ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS AND CONDITIONS
Eastcoast Sailing is owned and operated by Zabinc Pty Ltd ACN 141 472 906 (“Eastcoast Sailing“).
By downloading any information, placing an order, purchasing products and services or making a Booking (“Booking”), you expressly agree to be bound by these terms, conditions and disclaimers as amended from time to time (“Terms & Conditions”). Should you object to any of these Terms and Conditions (including any subsequent amendments), you must not proceed with your Booking.
USER AND OTHER INFORMATION PROVIDED BY YOU
In making a Booking with us, you (“Customer”) agree to provide certain current, complete, and accurate information about yourself and your Charter Event or Sailing School Event (“Event”). You warrant and represent that such information is correct.
When you place an order or make a Booking, you will be asked to supply certain information including personal details such as your name, e-mail address, mailing address and telephone number, as well as the number of guests and the nature of your Event (“Event”). You will also be asked to provide certain payment information such as credit card details including credit card name, number, CVV and expiry date. When you place an order or make a Booking you warrant that you have the authority to make payment with the credit card used at the time, and you agree to pay all charges incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred.
At Eastcoast Sailing, we are committed to protecting your privacy. When you place an order or make a Booking, you will need to provide us with certain Customer Information. We require this information so that we can process your order or make a booking on your behalf.
Where applicable, in order to process your order or Booking we will need to provide some of your Customer Information to third party providers of any products and/or services that you have chosen. Eastcoast Sailing and/or the provider of the products and/or services may use the Customer Information provided by you to send communications to you about bookings made.
We may also use the Customer Information we collect to occasionally notify you about important changes to the web site, new Eastcoast Sailing services and activities and special offers we think you’ll find valuable. If you would rather not receive this information, simply contact us to request that.
Eastcoast Sailing does not sell, trade, or rent your personal information to other third parties. Eastcoast Sailing may collect aggregate information about our customers, users, sales, traffic patterns, and related site information and provide that to third parties, but these statistics will include no personally identifying information. We may release Customer Information when we believe, in good faith, that such release is reasonably necessary to comply with law, to enforce the terms of any of our legal agreements or to protect the rights, property or safety of Eastcoast Sailing, its customers and users.
MAKING A BOOKING
When you make a Booking, Eastcoast Sailing reserves the right to accept or reject the Booking for any reason, including, without limitation, the unavailability of any vessel, product or service, an error in the price or the product or service description posted on this web site or an error in your Booking.
Without limitation, Eastcoast Sailing may be unable to confirm a Booking because of our inability or the provider’s inability to take the booking as a result of being fully booked or otherwise. Eastcoast Sailing reserves the right, in its absolute discretion, to allocate an alternative vessel, product or service to that booked by you. Where possible, the alternative vessel, product or service will be as similar to the product or service originally booked by you.
If Booking by email, post, facsimile, or telephone, a deposit equal to 50% of the total Charter Fee (“Charter Fee”) should be submitted with your Booking request. All Bookings should be made at least 30 days prior to departure.
If your Booking is accepted, Eastcoast Sailing will send you a e-mail or telephone you, to provide you with confirmation of your Booking. If you are making payment by credit card, Eastcoast Sailing will provide you with confirmation when your credit card payment is processed.
Once you receive confirmation of your Booking, the vessel, products and/or services booked are non-refundable and non-exchangeable, except as required by law, or as stated below under Cancellations and Postponements.
Prices of vessels, products and services and any charges displayed on this web site are current at the time of issue, but may change at any time and are subject to availability. The availability of products and services may change from time to time.
An amount equal to 50% of the total value of your Charter Fee must be paid 30 days prior to the departure date. The full Charter Fee amount (including skippers fees, catering, etc) is payable at least 7 days prior to departure. However, full payment is required 30 days prior to any Event which is to take place on a public holiday, or any dates in November and December. Cash and Direct Deposit or Visa, Mastercard, and AMEX are accepted payment methods. Credit Cards will incur a merchant fee percentage on the full payment amount. Company cheques must be received at least 10 days prior to departure.
A credit card bond is necessary prior to departure of your Event. The security bond will vary depending on your vessel choice. The transaction is preauthorised but not banked. The preauthorisation will be released upon final inspection following the Event, minus the cost of any loss, theft or damage to the Boat. Damage to the Boat includes, but not limited to, the damage to the Vessel, damage or breakage to all items and accessories on board, damage or breakage to catering utensils (such as plates, bowls, glasses etc).
Specifically, marine toilets are susceptible to blockages due to misuse. Remediation of toilet blockages carry a fee of $450 which will be taken from the Security Bond.
Most guests enjoy a fabulous charter event on the Harbour and the boats come back a little dirty. However, for boats that are excessively dirty due to guests, including guests vomit, a cleaning charge may apply, which will be taken from the Security Bond.
Eastcoast Sailing reserves the right to withhold the security bond for up to 14 days following completion of the Event.
CANCELLATIONS AND POSTPONEMENTS
Any cancellation or postponement requires written notice to us, and written confirmation from us, that the Booking is to be cancelled or postponed.
Special Dates. All payments for Events on public holidays, sailing regattas and Events in scheduled in November and December, are non-refundable. Other special events (such as Vivid Sydney) may have specific Term variations which will be confirmed with the Customer at the time of the Booking.
Cancellations. If you request a charter Event cancellation, which is 60 days or more prior to the Event date, a 10% administration fee (ie 10% of the full Charter Fee) will apply. Cancellation requests, which are received less than 60 days, but more than 7 days prior to the Event date, will be subject to a 50% fee. (That is, the 50% deposit paid will be forfeited). The full Charter Fee, including catering, wharf fees and skipper’s fees, will be charged where cancellation takes place within 7 days of the Event date.
Postponements. If you request a charter Event postponement which takes place 60 days or more prior to the Event date, a 10% administration fee (ie 10% of the full Charter Fee) will apply. If you request that your charter Event be postponed more than 7 days prior but less than 60 days before the departure date, a 25% administration fee will be charged (ie 25% of the full Charter Fee). If you request that your Charter be postponed within 7 days of the departure date we will charge you a 50% postponement fee and the full cost of your skipper, wharf fees and any catering fees. You will have one opportunity to reschedule if you postpone. The full Charter Fee must be paid at least 7 days prior to the rescheduled Charter, and if the rescheduled Charter is to take place within 7 days of the postponed Charter Event, then the full Charter Fee must be paid within 24 hours of the rescheduled Charter. Any cancellation or postponement of your rescheduled Charter will result in forfeiture of all monies paid. We reserve our right to make alternative catering arrangements for you if you reschedule within 7 days of the postponed Charter Event. We will use our best efforts to arrange catering of a similar type and standard to that originally booked.
There are no exceptions to our Cancellation and Postponements policy. If you do not agree to these Terms and Conditions, please do not proceed with your Charter Booking.
INCLEMENT OR UNSAFE WEATHER
Unsafe weather (storm conditions) as determined by Eastcoast Sailing may, in our absolute discretion, cause postponement of the charter on the day. Rain or lack of wind is not cause for postponement. Postponements initiated by Eastcoast Sailing will be rescheduled at the earliest convenient date as discussed with and approved by you. Deposits will be withheld for the future booking, minus a 10% administration fee, the skipper fee and any catering charges.
You will have one opportunity to reschedule if we postpone. Any cancellation or postponement of your rescheduled charter by you will result in forfeiture of your full Charter Fee.
Eastcoast Sailing may substitute another Vessel for the original Vessel contracted, and shall not incurr any penalty, provided the Vessel satisfactorily provides the original services contracted.
FOOTWEAR AND ATTIRE
Comfortable clothing and a change of clothes is recommended. Light spray jackets are provided. Non marking soled shoes must be worn at all times. Black soled or hard shoes must not be worn (including high heeled shoes and sandals) as these cause marking and damage to the yacht. Any marking or damage will incur a fee which will be deducted from the Security Bond. Barefeet is not recommended, but is acceptable.
For Vessels that allow BYO, BYO food and beverage is allowed subject to you removing all rubbish (including any unconsumed food and beverage) following the charter. All of our yachts include a refrigeration facility. You are welcome to bring plastic or disposable cutlery, plastic crockery or cups. If you pay a BYO fee, you may use the cutlery, crockery and plastic glassware on board. Tea towels and dishwashing liquid are supplied.
Restaurant cancellation must be made no later than 14 days prior to the Event.
Onboard food and beverage catering as Booked with us must be confirmed and fully paid at least 7 days before the scheduled Event.
ITEMS NOT PERMITTED ON BOARD
The following items are not permitted on any charter yacht due to the possibility of damage to the yacht.
- Heavy metallic objects.
- Hard plastic or metal drink and food coolers such as “Eskies” or similar portable iceboxes.
- Any form of crockery or glassware (mugs, plates, glasses etc.) Plastic ware is recommended.
- Bottled beer and wine is permitted.
OVERNIGHT STAYS ON BOARD
Under no circumstances may Vessels be moved off moorings or from anchorages during Overnight Stays without an Eastcoast Sailing Skipper. Water taxis are available on the harbour by calling via your own mobile phone, or by prior arrangement with Eastcoast Sailing.
CALL OUT FEE
A $500 call out fee is applicable for any person/s requiring evacuation from yachts during day charters or overnight stays for any reason.
LIMITATION OF LIABILITY
None of Eastcoast Sailing, its related bodies corporate, any of their directors, officers, skipper, master, employees, or shareholders will in any way be liable for any direct, indirect, incidental, special or consequential damages (including in negligence), in accordance with the Limitation of Liabilities and Maritime Claims Act 1989 (Cth).
Where any legislation implies in these Terms and Conditions any term, condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in these Terms and Conditions, however, the liability of Eastcoast Sailing for any breach of such term, condition or warranty shall be limited, at the option of Eastcoast Sailing, to any one or more of the following: (a) if the breach relates to goods: (i) the replacement of the goods or supply of equivalent goods; (ii) the payment of the cost of replacing the goods or of acquiring equivalent goods, and (b) if the breach relates to services: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again.
Swimming off a boat is a wonderful experience, but it can be a hazardous activity. Some Vessels, but not all, do allow swimming off the boats. If your Charter Vessel allows swimming off the boat, and your vessel is at anchor, and your Skipper confirms you may enter the water, then you may swim at your own risk.
You warrant that all the Customer’s guests entering the water are strong swimmers.
Swimming carries the risks of, and not limited to ; sharp objects (such as rocks, coral and oysters), other passing boats, and dangerous marine life, as well as other unforeseen circumstances.
If you do not accept these risks, DO NOT swim off the Vessel.
Boating, Sailing and cruising is a fantastic experience, but it can be a hazardous activity. These Risks may arise from, but not limited to the following : The Vessel will move around as affected by the vagaries of the wind, waves, boat wash, tides, etc. The decks may be slippery from water from sea spray, rain, swimming, etc. Under sail, your Vessel may lean over. And there are likely to be ropes and lines on deck.
Whilst your Skipper is committed to make the Event as safe as possible, you agree to accept these risks. If you do not accept these risks, DO NOT proceed with your booking.
RELEASE AND INDEMNITY
You hereby waive, release, forgive, discharge and relinquish any and all claims (including, without limitation, any claims for death or personal injury) that you now have or may have in the future against Eastcoast Sailing, its related bodies corporate, directors, officers, masters, skippers, and employees, shareholders, agents and representatives which are connected with, arise out of, relate to or are incidental to any transaction or services with Eastcoast Sailing.
You hereby agree to indemnify, defend and hold Eastcoast Sailing, its related bodies corporate, directors, officers, masters, skippers, employees, shareholders, agents and representatives harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by Eastcoast Sailing, its related bodies corporate, directors, officers, employees, shareholders, agents and representatives arising out of or in connection with the performance of its duties as described in these Terms and Conditions including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
You agree to indemnify and hold harmless Eastcoast Sailing, its related bodies corporate, directors, officers, masters, skippers, employees, shareholders, agents and representatives, from and against any and all losses, claims, actions, costs, expenses, fees, damages, fines and liabilities (including reasonable legal fees) caused by any negligent act or omission by the Customer or members of the Customer’s Group including:
(i) Failure to follow any reasonable direction given by the Master or Crew;
(ii) Failure to comply with any of these terms or conditions;
(iii) Failure to comply with any warning sign;
(iv) Unreasonable or unsafe behaviour;
(v) Wilful misuse of the equipment or facilities of the vessel;
(vi) Intoxication or the use of prohibited drugs.
RESPONSIBLE CONSUMPTION OF ALCOHOL. DRUG USE PROHIBITED
A cold beer or lovely wine on a yacht enjoying the beautiful water is wonderful. Unruly or rowdy behaviour is not acceptable, and is against the law. It is the responsibility of the Customer that their guests comply with the responsible consumption of alcohol, whether it be a licensed or un-licensed vessel.
Drug use is illegal, and is strictly prohibited on board Eastcoast Sailing Vessels.
If you or your guests exhibit unruly behaviour, or are using drugs, the Vessel’s Skipper, at their sole discretion, may : (i) terminate the charter, and off-load all guests at the nearest wharf, (ii) contact the water police, (iii) off-load the offending guests at the nearest wharf.
There will be absolutely no refund or credit, for alcohol or drug related issues with guests.
PHOTOGRAPHY and VIDEO
Throughout the duration of any Event we may take photographic or video images of you and your guests. As a condition of your Event with us you acknowledge and consent to our use of any photographic or video image of you and your guests for marketing and promotional purposes in any form whatsoever whether as hard or soft copy. If you do not agree to our use of any photographic or video image of you or your guests you must tell us before the commencement of each and any of your Events.
The information contained on this web site is provided by Eastcoast Sailing in good faith on an “as is” basis and solely at your own risk. The information is believed to be accurate and current at the date the information was placed on this web site.
None of Eastcoast Sailing, its related bodies corporate, any of their directors, officers, employees or shareholders makes any representation or warranty as to the reliability, accuracy or completeness of any of the information or ideas contained on this web site (including in relation to any products or services) and none of them accept any responsibility arising in any way (including in negligence) for errors in, or omissions from, the information contained on this web site. To the fullest extent permitted by applicable law, Eastcoast Sailing disclaims all representations and warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose and non-infringement of any intellectual property. Eastcoast Sailing makes no warranty that this web site, any information or ideas contained on this web site or any products or services advertised or available on this web site will meet your requirements, or that the web site will be uninterrupted, timely, secure or error free.
Although this web site is accessible worldwide, the information on this web site (including information relating to products and services) has been prepared in accordance with Australian law for the supply of information, products and services in Australia only. This information may not satisfy the laws of any other country, in which case it cannot be relied upon by you. If you order any products or services from this web site and you are resident in or accessing the web site from another country, you agree to indemnify Eastcoast Sailing for any losses, costs, expenses or damages Eastcoast Sailing may suffer as a consequence. Eastcoast Sailing reserves its right to limit the provision of any product or service to any person or geographical area it so desires.
Your ability to purchase products and services from this the web site may be terminated at any time by Eastcoast Sailing without notice. All restrictions, licenses and the like granted by you and all disclaimers and limitations of liability which benefit Eastcoast Sailing will survive termination.
Unless otherwise indicated, copyright in the information on this web site is owned by Eastcoast Sailing. All rights are reserved. You may download a single copy of the information on this web site that you require for its use as a reference to make an order or place a booking with Eastcoast Sailing. Except as permitted under the relevant copyright legislation or other applicable laws, no part of the information contained on this web site may be otherwise reproduced, duplicated, copied, sold, re-sold, adapted, performed in public, transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) or otherwise exploited for any commercial purpose without the specific prior written consent of Eastcoast Sailing. If you believe that you own the copyright in any work and that work is displayed on this web site without your consent, please contact Eastcoast Sailing and your complaint will be investigated.
The Eastcoast Sailing logo and “Eastcoast Sailing” are subject to pending trademark applications in Australia and are protected by Australian and international copyright laws.
THIRD PARTY COPYRIGHT AND TRADEMARKS
Third party names, logos and icons identifying third party products and services referenced herein are trademarks or registered trademarks of their respective owners. All other product and/or brand or company names mentioned herein are copyrights and/or trademarks of their respective owners.
LINKS TO OTHER WEB SITES
This site may contain links or third party advertisements (which contain embedded hyperlinks) to web sites maintained by other companies and organisations. Eastcoast Sailing does not make any representation as to the accuracy of information contained on those web sites and will not accept any responsibility for the accuracy, ownership or any other aspect of the information contained on those web sites. The placement of third party advertisements on this web site does not constitute a recommendation or endorsement by Eastcoast Sailing of the products or services advertised. The third party advertiser is solely responsible to you for any representations or offers made by it and for the delivery of any products or services you agree to purchase from any third party web site.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia. You and Eastcoast Sailing agree to submit to the exclusive jurisdiction of the courts of the State of New South Wales, Australia and any appellate courts.
If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Eastcoast Sailing‘s failure to exercise or enforce any rights or provisions of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Eastcoast Sailing in writing.
AMENDMENTS TO TERMS AND CONDITIONS
These terms were last updated on 22 January 2018. Eastcoast Sailing may amend these Terms and Conditions from time to time. Any amendment will be effective immediately upon notification in this section of this web site. Your continued use of this web site or proceeding with your Booking after any amendment becomes effective constitutes an agreement by you to abide by and be bound by these Terms and Conditions, as so amended.
The products and services offered for sale by Eastcoast Sailing are only available to individuals who can make legally binding contracts. The products and services are not available to persons who are legally prohibited from entering into binding contracts.
Should you have any questions or wish to clarify the meaning of any of these Terms and Conditions, please contact us prior to making your Booking.