Commercial Vessel Charter Agreement

Terms governing commercial vessel charter services

Last Updated: 21 December 2025

Jurisdiction: New South Wales, Australia

This Charter Agreement ("Agreement") is between:

Operator: Wave Australia Charters Pty Ltd (ABN 33 691 021 897) ("Operator", "we", "us", "our"); and
Charterer: the individual or entity making the booking ("Charterer", "you", "your").

By proceeding with a booking, you agree to this Agreement and warrant you have authority to bind any corporate Charterer.

1. PREAMBLE & DEFINITIONS

1.1 The Agreement

This Agreement governs the physical charter, the Vessel, safety, and conduct of all persons on board.

1.2 Relationship to Platform

You may have booked directly at wavii.yachts or via the wavii app/platform. Platform terms may govern account use and payment processing. This Agreement governs the Charter service and on-water operations. If there is an inconsistency relating to safety or Vessel operation, this Agreement prevails.

1.3 The Master

"Master" means the qualified captain/master in command. The Master is our representative and has absolute authority over the Vessel, navigation, safety, guest conduct, route decisions, and whether the Charter proceeds, is altered, or is terminated.

1.4 Guests

"Guests" includes you and all persons who attend, board, or participate under your booking.

1.5 Charter Details

The details of your Charter (date, time, duration, pick-up/drop-off, Vessel, passenger numbers, inclusions, fees, and special conditions) are set out in the booking confirmation and any written variations ("Booking Confirmation").

1.6 Force Majeure

"Force Majeure" means events beyond reasonable control including severe weather warnings, lightning/gale conditions, Harbour Master/authority directions, government orders, emergencies, and sudden mechanical/operational failure that impacts safe operation.

2. BOOKING & PAYMENT

2.1 Confirmation

A booking is confirmed only when:

  1. full payment is received (unless we agree otherwise in writing), and
  2. you receive a Booking Confirmation by email or platform message.

2.2 Fees & Inclusions

Unless otherwise stated, the Charter Fee includes vessel hire, crew wages, and fuel for standard cruising within Sydney Harbour.

2.3 Surcharges & Pass-Through Costs

Surcharges or additional charges may apply, including:

  • public holidays,
  • wharf booking fees (passed on at cost),
  • catering,
  • pick-ups/drop-offs outside standard zones,
  • special requests, permits, security, or authority fees.

We will advise you of relevant charges at booking or as soon as reasonably practicable.

3. PASSENGER NUMBERS, CAPACITY & REFUSAL OF BOARDING

3.1 Maximum Numbers

You must not exceed the Guest number stated in the Booking Confirmation, and in any event you must not exceed the Vessel's certified/legal passenger capacity or operational limits as determined by the Master.

3.2 Boarding Refusal / Cancellation for Overcapacity

If additional persons arrive beyond the confirmed number or legal capacity, we may (at our discretion):

  • refuse boarding to extra persons; and/or
  • delay departure while numbers are reduced; and/or
  • terminate or cancel the Charter for safety/compliance reasons.

Where your group presents in excess of capacity and cannot be promptly rectified, the Charter may be treated as a Charterer cancellation within 14 days (no refunds beyond what clause 4.1 allows), and you may be charged for associated costs.

3.3 Charterer Responsibility

You are responsible for ensuring all Guests comply with this Agreement. You must not invite or allow any person to board contrary to crew instructions.

4. CANCELLATION & RESCHEDULING

4.1 Cancellation by Charterer

Notice is measured from the Charter Date:

  • More than 30 days: refund of the Total Charter Fee less a $25 administration fee and any non-refundable "Service Fees" or "Booking Fees".
  • 15–30 days: 25% of the Total Charter Fee is forfeited; 75% refunded less the $25 administration fee and any non-refundable "Service Fees" or "Booking Fees".
  • 0–14 days: 50% of the Total Charter Fee is forfeited; 50% refunded less the $25 administration fee and any non-refundable "Service Fees" or "Booking Fees".

Non-refundable fees: "Service Fees" / "Booking Fees" are non-refundable unless required by law.

4.2 Rescheduling by Charterer

Rescheduling requests are subject to availability and our approval. We may treat a reschedule as a cancellation and rebooking where:

  • notice is within 14 days,
  • the date/time is peak demand, or
  • third-party costs have been incurred.

Any credit (if offered) must be used by the stated expiry date and is not redeemable for cash unless required by law.

4.3 Cancellation by Operator

We may cancel due to mechanical failure, Force Majeure, or unforeseen unavailability of the Vessel/crew. If we cancel, we will offer (at our option):

  • a substitute vessel of similar standard and capacity; or
  • a full refund of the Charter Fee paid.

We are not liable for consequential losses (travel, accommodation, external suppliers) to the extent permitted by law.

5. WEATHER POLICY & FORCE MAJEURE

5.1 Rain / Cloud

Rain or overcast conditions are not grounds for cancellation.

5.2 Safety Calls

The Charter will proceed unless the Master deems conditions unsafe (including gale conditions, lightning, authority warnings, or unsafe sea state).

5.3 Safety Cancellation Before Departure

If the Master cancels before departure for safety/Force Majeure, we will provide either:

  • a rescheduling credit; or
  • a refund,

as determined by us acting reasonably.

5.4 Early Return / Route Change After Departure

If the Charter is curtailed, rerouted, or terminated after departure due to safety, authority direction, or Force Majeure, no refund is payable unless we agree otherwise in writing.

6. SECURITY BOND, DAMAGE & CLEANING

6.1 Security Bond

A security bond (typically $500 AUD, unless stated otherwise) may apply. Where applicable and disclosed before booking, it will be held as a credit card pre-authorisation.

6.2 Deductions

We may deduct from the bond for:

  • damage to the Vessel, fittings, furnishings, or equipment caused by you/Guests,
  • excessive cleaning required due to you/Guests,
  • unpaid items or fees,
  • overtime fees under clause 6.4,
  • replacement of missing items.

If costs exceed the bond, you must pay the balance within 7 days of invoice.

6.3 Evidence and Itemisation

Where reasonably practicable, we will provide an itemised list of deductions and supporting evidence (e.g., invoices/photos).

6.4 Redelivery & Overtime

The Charter Period includes embarkation and disembarkation. You must disembark at the scheduled time.

If you/Guests delay disembarkation, we may charge an overtime fee calculated pro-rata at double the hourly charter rate, plus any additional wharf/crew costs. You acknowledge this rate reflects the operational disruption, crew time, and scheduling impacts of late redelivery.

7. MASTER'S AUTHORITY & SAFETY COMPLIANCE

7.1 Absolute Authority

You and all Guests must obey all lawful directions of the Master and crew at all times.

7.2 Termination for Safety / Misconduct

Failure to comply with crew directions, unsafe behaviour, aggression, harassment, or interference with vessel operations may result in immediate termination of the Charter without refund, and disembarkation at the nearest safe wharf.

7.3 Interference Prohibited

Guests must not interfere with the helm, engines, controls, navigation equipment, radios, safety equipment, lines, fenders, or crew duties.

8. GUEST CONDUCT RULES

8.1 Drugs (Zero Tolerance)

Possession or use of illegal drugs is strictly prohibited. If drugs are found or reasonably suspected, the Master may immediately return to the nearest safe wharf for disembarkation and notify police. No refund is payable.

8.2 Alcohol (Responsible Service)

We enforce responsible service principles. The Master may refuse service, restrict consumption, or confiscate alcohol where necessary for safety or compliance.

8.3 Prohibited Items

Unless agreed in writing:

  • no smoking or vaping except in areas and times permitted by crew (if any),
  • no red wine,
  • no stiletto or sharp-heeled shoes; shoes may be required to be removed before boarding,
  • no glassware where crew directs otherwise.

8.4 Children

Children must be actively supervised by a responsible adult at all times. The Master may require lifejackets for children or any Guest.

9. SWIMMING & WATER ACTIVITIES (INSURANCE & SAFETY CONTROL)

9.1 Swimming (Master's Discretion; Guests' Own Risk; Insurance-Conditioned)

(a) Swimming may be permitted only at the Master's absolute discretion and only when the Vessel is safely stopped/secured (including at anchor) and engines are managed as directed by the Master.

(b) Strictly at own risk: If the Master permits swimming, each swimmer does so voluntarily and entirely at their own risk. To the maximum extent permitted by law, you and your Guests assume all risks of swimming (including drowning, injury, or illness), and must comply with all crew directions.

(d) Conditions may apply: If swimming is permitted, the Master may impose conditions including (without limitation) mandatory lifejackets, a designated swim zone, time limits, sobriety requirements, and restrictions based on weather, currents, traffic and visibility. The Master may withdraw permission at any time.

9.2 Prohibited In-Water Activities (Strict Prohibition)

Unless we expressly agree in writing before the Charter (and only if the Master confirms it is safe and permitted), the following are strictly prohibited at all times:

  • scuba diving, diving operations, or use of diving equipment;
  • snorkelling or tunnel diving;
  • boom netting;
  • towing of persons or objects on or in the water (e.g., donuts/tubes), water skiing or aquaplaning;
  • towing of persons or objects in the air, including parasailing;
  • use of personal watercraft or similar devices (e.g., jet skis, seabobs) in connection with the Charter.

9.3 No Refund for Restriction

If the Master restricts or prohibits swimming or any activity under this clause for safety, compliance, or insurance reasons, this is not a basis for cancellation or refund.

10. FOOD, DRINK, ALLERGIES & BYO

10.1 Allergies and Dietary Requirements

You must notify us in writing of any allergies/dietary requirements for you or your Guests no later than 72 hours prior to the Charter (or earlier if required by the caterer). If you do not notify us, we cannot guarantee accommodation of allergies.

10.2 Third-Party / BYO Catering

Where you supply food/drink or engage third-party caterers, you are responsible for their safety and legality. To the extent permitted by law, we are not liable for illness/injury arising from food/drink not supplied by us.

10.3 RSA and Safety Controls

Even where alcohol is BYO, the Master may restrict or remove alcohol service for safety/compliance reasons.

11. PERSONAL PROPERTY & VALUABLES

Guests bring personal property at their own risk.

To the extent permitted by law, we are not responsible for loss, theft, or damage to your or your Guests' property (including phones, jewellery, bags), except to the extent the loss is caused by our failure to exercise due care and skill where such liability cannot lawfully be excluded.

12. RISK WARNING & RECREATIONAL SERVICES WAIVER

12.1 General Risk Warning (Boating)

Boating and being on or near water involves inherent risks that can result in property damage, illness, serious injury, or death, including (without limitation) slips/trips/falls, sudden vessel movement, adverse weather, waves/wake, collision, exposure to sun/heat/cold, and emergencies requiring evacuation.

12.2 Swimming / Entering the Water – Specific Risk Warning

If swimming is permitted under clause 9.1, you acknowledge that entering the water and swimming are inherently hazardous activities and may involve additional risks including drowning, injury from vessel movement, propellers/lines, currents/tides, other vessel traffic, marine life, impacts with submerged objects, cold shock, fatigue, and reduced visibility.

If permitted by the Master, each swimmer participates voluntarily and entirely at their own risk, and must follow all directions of the Master and crew (including any lifejacket or designated swim-zone requirements). The Master may withdraw permission at any time.

12.3 Recreational Services – Exclusion/Restriction of Liability (to the extent permitted)

This Charter involves the supply of recreational services. To the maximum extent permitted by law, you agree that we are not liable for death or personal injury suffered by you or any Guest arising from or in connection with the supply of those recreational services, except to the extent caused by our reckless conduct.

12.4 Insurance-Conditioned Activities

You acknowledge that certain activities (including activities involving swimming) may be restricted or prohibited under clause 9 for safety and/or insurance reasons.

If the Master restricts or prohibits any activity on this basis, this is not a basis for cancellation or refund.

12.5 Non-Excludable Rights Preserved

Nothing in this Agreement excludes, restricts, or modifies any right or remedy that cannot lawfully be excluded, restricted, or modified under Australian Consumer Law or any other applicable law.

12.6 Charterer Acknowledgement

You confirm that you have read and understood this clause 12 and you accept it on behalf of yourself and all Guests, and you agree to take reasonable steps to ensure Guests are informed of, and comply with, these risks and rules.

13. INDEMNITY

You indemnify us (and our crew, agents, and contractors) for claims, losses, penalties, and costs (including legal costs) arising from:

  • your or your Guests' breach of this Agreement,
  • unlawful acts or wilful misconduct by you/Guests,
  • damage caused by you/Guests,
  • environmental harm, littering, or regulatory issues caused by you/Guests (including fines), to the extent legally recoverable.

14. POLLUTION & ENVIRONMENTAL COMPLIANCE

14.1 No Discharge

Guests must not discharge rubbish, liquids, food waste, or any pollutant into the water. All waste must be disposed of as directed by crew.

14.2 Costs and Fines

Where a fine, penalty, cleanup cost, or third-party claim arises due to actions of you/Guests, you must reimburse us under clause 13.

15. SUBSTITUTE VESSEL

We may substitute the Vessel with another vessel of similar type, capacity, and standard due to mechanical failure or unforeseen unavailability. If we provide a substitute vessel meeting those criteria, it is deemed full performance of our obligations.

16. PRIVACY & MEDIA

You consent to our collection and use of personal information for booking administration. Unless you opt out in writing before the Charter, you grant permission for non-identifying photos/video captured on board to be used for marketing.

17. GOVERNING LAW

This Agreement is governed by the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of NSW.

18. ACCEPTANCE & CHARTERER ACKNOWLEDGEMENTS

You acknowledge and agree that:

  1. you are responsible for ensuring all Guests understand and comply with this Agreement;
  2. the Master has absolute authority over safety and operation;
  3. any in-water activities require prior written approval and may be prohibited at the Master's discretion;
  4. you have read and accept the risk warning and recreational services waiver to the extent permitted by law.