Bareboat Charter Terms and Conditions
This agreement is for the charter of a vessel operated by Liquid Edge Yacht Charters.
Charter – the hire of the yacht from Liquid Edge Yacht Charters by the Charterer.
Charterer – the client of Liquid Edge Yacht Charters
Charterer’s Group – all the passengers who will take part in the Charter
Master – the qualified person in charge of the vessel
Operator – Liquid Edge Yacht Charters
Liquid Edge Yacht Charters
57 Campbell Street, Balmain, 2041
3. Payment Terms
EFT Details: Liquid Edge Yacht Charters; BSB 112-879 Account 478 912 674. We do not accept cheques. Credit card details may be supplied via phone or a secure link to be provided on request.
A deposit of 50% of the agreed vessel charge of the Charterer is to be paid on booking. Payment may be by Electronic Funds Transfer or Credit Card (Visa or MasterCard). The balance of the charter fee is to be received 14 days prior to the Charter
Credit Card is the preferred payment method as we can manage payments, the bond and any refunds should they apply.
4. Bond and general
A bond of $2,500.00 must be paid or secured via credit card before the commencement of the charter and will be held for 5 days following the charter. Any marks or damage already present will be noted and advised to the charterer.
5. Events which will affect repayment of the bond, in part or in full
- loss of or any damage to the vessel, its equipment, fittings during the charter
- A cleaning fee will be applied to any yacht not returned in the state it was chartered out on. Normal usage will require some hosing of decks which Liquid Edge Yacht Charters expects.
- Rubbish, dirty dishes and utensils, food scraps on the floor, soiled seat covers, soiled bed covers will incur a cleaning fee.
- Failure to wear non-marking footwear may result in $200 cleaning charge.
- Damage to the hull, keel, rudder such as scratches, gouging and similar. A diver will inspect the hull within 48 hours of charter.
- Other events as may be noted by the operator
6. Damage to the Vessel
The Charterer shall indemnify the Operator in respect of any loss or damage to the vessel or its equipment or fittings howsoever caused by members of the Charterer’s group, fair wear and tear excepted. The Operator will judge fair wear and tear or negligence in the case of breakages.
7. Docking and Berthing
No docking is permitted without prior permission. Calling into wharfs such as ferry wharves is both dangerous to you and the yacht. Any scratches, marks, gouges or other damage to the hull caused by unauthorised docking will be charged in full to the charterer.
Experienced skippers who hold RYA Yachtmaster, Coxswain or Master 5 qualifications or above may seek permission to bring a yacht into a specific dock, provided the yacht has equipment for the same. A demonstration of your docking skill will be required. Docks accessed will be agreed in advance and noted on this agreement.
The Charterer agrees to indemnify and hold harmless the Operator, its agents and employees, from and against any and all losses, claims, actions, costs expenses, fees, damages, fines and liabilities including reasonable legal fees caused by any negligent act or omission by the Charterer or members of the Charterer’s group.
9. Force Majure
The Operator will be free from liability for failing to provide the service due to industrial action, unsuitable weather conditions, technical problems, breakdowns or events beyond the Operator’s reasonable control.
10. Cancellations and Reschedules
- If the Charterer cancels or reschedules the Charter outside 21 days the deposit will be refunded less a $250.00 booking and administration fee.
- If the Charterer cancels or reschedules the Charter within 21 days of the date of the Charter, the deposit will be forfeited. If the charter is cancelled inside 5 days the whole charter fee will be forfeited.
- If the Operator cancels the charter (not weather related), all payments will be refunded.
- The Operator reserves the right to cancel the Charter in the event of dangerous weather and a suitable reschedule will be arranged. If the charterer cannot reschedule a 250.00 booking fee will be deducted from the refund amount. This can be applied to a future charter.
11. Duration of the Charter
The charter commences from our base at Mort Bay, Balmain and includes the time taken to embark and disembark passengers. The Operator is not responsible for any delays caused by the late arrival of passengers or delays at the wharf caused by events beyond its control.
If the Charterer seeks to extend the Charter, during the Charter, contact Liquid Edge Yacht Charters.
Any extension must be paid for by the Charterer via the Credit Card held as security.
12. Suitability of the Vessel
It is the responsibility of the Charterer to inspect the nominated vessel at some time prior to the Charter, to determine its suitability. Pictures provided by us and used via the internet may include the use of wide angle lens to best show the internal layout of the yacht. Pictures on the internet vary according to the individual computer. Inspection is both invited and welcomed.
The Charterer agrees to return the vessel at the expiration of the charter period at the agreed location and clear of any indebtedness that may have been incurred on his/her account during the charter period and in the same condition and state of cleanliness when delivery was taken.
The Charterer is responsible for allowing sufficient time for unforeseen contingencies to permit his/her return at the stated time, should the Charterer not make delivery of the vessel at the time and place stipulated for whatever cause, he/she shall pay demurrage at a rate of $150 per hour or part thereof to Liquid Edge Yacht Charters for the time that such delivery is delayed plus any losses Liquid Edge Yacht Charters sustain due to delayed delivery not being able to meet commitments to other Charter’s.
If you are delayed, contact Liquid Edge Yacht Charters immediately and advise.
14. Charter Ground
The course to be undertaken during the Charter should be agreed in advance with the Operator, however the Operator reserves the right to vary the agreed course because of weather, traffic or any other cause which the Operator believes is justified in the interests of the safety of passengers, crew and other vessels.
15. Substitution of a Vessel
The Operator may substitute another vessel for the one originally contracted for and shall incur no penalty provided that the substituted vessel satisfactorily provides the service originally contracted for.
- The Charterer warrants that he/she is competent in the handing and operation of the type of yacht chartered including knowledge of seamanship, piloting, rules and regulations. The charterer must be able to competently stern up to a dock to allow our staff to leave the yacht after briefing and hop on in order to dock the yacht.
- The Charterer undertakes not to permit any other persons to operate the yacht unless that person is competent.
- The Operator reserves the right to require the Charterer and or any other person who shall operate the yacht to demonstrate to the Operator that they are competent in basic manouvereing under motor including turning, reversing and handling. Docking experience is not required, see section 7.
- The Charterer must be able to demonstrate they can anchor a yacht correctly.
- A briefing will be provided and questions will be asked of the Charterer or master to determine experience. We are looking for general boating knowledge, safety awareness suitable to charter a yacht of this kind.
17. Restricted Use
- The Charterer agrees that the vessel will be used exclusively for pleasure for the sole use for him/her and his/her party and shall not transport merchandise or carry passengers for pay or race or engage in any trade now allow any person onboard to commit any act contrary to the customs or laws of Australia, New South Wales or any local government within the jurisdiction of which the vessel may be at any time, and shall comply with any and all directions given by the Operator and the law in all other respects
- The Charterer shall not assign this agreement or sub-charter this vessel.
- The Charterer undertakes not to bring the vessel alongside any jetties, fixed installations or floating marinas without specific written consent
- Will not raft the vessel up with any other vessels.
18. Bareboat Limitations
- The Charterer agrees to limit his/her cruising perimeter to the area and limitations specified by the Operator and are clearly defined by the Operator and permissions granted by AMSA.
- The Charterer agrees to arrange his/her daily itinerary so that the vessel has adequate time to be at anchor at one of the designated overnight anchorages approved by the Operator as being suitable for expected weather conditions.
Charterer’s must be anchored 1 hour before sunset and cannot leave an anchorage prior to 1 hour after sunrise.
19. Jurisdictions and Choice of Law.
The law of New South Wales governs this agreement and the parties agree to submit to the jurisdiction of the Courts of New South Wales in respect of any dispute arising between them.
20. Acceptance by the Charterer
The Charterer acknowledges that he or she has read and understands the terms and conditions set out in this agreement and has conveyed these terms and conditions to members of the Charterer’s Group.
Payment of deposit reflects acceptance of the terms and conditions.
A copy of this agreement will be presented to the client on arrival and is to be signed before taking over the yacht.