3.1 Passenger conduct
(1) The safety of guests and crew is paramount at all times and all care will be taken to ensure a safe and enjoyable trip. The skipper has the sole discretion to do whatever is necessary to maintain safety of the guests and good order on the vessel and you and your passengers must comply with any such request.
(2) You agree to:
(a) always obey the safety instructions given by the skipper and other crew members;
(b) only exit or board the vessel once the skipper has advised it is safe to do so;
(c) not access the roof of the vessel; and
(d) at the time of arrival, advise the skipper if you are not a confident swimmer.
3.2 Safety and swimming
You acknowledge and agree that:
(1) you must declare that you are in a fit and healthy state to undertake the events of your booking;
(2) you have no pre-existing medical condition or injury which would affect your competence on the vessel or water. It is recommended that if you or your guests have a medical consideration (such as a pregnancy) which may affect your ability to travel, that you should get the proper approval and opinion of a medical professional before boarding the vessel. By boarding the vessel with any medical consideration, you agree that the liability of Sea Sydney Harbour is limited to the extent as outlined in condition 11;
(3) you must inform us prior to your scheduled booking date if you have any food allergies or health conditions which may affect your safety on the vessel;
(4) the skipper, crew, charter company and vessel owners accept no responsibility for your safety or for any injury incurred once you have left the vessel, whilst in the water or when re-boarding the vessel from the water. If you leave the vessel to enter the water, you do so at your own risk and you are solely responsible for any injuries incurred. Under no circumstances is entering the water allowed outside of daylight hours. You will be asked to sign a ‘Swimming & Injury Waiver’ on the day, before leaving the vessel;
(5) jumping/diving from the vessel is dangerous and not recommended. You do so at your own risk. Jumping/diving from the roof of the boat is not allowed;
(6) whether or not swimming is permitted on the day is at the sole discretion of the skipper. Nonetheless, we will not be held responsible for any injury or the death of any guest whilst in the water; and
(7) you will follow all directions made by staff in relation to the use of life jackets (as applicable to the events of your cruise) and in the case of an emergency. You may request access and use to the life jackets at any stage during your cruise and in doing so you agree to exercise reasonable care and caution when choosing when to wear your life jacket.
Please note that cruise times include boarding and disembarkation. Please arrive at the pick up location 15-20 minutes before departure time. If a booking is made and you do not show up or arrive late, Sea Sydney Harbour cannot guarantee cruise participation on an alternate cruise time or the extension of your private charter and no refunds will be provided.
3.4 Substitution of vessel
Sea Sydney Harbour has the right to substitute a vessel for one that has similar features. Should there be any safety issues with, or damage to, the vessel that cause your charter to be cancelled, you will be given the option to reschedule or receive a full refund in accordance with these terms and conditions. For the avoidance of doubt, you will not be entitled to any refund or rescheduling if such damage is caused by you or your guests.
3.5 Loss of equipment and personal items
Sea Sydney Harbour will not be held responsible for any personal injuries, equipment loss or damage sustained while participating in any of our charters or tours. Passengers may get wet and are advised not to carry any valuables on them.
Smoking is not permitted on ticketed tours, but is permitted on private charters. Smoking is only allowed on the outside deck (which has not been excluded by the skipper), however respect and care for the environment is required. Appropriate ash trays for cigarette butts are provided on board the vessel.
3.7 Skippers right to reschedule / terminate the charter
The skipper and Sea Sydney Harbour reserve the right to end the charter at any time should any passenger conduct be deemed inappropriate; any passenger display signs of heavy intoxication or being under the influence of illegal substances; any passenger refuses to adhere to the direction of the skipper or any other crew member; any passenger not behave in a safe, responsible and respectful manner; or there be any damage to the vessel caused by any passenger. Any termination of the charter due to the above will not entitle you to any refund or credit (partial or otherwise).
3.8 Rescheduling due to adverse weather conditions
(1) The skipper and Sea Sydney Harbour reserves the right to make a determination on the day that the charter is to be rescheduled due to adverse weather conditions. This right solely vests with the skipper and Sea Sydney Harbour and you are not entitled to reschedule your charter at any time due to current or forecasted weather conditions.
(2) If there is any rescheduling of the charter due the determination of the skipper or Sea Sydney Harbour, we will attempt to either reschedule the charter at no cost or issue you with a credit voucher which must be used by you for a booking within 12 months of the cancelled booking.
3.9 Change of activities / details
All details / activities listed on our website for each tour or charter are subject to change at our discretion without notice and which may for example occur due to weather conditions, events in Sydney or other matters outside of our control.
You agree to indemnify us (including any of our employees, officers and agents) from and against any and all losses, claims, actions, costs, expenses, fees, damages, fines and liabilities caused by a negligent act or omission by you or your guests, including but not limited to failure to comply with these booking conditions; failure to comply with directions given by the crew on the vessel; and/or reckless behaviour exhibited by you or your guests.