Terms & Conditions

Charter Terms and Conditions

Agreement: The Reference Schedule and these terms form a legally binding contract (Agreement) between You and Go Experience Pty Ltd. This agreement specifies the terms on which the Vessel will be made available to You for charter.

Operator: Go Experience Pty Ltd

You, Your: Pertaining to Charterer.

Charterer: Signatory to this Charter Agreement.

Vessel: Charter boat available for charter as agreed between Operator or Booking Agent and Charterer.

Charter Area: Sailing channels and waters as specified by Operator or Booking Agent.

Charter Reservations

(1) The booking (reservation) is considered confirmed once Go Experience P/L has received a deposit or payment towards the charterand a confirmation email has been sent.

(2) A reservation is subject to:

(a) acceptance by Go Experience Pty Ltd; and

(b) payment of the Charter Fee.

Go Experience Pty Ltd may decline a reservation without assigning any reason and where this occurs the Deposit will be refunded to You. A reservation will be taken to be accepted upon receipt of payment or deposit to, or on behalf of Go Experience Pty Ltd.

(3) Go Experience Pty Ltd reserves the right at any time to cancel the reservation for matters beyond its reasonable control. If this happens, the Deposit and any other moneys paid towards the Charter Fee will be fully refunded to You but, You will not have any further claim against Go Experience Pty Ltd for loss or damage arising directly or indirectly out of the cancellation.

Booking Agent

(4) Go Experience Pty Ltd may appoint a Booking Agent as its agent for placing and accepting a reservation. The Charter Fee (or any part of it) is received in trust by the Booking Agent for Go Experience Pty Ltd. The Booking Agent is not the agent of Go Experience Pty Ltd for any other purpose.

Charter

(5) Go Experience Pty Ltd will charter to You and You will take on charter the Vessel within the Charter Area for the Charter Period, on the terms and conditions of this Agreement.

(6) Go Experience Pty Ltd will provide the Vessel at the commencement of the charter properly crewed, and equipped and will so maintain the Vessel during the period of the charter. The cost of operating the Vessel including remuneration of the crew, running costs, maintenance and repair expense, mooring and harbour fees and the like will be borne by Go Experience Pty Ltd.

(7) The provision of food, beverages and any catering arrangements is subject to the Provisioning Arrangements specified in Item 15 of the Reference Schedule. The right to use recreational equipment in activities connected with the charter (e.g. fishing, snorkeling etc.) is included in the Charter Fee.

(8) The boat will be fully fueled at the commencement of the charter and with the exception of a set fuel charge paid prior to charter, any fuel expenses will be charged to You. The skipper can refuel the boat upon return to the marina and you can pay by cheque at the time of refueling. Failing this Go Experience Pty Ltd will send an invoice for fuel payable within 7 days and if not paid, can deduct the fuel cost from the Security Deposit paid by You.

Charter Fee and Payment

(9) The Charter Fee is payable for the right to charter and must be paid to Go Experience Pty Ltd or (if applicable) the Booking Agent as follows:

(a) as to the Deposit in part payment of the Charter Fee as required by clause 1; and

(b) as to the balance of the Charter Fee by the date specified in Item 10 of the Reference Schedule.

(10) The obligation on your part to pay the Deposit, the balance of the Charter Fee and the Security Deposit (under clause 24) are essential terms of this Agreement. If you fail to pay the Deposit the balance of the Charter Fee or the Security Deposit strictly by the due dates for payment, You will be in breach of this Agreement and Go Experience Pty Ltd may without further notice, give You a notice terminating this agreement. On termination the reservation will be taken as cancelled and in addition to any other rights that Go Experience Pty Ltd may have against You at law for breach of this Agreement, Go Experience Pty Ltd will be entitled to forfeit the Deposit.

(11) Payments under this Agreement may be made by cash, cheque, traveller’s cheque, money order, bank transfer, Visa, or Mastercard. Payments will not be taken as made until clearance of cheques. All payments must be made in Australian dollars net of all charges and taxes (including GST).

Cancellation by You

(12) Your deposit is non refundable. You can change your booking date to another date within 12 months of original booking and no fee will be charged if you make the change at least 60 days prior to Charter Date. The Deposit and all other monies (if any) paid towards, or on account of the Charter Fee or provisions, will not be refunded and will be forfeited in full to Go Experience Pty Ltd if you cancel less than 60 days prior to the Charter Date.

Sailing Guides – Role of Sailing Guide and Designated Skipper

(13) The sailing guide’s role is to assist you and give advice to help train you to operate the controls of the boat to a point where he feels you are in full control of the boat and you can be trusted on your own. Control of the Vessel is vested solely in the Skipper. You as the charterer must designate one person to be in charge as the skipper and responsible for the boat.

Self-Skippered (Bare Boat) Charters – Role of Skipper

(14) Go Experience Pty Ltd will appoint an experienced skipper to brief you and take you for an appropriate test drive of the vessel (this will take between 3-4 hours). During this time he will assess your ability and experience operating this type of vessel. If he assesses you as competent, he will hand over control of the Vessel to you as Skipper and all crew must comply with all directions reasonably given by the Skipper concerning all aspects of the operation, for example:

(a) directions relating to use of the facilities and equipment, including recreational

equipment;

(b) directions relating to safety issues; and

(c) observance of the non-smoking policy.

You must also complete,sign and date the schedule and briefing checklist on or before the day of departure of your reservation.

(15) If the Skipper deems You to not have the suitable experience or qualifications, he will advise you of this and then accompany you on the Charter as a sailing guide for a period to be determined by the Skipper (from 24 hours to entire Charter period).

(16) The Briefer is contactable 24 hours per day for advice and guidance and You must report in to him every morning at 8:30am and evening at 4pm via radio or Satellite phone.

(17) As the appointed Skipper You are responsible for the safe navigation of the Vessel must abide by the following conditions:

(a) You are to be the sole judge as to whether it is reasonable or prudent to travel at any given time having regard to all surrounding circumstances including weather

conditions;

(b) You are to be the sole judge as to whether any specified anchorage is reasonably

safe and agree only to anchor the vessel in locations authorised by Go Experience Pty Ltd;

(c) You agree to have the vessel anchored for overnight stays by 4pm each day.

(d) You are NOT under any circumstances to operate the vessel in the dark;

(e) In an emergency situation you have marine radio and satellite telephones to call the appropriate emergency services.

(18) You are NOT permitted to park the vessel in any marina berths without assistance from marina or Go Experience staff. You must give the marina a minimum 2 hours notice via radio or satellite telephone of your estimated time of arrival (ETA) to request a chase boat to meet you.

Damage, Breakages, etc.

(19) You, your invitees/guests must use the Vessel, its facilities, fixtures, fittings and furnishings and all equipment including recreational equipment with reasonable care. You are responsible for the cost of:

(a) making good any damage to the Vessel or to its facilities, fixtures, fittings, furnishings and equipment caused or contributed to by You or your invitees/guests;

(b) replacing items which have been damaged and which are not economically able to be repaired, including replacing items of recreational equipment which are lost or

damaged by You or your invitees/guests; and

(c) excessive or abnormal cleaning of berths or other parts of the Vessel occasioned by want of care, arising out of your or your invitees/guests use of the Vessel, its facilities etc.

(d) Smoking is NOT permitted in the enclosed areas (including cabins, bathrooms,

saloon and flybridge) of the boat at any time. If evidence of smoking is apparent, a

fee of $500 will be deducted from Your Security Deposit to cover deodourisation and

additional cleaning costs.

Dangerous Goods etc.

(20) You, your invitees/guests must not bring on to the Vessel any dangerous or illegal/illicit goods, drugs or other substances (dangerous goods). If You or your invitees/guests do so, the Skipper may impound the dangerous goods and remove them from the Vessel and/or (where applicable) deliver them up to relevant authorities. Go Experience Pty Ltd will not be liable to You or your invitees/guests for any loss or damage where any dangerous goods are impounded, removed from the Vessel and/or delivered to relevant authorities. Where You, your invitees/guests are in breach of this clause You must

indemnify Go Experience Pty Ltd, its crew and any servant or agent of Go Experience Pty Ltd against liability or loss including for any fines or penalties.

Security Deposit

(21) The Security Deposit is payable as a Security Deposit against or towards the cost to Go Experience Pty Ltd of making good any damage and replacing equipment and the cost of cleaning as contemplated in clause 22. Where clause 22 applies, Go Experience Pty Ltd may call on the Security Deposit and appropriate to itself all or any part of the Security Deposit. Go Experience Pty Ltd must refund to You the Security Deposit or any appropriated part within 14 days of completion of the charter.

With the exception of Set fuel Charge paid prior to charter, Fuel is charged at cost and at the end of charter, the amount of fuel used will be calculated and any additional charges will be invoiced to You, to be paid or held from the refund of Your Security Deposit.

(22) For Self-Skippered Charters, a diver will inspect propellers and the underneath of boat for signs of ground damage. If any damage is evident, a report will be sent to You and the Security Deposit will be kept in full by Go Experience Pty Ltd for repair of damages until a quotation for the full cost of repair is obtained.

Suspension or Cancellation

(23) Go Experience Pty Ltd has the express right to suspend commencement of the charter or (at its election) cancel the charter if:

(a) dangerous weather conditions exist at the beginning of the Charter Period;

(b) mechanical or some other serious vessel related operational failure occurs which

cannot reasonably be rectified before commencement of the Charter; or

(c) the charter cannot commence at the beginning of the Charter Period for some other matter or thing beyond the reasonable control of Go Experience Pty Ltd.

(24) If during the Charter Period an event occurs as contemplated under clause 26, Go Experience Pty Ltd may elect to cancel the charter. Where the charter is cancelled before its commencement, Go Experience Pty Ltd must refund to You the Charter Fee in full as provided for in clause 3. Where the charter is suspended or where the charter is cancelled during its currency Go Experience Pty Ltd must refund to You a proportionate part of the Charter Fee for each day lost. This is the extent of Go Experience Pty Ltd’s liability to You.

(25) You have no right to suspend the charter or to cancel the charter (except as provided for in clause 11). You understand and accept that weather and sea conditions are beyond the control of Go Experience Pty Ltd and that unpleasant conditions may prevail at times or during the entire Charter Period. Such conditions are not by themselves a ground on which you may rely to cancel a charter and seek a refund of the Charter Fee or any part of it.

Risk and Indemnity

(26) You understand, accept and acknowledge that activities associated with the charter may be dangerous and hazardous and accordingly if you choose to undertake any such activities You do so at your sole risk.

(27) You are liable for and indemnify Go Experience Pty Ltd, its crew and any servant or agent of Go Experience Pty Ltd against liability or loss arising from and costs incurred in connection with:

(a) damage, loss, injury or death caused or contributed to by your act, negligence or

default or that of your invitees/guests; and

(b) damage, loss, injury or death caused or contributed to by your breach of this

Agreement, except to the extent that Go Experience Pty Ltd, its crew or any servant or agent of Go Experience Pty Ltd contributed to the damage, loss, injury or death.

Limitation of Liability

(28) To the extent permitted by law, any liability of Go Experience Pty Ltd, its crew or any servant or agent of Go Experience Pty Ltd in negligence relating directly or indirectly to the charter or activities undertaken by You is excluded and You release Go Experience Pty Ltd, its crew or any servant or agent of Go Experience Pty Ltd from any liability.

(29) Nothing in this Agreement affects your rights under the Trade Practices Act 1974 (Cth) or similar legislation under which Go Experience Pty Ltd’s liability may not be restricted, excluded or modified by private agreement.

(30) If Go Experience Pty Ltd is liable to You for any:

(a) breach by Go Experience Pty Ltd of an express term of this Agreement;

(b) breach by Go Experience Pty Ltd of any term implied in this Agreement under the

general law; or

(c) negligence on the part of Go Experience Pty Ltd, its crew or any servant or agent

of Go Experience Pty Ltd,

Go Experience Pty Ltd’s liability to You is limited to Go Experience Pty Ltd repaying to You all amounts paid by You under this Agreement.

Search and Rescue/Emergency

(31) I agree to pay for any search, rescue, recovery, emergency hospital transport costs etc. related to or incurred during my charter.

Blood Alcohol Limit/Curfew

(32) I fully understand that there is a blood alcohol limit of 0.05% whilst operating a vessel. I do also understand that a responsible person must remain sober at all times during the night in case of change of weather conditions, possible dragging of the anchor, or other similar circumstances which may involve action. I am required to be secured on anchor or mooring before 4pm each afternoon. I am not permitted to move the vessel after 4pm or during the night.

General

(33) This Agreement:

(a) is governed by the law applicable in Queensland and each party submits to the jurisdiction of the courts of Queensland; and

(b) is the entire agreement between Go Experience Pty Ltd and You in respect of the charter.

(34) In this Agreement:

(a) where a term used in these Charter Terms appears in bold type in the Reference

Schedule, that term has the meaning shown next to or under it, in the Charter Terms;

(b) reference to a person includes a body corporate and to a party includes the party’s executors,

administrators, successors and permitted assigns;

(c) references to clauses are to clauses in this Agreement; and

(d) headings are inserted for convenience only and do not affect the interpretation of this Agreement.

(35) If anything in this Agreement is unenforceable, illegal or void then it is severed from this Agreement and the rest of this Agreement remains in force.


End Of Agreement.

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