Shark Bay Charters

Charter – Any hired use for a function of any description held onboard any vessel owned or supplied by SHARK BAY CHARTERS SBC SHARK BAY CHARTERS Charter Organiser – the hirer of the vessel, the person/s responsible for the final payment and conduct of the charter. Vessel Master – An employee or representative of SBC employed as the person in control of the vessel for any charter, identified to all passengers during the induction to all on board. Crew – An employee or representative of SBC employed as deck crew for any charter, identified to all passengers during the induction to all on board. CHARTER TERMS Any charter booked direct or through a booking agent on board a SBC vessel will only be confirmed after receipt by SBC of a deposit as described in Payment and booking terms. At this time details of the person/s responsible for the final payment of the charter must be supplied to SBC and they will be considered to be the charter organiser. SBC reserves the right to terminate any charter without compensation or consultation under the following circumstances: Any member of the crew observes underage drinking Any member of the crew observes excessive alcohol consumption by any passengers Passengers behave in an antisocial or threatening manner toward any person on board the vessel, any crew member or any member of the public who has cause to be in contact with the passengers at any time prior to or during the charter. Passengers behave in a manner as assessed by any member of the crew which is deemed dangerous to them selves or any other person. 2. Passengers behave in a manner likely to damage or risk damage to the vessel, facilities & equipment on board. Also if any member of the crew observes any intended passengers causing damage to any facilities at any of the public or private berthing facilities prior to the commencement of the charter that person may be denied access to the vessel. o Passengers behave in any manner contrary to the instructions given by the crew during the induction at the commencement of the charter. o Any member of the crew witnesses or suspects any passenger/s of the abuse of illicit or prescription medications. o Any passenger fails to abide by the Terms and Conditions as printed and enforced by SBC Management, crew or representative. If any of the above situations occur the action taken will be at the discretion of the master of the vessel. Any of the above may result in some or all of the passengers being removed from the vessel. The location of disembarkation in any of these circumstances may not be the original planned point. It will be the nearest jetty to the vessel at the time of the occurrence.  Any damage caused during any charter to the vessel, its fixtures, appliances or any other equipment on board by the charter organiser or any of the passengers on board during their charter will be the responsibility of the charter organiser and SBC will seek restitution for those damages.  SBC accepts no responsibility for the loss or damage of any personal belongings of any passenger whilst on board any vessel supplied by TGC. Passengers must accept total responsibility for their own belongings.  Prior to the departure of the vessel from the departure point the master or a member of the crew will deliver an induction which will relate to the rules of the vessel and the safety procedures in an emergency. This should take no longer than 10 minutes with the cooperation of passengers on board. everyone on board is aware of the safety Requirements and rules of the vessel. procedures explained they should see the crew immediately after the conclusion of the induction. The charter organiser and all passengers acknowledge that the Vessel Master has absolute authority over the vessel and any of the equipment belonging to SBC including but not limited to tenders, sporting equipment and catering equipment for the entire duration of the charter. This authority extends to all passengers and crew. The charter organiser and all passengers acknowledge that the Vessel Master may at any time alter the scheduled route, destination or conduct including activities of any charter if it is deemed necessary for any reason pertaining to the safety and welfare of the vessel, the crew, and any person on board. CHARTER TERMS RELATING TO ALCOHOL The management and crew of SBC will always maintain a service and environment that values and adheres to guidelines to minimize the risk of harm through the consumption of alcohol. These guidelines are a combination of those set by the Department of Racing Gaming & Liquor and self imposed guidelines and rules specific to any vessel supplied by SBC for charter by SBC Management. The following apply in relation to the bringing and consumption of alcohol on board any supplied vessel: Any intended passenger who in the opinion of the crew shows any signs of intoxication either from alcohol or any other substance abuse prior to the commencement of a charter will be refused access to board the vessel. Any subsequent attempts of that person or others to argue with the crew may result in the termination of the entire charter. SBC crew members or representatives will not serve alcohol to any passenger. SBC reserves the right to withhold and control the amount of alcohol made available to the passengers for consumption during the charter. Just because it comes on board does not mean that it will be made available and put into the esky. Any withheld alcohol will be returned in sealed containers at the conclusion of the charter. Bottled water will be provided by the SBC. Additional Fresh water is always available free of charge on deck during any charter Any person/s deemed to be intoxicated by the master or crew will be identified to the charter organiser. It will be the responsibility of the organiser to ensure that that person does not consume any more alcohol for the duration of the charter. If this is not complied with the person/s may be removed from the vessel at the nearest jetty. The vessel will only return to the charter once the master is satisfied that that person/s is safe and in the care of a responsible person. Lost charter time will not be made up and the charter will conclude at the scheduled time. If the situation is serious enough the entire charter may be terminated without compensation. Costs associated with removal from the vessel i.e. taxis, public transport are the responsibility of the person/s being removed. If the master or any member of the crew observe anti social or potentially dangerous behaviour by passengers disembarking from other vessels or any other person/s at the point of disembarkation the master may alter the drop off point or wait until the problem has cleared. SBC will not risk our passenger’s safety by dropping them into a dangerous situation or environment nor will we add to the problem. If other arrangements have been made by the charter organiser relating to other activities or transport after the charter TGC accepts no liability for cost incurred by the passengers because of their delay in this situation. SBC will act in a reasonable and responsible manner to try to ensure the safety of our passengers, crew and the general public within the vicinity, within reason. TERMS OF PAYMENT Any charter booking will remain a tentative booking until confirmation is received by SBC. Confirmation must be received within 14 days of the booking and must be accompanied by a deposit of 50 Full payment of the charter is required 14 days prior to the charter date. Any charter will only proceed once full payment has been received. The previous point applies to all charters unless other arrangements have been negotiated by SBC management and the group organiser. All quoted prices are in Australian Dollars and include GST. Payment can be made by Cash, Electronic Funds Transfer or Cheques by prior arrangement with management. A $500 surcharge may apply to Public Holiday bookings. CANCELLATIONS SBC must receive notification of cancellations in writing. The master of the vessel or management reserves the right to cancel any charter due to weather or in any circumstance that the master thinks that the safety of passengers and or the vessel would be at risk prior to the commencement of the charter. If this occurs either a full refund or an alternative date will be arranged with the group organiser. This does not apply if the cancellation is due to the assessment of the intended passengers at the pickup point if they are all intoxicated or deemed disorderly. In this instance no compensation will be offered. If a group organiser wishes to cancel a charter booking once a deposit has been received they may be liable for a % of the full charter cost. % will be calculated on the following guide. - 30 days or more from the booked charter – $500 deposit held - 30 days to 14 days from the booked charter – 50% of the DEPOSIT - 14 days to 7 days from the booked charter – all of the deposit - 7days or less including no shows or cancellation on the day – 100% of the total charter fee. COVID-19 Payments for trips cancelled due to COVID-19 travel restrictions and/or complications are non-refundable. However, SBC will endeavour to book you in for an alternative date. If a date can’t be settled a credit note/voucher will be issued to be used within 2 years of the original booking date. All of the terms and conditions are set by the management of SHARK BAY CHARTERS. Any variations or exemptions from some or all of the conditions will only be accepted on written advice from the management of Top Gun Charters.