Last modified: 12/03/2022
DBM Capital Investments Pty Ltd trading as Club Nautical ABN 49641396509, a company incorporated in Australia (Club Nautical/ we/ us) provides a platform (Platform) for people and businesses (you/your/Supplier) to buy, via the Platform, Experiences offered by Suppliers.
As the provider of the Platform, we do not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any products or services other than our Services. You alone are responsible for the purchase of your Experiences and compliance with Experience Terms (subject to our rights which we detail in this document). When Customers purchase a Experience, they are entering into a contract directly with the Supplier. We do not become a party to or participant in, any contractual relationship between you and Suppliers. We are not acting as an agent in any capacity for you or a Supplier, except as specified in clauses that specify the services we provide on your behalf (under a limited agency), being the following:
You agree that you shall be bound by these terms and conditions (Agreement) in relation to your use of the Platform, our provision of the Platform and our provision of the Services as set out in this Agreement. Please read this Agreement carefully as it contains important information about your rights and responsibilities when using the Platform and Services.
Without limiting the way in which you may become bound by this Agreement, you will be deemed to have accepted and will be bound by the terms and conditions of this Agreement by signing a document agreeing to be bound by this Agreement, by accepting this Agreement by conduct such as by checking the “I agree to the Terms and Conditions” checkbox and/or clicking the “Sign Up” button on your computer screen to electronically indicate your acceptance of this Agreement, or by proceeding with the any use of the Services. For that reason, this Agreement is important, and you should ensure that you read this Agreement carefully and contact us with any questions before you use the Platform and Services.
You warrant that:
If you do not agree to the terms and conditions in this Agreement, you may not access or otherwise use the Platform and the Services.
Account means an account with us that is set up for the purposes of offering Experiences to you to purchase from our Suppliers. Experience Cost has the meaning given in clause 7
CLUB NAUTICAL – CUSTOMER TERMS AND CONDITIONS Customer means any person (including you) who, either in the capacity as a guest or
registered user, purchases an Experience.
Experience Terms means the terms, conditions and restrictions that are specific to an Experience which are stated on the Site but are always subject to the terms of this Agreement.
Intellectual Property Rights means all intellectual property rights of any kind whatsoever throughout the world, including all present, future, registered and unregistered rights which subsist in copyright, trademarks, patents, designs and circuit layouts.
Platform means the CLUB NAUTICAL platform which delivers the Services to you.
Services means the services we provide to you via the Platform from time-to-time to enable us to offer Experiences for sale to you on behalf of Suppliers, and which are further described in this Agreement.
Site means the site that hosts the Platform that provides the Services owned and operated by us.
Supplier mean other users that supply Experiences for sale via the Platform. Experiences means the products, goods or services offered by Suppliers by us on behalf of
the Suppliers to Customers set out on the Site.
Taxes means all sales based taxes including without limitation, GST, VAT and sales tax, which are levied on the supply of the Services or any payments from you to CLUB NAUTICAL.
1. DEPOSIT
a. 50% deposit on the charter rate required in order to secure your booking.
2. FINAL PAYMENT
a. The balance of the charter fee and all other payments are to be received as cleared funds no later than 14 days prior to the charter date. We reserve the right to cancel your booking with no refund if payment is not made within 14 days prior to the departure date.
3. CANCELLATION
If the charter is cancelled in writing;
a. A no refund policy applies to all cancellations, Under no circumstances will we provide a refund for any reasons. However as a good will gesture we will provide rental credit to be used at a later date minus any administrative fees.
b. If the charter is cancelled in writing more than 60 days prior to the charter date, a postponement can be arranged or the credit of the charter can be used within 12 months from the date of postponement.
c. If the charter is cancelled within 60 days of the charter date 100% cancellation fee will apply.
d. Should the charterer wish to postpone the charter within 60 days prior to the charter date, a $1000 administrative fee will apply to the charter.
e. Should the charterer wish to postpone the charter within 30 days prior to the charter date, a $2000 administrative fee will apply to the charter.
4. LIMIT OF LIABILITY
a. It is a condition of the charter that the liability of the Operator, its servants, agents and sub- contractors is agreed to be limited in accordance with the Limitation of Liabilities and Maritime Claims Act 1989
5. INDEMNITY
a. The Charterer agrees to indemnify, and hold harmless, the Owner, its agents and
employees, from and against any and all losses, claims, actions, costs (including legal costs), expenses, fees, damages and liabilities which the Owner may sustain or incur resulting from:
i) any negligent act by the Charterer or members of the Charterers group.
ii) any damage, loss or theft of any property belonging to and charter guest arising of the charter
iii) any personal injury or death caused or contributed to by any negligent, reckless or wilful act or omission of the charterer.
b. The Owner agrees to indemnify, and hold harmless, the Charterer, its agents and employees, from and against any and all losses, claims, actions, costs (including legal costs), expenses, fees, damages and liabilities which the Owner may sustain or incur resulting from anything other than those listed above.
6. WEATHER
a. The owner is not responsible for the weather conditions and any adverse weather conditions do not give the charterer the right to terminate the charter. The Captain or the Owner will determine if the weather conditions are safe to operate the charter as planned.
7. SUITABILITY
a. It is acknowledged that the Charterer is satisfied with the suitability of the vessel for the charter period.
8. SPECIAL CONDITIONS
a. Guests will be required to remove footwear whilst on board all vessels.
b. Smoking is not permitted onboard any vessels, unless the Capitan permits in designated smoking areas.
9. EXTENSION OF CHARTER
a. The Charter period may be extended by the Charterer at any time, including after the commencement of the Charter period, by agreement with the booking agent and pending availability. Any extension of the Charter period will be subject to the terms of this Agreement and the Charter Fee must be re-negotiated with the booking agent to cover the extended period.
10. SAFETY – CAPTAINS AUTHORITY
a) The Charterer and charter guests will comply with all directions given by the Captain of the vessel.
b) The Captain can terminate the Charter at any time and return to the point of embarkation if the Captain believes the safety of the vessel or passengers is at risk or the guests refuse to comply with the Captain’s directions.
c) Maximum number of persons on board will not exceed the maximum stated limit excluding captain and crew.
d) Responsible service of alcohol regulations apply. Any charter guest intoxicated or appearing to be intoxicated may be refused alcohol service.
e) if use of illegal substances are believed to be consumed the captain can return to the point of embarkation and terminate the Charter.
c) Swimming; Swimming can only be authorised by the captain/crew in their absolute discretion and only in the daylight hours when the vessel is stationary. The owner/boat operator take no responsibility for your safety for offshore swimming and any water activities that carry throughout this charter. Any unauthorised swimming will result in the immediate cancellation of the charter and return to the point of embarkation.
11. CHARTERERS LIABILITY
a. The Charterer will indemnify and keep indemnified the owner and its employees and officers against all loss, damage, cost and expenses suffered by the owner (including but not limited to any consequential or indirect losses, economic losses, damage to the Vessel and any losses arising from an injury or death of any person) howsoever arising including from any breach, by the Charterer and/or its guests, of this Agreement and/or any negligence on the part of the Charterer and/or its guests on board.
12. RESPONSIBILITY
a. The owner agrees to keep the vessel insured in accordance with maritime authority regulations.
b. The charterers agree to comply with all terms and conditions outlined in this document and any specific requests given by the captain or crew to ensure guests safety.
13. GOVERNING LAW
a. This Agreement will be construed in accordance with and will be governed by the laws in force in Queensland, Australia. Each of the parties irrevocably submits to and accepts the exclusive jurisdiction of any of the Courts of Queensland, Australia.
14. COVID-19
a. If COVID restrictions impact the Owner’s ability to complete the charter, the charterer is
entitled to a postponement with full credit or a refund.
b. If the charterer would like to postpone the booking date due to COVID-19 infections the
charterer must supply a valid medical certificate for a once off postponement or all postponement administrative fees will apply.
15. DEFINITIONS
AGREEMENT means this agreement between the owner and charterer
CAPTAIN means the master of the vessel which is subject to the charter
CHARTER means the provision of the vessel to the charterer for a period stated for the
charter fee
CHARTER GUEST means any person on board the vessel as part of the charter
OWNER means the owner/operator of the vessel
CHARTERER the person responsible for payment of the charter fee and charter guests on
board
16. SUMMARY
The Charterer acknowledges that he or she has read and understood these Terms and Conditions and has or will convey these conditions to all of the Charterer’s Group.
You will be deemed to have accepted all the terms and conditions stated in this document upon the payment of the deposit.
17. ACCEPTANCE
By using our website, paying a deposit, or signing this document you hereby accept all the terms and conditions outlined above in this document and accept any special conditions mentioned in the email sent with this document.
These terms & conditions are subject to change at anytime.
Follow us on Instagram for updates and events.
