Terms and conditions

Terms and Conditions for Boatique Sydney Boat Hire

1. Acceptance of Terms By accessing and using the Boatique Sydney Boat Hire website (hereafter referred to as “the Site”), you agree to comply with and be bound by these Terms and Conditions. If you do not agree to these terms, please do not use the Site.
2. Services Provided 2.1 Boatique Sydney Boat Hire is a boat charter platform connecting boat owners, including our own fleet, with potential charterers. We offer a curated selection of boats, some of which we own and operate, while others are managed by our trusted partners. 2.2 We provide booking services, customer support, and act as an intermediary between boat owners and charterers. 2.3 The actual charter service is provided either by Boatique Sydney Boat Hire or by our partner boat owners, as specified in each listing
3. User Responsibilities 3.1 Users must provide accurate, current, and complete information during the registration process and keep their account information updated. 3.2 Users are responsible for maintaining the confidentiality of their account and password. 3.3 Users agree to notify us immediately of any unauthorized use of their account. 3.4 Users must be at least 18 years old to use our services. 3.5 Users agree to comply with all applicable laws and regulations while using our services.
4. Booking and Payment 4.1 All bookings are subject to availability and confirmation. 4.2 Prices listed on the Site are in Australian Dollars and are subject to change without notice. 4.3 Payment is required at the time of booking to secure the reservation. 4.4 We use secure third-party payment processors. By making a payment, you agree to their terms of service. 4.5 Additional fees such as fuel costs, catering, or special requests may apply and will be clearly communicated before booking confirmation.
5. Cancellation and Refund Policy 5.1 A postponement is treated as a cancellation. Moving your charter to another date releases the vessel we were holding for you, so the same terms apply as if you had cancelled. You are welcome to make a new booking for the new date. 5.2 Cancellations made more than 60 days before the charter date: your deposit will be refunded less a management fee, but only if we secure a replacement booking for the same vessel, date and time at equivalent value. If we do not secure a replacement booking, your deposit is not refundable. The management fee is $500 or 15% of the charter fee, whichever is the lesser. 5.3 Cancellations made between 60 and 30 days before the charter date: the deposit is not refundable. 5.4 Cancellations made between 30 and 14 days before the charter date: monies paid are not refundable. We will give consideration to any food, staffing and vessel costs that have not yet been incurred. 5.5 Cancellations made less than 14 days before the charter date: monies paid are not refundable. 5.6 In plain terms: because the deposit is 50% and the balance falls due 14 days before the charter, cancelling before the 14-day mark generally costs you the deposit, and cancelling inside 14 days costs the full charter fee. 5.7 Catering, beverage packages and third-party services are ordered on your behalf and are subject to each supplier’s own lead times and minimum spends. If you cancel or postpone and we are unable to cancel these items in time to avoid the cost, you remain liable for them in addition to any amount payable under this section. We will always try to reduce committed costs and we pass on any saving we achieve. 5.8 Some vessels have cancellation or weather terms that are stricter than this section. Where that applies to your vessel, those terms are set out in full on your invoice before you pay, and they replace this section for your booking. If your invoice contains no vessel-specific terms, this section applies in full. 5.9 A security bond may be required for your charter. Where one applies, the amount is set out on your invoice. Bonds are usually taken as a pre-authorisation on a credit card shortly before the charter and released afterwards. 5.10 Reschedules may be made in cases of severe weather or unforeseen circumstances that make it unsafe to proceed with the charter. That decision rests with the Master of the vessel and is final. Rain alone is not grounds for cancellation or postponement. 5.11 All refunds will be processed within 10 business days of approval. For remaining balances that are due 14 days prior to departure: card payments for the final balance incur a 2% fee; bank transfers are fee-free. 5.12 Nothing in these Terms and Conditions excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified.
6. Liability and Insurance 6.1 Boatique Sydney Boat Hire is not liable for any injury, loss, or damage incurred during charters, except where caused by our gross negligence. 6.2 Users agree to indemnify and hold harmless Boatique Sydney Boat Hire from any claims resulting from their use of the service. 6.3 All boats listed on our platform are required to have appropriate insurance coverage. 6.4 Charterers may be required to provide proof of insurance or purchase additional coverage for certain types of charters.
7. User Conduct 7.1 Users agree not to use the Site for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Site. 7.2 Users must comply with all safety instructions and regulations while on board. 7.3 Users are responsible for any damage caused to the boat due to their negligence or misuse.
8. Intellectual Property 8.1 All content on the Site, including text, graphics, logos, and images, is the property of Boatique Sydney Boat Hire and protected by copyright laws. 8.2 Users may not reproduce, distribute, or create derivative works from this content without express written consent from Boatique Sydney Boat Hire.
9. Privacy Policy Use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms and Conditions by reference.
10. Modifications to the Service and Prices 10.1 Boatique Sydney Boat Hire reserves the right to modify or discontinue the service (or any part thereof) without notice at any time. 10.2 We reserve the right to change our prices and fees at any time. Any price changes will not affect existing confirmed bookings.
11. Dispute Resolution 11.1 Any disputes arising from the use of our services shall first attempt to be resolved through good-faith negotiations. 11.2 If negotiations fail, disputes will be subject to binding arbitration in Sydney, New South Wales.
12. Governing Law These Terms and Conditions are governed by and construed in accordance with the laws of New South Wales, Australia.
13. Servability If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
    
14. Contact Information For any questions regarding these Terms and Conditions, please contact us.
15. Booking Confirmation and Availability
16. All boat hire bookings made through the Boatique Sydney Boat Hire website are considered requests and are subject to final confirmation.
17. The availability of our boats and specific dates/times is managed in real-time across multiple booking platforms. While our online system and representatives aim for the highest accuracy, the availability shown or communicated at the point of inquiry or booking request submission is indicative and does not constitute a final, guaranteed booking confirmation.
18. . Your booking will be formally confirmed only upon completion of our internal verification process and your receipt of a dedicated confirmation email or communication directly from Boatique Sydney Boat Hire.
19. In the rare instance that a double-booking occurs or the requested boat becomes unavailable before we can issue your final confirmation (e.g., due to a simultaneous booking through another channel), we will notify you as soon as possible, and in any event within 48 hours of receiving your initial booking request or payment.
20. 1.5. If, as per Clause 19, we are unable to fulfill your reservation with the selected boat and time, you will be offered the choice of selecting an alternative available boat or time that is acceptable to you, or receiving a full and unconditional refund of any and all monies you have paid to us for that specific booking.