TERMS AND CONDITIONS: The Company agrees to let and the Charterer agrees to hire the Vessel in consideration of the terms set forth herein: Unless discussed and agreed beforehand, all charters will start and finish at the Company dock located in the Viaduct Harbour, Auckland, New Zealand.
Unless previously described, discussed and agreed with Company this is a charter contract to cruise the waters of the Hauraki Gulf. Included: (Unless otherwise noted under Additional Conditions): the charter fee includes the services of a Captain and Crew, fuel and use of all on-board sports and agreed office equipment.
Excluded: Charter fee does not include meals, scuba diving, scuba equipment, food, beverages and fine wines, off-yacht excursions, dockage, telephone, airport transfers or similar expense incurred by the CHARTERER. These items can be included at an extra charge.
BOOKING TERMS & CONDITIONS
These Terms and Conditions (“Our Terms and Conditions”) apply to any charter booking. (herein referred to as “charter”) made with NZYachts4charter Ltd (herein referred to as “us”, “we” or “our”) and should therefore be read carefully. Booking terms and conditions of individual operating companies (such companies being herein referred to as “vessel”, “vehicle” or “event”) for whom we act as agent may vary. In any such instance the individual companies’ booking terms and conditions will take precedence over Our Terms and Conditions.
- YOUR CONTRACT Your contract is with us. When making your booking, the person signing the booking form or paying the deposit for the booking (the “charterer’’) must have and is taken by us to have the authority to do so on behalf of all the other people covered by the booking. Where “you” or “your” is used, this means the charterer and all people covered by the booking. By signing this agreement or paying the deposit, you are deemed to have read, understood, agreed to and accepted Our Terms and Conditions. A contract exists as soon as you pay the booking deposit and by making that payment you will be deemed to have accepted our quotation invoice and agreed to be bound by Our Terms and Conditions.
- YOUR BOOKING PRICE The prices for our services are in New Zealand Dollars. Prices are accurate at the date of publication. Once you have made your booking and paid a deposit of 50% per booking, the cost of your booking will not normally be subject to any change. However, we reserve the right to increase/surcharge or decrease prices, due to variations in service charges or fluctuations in exchange rates used to calculate the cost of your event. The balance of the price of your booking must be paid at least 21 days before your booking date or if it is booked less than 15 days prior to the departure date, upon making the booking. If the balance is not paid in time, we may cancel your arrangements and retain your deposit. Please make bank transfer/ automated payment on receipt of booking invoice. Note: the charter boat costs do not include any fees associated with on-shore activities at venues such as golf courses, clubs and restaurants unless by prior arrangement with us.
- IF YOU CANCEL YOUR BOOKING You may cancel your arrangements at any time. Written notification of cancellation from the charterer must be received at our offices. Cancellation will be effective on the date it is received by us. Cancellation charges are payable as set out in this clause 4 (“Cancellation Charges”) SUBJECT to terms and conditions as to cancellation of individual vessels, vehicles or events being inconsistent with the Cancellation Charges, in which case the conditions as to cancellation of such individual vessels, vehicles or events will take precedence over the Cancellation Charges. Period before departure within which notice of cancellation or major change is received by us Amount of charge 15 + days 50% of total booking cost (deposit only) 14 days and under 100% of total booking cost, plus catering deposit if cancellation is made after supplies have been purchased (usually 24-48 hours) Note: If the reasons for your cancellation are covered under the terms of your insurance policy, you may be able to reclaim these charges. Your deposit is not refundable.
- IF WE CHANGE OR CANCEL YOUR CHARTER The arrangements for bookings can be made many months in advance and it is sometimes inevitable that changes or cancellations may need to be made. We reserve the right to make such changes should they become necessary. Most of these changes will be minor and we will advise you of them at the earliest possible date. We will not cancel your arrangements less than 15 days before your departure date, except for reasons of Force Majeure, vessel mechanical problem or failure by you to pay the final balance. If we are unable to provide the booked travel arrangements and have had to cancel them before the booking is due to start, you can either:
- - accept our offer of a new booking subject to availability or
- -- accept a negotiated refund.
No compensation will be paid nor a replacement booking be offered where the change or cancellation is due to Force Majeure. “Force Majeure” means unforeseeable and unusual circumstances beyond our control. Such circumstances or events include (but are not limited to) war or threat of war, riot, civil strife, industrial dispute, unavoidable technical problems with transport, closure or congestion of airports, terrorist activity, natural or nuclear disaster, fire and adverse conditions. In the event that your booking is cancelled by the skipper or operator due to weather conditions, a Rain Check (replacement or postponed charter – subject to availability) may be offered. No refund will be made.