Terms & Condition

Foreword

Your charter on Sydney Harbour includes activities that may involve considerable danger & risk aboard our vessel. We ensure care is taken for your safety on board and in the water.

Barefoot Charters accept no responsibility for injury, damage or losses incurred. By purchasing your cruise or charter you hereby agree to our terms and conditions as detailed.

General Conduct & Safety

The Skipper & crew need to be obeyed at all times when giving safety instructions.

You must inform skipper & crew if you are not a confident swimmer.

It’s your responsibility to advise and make it very clear to skipper & crew if you have food allergies or health conditions which may affect your safety on board the vessel and participating in any water activities.

The skipper & crew will advise you when to board & disembark the vessel when it is safe to do so, or when swimming is allowed. Any jumping from the vessel while it is underway, anchoring or manoeuvring onto wharfs creates great risk to yourself and others aboard and may cause your charter to be ended early, access to the vessel denied or your event canceled.

BAREFOOT is just that, No Shoes, but don’t worry, we will look after them for you.. Barefoot BLUE and Barefoot SPIRIT we suggest you wear suitable sensible footwear, high heels and boots are not recommended and you may be asked to remove stiletto type heels. Ensure you always use sunscreen and drink substantial water.

Jumping / diving from the upper levels or roof of the boat is highly dangerous, and not allowed.

Terms & Conditions of Service

In consideration of Barefoot Charters supplying recreational services, including but not limited to boats and/or crew, for the purposes of or in connection with or incidental to, the pursuit of the recreational activity of sailing (“the Recreational Services”) and allowing you to participate in that recreational activity, you agree that you have read the conditions set out below and you agree to be bound by them:

You engage in the recreational activity at your own risk.

You acknowledge that you have read this document in full, and that you acknowledge that the warning constitutes a risk warning under the Civil Liabilities Act, 2002. You also acknowledge that the risk warning has not been contradicted by any representation made by or on behalf of Barefoot Charters,

You will read all signs and follow all directions given Barefoot Charters or its employees, contractors, representatives or agents; and you will conduct yourself in a controlled manner at all times.

You declare to Barefoot Charters that you are in a fit and healthy state to undertake a recreational adventure activity of this nature and that you have no pre-existing medical condition or injury which would adversely affect your competence on the boat or in the water.

To the maximum extent permitted by law Barefoot Charters excludes all liability to you by Barefoot Charters, its directors, officers, employees, contractors, representatives or agents; for any cause including for negligence and whether or not the loss or damage occurred to person or property.

Where that liability cannot be excluded by law Barefoot Charters limits that liability to you to the maximum extent the law permits.

Barefoot Charters provides “Recreational Services” as defined in the Competition and Consumer Act 2010 and to the maximum extent permitted by that Act it excludes all liability to you, including but not limited to personal injury or death, arising out of any failure by it or its directors, officers, employees, contractors, representatives or agents to comply with any consumer guarantees applying to those services.

If you are under the age of 18 or under any disability you must be accompanied by a parent or another adult person who is responsible for you boarding the vessel and during the recreational activity unless prior authorisation is expressly given.

These conditions together with the risk warning below form the conditions of entry and use of the facilities, equipment and services of Barefoot Charters.

The skipper & crew reserves the right to refuse entry of a passenger or require a passenger to disembark the vessel if is deemed to be intoxicated, drug affected or disruptive.

Staff are trained in the responsible service of alcohol and alcohol will be refused to any intoxicated passenger.

Passengers will not bring any illegal substances or items on board.

Alcohol is only to be consumed by those 18 years of age or older.

Offensive behaviour will not be tolerated.

Passengers are encouraged to obey alcohol consumption RSA guidelines.

Any damages and breakages caused by passengers will be charged to the organiser’s credit card or bond holder.

Additional Conditions of Service (Bucks Party Cruises Only)

Bucks’ cruises have to be the first event of the buck’s day.

Intoxicated guests will not be allowed on board.

Cruise will be assessed reguaraly for safety in regards to alcohol consumption.

A credit card bond will be held for all bucks cruises; any damages and breakages caused by passengers will be charged to this card.

The skipper reserves the right to cancel your cruise if our terms & conditions regarding offensive behaviour, excessive use of alcohol and/or illegal substances are not abided by. No refund will be offered.

Booking & Refund Policy

A deposit of $1,000 of the total charter fee is required to secure a booking. Until the deposit is paid, a booking cannot be guaranteed.

The remaining balance of the charter fee must be paid 30 days prior to your cruise. If the balance has not been made within 10-days of the scheduled charter date, Barefoot Charters reserves the right to cancel the cruise with no deposit refunded.

Barefoot Charters, will hold a completed & signed credit card authorisation form as security bond. Will only be used for damages and breakages caused by passengers and will be charged to this card. We will advise you of any damage. If no damage has occurred the form will dispose of or bond money will be refunded. All dates changes and cancellations must be made in writing and emailed to bookings@barefootcharters.com.au

Should the weather conditions be deemed to be unsafe, Barefoot Charters will offer to reschedule the charter.

Should there be any technical / mechanical or safety issues with the vessel, the option to reschedule the charter or a full refund will be offered.

If your booked vessel is not available for any reason on the date of the charter, a replacement vessel may be organised in its place.

Each vessel has a maximum capacity set by maritime safety regulations. Under no circumstances may the number of passengers exceed this legal capacity.

If your group arrives with more than the allowed number, excess passengers will be denied boarding and no refund will be issued.

Terms & Conditions BYO Food

The BYO Surcharge covers utensils & serving equipment.

All groups must bring a substantial amount of food to fulfil & abide by the RSA requirements.

Responsible Service of Alcohol

The Operator is bound by the NSW Liquor Act & must abide by the guidelines for the Responsible Service of Alcohol.

The Operator must refuse service of alcohol to both intoxicated persons & guests under the age of 18.

The Operator may refuse service of alcohol to any individual in the Operator’s absolute discretion at any time.

Intoxicated guests will not be permitted to board.

Whenever alcohol is consumed on a Vessel, substantial food must also be provided to satisfy the RSA obligations. Light snacks such as chips and nuts are not considered to be substantial food.

The Operator has the right to refuse passengers boarding if sufficient food is not provided or delay departure until substantial food (Pizza) is procured.

Swimming

Swimming is encouraged but only permitted between Sunrise and Sunset when the vessel is stationary & at the absolute discretion of the crew and totally at your own risk.

Saftey Statement

Recreational activities (including water activites & swimming) involve a significant risk of physical harm or personal injury including permanent disability and/or death to participants. Any such injury or loss may result not only from your actions but from the action, omission or negligence of others. Please read and obey all signs and follow all directions given by the company or its employees, contractors, representatives or agents at all times while aboard our vessel.