselves and their party.

11. Security bond

Prior to taking possession of the vessel the charterer shall lodge a security bond of $500 on credit card. The security bond will be credited, less charges for loss or damage or excess cleaning costs if any, within 14 days of completion of the charter.

12. Inventory and return

The vessel shall be delivered to the charterer with fuel and water tanks topped up. Extra fuel and water can be arranged by contacting the operator. At the time of delivery the charterer agrees, if requested by the operator, to sign a Certificate of Inventory, and upon return will attend to the checking thereof with an agent or servant of the operator and to counter sign the Certificate of Inventory forthwith after such checking. Any lost or damaged item of inventory may be debited against the security bond. If the operator elects not to require the signing of the Certificate of Inventory at the time of return, its right to debit lost or damaged items will not thereupon be waived.

The charterer shall keep the vessel in good running order and condition, and in substantially the same condition as when received from the operator, reasonable wear and tear and ordinary depreciation only excepted. The charterer agrees to surrender the vessel at the expiration or earlier termination of the charter at the port of return stated on the booking, free and clear of any indebtedness which may have been incurred for their account during the term of the charter, and in as good and clean a condition as when delivery was taken, fair wear and tear from ordinary use excepted.

The charterer is responsible for allowing sufficient time for unforeseen contingencies to permit their return at the time and place stated for return. Should the charterer not return the vessel at the time and place stated, for whatever cause, they shall pay demurrage pro rata to the operator for the time that delivery is delayed, plus any losses that the operator may sustain due to the delay in not being able to meet charter agreements with other charterers, as well as expenses incurred in the return of the vessel to Newport, Pittwater.

13. Non assignment

The charterer shall not assign or sublet their interest in the vessel without the prior written consent of the operator. The operator may assign its right to payment under the charter.

14. Competency and crew

The charterer represents and warrants that the answers given on the Boating Experience Questionnaire are true, and that no information likely to influence a prudent assessment of the charterer's boating ability has been withheld. The charterer further warrants and represents that they are fully competent to take possession, command, navigation and management of the vessel and its crew or members of the charter group and their guests, and that all members of the charter group are accurately listed on the booking form.

15. Radio

The charterer will contact the operator at such times as the operator may in its discretion stipulate on each day of the charter period, and furnish details of the position of the vessel. In the event that the charterer fails to notify the operator, the charterer shall be responsible for any costs or expenses incurred by the operator in searching for the charterer, including but not limited to the hire of aircraft.

16. Retention and recall

If the operator considers at any time that the weather is unsafe for sailing, then the operator shall have the right to retain the vessel or recall the vessel to a mooring the operator deems suitable. The operator shall not be liable to refund any charter or other monies paid by the charterer owing to recall in inclement weather conditions. Appropriate holiday insurance is advised.

The operator shall have the right, at its discretion, to repossess the vessel at any time during the charter period if in its opinion the vessel is being improperly or incorrectly sailed, managed or controlled so as to imperil the safety of the vessel or its occupants, or if it is being navigated or controlled in a manner dangerous to other vessels, property or life.

17. Indemnity

The charterer agrees to indemnify, reimburse and hold the operator harmless from and against any and all claims, losses, liabilities, demands, suits, judgments, or causes of action and all legal proceedings whether civil or criminal, penalties, fines and other sanctions, and any costs and expenses in connection therewith, which may result from or arise in any manner out of the management, control, chartering, encumbering, use or operation of the vessel by the charterer, or the failure of the charterer to comply with the terms of this agreement.

No claim of whatsoever nature shall be brought against any servant or agent of the operator by the charterer or any of the family or guests of the charterer, and the charterer agrees that the operator shall be entitled to indemnify any person against whom such claim is brought, and that they will indemnify the operator in respect of any amount paid by the operator in respect of such claim.

18. Sub contractors

The charterer authorises the operator, if it should think fit to do so, to arrange a sub contractor or sub contractors for the provision of any services the subject of this agreement. Any such arrangement shall be deemed to be ratified by the charterer upon provision of the said services by such sub contractor or sub contractors, who shall thereupon be entitled to the full benefit of the terms and conditions of this agreement to the same extent as the operator. In so far as it may be necessary to ensure that the sub contractor or sub contractors shall be so entitled, the operator shall be deemed to enter into this contract for its own benefit and also as agent and trustee for the sub contractor or sub contractors.

19. Applicable law

This agreement shall be governed by the laws of the Commonwealth of Australia, and any dispute arising hereunder shall be referred to and heard by the Courts of the State of New South Wales.

20. Trip cancellation insurance

The charterer acknowledges that the operator has requested that suitable trip cancellation insurance be effected to cover the charter in the event of a cancellation.