TERMS & CONDITIONS

Proudly Australian Family Owned & Operated

Sydney Harbour NYE Cruises provides ticketing services, including the sale and distribution of tickets, as agent for the operators, promoter or person responsible for holding the relevant cruise. In providing these services, Sydney Harbour NYE Cruises owns and operates www.sydneyharbournyecruises.com

Please read these Terms and Conditions carefully before purchasing a ticket or hiring a vessel. By purchasing a ticket or hiring a vessel from the Sydney Harbour NYE Cruises website, you agree to be bound by these Terms and Conditions.

These Terms and Conditions relate both to the sale of tickets and attendance at events. These Terms and Conditions apply to both the original purchaser and any subsequent ticket-holders.

When you purchase a ticket for a cruise or if you are hiring a vessel from Sydney Harbour NYE Cruises you agree to the following terms. Your group that you bring to a private cruise or ticketed event are your responsibility and they are to be aware of Sydney Harbour NYE Cruises Terms & Conditions. Any persons boarding any of our hired vessels or ticketed events agree to Sydney Harbour Bookings terms and conditions.

 

General Terms and Condition

Sydney Harbour Bookings acts as agent for the operators in the sale of all tickets. As such, except as specified in these Terms and Conditions, all claims in connection with tickets or events are the sole responsibility of the operator and, except to the extent required by law (including the Australian Consumer Law) Sydney Harbour Bookings otherwise has no liability to you.

Additional Operator Terms and Conditions

Each ticket is also sold subject to any additional terms and conditions of the Operator for the particular event. The Operators’s Terms are also available from Sydney Harbour Bookings on request or can be found on the operators website when your vessel name is disclosed by Sydney Harbour Bookings.

 

Investment Terms for Private Bookings

  • 1st Payment. 20% to book the date of the event. Confirmation of vessel availability is given once deposit is PAID.

  • FULL Payment. Full payments must be maid within 3mnths of NYE.

  • If any payments are not cleared within prescribed dates, cancellation rules apply (see cancellations)

  • All credit card transactions incur a surcharge, payable by charterer

  • Once charters are fully paid there no refunds.

  • Full payment of charters, means you agree to all terms and conditions.

  • Private charters for NYE need to be fully paid within 3-6 months of the cruise. 

  • Dates of cruises can't be changed once booked. 

 Method of payment

Initial 50% deposit is to be paid via bank transfer or (Visa/Mastercard accepted.) Please call 0416262805 to discuss.

Either phone payment or bank transfer. Please communicate which options best suits. If transferring please use INVOICE NUMBER ON RECEIPT. Please make sure you allow at least 5 working days for funds to clear.

Prices

We reserve the right to change prices without notice. All prices include Goods and Services Tax (GST) at the current rate of 10% in Australia. 

To cover the banking and administration charges incurred when transacting online - Sydney Harbour NYE Cruises charges a flat rate fee of the purchase price on all credit card transactions. We only accept VISA or MASTERCARD. There is a small fee to the customer for our ticketing gateway setup. 

  • Sydney Harbour NYE Cruises charges a transaction fee to recover the costs it incurs for Visa & MasterCard payments.

  • Sydney Harbour NYE Cruises charges a transaction fee of 30 cents to the client for any ticket purchased through Booking Boss.

 

Cancellations

  • Deposits are non- refundable

  • IF FINAL PAYMENT IS NOT RECEIVED WITHIN 3MONTHS OF THE CRUISE THE INTIAL DEPOSIT WILL BE LOST.

  • After full payment has been made there are no refunds if client cancels. There are no exceptions.

  • Once your date is booked you must proceed. No exceptions.

 

Damage to the Vessel

The Charterer shall indemnify the agency/operator in respect of any loss or damage to the vessel or its equipment or fittings howsoever caused by members of the Charterer’s group, fair wear and team excepted. A Vessel pre charter inspection check list may be required by the Charterer at the discretion of the Operator. Any damages that occur from the hire of the vessel is the responsibility of the charterer and all damages will be paid in full by the charterer.

 

Bond is held from initial booking with a credit card. Please place the same details below on booking form.

Pick Up and Drop Off Locations

We are able to pick up and drop off from most public wharves in Sydney Harbour, subject to availability. 

Responsible Service of Alcohol

We advocate and adhere to the policies set out by the Liquor Licensing Board with particular regard to the refusal of service of alcohol to both intoxicated persons and guests under the age of 18. If children are under 18, they must be accompanied at all times with an adult 18+.

Offending Passengers

The Master may:

  • Terminate the Charter by berthing the vessel at the nearest safe location and discharging all passengers or, at least the offending ones;

  • Summon the Water Police to remove offending passengers;

  • Negotiate with the Charterer to agree on some other course of action to resolve the problem, which course of action must be satisfactory to the Master

Note: If the Charter is terminated early as because of an offending passenger, no money will be refunded to the Charterer.

 

Indemnity

The Charterer agrees to indemnify and hold harmless the Operator, its agents and employees, from and against any and all losses, claims, actions, costs expenses, fees, damages, fines and liabilities (including reasonable legal fees) caused by any negligent act or omission by the Charterer or members of the Charterer’s group.

 

Sydney Harbour NYE Cruises is not liable for any actions of operators or their employees. We are an agent and place you with the best operators Sydney's to offer.

If you would like to complain about any issue please contact us at 0416262805 and we will forward on details of the operator so you can discuss further with them.

Compensation is between the client and the operator of the vessel.

Force Majure

The Operator will be free from liability for failing to preform hereunder due to industrial action, unsuitable weather conditions, technical problems or other events beyond the Operator’s reasonable control.

 

Safety

All passengers must obey all safety directions given by the Master of the vessel, crew and any of our staff. Common safety practices must be observed. Children are only permitted if under the direct supervision of a parent or guardian. We can remove any person from the Vessel if they present a risk of safety or enjoyment of themselves, staff, or other guests.

 

Duration of Charter

  • The duration of the charter includes the time taken to embark and disembark passengers.

  • The Operator is not responsible for any delays caused by the late arrival of passengers or delays at the wharf caused by crowds, the arrival of other vessels or any other item beyond its control. It is similarly not responsible for delays at the point of disembarkation for reasons outside its control.

  • If the Charterer seeks to extend the duration of the Charter, during the Charter, this extension will be at the sole discretion of the Master.

  • Any such agreed extension will be paid for by the Charterer before the end of the Charter by cash or credit card. The amount will be pro rata of the vessel charge. If vessel is packaged, then the hourly fee will be decided by management on the night/day.

 

Charter Course

The course to be undertaken during the Charter may be agreed in advance with the Operator or with the Master on the occasion of the Charter; however, the Operator reserves the right, at its sole discretion or of that of the Master, to vary the agreed course because of weather, traffic or any other cause which the Master believes is justified in the interests of the safety of passengers, crew and other vessels, at the Master’s sole discretion.

Mechanical Issues

Some charters may have the unfortunate circumstance where engine trouble can occur. Although operators keep their vessels in full time maintenance, problems can arise. The course of the cruise may change and if this occurs we can't guarantee the usual course for the cruise will continue.

If a cruise is towed or has to change course then Sydney Harbour NYE Cruises will act on an appropriate refund for the cruise and put you in contact with the operator.  We are not liable for any mechanical failure as we are an agent. Refunds will be issued by the operator.

Security

The Operator may direct additional security requirements above existing security services at your cost as required.

 

External Services and Sub Contractors

The Charterer must supply the Operator full details of any privately arranged external suppliers. Such supplier must provide the Operator copies of their liability insurance policies. The Operator may refuse supply of such services if we assess any risk to our safe operations or reputation.

 

Service Calls

If the Vessel and Equipment malfunction, we will use our best endeavors to reach the Vessel with a service call at the earliest opportunity. If the service call is due to your fault, any cost incurred shall be at your expense. 

 

Complaints

At Sydney Harbour NYE Cruise we represent over 30 charter operators. Unfortunately sometimes we receive complaints about events that we have sold to our clients. It could be because clients have missed the boat or sometimes the food wasn't exactly what they expected. 

Because we are an agency we unfortunately can't control exactly what happens at the event but we make sure getting you there and booking is the easiest process as possible. We advertise as much detail as possible for each event but sometimes the charter operator can make changes to the schedule. We take no responsibility for this.

In our terms and conditions, which everyone agrees to when booking a private or ticketed event, it states that we are not responsible for any changes made to the charter by the operators. See Indemnity and Charter course.

If there is a problem at one of our ticketed events or private charters we will try to put you in touch with the operator where you can talk about what occurred and hopefully things can be worked out.

Sydney Harbour NYE Cruises does not refund for any situation where an operator is at fault. We are an agent and work purely on commission. Our lead up work before the cruise is our service & we endeavour to make this experience the best we can.

TICKETED EVENTS POLICY- TERMS AND CONDITIONS

 

Just like boarding a flight, ticketed events are strict with what can be done. Please see below all terms and conditions. Once our vessel leaves the dock, it CAN"T return to pick up passengers. It is the responsibility of the client to call a Water Taxi to try to board later in the night.

1)       The right of admission is reserved by Sydney Harbour NYE CRUISES OR Operator's management.

2)       The right is reserved to vary, substitute or withdraw advertised programs, artists, venue and seating arrangements as necessary by Sydney Harbour Bookings OR Operator's management.

3)       This ticket is only valid when purchased through an authorized agent of Sydney Harbour Bookings

4)       The right is reserved to refuse admission to a ticket holder who arrives late to a cruise.

5)       Patrons who fail to produce the appropriate ID to enter the cruise may not be allowed to enter the venue and NO refunds will be issued.

6)       All ticket prices have a booking fee payable by the client.

7)       Sydney Harbour NYE Cruises ticketed events booking prices are subject to change.

8)       NO REFUNDS FOR TICKETED EVENT PURCHASES.

9)       NO REFUNDS if you do not show the correct identification and printed paperwork to show when boarding a ticket event. 

10)     NO REFUNDS if you check in for an event and then leave the area/lines and miss the boat. Once checked in you must stay in the designated lines and board in order.

11)      All tickets must be printed out and shown with identification to board tickets events. Failure to do so will result in no admission to the event. NO REFUNDS WILL BE ISSUED

12)       In the event of POLICE or any other governing body who shuts down the cruise after departure, there will be NO REFUNDS.

13)      For security purposes, Photo ID may be required for all hire and ticketed purchases.

14)     In the event that a concert or celebration, such as Australia Day or NYE fireworks are cancelled, due to circumstances beyond  our control, cruises will still go ahead as planned. There will be no refunds on tickets pre-purchased. Our cruise schedule will remain the same.

 

TICKETS PURCHASED ONLINE WITH SUSPECTED FRAUDULENT ACTIVITY.

Sydney Harbour NYE Cruises has the right to refund or return funds for any ticket purchase if we suspect fraudulent activity. The funds that are cleared into our accounts will be immediately returned and the authorities contacted. Emails will be sent and you will be contacted. If details you have entered in when purchasing are incorrect, we have no responsibility if you don't receive cancellation of tickets.

In the event of a REFUND, all banking fees paid by the client through our system are non-refundable. Bank fees are set in line with Australian laws and all payments are not held by Sydney Harbour Bookings. 

Program:

Sydney Harbour NYE Cruises & their Operators reserves the right to change the program at any time. Every effort will be made to ensure a program of equivalent standard.

Charter Course

The course to be undertaken during the Charter may be agreed in advance with the Operator or with the Master on the occasion of the Charter; however, the Operator reserves the right, at its sole discretion or of that of the Master, to vary the agreed course because of weather, traffic or any other cause which the Master believes is justified in the interests of the safety of passengers, crew and other vessels, at the Master’s sole discretion.

Behaviour:

Sydney Harbour NYE Cruises & Operators reserves the right to prohibit entry of any person to their event or clients event, or eject any person from an Sydney Harbour Bookings event based on behaviour deemed inappropriate by staff and/or its agents and others working under its authority.

Cancellation policy:

After payment has been processed there are no REFUNDS. Tickets are not transferable. There are no exceptions to this.

If the manager/captain deems the event to be cancelled because of weather then tickets will be refunded to the client if another booking can’t be made.

Image Release:

In registering for Sydney Harbour NYE Cruises events and private charters, delegates grant permission to Sydney Harbour NYE Cruises, its agents and others working under its authority, to take and to have full and free use of video/photographs containing their image/likeness. It is understood these images may be used for promotional, news, on-line/multimedia, research and/or educational purposes by and for Sydney Harbour NYE Cruises. Delegates agree that they are not entitled to remuneration, residuals, royalties or any other payment from Sydney Harbour NYE Cruises in respect of their image/likeness or its use. Delegates release, discharge, and hold harmless, Sydney Harbour NYE Cruises and its agents from any and all claims, demands or causes of actions that they may hereafter have by reason of anything contained in the photographs or video. Should a delegate not agree to the above image release, they must advise Sydney Harbour NYE Cruises by contacting 0416262805.

 

Variation to Terms and Conditions

Sydney Harbour NYE Cruises may change these Terms and Conditions at any time by uploading them. Changes  will only apply to ticket purchases made after these Terms and Conditions have been updated.

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