LA DOLCE VITA CRUISES PTY LTD – TERMS AND CONDITIONS OF USE
Charter – the cruise for which the Charterer is paying and the Operator is providing Charterer – the client of the Operator, who is paying for the Charter Charterer’s Group – all the passengers who will take part in the Charter Master/Skipper – the qualified person in charge of the vessel Operator – the person or organisation providing the vessel for the Charter Agent – 3rd Part Charter Company acting as agents for the Operator.
Quotes are valid for 30 days, after which they may be subject to price changes. La Dolce Vita Cruises reserve the right to refuse bookings which contravene our terms and conditions.
Tentative reservations are a first right of refusal and will be held for up to 1 week, or until another party wants to book.
CONFIRMATION OF BOOKING
A Charter will be confirmed on receipt of full payment. (Unconfirmed and Unpaid bookings may be subject to cancellation after 7 days if no prior arrangement is made).
CHANGE OF MIND CANCELLATIONS
More than 60 Days prior: For change of mind cancellations made more than 60 Days prior to your booking date, your payment will be refunded less a $350 cancellation fee for direct bookings or the stipulated cancellation fee if booked through a 3rd Party Booking Agent.
Less than 60 Days prior: For change of mind cancellations there is no refund of your payment however you may seek to postpone and reschedule to a later date at the discretion of La Dolce Vita Cruises.
BAD WEATHER POSTPONEMENTS MADE BY YOU
It is possible to postpone the morning of the charter due to bad weather should you wish to do so – A $200 postponement fee is applicable as the captain is booked in advance. A decision to postpone must be made by 10am the day of the charter. Rescheduled dates are subject to availability and must be used within 3 months.
A $500 deposit is required to secure the booking and full payment is to be made 14 days prior to the charter unless otherwise negotiated with La Dolce Vita Cruises.
METHOD OF PAYMENT
Cash, EFT, Paypal or credit card. (Visa, Mastercard). Please note there is a 2.5% surcharge on Paypal and Credit Card payments.
Time extensions on the day can be fulfilled subject to boat availability. Extensions must be booked with La Dolce Vita office and paid for in full prior to continuation of charter.
Confirmation of minimum final number of guests must be made no later than 7 working days prior to the Charter. Maximum number of passengers on La Dolce Vita is 4 (1 Seated with Skipper in CoPilot Seat and 3 seated behind on bench seat)
FOOD AND BEVERAGES
La Dolce Vita Cruises is not licensed to serve food and beverages. Charterers are welcome to bring aboard their own Food and Beverages or stop at harbour cafes or restaurants to obtain such. At the Operator or Masters discretion, the Operator will take measures to ensure that guests abide by guidelines for the responsible consumption of alcoholic drinks, with particular regard to the refusal of consumption of alcohol to either intoxicated persons or guests under the age of 18, and may refuse consumption to any individual at the Operators’ absolute discretion. Please note that it is an offence for individuals to carry liquor from the vessel on disembarkation. Indecent behaviour on a licensed vessel is strictly prohibited under the NSW Liquor Act.
The course to be undertaken during the Charter may be agreed in advance with the Operator or with the Master on the occasion of the Charter; however the Charterer acknowledges that the Master has the sole discretion at all times to take whatever action is necessary to protect and maintain the safety, welfare and good order of the vessel, its passengers and crew.
RESPONSIBILITY OF THE HIRER:
The Charterer is at all times responsible for the conduct of the Charterer’s group.
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.
POSTPONEMENT DECISION MADE BY US DUE TO BAD WEATHER
La Dolce Vita is a fairweather boat and best suited to good weather conditions. Should unsafe weather conditions exist or are foreseen, at the discretion of the Skipper or La Dolce Vita Cruises staff, the charter may be postponed to a later date. Payment will not be refunded but the charterer will be allowed 3 months from the postponement date to redeem their booking for a mutually available date.
CANCELLATION DUE TO MECHANICAL BREAKDOWN PRIOR CHARTER
Should the need arise to cancel your charter due to unforseen mechanical breakdown, La Dolce Vita Cruises will notify the charterer and advise of such. The charterer will be entitled to a full refund of their payment for that portion of their charter which could not proceed, or the charterer can elect to postpone their charter to another mutually available date. The charterer agrees that no further compensation will be awarded and agrees to indemnify and hold harmless the La Dolce Vita Cruises Pty Ltd, the Operator, its agents and employees, from and against any and all losses, claims, actions, costs expenses, fees, damages, fines and liabilities. Refund payment will be made within 21 days of the cancellation.
CANCELLATION DUE TO MECHANICAL BREAKDOWN DURING CHARTER
Should the need arise to cancel your charter due to unforseen mechanical breakdown during your charter, the charterer will be entitled to a percentage pro-rata refund based on the time still remaining on their charter. The charterer agrees that no further compensation will be awarded and agrees to indemnify and hold harmless the La Dolce Vita Cruises Pty Ltd, the Operator, its agents and employees, from and against any and all losses, claims, actions, costs expenses, fees, damages, fines and liabilities.
LIMIT OF LIABILITY
The Charterer acknowledges that they board the La Dolce Vita at their own risk and that La Dolce Vita Cruises will not be held responsible for any death, loss, damage or injury to any person or property which occurs. It is a condition of the Charter that the liability of the Operator, its servants, agents and sub-contractors is agreed to be limited in accordance with the Limitation of Liabilities and Maritime Claims Act 1989 (Cth).
The Charterer agrees to indemnify and hold harmless the La Dolce Vita Cruises Pty Ltd, 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.
The Operator is not liable for any death, loss, damage or injury to any person or property which occurs and which may or may not be attributable to or associated with:
(i) Failure to follow any reasonable direction given by the master or crew;
(ii) Failure to comply with any of these terms or conditions;
iii) Failure to comply with any warning sign;
(iv) Unreasonable or unsafe behaviour;
(v) Wilful misuse of the equipment or facilities of the vessel;
(vi) Intoxication or the use of prohibited drugs.
La Dolce Vita Cruises reserves the right to amend, alter or change the above terms and conditions at any time and without notice.