A standard consumer contract with Party Cruises Boat Hire is a leasing contract prepared by (us) using the ACCC Fair Trade guidelines. This contract is not subject to negotiation and is offered strictly on a ‘take it or leave it basis. The law clearly states that it is the responsibility of the hiring party (you) to read, understand, and agree with the terms and conditions within this contract if you wish to use our products and services. We endeavour to be as transparent as possible and always use plain English.
Commitment to the terms and conditions of a contract with Party Cruises Boat Hire is legally established at the point of signing the lease contract physically or with a digital signature and/or a deposit being taken and held to secure the required hire date and time for your event.
If at any point, you do not agree with our terms and conditions, we cannot provide you with a lease agreement or service, and you must seek alternative options.
Our boats are carefully prepared and inspected, ready for use before each booking.
Cancellation of the service by US, for any reason, prior to your booking will ensure the return of your full deposit amount.
Cancellation of the service by US due to forecasted or present severe weather warnings or dangerous conditions with winds of 20 knots and above will ensure the cancellation of the booking for safety reasons. We only offer a rescheduled date as soon as possible within 30 days. Failure to accept this offer will constitute a forfeit of all monies paid to us as compensation for loss of business.
We reserve the right to cancel a boat hire for weather safety reasons up until 7:30 am on the day of the lease booking. That means your booking may be cancelled at the last minute if the weather conditions change suddenly to prevent our boats’ safe hire and use.
No refunds for cancellation on the day due to unforeseen circumstances or bad weather will be given. However, the booking deposit will be held in credit for 90 days and applied to an alternative date suitable to both parties. If the 90 days expire without you having taken the alternative option, all funds will be forfeited by you with no exceptions as compensation to us for loss of business. The onus is on you to rebook and take the alternative cruise within the 90 days this contract stipulates and provides.
We will issue you a full refund if you cancel your booking with us 30 days or more prior to your contract lease date.
If you cancel your booking within the 30 days this contract stipulates, no refund will be given. You will be offered a voucher for the amount with a 30-day reschedule period. If you fail to reschedule and take the cruise in that time, you will forfeit the full amount held as compensation to us for lost business.
The owner reserves the right to make any refund exemptions contrary to the Terms and Conditions for exceptional circumstances at their discretion.
In keeping with the laws and regulations, should any event out of human control or mandated by federal law be enacted, it is the policy of Party Cruise Boat Hire to hold all bookings accountable for the service we were legally unable to provide.
To show professional goodwill and empathy in exceptional circumstances, and because our rivals do not offer this policy, we will offer you a voucher to be used within 90 days of any legal restrictions being redacted. The onus is on you to contact us to reschedule within that period. Failure to reschedule and take the cruise in that timeframe will be deemed a forfeit of your cruise.
You may reschedule a booking up to 14 days prior to the booking date. An administration fee of $150.00 will apply to any changes to the original booking as compensation for losing business on the original booking date due to the change and securing the future booking date.
We reserve the right to request payment in full for the rescheduled booking at the time of rescheduling.
Rescheduling is not permitted less than 14 days prior to the booking date unless by reason of cancellation under the cancellation policy.
Payment by Credit Card or Paypal will attract a payment fee. The amount is displayed at checkout prior to payment. Credit card providers have differing rates and processing fees.
The hiring of our boats is an activity that is undertaken at your own risk. While we take all care and supply all safety equipment, Party Cruise Boat Hire accepts no responsibility for lost items, personal injury or death.
As the leaseholder, you are responsible for any and all damage caused to a Party Cruise Boat Hire vessel while under the lease. Should any party on the vessel cause damage in excess, in the case of a successful insurance claim by us to recover the cost, an excess of up to $2000 may still be payable by you. Where the damage is not recoverable by the insurer, legal proceedings to recover all damage and repair or replacement costs will be borne by the contract leaseholder (you).
If the damage is caused by one of your guests, the onus is on you to recover the cost from them, not us. We hold the leasing agent (you) responsible for the damages regardless of which party guest is at fault.
We do not supply a refund if you return the boat early. That is your choice to forfeit any time remaining on your hire agreement before it expires.
Contact us today for any clarifications on the Terms and Conditions, special promotions, and hire rate discounts available! Understanding your responsibilities and the Terms and Conditions for hiring a Party Cruise Hire Boat legally rests 100% with you. If you do not understand or require clarification on any point in the Terms and Conditions, we will be happy to provide clarification through any of our posted contact us portals.
We ask that you arrive approximately 30 minutes prior to your booking time to complete all necessary forms and undertake a comprehensive safety induction. In consideration of our schedules, please ensure that you and your guests are punctual. Arriving late will be deducted from the time of hire. No-shows will forfeit all monies paid.
In keeping with safety regulations for crew and guests, no pets are allowed on the vessel, with the exception of legally registered assistance dogs. Please advise staff at the time of booking if you require the inclusion of an assistance dog, have vision issues, or experience mobility issues that require a wheelchair, as the configuration of the boat will be specifically required to facilitate your special needs guest/s.
A map will be provided with the operational areas you can choose to cruise based on the amount of time your boat hire will extend to return you to the dock on time at the end of the lease period. Both of our boats come with fully licensed and experienced captains at all times.
We do not allow self-hire options as a general rule. Exceptions to our self-hire moratorium are entirely at the owner’s discretion and the validation of a current, commercial-level captain’s licence.
Should the owner choose to make an exemption at their discretion, a security bond will be required and held for 24 hours post the lease period. Upon return, the boat will be dry docked to assess for any hull damage. A clean inspection will refund the full bond amount.
Any damages will be photographed and documented as evidence. The damage costs for repair or replacement will be deducted from the bond. Legal proceedings for remuneration will be undertaken if the damage is in excess of the bond amount and insurance does not cover the damage.
Party Cruise Boat Hire reserves the right to terminate the contract without refund or refuse entry to any patron if deemed already inebriated prior to boarding, under the influence of drugs, or generally appear unfit to complete the cruise.
Strictly no smoking anywhere on the vessel, and we choose to extend that ban to Vaping to ensure the crew and guests’ lung health and safety.
Party Cruise Boat Hire is pending approval for a Licence to serve alcohol. We do not currently engage in the sale or service of alcohol or alcoholic packages. Guests may source alcohol elsewhere and BYO onto their cruise.
Responsible consumption of alcohol is requested. Your level of intoxication is self-governing. However, if you cannot stand upright unassisted, swim, float, or follow the Captain’s orders should an emergency occur, we take no responsibility should you drown or become injured in any capacity.
You are obligated to abide by current Queensland and Federal COVID safe requirements. A failure to abide by any COVID safe requirements will mean your immediate termination from the Boat Hire. You will not be offered a refund if this occurs.
To book a boat hire with Party Cruises Boat Hire, you must provide sufficient government-issued identification that does not falsely represent your age and is evidence that you are over 18. We reserve the right to terminate the contract with no refund should you provide false proof of age documents.
The agreement between yourself and us only comes into existence once you make a booking with us and pay the Booking Fee.
The terms and conditions constitute the entire agreement between you and us. By paying the Booking Fee, you confirm the accuracy of all information you have provided and accept these terms and conditions as a free will choice on behalf of yourself and any other members of your group particularised on the booking.
Unless you advise us to the contrary, we will assume that every member of your group is over 18 years of age. This is not the case; you are required by law to inform us so the correct number and sized children’s life vest/s can be substituted for adult sizes.
You accept that the organiser or group leader has the authority to deal with us on your behalf. If for any reason, there is a change in the assigned organiser or group leader, such as for Buck’s and Hen’s parties, you should notify us immediately.
You must check all documents (including any booking vouchers) provided to you and contact us at once if any information appearing on the booking confirmation or any other document appears inaccurate or incomplete.
You agree to provide the full names and requested legal identification of all guests in the extremely improbable, but not impossible, capsize or sinking of the boat for the purpose of search and rescue and police identification should the worst-case scenario eventuate.
1 PAYMENT TO US
1.1 The organiser, or name of the lease contract holder, is responsible for the reservation and ensuring that all monies due for a booking are collected and paid for on time and that all group members are aware of the terms and conditions.
Bookings are not confirmed or guaranteed until the full Booking Fee has been paid.
1.2 The organiser or group leader is responsible for ensuring that everyone within the group knows the Terms and Conditions and that they are provided with a copy of the terms and conditions.
1.3 Bookings may not be re-sold at cost or premium. You acknowledge that we are not required to provide you with a refund under Australian Consumer Law if you are unable to attend the Boat Hire or simply change your mind.
2 CHANGES BY YOU
2.1 The contracted leaseholder must request all changes. We will make every effort to accommodate your changes but may not always be able to do so.
2.2 Any change concerning a departure time or date will incur an additional charge of $150.00 and is subject specifically to availability.
3 CHANGES BY US
3.1 If we have to make a significant change to your boat hire due to unforeseen circumstances, such as changing vessels or delaying departure time due to a localised temporary prohibitive situation or weather condition that delays departure time at any stage, we will inform you as soon as possible.
3.2 We reserve the right at any time to cancel or change any boat hire booking and to substitute an alternative vessel, if possible, without accepting liability.
3.3 If you are unsatisfied with the alternative arrangements referred to in clause 3.2 (above), you must advise us within fourteen (14) days of being notified of the alternate arrangements. If you fail to notify us, no refund will be provided, and any deposit paid will be deemed abandoned. A full refund will be provided if the parties cannot agree upon the alternative arrangements.
3.4 We reserve the right to cancel a boat hire due to force of nature, health concerns or any other reason outside our control that we, in our absolute discretion, may determine. The force of nature events includes (but are not limited to) war or threat of war, riot, civil strife or unrest, an act of god, strikes, pandemic, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions, technical or maintenance problems with transport, changes imposed by rescheduling or cancellation of flight or transport by airline or road traffic conditions, or any other event that is beyond the reasonable control of us, including the actions of any third party suppliers. If we cancel or reschedule any boat hire due to force of nature, then a refund will be given, or a credit will be applied if desired and if possible.
3.5 If, in the opinion of us, your health or conduct before or after departure for the Boat Hire appears likely to endanger the safety of or the happy progress of the boat Hire participants or others on the waterways, you may be excluded from all or part of the Boat Hire, in which case no refund shall be made to you.
3.6 If in the opinion of us, you behave in such a way as to cause or be likely to cause danger, annoyance, violence or distress to any third party or damage to our property or third-party property, then we are entitled, without prior notice, to terminate the boat hire. In this situation, you may be required to leave the boat hire, and where it is deemed necessary, police will be called. We will have no further responsibility towards you, no refunds will be given, and we will not pay any expenses or costs incurred as a result of the termination.
3.7 If you suffer from illness or disability or are undergoing treatment for any physical or medical condition, you must declare the true nature of such a condition at the time of booking and make arrangements for the provision of any medication or other treatment required during the period of the boat hire. Failure to disclose to us at the time of booking will constitute a breach of these terms and conditions. It may result in you being excluded from the Boat Hire without a refund. It also places the person’s life in potential danger should they have a medical episode on the water and their treatment is back on shore.
4 CANCELLATION
4.1 Cancellation of the booking can be made by the organiser or group leader before 30 days of the boat hire, and a full refund will be given.
4.2 If any of your group members decide not to attend, are unable to attend, or require an early departure from the boat hire, no refund will be made by us to them.
5 THE WEATHER
5.1 If we decide the weather is not suitable for boat hire, either strong wind, gales, storms or torrential rain, there is the possibility that you may be unable to undertake the boat hire. If this occurs, we will rebook your boat hire at a suitable time; otherwise, a full refund will be given. If you decide to cancel if the weather is not to your liking, then depending on other parts of this agreement, either a rebooking where available or a no refund for change of mind may be issued.
6 LIABILITY
6.1 Every effort is made to ensure your safety, and we make every effort to ensure our boats are safe and have the proper safety equipment. We adhere to the legislative requirements pertaining to the activity and have adequate insurance. The boat hire includes certain risk elements, and we take no responsibility for any personal loss or injury incurred by you choosing to take part in a boat hire.
6.2 You agree to observe and obey all rules and warnings provided by our employees and us and further agree to follow any oral instructions or directions given by your Captain or our employees.
6.3 You acknowledge some inherent risks associated with boating in the canals and Broadwater of the Gold Coast. Regarding the boat hire, you assume full responsibility for personal injury to yourself and injuries to others and further release and discharge us from all actions, suits, claims, demands and causes of action whatsoever at law, in equity and under statute which you may have or for this document would, could or might at any future time have or have had against us in respect of or arising out of either directly or indirectly the services we provide. We do not accept any liability or responsibility for any action you take, make or propagate of your own free will!
6.4 You agree to indemnify us from all third-party actions, suits, claims, demands and causes of action whatsoever at law, in equity and under the statute as a result of your behaviour and actions or the behaviour and actions of your guests.
6.5 You acknowledge that you are solely responsible for any and all personal property brought onto the Boat Hire by yourself and all guests. We will not be held liable for any damage or loss caused to any property brought by you onto the Boat Hire.
7 PRICES
7.1 The prices of the boat hire are detailed in your booking confirmation. The prices shown are correct when going to press, and we make every effort to ensure they are accurate. Please note that the price may change due to suppliers of services or other relevant matters pertaining to your boat hire, which may be out of our control. We will advise you of any increase in charges payable, which must be paid in full prior to the boat hire commencement date if you opt for a package deal, including an optional extra product or external staffing source.
8 BEHAVIOURS
8.1 You must adhere to the current boating laws of the waterways in Qld. Ignorance is no excuse.
8.2 We support the responsible service and consumption of alcohol laws. Licensing laws prohibit the service of alcohol to underage and unduly intoxicated persons. The management of any outside suppliers, such as optional extra wait staff, have the right to refuse service to you and your group if you display sexually inappropriate behaviour, physically touch staff, offer sexually charged verbal advances, and disorderly, aggressive, abusive, anti-social or intoxicated behaviour. Refusal to provide a service is at the sole discretion of the management of the third-party suppliers. No refunds will be given by the third-party supplier or us. Termination of your contract will be immediate, and all guests will return to the dock. Police assistance will be called if required to press charges against a guest for sexual or physical assault on any staff member or guest. No refund will be provided, and further legal action may be taken against the responsible person/s by Party Cruise Boat Hire, third-party vendors, and the staff member/s involved.
8.3 The booking is for boat hire arrangements only. Consumption of alcohol is at your own risk, and we urge all participants to drink responsibly. We do not accept any responsibility or liability for participants who drink excessively, resulting in damages, ill health, injury, or death.
8.4 We accept no liability for any accident or misadventure to any guests while any of your group is under the influence of alcohol or illicit substances smuggled onboard or taken before boarding.
8.5 Despite being aware of the likely intent of some groups to drink alcohol, you are expected to respect your environment and all other people, property, and watercraft around you. Party Cruises Boat Hire has every right to terminate, without notice, your boat hire under threat of vandalism, violence or any other behaviour deemed inappropriate by us.
9 CLOTHING
9.1 We strongly advise that you dress appropriately to get protection from the sun and wind and wear clothing that dries quickly. We advise wearing sunscreen, hats and long sleeve shirts with an appropriate SPF factor and water resistance. We do not insist on wearing deck shoes on our hire boats but veto high heels. Choose flat footwear suitable for easily maintaining balance while on undulating surfaces such as water. Alcohol, heels, and waves do not make for a good time on the water when combined.
10 COMPLAINTS
10.1 If you have a complaint regarding any aspect of the Party Cruises Boat Hire arrangements, please contact us to let us know of your complaint before taking any other action. We will endeavour to negotiate a mutually agreeable solution where one can be brokered.
10.2 If you do not inform us within 48 hours of the complaint occurring, we will not be responsible for any issues arising from the complaint.
10.3 If the complaint has not been dealt with to your satisfaction before the conclusion of the Boat Hire, then you must make a complaint to us no less than seven days after your return from the Boat Hire.
11 NO AGENT
11.1 We are not agents or representatives of any third-party suppliers used during the Boat Hire. We accept no liability for any accident or misadventure that occurs while any of your group is under the influence of alcohol or illicit substances.
11.2 You acknowledge that we are a boat hire business independent of any third-party suppliers you visit during the boat hire.
12 AMENDMENTS TO TERMS AND CONDITIONS
12.1 We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on our website. Your continuation with the booking will represent your agreement to be bound by the terms and conditions as amended.
13 ENTIRE AGREEMENT
13.1 These terms and conditions constitute the entire agreement between the parties concerning the subject matter of this document and supersedes all prior negotiations, contracts, arrangements, understandings, and agreements with respect to that subject matter unless specifically noted in an annex to this document and signed by both parties.
14 LAW
14.1 This document is governed by and constructed under the laws of the State of Queensland in Australia.
14.2 Any legal action in relation to this document against any party or its property may be brought in any court of competent jurisdiction in Queensland.
14.3 Each party, by executing this document irrevocably, generally and unconditionally, submits to the non-exclusive jurisdiction of any court specified in this provision concerning both itself and its property.
15 REMEDIES
15.1 A party’s rights under this document are cumulative and not exclusive of any rights provided for by state or federal law.
16 SEVERABILITY
16.1 Any provision of this document that is invalid in any jurisdiction is invalid in that jurisdiction to that extent, without invalidating or affecting the remaining provisions of this document or the validity of that provision in any other jurisdiction.
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