Booking Terms and Conditions
These Terms and Conditions (“Our Terms and Conditions”) apply to any booking including charters, tours, adventures, events, restaurants and accommodation (herein referred to as “charter”, “booking” or “event”) made with Decked Out Yachting 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.
1. 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 “Party Leader’’) 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 Party Leader and all people covered by the booking. By signing the form 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.
2. 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 14 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.
3. IF YOU CHANGE YOUR BOOKING
If, after our confirmation invoice has been issued, you wish to change your arrangements in any way we will do our utmost to make these changes, but it may not always be possible. Any request for changes to be made must be in writing signed by the Party Leader. Please check whether your holiday or business insurance will cover any changes or increased costs resulting from a change. Requests for changes to your booking should be sent to firstname.lastname@example.org Bookings specifically for the purpose of viewing an event (for example a regatta, race, other sporting or general entertainment event) will still be considered bound by Our Terms and Conditions in the event of a cancellation by the organisers. All modifications to menu choices or guest numbers must be received within five days before booking date and may involve a modification of cost.
4. IF YOU CANCEL YOUR BOOKING
You may cancel your arrangements at any time. Written notification of cancellation from the Party Leader 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 except in the instance of one of the following:
- We agree in writing that a deposit is refundable
- If the vessel, vehicle or event booked by us becomes unfit for the booking (in the case of a mechanical breakdown) a portion of the deposit may become refundable or may be offered if agreed to by the event’s Owners or Managers.
5. 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 replacement booking (subject to availability), or
- Accept a negotiated refund where the vessels, vehicles or events allow this under their booking terms and conditions.
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.
6. BOOKING TERMINATION AND INDEMNITY
You must accept responsibility for the proper conduct of yourself and any members of your party. We reserve the right in our absolute discretion to terminate without further notice the booking arrangements of any client who refuses to comply with the instructions or orders of our staff, agent or other responsible person, or whose behaviour or competence in our opinion is likely to cause distress, damage, danger or annoyance to the crew, other customers, staff, any third party, any person or to property. Upon such termination our responsibility for your booking ceases and we shall not be liable for any extra costs incurred by you. You agree to be responsible for and to replace or make good any damage to the operator caused by any of the guests of your booking. The skipper or operator shall be responsible for the running of the vessel, vehicle or event and for the safe navigation of the vessel, vehicle or event and the guests will abide by his or her decisions with regard to sailing, navigating, anchorage, locations for activities and the like. Use of any illegal substances on the booking will result in instant termination of the booking, forfeiture of any monies paid and possible further criminal charges.
8. LIABILITY AND RISK
You must ensure that you and any members of your party are aware of the risks that may arise from your booking. Activities may include general boating and swimming, fishing, snorkelling and scuba diving, wind surfing, surfing, jet skiing and other sporting and outdoor activities. You and all members of your party must be competent to use sporting equipment required for any such activity and exercise all due care and attention when doing so. You and your party engage in activities and the use of sporting equipment entirely at your own risk and we shall not be liable in the event of injury or death resulting from any such activity. We strongly recommend that all persons have full insurance covering any injury they might suffer, including medical treatment cover, before undertaking any such activity.
In cases where we act as agent for any vessel, vehicle or event the Party Leader and all members of the party must assume the risk for any sporting and general outdoor activity, in accordance with the individual companies’ booking terms and conditions and we shall have no liability whatsoever in respect of any such activity. We shall not be liable for delay or disruption in respect of your booking of any vessel, vehicle or event and any dispute arising from such delay or disruption, or from the delivery or quality of food or beverages provided for any such vessel, vehicle or event shall be the responsibility of the provider thereof in accordance with their individual booking terms and conditions.
The course of the vessel, vehicle or event taken during the booking is at the sole discretion of the captain or operator in conjunction with Maritime Law, Local Harbour By-Laws and Tour Operators Law. No guarantee is given or implied by Decked Out Yachting Ltd that travelling to a destination is possible but every effort will be made to meet destination requirements.
Vessels, vehicles or events are responsible for their own Liquor Licences and General Managers Certificates. Liquor Licensing Authority states that no intoxicated persons shall be served alcohol from the bar. The captain or operator may use his/her discretion to prohibit intoxicated persons from boarding vessels, vehicles or events or may remove such persons once they are on board. The captain or operator may issue instruction that intoxicated persons are no longer to consume alcohol or be served alcohol.
11. IF YOU HAVE A COMPLAINT
If you have a problem during your booking, please inform a relevant member of our staff or crew member immediately, who will endeavour to put things right. If your complaint is not resolved locally, please follow this up within 28 days of your booking in writing to our Company, giving your booking reference and all other relevant information. It is strongly suggested that you communicate any problem to crew or staff without delay and complete a report whilst at the base. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were on the booking and this may affect your rights under this contract. It is unlikely that you will have a complaint that cannot be settled amicably between us. However disputes to do with this contract which cannot be settled amicably may (if you wish) be referred to an independent Arbitrator agreed to by both parties. This will be done to ensure an outcome can be achieved with a minimum cost to both parties.