TERMS & CONDITIONS
M.V. JASMINE TERMS & CONDITIONS
These Terms & Conditions apply to bookings made with M.V. Jasmine and form part of the agreement between the Charterer and the Operator.
By making a booking, paying a deposit or other amount, or accepting a quotation, the Charterer acknowledges that they have read, understood and agreed to these Terms & Conditions.
Nothing in these Terms & Conditions excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law.
1. DEFINITIONS
In this agreement:
Charter means the cruise, event or experience for which the Charterer is paying and the Operator is providing.
Charterer means the person or entity making and/or paying for the booking.
Charterer's Group means all passengers, guests, invitees, contractors and other persons attending the Charter at the invitation of or in connection with the Charterer.
Master means the duly qualified person in charge of the Vessel.
Operator means the owner or operator of M.V. Jasmine.
Supplier means a third-party supplier providing goods or services in connection with a Charter.
Vessel means M.V. Jasmine or any substitute vessel supplied by the Operator where permitted under these Terms & Conditions.
2. QUOTATIONS
Unless otherwise stated, quotations are valid for 14 days from the date of issue.
After this period, pricing, availability, menus, suppliers and other inclusions may be subject to change.
A quotation does not reserve or secure a date until the required deposit has been received and the booking has been confirmed by the Operator.
3. RIGHT OF REFUSAL
The Operator reserves the right to refuse a booking where the proposed booking does not comply with these Terms & Conditions, vessel operating requirements, licensing requirements, safety requirements or other reasonable operational requirements.
4. SECURING YOUR BOOKING
A booking is not secured until the required deposit has been received and the Operator has issued confirmation of the booking.
Unless otherwise stated in writing:
Private Charters
A deposit equal to 50% of the Charter Fee is required to secure a Private Charter.
VIP Lounge Bookings
A deposit equal to 50% of the applicable VIP Lounge booking fee is required to secure a VIP Lounge booking.
The date and time remain available for sale until the required deposit has been received.
Payment of the deposit constitutes acceptance of these Terms & Conditions.
Bookings made within the applicable final payment period of 4 weeks will require payment in full at the time of booking.
5. DEPOSIT
All deposits are non-refundable for change of mind or cancellation initiated by the Charterer, subject always to any rights the Charterer may have under Australian Consumer Law.
If the Charterer cancels or requests to reschedule the booking, amounts paid will be dealt with in accordance with Clause 10.
The deposit secures a specific date, time and allocation of the Vessel and allows M.V. Jasmine to commence planning, staffing, administration and preparation for the booking.
6. FINAL PAYMENT — PRIVATE CHARTERS
The Operator will issue or request final payment approximately six (6) weeks prior to the Charter date.
Unless otherwise agreed in writing, the outstanding balance must be paid in full six (6) weeks prior to the Charter date and, in all circumstances, no later than four (4) weeks prior to the Charter date.
Failure to make payment by the required due date may be treated as a cancellation by the Charterer.
M.V. Jasmine may suspend further planning, supplier commitments or event arrangements while payment remains overdue.
7. FINAL PAYMENT — VIP LOUNGE BOOKINGS
For VIP Lounge bookings, the remaining balance is required to be paid within four (4) weeks of payment of the deposit, unless otherwise specified in the quotation or booking confirmation.
If the booking is made within four weeks of the relevant cruise date, payment in full may be required at the time of booking.
Failure to pay the outstanding balance by the due date may result in cancellation of the booking and will be treated as a cancellation by the Charterer.
8. FINAL GUEST NUMBERS
Final guest numbers and all dietary requirements must be provided by the date specified by M.V. Jasmine.
Once final numbers have been confirmed, guest numbers may be increased only with the Operator's approval and subject to vessel capacity, catering availability and additional charges.
Final guest numbers cannot ordinarily be reduced after the final confirmation date for the purpose of reducing catering, package or Charter charges.
Additional guests attending on the day will be charged accordingly.
9. METHODS OF PAYMENT
Payment may be made using the payment methods approved by M.V. Jasmine, including EFT and approved card payment methods.
Credit card and payment processing surcharges may apply where permitted by law and will be disclosed where applicable.
10. CANCELLATIONS BY THE CHARTERER
CHANGE OF MIND / CUSTOMER-INITIATED CANCELLATION REQUEST
M.V. Jasmine operates a no-refund policy for change of mind and cancellations initiated by the Charterer, except where a refund or other remedy is required by law.
This includes, but is not limited to, cancellation because of:
Change of mind
Change in personal circumstances
Change in guest numbers
Guests being unable or unwilling to attend
Travel changes or disruption affecting individual guests
Illness or personal circumstances of guests, subject to the discretion provision below
Changes to another event or celebration
Failure of invited guests to attend
The Charterer no longer requiring the booking
Preference for another venue, date or supplier
Financial circumstances
A decision to cancel, postpone or relocate the event
Because M.V. Jasmine reserves a specific vessel, date and time for the Charterer and may decline other bookings for that period, amounts paid are not refundable merely because the Charterer no longer wishes or is unable to proceed with the booking.
CREDIT FOR CUSTOMER CANCELLATIONS
Where a Charterer cancels a booking, M.V. Jasmine will always provide the amounts paid as a booking credit, subject to these Terms & Conditions and unless otherwise required by law.
Unless otherwise advised in writing:
The credit will have no expiry date
The credit may be used toward another eligible M.V. Jasmine booking
The credit may be transferred to another person with prior written notice to M.V. Jasmine
Any difference between the credit and the price of the future booking must be paid by the person making the new booking
Future bookings remain subject to availability and the prices, products, menus and Terms & Conditions applicable at the time of rebooking
A credit has no cash value and cannot ordinarily be redeemed for cash
A credit does not guarantee the same date, time, package, menu or pricing as the original booking
Any statutory rights to a refund or other remedy remain unaffected.
RESCHEDULING REQUESTS
A request by the Charterer to change the confirmed Charter date or time is treated as a customer-initiated change to the booking.
M.V. Jasmine may, at its discretion, permit the value paid to be transferred as a credit toward another available date.
Any new booking will be subject to:
Vessel availability
Current pricing
Current menus and packages
Supplier availability
Minimum spends or minimum guest requirements applicable to the new date
Any additional costs associated with the new booking
M.V. Jasmine is not required to hold or guarantee an alternative date until the rescheduled booking has been confirmed.
11. EXCEPTIONAL CIRCUMSTANCES
M.V. Jasmine understands that genuinely exceptional circumstances can occasionally arise.
Where exceptional circumstances exist, M.V. Jasmine may, at its discretion and on a case-by-case basis, agree to provide a refund or another alternative beyond the standard cancellation policy, provided this does not limit any rights or remedies available under Australian Consumer Law.
Where M.V. Jasmine voluntarily approves a discretionary refund that is not otherwise required by law, a $500 administration fee may be deducted from the amount refunded to reflect reasonable administration and booking management costs.
Any third-party or supplier costs already incurred or committed specifically for the booking may also be deducted where lawful and reasonable.
The $500 administration fee does not apply to a refund that M.V. Jasmine is legally required to provide.
Approval of an exception in one case does not create an obligation to provide the same exception in another case.
M.V. Jasmine strongly recommends that Charterers consider appropriate travel and event cancellation insurance to protect against unforeseen personal circumstances.
12. CANCELLATION OR RESCHEDULING BY M.V. JASMINE
WEATHER, SAFETY & OPERATIONAL CONDITIONS
All Charters will proceed unless the Master determines that conditions are unsafe or unsuitable for operation.
Weather decisions are made having regard to the safety of the Vessel, passengers and crew and remain within the authority of the Master and Operator.
Severe, torrential rain, high winds over 30K or other weather conditions that do not prevent safe operation do not automatically entitle the Charterer to cancel, reschedule or receive a refund.
Where M.V. Jasmine cancels or reschedules a Charter because the Vessel cannot safely or reasonably operate due to adverse weather or other relevant operational conditions, the Charterer will be offered options which may include:
Moving the booking to another suitable available date;
Receiving a credit for the amount paid; or
Receiving a refund where applicable.
M.V. Jasmine will encourage guests to reschedule where possible, however any rights the customer has under Australian Consumer Law remain unaffected.
MINIMUM NUMBERS
Certain public cruises, shared experiences or other products may require minimum passenger numbers to operate.
Where M.V. Jasmine determines that the required minimum number has not been achieved, M.V. Jasmine may cancel or reschedule the cruise.
Where this occurs, affected customers will be offered:
An alternative available cruise date;
A credit for the amount paid; or
A refund.
No administration fee will apply where M.V. Jasmine cancels because minimum numbers have not been met.
MECHANICAL OR OPERATIONAL ISSUES
If M.V. Jasmine is unable to operate because of a mechanical, safety or other operational issue, the Operator may, where reasonably available, offer a substitute vessel of suitable capacity and standard.
If the Charter cannot reasonably proceed and is cancelled by the Operator, the customer will be offered an appropriate remedy, which may include rescheduling, credit or refund, having regard to the circumstances and applicable law.
M.V. Jasmine is not responsible for indirect or consequential losses arising from a cancellation to the extent permitted by law.
13. ADDITIONAL CHARGES
Any additional charges incurred in connection with the Charter may be charged to the Charterer's approved payment method or invoiced for immediate payment.
Additional charges may include, but are not limited to:
Charter extensions
Additional guests
Additional catering
Additional beverages
Additional services
Pay-on-consumption beverages
Additional staff
Water taxis
Waiting time
Additional cleaning
Additional supplier costs
Damage attributable to the Charterer's Group
Other additional items requested or incurred during the Charter
Where reasonably practicable, additional charges will be communicated to the Charterer.
14. SECURITY BOND & CREDIT CARD AUTHORISATION
A security bond / credit card authorisation is compulsory for all Private Charters, unless otherwise agreed by M.V. Jasmine in writing.
The Charterer must provide a valid credit card to be securely held or authorised in accordance with the Operator's payment procedures.
The Charterer authorises M.V. Jasmine to charge reasonable amounts to the authorised card for loss, damage or additional costs caused by or attributable to the Charterer or the Charterer's Group.
This may include:
Damage to the Vessel
Damage to furniture, fixtures, equipment or fittings
Broken or damaged equipment
Damage caused by decorations, entertainment providers or external suppliers engaged by the Charterer
Excessive cleaning beyond normal post-charter cleaning
Damage caused by inappropriate behaviour
Loss of M.V. Jasmine property
Additional services or costs incurred during the Charter and not otherwise paid
NORMAL WEAR AND TEAR
The security bond will not be applied to ordinary or reasonable wear and tear arising from normal use of the Vessel.
It is intended to cover identifiable damage, loss or extraordinary cleaning attributable to the Charterer or members of the Charterer's Group.
Where a charge is made, M.V. Jasmine will provide reasonable information regarding the nature of the charge.
If the cost of damage or loss exceeds the amount authorised or held as security, the Charterer remains liable for the reasonable additional cost of repair, replacement or rectification.
15. RESPONSIBLE SERVICE OF ALCOHOL
M.V. Jasmine operates in accordance with applicable NSW liquor licensing and Responsible Service of Alcohol requirements.
Alcohol will not be served to:
Persons under 18 years of age
Persons who are intoxicated
Persons whom staff reasonably believe should not be served alcohol under applicable RSA requirements
M.V. Jasmine and its crew reserve the right to refuse service of alcohol and/or refuse boarding or require a guest to cease consuming alcohol where required for safety, licensing or responsible service purposes.
Shots and doubles will not be served where prohibited by M.V. Jasmine's operating procedures.
Where required, substantial food must be available when alcohol is served.
Guests must comply with all reasonable directions of the Master and crew.
Unacceptable, dangerous, abusive, violent or indecent behaviour may result in refusal of boarding or termination of the Charter without refund where permitted by law.
16. EXTERNAL SUPPLIERS, ENTERTAINMENT & DECORATIONS
Any external supplier, entertainer, stylist, photographer, DJ, musician or contractor attending the Vessel must comply with M.V. Jasmine's safety and operational requirements.
Prior approval may be required before bringing external suppliers, equipment, decorations or entertainment onboard.
The Charterer is responsible for ensuring their suppliers comply with all reasonable instructions from M.V. Jasmine and its crew.
The Charterer may be responsible for damage caused by suppliers engaged by or attending at the request of the Charterer.
No permanent fixtures, adhesives, confetti, glitter, open flames or other items reasonably considered hazardous or damaging may be used without prior written approval.
17. CHARTER COURSE
Any proposed route is subject to weather, tides, maritime traffic, operational requirements and the Master's discretion.
The Master has sole authority over the safe navigation and operation of the Vessel and may alter the route, speed, anchorage, boarding location or itinerary where reasonably necessary for safety or operational reasons.
A reasonable alteration to the route or itinerary for safety or operational reasons does not, by itself, constitute cancellation of the Charter.
18. EMBARKATION & DISEMBARKATION
Guests must arrive at the boarding location at the time advised by M.V. Jasmine.
Unless otherwise stated, guests have approximately 15 minutes to board and 15 minutes to disembark within the times allocated to the booking.
The Charter period will not ordinarily be extended because members of the Charterer's Group arrive late.
Additional time requested or required because of guest delays may incur additional charges and remains subject to vessel availability and operational requirements.
19. RESPONSIBILITY OF THE CHARTERER
The Charterer is responsible for the conduct of the Charterer's Group and for ensuring all guests are made aware of and comply with relevant conditions, safety requirements and reasonable directions of M.V. Jasmine staff and crew.
The Charterer is responsible for ensuring guests:
Behave responsibly
Follow crew directions
Respect the Vessel and its equipment
Comply with RSA requirements
Do not engage in unsafe or unlawful behaviour
Comply with applicable swimming and safety requirements
20. DAMAGE TO THE VESSEL
The Charterer is liable for loss or damage to the Vessel, its equipment, fixtures or fittings caused by the Charterer, the Charterer's Group or suppliers engaged by the Charterer, subject to applicable law.
Fair wear and tear is expressly excluded.
The Charterer may be required to pay the reasonable cost of repair, replacement, cleaning or rectification.
21. SWIMMING & WATER ACTIVITIES
Swimming is permitted only:
On eligible Private Charters
During daylight hours
While the Vessel is stationary
With the express permission of the Master or crew
When conditions are considered suitable
Guests who are intoxicated or reasonably considered impaired by alcohol, drugs or other substances will not be permitted to swim.
Guests must comply immediately with all instructions from the Master and crew regarding swimming and water activities.
22. GUEST SAFETY & BEHAVIOUR
The safety of passengers, crew and the Vessel takes priority at all times.
M.V. Jasmine reserves the right to refuse boarding, cease alcohol service, remove a guest where safely possible, return to the wharf or terminate a Charter where a guest's behaviour creates a safety risk, breaches applicable law or licensing requirements, damages the Vessel or materially interferes with the enjoyment or safety of others.
Where a Charter is terminated because of serious misconduct by the Charterer or the Charterer's Group, no refund will be payable merely because the Charter ended early, subject to Australian Consumer Law.
23. LIMITATION OF LIABILITY
To the maximum extent permitted by law, the liability of the Operator, its employees, agents and subcontractors is limited in accordance with applicable Australian law, including any applicable maritime limitation legislation.
Nothing in these Terms & Conditions excludes, restricts or modifies liability or any consumer right where doing so would be unlawful.
Any complaint or claim should be notified to M.V. Jasmine in writing as soon as reasonably practicable.
24. INDEMNITY
To the extent permitted by law, the Charterer indemnifies the Operator, its employees and agents against reasonable loss, damage, liability, cost or expense arising from negligent, reckless, unlawful or wilful conduct by the Charterer or members of the Charterer's Group, including:
Failure to follow reasonable directions of the Master or crew
Breach of these Terms & Conditions
Unreasonable or unsafe behaviour
Wilful misuse of the Vessel, equipment or facilities
Damage caused by the Charterer's suppliers or contractors
Unlawful intoxication or prohibited drug use
This clause does not apply to the extent that loss or damage was caused by the Operator's own negligence, breach of contract or breach of applicable law.
25. AUSTRALIAN CONSUMER LAW
Nothing in these Terms & Conditions is intended to exclude, restrict or modify any consumer guarantee, right or remedy available under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified.
The M.V. Jasmine no-refund/change-of-mind policy applies to voluntary cancellations and changes initiated by the Charterer and does not remove any statutory rights the Charterer may have where M.V. Jasmine fails to provide services in accordance with applicable consumer guarantees.
26. JURISDICTION
These Terms & Conditions are governed by the laws of New South Wales, Australia, and the parties submit to the jurisdiction of the courts and tribunals of New South Wales having jurisdiction.
27. ACCEPTANCE
By:
Accepting a quotation;
Paying a deposit;
Paying any part of the booking;
Completing an online booking; or
Selecting the booking acceptance checkbox,
the Charterer confirms that they have read, understood and agreed to these Terms & Conditions.
The Charterer also acknowledges responsibility for communicating relevant conditions to members of the Charterer's Group.
RECOMMENDED BOOKING CHECKBOX
“I have read and agree to the M.V. Jasmine Terms & Conditions. I understand that bookings are non-refundable for change of mind or cancellations initiated by me, subject to my rights under Australian Consumer Law. I understand that customer-requested cancellations or reschedules may instead be provided as an M.V. Jasmine credit in accordance with the Terms & Conditions.”