PRIMETIME CHARTERS RESPONSIBILITY
Primetime Charters will provide appropriately qualified Master/s and Crew for the duration of the Charter.

SUITABILITY OF THE VESSEL
a. It is your responsibility to inspect the vessel prior to the charter to determine Vessel’s suitability.
b. You represent and warrant to us that you are satisfied with the Vessel and the standard of services offered by Primetime Charters to be provided in respect of the Charter.
c. The Vessel is a Domestic Commercial Charter Vessel and as such is regularly surveyed by AMSA accredited marine surveyors to ensure strict accordance to Marine, Vessel Safety to operate, including Risk Assessment of all activities, equipment, processes and chemicals on board.

PASSENGER NUMBERS
a. Primetime Charters will not in any circumstance permit more passenger numbers than what is specified in the vessels Survey.

LIABILITY AND INDEMNITY
You (Client) agree to indemnify and hold harmless us, Primetime Charters Pty Ltd, our 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 you or members of your group including:
• Failure to follow any reasonable direction given by the Master of the Vessel or Crew
• Failure to comply with any of these terms and conditions.
• Failure to comply with any warning sign.
• Unreasonable or unsafe behaviour
• Wilful misuse of the equipment or facilities of the vessel
• Intoxication or the use of prohibited Drugs
• Bringing any weapons including firearms onto the vessel.

GENERAL LIABILITY PROVISIONS
a. The client shall adhere to all the rules and conditions specific to the vessel and abide with all overarching legislative Liquor, Maritime and Common laws always during the charter period.
b. The client must utilise the vessel for the purpose, which is stated on the booking sheet only.
c. Primetime Charters operate on busy waterways and are subject to the risks and perils of cruising on such waterways including loss, damage and injury arising out of or in connection with Tidal, sea state, wind and weather conditions and the navigation of other craft.
d. To the extent permissible by law, Primetime Charters will not be responsible in tort, contract or otherwise for any loss or damage arising out of injury or death sustained by you or any other passenger, howsoever arising and whether or not arising as a result of our negligence or failure to render due care and skill. You enter into this agreement and book and travel on Charters at your own risk. If however any guarantees, terms, conditions or warranties are implied into this agreement by any law of the Commonwealth or Western Australia, the exclusion of which would contravene that law or cause part or all of this clause to be void, then to the extent permissible by law:
i. We exclude all other guarantees, terms, conditions, and warranties: and
ii. Our liability for breach of such guarantee, term, condition, or warranty is limited to the supply of the relevant Charter again or the cost of re-supplying the Charter.
e. It is a condition of these Terms and Conditions that any claim for loss or damage must be notified to us in writing within seven (7) days from the day of the Charter and any court action, suit or proceeding must be brought no later than one (1) year from the same day. If you fail to comply with either of these conditions, we will be forever discharged from all claims, suits, actions and/or proceedings relating to or arising out of or in any way connected with the cruise and we will be discharged from all liability whatsoever, including and liability for negligence.
f. It is a condition of the Charter that the liability of us, Primetime Charters, its servants, agents, employees and subcontractors is agreed to be limited in accordance with the limitation of liabilities and maritime claims act 1989 and that any claim for loss or damage must be notified in writing within 7 days from the day of the charter and any court action, suit or proceeding must be within 1 year of that date.
g. Primetime Charters accept no responsibility for loss or damage to goods brought on board and or left on the Vessel prior to, during and after the charter including clothing or personal belongings/items.
h. You (Client) is responsible for the conduct of your group, at all times.
i. There are inherent risks and dangers on board any vessel. All passengers participate in the Charter entirely at their own risk.

GENERAL
The client is responsible for any additional charges relating to the condition of the boat if damages arise from patron neglect, or behaviour.
Patrons wearing shoes with heels or marking soles may be required to remove them prior to boarding the vessel and throughout the charter.
The client is responsible for the removal of any beverages or food left over at the end of the charter. Primetime Charters is unable to store food or beverages on the vessel.
Primetime Charters should be informed of any special consideration regarding dietary requirements or medical conditions that may affect the charter, at the time of the deposit.

DURATION OF CHARTER
a. The duration of the Charter includes the time taken to embark and disembark members of your group. This is limited to one point of embarkation and one point of disembarkation unless otherwise agreed in writing.
b. Primetime Charters is not responsible for any delays caused by the late arrival of members of your group or delays at the jetties/wharf caused by crowds, the arrival of other vessels, ferries, or any other item beyond the control of Primetime Charters.
c. All guests have 15 minutes to board and 15 minutes to disembark from the times stated in the booking confirmation.
d. If the time taken for disembarking passengers takes longer than 20 minutes beyond the scheduled end of Charter, you will be charged for this time pro rata to the vessel’s hourly rate.
e. Please note: Charter vessels are only permitted to be alongside the public Jetties for a maximum of 15 minutes. Should you guests not arrive in time, Primetime Charters takes no responsibility for having to vacate a Jetty to allow other vessels to berth, while waiting for your guests.

BOOKINGS AND FEES
All prices are inclusive of GST.
Placeholder Booking
‘Placeholders’ indicate the intent to Confirm a date for charter. Primetime Charters do not guarantee the booking nor the date of charter until such time as full payment is made.
Placeholder Bookings may be held for up to 1 week pending payment of deposit or until another party books and pays for the vessel, whichever is sooner.
Confirmed Booking
a. Bookings are only considered ‘confirmed’ on receipt of the deposit being paid and acceptance of these terms and conditions.
b. Primetime Charters do not guarantee your booking nor the date of charter until full payment is receipted.
c. Full payment must be received no later than 7 days prior to the charter date. Failure to do so – Primetime Charters does not guarantee your booking nor the date of charter and will result in a forfeit of any deposit paid
Bond
a. The Client is liable for any loss or damage to the vessel, equipment or furnishings caused by you or any member of your group.
b. A refundable security bond is required to be paid at the time of confirming and paying for the Charter.
c. Any damage to the vessel will be reported to you at the earliest point in time verbally, with a written report and indicative costs to follow shortly thereafter. During this time reimbursement of the bond will be withheld.
d. Primetime charters decision regarding the cost of any rectification works is final.
Deposit
a. Once a deposit is received your booking is confirmed. Please note that final full payment must be made 7 working days prior to your charter date.

ALCOHOL, SMOKING AND OTHER DRUGS
SMOKING
a. Smoking of Cigarettes, E Cigarettes, Cigars and Vapes etc. is only allowed in the designated area. The Master has the right to restrict access to the designated area throughout the Charter if deemed unsafe for passengers and/or vessel.
b. Smoking of any substance, including Vaping, E Cigarettes is prohibited every where else on board the vessel including all indoor areas. Failure to comply with this can result in a forfeit of the bond and may include termination of the Charter. (See Termination)
ALCOHOL
Bottle/s of spirits, liquors are not permitted onboard the vessel.
a. Primetime Charters will review any requests to deviate from condition 2 A on a case-by-case basis but reserve the right to adhere and enforce 2 A.
b. Primetime Charters will not be held responsible for; incorrect delivery of Client’s drinks, Intoxication, drinks that remain left over, inadequate refrigeration of drinks.
c. The drinking or pouring of red wine in the saloon/cabin areas of the vessel is prohibited.
d. Primetime Charters does not hold a liquor licence and as such the Crew will not ‘serve’ alcoholic beverages.
e. Primetime Charters follow the regulations and guidelines for responsible drinking as set by the Department of Racing Gaming and Liquor (RGL). The hirer of the vessel accepts full responsibility for getting any and all licenses required by RGL for the consumption or sale of alcohol on the vessel. Primetime Charters cannot be held liable for any RGL licenses that are required by law for the event.
f. No shooter drinks allowed
g. Ensure sufficient water and soft drink is available
h. Provide a reasonable percentage of mid strength and lower strength alcohol
i. Primetime Charters and the Crew of the vessel will adhere to the ‘responsible service of alcohol’ policies and practices in relation to intoxication, negative behaviours etc. and recommend and/or serve applicable client’s non-alcoholic beverages.
OTHER DRUGS
We do not permit any illegal substances to be brought on, nor consumed on board our vessels. Failing to comply with this may result in forfeit of the Deposit and termination of the Charter. (See Termination)
The Master or Crew are permitted to visually inspect any belongings being taken aboard.

CHARTER CANCELLATION, TERMINATION, ROUTE ALTERATION AND EXTENSIONS
Cancellations
1a. Pre-Charter Cancellation Initiated by Primetime Charters
Primetime Charters reserve the right to cancel, postpone, reschedule a charter for reasons that include but not limited to:
i. Unsafe Weather, including Wind/Wave/Swell/Tidal effects.
ii. Vessel inoperability
iii. Expired or faulty safety equipment
iv. Master/Crew unavailability/Sickness etc.
v. Other factors outside the control of Primetime Charters (e.g., Waterway closures, changes in DCV Rules/Survey requirements etc)
1b. Pre-Charter Cancellation by Client
i. Cancellation of your charter will result in a forfeit of your deposit.
ii. If cancellation is made 7 days prior to charter date Primetime Charters reserves the right to charge the full cost of the charter.
Termination of Charter
Primetime Charters is responsible for the safety of passengers at all times and request that clients respect any advice/direction or request which is offered by the skipper or the crew.
The Master has the right to Terminate the charter at any time, due to behaviour that may be deemed as detrimental to the safety of the crew, other guests, the vessel, other users of the water ways, and or the environment.
a. If the charter is Terminated due to client’s inappropriate behaviour the client has no rights to retribution.
b. The Vessel may drop clients to the nearest jetty, berthing point, not necessarily the agreed point of pick up or drop off as per booking.
c. Primetime Charters will not be held responsible for any additional costs incurred by the client in the case of E 2 b.
Alteration of charter
Any alterations to the Charter route must be Approved by the Master of the vessel, who has the right to refuse. Additional charges may apply, and you will be notified of these, and immediate payment must be made.
Extending a charter
a. Due to reasons such as but not limited to; back-to-back bookings, crew fatigue etc., requests for extending the duration of a Charter are not normally approved.
b. If the Master does approve extending the Charter, charges will be a minimum of 1 x hourly rate. For extensions under an hour’s duration the full hourly rate is payable.
c. Payment for extensions shall be made in full, by credit card, prior to the original bookings designated end of charter time.

INCLEMENT WEATHER
a. Unfortunately, weather conditions are beyond our control. If your charter is in the river there are many locations on the river to shelter from the weather. In the event of severe weather conditions, the Master has the right to cancel the charter due to safety concerns for patrons and crew. We will endeavour to reschedule where possible.
b. The decision to postpone a Charter is at the sole discretion of Primetime Charters and will have no liability to you for such cancellation.

SWIMMING AND WATER ACTIVITIES
a. It is the responsibility of each passenger to understand and abide by their skill level, capability, experience and Fitness level in regard to swimming and general water activity.
b. Each passenger who undertakes these activities do so at their own Risk.

SERVICE PROVIDERS
a. Caterers, Waiters/Waitresses, Entertainers, or other service providers that the client organizes to come aboard the Vessel do so at their own risk.
b. Approval to allow these services must be requested at the time of booking, failing to do so will likely result in refusal to permit access on the day of the Charter. The Master has the right of refusal.
c. These service providers are included in your number of guests permitted on the Charter.
d. Service providers will conduct their services in line with; Responsible Service of Alcohol Act, Safe Food Handling, and any other legislation pertaining to their service type.
e. Service providers will adhere to the Vessels Rules, regulations and these Terms and Conditions.

DECORATIONS AND SIGNAGE
a. If Primetime Charters and or the Master agrees that you may decorate the vessel, this must be done by means that will not leave a mark on the vessel.
b. It is the client’s responsibility to remove all decorations at the end of the charter.
c. If the vessel is damaged due to decorations, signage, or anything else done by you to the vessel, we may charge any amount for the damages to a credit card provided by you or apply these charges against any bond provided by you.