CONDITIONS OF CHARTER (BNB, SKIPPERED AND TEAM BUILDING) AND OTHER SAILING ACTIVITIES
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 and customers be conservative in their judgment and actions. All persons on a vessel must obey the directions Sydney By Sail staff and skippers and all maritime authorities to ensure compliance with all maritime regulations. Set out below are the conditions for chartering a vessel and/or engaging in a sailing activity with Sydney By Sail.
Please note: Bareboat (With Sydney By Sail Guide) Charter includes the following additional Terms and Conditions
Cannot be confirmed until payment is received. Prior to confirmation of booking, fees may change at any time without notice.
WHAT IS THE COST
The cost of the charter and activity varies according to the vessel, the package, the time when the charter and activity is taken, its duration and other conditions.
All major credit cards accepted except American Express. EFT payments are only accepted by prior arrangement with Sydney By Sail and up to 5 working days before the date of the booking.
Where a Security Bond is required for a Sydney By Sail sailing activity including charters and BnB’s then the charter is required to provide this either in cash or by credit card authorisation. In the case of a credit card authorisation, the physical card is required and cannot be provided using a mobile phone. The Security Bond credit card authorisation will lapse within 7-10 working days after the booking, less any charge for loss, damage or theft from the vessel. EFT or Debit Cards are not accepted for the security bond.
POSTPONEMENT OR 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 charter, 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.
If notice of the charter 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.
No refunds for cancellations 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.
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).
WHO IS RESPONSIBILE?
Except where the vessel is under the control of a master from Sydney By Sail, the Charterer is responsible for themselves, their crew (including passengers), the vessel (including the conditions of the charter and the conditions set out in the Charter Manual on board the vessel) and for all contact with other vessels and objects on the Harbour.
Sydney By Sail reserve the right to require a guide accompany all and any sailing activities, including skippered and bareboat charters. The Charterer still remains responsible for themselves, their crew (including passengers), the vessel (including the conditions of the charter and the conditions set out in the Charter Manual on board the vessel) and for all contact with other vessels and objects on the Harbour.
WHERE CAN THE VESSEL GO?
Sydney By Sail will decide on the most suitable area to navigate and best anchorage for the vessel, depending upon weather and other conditions.
THE VESSEL AT ANCHOR
The Charterer must comply with all regulations for anchoring a vessel on Sydney Harbour. Except in the event of an emergency, the vessel must be at anchor overnight and remain so between the hours of sunset and sunrise. Movement of the vessel, including at anchor, may sometimes cause nausea.
RETURNING THE VESSEL
The Charterer should check the inventory list in the information manual for the vessel. The vessel must be returned in the same condition as it was chartered. The Charterer shall keep the vessel in good running order and condition and in the same condition as when received from Sydney By Sail, subject to reasonable wear and tear and ordinary depreciation. On returning the vessel, the costs and incidental to any loss or damaged item may be deducted from the security bond.
WHAT SHOULD WE WEAR?
The Charterer should ensure that they are their party wear life jackets as required. Comfortable clothing is recommended, as well as sun protection (including a hat and sunscreen). 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.
Catered food and beverages are available from Sydney By Sail Catering & Liquor partners. These suppliers are aware of the requirements for each vessel. Other caterers must 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. 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.
ALCOHOL AND SMOKING
Alcohol should be consumed only in moderation by all persons on the vessel. The master of the vessel must not have a blood alcohol reading of 0.05% or above. Sydney By Sail also recommends that the Charterer should not maintain a blood alcohol reading of 0.05% or above.
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.
WHAT SHOULD WE TAKE AWAY FROM THE VESSEL?
Please discard any refuse responsibly and not in the harbour. 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.
Any food remaining after the charter must be placed in the rubbish. Any drink remaining after the charter must be collected within 48hrs, or will be forfeited to Sydney By Sail.
The Charterer must ensure familiarity with the operation of the marine toilet for all persons on the vessels. Sydney By Sail will charge the Charterer a $100.00 fee for unblocking the toilet, together with any further expenses for parts and labour.
WHEN DOES THE CHARTER COMMENCE AND END?
The Charterer must comply with the booking conditions to provide payment and the security bond, when the date and time of the charter will be set. Sydney By Sail suggests the Charterer and any passengers attend at the office about 20 minutes before the charter to finalise any matters. The nearby Maritime Museum and Darling Harbour offer further activities for the day.
The Charterer agrees to restrict the usage of the vessel to the times agreed with Sydney By Sail. The vessel cannot be moved from anchor between sunset and sunrise unless in case of an emergency.
As much as possible, Sydney By Sail will try to ensure that the Charterer has a vessel of their choice but the type of vessel and the conditions of charter, including the number of people on the yacht, are solely at the discretion of Sydney By Sail. Sydney By Sail shall deliver the vessel in full commission and working order, outfitted as a yacht of her size, type and accommodation with full equipment (including that as required by law), clean and in good condition. The Charterer agrees to examine the vessel before departure and, by accepting the yacht, has deemed it to be properly outfitted. Should no vessel be unavailable from Sydney By Sail, then the Charterer may cancel the booking and Sydney By Sail shall return all monies in full.
QUESTIONS AND CALL-OUT TO THE VESSEL
First check the manual of operation on board. Call the Sydney By Sail Office Number if required. Unless in case of emergency, a $100.00 call out fee is charged to the Charterer.a $100.00 call-out fee is charged for coming out to a BNB charter after anchor before the end of the charter.
SYDNEY BY SAIL shall insure the yacht and the charterers against the hull and machinery risks, collision, liability, risks and protection and indemnity risks as stated in the policy for the term of this charter as protection for the loss or damage which may be occasioned by the yacht during the charter period. Any excess or deductible under the terms of the policy may be deducted by Sydney By Sail from the security bond. The yacht is insured provided that the terms of this agreement are met. If the Charterer is in breach of any of the conditions regarding the operation of the yacht then the Charterer may be liable for full cost of and incidental to the repairs to the vessel and any claims against the master of that vessel or Sydney By Sail.
The Charterer agrees to indemnify, reimburse and hold Sydney By Sail nameless from all and against all claims, losses, liabilities, suits, judgments or causes and actions and all legal proceedings whether civil or criminal, penalties, fines or other sanctions and any other costs or expense in connection therewith which may result from or arise in any manner of management, control, chartering, encumbering use or operation of the yacht by the Charterer arising howsoever, including for any failure to comply with the terms of this agreement. No claim shall be brought against any servant or agent of Sydney By Sail by the Charterer or any of the crew or passengers or guests or persons on board the yacht and the Charterer hereby agrees that Sydney By Sail shall be entitled to indemnify any person against whom such a claim is brought and that the Charterer will indemnify Sydney By Sail in respect of all monies paid and expenses incurred by Sydney By Sail in respect of such a claim.
LIMITATION OF LIABILITY
Sydney By Sail and its servants and agents (including its insurance underwriter) shall not be liable for any property loss or damage or personal injury of indirect special of consequential damage sustained by the Charterer or members of the charter party or any third party whether such property loss or damage, personal injury or indirect or consequential damages shall be caused by or arise from negligence or unskillfulness of charterers.