Legal information

1. Definitions

In this agreement, the following terms have the following corresponding meanings:

• Charter: The cruise for which the Charterer is paying and the Operator is providing.
• Charterer: The client who is paying for the Charter.
• Charterer’s Group: All passengers who will take part in the Charter.
• Master: The duly qualified person in charge of the Vessel.
• Operator: The owner or operator of the Vessel as specified in the Schedule.
• Vessel: The Operator’s vessel specified in the Schedule.

2. Supplier Quotations

• Supplier quotes are valid for 14 days only.

3. Right of Refusal

• The Operator reserves the right to refuse bookings that contravene these Terms & Conditions.
• The Charterer must provide all necessary details about the Charter and the Charterer’s Group.

4. Conditions of Boarding

• All passengers must meet the Conditions of Boarding before boarding the vessel.
• The Conditions of Boarding will be provided to the Charterer before the Charter.
• By boarding the vessel, all passengers agree to abide by the Conditions of Boarding.
• Each passenger must provide their contact information before boarding.

5. Securing Your Booking

• The booking is not secured until a deposit has been received.
• The first enquiry to pay a deposit for a specific date secures the booking.

6. Confirmation of Booking

• A Charter is confirmed once the deposit has been received, and the Terms & Conditions have been signed.
• Bookings made within 14 days of the Charter date require full payment at the time of booking.

7. Holding Deposit

• A deposit of $1,000 is required to secure the charter booking.

8. Final Payment

• Final guest numbers and full payment are due 14 days before the Charter, unless otherwise agreed.
• Final guest numbers provided 14 days before the event are considered the minimum for catering charges.
• Additional guests may be allowed if approved but cannot decrease in number.
• Any extra passengers on the day will be charged accordingly.

9. Methods of Payment

• Accepted payment methods: EFT, cash, or credit card (surcharges may apply).

10. Cancellations, Refunds & Reschedules

• More than 28 days before Charter:
  1. The Charterer may cancel or reschedule to another date (one reschedule permitted).
  2. If cancelling, the Charterer will receive a refund minus the $1,000 deposit.
• 14 to 28 days before Charter:
  1. Reschedules are allowed once, to another available date.
  2. No refund is provided if the Charterer chooses to cancel.
• Less than 14 days before Charter:
  1. No refunds or reschedules are available.
  2. The full payment is non-refundable.
• If the Operator cancels the Charter due to unsafe conditions, vessel breakdown, or government restrictions, the Charterer will be offered:
  1. A full refund, or
  2. A rescheduled date (if suitable for both parties).
• If the Charter is impacted by government restrictions, extreme weather, or force majeure events, the Operator will offer a reschedule or refund at its discretion.

11. Additional Charges

• Any additional charges incurred on the day (e.g., extra guests, extra time, additional services, waiting time at wharves, water taxis) will be immediately charged to the Charterer’s credit card.

12. Responsible Service of Alcohol & Unruly Behaviour

• Rosie Boat Charters promotes the responsible consumption of alcohol in accordance with the Queensland Liquor Act 1992.
• Passengers who are intoxicated, aggressive, or disruptive will be refused entry or removed from the vessel without refund.
• The Master has full discretion to end the Charter early if a passenger’s behaviour endangers the safety of others.
• No illegal substances are allowed on board.

13. Bond

• A security bond may be required and will be applied toward damages, additional services, excessive cleaning, or other attributable costs.
• Any unused balance of the bond will be refunded within 7 days after the Charter.

14. Mechanical Issues

• If the vessel experiences mechanical failure, Rosie Boat Charters reserves the right to cancel the Charter.
• All monies paid will be refunded, but third-party expenses (e.g., catering, transport) will not be covered.

15. Weather Conditions

• Charters proceed regardless of weather conditions unless deemed unsafe by the Master.

16. Charter Course

• The course of the Charter may be agreed upon in advance or at the Master’s discretion.
• The Master has full discretion to alter the course for safety and welfare reasons.

17. Embarkation & Disembarkation

• The vessel will dock at the times stated in the booking confirmation.
• Guests have 15 minutes to board and 15 minutes to disembark.

18. Responsibility of the Charterer

• The Charterer is fully responsible for the conduct of their group.

19. Damage to the Vessel

• The Charterer is liable for any damage to the vessel or its equipment, except for fair wear and tear.

20. Risk & Liability Disclaimer

• Passengers participate at their own risk, and the Operator takes all reasonable safety measures.
• The Operator cannot waive liability for negligence, but passengers must comply with all safety instructions.

21. Swimming Policy

• Swimming is only permitted:
  • During daylight hours.
  • When the vessel is stationary.
• Intoxicated guests are not permitted to swim.
• Guests who ignore safety instructions assume full liability for any injuries.

22. Photo & Media Consent

• The crew may capture photos and videos during the Charter for marketing and promotional use.
• Passengers who do not consent must notify the crew before boarding.

23. Privacy Policy

• Passenger information is collected only for safety, legal, and operational reasons.
• No personal data will be shared except as required by law.

24. Jurisdiction

• This agreement is governed by the laws of Queensland.
• Any disputes shall be handled by Queensland courts.

25. Acceptance of Terms

• By paying a deposit, the Charterer agrees to these Terms & Conditions.
• The Charterer must convey these terms to their guests.