Deposit and Payments

• A 50% deposit is required at the time of booking to secure the charter / dining / special event  date

• The balance of the charter fee is require no later than 14 days prior to the charter / dining / special event date

Cancellations

• Cancellations received 14 days prior to the charter / dining / special event date will not incur a cancellation fee

• Cancellation received within 14 days to the charter / dining / special event will incur a 50% cancelation fee

Bond

A bond of $2,000 is to be paid prior to charter / dining / special event date, which will be refunded within 7 days of the charter completion unless any of the following have occurred:

• Loss of or damage to the vessel, its fittings, or equipment caused by the charter / dining / special event or its guests

• unreasonable amount of excessive uncleanliness caused by guests of the charter / dining / special event date

• Cost recovery of damages caused by the charterer / customer, or its guests is not limited by the amount of the bond paid.

Extension of Charter / Dining / Special Event Experience

The charter / dining / special event period may be extended by the Charterer at any time, including after the commencement of the charter / dining / special event  period, by agreement. Any extension of the charter / dining / special event  period will be subject to the terms of this Agreement and the charter / dining / special event  Fee must be re-negotiated prior to cover the extended period.

Weather Condition

• Unless the Operator deems the conditions to be unsafe the charter / dining / special event  will go ahead in all weather conditions

• Cancellations due to weather or postponement  will not be decided until the day and is at the discretion of the Operator.

• Orraia is not responsible for the weather conditions and any adverse weather conditions do not give the charterer the right to terminate the charter / dining / special event  date. The Captain  will determine if the weather conditions are safe to operate the charter / dining / special event date as planned.

Limit of Liability

It is a condition of the charter / dining / special event  that the liability of the Operator, its servants, agents and sub-contractors is agreed to be limited in accordance with the Limitation of Liabilities and Maritime Claims Act 1989

Indemnity

The Charterer agrees to indemnify, and hold harmless, the Owner, its agents and employees, from and against any and all losses, claims, actions, costs (including legal costs), expenses, fees, damages and liabilities which the Owner may sustain or incur resulting from:

• any negligent act by the Charterer or members of their group

• any damage, loss or theft of any property belonging to and charter guest arising of the charter / dining / special event  

• any personal injury or death caused or contributed to by any negligent, reckless or wilful act or omission of the charterer / guest.

• The Owner agrees to indemnify, and hold harmless, the Charterer, guest, its agents and employees, from and against any and all losses, claims, actions, costs (including legal costs), expenses, fees, damages and liabilities which the Owner may sustain or incur resulting from anything other than those listed above.

Safety — Captain Authority

• The Charterer and charter guests will comply with all directions given by the Captain of the vessel

• In the event of uncooperative behaviour, as deemed by the Captain, the Captain has the right to terminate the charter.

• The Captain can terminate the Charter at any time and return to the point of embarkation if the Captain believes the safety of the vessel or passengers is at risk or the guests refuse to comply with the Captains directions

• Maximum number of persons on board will not exceed those specified in the vessel’s license

• Responsible service of alcohol regulations apply. Any charter guest intoxicated or appearing to be intoxicated may be refused service.

Special Conditions

• Guests will be required to remove footwear on board

• There is to be no smoking on the vessel

• Cabins, including beds, are not available for use during day charters / day dining / events unless agreed in writing prior to the charter.

• Maximum of 35 Guests 

• Swimming is only allowed once approval is gained from the Captain and the crew at the charterer's discretion