Terms and Conditions in Brief!!
- A booking is only confirmed once full payment has been made.
- Sailing Eventide does not offer a ‘Blue Sky Policy’, as with all outdoor activity operators we cannot control the weather and the charter will go ahead unless the forecasted weather is considered unsafe.
- Unsafe weather as determined by Sailing Eventide – heavy rain and/or strong winds may cause cancellation of the charter on the day.
- In the event of cancellation due to bad weather or mechanical issue, Sailing Eventide will reschedule the charter with the client to a mutually convenient time within a 12 month period or provide a full refund.
- Choice of destinations will be determined by wind and weather conditions.
- Although Sailing Eventide adheres to strict safety regulations, all passengers will be required to sign an assumption of risk form prior to departure. All passengers board and ride with Sailing Eventide at their own risk.
- Sailing Eventide reserves the right to refuse any passenger at any time for inappropriate behaviour, drug use, drunkenness or misuse of their vessels.
- Passengers must be ready to board the vessel at least 15 mins before departure time.
- Sailing Eventide reserves the right to limit any passengers intake of alcohol at any time throughout the trip.
- All food and alcohol is BYO unless otherwise stated or unless catering is ordered.
- All information is correct at the time of printing. Sailing Eventide reserves the right to alter price, departure time and point as and when required.
Full Terms and Conditions
Sailing Eventide is owned by Neville Price and operated by Eventide 4 Pty Ltd CAN 635 879 088.
By downloading any information, placing an order, purchasing products and services or making a booking, you expressly agree to be bound by these terms, conditions and disclaimers as amended from time to time (“Terms & Conditions”). Should you object to any of these Terms and Conditions (including any subsequent amendments), you must not proceed with your booking.
User and Other Information Provided by You
In making a booking with us, you agree to provide certain current, complete, and accurate information about yourself. You warrant and represent that such information is correct.
When you place an order or make a booking, you will be asked to supply certain information including personal details such as your name, email address, mailing address and telephone number. You will also be asked to provide certain payment information such as credit card details including credit card name, number and expiry date (if paying by credit card). When you place an order or make a booking you warrant that you have the authority to make payment with the credit card used at the time, and you agree to pay all charges incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred.
At Sailing Eventide, we are committed to protecting your privacy. When you place an order or make a booking, you will need to provide us with certain User Information. We require this information so that we can process your order or make a booking on your behalf.
Where applicable, in order to process your order or booking we will need to provide some of your User Information to third party providers of any products and/or services that you have chosen. Sailing Eventide and/or the provider of the products and/or services may use the User Information provided by you to send communications to you about bookings made.
We may also use the User Information we collect to occasionally notify you about important changes to the website, new Sailing Eventide services and activities and special offers we think you’ll find valuable. If you would rather not receive this information, simply contact us to request that.
Sailing Eventide does not sell, trade, or rent your personal information to other third parties.
Sailing Eventide may collect aggregate information about our customers, users, sales, traffic patterns, and related site information and provide that to third parties, but these statistics will include no personally identifying information. We may release User Information when we believe, in good faith, that such release is reasonably necessary to comply with law, to enforce the terms of any of our legal agreements or to protect the rights, property or safety of Sailing Eventide, its customers and users.
Making a Booking
When you make a booking, Sailing Eventide reserves the right to accept or reject the booking for any reason, including, without limitation, the unavailability of any product or service, an error in the price or the product or service description posted on this website or an error in your booking.
If your booking is accepted, Sailing Eventide will email or telephone you, in accordance with your stated preference when booking, to provide you with confirmation of your booking. If you are making payment by credit card, Sailing Eventide will provide you with confirmation when your credit card payment is processed.
Once you receive confirmation of your booking, the products and/or services booked are non-refundable and non-exchangeable, except as required by law, or as stated below under Cancellations and Postponements.
Prices of products and services and any charges displayed on this website are current at the time of issue, but may change at any time and are subject to availability. The availability of products and services may change from time to time.
The full charter amount (including any catering) is usually payable at least 14 days prior to departure unless it is a last minute booking in which case full payment is required at the time of booking.
In the event of unauthorised use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.
Sailing Eventide reserves the right to cancel or postpone any tour due to unforeseen circumstances. If any of our tours are cancelled due to bad weather or insufficient numbers, we will reschedule you to another suitable time or offer you a full refund.
We have a no cancellation policy. Customers wanting to reschedule their tour will need to give us a minimum of 48 hours notice.
Inclement or Unsafe Weather
Unsafe weather (storm conditions) as determined by Sailing Eventide may, in our absolute discretion, cause postponement of the charter on the day. Rain or lack of wind is not cause for postponement. Postponements initiated by Sailing Eventide will be rescheduled at the earliest convenient date as discussed with and approved by you.
You will have one opportunity to reschedule if we postpone. Any cancellation or postponement of your rescheduled charter by you will result in forfeiture of your full charter fee.
Footwear and Attire
Comfortable clothing and a change of clothes is recommended.Black soled or hard shoes must not be worn (including high heeled shoes and sandals) as these cause marking and damage to the yacht. Bare Feet are acceptable.
BYO food and beverages are allowed. All of our boats include a refrigeration facility and ice box. You may use the cutlery, crockery and plastic glassware on board. Tea towels and dishwashing liquid are supplied.
Onboard food and beverage catering as booked with us must be confirmed and fully paid at least 7 days before the scheduled charter.
Limitation of Liability
None of Sailing Eventide, its related bodies corporate, any of their directors, officers, skipper, master, employees, or shareholders will in any way be liable for any direct, indirect, incidental, special or consequential damages (including in negligence), in accordance with the Limitation of Liabilities and Maritime Claims Act 1989 (Cth).
Where any legislation implies in these Terms and Conditions any term, condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in these Terms and Conditions, however, the liability of Sailing Eventide for any breach of such term, condition or warranty shall be limited, at the option of Sailing Eventide, to any one or more of the following: (a) if the breach relates to goods: (i) the replacement of the goods or supply of equivalent goods; (ii) the payment of the cost of replacing the goods or of acquiring equivalent goods, and (b) if the breach relates to services: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again.
Release and Indemnity
Sailing and cruising can be a hazardous activity, particularly noting the vagaries of the wind and tide.
You hereby waive, release, forgive, discharge and relinquish any and all claims (including, without limitation, any claims for death or personal injury) that you now have or may have in the future against Sailing Eventide, its related bodies corporate, directors, officers, masters, skippers, and employees, shareholders, agents and representatives which are connected with, arise out of, relate to or are incidental to any transaction or services with Sailing Eventide.
You hereby agree to indemnify, defend and hold Sailing Eventide, its related bodies corporate, directors, officers, masters, skippers, employees, shareholders, agents and representatives harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by Sailing Eventide, its related bodies corporate, directors, officers, employees, shareholders, agents and representatives arising out of or in connection with the performance of its duties as described in these Terms and Conditions including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
Responsible Consumption of Alcohol
A cold beer or lovely wine on a yacht enjoying the beautiful water is wonderful. Unruly or rowdy behaviour is not acceptable, and is against the law. It is the responsibility of the Charterer that their guests comply with the responsible consumption of alcohol, whether it be a licensed or unlicensed vessel. If you or your guests exhibit unruly behaviour, the Vessel’s Master, at their sole discretion, may : (i) terminate the charter, and off-load all guests at the nearest wharf, (ii) contact the water police, (iii) off-load the offending guests at the nearest wharf. There will be absolutely no refund or credit for alcohol related issues with guests.
Photography and Video
Throughout the duration of any charter or sailing school (Event) we may take photographic or video images of you and your guests. As a condition of your Event with us you acknowledge and consent to our use of any photographic or video image of you and your guests for marketing and promotional purposes in any form whatsoever whether as hard or soft copy. If you do not agree to our use of any photographic or video image of you or your guests you please tell us before the commencement of each and any of your Events.
The information contained on this website is provided by Sailing Eventide in good faith on an “as is” basis and solely at your own risk. The information is believed to be accurate and current at the date the information was placed on this website.
None of Sailing Eventide, its related bodies corporate, any of their directors, officers, employees or shareholders makes any representation or warranty as to the reliability, accuracy or completeness of any of the information or ideas contained on this website (including in relation to any products or services) and none of them accept any responsibility arising in any way (including in negligence) for errors in, or omissions from, the information contained on this website. To the fullest extent permitted by applicable law, Sailing Eventide disclaims all representations and warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose and non-infringement of any intellectual property.
Sailing Eventide makes no warranty that this website, any information or ideas contained on this website or any products or services advertised or available on this website will meet your requirements, or that the website will be uninterrupted, timely, secure or error free.
Although this website is accessible worldwide, the information on this website (including information relating to products and services) has been prepared in accordance with Australian law for the supply of information, products and services in Australia only.
This information may not satisfy the laws of any other country, in which case it cannot be relied upon by you. If you order any products or services from this website and you are resident in or accessing the website from another country, you agree to indemnify Sailing Eventide for any losses, costs, expenses or damages Sailing Eventide may suffer as a consequence. Sailing Eventide reserves its right to limit the provision of any product or service to any person or geographical area it so desires.
Your ability to purchase products and services from this website may be terminated at any time by Sailing Eventide without notice. All restrictions, licenses and the like granted by you and all disclaimers and limitations of liability which benefit Sailing Eventide will survive termination.
Unless otherwise indicated, information on this website is owned by Sailing Eventide. All rights are reserved. You may download a single copy of the information on this website that you require for its use as a reference to make an order or place a booking with Sailing Eventide.
Except as permitted under the relevant copyright legislation or other applicable laws, no part of the information contained on this website may be otherwise reproduced, duplicated, copied, sold, re-sold, adapted, performed in public, transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) or otherwise exploited for any commercial purpose without the specific prior written consent of Sailing Eventide.
If you believe that you own the copyright in any work and that work is displayed on this website without your consent, please contact Sailing Eventide and your complaint will be investigated.
Links to Other Websites
This site may contain links or third party advertisements (which contain embedded hyperlinks) to websites maintained by other companies and organisations. Sailing Eventide does not make any representation as to the accuracy of the information contained on those websites and will not accept any responsibility for the accuracy, ownership or any other aspect of the information contained on those websites.
The placement of third party advertisements on this website does not constitute a recommendation or endorsement by Sailing Eventide of the products or services advertised. The third party advertiser is solely responsible to you for any representations or offers made by it and for the delivery of any products or services you agree to purchase from any third party website.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Western Australia, Australia. You and Sailing Eventide agree to submit to the exclusive jurisdiction of the courts of the State of Western Australia, Australia and any appellate courts.
If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Sailing Eventide‘s failure to exercise or enforce any rights or provisions of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Sailing Eventide in writing.
Amendments to Terms And Conditions
These terms were last updated on 1 November 2019. Sailing Eventide may amend these Terms and Conditions from time to time. Any amendment will be effective immediately upon notification in this section of this website. Your continued use of this website after any amendment becomes effective constitutes an agreement by you to abide by and be bound by these Terms and Conditions, as so amended.
The products and services offered for sale by Sailing Eventide are only available to individuals who can make legally binding contracts. The products and services are not available to persons who are legally prohibited from entering into binding contracts.
Should you have any questions or wish to clarify the meaning of any of these Terms and Conditions, please contact us prior to using this website.