TERMS AND CONDITIONS
This Form covers your application to purchase a Floating Canvas Package or Event Cruise .This Form comprises the contract
between you and Floating Canvas. Unless stated otherwise, all clause references are to this Form. You are entitled, during
the term of your Agreement to make use of Floating Canvas services subject to the terms of this Form.
1. Agreement Period
1.1 The Agreement Period is recorded in the first part of this Form. Unless otherwise agreed in writing, all bookings made under
this Agreement must be completed prior to the Expiry Date of Agreement.
1.2 Any Bookings pre-purchased in the Package Agreement and not completed prior to the Expiry Date of Agreement will be
forfeited, and no associated refunds will be due.
2. Charges & Payment
2.1 Where additional charges for goods or services are due, these must be paid prior to the Booking Commencement if the
charges are known, or prior to disembarking where the charges are determined during the Booking (bar tabs etc) unless
otherwise agreed prior to the Booking commencement.
2.2 Where payment is agreed to be upon invoice after the Booking is completed, these must be paid within 14 days of the
invoice date.
2.3. Floating Canvas reserves the right to charge additional cleaning fees where the Vessel is left in a worse than normal state
of cleanliness after the Purchasers’ Booking. Additional cleaning will be charged at $35 (+GST) per hour, per cleaner.
2.4. The Purchaser will pay Floating Canvas for any damage or loss to the vessel during their Booking that is caused by the
actions of themselves or their guests. Such charges will incur a 10% service fee and may include Floating Canvas labour
at the then current rates as well as any third party goods and services.
2.5. Floating Canvas may impose a late payment charge of 1.5% per month or part month on any payment that is not received
by Floating Canvas within 14 days of the date of invoice. This charge is calculated from the due date of payment. In
addition, any account that is overdue will be placed on stop-credit immediately.
2.6 For Pre-Purchase of Admiral, Captain and Lieutenant packages, full payment is due 20 th of that month or the following
month whichever comes first following the signing of the Agreement.
3. Reasonable Behaviour
3.1 The Purchaser agrees that they and their guests will maintain a reasonable and safe standard of behaviour whilst on
Floating Canvas Vessels, including complying with any briefings and lawful instructions given by the crew.
3.2. Where the vessel includes a licensed premise, the Purchaser accepts that normal licensed bar restrictions on alcohol
consumption and behaviour will apply.
3.3. The Purchaser understands that the vessels’ skipper can, and may, terminate any Booking where the behaviour of the
Purchaser or their guests is such that the skipper considers that there is danger to the vessel, crew, passengers, or any
other third party.
4. Bookings - Confirmation and Cancellation
4.1 Bookings are taken on a ‘first in/first served’ basis.
4.2 A Booking is not confirmed until the agreed deposit or payment is received by Floating Canvas.
4.3 Should a booked Vessel become unavailable through damage or unplanned maintenance requirements, Floating Canvas
will have no liability to the Purchaser for any inconvenience or loss incurred, other than accepting a future repla cement
booking. Where possible the Purchaser will be offered the option of holding the event at the vessels berth.
4.4 Where Floating Canvas decide to cancel a Vessel sailing due to weather conditions or other safety concerns, the Booking
will take place with the Vessel remaining in its berth. Where a Booking, due to its specific nature cannot take place with the
Vessel in its berth (visit to an Island etc), an alternative date will be offered or a refund provided.
4.5 Where a Purchaser cancels a previously confirmed Booking they will receive payment or credit refunds as follows:
Cancellation more than 90 days prior to the booking date – full refund of any pre-payment for food and beverages, plus,
refund of 50% of any charges for vessel hire and entertainment. Cancellation between 90 days and 5 days prior to the
booking date - refund of any pre-payment for food and beverages only. Cancellation 5 days or less prior to the booking date
refund of any pre-payment for beverages only
4.6 Where bookings are made as part of a Pre-Purchase Package any cancellation refunds will be in the form of usage credits
to be credited back to the Package unless they were purchases made in addition to the Package.
5. Limited Liability
5.1 Floating Canvas’ total liability to you or any other party whether arising in tort (including negligence or breach of statutory
duty), contract or otherwise, shall in no event exceed the amount of the booking fees actually paid by you for the portion of
cruise or event to which any liability arises.
5.2 Floating Canvas shall in no circumstances be under any liability to you or any other party and whether arising in tort (including
negligence or breach of statutory duty), contract or otherwise, in respect of any claim, loss, damage or expense:
(a)
Arising out of any personal injury, sickness or death; or
(b)
In relation to any including consequential, indirect or economic loss or loss of profits.
6. Definitions
The following definitions apply to this Form
Booking – a booking made by a customer of Floating Canvas to use a Floating Canvas vessel or service
Booking Commencement – the date and time that a Booking is due to start
Form – this document
Package – a predefined group of Bookings to be delivered by Floating Canvas within a defined period of time (usually 1
Year)
Purchaser – the person or company that purchases a Package or Event Cruise
Agreement – a customers’ right to make Bookings in accordance with the Package or Event Cruise purchased
Vessel(s) – any vessel(s) used by Floating Canvas to deliver a service to the Purchaser