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BOOKING TERMS AND CONDITIONS 2008-2009

These Terms and Conditions apply to any booking that made with Champagne Corporate Charters (referred to in these Booking Conditions as “us”, “we” or “our”) and should therefore be read carefully.

1. YOUR CONTRACT
Your contract is with Champagne Corporate Charters Limited. When making your booking, the person signing the booking form or paying the deposit for the charter (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 is the Party Leader and all people covered by the booking. By signing the form or paying the deposit, it means that you have read, understand, agree and accept these Booking Conditions. A contract exists as soon as you pay the booking deposit and by making that payment you will be deemed to have accepted our quotation invoice and agree to be bound by our booking conditions.

2. YOUR CHARTER PRICE
The prices in the Champagne Corporate Charters Rate Schedule 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 charter, the cost of your charter 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 charter. The balance of the price of your charter must be paid at least 14 days before your charter date or if it is booked less than 1 week prior to the departure date, upon making the booking. If the balance is not paid in time, we may cancel your arrangements and retain your deposit. Please make your cheque payable to: Champagne Corporate Charters, or pay by automatic payment on receipt of charter invoice.
Note: the charter costs do not include any fees associated with on-shore activities such as Golf course, clubs and restaurants unless by prior arrangement with Champagne Corporate Charters or charter agent.

3. IF YOU CHANGE YOUR BOOKING
If, after our confirmation invoice has been issued, you wish to change your arrangements in any way we will do our utmost to make these changes, but it may not always be possible. Any request for changes to be made must be in writing signed by the Party Leader or your charter agent. Please check whether your holiday insurance will cover any changes or increased costs resulting from a change. Requests for changes to your booking should be sent to cruise@champagnecorporatecharters.co.nz or to your charter agent, if you booked with them. Charters booked specifically for the purpose of viewing an event (for example regatta or race) will still be considered bound by this agreement in the event of a cancellation by the organisers. All modifications to menu choices or guest numbers must be received within five days before charter date and may involve a modification of cost.

4. IF YOU CANCEL YOUR CHARTER
You may cancel your arrangements at any time. Written notification of cancellation from the Party Leader or your travel agent on your behalf must be received at our offices. Cancellation will be effective on the date it is received by Champagne Corporate Charters. Cancellation charges are payable as follows:

PERIOD BEFORE DEPARTURE WITHIN WHICH NOTICE OF CANCELLATION OR MAJOR CHANGE IS RECEIVED BY US AMOUNT OF CHARGE RELATING TO BOAT CHARTER TIME ONLY
14 days or more 50% of vessel total (deposit only)
7 - 14 days 80% of vessel total
7 days and under 100% of vessel total plus catering deposit if cancellation is made after supplies have been purchased (usually 12 to 24 hours)

Note: If the reasons for your cancellation are covered under the terms of your insurance policy, you may be able to reclaim these charges.

Your deposit is not refundable except in the instance of one of the following:

  • Champagne Corporate Charters agrees in writing that a deposit is refundable
  • If Champagne Corporate Charters vessel becomes unfit for charter (in the case of a mechanical breakdown) a portion of the deposit may become refundable or a “Rain Check” offered.
    .

5. IF WE CHANGE OR CANCEL YOUR CHARTER
The arrangements for charters can be made many months in advance and it is sometimes inevitable that changes or cancellations may need to be made. We reserve the right to make such changes should they become necessary. Most of these changes will be minor and we will advise you of them at the earliest possible date. We will not cancel your arrangements less than 15 days before your departure date, except for reasons of Force Majeure or failure by you to pay the final balance. If we are unable to provide the booked travel arrangements and have had to cancel them before the charter is due to start, you can either:

  • Accept our offer of a replacement charter (subject to availability).
  • Accept a full refund of the money you have paid.

No compensation will be paid nor a replacement charter offered where the change or cancellation is due to Force Majeure. “Force Majeure” means unforeseeable and unusual circumstances beyond our control. Such circumstances or events include (but are not limited to) war or threat of war, riot, civil strife, industrial dispute, unavoidable technical problems with transport, closure or congestion of airports, terrorist activity, natural or nuclear disaster, fire and adverse conditions.
In the event that your charter is cancelled by the skipper due to weather conditions, a “Rain Check” may be offered. No refund will be made.

6. CHARTER TERMINATION AND INDEMNITY
You must 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 the charter arrangements of any client who refuses to comply with the instructions or orders of the company staff, agent or other responsible person or whose behaviour or competence in our opinion is likely to cause distress, damage, danger or annoyance to their crew, other customers, staff, any third party, any person or to property. Upon such termination our responsibility for your charter 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 the vessel caused by any of the guests of your charter. The Skipper shall be responsible for the running of the vessel and for the safe navigation of the vessel, and the charterers will abide by his decisions in regards to sailing, navigating, anchorage etc. Use of any illegal substances on the charter will result in instant termination of the charter, forfeiture of any monies paid and possible further criminal charges.

7. DESTINATIONS
The course of the vessel taken during the charter is at the sole discretion of the Captain in conjunction with Maritime Law and Local Harbour By-Laws. Not guarantee is given or implied by Champagne Corporate Charters that travelling to a destination is possible but every effort will be made to meet destination requirements.

8. ALCOHOL
Liquor Licensing Authority states that no intoxicated persons shall be served alcohol from the on board bar. The Captain may use his/her discretion to prohibit intoxicated persons from boarding or may remove such persons to harbour once they are on board.

9. IF YOU HAVE A COMPLAINT
If you have a problem during your charter, please inform a relevant member of our staff immediately, who will endeavour to put things right. If your complaint is not resolved locally, please follow this up within 28 days of your charter in writing to our Company, giving your booking reference and all other relevant information. It is strongly suggested that you communicate any problem to our crew without delay and complete a report whilst at the base. 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 charter and this may affect your rights under this contract. It is unlikely that you will have a complaint that cannot be settled amicably between us. 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. This will be done to ensure an outcome can be achieved with a minimum cost to both parties.

On behalf of the Champagne Corporate Charters team, thank you for chartering MV Nirvana.

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