Sunreef Terms and Conditions: Private Charters

Sunreef Terms and Conditions: Private Charters

Please read the following terms and conditions prior to booking your Private Charter.

 Private Charter Bookings
Bookings

Upon booking the Charterer acknowledges all Terms and Conditions. Your booking is considered confirmed when the deposit is received.

Final number of guests, cruise times, catering selections, entertainment requirements and balance of payment are all to be finalised within fourteen (14) business days prior to the event date. Additions to the final numbers may be accepted up to five (5) days prior to the event date, must be paid for in full at the time of notification. No refunds will be distributed if actual numbers of guests are lower than the final numbers given at time of payment.

Payments

A 50% deposit payment is required within 5 working days of receiving a Booking Form from Whale One, to secure your booking. If a deposit payment is not received within the given period, the company reserves the right to allocate the vessel to another client. The vessel hirer is required to sign the Booking Form, specifying cruise details and conditions and return with your holding deposit.

Special arrangements may be made when discussing the conditions with our Booking Office Team. All charter quotes are in Australian Dollars (AUD) and will indicate the cost of the various charter components, including the cruising tariff, catering, beverages and entertainment, where applicable. Australian Goods and Services Tax (GST) will be applied to the sub-total of all the cost components and the total quote will include GST.

No refund is given if the actual number of guests is less than the minimum guaranteed passengers or the final number of guests advised to us by vessel hirer 5 days prior to the function.

Payments are accepted through Electronic Bank Transfer or credit card (Visa and Mastercard). Full payment to be made fourteen (14) business days prior to event date.

CANCELLATION POLICY

More than 30 days prior to event date: Deposit will be refunded.
Between 30 – 14 days prior to event date: Loss of deposit.
Less than 14 days prior to event date: Loss of deposit plus $200 cancellation fee.

Should Sunreef cancel a booked trip for any reason, the Charterer will be offered to undertake the same trip on another date. If no suitable alternate date can be arranged, then Sunreef will provide a full refund.

Sunreef reserves the right at any time to cancel any cruise. If, in the opinion of the skipper, the voyage cannot be continued for any reason, then the skipper may terminate the cruise at any time. 

Sunreef is not a common carrier and reserves the right to refuse to carry any passenger, baggage or goods without assigning any reason. Therefore passengers shall comply with the Navigation Act 1912 (as amended 1079) and all regulations, orders or instructions given by the skipper.

Sunreef reserves the right to amend vessels, menu, entertainment or any other aspect of your Private Charter where necessary and without notice. Private Charters may be cancelled or have schedule changes (with or without notice) for a variety of reasons, including, but not limited to bad weather condition and technical disruptions. We will not be responsible for paying costs or expenses you may incur as a result of change of time or cancellation.

Although it us highly unlikely in the river, if you or any of your guests find yourselves dealing with seasickness, our crew will look after you and ensure you are comfortable and safe. However, as this is not something in our control, we will not issue any rebookings or refunds for being seasick. 

Boarding time

The boarding period usually takes 30 minutes, and you will be greeted by a staff member who will take your boarding pass and welcome you to the boat. Delays in our cruise departure for any late arrivals will be taken off of the total cruise time. Please ensure you and your guests allow enough time for travel and parking at Mooloolaba Wharf.

Guests must check in to Sunreef Mooloolaba before boarding to receive a boarding pass.

No-shows

Failure to turn up for your Private Charter on the agreed date attracts a 100% cancellation fee. NO REFUNDS.

DURATION OF THE CHARTER

Embarkation and disembarkation take place at the Mooloolaba Wharf, 123 Parkyn Parade. The duration of the Charter includes the time taken to embark and disembark guests of the Charterer’s group.

Sunreef is not responsible for any delays caused by the late arrival of guests of the Charterer’s group or delays at the wharf caused by crowds, the arrival of other vessels or any other item beyond the vessel’s
control. If disembarking guests takes longer than 20 minutes beyond the scheduled end of the Charter, the Charterer will be charged for this time pro rata (30 minutes extension) to the vessel hire rate.

The skipper reserves the right to choose the course of sail during the event.

SUITABILITY OF THE VESSEL

It is the responsibility of the Charterer to inspect the vessel prior to the Charter to determine the vessel’s suitability. The Charterer represents and warrants to Sunreef that the Charterer is satisfied with the vessel and the standard of services offered by Sunreef to be provided in respect of the Charter.

DECORATIONS

All decorations and/or additional set up prior to departure must be prearranged. Decorations must be
placed so no damage results to the vessel; no pins or adhesive tape. No confetti and balloons are discouraged.

The Skipper and Sunreef Management

The Skipper (Master) has total discretion as to the operation of the vessel including passenger loading, vessel route, event timing, carriage of goods, serving of alcohol, acceptable conduct of passengers, and the disembarkation of any ill-behaved guests.

In the event of a passenger being required not to embark or to disembark from the vessel under the provisions of this condition, Sunreef, nor the skipper shall be under any liability to such passenger of any kind whatsoever.

The Skipper and Sunreef shall not be responsible for any injury to person or damage to property arising out of any cruise.

Sunreef shall not be responsible for any damage or loss occasioned.

Sunreef reserves the right without notice to substitute any vessel.

Responsible Service of Alcohol

If you expect to be served alcohol we will require a valid photo ID prior to boarding. A photo image of ID is not permitted. Alcohol may not be carried from the vessel on disembarkation.

Whale One is a licensed venue and does not allow BYO. Staff reserve the right to refuse entry onto the vessel, the service/supply of alcohol to any unduly intoxicated, underage or disorderly guests.

If deemed necessary, the Skipper may elect to dock the vessel and remove the guest and notify police. Rowdy or unruly behaviour will not be tolerated. The Operator and the vessel have a “Responsible Service of Alcohol Policy” that applies during the Charter. If behaviour falls outside the guidelines of this policy then Sunreef may, in conjunction with the Skipper, do any of the following:

  • Terminate the Charter by berthing the vessel at the nearest safe location and disembarking the passengers.
  • Summon the Police to remove offending passengers
  • Negotiate with the Charterer to agree on some other course of action to resolve the issue.

Any costs associated with the early termination of the Charter due to unruly or rowdy behaviour must be paid by the Charterer.

Not Permitted

There is strictly NO SMOKING on board any of our vessels.

Passengers shall not carry any alcoholic liquor, matches (other than safety matches), explosives, volatile spirit or other goods of a dangerous, inflammable or offensive nature.

Dress Code

Dress appropriate for the weather; there are open air, protected and enclosed areas available, but no air conditioning. Due to safety regulations, the footwear dress code exclusions are as follows:

  • No thongs/flip flops
  • No stiletto heels
Guest behaviour

Good behaviour is expected. Any passengers doing the following will be reported to the Australian Maritime Safety Authority (AMSA) and/or Queensland Police Service (QPS):

  • Use of illegal drugs
  • Swinging from the handrails
  • Jumping off the vessel
  • Urinating off the side of the vessel
  • Throwing debris from the vessel
  • Yelling at patrons on docks and houses
  • Fighting or aggressive arguments

Actions of this sort may be recorded as a Marine Incident with persons liable for on the spot fines of up to $2200.

Safety And Security

Our vessels are equipped to safely carry passengers. Please listen closely to the safety briefing prior to departure. If you have any questions, ask a crew member. All passengers are carried at their own risk, Sunreef does not accept responsibility or liability for any injury suffered whilst boarding, aboard, or disembarking from its vessel. Operation of the vessel and any of its equipment is restricted to the Skipper and Crew of Sunreef.

Skipper: The Skipper (Master) has total discretion as to the operation of the vessel including passenger
loading, vessel route, event timing, carriage of goods, serving of alcohol, acceptable conduct of
passengers, and the disembarkation of any ill-behaved guests.

Security may be on board. The vessel is monitored by CCTV. Security will enforce all listed terms and conditions and reserve the right refuse entry or to remove unruly guest from the vessel. Illegal actions will incur Queensland Police attention.

Disability and Mobility

Unfortunately, due to AMSA Safety Regulations, Sunreef vessels are not wheelchair accessible.

Prams

Pram space may be limited. Please advise us upon booking regarding the need for pram space.

CHARTER COURSE

The course to be undertaken during the Charter may be agreed in advance with Sunreef or with the Skipper. Sunreef reserves the right, at its sole discretion or that of the Skipper, to vary the agreed course because of weather, wave height, traffic, vessel survey restrictions, or any other cause which Sunreef or the Skipper believes is justified in the interests of the comfort or safety of passengers, crew, the vessel and other vessels.

SUBSTITUTION OF VESSEL

Sunreef may substitute another vessel for the specified vessel in the case of any unforeseen circumstances (including mechanical breakdown). In such cases, Sunreef has no liability to the Charterer for such substitution provided that the substituted vessel satisfactorily meets the Charter particulars and provides the level of services as originally agreed.

LIABILITY

A security deposit of $500.00 will be included in the Private Charter contract. The Charterer is liable for any damage to the vessel, equipment or furnishings caused by the Charterer or guests of Charterer’s group. Damage to the vessel will be charged at cost of repair, a copy of the invoice from our chosen repairer will be provided.

No damage = full refund of deposit.

Sunreef Mooloolaba accepts no responsibility for loss or damage to goods brought on board and/or left on the vessel, before, during or after the event.

LIMIT OF LIABILITY

To the extent permissible by law, Sunreef Mooloolaba is not responsible in sort, contract or otherwise for any loss or damage arising out of injury or death sustained by the Charterer or any guest of the Charterer’s group, howsoever arising and whether arising as a result of the Operator’s negligence or failure to render due care.

The Charterer enters into this Charter Agreement at its own risk.

If, however any guarantees, terms, conditions or warranties are implied into this Charter Agreement by any law of the Commonwealth of Queensland, the exclusion of which would contravene that law or cause part or all this clause to be void, then to the extent permissible by law.

The law of Queensland governs this agreement and the parties agree to submit to the jurisdiction of the courts of Queensland in respect of any dispute arising between them. Sunreef Mooloolaba has no liability for failing to perform its obligation under this terms and conditions due to any industrial action, unsuitable weather conditions, mechanical or technical breakdowns or other events beyond its reasonable control.

The Charterer agrees to indemnity and hold Sunreef Mooloolaba harmless, it’s agents and employees from and against any and all losses, claims, actions, expenses, fees, damages, fines and liabilities (including reasonable legal fees) arising from the Charter or caused by any negligent act or omission by the Charterer or guests of the Charterer’s group.

INDEMNITY

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

FORCE MAJURE

Sunreef has no liability for failing to perform its obligations under this terms and conditions due to any industrial action, unsuitable weather conditions,  mechanical or technical breakdowns or other events beyond Sunreef’s reasonable control.

JURISDICTIONS AND CHOICE OF LAW

The law of Queensland governs this agreement and the parties agree to submit to the jurisdiction of the courts of New South Wales in respect of any dispute arising between them.

Parking

The Wharf complex has all day parking available, however please keep in mind especially if you are on an 11:30 am or later trip that parking can sometimes get very busy. Please give yourself at least 15-20 minutes for parking. We recommend that you park your vehicle in the Sea Life (Underwater World) car park at The Wharf Mooloolaba, 123 Parkyn Parade. You can find a parking map of The Wharf Mooloolaba here.

Sunreef Terms and Conditions Continued…

If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern sunreef.com.au’s relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these Terms and Conditions, “Us”, “Our” and “We” refers to Sunreef and our website sunreef.com.au, while, “You” and “Your” refers to you, the client, visitor, website user or person using our website.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavor to highlight any significant or substantive changes to you where possible. If you choose to use our website, then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Sunreef’s rights and obligations to each other.

LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website that you agree and accept that Sunreef is not legally responsible for any loss or damage you might suffer related to your use of our website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Sunreef’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

DELIVERY OF GOODS

Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of whaleone.com.au.

Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.

LINKS TO OTHER WEBSITES

Sunreef may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between whaleone.com.au and the owners of those websites. whaleone.com.au takes no responsibility for any of the content found on the linked websites.

Sunreef’s website may contain information or advertisements provided by third parties for which Sunreef accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

DISCLAIMER

To the fullest extent permitted by law, Sunreef.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Sunreef.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavor to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of Sunreef.com.au to bear any entire costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

YOUR PRIVACY

At Sunreef, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. whaleone.com.au respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. whaleone.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data whaleone.com.au collects are secured against unauthorised use or access. Credit card information is not stored by us on our servers.

THIRD PARTIES

Sunreef does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.

DISCLOSE YOUR INFORMATION

Sunreef may be required, in certain circumstances, to disclose information in good faith and where Sunreef is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Sunreef. Sunreef expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party.

If you breach this term, then Sunreef will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. whaleone.com.au reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular, you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

Sunreef expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and Sunreef concerning your use and access to Sunreef’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

JURISDICTION

This agreement and this website are subject to the laws of Queensland and Australia. If there is a dispute between you and Sunreef that results in litigation, then you must submit to the jurisdiction of the courts of Queensland.

Gift Vouchers 

Sunreef gift vouchers may also be called gift cards or gift certificates. All Sunreef gift vouchers are non-refundable. Sunreef gift vouchers do not expire. Gift vouchers cannot be redeemed for cash. All vouchers are kept under the customers name so if the gift card/voucher is lost it is still available. The voucher can be transferred to another person or used for any goods and/or services at Sunreef.

All charter and course cancellation policies apply as usual. Although they may say are for a specific item or service provided by Sunreef, all Sunreef gift vouchers are just worth that dollar value and can be used for any other goods/service provided by Sunreef. As such, if a product price has changed and if the owner wants to use it for the assigned product, they will have to pay the difference.

    Privacy Policy

    References to this Private Policy Statement to “we”, “us” and “Sunreef” are to “Hart Corporation” (Trading as Sunreef). At Sunreef we are committed to maintaining your privacy. Our privacy policy statement is given below. If we make changes to this policy, we will notify you by updating this statement on our website.

    This statement discloses the privacy practises for the entire Sunreef Scuba Diving website (www.sunreef.com.au). Questions regarding this statement should be directed, via e-mail, to info@sunreef.com.au.

    1. What we do

    1.1 We collect personally identifiable information about our users. Our goal in collecting personal information online is to provide you with the most useful and helpful web experience possible. By knowing your preferences, we will be able to deliver information that meets your needs and gives you special access privileges. Through online forms, we collect:

    • Name and Surname
    • Age for competitions, prize draws and newsletter sign-ups
    • Postal address
    • Telephone and Facsimile numbers
    • Email address
    • IP address (for systems administration and troubleshooting)
    • Demographic information (for user profiling in aggregate form)

    1.2 When a purchase is made on our site, in addition to the above, we also ask for delivery address, and payment method details. We may obtain information about your usage of our website to help us develop and improve it further through online surveys and other requests.

    1.3 We use this information for the following purposes:

    • To perform statistical analyses measuring relative interest in the various areas of our site
    • To send email or conventional mail to you about our products and service
    • To recognise user access privileges

    1.4 If customers share their product knowledge and recommendations with other users via the product review functionality, this data will be the sole property of Sunreef and could be used in any manner deemed appropriate by Sunreef. This disclaimer relates to product information only.

    2. Unsubscribe

    Upon request, we will remove any subscriber (and his or her personal information) from our mailing lists. Any such request should be sent via email to info@sunreef.com.au. We also have an “Unsubscribe” link at the bottom of all our Newsletter emails.

    4. Cookies

    4.1 Cookies are pieces of information that a website can transfer to an individual’s computer. We only use session-based cookies to gather anonymous website usage data to help us improve the structure and functionality of sunreef.com.au. You can change your web browser settings to reject cookies or to prompt you each time a website wishes to add a cookie to your browser. Some functionality on the website may be affected by this.

    4.2 Cookies are used to collect non-personally identifiable information, including but not limited to browser type, version and language, operating system, pages viewed while browsing the Site, page access times and referring website address. This collected information is used solely internally for the purpose of gauging visitor traffic, trends and delivering personalised content to you while you are at this Site.

    4.3 We will not attempt to identify users or their browsing activities. However, there are some circumstances when we may need to disclose information that may be used to identify users to law enforcement authorities:

    • Where a law enforcement agency executes a warrant to inspect our records
    • In the event of unlawful activity, e.g., if malicious attacks or threats of violence are made on the sunreef.com.au website or its related services.

    5. Accessing your personal information

    You have a right to access your personal information, subject to exceptions allowed by law. If you would like to do so, please let us know. You may be required to put your request in writing for security reasons. Sunreef reserves the right to charge a fee for searching for, and providing access to, your information on a per request basis.

    6. Security capabilities

    6.1 When purchasing from Sunreef your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology.128-bit SSL encryption is the industry standard.

    6.2 Sunreef uses physical and electronic security measures to ensure personal information is not misused, lost, changed or stolen. These include restrictions on physical access, secure databases or electronic firewalls.

    7. Disclaimer

    7.1 Sunreef is not responsible for the content or the privacy policies of external websites to which we may link.

    7.2 Whilst all details in this website have been carefully prepared and are believed to be correct, no warranty can be given either expressly or implied by the vendors or their agents. Photographs are for presentation purposes and are indicative only. They should not be relied upon as an accurate representation of the final product. Specifications and prices may change at any time.