THE FINE PRINT

Terms & Conditions

These Terms & Conditions apply to all cruises, private charters, functions, events and related services provided by Elizabeth Anne Charters.

By making a booking, paying a deposit or other amount, purchasing a ticket, boarding the vessel, or participating in a cruise, charter, function or event, the customer agrees to be bound by these Terms & Conditions.

1. Bookings and payments

1.1 Availability

All bookings are subject to vessel availability, operational requirements and confirmation by Elizabeth Anne Charters.

1.2 Booking confirmation

A booking is confirmed once Elizabeth Anne Charters has received the required initial payment and issued written confirmation of the booking.

The booking remains subject to the Customer making all subsequent payments by the due dates specified in these Terms & Conditions or the booking confirmation.

If a payment is not received by the applicable due date, Elizabeth Anne Charters reserves the right to cancel or release the booking and make the vessel available for other bookings, unless otherwise agreed in writing by Elizabeth Anne Charters.

1.3 Payment schedule

Unless otherwise agreed in writing, private charter bookings are payable according to the following schedule:

• 20% of the total booking fee is payable at the time of booking.
• 50% of the total booking fee is payable 30 days prior to the scheduled charter date.
• 30% of the total booking fee is payable 14 days prior to the scheduled charter date.

The Customer is responsible for ensuring that each payment is received by Elizabeth Anne Charters by the applicable due date.

1.5 Payment methods

Payments may be made through the payment methods made available by Elizabeth Anne Charters, including:

• online payment;
• a payment link provided by Elizabeth Anne Charters; or
• card payments via phone.

Elizabeth Anne Charters may offer additional payment methods at its discretion.

1.6 Failure to make payment

If any payment is not received by the applicable due date, Elizabeth Anne Charters may:

• cancel the booking;
• refuse to confirm or continue the booking;
• release the vessel for other bookings; and/or
• recover any outstanding amounts that are payable under the booking.

Any amounts already paid remain subject to the non-refundable payment provisions of these Terms & Conditions.

1.7 Prices

Prices are based on the inclusions stated in the quotation or booking confirmation.

Additional services, upgrades, catering, beverages, entertainment, decorations, cleaning, equipment hire, overtime and other services may incur additional charges.

1.8 Guest numbers

The Customer must not exceed the maximum passenger capacity specified for the vessel or booking.

The Customer is responsible for providing accurate guest numbers to Elizabeth Anne Charters by the required deadline.

Where the final number of guests is lower than the number originally booked, the booking fee will not be reduced, and no refund will be provided.

Where the number of guests increases, Elizabeth Anne Charters may require payment of additional charges prior to final payment deadline, and is not obliged to accommodate additional guests where doing so would exceed the vessel's permitted capacity or operational requirements.

2. Customer cancellations

2.1 Non-refundable payments

All deposits and payments made towards a booking are non-refundable.

2.2 Customer cancellations

If a Customer cancels a booking for any reason, all deposits and payments already made to Elizabeth Anne Charters will be retained and will not be refunded.

Where a cancellation occurs after a further payment has become due under the agreed payment schedule, the Customer remains responsible for any outstanding amount payable under the booking.

2.3 Date changes

Requests to change the date of a booking are subject to availability and approval by Elizabeth Anne Charters.

A date change is not guaranteed and will only take effect once confirmed in writing by Elizabeth Anne Charters.

All payments already made will remain non-refundable. Any additional costs associated with changing the booking, including costs incurred by third-party suppliers, may be payable by the Customer.

2.4 No-shows

If a Customer or passenger fails to attend the scheduled departure, the booking will be treated as a no-show.

All deposits and payments remain non-refundable and no refund, credit or transfer will be provided.

2.5 Add-ons and third-party services

Deposits and payments for additional services, including catering, grazing platters, beverages, DJs, entertainment, decorations, flowers, equipment hire and other third-party services, are also non-refundable.

Where Elizabeth Anne Charters has incurred additional costs or commitments in connection with these services, the Customer remains responsible for those costs where applicable.

3. Charter times and departure

3.1 Charter duration

Unless otherwise agreed in writing, the charter time includes boarding and disembarkation.

3.2 Arrival time

Passengers must arrive at the designated departure location at least 10 minutes before the scheduled departure time, or earlier where specified by Elizabeth Anne Charters.

3.3 Scheduled departure

The vessel will depart at the scheduled time.

Late passengers may not be accommodated, and Elizabeth Anne Charters is not required to delay the vessel to wait for late passengers.

No refund or credit will be provided where a passenger fails to board because they arrived late.

3.4 Passenger delays

Elizabeth Anne Charters is not responsible for delays caused by passengers, including delays arising from late arrival, boarding, catering, photography, entertainment or other customer-requested activities. Late passengers may impact the program schedule.

3.5 Overtime

The vessel must return or complete the charter at the agreed time.

Any extension of the charter is subject to vessel availability, operational requirements, crew requirements and approval by the Master.

Additional charges may apply for any approved extension.

4. Passenger conduct and authority of the Master

4.1 Authority of the Master

The Master of the vessel has ultimate authority over the operation, navigation and safety of the vessel.

The Master may make decisions regarding routes, destinations, speed, departure, docking, passenger movements, alcohol service and any other matter necessary for the safe operation of the vessel.

4.2 Compliance with directions

All passengers must comply promptly with reasonable directions given by the Master, crew or representatives of Elizabeth Anne Charters.

4.3 Refusal of boarding or removal

Elizabeth Anne Charters reserves the right to refuse boarding to, or remove from the vessel, any passenger who:

• is intoxicated or appears to be under the influence of alcohol or drugs;
• behaves in a disorderly, offensive, threatening, abusive, dangerous or disruptive manner;
• behaves in a manner that may endanger themselves, another person or the vessel;
• damages or threatens to damage the vessel or property;
• fails to comply with reasonable instructions from the Master or crew;
• engages in unlawful behaviour; or
• otherwise presents a safety or operational risk.

Where a passenger is refused boarding or removed due to their conduct, no refund or compensation will ordinarily be payable.

4.4 Customer responsibility for guests

Where a Customer makes a private charter booking, the Customer is responsible for ensuring that their guests are aware of and comply with these Terms & Conditions and all directions given by Elizabeth Anne Charters and the crew.

5. Alcohol and responsible service

5.1 Applicable laws

Where alcohol is supplied or consumed during a charter, all alcohol service and consumption must comply with applicable liquor licensing laws and regulations.

5.2 Responsible service

Elizabeth Anne Charters and its employees, contractors and crew may refuse service of alcohol to any person where required or considered appropriate.

Alcohol will not be supplied or served to a person who is intoxicated or behaving inappropriately.

5.3 Stopping alcohol service

The Master and crew have discretion to stop or restrict alcohol service where they consider it necessary for safety, compliance or responsible service reasons.

5.4 No refund for cessation of alcohol service

Where alcohol service is stopped or restricted due to intoxication, inappropriate behaviour, safety concerns or legal requirements, the Customer will not ordinarily be entitled to a refund or reduction in the charter fee.

5.5 BYO alcohol

BYO alcohol is only permitted where expressly approved by Elizabeth Anne Charters in advance.

Elizabeth Anne Charters may impose restrictions on the type, quantity and method of consumption of BYO alcohol.

Customers must not bring alcohol onto the vessel without prior approval where Elizabeth Anne Charters requires approval.

5.6 Service and corkage fees

Corkage, service fees, beverage packages, glassware, ice, refrigeration, bar services and other beverage-related services may incur additional charges.

5.7 Illegal substances

Illegal drugs or other prohibited substances must not be brought onto or consumed on the vessel.

6. Add-on and optional services

Elizabeth Anne Charters may offer optional services including, but not limited to:

• catering;
• grazing platters;
• food and beverages;
• beverage packages;
• DJs;
• live entertainment;
• decorations;
• balloons;
• flowers;
• cakes;
• photography or videography;
• equipment hire;
• special styling;
• entertainment and performers; and
• other third-party services.

6.1 Availability

All add-on services are subject to availability and may be supplied by Elizabeth Anne Charters or third-party suppliers.

6.2 Third-party suppliers

Where an add-on is supplied by a third-party supplier, the Customer may also be subject to that supplier's terms and conditions.

Elizabeth Anne Charters is not responsible for the acts or omissions of an independent third-party supplier except to the extent required by law.

6.3 Cancellation of add-ons

Certain add-ons require Elizabeth Anne Charters or a third-party supplier to make advance commitments or incur non-refundable costs.

If an add-on is cancelled, amended or reduced by the Customer, the Customer may be responsible for any non-refundable or unrecoverable costs incurred by Elizabeth Anne Charters or the relevant supplier.

6.4 Changes

Changes to add-on services may not be possible after the applicable finalisation deadline.

Where changes are possible, additional fees may apply.

7. Catering and food

7.1 Availability

All catering, food, grazing platters and related services are subject to availability.

7.2 Final guest numbers

Final guest numbers must be provided by the deadline specified by Elizabeth Anne Charters.

Catering quantities and pricing may be based on the final confirmed number of guests.

7.3 Dietary requirements

Customers must advise Elizabeth Anne Charters of all known dietary requirements and allergies by the applicable deadline.

Elizabeth Anne Charters will communicate disclosed dietary requirements to the relevant caterer where appropriate.

Elizabeth Anne Charters cannot accept responsibility for reactions arising from dietary requirements or allergies that were not disclosed in advance.

7.4 Food supplied by customers

Customers must not bring food onto the vessel without complying with any requirements imposed by Elizabeth Anne Charters.

Elizabeth Anne Charters may restrict or refuse customer-supplied food where necessary for safety, hygiene, storage or operational reasons.

7.5 Food safety and consumption

Once food has been supplied, served or accepted by the Customer, responsibility for the safe handling and consumption of that food may rest with the Customer, subject to applicable law and the terms of the relevant caterer.

7.6 Leftover food

Elizabeth Anne Charters does not guarantee that leftover food can be taken from the vessel after the charter.

Any removal of leftover food is subject to food safety, storage and operational requirements.

8. Decorations, equipment and customer-supplied items

8.1 Approval

Any decorations, equipment, furniture, entertainment equipment, signage, flowers, balloons or other items brought onto the vessel by the Customer or their suppliers must be approved by Elizabeth Anne Charters in advance.

8.2 Prohibited items

Items that may damage the vessel or present a safety risk may not be permitted.

This may include, without limitation, open flames, candles, confetti, glitter, adhesives, nails, staples, certain balloons, smoke effects or other materials.

8.3 Installation and removal

Unless otherwise agreed in writing, the Customer is responsible for ensuring that customer-supplied decorations and equipment are delivered, installed and removed within the agreed times.

The Customer must not interfere with vessel fixtures, fittings or safety equipment.

8.4 Cleaning and damage

Additional cleaning, removal, repair or replacement costs resulting from decorations, equipment or other customer-supplied items may be charged to the Customer.

9. Safety

9.1 Inherent risks

Passengers acknowledge that boating and marine activities involve inherent risks, including movement of the vessel, changes in weather and water conditions, slips, trips, falls and other risks associated with being on or around water.

9.2 Passenger responsibility

Passengers must take reasonable care for their own safety and the safety of others.

9.3 Safety directions

Passengers must:

• comply with all safety directions;
• remain in permitted passenger areas;
• use safety equipment when instructed;
• not interfere with vessel equipment;
• not enter restricted areas;
• not obstruct accessways or emergency equipment; and
• immediately notify crew of any safety concern or incident.

9.4 Safety decisions

Elizabeth Anne Charters may alter routes, destinations, activities or the operation of the vessel where reasonably required for safety, regulatory or operational reasons.

10. Children and minors

Children under 18 years of age must be accompanied and appropriately supervised by a responsible adult unless otherwise agreed in writing by Elizabeth Anne Charters.

Parents, guardians and accompanying adults remain responsible for the supervision, conduct and safety of minors in their care.

11. Weather and operational conditions

11.1 Operational conditions

Cruises and charters operate subject to weather, water, river, harbour, marine, vessel and operational conditions.

11.2 Changes to the service

Elizabeth Anne Charters reserves the right to:

• delay departure;
• alter the route;
• change the destination;
• substitute the vessel;
• modify or shorten the cruise;
• change berthing or boarding locations;
• suspend activities;
• restrict passenger access to certain areas; or
• cancel the service,

where reasonably necessary due to weather, water conditions, safety concerns, mechanical issues, regulatory requirements, waterway closures or other operational circumstances.

11.3 Cancellation by Elizabeth Anne Charters

Where Elizabeth Anne Charters cancels a booking prior to departure for reasons within Elizabeth Anne Charters' control, Elizabeth Anne Charters will, where reasonably practicable, offer the Customer either:

• an alternative or rescheduled date; or
• a refund of monies paid for the cancelled service.

The remedy offered will be subject to any rights the Customer has under applicable law.

11.4 External costs

To the extent permitted by law, Elizabeth Anne Charters is not responsible for accommodation, travel, parking, transport, flights, alternative activities or other consequential costs incurred by a Customer because of a cancellation, delay or change to a cruise or charter.

12. Vessel substitution and operational changes

Elizabeth Anne Charters may substitute the booked vessel with another vessel where reasonably necessary due to mechanical issues, maintenance, operational requirements, safety considerations, regulatory requirements or other circumstances beyond Elizabeth Anne Charters' reasonable control.

Where a substitute vessel is provided, Elizabeth Anne Charters will endeavour to provide a vessel of reasonably comparable standard and capacity, subject to availability and operational requirements.

13. Personal property

Passengers are responsible for their own belongings while boarding, on board and disembarking from the vessel.

To the extent permitted by law, Elizabeth Anne Charters is not responsible for personal property that is lost, stolen, misplaced or damaged.

Any property found on board may be retained for a reasonable period. Elizabeth Anne Charters may dispose of unclaimed property after that period.

Customers are responsible for arranging collection or return of lost property and may be required to pay reasonable postage or handling costs.

14. Damage caused by customers or guests

The Customer is responsible for damage caused to the vessel, fixtures, fittings, equipment or property by the Customer or their guests where the damage results from negligent, reckless, intentional or unlawful conduct.

Elizabeth Anne Charters may recover reasonable costs associated with:

• repairs;
• replacement of damaged items;
• specialist cleaning;
• removal of decorations;
• removal of rubbish;
• damage caused by food or beverages;
• damage caused by entertainment equipment; or
• other reasonable costs arising from the Customer's use of the vessel or the conduct of the Customer, their guests or suppliers.

Where appropriate, Elizabeth Anne Charters may seek payment from the Customer after the charter once the cost of the damage has been established.

15. Photography, video and marketing

Photography and video recording may take place during cruises, charters and events.

Elizabeth Anne Charters may use photographs or recordings containing identifiable passengers for legitimate business, promotional, advertising, website and social media purposes, subject to applicable privacy laws.

Any passenger who does not wish to be photographed or recorded for promotional purposes should notify Elizabeth Anne Charters before the cruise or charter and, where reasonably practicable, Elizabeth Anne Charters will take reasonable steps to accommodate the request.

This provision does not prevent Elizabeth Anne Charters from using photographs or recordings where required for safety, security, incident management, legal, insurance or other legitimate purposes.

16. Force majeure

Elizabeth Anne Charters will not be liable for any failure, delay, alteration or inability to provide a cruise or charter to the extent caused by circumstances beyond Elizabeth Anne Charters' reasonable control.

These circumstances may include, without limitation:

• severe weather;
• storms;
• flooding;
• fire;
• natural disasters;
• government restrictions or directions;
• waterway closures;
• marine incidents;
• industrial action;
• public health emergencies;
• mechanical or technical failures;
• vessel breakdown;
• changes to marine or regulatory requirements;
• acts of authorities;
• infrastructure failures;
• power or communication failures; or
• other circumstances beyond Elizabeth Anne Charters' reasonable control.

Elizabeth Anne Charters will take reasonable steps to minimise disruption where practicable.

17. Liability

17.1 Liability under applicable law

Nothing in these Terms & Conditions excludes, restricts or modifies any liability, guarantee, warranty, right or remedy that cannot legally be excluded under the Australian Consumer Law or other applicable legislation.

17.2 Loss or damage

To the extent permitted by law, Elizabeth Anne Charters will not be liable for indirect, incidental or consequential loss, including loss of profits, loss of opportunity, loss of enjoyment, accommodation costs, travel costs or other expenses arising from a delay, cancellation or change to a booking.

17.3 Maximum liability

To the extent permitted by law, Elizabeth Anne Charters' liability in relation to a claim arising from a booking will be limited to the amount paid by the Customer for the relevant booking, except where such a limitation is prohibited by law.

17.4 Passenger responsibility

Passengers remain responsible for taking reasonable care of themselves, their guests and their belongings and for complying with all safety instructions.

18. Complaints and incidents

Any complaint relating to a cruise, charter or service should be raised with Elizabeth Anne Charters as soon as reasonably practicable.

Where a complaint concerns an incident on board, the Customer should notify the Master or crew immediately where possible.

Elizabeth Anne Charters will endeavour to investigate and respond to complaints fairly and within a reasonable period.

Nothing in this section limits a Customer's rights under applicable consumer protection legislation.

19. Privacy

Elizabeth Anne Charters may collect and use personal information for the purposes of processing bookings, communicating with Customers, providing services, managing payments, complying with legal obligations, managing incidents and otherwise conducting its business.

Personal information will be handled in accordance with applicable privacy laws and Elizabeth Anne Charters' Privacy Policy, where applicable.

20. General

20.1 Severability

If any provision of these Terms & Conditions is found to be invalid, unlawful or unenforceable, that provision will be read down to the extent necessary or, if it cannot be read down, severed from these Terms & Conditions without affecting the validity of the remaining provisions.

20.2 No waiver

A failure by Elizabeth Anne Charters to enforce any provision of these Terms & Conditions does not constitute a waiver of that provision.

20.3 Changes to these Terms

Elizabeth Anne Charters may update these Terms & Conditions from time to time.

The Terms & Conditions applicable to a booking will generally be those in effect and provided to the Customer at the time the booking is made, unless a change is required by law or agreed otherwise.

20.4 Governing law

These Terms & Conditions are governed by the laws of Victoria, Australia.

Any dispute will be subject to the jurisdiction of the courts and tribunals of Victoria, subject to any mandatory rights or jurisdiction provided by applicable law.

21. Acceptance of terms

By making a booking, paying a deposit or other amount, purchasing a ticket, boarding the vessel or participating in a cruise or charter, the Customer acknowledges that they have had the opportunity to read these Terms & Conditions and agrees to be bound by them.

22. Individual passenger bookings

22.1 Individual tickets

Where Elizabeth Anne Charters offers individual passenger tickets for a cruise or scheduled service, each ticket provides admission for the number of passengers specified on the booking confirmation.

Tickets are subject to availability and the applicable vessel passenger capacity.

22.2 Payment

Unless otherwise stated at the time of booking, payment for individual passenger tickets must be made in full at the time of booking.

All payments are non-refundable, subject to any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.