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BOOKING TERMS & CONDITIONS These Terms and Conditions (“Our Terms and Conditions”) apply to any booking including boat charters, as well as other events such as tours, adventures, caterers, restaurants and accommodation (herein referred to as “Other Events” ) made with Silver Wave Yachts t/a Silver Wave Yacht Charters (herein referred to as “us”, “we” or “our”) and should therefore be read carefully. For Other Events, we act as the agent for the relevant third party services provider on the basis that their own contract terms apply direct between them and you in addition to Our Terms and Conditions (with Our Terms and Conditions prevailing in the event of conflict). By booking any Other Events, you confirm that you have received, read and accept those other terms and conditions for the applicable Other Event(s). In relation to any bookings which coincide with any Special Event (e.g. including but not be limited to events such as races, cups, regattas, sporting events, concerts, public events and VIP visitors), we reserve the right to amend or add to Our Terms and Conditions and any related contract documentation so as to be relevant for any Special Event, such terms to be agreed to by you in accordance with Our Terms and Conditions and via our written order or invoice to you. 1. YOUR CONTRACT Your contract is with us, subject to the above for Other Events. When making your booking, the person signing the booking form or paying the deposit for the booking (the “Party Leader’’) must have and is taken by us to have the authority to do so on behalf of all the other people covered by the booking. Where “you” or “your” is used, this means the Party Leader and all people covered by the booking, jointly and severally. By signing any of our contract documents or paying the initial deposit, you are deemed to have read, understood, agreed to and have accepted Our Terms and Conditions and all other booking terms as may be specified in writing by us. 2. YOUR BOOKING PRICE The prices for our services are in New Zealand Dollars. Prices are accurate at the date of publication. Once you have made your booking and paid a deposit of 50% per booking, the cost of your booking will not normally be subject to any change. However, we reserve the right to increase/surcharge or decrease prices, due to variations in service charges or fluctuations in exchange rates used to calculate the cost of your event, but any such changes would need to be agreed to by you in the contract documents we send you. The balance of the price of your booking must be paid at least 14 days before your booking date or if it is booked less than 15 days prior to the departure date upon making the booking. If the balance is not paid on time, we may cancel your arrangements and retain your deposit and all amounts paid by you at that time. These payment terms may be different for any bookings coinciding with any Special Event. Please make bank transfer/ automated payment on receipt of booking invoice. Although we make all reasonable efforts to keep rates current on our website – they may not always be correct due to seasonal and other changes, and pricing for bookings for Special Events are not always displayed on our website. The prices stated in our invoice which you agree to will prevail. 3. IF YOU CHANGE YOUR BOOKING If, after our confirmation invoice has been issued, you wish to change your booking arrangements in any way, we will use all reasonable efforts to try to make your desired changes, but it may not always be possible, in which case you will remain liable to us under your agreed booking terms with us. Any request for changes to be made must be in writing signed by the Party Leader. It is your responsibility to check whether any insurance you hold will cover any changes or increased costs resulting from a change. Requests for changes to your booking should be emailed to your contact person at Silver Wave Yacht Charters. All modifications to menu choices, catering plans or requirements, or guest numbers must be received within five days before booking date and may involve a modification of cost. If made late, we reserve the right to invoice you for our additional administration-related or other applicable costs and charges. 4. IF YOU CANCEL YOUR BOOKING You may cancel your arrangements at any time but subject to all terms agreed with us. Written notification of cancellation from the Party Leader must be received at our offices. Cancellation will be effective on the date it is received by us. Cancellation charges are payable as set out in this clause 4 (“Cancellation Charges”). It is possible that other third party cancellation charges may apply for bookings including Other Events as a result of the other contract terms referred to in the first paragraph above. Period before departure within which notice of cancellation or major change is received by us: Amount of charge 15 + days: 50% of total booking cost (deposit only) 14 days and under: 100% of total booking cost, plus catering deposit if cancellation is made after supplies have been purchased (usually 48-60 hours) Special Events: All deposits and all other amounts paid to us are non-refundable if you simply elect to cancel Note: If the reasons for your cancellation are covered under the terms of your insurance policy, you may be able to reclaim these charges. All of your payments to us are non-refundable except in the instance of one of the following: • We agree in writing that a deposit is refundable; or • Clause 5 a) below applies and we, acting reasonably, decide to offer a refund; or • If the vessel or Other Event booked with us becomes unfit for the booking (e.g. in the case of a mechanical breakdown or other loss of public charter rights), as reasonably determined by us, or where there is a postponement of the charter day by us (or the boat owner or event manager) which is not caused by you and is not covered by clause 5 below, and in any such case we may refund all or a portion of your payments made to us, as is reasonably applicable in the circumstances, subject to such refund being full and final regarding any and all claims between you and us. 5. IF WE CHANGE OR CANCEL YOUR CHARTER a. The arrangements for bookings can sometimes be made many months in advance. As a result, it is possible that changes or cancellations may need to be made. We reserve the right to make such changes or to cancel the booking should that become necessary, for example (and without limitation) if the boat becomes unavailable for any reason beyond our control. Most changes (if required) will be minor and we will advise you of them at the earliest possible date. We will do all we reasonably can to avoid cancelling your arrangements less than 15 days before your departure date. However, and subject to clause 5 b) below, if we are unable to provide the booked arrangements and have had to cancel them before the booking is due to start and through no fault on your part, you can either: • Accept our offer of a replacement booking (subject to availability and a variation of boat and rates), or • Accept our reasonable refund offer based on the circumstances (and any acceptance by you of any such refund shall be deemed to be in full and final settlement of all claims between you and us for that or those bookings). b. No refund or other compensation will be paid, and nor will a replacement booking be offered where the change or cancellation is either caused by you or is due to Force Majeure. “Force Majeure” means all unforeseeable and unusual circumstances beyond our control and includes (but is not limited to) all Acts of God, war or threat of war, riot, civil strife, industrial dispute, unavoidable technical problems with transport (including any vessel, vehicle or craft), closure or congestion of airports, terrorist activity, natural or nuclear disaster, fire and adverse conditions, earthquakes, Tsunamis, cyclones, tornados, storms, disease, epidemic or biosecurity issue, or any change to or cancellation of any Special Event, whether weather related or for any other reason. Despite the above, in the event that your booking is cancelled by us as a result of a skipper or operator decision due to weather conditions, a ‘Rain Check’ (replacement or postponed charter) may be offered subject to availability. No refund will be made. c. If your boat charter is unable to proceed for any reason but the food and other catering requirements ordered by you are unable to be cancelled (due to being part-prepared or otherwise), then it shall be your sole cost and related liability (i.e. to us) to proceed with receiving, utilising and paying us in full for those catering requirements at an alternative nearby venue, to be promptly nominated by you. We will use all reasonable endeavours to assist you in that regard. 6. BOOKING TERMINATION AND INDEMNITY You agree to accept responsibility for the proper conduct of yourself and any members of your party. We reserve the right in our absolute discretion to terminate without further notice (and at your cost and loss) the booking arrangements of any client who refuses to comply with the instructions or orders of our staff, agents or other responsible persons, or whose behaviour or competence in our opinion is likely to cause distress, damage, danger or annoyance to the crew, other customers, staff, any third party, any person or to property. Upon such termination our responsibility for your booking ceases and we shall not be liable for any extra costs incurred by you. You agree to be responsible for and to replace or make good any damage to us, the operator, or our affiliated third party suppliers caused by any of the guests of your booking. The skipper or operator shall be responsible for the running of the vessel, vehicle or Other Event and for the safe navigation of the vessel, vehicle or Other Event and the guests will abide by his or her decisions with regard to sailing, navigating, anchorage, locations for activities and the like. Use of any illegal substances on the booking will result in instant termination of the booking, forfeiture of all monies paid and possible criminal charges from the New Zealand Police if we choose to lodge a complaint (which by law we may be required to do). 7. LIABILITY AND RISK You must ensure that you and any members of your party are aware of the risks that may arise from your booking. Activities may include (subject to the express terms of your booking) general boating and swimming, fishing, snorkelling and scuba diving, wind surfing, surfing, jet skiing and other sporting and outdoor activities. You and all members of your party must be competent to use sporting equipment required for any such activity and exercise all due care and attention when doing so. You and your party engage in activities and the use of sporting equipment entirely at your own risk and we shall not be liable in the event of injury or death resulting from any such activity. We strongly recommend that all persons have full insurance covering any injury they might suffer, including medical treatment cover, before undertaking any such activity. In cases where we act as agent for any vessel, vehicle or Other Event, the Party Leader and all members of the party must assume the risk for any sporting and general outdoor activity or other risks, in accordance with the third party’s service supply terms and conditions and we shall have no liability whatsoever in respect of any such activity. We shall not be liable for any delay or disruption in respect of your booking of any vessel, vehicle or Other Event. Any dispute arising from such delay or disruption, or from the delivery or quality of food or beverages or any other items supplied in respect of provided for any such vessel, vehicle or Other Event, all of which shall be the responsibility of the provider thereof in accordance with their service or supply terms and conditions. Important: In no event or circumstance will we be liable to you: • for any amount which exceeds that dollar amount (less tax) which you actually pay to us in relation to your booking with us; or • for any indirect or consequential loss, including without limitation, all connecting travel costs, accommodation costs, meals costs or other wider travel-related costs or losses. If your booking is for business purposes then you agree that the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 are excluded from our contract with you to the fullest extent permitted by law and that you accept this as being fair and reasonable in the circumstances. All other laws that would otherwise be implied (including regarding the Contract and Commercial Law Act 2017) are also excluded from our contract with you to the fullest extent permitted by law. 8. DESTINATIONS The course of the vessel or vehicle taken during the booking is at the sole discretion of the captain or operator in conjunction with Maritime Law, Local Harbour By-Laws and Tour Operators Law. No guarantee is given or implied by Silver Wave Yacht Limited that travelling to a destination is possible but all reasonable efforts will be made to meet destination requirements. 9. ALCOHOL The operator of each vessels, vehicle or Other Event is responsible for their own Liquor Licences and General Managers Certificates. Liquor Licensing Authority rules state that no intoxicated person shall be served alcohol. The captain or operator may use his/her discretion to prohibit intoxicated persons from boarding vessels or vehicles, or partaking in any Other Event or may remove such persons once they are on board or involved. The captain or operator may issue instruction that intoxicated persons are no longer to consume alcohol or be served alcohol. 10. IF YOU HAVE A COMPLAINT If you have a problem during your booking, please inform a relevant member of our staff or crew member immediately, who will endeavour to resolve the matter. If your complaint is not resolved locally, you will have 28 days after your booking to follow the matter up in writing to our Company, giving your booking reference and all other relevant information. After that 28 day period you agree to not raise any further claim or dispute with us. It is strongly suggested that you communicate any problem to crew or staff without delay and complete a report. If you fail to follow this simple procedure, we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were on the booking and this may affect your rights under this contract. We endeavour to resolve any client issues as amicably as possible. However, disputes to do with this contract which cannot be settled amicably may (if you wish) be referred to an independent Arbitrator agreed to by both parties, with each party bearing their own costs and a half share of the Arbitrator’s costs. You may not commence any other form of legal proceedings against us. We may commence any other form of legal proceedings against you if you owe us money. 11. GOVERNING LAW & ASSIGNMENT Our Terms and Conditions and all contract terms with you shall be governed by New Zealand Law. The parties accept the non-exclusive jurisdiction of the New Zealand Courts. You may not assign your rights or obligations under Our Terms and Conditions and all contract terms with you unless pre-approved in writing by us, which may be withheld at our discretion. We may assign all or any of our rights or obligations under Our Terms and Conditions and all contract terms with you, to any purchaser of our business as a going concern, without need for your prior consent. Our Terms and Conditions and all contract terms with you (including our invoice and related terms) constitute the entire contract terms between you and us for your intended booking. You agree that no other terms apply to your booking unless expressly stated as being applicable within Our Terms and Conditions and all contract terms with you. 12. SHARED EXPERIENCES Upon booking this experience, you will receive an email stating that the booking is either "Pending Order", "Confirmed Order" or "On Hold Order". Below is an explanation of what each of these booking statuses mean. PENDING ORDER - The minimum guest number required for the sailing to proceed has not yet been met. Your booking is not confirmed to proceed until the minimum guest number has been met. If a Private Charter is booked for the same time period prior to the minimum guest number having been met then the booking may be cancelled. CONFIRMED ORDER - The minimum guest number has been met and the sailing will proceed. PLEASE NOTE: If you have made your booking through a Third Party such as TripAdvisor or similar then although your booking states Confirmed it may in fact be "Pending Supplier". This is an unfortunate limitation in the integration between Third Party sites and our booking software provider. If this applies to you and you would like clarification on the status of your booking please reach out to us via email at info@silverwave.co.nz ON HOLD ORDER - Your booking has been added to the waiting list. If another booking for the same period is cancelled for any reason and space becomes available, bookings on the waiting list will take these available spots in order of the time/date that they were received. As soon as the minimum number of tickets required for the sailing to proceed has been booked, the booking will be confirmed, and you will receive an email advising of this. If the minimum guest number is not met by the day before the sailing, we will contact you to try to arrange an alternate date that suits you. Where funds have been paid, we will provide a 100% refund of the ticket price for any bookings that we cancel for any reason.