Terms of Charter

1. Agreement to these Terms of Use

By booking a Charter with us, you agree to be bound by these Terms of Use. These Terms of Use constitute a binding agreement between you and the Operator and govern your use of the Vessel and the Charter.

Legal capacity to transact

If you are under 18 years of age, you cannot place orders through the Site. By using the Site you represent and warrant to the Operator that you are over the age of 18 years. Should the Operator suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.

2. Restrictions on use

Prohibited conduct

Your use of Vessel and your Charter is subject to the rules set out in Schedule 1 below.

Violations of these Terms of Use

Without limiting any other remedies available to the Operator at law or in equity, the Operator reserves the right to, without notice:

  • temporarily or indefinitely suspend, or terminate, your access to the Vessel or Charter, or otherwise refuse to provide services to you if:
    • you or your Invitees breach any provision of these Terms of Use;
    • the Operator is unable to verify or authenticate any information that you provide to us; or
    • the Operator believes that your or your Invitees’ actions may cause damage and/or legal liability to the Operator, any of its customers or suppliers or any other person.

Indemnity

You indemnify and hold harmless the Operator and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly) your or your Invitees’ use of, or connection to, the Vessel and your or your Invitees’ negligence or misconduct, breach of these Terms of Use or violation of any law or the rights of any person.

3. Prices

The Operator reserves the right to change the prices for services displayed on the Site or displayed or advertised anywhere else such as on sales flyers at any time before you place an order.

GST

Unless otherwise expressly stated, all amounts payable through your use of the Site are expressed to be inclusive of GST. For these purposes, the term “GST” has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Bond

A bond of 25% of charter cost must be paid by credit card prior to the commencement of the Charter. The bond will be retained for 5 business days (or longer where required) following the end of the Charter.

The bond will be returned subject to the Vessel being returned in the same condition it was provided to you in. Where the Vessel is returned in a lesser condition than it was provided in, the bond will be used to return the Vessel to the same condition that it was provided to you in. 

You indemnify the Operator against any costs incurred by the Operator in connection with repairing or otherwise undertaking works to the Vessel to return it to the condition that it was provided in, including any costs incurred which exceed this bond. 

The bond may also be retained partly or wholly by the Operator in its discretion in the following circumstances:

  • any loss or damage to the Vessel, including its equipment and fittings; 
  • the Vessel not being properly cleaned to return the Vessel in the same condition that it was provided in, including but not limited to:
    • leaving of rubbish, food scraps, dirty dishes and utensils;
    • soiled seat covers and bed covers; 
    • failure to wear appropriate non-marking footwear; and 
    • not hosing the decks.

Deposit

The full amount of the Charterer is to be paid on booking.

Provisioning 

A fee of 25% of the Price is required to be paid not less than 14 days prior to the Charter (the Advanced Provisioning Allowance) for consumables including but not limited to food, fuel, transfer, dockage fees, concierge etc. 

Where there is a balance of the Advance Provisioning Allowance not used on consumables during the Charter, that amount will be refunded to you within 10 business days of the end of the Charter. 

Where the consumables consumed during the Charter exceed the Advance Provisioning Allowance, you will be responsible for the cost of any associated costs of those consumables. 

4. Payment methods

Payment for orders placed through the Site may be made:

  • by credit card (Visa or MasterCard only) processed online (preferred); or
  • via direct bank deposit by electronic funds transfer (EFT) using the Account Details.

Cheques will not be accepted. 

Credit and debit card payments

Only VISA and MasterCard are accepted. Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. 

You must pay any surcharge incurred when payment is made by you in such a way that attracts a surcharge.

5. Cancellations and rescheduling 

The following cancellation policy applies to Charters:

  • if you cancel the Charter more than 21 days prior to the scheduled commencement of the Charter, the deposit will be refunded less a $250 booking and administration fee;
  • if you cancel the Charter within 21 days of the scheduled commencement of the Charter, the deposit will be forfeited;
  • if you cancel the Charter within 5 days of the scheduled commencement of the Charter, the Price (including the deposit) will be forfeited.

The Operator may cancel the Charter at any time for any reason. Where the Charter is cancelled in the event of dangerous weather, the Operator will endeavour to reschedule the Charter to a suitable time. If a rescheduled commencement date cannot be agreed, the Price will be refunded less a $250 booking and administration fee.

You may reschedule the Charter by providing more than 21 days’ notice prior to the scheduled commencement of the Charter.

6. Limitation of liability

Exclusion of liability

To the maximum extent permitted by law, the Operator and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Terms of Use, the Vessel or the use of the Site by you or any other person.

Remedies limited

To the maximum extent permitted by law, the Operator and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Operator’s sole discretion):

  • in the case of services:
    • the supply of the services again; or
    • the payment of the cost of having the services supplied again.

Release

You agree that your use of the Site and the Vessel is at your own discretion and risk. You agree to release the Operator and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Terms of Use or the use of the Site or the Vessel by you or any other person. The Operator may plead this release as a bar and complete defence to any claims or proceedings.

Force majeure

To the maximum extent permitted by law, and without limiting any other provision of these Terms of Use, the Operator excludes liability for any delay or otherwise total inability in performing any of its obligations under these Terms of Use or providing the Charter where it is caused by circumstances beyond the reasonable control of the Operator, and where appropriate, the Operator shall be entitled to a reasonable extension of time for the performance of such obligations.

7. Charter 

Duration of Charter

The Charter will commence from the Port as indicated in the booking made by you. 

The Operator is not responsible or liable for any loss suffered as a result of delays caused by the late arrival of passengers, or other delays caused by events outside of the Operator’s control. 

Suitability of Vessel

The Operator is not liable for any loss suffered as a result of you failing to inspect the Vessel prior to the Charter to determine its suitability. 

The Operator does not warrant the suitability of the Vessel. 

You are invited to arrange an inspection of the Vessel with the Operator prior to the commencement of the Charter. 

Charter Ground

The course to be taken throughout the Charter should be agreed in advance between you and the Operator. However, the Operator and the Skipper reserves the right to vary the agreed course without prior consultation or consent with you due to weather, traffic or any other cause which the Operator or the Skipper considers is justified in the interest of the passengers, crew and other vessels. 

You agree to limit the cruising perimeter of the Vessel during the Charter to the area and within the limitations as specified by the Operator. 

Substitution of Vessel

The Operator may, in its absolute discretion, substitute the Vessel for another vessel which satisfactorily provides the Charter. The Operator will incur no penalty or be liable for any loss or damage suffered as a result of substituting the Vessel.

8. Use of Vessel

You agree that the Vessel will be used exclusively for pleasure for the sole use for you and your party and shall not transport merchandise or carry passengers for pay or race, or otherwise engage in any trade.

You will not allow any person onboard to commit any act contrary to the customs or laws of Australia, Queensland or any local government within the jurisdiction of which the Vessel may be at any time.

You and your invitees shall comply with any and all directions given by the Skipper, the Operator and the law in all other respects.

You undertake not to bring the Vessel alongside any jetties, fixed installations or floating marinas without the Operator’s prior written consent. 

You undertake not to raft the Vessel up with any other vessels. 

You undertake to adhere to all guidelines, rules and requirements of Australian Maritime Safety Authority. 

9. General

Definitions 

Account Details means the details provided by the Operator after booking. 

Charter means the hire of the Vessel from the Operator. 

Invitees means any person on the Vessel with your permission. 

Operator means GC Yachting Pty Ltd ACN 647 647

Price means the fee charged to you by the Operator for the Charter, which is dependent on the type of Charter you request as indicated on the Site. 

Site means platinumcharters.com.au

Skipper means the operator of the Vessel as appointed by the Operator for the duration of the Charter. 

Terms of Use means these terms of use. 

Vessel means the vessel booked by you through the Site, known as ‘Platinum’.

Interpretation

In these Terms of Use, the following rules of interpretation apply:

  • headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Terms of Use;
  • these Terms of Use may not be construed adversely against the Operator solely because the Operator prepared them;
  • the singular includes the plural and vice-versa;
  • a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
  • the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.

Costs

Except as specifically provided in these Terms of Use, each party must bear its own legal, accounting and other costs associated with these Terms of Use.

Assignment

You may not assign, transfer or sub-contract any of your rights or obligations under these Terms of Use without the Operator’s prior written consent. 

The Operator may assign, transfer or sub-contract any of its rights or obligations under these Terms of Use at any time without notice to you.

No waiver

Waiver of any power or right under these Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by the Operator to act with respect to a breach by you or others does not waive the Operator’s right to act with respect to that breach or any subsequent or similar breaches.

Severability

The provisions of these Terms of Use are severable and, if any provision of these Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

Variation

The Operator reserves the right to amend these Terms of Use and any other policy on the Site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of the Site or the services offered through the Site.

You may only vary or amend these Terms of Use by written agreement with the Operator.

Governing law and jurisdiction

These Terms of Use will be governed in all respects by the laws of Queensland. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland and the courts of appeal from them.

 

Schedule 1 – Prohibited conduct

  • The use or consumption of illegal drugs by you or your Invitees
  • The overconsumption of alcohol such that a safety risk is posed to any person on the Vessel or other vessels 
  • Any other conduct which may cause the Vessel to be seized by any government agency 
  • Failure to act safely and properly while operating the Vessel, including adhering to all relevant navigation and safety rules
  • Inviting more than the allowable number of persons onto the Vessel at any one time as the case may be, being 12 people during the day and 7 people overnight (including you and the crew)

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