TERMS AND CONDITIONS
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 replacement 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