Terms & Conditions

Booking Terms & Conditions

BOOKING TERMS & CONDITIONS
‍These Terms and Conditions (“Our Terms and Conditions”) apply to any booking, including boat charters and cruises, 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.
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For Other Events, we act as the agent for the relevant third-party services provider on the basis that their own contract terms apply directly 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 that coincide with any Special Event (e.g. including but not 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.
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‍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 accepted Our Terms and Conditions and all other booking terms as may be specified in writing by us.
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‍2. YOUR BOOKING
‍The prices for our services are in New Zealand Dollars. Prices are accurate at the date of publication.
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‍Private Charters
‍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 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 you would need to agree to any such changes.

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. When a charter deposit is paid via card, the balance payment will be automatically deducted from this card 14 days prior to the commencement of the charter unless we are advised prior to this due date that you would prefer to pay the balance via an alternative payment method. 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 bookings coinciding with Special Events. Please make bank transfer/ automated payment upon receipt of the 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 is not always displayed on our website. The prices stated in our invoice, which you agree to, will prevail.
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‍Shared Cruises
‍As is normally the case with shared group tours, we rely on a minimum number of guests being booked on the experience to ensure that they make a profit. For this reason, any shared cruise bookings are not confirmed until the minimum number has been met. Prior to the booking being confirmed, you may cancel your booking at no cost to you by emailing info@silverwave.co.nz.

It is possible that we may receive a confirmed private charter booking prior to a shared cruise reaching the minimum number of guests required to confirm the sailing. In this case, the shared cruise will not proceed, and we will offer an alternate date wherever possible, assist in booking you on an alternate experience, or cancel your booking at no cost to you.

When booking online or over the phone, your card details will be requested. Your card will not be charged until the minimum guest number has been met. At this point, your booking will be confirmed. You will receive an email advising of the booking confirmation.

3. IF YOU CHANGE YOUR BOOKING
‍If you wish to change your booking arrangements in any way after the booking confirmation has been issued, we will use all reasonable efforts to try to make your desired changes. However, 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 received via email 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 info@silverwave.co.nz. All modifications to menu choices, catering plans or requirements, or guest numbers must be received at least 14 days before the 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.
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‍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 info@silverwave.co.nz. Cancellation will be effective on the date it is received by us. Cancellation charges are payable as set out in this clause below. 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. Refund processing fees may be deducted by us:
• The schedule below state that you are due a refund; 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.

Because of the other contract terms referred to in the first paragraph above, it is possible that other third-party cancellation charges may apply to bookings, including Other Events.

Private Charters schedule
‍Period before departure within which notice of cancellation or major change is received by us - Amount of charge
183 days or more - 25% of total booking cost
182 - 15 days - 50% of total booking cost
14 days or less - 100% of total booking cost
Special Events - All deposits and all other amounts paid to us are non-refundable if you simply elect to cancel
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‍Shared Cruises schedule
‍Period before departure within which notice of cancellation or major change is received by us - Amount of charge
Prior to us confirming the booking or more than 90 days - 0% of total booking cost
After booking confirmation and less than 90 days but more than 72 hours - 25% of total booking cost
After booking confirmation and less than 72 hours - 100% of total booking cost
Special Events - All deposits and all other amounts paid to us are non-refundable if you simply elect to cancel  

‍5. IF WE CHANGE OR CANCEL YOUR BOOKING
‍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, 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 booking 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 your booking's guests.

The skipper or operator shall be responsible for the running of the vessel, vehicle, or Other Event and for its safe navigation, and the guests will abide by his or her decisions regarding 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, paddle boarding, snorkelling and scuba diving, windsurfing, surfing, jet skiing and other sporting and outdoor activities. You and all members of your party must be competent to use the 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 the case of jetski hire, we strongly recommend that your insurance include liability cover.

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 that exceeds that dollar amount (less tax) that 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 Yachts 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 vessel, vehicle or Other Event is responsible for their own Liquor Licenses and General Manager's Certificates.  Liquor Licensing Authority rules state that no intoxicated person shall be served alcohol.

The captain, staff 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, staff and operator are required by law to prevent intoxicated persons from consuming alcohol or being 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 up in writing with our Company, giving your booking reference and all other relevant information. After that 28-day period, you agree not to raise any further claim or dispute with us.  

It is strongly suggested that you communicate any problem to the crew or staff without delay and complete a report. If you fail to follow this simple procedure, we will be 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 that 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 we have pre-approved them in writing, 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 the 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.