Terms & Conditions
All Passengers using Ucruise Sydney services do so under the following terms & conditions.
Operator: Means Ucruise Pty Ltd, ABN: 41 163 035 934, trading as Ucruise Sydney. Operator and/or Partner can also refer to other boat owners with their vessels showcased for hire on the Ucruise Sydney online portfolio. The majority of vessels showcased on the Ucruise Sydney online portfolio are not owned by Ucruise; in this circumstance Ucruise acts as a 3rd party to help connect people who want to hire a boat (read:Customers), with people who offer their commercial boat for hire (read:partners). Ucruise is NOT responsible for any services supplied by Partners and Customers should be clear on boat partner terms and conditions before proceeding with payment and therefore accepting those terms and conditions and entering into an agreement. Terms and conditions of boat partners can be provided by Ucruise Sydney upon request.
All terms and conditions are subject to change without notice.
FOR ALL COVID 19 RELATED TERMS AND CONDITIONS PLEASE NAVIGATE TO THE BOTTOM OF THESE TERMS AND CONDITIONS
1. Payment Methods
Payments can be made by: Cash, Cheque, Visa, Mastercard or Bank Transfer.
2. Bookings
A 50% deposit of the total cruise cost quoted is payable to confirm a Customer booking, full payment must be made fourteen (14) days prior to the cruise departure date (on the 15th day before the cruise date or earlier). If full payment is not received by this time 100% of the deposit amount will be forfeited, unless otherwise quoted specific by a Ucruise Sydney representative.
3. Cancellation / Rescheduling Policy
If the Customer wants to cancel a cruise operated by a Ucruise owned vessel or boat partner vessel:
Outside of 14 days to the cruise date (on the 15th day before the cruise date or earlier); the deposit paid (50% of the cruise value and what has been quoted) will be forfeited.
Within 14 days to the cruise date (on the 14th day before the cruise date or nearer): 100% will be forfeited (this will be when the full amount for the cruise has been paid).
If the Customer wants to reschedule a cruise operated by a Ucruise owned vessel or boat partner vessel:
After full or part payment has been made: This may incur up to 100% of the monies paid being forfeited with the new date requiring full payment and treated as a new transaction. Reschedule charges for Ucruise Sydney owned vessels will typically be $500. For boat partners vessels this may be more. It should be understood once a cruise is booked, fees by Ucruise Sydney or boat partners will be paid to various entities for the cruise event to go ahead, including but not limited to, staff fees, wharf fees, cleaning fees, catering fees, employee and contractor fees, admin fees, skipper fees, deckhand fees. Rescheduling of cruises can impact Ucruise Sydney revenue and boat partner revenue by rendering a date and time slot non-retrievable for other potential Customers, i.e., lost sales. As such Customers should be aware of this risk when selecting their cruise date and time slot and ask what charges will be incurred should they want to reschedule.
Rescheduling frequency:
If a reschedule has been approved where you have forfeited less than 100% of monies paid, you will have only one opportunity to reschedule (unless Ucruise Sydney or boat partners have had to cancel) and this cannot be outside of 90 days from your original booking date (some boat partners' conditions may vary). Any cancellation or postponement of your rescheduled cruise by you will result in forfeiture of your full charter fee. 30 days prior noticed is required for rescheduling for Special Days or Public Holidays and this still may mean 100% of the fees paid may be forfeited. Customers should understand these risks before committing to payment. No refunds will be granted for cancellations on New Year's Eve charters and reschedules to future seasons are not accepted.
4. Weather Cancellations
Cancellations made by the Operator due to inclement weather will normally result in a rescheduling. There may be some restrictions on what days and time rescheduling can be changed to, if in doubt the Customer should get clarity on these specifics before making payment of their booking. Due to weather cancellations being an act of nature and not something Ucruise Sydney has control over, any cruises that need to be rescheduled to due inclement weather will still incur wharf and staff charges. These fees and their specifics may differ to boat partner vessels and Customers should be clear on these before making payment. Terms and conditions of boat partners can be provided by Ucruise Sydney upon request.
5. Other Cancellations
Cancellations may be made at the Operators discretion due to mechanical breakdowns, which may result in the vessel being unable to operate. If this occurs the Customer will receive a full refund of the price they have paid for their cruise by the boat Operator directly due to the core service being of cruising on Sydney Harbour being provided by them. Ucruise Sydney accepts no liability for associated costs due to cruise cancellations, such as travel costs and catering costs. Should Customers be wanting compensation for any costs incurred it is advised to contact the boat partner directly. Ucruise Sydney does not provide legal services or act as an intermediary for disputes based on boat partner services. It is important Customers realise mechanical breakdowns of partner vessels are rare but do happen and are in no way a reflection of Ucruise Sydney’s reputation and its ability to operate as a boat hire agent.
6. Changes to Bookings
Changes of bookings by the Customer must be communicated, approved and confirmed by Ucruise Sydney or the cruise and full monies paid will be forfeited. Any arrangements made outside of Ucruise Sydney with boat owners directly can also result in the cruise and monies paid to be forfeited.
7. Fail to Board
It is the passenger's responsibility to ensure that all guests arrive on time for the departure of the vessel. Failure to do so will mean that the passenger forfeits the full price to the Operator. It is strongly advised all guests arrive at least 15 minutes before cruise departure time.
8. Quotes
All quotes provided to Customers have expiry durations. Once expired a new quote must be issued, or the expiry window extended for it to be valid. The Operator reserves the right to re-quote based on any changes to quote requirements, this may include errors made during quote created. Ucruise Sydney is not bound to honour any quotes created and delivered to Customers in error.
9. Bonds & Damages
Ucruise Sydney will keep Customer payment details made for bookings in case of any loss or damages caused by the Customer or their party members that occur at any time during their cruise. Customers may be charged to compensate for any loss and/or damage and this needs to be documented by the vessel owner as proof should the matter be escalated further. Bonds may also be taken for some vessels advertised on the Ucruise Sydney website and amounts do differ between vessels. Customers will be notified of the specifics at the time of quoting. It should be understood that boat partners may request a bond to be paid after a booking has been paid in part or full to help retrieve any funds lost due to damages by the Customer and their party members during their cruise.
10. Safety Requirements for Travel
Disabled Passengers: The Operator recommends that disabled persons seek medical advice before booking are attending a cruise.
Pregnant Persons: Pregnant persons cruising with Ucruise Sydney or a boat partner vessel do so at their own risk.
Intoxicated Persons: The Operator does not condone excessive drinking and has the right to end a cruise early with no refunds should passengers be deemed too drunk and a potential threat to safety - judgement is at the Operator's discretion.
With regards to BYO cruises (bring your own food or drink or both), guests must accompany any consumption of alcohol with an appropriate quantity of substantial food for the duration of the cruise. Snacks do not constitute towards 'substantial' food.
With regards to boat partners that offer a bar on consumption - Serving of drinks is at the discretion of RSA staff. Serving of drinks may cease should it be deemed by the RSA staff that guests are becoming drunk and disorderly. Should drunk and disorderly behaviour occur the skipper has the right to cease the cruise immediately to ensure safety of the passengers and crew on board and any payment for cruise time will not be refunded.
11. Minimum Age Requirement
There are no minimum age requirements for children to board Ucruise Sydney boats. Children are the responsibility of their parents at all times. The Skipper and other crew members are not responsible for their care or safety. Life jackets are available on board for children and adults alike and should be used in accordance with Maritime Law.
12. Times & Duration
Cruise durations are outlined in Customer bookings. It is strongly advised that all travel plans are made in advance of the cruise date to ensure timely arrival at the designated pickup wharf. All passengers should aim to arrive at least 15 minutes prior to the cruise start time. It should be understood that sometimes there is congestion at wharfs and other boats operating in the area may delay booked vessels from mooring up to the designated wharf at the exact time outlined in the Customer booking. We advise all Customers to let the boat Operator know if there is a delayed cruise start time to ensure the full cruise duration is fulfilled. In most circumstances lost time at the start of the cruise will be made up at the end, however it should be understood this can impact timely departure at the end of the cruise. All wharfs are booked in advance and have a strict 15 minute window. Should wharf booking slots be missed this can impact arrive and departure times. These issues will be escalated to Maritime and are not the responsibility of boat Operators or Ucruise Sydney.
13. Rules on Board Vessels
For almost all vessels the following rules are enforced; no high heels, no drugs, no smoking, no illegal or dangerous behaviour, no nudity. The Operator is obliged to charge Customers for any damage or loss to the vessel and its equipment should this occur by any member of the Customer's party. Should the interior or exterior of the vessel be fouled outside of just general litter, and it deemed to be neglect (as decided by the Operator) then a cleaning fee may be charged to the Customer. Charges made directly to the Customer’s account used to make the original booking may take place without prior notice and Customers should understand these conditions before making payment of their booking. Informing all guests by the Customer of these conditions is advised to ensure the cruise runs smoothly, is respected and all guests have a pleasant experience.
Comfortable clothing is recommended. Always bring a warm jacket as temperature can change rapidly when you are on the water. Non-marking soled shoes must be worn, and any black soled or hard shoes (including high heeled shoes) are prohibited (they must be taken off when aboard). Customers may be charged for any damages incurred due to ignoring this notice.
14. Marine Insurance
Ucruise Sydney carries full vessel insurance for its owned vessels and public liability insurance.
15. Disclaimer
All passengers participate in their harbour cruise at their own risk. Disabled passengers cruising aboard Ucruise Sydney do so at their own risk and the Operator accepts no liability for any damage or injury caused by any guest during their cruise on either a Ucruise Sydney vessel or boat partner vessel. If any passenger becomes intoxicated or unruly during the cruise, they may be dropped at the nearest wharf without prior notice – no refunds will be given.
Under no circumstances shall the Operator be liable for any loss, claim, injury or any direct, indirect, incidental, special or consequential damage which may arise during a cruise. Incidental, special, or consequential damages (including but not limited to lost profits or lost savings) which may arise from use of any information, any listing of any data on the Operator's website can not be claimed from Ucruise Sydney. From time-to-time information on boats listed on this website may be inaccurate or become outdated and display previous season's information and pricing. In this case, full refunds will be given if the boat owner does not give permission for the cruise to proceed with the quotation offered.
16. Jurisdiction
The laws of New South Wales apply in relation to these terms and conditions and the Operator's business.
17. Third Party Websites
This website may contain links to other websites maintained by third parties. The Operator is not responsible for and does not operate or control any information or services provided on such third-party websites. The links are provided solely for convenience and do not constitute an endorsement by the Operator.
18. Discounts / Money Off Offers
All discounts and money-off offers are only to be used as 1 per cruise unless otherwise stated. Ucruise Sydney can withdraw discounts and money-off offers at their discretion without prior notice.
19. Refund Processing
The following statement applies if conditions are met for a refund to be accepted as outlined specifically in these terms and conditions. All refunds may take up to a maximum of 30 days to process to allow for investigation of amounts and refund conditions being acceptable and also financial institution processing. The Customer agrees to this maximum 30-day period upon paying any money through the Ucruise Sydney platform or by electronic funds transfers to the Ucruise Sydney bank account.
COVID-19 Terms & Conditions
All Customers are encouraged to read and understand all scenarios and specifics explained in these Covid 19 specific terms and conditions before making any payment on bookings. By making payment on any bookings, Customers are confirming that they agree to all terms and conditions. No signatures are required for an agreement to be binding, as payment (read:consideration) has been given.
20. Cruise Cancellations & Reschedules Due to Public Health Order
If Ucruise Sydney owned vessels or boat partner vessels can no longer legally operate due to government restrictions being put in place due to the Public Health Order around Covid-19, Customers will not receive a partial or full refund. The remedy offered will only be by way of a credit voucher and be confirmed in writing via email. This credit voucher will have an initial expiry of 12 months but may be extended should government restrictions still be in place in order to allow Customers to use this credit. The credit can only be applied to like-for-like cruises and for the same vessel booked originally. There is no additional cost incurred to reschedule a cruise under these circumstances however if costs for the same experience have increased, such as an increase in boat hire fees, Customers may have additional fees to pay before their cruise can go ahead. These conditions have been put in place as it is ‘reasonably necessary’ to provide a credit-voucher-solution to Customers, in order to protect the legitimate interests of the Ucruise Sydney company.
This information is subject to change.
According to NSW Government Fair Trading and the ACCC, a credit voucher has been referenced as an acceptable remedy. Where circumstances are unclear, statements from NSW Government Fair Trading and the ACCC direct Customers back to the original terms and conditions of the company. Ucruise Sydney is following all advice and legislation provided by NSW Government Fair Trading and the ACCC to deliver a fair solution to its Customers and to protect the interests of Ucruise Sydney and its boat partners. It is strongly advised all Customers understand these conditions before proceeding with payment of any kind.
Relevant statements from NSW Government Fair Trading and the ACCC have been quoted below. Please visit: https://www.fairtrading.nsw.gov.au/ and https://www.accc.gov.au/ for more information.
From NSW Government Fair Trading:
“My Customer’s event can no longer go ahead in the way it was originally booked. Government restrictions have meant it is affected directly or indirectly (for example restrictions affecting some of the guests attending). Do I have to provide a refund? Do I have other options?”
“If you do not have an explicit right to a refund, you can negotiate with the business to make changes to the event, such as reducing the size of the event or rescheduling.”.
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“I bought tickets for an event that has been cancelled. Am I entitled to a refund?”
“Your options may be:… a credit note or voucher. These allow you to use the money already paid to the supplier at a later date. Any credit notes or vouchers should have an expiration date long enough to allow you to use it, considering ongoing COVID-19 restrictions.”
From the ACCC – Australian Competition & Consumer Commission:
“My flight, cruise or tour has been cancelled. Am I entitled to a refund?”
“If your travel is cancelled the ACCC expects that consumers will receive a refund or other remedy, such as a credit note or voucher, in most circumstances. In some cases, consumers will have the right to receive a refund, rather than a credit note or voucher. For example, you may be entitled to a refund under the terms and conditions of your ticket.”
“You should check your terms and conditions, and any previous communications with the business, and contact the business directly to request a remedy. This may be a refund or credit note or voucher, depending on your circumstances.”
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“My travel booking has not yet been cancelled, even though it seems unlikely that restrictions will be lifted by then. Can I cancel now?”
“If you cancel your booking before your travel service is cancelled, this could be classified as a 'change of mind' cancellation and this could limit your ability to obtain a refund or a credit.”
21. Cruise Cancellations & Reschedules in Relation to Covid 19 Where Ucruise Sydney & Boat Partners Can Legally Operate Cruises
It is understood that Customers may have concerns about attending a cruise event due to Covid 19, however if Ucruise Sydney and its boat partners are still legally allowed to operate this impacts the rights of the Customer with regards to refunds and charges.
If a Customer wishes to cancel or reschedule a cruise because they or a member of their group has tested positive for Covid 19 the normal cancellation and reschedule terms and conditions apply (statement 3 of these terms and conditions); this is due to Ucruise Sydney and its boat partners still being capable and legally allowed to provide the services paid for by the Customer of operating a cruise event.
If a Customer is concerned about Covid 19 and wishes to cancel or reschedule their cruise the normal cancellation and reschedule terms and conditions apply (statement 3 of these terms and conditions) as this is deemed a ‘change of mind’.
It is strongly advised to, as always, take appropriate measures to not contract Covid 19. If you are concerned about booking an event with Ucruise Sydney as you may not be able to retrieve funds under these conditions mentioned, it is advised to not proceed with your booking or seek insurance options from insurance providers that can cover these kinds of events and/or experiences.
This information is subject to change.
Relevant statements from NSW Government Fair Trading and the ACCC have been quoted below. Please visit: https://www.fairtrading.nsw.gov.au/ and https://www.accc.gov.au/ for more information.
“I wish to cancel my travel booking due to health and safety concerns about COVID-19. What are my rights in this situation?”
“If you no longer wish to travel due to concerns about COVID-19, this may be treated as a 'change of mind'.
You should contact the provider to see if you are entitled to a remedy such as full or partial refund, credit note or voucher.
If you have a health condition that means you are at higher risk you should contact the provider to see if they will offer you a refund or a voucher for a later date.”
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“I want to cancel my travel booking because Government restrictions introduced since I made the booking mean I will have to quarantine. What are my rights?”
“It is important that you first check the terms and conditions of your contract with your supplier, who may be the travel agent, an airline or an accommodation provider. These terms and conditions govern what options may be available to you”
“Your options may be:… accepting a credit note or voucher. These allow you to use the money already paid to the supplier at a later date. Any credit notes or vouchers should have an expiration date that is long enough to allow you to use it, considering ongoing COVID-19 restrictions.”
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“What are my rights when the supplier refuses to give me a refund and only wants to offer a date or credit for the future?”
“If you can’t reach an agreement with the supplier, check the terms and conditions of your contract.
If you have a right to a refund under the terms and conditions at the time you made your booking, businesses can’t change the terms at a later time to deny you a refund.”
22. Ucruise Sydney Staff or Boat Partner Staff & Covid 19 Positive
If a skipper, deckhand or other service member of Ucruise Sydney or one of its boat partners tests positive for an upcoming Customer cruise, this may result in a cancellation of the cruise and postponement to a later date. Under these circumstances Customers will be entitled to a refund or no-cost postponement. Boat partner terms and conditions may differ and so it is strongly advised Customers request their specific boat partners term and conditions and fully understand them before making payment.
Ucruise Sydney Boat Partner Terms & Conditions
23. Deposit Payments
From January 1st, 2019, Ucruise may only forward deposits up to $500 to boat partners. The remaining amount owing minus commission will then get transferred 14 days from the Customer's cruise date. This payment structure is set up to help protect Ucruise Sydney should boat partners not be able to fulfill cruises for Customers that have booked via Ucruise Sydney.