Booking Terms & Conditions Bohemia Sailing Pty Ltd offer catamaran charters on a commercially registered vessel on Sydney Harbour. Our booking terms and conditions are published in the interests of protecting the services we provide. By making a booking with us, you agree to the below terms. 1. Definitions In this agreement, the following terms have the following corresponding meaning: Bohemia Sailing Pty Ltd is the operator providing the services as outlined. The lead hirer is the client who is paying for the Charter and agrees to the terms and conditions prior to purchase. The ‘Group’ refers to all the guests who will be on board during the charter. Skipper means the qualified crew member in charge of the catamaran. 2. Vessel Capacity A maximum group size of 12-17 is recommended for the best experience of Vivid. These capacities include children. There are no exceptions to the legal vessel capacity, which is strictly enforced. Charters will not depart over legal capacity and risk cancellation with no refund or reschedule. 3. Children Children onboard are the sole responsibility of the parent or guardian and are included in the vessel numbers. Given the environment and nature of the event, small children of an age of unpredictable behaviour are discouraged for safety reasons. This is not a hard ‘no’, just something that is encouraged to be discussed and considered 4. Tentative Bookings Tentative reservations may be considered in good faith for a 24hr period pending a decision to make payment of a deposit and confirm a charter. A booking is not secured until a deposit has been received. 5. Making a Booking The lead hirer can make a charter booking online via the website, via email or via phone. A charter is confirmed on receipt of the deposit and acceptance of these Terms and Conditions. Each booking will receive a confirmation email. Final guest numbers and any special requirements are required 14 days prior to the Charter. 6. Payment The deposit payable will be 50% unless otherwise specified and the deposit is non-refundable. Final payment is required 14 days prior to the Charter. All bookings made within 14 days of the charter date require payment in full at the time of booking. In the instance of individually ticketed events, full payment is due at time of booking. Payment is accepted via Bank Transfer, Mastercard and Visa. 7. Cancellations The following cancellation and change fees apply to your charter booking: Notice prior to Charter 0 – 7 Days 50% Amendment Fee 100% Cancellation Fee 7 – 14 Days $500 Amendment Fee 50% Cancellation Fee 14 Days + $250 Amendment Fee 25% Cancellation Fee All dates changes and cancellations must be made in writing and emailed to amba@bohemiasailing.com.au 8. Responsible Service of Alcohol and Behaviour Our charters are BYO but abide by and ensure the Responsible Service of Alcohol (RSA). If alcohol is being consumed by guests during a charter, substantial food must also be provided to satisfy the RSA obligations. Passengers are encouraged to follow alcohol consumption RSA guidelines of no more than 6 standards drinks on any one day. Alcohol is only to be consumed by those 18 years of age or older. Illegal substances will not be permitted on board. Staff are trained in the responsible service of alcohol and charters will be cancelled if any unsocial or illegal behaviour is present. Guests are not permitted to carry open liquor from the Vessel on disembarkation. Any damages and breakages caused by passengers will be charged to the organiser’s credit card. 9. Substitute Vessel In the event of a mechanical issue or problem out of our control, Bohemia Sailing Pty Ltd reserves the right to provide another vessel of similar style and capacity in order for the Charter to be completed. If a replacement vessel is not available, a full refund will be provided. 10. Additional Charges and Damage Any additional charges, excessive cleaning requirements or damages to the vessel on the day of service will be immediately charged to the credit card provided by the client. This includes but is not limited to Charter extensions, additional services, water taxis, toilet blockages and boat damage. The lead hirer shall pay Bohemia Sailing Pty Ltd in respect of any loss or damage to the Vessel, its equipment or fittings howsoever caused by the guests. 11. Weather Conditions Your charter will proceed in all weather conditions unless deemed to be unsafe by the Skipper on the day of departure. If we are obliged to reschedule your charter in the event of unsafe conditions, we will move you to your next preferred date, subject to availability. 12. Responsibility of the Lead Hirer The lead hirer is always responsible for the conduct of the lead hirers group. 13. Limit of Liability To the maximum extent permitted by law Bohemia Sailing Pty Ltd excludes all liability to you by Bohemia Sailing, its directors, officers, employees, contractors, representatives, or agents; for any cause including for negligence and whether the loss or damage occurred to person or property. The lead hirer agrees to indemnify Bohemia Sailing, their employees and or partner agents from and against any losses, actions, expenses, fees, damages, and fines caused by any negligent act or omission by the lead hirer or members of the group including: • Failure to follow any reasonable direction given by the master or crew. • Failure to comply with any of these terms or conditions. • Failure to comply with any warning sign. • Unreasonable or unsafe behaviour. • Wilful misuse of the equipment or facilities of the vessel. • Intoxication or the use of prohibited drugs. 14. Risk Warning Recreational activities (including sailing & swimming) involve a significant risk of physical harm or personal injury including permanent disability and/or death to participants. Any such injury or loss may result not only from your actions but from the action, omission, or negligence of others. Please read and obey all signs and follow all directions given by the company or its employees, contractors, representatives or agents. Each guest will be presented with our Terms and Conditions, Safety Disclaimer & Waiver document on arrival and by remaining on board, agree that they have read, understood and agreed to abide by the guidelines and rules of the document. Each guest must acknowledge that they have read this document in full, and that they acknowledge that the warning constitutes a risk warning under the Civil Liabilities Act, 2002. You also acknowledge that the risk warning has not been contradicted by any representation made by or on behalf of Bohemia Sailing Pty Ltd. You will read all signs and follow all directions given by Bohemia Sailing Pty Ltd or its employees, contractors, representatives, or agents; and you will conduct yourself in a controlled manner at all times. You declare to Bohemia Sailing Pty Ltd that you are in a fit and healthy state to undertake a recreational adventure activity of this nature and that you have no pre-existing medical condition or injury which would adversely affect your competence on the boat or in the water. 15. Acceptance By making a booking and paying a deposit, the lead hirer agrees to be bound by these Terms and Conditions. The lead hirer acknowledges that he or she has read and understood these Terms and Conditions and has or will convey these conditions to all of the Charterer’s Group.