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As “CHARTER ORGANISER” you are responsible for:

• Reading all of the material given to you carefully and completely, before payment of any deposit.
• Ensure all guests arrive aware of the standards of behaviour, rules and expectations, particularly around excessive drinking or other prohibited items.
• Provide us with a mobile contact number and be fully available in the lead up to your charter.
• Advise us if you are not attending and provide direct contact details of your delegated authority on the day.
• Ensure guests follow all instructions given, at all times.  Failure to do carries penalties (to you / your guests) of a minimum of $2,520 under the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (C’th), Schedule 1, Section 1 and 2.
• You are responsible for who you invite, so please choose wisely. 

OUR COMMITTMENT TO YOU

• We aim to deliver a safe and enjoyable experience for you and your guests, to the best of our ability. 
• To make ourselves available before, during and after your charter within reasonable timeframes.  We are a small family business not a 24/7 operation so please try to contact us within business hours or well in advance, unless urgent.

WE RESERVE OUR RIGHT TO:

• To enforce all terms & conditions given to you, either verbally or in writing.
• Terminate your charter without compensation where there has been failure to comply with the accepted terms and conditions, code of conduct, or where necessary for guest or crew safety.
• We may refuse entry to anyone who appears to be in a state of intoxication, or if we have grounds to suspect they are not fit to sail.
• Refuse additional passengers attempting to board if it exceeds the maximum guests number listed on your booking confirmation.
• Alter the destination or the activities on offer for safety or weather reasons or where time restrictions require. E.g. you may be redirected to an alternative location, or an activity may not be safe to conduct factoring in forecast conditions e.g. wind speed, direction. 
• Alter the start or end time of your charter by a maximum of +/- 60 minutes if required for weather or operational reasons. 
• Comply with all government and regulatory requirements.
• Supply your details to law authorities if required including the police and AMSA (Australian Maritime Safety Authority).
• Withhold amounts from your bond per the Bond Policy.
• Impose international payment surcharges to cover additional transactions costs, if applicable. 
• Impose additional levies of up to +15% for additional reasonable costs that affect your booking, which the supplier could not have reasonably known about prior to deposit payment (e.g. Fuel Surcharges, Changes to Government Entry fees).

ALCOHOL (BYO) – IMPORTANT

• Alcohol (BYO) is welcome provided it is not the purpose of the event and consumption is ‘casual’ or social, not excessive.
• We do not accept party charter or “booze cruise” type bookings. This typically includes hens/bucks unless the event is very low key and low alcohol
• You may bring un-opened beer and white wine in cans or bottles. Fortified wines and spirits are prohibited, unless as part of store-bought pre-mix cans which are not high alcohol.   Our crew are required to follow RSA guidelines even under BYO conditions and may refuse access to drinks if they feel necessary to comply with their obligations.
• There are absolutely no straight spirits, home mixes or shooters of any kind to be brought onboard. If you require this – we are not the right boat for you.
• If you are serving alcohol, substantial food must be provided plus 600ml of water per 4 hours, per person (RSA guidelines).
• At least 25% of beverages should be low alcohol or mid strength.
• Our crew have complete authority to take any necessary action to ensure compliance, including rationing or removing access to drinks if necessary, or returning to port, with no refunds offered.
• Persons under the age of 18 must not consume alcohol, regardless of whether you have allowed it. It is the law and heavy fines apply.
• Please leave eskies at home or in your car.  They take up too much room and serve as trip hazards. We have a two large chiller boxes for all of your food and drinks which will be centrally accessible on the day.
• By law, you cannot disembark onto public spaces with an open drink in your hand.
• Antisocial behaviour such as swearing or acting disrespectfully towards your crew, or repeatedly not listening to instructions etc, will not be tolerated and may result in your charter being cut short. 

PERMITTED GUEST NUMBERS

• Daytime standard charters allow you to have up to 27 people, including yourself.
• Evening (sunset) charters are generally restricted at 24.
• You may request a higher number, no later than 14 days in advance, provided it does not exceed our legal maximum and operational safety limits.  A higher charter rate applies and alterations may be required to the destination.  This is never guaranteed. 
• The maximum guest number on your booking confirmation must be adhered to on the day.

DEPOSIT, PAYMENT AND BOOKING

• A 50% deposit is required to secure your booking. We do not hold dates under any circumstances. 
• Emails with pricing are not a “quote” unless stated otherwise.  Prices may be subject to change until a deposit invoice is issued, at which time the booking is held for a maximum of 24 hours.
• All remaining amounts including catering are to be in our account no later than 14 days before your charter date (excl. Bond)
• Direct Deposit is preferred. Visa and Mastercard will incur a 1.8% merchant fee. Unfortunately we cannot process Diners or AMEX.
• Where we receive multiple requests for the same date: The first person to confirm is given 24 hours to provide proof of payment, after which it will be offered to next in line. 
• In the event outstanding amounts are unpaid by the due date, your date may be re-sold and deposit forfeited.
• All payments are to match the invoice total, including GST. We cannot accept split payments.
• Your charter time includes time spent loading luggage and/or guests, as well as disembarking at the end. We recommend arriving 30 minutes prior to departure to avoid delays. Jetty loading times are strictly limited to 15 minutes. Your vessel will return to the jetty 10-15 minutes prior to the charter to allow time for unloading guests and belongings. The charter concludes once all passengers have disembarked.

MARINE PARK ENTRY FEES (Charters to Rottnest Island Only)

Charter 1 is required to collect entry fees on behalf of the Rottnest Island Authority (RIA).  Fees are set by the RIA and subject to annual review.  Charter guests who visit a bay but do not disembark onto the island, pay a discounted rate referred to a ‘water based’ admission fee.  Fees apply as a whole vessel, i.e. if the vessel disembarks to let 1 person ashore, all guests are charged as ‘landing’ (higher rate).  Children are approx. half the adult rate. 

BOND POLICY

• All charters require a bond of $1,000 minimum, processed as a “pre authorisation” via Visa or Mastercard.  No charter proceeds without a bond. 
• We reserve the right to withhold money for reasons including but not limited to:
  • RIA fees (subject to change at any time by Rottnest Island Authority)
  • Excess Cleaning. Including but not limited to: vomit, spills, wine stains, excessive crumbs or popcorn, excessive rubbish left behind etc.
  • Blocked toilets will incur a minimum fee of $300.  If replacement parts are required, higher charges will apply.
  • Damage to the vessel or equipment due to rough handling, negligence or failure to follow crew instructions. 
  • Late returns (where the delay is caused by you).
  • Additional passengers surcharge
  • Charters that fail to comply with the alcohol policy or breach our code of conduct.
  • Impacts to other clients booked after you, due to your action, behaviour or negligence. 
• Where the bond fees do not cover the amount incurred, addition charges will invoiced and due within 7 days.
• Labour will be charged at market rates where applicable. 
• A ‘pre authorisation’ places a hold over the amount for 5-7 days but does not deduct it, unless we make a claim. The exact time taken for the hold to disappear will vary depending on your card issuer. 

CANCELLATIONS BY YOU

If you are required to cancel your booking, the following terms regarding refunds will apply:

• More than 1 months notice: refund less 25% of total booking amount (excl. catering)
• More than 14 days notice: refund less 50% of total booking amount (excl. catering). 
• Less than 14 days notice: 100% loss of total booking amount (includes pre-paid catering)

Our cancellations policy is firm but in line with general industry practice.  Once a date is held by you we turn away all booking enquiries for that date and/or may close off public tours to accept your booking.  We reserve our right to recover losses if you decide not to proceed, for any reason.  Note: Date changes are a cancellation of existing booking – the same terms apply.  

CANCELLATIONS BY US

In the rare event of mechanical failure, unsafe weather (refer below), or any other unforeseen event that prevents us from operating, your charter may need to be postponed or cancelled. If this occurs, we will work with you to find a comparable alternative date/time to reschedule your charter within the same season. If not practicable, we will provide you with a refund, less transaction fees.

 WEATHER POLICY

Outdoor experiences are inherently unpredictable. We are a sailing vessel operating in mostly open waters. Sailing will proceed in all conditions (including overcast skies, rain, windy or cool days) unless the skipper determines there is an unmanageable safety risk.  To ensure your charter can proceed safely, we reserve the right to make operational adjustments where necessary including utilizing alternate routes/destinations or adjusting the start / end times by up to 90 minutes (30min for sunset sails). If the skipper deems there to be no safety risk and you choose not to attend, the booking is forfeited and no refund or reschedule will be permitted.

If your charter is cancelled by us, in accordance with the below timeline only, we will work with you to find a comparable date and time to reschedule to, within the same season. If this is not possible, your charter fee will be refunded via bank transfer, less any card fees.

 TIMELINE – WEATHER DECISIONS: “Go / No Go”

The skipper reserves his or her right to delay the final decision to proceed (“go/no-go”) until 6:00 PM the day prior (for departures before 11:00 AM), or 8:00 AM on the day of (for departures from 11:30 AM), or any time up until departure if previously advised ‘go’ and conditions deteriorate unexpectedly or deviate from forecasts.

RIGHT TO ALTER DESTINATION & / OR START AND END TIMES

The skipper will choose the best bay / location for you based on the weather that day.  We reserve the right to modify or abandon, a part or whole of the charter by up to 60 minutes for day charter and 30 minutes for sunset charters, to ensure your charter can proceed safely.

RE-SALE PROHIBITED

• Private charter rates offer a “discounted” hire for a fixed duration, for private events only.  They are not the same as public tours sold on our website. 
• Re-sale of private charters for commercial benefit is prohibited.  Anyone found to be promoting a ticketed event will have their charter cancelled without any refund. “Commercial benefit” is not limited to monetary it includes PR / brand, not for profits, wholesalers, agents (unless there is an agency agreement in place).  If you wish to become an authorised agent, please reach out direct.  

PROHIBITED ACTIVITIES OR ITEMS

• Adult Entertainment.
• Drink servers or ‘hosts’
• Illicit Drugs
• Drones and filming of crew without their permission
• Smoking and Vaping
• High strength alcohol – see our alcohol policy for guidelines.
• Glitter, confetti, helium balloons, candles/flames, decorations with coloured dye e.g. red streamers.

CODE OF CONDUCT

Everyone has a responsibility be safe and secure on board. Especially our crew, who work incredibly hard behind the scenes for you.  Our Code of Conduct calls for a minimum standard of behaviour to help everyone have an enjoyable, safe and incident-free trip. It applies to all aspects of your experience with us, including over the phone, when boarding, duration and after your journey.

• The use of offensive or abusive language towards other guests or crew will not be tolerated.
• Abusive behaviour or disrespect towards our crew will result in the immediate termination of your charter with no refund given, and possible reporting to authorities for follow up under AMSA laws.
• Music must be kept to an appropriate level for crew communication.
• Guests are not to enter crew areas – these are advised to you during the safety briefing.
• Be responsible in relation to alcohol use. A good guide is to remain at or below the safe driving limit. The ocean is not the place for increased risks that are commonly associated with high alcohol consumption.
• The use of illicit or illegal substances onboard will result in immediate charter termination with no refund given, and may be reported to authorities.
• Do not engage in abusive behaviour such as uninvited physical contact, harassment, theft, violence or any action that would be considered unacceptable in a public place.
• Do not engage in unsafe behaviour such as sitting, climbing or standing on any barriers or railings. Your crew will advise any “no go” zones during your safety briefing – this is for your safety.
• Treat other guests with respect and obey the rules and directions set out by our crew, at all times.
• Treat our crew with respect and remember that the vessel is their workplace and often their home while at sea.
• Do not photograph or video other guests or crew members without consent.
• Failure to adhere to the Guest Code of Conduct can have serious consequences. The Skipper has the complete authority to terminate your charter and report you to authorities. You are responsible for all of the guests you bring, and ensuring they comply, not us. 
• Where it may be necessary for disembarkation or other actions such as reporting to appropriate government and law enforcement authorities, any costs involved in repatriation will be the responsibility of the guest. Refunds will not be provided.

BBQ CATERING (Optional)

• Guests may BYO catering. Our crew will provide assistance where possible – when they are not busy doing other (primary) duties.
• Charter 1’s BBQ packages are sourced from a curated group of suppliers, not made by us. By opting to have us cater your event, you understand and agree that:
  • Charter 1 acts as the distributor and agent and is not the caterer. Crew are trained in the safe handling of food hygiene and safe handling measures are used with regard to transport and delivery. 
  • Charter 1 makes a small fee which is factored into the cost of the packages, which includes all condiments, plates, cutlery.  Plus 10% GST.
  • Food is prepared in commercial kitchens which may come into contact with trace allergens. We are unable to guarantee 100% allergy free.

WE ARE NOT RESPONSIBLE FOR:

• Wildlife sightings, breakdowns, specific equipment being available on the day.  Damage or losses do occur and we always try to fix them ASAP, but it is not always possible in the short timeframe between charters. Oftentimes things need to come from over east or overseas.
• The weather. Sailing is an outdoor activity and will continue even in cold, wet or windy conditions, provided it is safe to do so.
• Your ability to make your charter for any reason including but not limited to illness, medical emergencies, bereavements, border closures etc.
• Emails going into your Spam folder. We encourage you to save our email ([email protected]) as a “safe sender” to prevent this happening between now and your charter date. 
• Payments not reaching our account in time, or going into the wrong account.
• Difficulty accessing the designated jetty. Guests should be aware that during peak times jetties are extremely busy. We may encounter situations that impact on our ability to gain access to the public jetty, e.g. if other charter boats are taking too long.  In these situations, we may redirect you to an alternative nearby location – please have your phone on you at all times.  In the event we are late to arrive, where the schedule and crew shift breaks allow, we may give you extra time at the end, however we are under no obligation to do so.
• Being late to leave the jetty. How quickly you load depends on your and your guests. Your booked charter time includes time loading and unloading. Your charter ends after the last person has disembarked.
• Losses incurred if your charter is unable to proceed for any reason.