Please consider if this experience is right for you before booking.
By booking with us you agree that you have read and accept the general terms and conditions listed below, as well as any tour-specific conditions listed on any of the Charter 1 tour pages.
You agree that these terms and conditions are fair and reasonable given the type of the activity and locations within which we operate. We reserve the right to update these terms and conditions at any time.
Reasonable Responsibilities
Offer and acceptance of services is underpinned by our Reasonable Responsibility Statement: https://www.charter1.com.au/reasonable-responsibility-statement.
Client / Customer Cancellations
To view our cancellation & reschedule policy, please visit: https://www.charter1.com.au/cancellation-policy/
Supplier Cancellations
We reserve the right to alter prices, departure/return times or cancel services altogether if necessary for operational or weather reasons.
We reserve our right to cancel at any time if conditions require it, for safety reasons. This decision will only be made by the Master / Skipper and in the final hours before departure once ocean conditions can be assessed. As an outdoor adventure activity, exposure to the elements should be expected. Tours will not be cancelled on the basis of rain, clouds or strong winds, or based on forecasts alone. We strongly recommend that you have travel insurance if a weather related cancellation is likely to cause disruption.
The safety of our guests and our Crew are our highest priority and our vessel. We reserve the right to vary itineraries for safety and passenger comfort. We also reserve the right to substitute vessels at any time, for any reason.
Safety
Sailing on the ocean is an outdoor adventure activity involving risk. Capella is blue water in-survey vessel maintained to the highest standards for commercial off-shore sailing as regulated and monitored by the Australian Maritime Safety Authority (AMSA).
As the provider, we endeavor to ensure a safe environment within the limitations of our vessel, the areas we operate, and the weather information reasonably available. We endeavor to provide you the information you need prior to making a booking however we are unable to take responsibility for information that has not been given out by us, e.g. third party websites, as we do not control these.
Safety – Your Commitment to Us
As the customer, you agree to behave responsibly, safely and to listen to crew instructions at all times. You agree to monitor and care for your own personal safety onboard and to report any unsafe behavior or major hazards observed whilst onboard with us. You agree that safety is a joint responsibility and that whilst it is not possible to remove every risk you will play your role to minimize them also.
You also understand and accept that Charter 1 cannot make decisions on your behalf regarding fitness to sail. By making a booking, you are acknowledging the risks involved in participation and agree to release and indemnify Charter 1 from any liability arising from participation in the activities and for any of the member of the group for whom your bookings includes, to the extent permissible by law.
For some of our tours, a swimming waiver is required to be signed before participating in water based activities.
COVID-19
Charter 1 is following all government requirements regarding COVID-19. As at 31st January, passengers are not required to be vaccinated, however this is subject to change in line with any government directions imposed at any particular time. Regular updates will be published on our “COVID-19 Notice” webpage which can be found here: https://www.charter1.com.au/covid-19-notice/
Fitness & Disclose
There is no age limitation onboard Capella. However a moderate level of fitness is required for safe boarding and navigation around the vessel. The ocean can at times can become rough and unsteady, requiring good balance and steady feet. It is your responsibility to advise us of any health conditions that may heighten the risk of further injury or complications, particularly regarding but not limited to recent surgeries, before making a booking with us.
If you are not a confident swimmer you must disclose this to the crew before entering the water and you may be restricted from undertaking water based activities.
Failure to disclose any pre-existing conditions or critical information, and abide by any limitations placed on you, may result in the cancellation of your ticket or refusal at boarding (no refund). In the case of such breach you will be responsible for any costs associated with emergency assistance and financial loss incurred to yourself or anyone else impacted by the breach.
Seasickness
Please consult the advice of a doctor or pharmacist before booking. Although most guests are generally fine, sea sickness is always a risk on the ocean.
Mobility Aids & Accessibility
Boarding, accessing the front of the vessel and using the lavatory all require the use of stairs. Unfortunately we are unable to accommodate passengers in wheelchairs or requiring mobility aids due to space limitations and the configuration of the vessel.
Pregnancy
Expectant guests who are 28-36 weeks pregnant will require medical clearance to board. Unfortunately, we are unable to accommodate anyone over 36 weeks gestation.
Drugs & Alcohol
Most Charter 1 tours and charters allow alcohol to be brought onboard (BYO). Beer, wine and pre-mix cans are permitted, however straight spirits are prohibited in any form (including BYO containers). This rule is firm and any spirits brought onboard will be disposed of by the crew. There is no flexibility to this policy so please do not ask.
Charter 1 is a regulated premise by law. Alcohol is to be consumed in moderation. Guests who are becoming alcohol affected may be cut-off from further drinking and also asked to sit out of activities. This is at the sole discretion of the crew. Failure to obey any crew instructions may result in you being removed from the vessel at your own cost and with no refunds given.
Any person who turn up intoxicated or who is deemed unfit to sail will not be allowed to board. No refunds will be given.
The taking of illicit substances whilst onboard is prohibited. Alcohol is not to be supplied to minors (<18yo) regardless of whether they are family or not.
Unaccompanied Minors
Passengers aged under 18 must be accompanied by an adult who is 18+ unless permission has been obtained in writing from us prior to boarding. If permission is granted, a written waiver will be required to be signed by at least one parent per person.
Respect our Vessel, Equipment & Crew
We provide kayaks, SUP’s and other water toys as a courtesy for you. These are to be shared and are not for your exclusive use. Whilst we endeavor to provide you the equipment listed as being available on our website, it is not always possible or practical due to unexpected equipment damages in previous charters (we will try to fix as soon as practicable) or due to weather on the day or time restrictions meaning that we cannot offer this equipment (e.g. cargo net).
Please take great care not to damage or lose our equipment. You will be liable for the repair or replacement cost of any equipment becoming damaged or lost as a result of your negligence or failure to properly follow instructions. Charter 1 agrees to provide an invoice for these costs which may also include fees for additional cleaning, time spent organizing repairs or replacement or any other costs incurred to us. If you are chartering privately with us, this will be withheld from your bond.
Respect our crew at all times. Remember that this is their workplace and often their home whilst at sea also. Guests are to stay out of any crew areas at all times. These will be advised you during the safety briefing.
Respect our Staff and Bookings Policies
Failure to respect our administrative staff and the accepted booking policies may lead to bookings being cancelled at the customers cost. We reserve our right to deny entry to any person who (in our view) threatens to cause harm to our crew, our vessel or our reputation.
Gift Vouchers
Where the purchaser seeks to pre-book and pay for an experience without a date (“GIFT VOUCHER”), the operator will offer this opportunity on the following terms only:
The travel date cannot extend beyond 36 months (“USAGE PERIOD”) from the date of purchase, in keeping with Australian Consumer Law in consultation with the ACCC who deem this a fair and reasonable usage period, acknowledging both the need for consumer flexibility alongside the financial and inventory burden vouchers place on businesses. The purchaser has the option to not accept these terms, which are provided at the point of sale.
By continuing with the purchase, the purchaser warrants and accepts that should the recipient fail to board within the usage period, this will constitute failure to board per the Booking T&C’s and no further credit(s) will apply. Additionally, if there has been a fare increase since the date of purchase, a fare difference will be payable. We recommend all gift voucher recipients not delay booking their experience as many of our tours book out weeks if not months in advance.
In the interests of fairness to all gift voucher holders, these terms are firmly applied.
Use of Media
Charter 1 and its crew or other guests may record images, video, audio or other media content whilst conducting tours and/or Charters, which you may appear in. You agree to grant Charter 1 royalty-free permission for the use of such media for any purpose including commercial use by Charter 1 or any of it’s agents, affiliates or sponsors. If you do not agree to these terms, you must advise us in writing or let the crew know on the day.
Insurance
Charter 1 is a considered a Domestic Commercial Vessel as regulated by the strict National laws and regulations set out by the Australian Maritime Safety Authority as well as a Tourism Vessel under the laws of the Liquor Control Act (1988, last updated 2 July 2019).
Charter 1 carries public liability insurance to the sum of at least $10 million. If your company required a copy of this policy, please send us an email.
We have endeavored to provide you as much information about each experience as possible, however it is not possible to cover off every question. If you are unsure of any of the terms and conditions or would like further information, please send us your questions in writing to info@charter1.com.au
We look forward to welcoming you aboard soon!