Little Audrey Terms and Conditions of Hire
These terms and conditions govern the relationship between Little Audrey’s owner, Little Audrey Luxury Charters Pty Limited (LALC) and any person or group of persons who hires Little Audrey (Hirer) and any other third parties invited onboard by the Hirer (Little Audrey Guest).
- The Little Audrey Media Policy, a copy of which is attached, forms part of these terms and conditions.
- The Hirer agrees to bring these terms and conditions to the attention of each Little Audrey Guest and must ensure that each Little Audrey Guest complies with these terms and conditions whilst onboard.
Fees and payment for hire period
- The Hire Period of Little Audrey is as agreed in advance between LALC and the Hirer. The Hirer and any Little Audrey Guest will board Little Audrey on the first day of the Hire Period at a place to be agreed and will disembark on the last day of the Hire Period at a place to be agreed.
- The Hirer must pay the Deposit to secure the booking within 7 days of the booking confirmation.
- The remaining balance of the Hire Fees notified by LALC must be paid in full within 30 days of the first day of the Hire Period.
- If the booking is cancelled by the Hirer no refund applies
- LALC reserves the right to cancel the booking at any time prior to the commencement of the Hire Period if for any reason LALC is not able to deliver Little Audrey for use as contemplated during the Hire Period. In the event of such a cancellation, LALC will refund any monies paid by the Hirer to the date of the cancellation but is not otherwise liable for any loss or damage which may be suffered by the Hirer as a result of the cancellation.
LALC’s staff and services
- LALC will provide as part of the hire, Skipper and Crew as agreed and necessary to crew Little Audrey during the Hire Period.
- The Hirer and Little Audrey Guests must obey any reasonable request made of them by the Skipper or Crew throughout the Hire Period and must not act in a manner which is reckless or dangerous to themselves or other people or engage in any illegal activity whilst onboard Little Audrey.
- The Hirer and Little Audrey Guests consent to any authorised representative of LALC being entitled to administer first aid to them or to arrange for them to receive medical treatment and/or to be transported off Little Audrey to a hospital or medical centre, if in the opinion of LALC, such action is required.
Liability and risk warning
- The Hirer is responsible for the cost of any repairs and replacement of property required as a result of any act or omission of the Hirer or any Little Audrey Guest.
- The Hirer and Little Audrey Guests acknowledge that they are participating voluntarily in the hire of Little Audrey and all recreational fishing and associated onboard or water activities conducted during the Hire Period (Little Audrey Activities). They are each aware that there is an inherent danger in participating in the Little Audrey Activities and are aware that their participation may result in serious personal injury, permanent disability or death and/or property loss and damage.
- The Hirer and Little Audrey Guests are aware that the risks mentioned in clause 13 may be caused by their own acts or omissions, the acts or omissions of others participating in the Little Audrey Activities, the condition of the waters or weather through which they travel and in which the Little Audrey Activities take place, including the open seas, or other risks not known to them. The Hirer and Little Audrey Guests further acknowledge that this is a risk warning pursuant to the Australian Consumer Law (Cth) and Civil Liability Act 2002 (NSW) and its equivalent provisions in other states and they agree that they assume all risks in connection with the Little Audrey Activities and that LALC (including its respective officers, employees and agents) is not liable for any loss or damage arising from the breach of any express or implied warranty or guarantee that any services provided by LALC will be provided with reasonable care and skill.
- The Hirer and Little Audrey Guests agree that they have sole responsibility for their personal possessions brought onboard and warrant that any loss or damage to any such possessions is their own responsibility.
- To the maximum extent permitted by law, the Hirer and Little Audrey Guests agree to release, discharge, waive and forever hold harmless LALC (including its officers, employees, and agents) against all and any claim, right or cause of action however arising, whether or not presently ascertained, which they may otherwise have for or arising out of loss of life or injury, damage or loss of any description whatsoever and howsoever caused which they may suffer or sustain onboard Little Audrey or in the course of or consequent upon their participation in the Little Audrey Activities, whether, direct, consequential or foreseeable and whether caused by accident or any negligent or wilful act or omission, breach of contract, breach of statutory duty or otherwise in connection with Little Audrey or the Little Audrey Activities.
- To the extent permitted by law, LALC excludes all conditions, warranties and guarantees relating to its provision of Little Audrey, the Little Audrey Activities and other services provided onboard Little Audrey.
- To the extent that LALC’s liability cannot be limited as set out in clause 17 above, LALC’s liability will be limited, at the Hirer’s election, to the resupply of services or the payment of the cost of having those services re-supplied.
- These terms and conditions are governed by the laws of New South Wales.