BOOKING TERMS & CONDITIONS
Please read the following terms and conditions carefully.
References to “us”, “we” and/or “our” in these booking terms and conditions shall mean Aquilla Fishing Charters (ABN 54 505 508 372), and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
Aquilla Fishing Charters is a supplier of recreational services and activities, including but not limited to charter fishing and boating experiences, and associated activities. The following terms and conditions apply to all charter bookings with Aquilla Fishing Charters, whether you make a booking over the telephone, via email, our online booking facility, or by any other means.
By making a booking you confirm that you have read, understood, accepted and agree to be unconditionally bound to these terms and conditions contained herein.
All prices are shown in Australian Dollars including GST unless otherwise specified. All prices are subject to availability and can be withdrawn or varied without notice. The price is only guaranteed once paid for in full by you. Please note that prices quoted are subject to change. Price changes may occur by reason of matters outside our control which increase the cost of the product or service. Such factors include but are not limited to adverse currency fluctuations, fuel surcharges, taxes and industry market rates.
All Public Holidays incur the regular charter weekend rate.
2. TERMS OF SALE
You, the client, may make an offer to us to purchase our services advertised on our site at the specified price by placing a booking with us by any acceptable means and by making the required payment of a deposit or full fee at the time of booking (including any taxes). You will have been taken to have communicated your offer when all the requirements set out in these terms and conditions have been met. We may, in our sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including a failure to receive payment in full, an error in the advertised price for, or description of, the services on the website, or an error in your booking. If we accept your offer for purchase of our services we will communicate acceptance to you by confirming your reservation on our charter. You agree that you have entered into a contract for the sale and supply of services with Aquilla Fishing Charters when we confirm your reservation with you.
Minimum payment conditions are applied to bookings and we reserve our right to cancel a reservation where the required payment has not been made. In such events, you will forfeit any deposit paid.
We reserve the right to change and/or cancel a reservation at our absolute discretion. Where such cancellation has been deemed necessary due to operational requirements or unforeseen weather conditions, you may nominate to receive a full refund or to schedule a charter for an alternative available date.
3. CHARTER PACKAGES
i. Deep Sea Reef Fishing (Per Person)
You are required to make payment in full at the time of the booking to confirm and secure a place on a charter.
If there is more than one person to a single booking, payment in full is required for each passenger. In making this booking, you are deemed to have the authority to act on behalf of the client or clients that are the subject of the booking. You warrant that we may rely on such authority and further that you will be liable for ensuring such client or clients understand and adhere to these terms and conditions.
Last minute additions to group bookings are also required to pay in full prior to the charter.
ii. Deep Sea Reef Fishing & Bare Boat (Whole Boat)
Deep Sea Reef Fishing & Bare Boat Charters are available for up to 12 passengers. A minimum deposit being 50% of the total service cost must be paid at the time of the booking to confirm and secure your charter. Final payment is required at least 24 hours from the time of departure of the charter. Failure to make a payment in full by the required time will result in our immediate cancellation of the charter reservation and forfeiture of your deposit.
In making this booking, you are deemed to have the authority to act on behalf of the group of clients that are the subject of the booking. You warrant that we may rely on such authority and further that you will be liable for ensuring such clients understand and adhere to these terms and conditions.
4. CHANGE & CANCELLATION POLICY
i. Deep Sea Reef Fishing (Per Person)
All bookings of Deep Sea Reef Fishing (Per Person) Charters are transferable but strictly non-refundable for changes of mind, change of experience to a lesser value or cancellations by you (subject to your rights under Australian Consumer Law). Any changes in dates for charters booked must be made with us at least ten (10) days prior to the charter date of the original booking. You agree that at least ten (10) days notice is a reasonable amount of notice in the circumstances of the services we provide.
All Deep Sea Reef Fishing (Per Person) Charters have a strict policy on a minimum of four (4) passengers for a charter to take place. In the event that the number of passengers requirement is not met, individuals can nominate an alternative date or opt for a minimum charge of four (4) people to proceed.
ii. Deep Sea Reef Fishing & Bare Boat (Whole Boat)
The 50% deposit required to secure a Deep Sea Reef Fishing & Bare Boat Charter is strictly non-refundable for changes of mind, change of experience to a lesser value or cancellations by you (subject to your rights under Australian Consumer Law). Any changes in dates for charters booked must be made with us at least ten (10) days prior to the charter date of the original booking.
5. GIFT VOUCHERS
Gift Vouchers are non-refundable, not redeemable for cash, but are transferable. The Purchaser or Gift Voucher holder must advise us in order to transfer a gift voucher. Gift Vouchers are valid for 3 years from the day of purchase. Failure to show on your scheduled date and time will render your voucher invalid. Gift Vouchers can be redeemed online via www.aquillacharters.com.au or over the phone with us. Gift Vouchers are transferable to other individuals and are valid only for the period indicated thereon.
Once the voucher has been redeemed (i.e. the trip date has been booked), all other terms relating to Change & Cancellation Policy apply, however the value remains non-refundable. Your Gift Voucher is strictly valid until the Expiry Date shown on your Gift Voucher, and you must redeem the voucher on a charter within that period.
Lost or stolen Gift Vouchers are non-refundable and no replacements are available. Where the cost of your charter is greater than the value of your voucher, you will be required to pay the difference. Where the cost of your charter is less than the value of your voucher you will not be entitled to a cash refund.
We recommend that Gift Voucher holders book a charter well in advance of the expiry date. Weekend fishing trips are always popular and may be booked out for a few weeks in advance. It may also take several attempts to redeem your charter due to weather conditions and or insufficient passenger number to enable the boat to go out for the day. Please consider this when making your arrangements.
We have made all reasonable efforts to identify and minimise any risks associated with your experience of our services. You agree to adhere to any rules set by us in connection with our services and failure to comply will result in cancellation or cessation of the charter in which event you will forfeit any payment made. Aquilla Fishing Charters are alleviated from any liability caused by passengers not adhering or conforming to stated recommendations and rules outlined by crew on board the vessel.
i. Minimum age of passengers
Due to occupational health and safety, we prescribe the minimum age of any allowable passenger on a charter to be 8 years old. All minors must be under the control of and accompanied by a parent or legal guardian on the charter, who takes full responsibility for monitoring the minor passenger’s behaviour.
ii. Weather Conditions
We endeavour to operate all charters in safe and appropriate weather conditions. Weather is monitored closely at all times and in the event the conditions are considered to be unsafe, we reserve the right to cancel charters up until the intended departure time. All effort is made to give as much prior notice of cancellation as possible but no liability is accepted for inconvenience or last minute change of charter plans by us. In these events, a full refund or reschedule of the reservation is available.
We recommend passengers to wear comfortable clothing of a lightweight material for most days and occasions. It is also advised to bring along a jumper and /or windproof jacket as the conditions at sea are often harsher than what you will experience at the Harbour. Appropriate covered shoes must be worn at all times during the charter.
iv. Medical Conditions & Seasickness
All passengers must declare any pre-existing medical condition that may affect their day out on the water prior to booking and departure. We recommend that you consult with your local doctor or specialist vaccination clinic before booking your charter. Please notify us for any special arrangements. We reserve our right to refuse a persons attendance on our charter for medical reasons and you agree that this is a reasonable act taken by us to ensure your safety and the safety of our crew.
Aquilla Fishing Charters do not supply seasickness tablets. It is recommended that passengers use seasickness tablets according to doctor's advice and personal needs. In the event a passenger gets seasick, Aquilla Fishing Charters is not obligated to bring any passenger back to the harbour until the charter is completed. The exception is in extreme cases where a passenger or crew member requires immediate medical attention and the decision is made by us to cease operating the charter to ensure the person’s wellbeing. You agree that we are not responsible or obliged to give refunds or offer an alternate charter to any passenger in these circumstances.
Alcohol is permitted on board the vessel but must be brought in moderate amounts. Passengers must be 18 years or over to consume alcohol. It is the responsibility of the passengers to abide by all alcohol consumption rules and to act responsibly when consuming alcohol to avoid any unsafe or anti social behaviour. There may be times when we consider it appropriate to refuse or prohibit passengers to consume alcohol at any time during the charter. You agree that this is our absolute right and refusal by any person on board to adhere to our request will result in an immediate cessation of the operation of the charter.
Alcohol consumption does affect your ability to adapt to the conditions present at sea and we highly recommend you have plenty of food and water available when consuming alcohol.
It is required that all passengers behave in a safe and respectful manner to all staff, other passengers and our property. Any abusive or inappropriate behaviour on board will not be tolerated and could result in removal from the charter. Illegal activity is expressly prohibited and will result in removal from the charter. There are no partial or full refunds or reschedule of charter in such circumstances.
Smoking is not permitted inside the vessel or on the flybridge. Smoking is only allowed on the outside deck, however respect and care for the environment is required. Appropriate ash trays for cigarette butts are provided onboard the vessel.
7. FISHING EQUIPMENT
Aquilla Fishing Charters provide all fishing gear, bait and tackle on all charters. Any loss or damage to our equipment or vessel caused by negligence or unruly behaviour, passenger(s) involved will be liable and responsible for the replacement or repair of the item.
Passengers are welcome to bring their own fishing gear on their charters. Please notify us at the time of the booking.
8. OPERATING TIMES
We are open for business seven (7) days per week of every year, with the exclusion of Christmas Day (25th December) and New Year's Day (1st January). Morning Charters are scheduled from 0600, concluding at either 1200 or 1230, depending on the charter. Afternoon Charters are scheduled from 1400 until dusk, concluding at different times of the year depending on the season.
We require a minimum of four (4) passengers to take a trip out.
The telephone will be manned during business hours, 0900 - 1700, seven (7) days per week.
It is possible for a supplier of recreational services or recreational activities to ask you to agree that statutory guarantees under Schedule 2 to the Competition and Consumer Act 2010 (Cth) do not apply to you (or a person for whom or on whose behalf you are acquiring the services). By making this booking you will be agreeing that your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue Aquilla Fishing Charters in relation to recreational services or recreational activities that you undertake because the services or recreational activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below.
Aquilla Fishing Charters emphasise the risks of personal injury or loss of life, damage to or loss of property that can be sustained on boats.
While we adhere to the strictest of safety procedures in all our operations, there are inherit risks associated with such activities. By making a booking, you acknowledge, agree and understand that we offer recreational services and activities (as defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) and that there may be risks of personal injury, loss of life, damage to or loss of property that can be associated with these activities. You acknowledge that this warning constitutes a ‘risk warning’ in accordance with the relevant legislation including the Civil Liability Act 2002 (NSW) and agree that you have chosen to participate in our services of your own volition. You agree that, to the maximum extent permitted by law, your right to sue for personal injury and death caused by any breach (that does not constitute a reckless breach by us) of statutory consumer guarantees under Schedule 2 of the Competition and Consumer Act 2010 (Cth) are excluded.
You further agree that, without limiting the foregoing, and to the maximum extent permitted by law, in no event will Aquilla Fishing Charters or any of its related bodies corporate, directors, employees, consultants and agents be liable to any person in respect of any claim of any personal injury, loss, damage to property, death, illness, harm or economic loss suffered by you or any other person on a charter, whether consequential, direct or indirect and whether as a result of a breach of statute or statutory duty, in contract, tort (including negligence), equity, or otherwise in connection with your or that person’s participation in our services, or of a third party over whom we have no direct control, force majeure or any other event which is beyond our control or which is not preventable by reasonable diligence on our part.
Under circumstances where our liability cannot be excluded and where liability may be lawfully limited, such liability is limited to the remedies required of us under applicable law (including the Australian Consumer Law). This liability clause is subject to your rights under the Australian Consumer Law and nothing in these terms and conditions is intended to limit any such rights.
You agree to indemnify, defend and hold harmless Aquilla Fishing Charters, its directors, officers, employees, consultants, and agents from any and all third party claims, liabilities, damages and/or costs (including but not limited to) legal fees, arising from your use of our services or your breach of the terms and conditions.
11. PHOTO & VIDEO DISCLAIMER
As a condition of your booking with Aquilla Fishing Charters, we reserve the right to use any photograph/video taken on any charter supplied by us, otherwise advised, without the expressed written permission of those included within the photograph/video. You consent to us using your name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by Aquilla Fishing Charters. We may use the photograph/video in publications or other media material produced, used or contracted by Aquilla Fishing Charters including but not limited to: brochures, invitations, books, newspapers, magazines, television, websites, etc. It is your responsibility to direct any request to opt out, access, update or correct information to Aquilla Fishing Charters.
To ensure the privacy of individuals and children, images will not be identified using full names or personal identifying information without verbal/written approval from the parent or legal guardian.
12. ACCURACY OF TERMS & CONDITIONS
The information provided in this website is provided in good faith and on an as is basis. We reserve the right to amend these terms and conditions at any time by making changes to this page without notice. Any amended terms and conditions will supersede all previous versions or iterations we may have made available on this page and which you may have stored in your cache.