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Terms and Conditions – Australian Broker Charter Agreement

Welcome, by booking a charter through the Boatbooked platform, you (the “Charterer”) agree to be legally bound by the terms and conditions outlined below.

1. Definitions

The Broker: The agent introducing “you” the Charterer
Charter: The vessel cruise booked through the platform.
Charterer: The person or entity making the booking.
Charterer’s Group: All guests participating in the Charter.
Master: The qualified captain of the Vessel.
Operator: The owner or manager of the Vessel.
Vessel: The boat(s) specified in the confirmed booking.

2. Quotations

All quotes are valid for 48 hours and may be subject to Operator re-confirmation at the time of booking.

3. Booking Policy

Tentative Bookings

Tentative bookings may be held for a short period. A Deposit or Final Payment is required to secure the booking.

Booking Confirmation

Bookings are confirmed only upon receipt of payment (Deposit or Full Payment) and acceptance of these Terms. Bookings within 45 days of the Charter date require full payment.

Right of refusal

The Broker reserves the right to refuse bookings which contravene these Terms and Conditions or for any other reasonable purpose including advice from the Operator. The Charterer must provide all necessary details to The Broker about the Charter and the Charterer’s Group.

4. Payment Terms

Deposit: 50% of the charter fee (unless otherwise stated) is due at the time of booking.
Final Payment: Due 45 days before the Charter.
Payment Method: Debit or credit card only. Surcharges may apply.

Final guest numbers for catering must be provided at least 14 days prior to the Charter. Guest numbers can be increased with The Broker and Operator approval but cannot be reduced.

5. Cancellations and Refunds

Deposits are non-refundable.
Cancellations made within 45 days of the Charter date are non-refundable.
At the Operator’s sole discretion, food and beverage costs may be refunded or a date change credit may be issued.

6. Additional Charges

Additional charges on the day (e.g., extended cruising time, added guests, wait times, extra services) will be charged to the Charterer’s card on file.

7. Responsible Service of Alcohol (RSA)

Operators are required to enforce RSA laws.
Alcohol will not be served to minors or intoxicated guests.
Alcohol service may be refused at the Operator’s discretion.
Substantial food must accompany alcohol service.
Indecent or unsafe behaviour may result in Charter termination without refund.

8. Security Bond

A refundable bond (amount as per Quotation) is payable. It covers damage, excessive cleaning, or extra services. Refunds are processed within 7 days post-Charter, less any applicable deductions.

9. Vessel Substitution

If the booked Vessel becomes unavailable due to mechanical or other issues, The Broker reserves the right to substitute a comparable Vessel.

10. Weather Conditions

Charters proceed in all weather unless the Master deems it unsafe. Rain or overcast weather is not valid for cancellation.

11. Navigation and Itinerary

The Master has full discretion over the vessel’s route and operations to ensure safety. Routes discussed in advance may be altered for safety or operational reasons.

12. Embarkation and Disembarkation

The Vessel will adhere to the booking schedule. Boarding and disembarkation must occur within the scheduled times (15 minutes each allowed). Delays may incur additional charges.

13. Charterer’s Responsibilities

The Charterer is responsible for the conduct of all guests onboard.
Any damage caused by the Charterer’s Group is the Charterer’s responsibility.

14. Damage and Liability

The Charterer is liable for any damage caused to the Vessel or its equipment, excluding fair wear and tear.

The Broker, its servants, agents and employees Liability Limitations:

As limited under the Limitation of Liability for Maritime Claims Act 1989 (Cth).
Capped at 1x the fees paid to The Broker.
No liability for indirect, consequential or incidental damages.
Any claim pursuant to this clause must be lodged in writing to the other party within 7 days from the day of the Charter.

15. Indemnity

The Charterer indemnifies The Broker and the Operator against losses, claims, or damages arising from:

Failure to follow instructions or terms;
Failure to comply with any warning sign;
Illegal or unsafe conduct;
Misuse of facilities or intoxication;
Injury or property damage caused by Charterer’s Group.

16. Risk Acknowledgment

All guests participate at their own risk. Risks may include but are not limited to slipping, water-based injuries, and equipment use.

17. Swimming Policy

Swimming is allowed only when:

The Vessel is stationary;
During daylight;
At the sole discretion of the Master or crew.

18. Governing Law

These Terms are governed by the laws of New South Wales. Any disputes will be resolved in the courts of New South Wales.

19. Acceptance

By confirming a booking, the Charterer:

Has read and accepts and legally is bound by these Terms and Conditions;
Acknowledges responsibility for conveying them to all guests.

Last Updated 8 May 2025

Terms & Conditions