newhorizoncharters.com

Terms and conditions of the charter

1. Charter bookings will only be accepted on receipt of a 50% deposit. The vessel will remain available on the international market for charter until deposits have been received and cleared. The remaining balance of 50% of the agreed charter fee is payable 14 days prior to departure.
2. In the case of a booking being made within 14 days of the departure date, full payment must be received and cleared before acceptance of the booking by the Owner.
3. In the event of cancellation by the Charterer, more than 90 days before the departure date, the payments made will be refunded, less a booking and handling fee equal to 10% of the agreed charter fee. In the event of cancellation by the Charterer, less than 90 days but more than 14 days before the departure date for the charter the payments made will be refunded, (less the 10% booking and handling fee) only if the Owner secures a replacement rebooking of equal or greater value for the same charter period. Refunds for catering or other services booked at the request of the Charterer will only be made where the Owner is able to cancel those services without penalty and any penalty fees for cancellation of those services will be charged to the Charterer.
4. The Charterer agrees to be responsible for and to replace or make good any loss or damage to the vessel and its equipment caused by the act omission or negligence of the Charterer or Charterer's passengers or invitees.
5. The Owner warrants that the vessel is seaworthy and registered under the relevant survey standards required by Waterways NSW.
6. The Owner will provide suitably qualified skipper and crew at the Owner's expense.
7. While the Charterer will be given reasonable opportunity to indicate the location or locations within the Charter Area which they wish to visit during the charter, the vessel will be under the control and direction of the skipper at all times and he is to be the sole judge of whether it is reasonable or prudent for the vessel to travel at any given time or to any given location having regard to the conditions, location and other circumstances at the time. The skipper shall also be the sole judge of whether any anchorage is reasonably safe or appropriate.
8. The Owner will take reasonable steps to ensure that the times as arranged for the charter are maintained but shall not be responsible for delays caused by foul weather, port authority, Waterways or other authority restrictions or circumstances otherwise beyond the Owner's control. The Charterer may terminate the charter and receive a refund of any money paid to the Owner for the charter if through any fault or negligence on the part of the Owner the vessel is not available to commence the charter within 3 hours after the scheduled charter commencement time. Refund of fees will be the only compensation for which the Owner is liable in those circumstances.
9. If due to circumstances beyond the control of the Owner or skipper (such as changes in weather conditions or port authority restrictions) the vessel cannot complete the charter within the duration scheduled for the charter, the Owner's reserves the right to charge the Charterer additional charter fees for any extended period of time.
10. The vessel is licensed to carry a maximum of 38 passengers (plus crew). The Charterer must not at any exceed this number of passengers or invitees and the owner and the skipper can refuse to sail the vessel if this number is exceeded.
11. The Charterer and all passengers must obey the directions of the instructions of the skipper and crew regarding all navigation and safety matters and must not interfere with the safe navigation or operation of the vessel. The skipper shall be entitled to remove any passenger from the vessel who in the skipper's opinion endangers or may endanger the vessel or any of the passengers or crew or disobeys a reasonable direction given by the skipper or crew in respect to a matter affecting safety navigation or safety. The Owner reserves the right to inspect any baggage or goods brought onto the vessel by the Charterer, their passengers or invitees and to prohibit any items from being brought on board the vessel where the Charterer considers it necessary for safety or other reasons.
12. Except to the extent required by the Trade Practices Act or as otherwise required by law, the Owner shall not be liable on behalf of itself its servants or agents for any injury, loss or damage suffered by any person arising from or in the course of the charter and the Charterer indemnifies New Horizons Boat Charter against any such claims.
13. In the event that the Owner is liable to the Charterer for any loss or damage (other than in respect of death or personal injury) then the Owner's liability shall in any case be limited to a maximum of the amount of the charter fees paid by the Charterer to the Owner for the charter and the liability of the Charterer shall be reduced to the extent the loss or damage was caused or contributed to by the act, omission or negligence of the Charterer, its passengers or invitees.
14. The Charterer indemnifies the Owner, the skipper and the crew against any damages claims or liabilities suffered or incurred as a result of the negligence of the Charterer, its passengers or invitees.
15. In these terms and conditions:
    "Owner" means Geoff Neville, trading as New Horizons Boat Charter .ABN 87 864 996 - Postal Address: Po Box 78, Ingleburn NSW 1890, Australia
    
    "Vessel" means the MV New Horizon; "Charterer" means the person or entity described as such in the Booking Form.
16. Guests are requested not to wear black soled shoes.
17. MV New Horizon is an On-License (Vessel) and holds Premises License Number 24009533. 
18. The scheduled charter time commences once the vessel docks in at the wharf of boarding (not when once all the passengers have boarded) and the completion of the charter time is once the vessel has docked back at the wharf for all the passengers to disembark.
19. All rules governing the Responsible Service of Alcohol will be adhered to for all alcohol served and consumed onboard the vessel.
20. Serving of alcohol commences once all the passengers have boarded the vessel and the vessel has moved off the wharf. Beverage service ceases 15 minutes before docking at the wharf of disembarkation.
21. Website listed charter package and vessel charter prices maybe subject to change without notice.

1. You should read the following Terms and Conditions before using New Horizons Boat Charter website ("this website"). Your use of this website is governed by the following Terms & Conditions. If you do not agree with all these Terms and Conditions, please exit the website now. By using this website you agree to comply with, and be bound by, these Terms and Conditions.

1. The information contained in this website ("Information") has been prepared for general information and it is not intended that the Information be relied on by recipients. New Horizons Boat Charter does not give any warranty as to the accuracy, reliability, or completeness of the Information and accepts no responsibility for updating or correcting any part of the Information.
2. New Horizons Boat Charter and its directors, officers, employees and consultants do not accept any liability (whether arising in contract, or tort, or negligence or otherwise) for any error, omission or misrepresentation in relation to the Information or for any loss, damage, cost or expense (whether direct, indirect, consequential or otherwise) incurred by any person whatsoever arising out of or referable to the Information on this website or accessed through this website.

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