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, vehicle transfers and charters as well as other events such as SCUBA diving, guided tours, adventures, caterers, restaurants and accommodation (herein referred to as “Other Events” ) made with Silver Wave Yachts Limited t/a Silver Wave Yacht Charters (herein referred to as “us”, “we” or “our”) and should therefore be read carefully.  

For Other Events, including SCUBA diving, guided tours and other third-party services, we act solely as the booking agent and/or transport provider for the relevant independent operator. The relevant operator contracts directly with you for the provision of those services and is solely responsible for their delivery, safety management and compliance with all applicable laws and regulations. By booking such services, you agree to the terms and conditions of the relevant operator in addition to these Terms and Conditions. 

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 liable for all obligations arising from the booking. 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 andConditions 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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A 50% deposit is required to confirm your booking. The balance must be received no later than 28 days before your booked date. If the booking is made less than 29 days before departure, the full amount must be paid upon booking. If the balance is not paid on time, we may cancel your arrangements and retain your deposit, as well as all amounts paid by you at that time. Special Events sold on a ticketed basis must be paid in full at the time of booking.  

When a charter deposit is paid via card, you authorise us to charge the balance payment from this same card together with any applicable merchant fees disclosed at the time of booking, once it becomes due, ordinarily 28 days before the booked date. Ifyou would like to make the balance payment via an alternative payment method, please let us know before the balance is due. These payment terms may bedifferent for bookings coinciding with Special Events. Please make a bank transfer or automated payment upon receiving the booking invoice. Although we make every reasonable effort to keep rates current on our website, they may not always be accurate due to seasonal and other changes. The prices stated in our invoice, which you agree to, will prevail. 

All meal selections must be received by us at least 14 days before the booked date. If guest meal selections have not been made, we will select meals on the guest’s behalf, keeping in mind any dietary requirements we have been made aware of.

3. IF YOU CHANGE YOUR BOOKING
‍If you wish to change your booking arrangements after the booking confirmation has been issued, we will make every reasonable effort to accommodate your desired changes. However, it may not always be possible; in that case, you will remain liable to us under these booking terms. Any requests for changes 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 may result in a cost adjustment.
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‍4. IF YOU CANCEL YOUR BOOKING
‍You may cancel your arrangements at any time, 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 we receive it. Cancellation charges are payable as outlined later in this clause. 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:
• The schedule below states that you are due a refund, or
• Clause 5a) below applies, and we, acting reasonably, decide to offer a refund. 

Any refund due under these Terms and Conditions shall be less any non-recoverable third-party costs already incurred by us on your behalf, including but not limited to catering, transport, accommodation, guides or other booked services.
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Period before  departure within which notice of cancellation or major change is received by us: Amount of charge
Greater than 90 days: 25% of total  booking cost
90 - 29 days: 50% of total  booking cost
28 days or less: 100% of total  booking cost
Special Events: Non-refundable if cancelled by you

‍5. IF WE CHANGE OR CANCEL YOUR BOOKING
‍a. The arrangements for bookings are often 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 as soon as possible. We will do all we reasonably can to avoid cancelling your arrangements less than 15 days before your departure date. However, subject to clause 5b) 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.  

c. If we cancel your booking because of a captain or operator decision due to weather conditions (including high winds, sea state or other safety considerations), we will first offer a replacement booking, subject to availability. If a mutually acceptable replacement date cannot be agreed within 12 months of the original booking date, we may offer a refund.

d. 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, drivers, guides, other customers, staff or any third party, any person or to property. Upon such termination, our responsibility for your booking will cease, and we shall not be liable for any additional costs incurred by you.  

You agree to indemnify us against all loss, damage, liability, costs and expenses arising from any act or omission of you or your guests, including damage to vessels, vehicles, equipment, wharves, marina facilities or third-party property.

The captain, driver or operator shall be responsible for the operation of the vessel, vehicle or experience and for its safe conduct. Guests must comply with all lawful directions given by the captain, driver or operator regarding navigation, driving, destinations, activities, safety and operational matters.

The use of any illegal substances during the booking will result in the instant termination of the booking, forfeiture of all paid monies, and possible criminal charges from the New Zealand Police if we choose to lodge a complaint (which, by law, we maybe required to do).
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‍7. LIABILITY AND RISK
‍By confirming a booking with us, you acknowledge that you have read, understood, and accept the risks identified in our Risk Disclosure Statement, which can be found here:https://www.silverwave.co.nz/risk-disclosure-statement 

Passengers must ensure that seatbelts are worn where fitted and required by law and must comply with all applicable transport safety requirements.

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 individuals have full insurance covering any injuries they might suffer, including medical treatment, before undertaking any such activity. In the case of e-foiling and jet ski hire, we strongly recommend that your insurance includes liability cover. 

In cases where we act as agents 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. 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, 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 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. E-FOILING AND JETSKI ACTIVITIES
‍The use of e-foils and jetskis is offered as an optional activity and is subject to availability, weather conditions, sea state, and the sole discretion of the captain or instructor. Participation in these activities is entirely voluntary and undertaken at the participant’s own risk. All participants must comply with the instructions of the captain and crew at all times and must operate the equipment in a safe and responsible manner. 

As a condition of participation, each participant must complete and accept our online liability waiver before using any e-foil or jetski equipment. The waiver can be viewed and completed at: https://waiver.smartwaiver.com/w/c8rd9ih1b1pzjp7nrvvubb/web/ 

Failure to complete the required waiver prior to the commencement of the activity will result in the participant being ineligible to participate, and no refund or compensation shall be payable. 

We reserve the right to refuse or terminate participation in these activities for any person who, in the opinion of the captain or instructor, is under the influence of alcohol ordrugs, behaves in an unsafe manner, fails to follow instructions, or is otherwise considered unsuitable to participate. No refund or compensation will be payable where participation is refused or terminated for these reasons. 

To the maximum extent permitted by law, we accept no liability for any injury, loss, damage or expense arising from participation in e-foiling or jetski activities, except where such liability cannot legally be excluded. 

‍9. SCUBA DIVING ACTIVITIES
‍Where SCUBA diving activities are offered as part of a booking, such activities are conducted by an independent third-party dive operator and not by us. Our role is limited to providing marine transport and may include surface support. 

Our responsibilities are limited to the safe operation of our vessel and, where applicable, the provision of agreed surface support services. Our responsibilities do not extend to dive instruction, supervision, equipment, dive planning or underwater activities. 

All dive instruction, supervision, dive planning, equipment provision, safety management and the conduct of diving activities are the sole responsibility of the independent dive operator. Participants are required to complete all documentation, acknowledgements and liability waivers required by the dive operator as a condition of participation. 

You acknowledge that decisions regarding fitness to dive, dive planning, environmental conditions and the continuation or cancellation of any dive remain solely with the independent dive operator and not with us. 

To the maximum extent permitted by law, we accept no responsibility or liability for any injury, death, loss, damage, delay, expense or claim arising from or in connection with any SCUBA diving activity or the services provided by the independent dive operator, except to the extent directly caused by our own negligence.

10. VEHICLE TRANSFERS AND CHARTERS
Vehicle departure and arrival times are estimates only and may be affected by traffic conditions, road closures, weather events or other circumstances beyond our reasonable control. While every reasonable effort will be made to operate to schedule, we accept no liability for delays or for missed flights, ferry departures, tours, accommodation check-ins or other onward travel arrangements resulting from such circumstances.

11. ITINERARIES AND DESTINATIONS
The route, itinerary, destination, timing and operation of any vessel, vehicle or Other Event are subject to weather conditions, sea state, tides, traffic conditions, road closures, local restrictions, safety considerations, operational requirements and other circumstances beyond our reasonable control.
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The skipper, driver or operator has absolute discretion regarding the safe operation of the vessel or vehicle and the conduct of the experience. We reserve the right to vary or cancel any route, destination, activity, timing or itinerary where, in our reasonable opinion, it is necessary for safety, operational reasons or circumstances beyond our control.
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While every reasonable effort will be made to deliver the booked experience and visit requested destinations, no guarantee is given or implied that any particular destination, activity or timing can be achieved. No refund shall be payable where an itinerary is reasonably varied for safety or operational reasons provided that a substantially similar experience is delivered.

12. PICKUP AND DROP-OFF LOCATIONS
For vehicle transfers and private vehicle charters, pickup and drop-off locations will be as agreed at the time of booking. We reserve the right to vary these locations where necessary due to traffic conditions, road closures, safety concerns, access restrictions or other circumstances beyond our reasonable control. Reasonable waiting time is included. Additional waiting time beyond that reasonably contemplated at the time of booking may incur additional charges.

For vessel charters, our standard pickup and drop-off points included within the charter fee are Paihia Wharf, Waitangi Wharf, and Russell Wharf. These locations are typically safe and reliable under normal conditions. However, on occasion, a selected location may become unsuitable due to weather, limited berth availability, or unforeseen wharf closures. In such cases, we reserve the right to substitute an alternative pickup or drop-off location, without liability for any consequential costs incurred by the client. We may also elect to embark or disembark guests via a tender transfer, if required.

We will endeavour to accommodate custom vessel pickup or drop-off requests (locations outside our standard three). However, we reserve the right to revert to one of the standard locations if, in our professional judgment, weather conditions or safety concerns prevent the custom location from being used. For bookings during the peak season (1st November to 31st March), the custom pickup/drop-off fee remains payable even if the location is changed to a standard wharf due to weather or safety concerns. For bookings between 1st April and 31st October, this fee will be refunded if the change is required due to weather or safety concerns.

‍13. ALCOHOL
We promote the responsible consumption of alcohol. All guests must comply with the Sale and Supply of Alcohol Act 2012 and any directions given by the captain or crew. 

No person who is intoxicated will be served alcohol or permitted to consume alcohol on board. The captain or crew may, at their sole discretion, refuse boarding to, refuse service to, remove from the vessel, or terminate the participation of any person who appears intoxicated, aggressive, disorderly or whose behaviour is likely to compromise the safety or enjoyment of others. 

The captain or crew may suspend or cease the service or consumption of alcohol at any time where they consider it necessary for safety, legal compliance or the proper operation of the vessel. Any alcohol brought aboard by guests may be confiscated or removed if, in the opinion of the captain or crew, its continued consumption presents a safety or legal risk. 

No refund or compensation shall be payable where boarding is refused, alcohol service is ceased, or a charter is terminated as a result of a guest’s intoxication orbehaviour. 

‍14. DRONE PHOTOGRAPHY
‍The use of drones or other aerial imaging devices by guests is permitted only with the prior approval of the captain and where such use does not interfere with the safe operation of the vessel, the privacy of other guests, or applicable aviation or maritime regulations. 

15. PERSONAL PROPERTY
Guests are responsible for the security of their own personal belongings at all times. We accept no responsibility for loss, theft or damage to personal property unless directly caused by our negligence.
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Property left aboard a vessel or vehicle will be retained for a reasonable period where practicable. Any costs associated with locating, storing or returning lost property may be charged to the owner.

16. OVERDUE ACCOUNTS
‍Any invoice not paid by the due date will incur interest at the rate of 4% per month,calculated monthly from the due date until payment is received in full. 

You agree to reimburse us for all reasonable costs incurred in recovering overdue amounts, including (without limitation) debt collection agency fees, legal costs on a solicitor-client basis, court filing fees, enforcement costs and any other expenses incurred in recovering the debt. 

Any payments received will first be applied to recovery costs and accrued interest before being applied to the outstanding principal. 

You shall remain liable for all recovery costs and accrued interest notwithstanding any part payment, payment arrangement or settlement agreement, unless expressly agreed otherwise by us in writing.

‍17. IF YOU HAVE A COMPLAINT
‍If you have a problem during your booking, please inform a relevant member of our staff or a crew member immediately, who will do their best 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 claims or disputes 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 unable to investigate and rectify your complaint while 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. Except where prohibited by law, you agree to first attempt resolution through the process outlined above before commencing legal proceedings. We may commence any other form of legal proceedings against you if you owe us money.

‍18. GOVERNING LAW & ASSIGNMENT
‍ Our Terms and Conditions, as well as 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, along with all contract terms (including our invoice and related terms), constitute the entire contract 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.