In these Terms and Conditions, the following terms have the following corresponding meaning:
Flotespace means Flotespace Pty Limited (ABN 17 623 89 096) being the agent through which the Charter is booked.
Charter means the Vessel cruise for which the Charterer is paying and the Operator is providing.
Charterer means the client who is paying for the Charter.
Charterer's Group means all the passengers who will take part in the Charter.
Master means the duly qualified person in charge of the Vessel.
Operator means the owner or operator of the Vessel as specified in the Quotation provided to the Charterer by Flotespace.
Vessel means the Operator’s vessel or vessels specified in the Schedule.
Quotes are valid for 14 days only.
3. Right of refusal
Flotespace reserves the right to refuse bookings which contravene these Terms and Conditions. The Charterer must provide all necessary details to Flotespace about the Charter and the Charterer’s Group.
4. Tentative Bookings
Tentative reservations will be held in good faith for up to 1 week pending payment of a deposit, or until another party wants to book the same Vessel, whichever is sooner. The booking is not secured until a deposit has been received by Flotespace.
5. Confirmation of Booking
A Charter will be confirmed on receipt of the deposit specified in the quotation and acceptance of these Terms and Conditions. All bookings made within 14 days of Charter date require payment in full at the time of booking.
The deposit payable will be 50% of the Vessel Charter fee unless otherwise specified in the Quotation.
7. Final Payment
Final guest numbers and final payment is required 14 days prior to the Charter unless otherwise agreed. The final guest numbers specified by the Charterer at least 14 days prior to the Charter will be deemed the minimum number of guests for catering charges. After this time the guest numbers may increase if agreed in writing by Flotespace/Operator, however they cannot decrease. Any additional passengers on the day are charged accordingly.
8. Methods of payment
EFT, cash or credit card. Credit card surcharges may apply.
More than 60 days prior: Deposit will be refunded less a $500 management fee only if another booking is secured for the Vessel for the same date and time for the same value. If another booking is not secured, the deposit is not refundable.
Between 60 to 28 days prior: Deposit is non-Refundable.
Cancellations made 27 to 14 days prior: Total monies paid are not refundable. Consideration will be given to food, staff and Vessel costs incurred due to cancellation.
Cancellations made less than 14 days prior: Full payment is non refundable.
10. Additional charges
Any additional charges on the day of service are to be immediately charged to the credit card provided by the Charterer. This includes but is not limited to extensions of Charter, additional guests, additional services, pay-on-consumption beverages, waiting time for embarking and disembarking at wharves, water taxis and any other additional charges notified by Flotespace or Operator to the Charterer or Charterer’s Group.
11. Responsible service of alcohol
The Operator is bound by the NSW Liquor Act and must abide by the guidelines for the Responsible Service of Alcohol. The Operator must refuse service of alcohol to both intoxicated persons and guests under the age of 18. The Operator may refuse service of alcohol to any individual in the Operator’s absolute discretion at any time. Intoxicated guests will not be permitted to board. The Operator has the right not to serve shots or doubles under any circumstances. Whenever alcohol is served on a Vessel, substantial food must also be provided to satisfy the RSA obligations. Light snacks such as chips and nuts are not considered to be substantial food. The Operator has the right to refuse guests boarding if sufficient food is not provided by the Charterer on to the Vessel.
Guests are not permitted to carry alcohol from the Vessel on disembarkation. Indecent behaviour on the Vessel is prohibited under the NSW Liquor Act and the Charter will be terminated in the event of unacceptable behaviour as determined by the Operator or the crew, and if such circumstances occur there will be no refunds.
The Charterer is required to pay a security bond as specified in the quotation. The security bond may be applied by the Operator to cover additional costs including but not limited to damage to the Vessel, its equipment and fittings, additional services, excessive cleaning charges and any other costs attributable to the Charterer’s Group. The security bond or the balance thereof will be refunded 7 days after the Charter.
13. Substitute Vessel
In the event of a mechanical problem to the booked Vessel, Flotespace reserves the right to provide another vessel of similar style and capacity in order for the Charter to be completed.
14. Weather Conditions
The Charter will proceed regardless of weather conditions unless deemed unsafe by the Master of the Vessel.
15. Charter course
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. 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 with regard to the weather conditions and other activity during the cruise.
16. Embarkation and Disembarkation
The Vessel will dock at the times stated on the booking confirmation. All guests have 15 minutes to board and 15 minutes to disembark from the times stated in the booking confirmation.
17. Responsibility of the Charterer
The Charterer is at all times responsible for the conduct of the Charterer’s Group.
18. Damage to the Vessel
The Charterer shall be liable for any loss or damage to the Vessel or its equipment or fittings howsoever caused by the Charterer’s Group. Fair wear and tear excepted.
19. Limit of Liability
It is a condition of the Charter that the liability of Flotespace, the Operator, its servants, agents, employees and subcontractors is agreed to be limited in accordance with the Limitation of Liabilities and Maritime Claims Act 1989 (Cth) and that any claim for loss or damage must be notified in writing within 7 days from the day of the Charter and any court action, suit or proceeding must be brought within 1 year of that date.
The Charterer agrees to indemnify and hold harmless Flotespace, the Operator, their agents, employees and invitees, 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 including:
(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; or
(vi) Intoxication or the use of prohibited drugs.
21. Risk warning
There are inherent risks and dangers on board the Vessel and other vessels. All passengers participate in the Charter entirely at their own risk.
Swimming is only permitted during daylight hours when the Vessel is stationary and in the absolute discretion of the Master or crew.
The laws of New South Wales govern these Terms and Conditions and the parties agree to submit to the jurisdiction of the Courts of New South Wales in respect of any disputes arising between them.
By accepting the quotation and paying a deposit, the Charterer agrees to be bound by these Terms and Conditions. The Charterer acknowledges that it has read and understood these Terms and Conditions and has or will convey these conditions to all of the Charterer’s Group.
TERMS AND CONDITIONS FOR USER GENERATED CONTENT
Flotespace occasionally reaches out to people in our community for permission to use their images, photographs, videos and other media, as well as associated material such their name, social media username, and other publicly available biographical material (content) in posts to our blog, Instagram, Twitter or videos uploaded to YouTube, and for advertising, marketing and other purposes, in our work, showing people first-hand what a Flotespace boat hire experience is like. We use this content to bring the experience to life, especially for people who have never had a social event aboard a boat.
We give credit to the photographer or videographer who takes these photos or videos where practical. We thank you for help in promoting the Flotespace on-water experiences, in order to encourage more people to try hosting their group or event on a Flotespace boat.
This Agreement constitutes a legally binding agreement between you and Flotespace (Parties). By approving the use of this content you will be deemed to have read and accepted these terms and conditions and agree to be bound by this agreement.
You warrant the following:
The content that is submitted is your original work and does not infringe any rights of any third party, including but not limited to, copyright, moral rights, trademarks, trade secrets, privacy, publicity, personal or proprietary rights. You own all copyright and moral rights in the content and have full power, title and authority to grant the license and this license does not infringe the rights of any third party.
The content that is submitted, if captured by a drone, complies with all local policies and legalities surrounding drone use. If applicable, you are licensed to operate a drone.
You have complied with all laws and regulations associated with acquiring or producing the content.
Photos and videos included in the content are safe and legal.
Photos and videos included in the content have been taken using safe and legal behaviour including in the case of whales in line with the approach zone laws.
Any person or persons whose image or likeness has been used in the content has given valid consent for the use of their image or has waived any rights they may have in the content. They have also given valid consent for use of their personal information.
The Parties agree:
Copyright of the content will remain owned by you. By using the content, Flotespace and any sub-licensee does not claim ownership of the copyright for this work.
You hereby grant to Flotespace a non-exclusive, royalty-free, worldwide, revocable, non-transferable, perpetual license (including a right of sub-license) to use, reproduce, modify, adapt, delete from, add to, broadcast, communicate and/or publicly display, the content for advertising, marketing, publicity, general promotion and exhibition purposes. The content may be used worldwide in any platforms across print and digital including web, applications, email and social media channels, pages or accounts.
You authorise Flotespace to disclose the content to third parties to the extent necessary to give effect to the use outlined.
Flotespace will not pay for use of the content.
Flotespace can, but do not have to, attribute you as author each time the content is used.
You can revoke this license at any time by contacting us in writing at [email protected] and informing us that you no longer want us to use the content, however such revocation applies to future use of content only. If you revoke the license, Flotespace will not re-post or implement any additional uses of the content from the time of receiving notice of revocation. Flotespace is under no obligation to delete or destroy content it has already published.
Flotespace will not become liable for any copyright infringement or other unlawful conduct arising from the content or use of the content. You indemnify Flotespace for all losses, costs and expenses incurred or suffered by Flotespace arising from any claim, suit, demand, action or proceeding by any person against it where such loss or liability was caused by breach of the warranties set out above.
In the event that the content contains personal information as defined under the Privacy and Personal Information Protection Act 1998, it will be held and used by Flotespace, in accordance with our Privacy Management Plan and Guidelines as amended from time to time.
You are providing your agreement for Flotespace to use your personal information for the purposes outlined at 8 above, and to disclose your personal information to third parties to the extent required to give effect to use outlined at 8 above.
You may request access to your information at any time. To access or update your information held by Flotespace, or for more details on our privacy obligations, please contact our team via [email protected]