Terms and Conditions
Paper Sailors Rock Pty Ltd
ABN 9064116132
1. Definitions
a. “Paper Sailors Rock” means Paper Sailors Rock Pty Ltd ACN 641 164 132
b. “you”, “your”, “customer” and “customers” means the person listed on the Booking Form
c. “Booking Form” means the form attached to these terms and conditions setting out the details of your event
d. “Estimated Event Charge” means the estimate of the event charge specified in the booking form
e. “event” means the event as set out in the Booking Form
f. “Wavier Form” means the form as attached to these terms and conditions
2. Acknowledgement
3. Booking & deposits
A booking will be deemed confirmed by Paper Sailors Rock when;
a. You have paid 50% deposit of the Estimated Event Charge to Paper Sailors Rock; and
b. You have signed and returned the Booking Form; and
c. You have signed and returned the Waiver Form; and
d. You have signed and returned a copy of these terms and conditions to Paper Sailors Rock
All of these criteria must be satisfied within 14 days of issue, and Paper Sailors Rock reserves the right to offer the event to other customers if these items are not received within such period.
You acknowledge the payment of 50% deposit of the Estimated Event Charge is required to secure your booking in the event.
4. Payment terms
Unless otherwise agreed in writing with Paper Sailors Rock, you must pay Paper Sailors Rock the fees as set out below:
a. A deposit equal to 50% of the Estimated Event Charge within 14 days of Paper Sailors Rock issuing a tax invoice; and
b. The balance of the Estimated Event Charge and any other fees as required by Paper Sailors Rock no later than 30 days before the date of the event.
In the event the fees are not paid on time, Paper Sailors Rock has the right to terminate this agreement by providing written notice to you and to retain all fees paid to it at such time.
You will not be permitted to participate in the event until all fees required by Paper Sailors Rock have been paid.
5. Charges and GST
All rates are given in Australian dollars and are inclusive of goods and services tax.
If any additional or increased taxes or levies are introduced after the date of the Booking Form, Paper Sailors Rock reserves the right to require payment of the relevant additional amount.
6. Prohibited behaviour
a. Safety Authority
Paper Sailors Rock has full discretion over all matters relating to the safety of you, other customers, and crew participating in the event.
b. Non-Compliance
If you fail to comply with any decision made by Paper Sailors Rock, or if you interfere with the safety or operation of the event, Paper Sailors Rock may, at its absolute discretion and without notice, direct you to leave the vessel at the nearest port or prohibit your continued participation in the event. No refund will be provided in such circumstances.
c. Smoking
All Paper Sailors Rock services are strictly non-smoking. Smoking is not permitted aboard the sailing vessel Fika at any time.
d. Alcohol
No alcohol is to be consumed while sailing or during any coastal passage. The crew of Paper Sailors Rock will determine when it is safe for alcohol to be consumed.Alcohol must always be consumed responsibly, and Paper Sailors Rock reserves the right to request that you cease drinking at any time.Intoxicated guests will not be permitted to board the vessel or participate in the event.
e. Illicit Drugs
No illicit drugs or unauthorised medications are to be consumed. Paper Sailors Rock has absolute discretion to request that you leave the vessel immediately if this clause is breached.
f. Unruly Behaviour
If you exhibit unruly behaviour, use illicit drugs, or are intoxicated, Paper Sailors Rock may, at its sole discretion:
(i) terminate the event;
(ii) direct you to leave the vessel at the nearest port; or
(iii) contact the Water Police.
No refund or credit will be issued to any customer(s) responsible for such behaviour.
7. Cancellation by customer
Should you cancel or postpone your event, the following fees apply:
a. If you cancel 60 or more days prior to the event, 10% of the Estimated Event Charge will be retained by Paper Sailors Rock (for administration and bank fees) and the balance refunded to you;
b. If you cancel within 30-60 days’ of the event, 30% of the Estimated Event Charge will be retained by Paper Sailors Rock and the balance refunded to you;
c. If you cancel within 14-30 days’ of the event, 70% of the Estimated Event Charge will be retained by Paper Sailors Rock and the balance refunded to you ;
d. If you cancel within 0-14 days’ of the event, 100% of the Estimated Event Charge shall be payable/retained by Paper Sailors Rock and no refund will be provided.
It is recommended that you take out travel insurance for cancellations outside of your control.
8. Cancellation by customer due to contraction of covid
Notwithstanding clause 7 herein, in the event you cancel your event due to contraction of COVID-19 or changes in travel border restrictions, Paper Sailors Rock may at its absolute discretion issue you a credit for the amount paid. Such credit, if issued, must be applied towards other products of Paper Sailors Rock within 12 months from the date of issue after which time it shall expire.
9. Indemnity
You are responsible for and must indemnify Paper Sailors Rock for:
a. Loss or damage to the property of Paper Sailors Rock caused by you ;
b. The cost of repairing and making good any damage to the property of Paper Sailors caused by you ; and
c. Any breakage of glassware.
10. Cancellation by Paper Sailors Rock
The events offered by Paper Sailors Rock are outdoor activities and may be subject to inclement weather conditions. In the event Paper Sailors Rock determines that an event should not proceed due to incremental or unsafe weather, then:
a. The event will be postponed to an alternate date as scheduled by Paper Sailors Rock; and
b. You will be provided with one opportunity to apply the fees paid for the event (less any catering costs, skipper fee and 10% of the Estimated Event Charge) towards the rescheduled date; and
c. If you cancel your rescheduled event, all monies paid will be forfeited; and
d. Catering orders will not be refunded, but Paper Sailors Rock may agree for the delivery of catering to an alternate location.
Rain or lack of wind is not cause for postponement.
11. Cancellation by Paper Sailors Rock not due to weather
In the unlikely event of a cancellation initiated by Paper Sailors Rock that is not due to incremental or unsafe weather:
a. You will be offered to have the event rescheduled to an alternate date; and
b. If the alternate date offered is not suitable, you will be provided a full refund of all fees paid and this agreement shall come to an end.
12. Theft and damage
Paper Sailors Rock is not responsible for the theft, damage or loss of any goods brought into its property. Paper Sailors Rock discourages any customers from bringing valuable items to the event.
13. Medical condition
You warrant that you have disclosed all pre-existing medical and physical conditions to Paper Sailors Rock.You release and indemnify Paper Sailors Rock from all present and future claims, costs and liabilities due to your failure to disclose any pre-existing medical condition(s).
14. Breach of contract
In the event you breach any term of this contract, Paper Sailor Rock may terminate this agreement and forfeit all monies paid.
You agree to indemnify Sailors Rocks, its employees and officers, from all present and future claims, liabilities and costs caused by your:
(i) Failure to follow any reasonable direction given by Paper Sailors Rock and its employees;
(ii) Failure to comply with any of these terms or conditions;
(iii) Failure to comply with any warning sign;
(iv) Unreasonable or unsafe behaviour;
(v) Wilful misuse of the equipment or facilities of the vessel;
(vi) Intoxication or the use of prohibited drugs.
15. Acceptance of risk
When you book in for any of the services offered by Paper Sailors Rock, you acknowledge that Paper Sailors Rock operates in unpredictable outdoor environments. As a participant, you agree to accept the inherent risks and dangers associated with any activity in which you participate with Paper Sailors Rock and the accompanying risk of injury, death, illness or property loss or damage.
Further, you acknowledge and accept that sailing carries inherent risks such as those arising from physical exertion, slips and falls, adverse weather conditions, equipment failure and remoteness from medical services.
You agree to release and indemnify Sailors Rocks, its employees and officers, from all present and future claims, liabilities and costs caused by these inherent risks.
16. General matters
a. This agreement shall bind the heirs, executors, administrators, legal personal representatives, and permitted assigns of the parties.
b. No variation of this agreement will be effective unless it is in writing and signed by all parties.
c. Jurisdiction
These terms and conditions are governed by the laws of Victoria. The parties submit to the non-exclusive jurisdiction of the Courts of the State of Victoria and the Courts of the Commonwealth of Australia.
d. Severability
If any term, or part of a term, is held to be invalid, unenforceable, or illegal for any reason, that term or part will be deemed severed, and the remainder of these terms and conditions will continue in full force.
e. A reference to a document or agreement includes that document or agreement as amended, novated, supplemented, varied, or replaced from time to time.
f. Words in the singular include the plural, and words in the plural include the singular.
g. Words importing the masculine, feminine, or neuter gender include all other genders.
h. If any party consists of more than one person, those persons are bound jointly and severally.
i. A reference to “$” or “dollars” means Australian dollars (AUD).