Sailing by Design is owned and operated by TIGIAC Pty Ltd ACN 69 355 868 726.
By placing an order, purchasing products and services or making a Booking (“Booking”), you expressly agree to be bound by these terms, conditions and disclaimers as amended from time to time (“Terms & Conditions”). Should you object to any of these Terms and Conditions (including any subsequent amendments), you must not proceed with your Booking.
When you (“Customer”) place an order or make a Booking for your Charter Event (“Event”), you will be asked to supply certain information (“Customer Information”) including personal details, credit card details, as well as the number of guests and the nature of your Event.
When you make a Booking, Sailing by Design reserves the right to accept or reject the Booking for any reason, including, without limitation, the unavailability of any vessel, product or service, an error in the price or the product or service description posted on this web site or an error in your Booking.
Without limitation, Sailing by Design may be unable to confirm a Booking because of our inability or the provider’s inability to take the booking as a result of the Vessel being fully booked or otherwise.
Sailing By Design reserves the right, in its absolute discretion, to allocate an alternative vessel, product or service to that booked by you. Where possible, the alternative vessel, product or service will be as similar to the product or service originally booked by you.
When making a Booking, a deposit equal to 50% of the total Charter Fee (“Charter Fee”) is required. All bookings made within 14 days of Charter date require payment in full at the time of Booking.
If your Booking is accepted, Sailing by Design will send you an e-mail or telephone you, to provide you with confirmation of your Booking. If you are making payment by credit card, Sailing by Design will provide you with confirmation when your credit card payment is processed.
Once you receive confirmation of your Booking, the vessel, products and/or services booked are non-refundable and non-exchangeable, except as required by law, or as stated below under Cancellations and Postponements.
Prices of vessels, products and services and any charges displayed on this web site are current at the time of issue, but may change at any time and are subject to availability.
Final guest numbers and the final balance of the Full Charter Fee (including skippers fees, catering, wharf fees, additions, etc) is required 10 days prior to the Charter unless otherwise agreed. The final guest numbers specified by the Customer at least 10 days prior to the Charter will be deemed the minimum number of guests for catering charges. After this time the guest numbers may increase if agreed by the Customer and Sailing by Design , however they cannot decrease. Any additional passengers on the day are charged accordingly. For payments within 7 days of Charter date, the agent has the right to charge the credit card provided by the Charterer to ensure funds are provided in sufficient time.
For New Year’s Eve, Sailing by Design has the right to charge the credit card 14 days prior to charter to ensure funds are provided in sufficient time.
If final payment has not been received 2 days prior to the Charter date, the Charter will be deemed as cancelled and there will be no refunds for any monies paid. Direct Deposit or Visa, Mastercard, and AMEX are accepted payment methods. Credit Cards will incur a merchant fee percentage on the full payment amount.
Any additional charges on the day of service are to be immediately charged to the credit card provided by the client. This includes but is not limited to extensions of Charter, additional guests, additional services, payment-on‐consumption beverages, waiting time for embarking and disembarking at wharves, water taxis and any other additional charges notified by the Crew.
Quotes are valid for 14 days only. Suitable vessels are sourced for each quotation to ensure their availability at that time. A vessel can become unavailable at any time after the quotation is issued due to the receipt of a deposit by another party. In these situations, Eastcoast Sailing will make every effort to source a similar vessel.
Tentative reservations will be held in good faith for up to 7 days pending payment of a deposit, or until another party wants to book the same vessel, whichever is sooner. The Booking is not secured until a deposit has been received.
A credit card security bond of $1,000 is necessary prior to departure of your Event. The security bond may vary depending on your vessel choice. The transaction is preauthorised but not banked. The preauthorisation will be released upon final inspection following the Event, minus the cost of any loss, theft or damage to the Boat.
“Damage” to the Boat includes, but not limited to, the damage whowsoever caused by guests to the Vessel or fittings, damage or breakage to all items and accessories on board, damage or breakage to catering utensils (such as plates, bowls, glasses etc).
Specifically, marine toilets are susceptible to blockages due to misuse. Remediation of toilet blockages carry a minimum fee of $400 which will be taken from the Security Bond.
For boats that are excessively dirty due to guests, including guests vomit, a cleaning charge may apply, which will be taken from the Security Bond.
Sailing by Design reserves the right to withhold the security bond for up to 14 days following completion of the Event. Further, Sailing by Design reserves the right to pursue the Customer for further payment if additional monies, above the amount of the security bond, are required to cover the costs of damage repair.
Any cancellation requires written notice from you to us, and written confirmation from us, that the Booking is to be cancelled.
There are no exceptions to our Cancellation policy. If you do not agree to these Cancellation Terms and Conditions, please do not proceed with your Charter Booking.
Postponements requested by you cannot be guaranteed. They will be subject to approval by Sailing by Design. Any postponement request must be made in writing.
You will have one opportunity to reschedule if you choose to postpone. You will have a specified time frame in which to reschedule your Charter Event.
Unsafe weather as determined by Sailing by Design, in our absolute discretion, cause postponement of the charter on the day. Rain or lack of wind is not cause for postponement. Postponements initiated by Sailing by Design will be rescheduled at the earliest convenient date as discussed with and approved by you. Deposits will be withheld for the future booking.
Catering Orders will not be refunded, and where applicable, arrangements may be agreed for the delivery of Catering to a mutually convenient location.
Sailing by Design may substitute another Vessel for the original Vessel contracted, and shall not incur any penalty, provided the Vessel satisfactorily provides the original services contracted. If no other vessel is available, a full refund will be provided.
The following items are not permitted on any charter Vessel due to the possibility of damage to the Vessel.
Under no circumstances may Vessels be moved off moorings or from anchorages during Overnight Stays without a Sailing By Design Skipper. Water taxis are available on the harbour by calling via your own mobile phone, or by prior arrangement with Sailing by Design.
A call out fee is applicable for any Vessel requiring a call out or evacuation, for any reason, of $500 during day charters or $1000 for overnight calls after 7 pm.
Swimming off a boat is a wonderful experience, but it can be a hazardous activity. Some Vessels do allow swimming off the boats. If your Charter Vessel allows swimming off the boat, and your vessel is at anchor, and your Skipper confirms you may enter the water, then you may swim at your own risk.
You warrant that all the Customer’s guests entering the water are strong swimmers.
Swimming carries the risks of, and not limited to ; sharp objects (such as rocks, coral and oysters), other passing boats, and dangerous marine life, as well as other unforeseen circumstances.
If you do not accept these risks, do not swim off the Vessel.
Boating, Sailing and cruising can be a hazardous activity. These Risks may arise from, but not limited to the following : Vessel movement, slippery decks, sailing yachts heeling and sail changes, ropes and lines on deck. Additionally, Guests must be mindful at all times of their environment and must exercise all due care when negotiating boardings, stairs, ladders, toilet areas and general movements around the vessel especially while carrying hot beverages or glass.
Whilst your Skipper is committed to make the Event as safe as possible, you agree to accept these risks. If you do not accept these risks, do not proceed with your booking.
Unruly or rowdy behaviour is not acceptable, and is against the law. It is the responsibility of the Customer that their guests comply with the responsible consumption of alcohol, whether it be a licensed or un-licensed vessel. Intoxicated guests will not be permitted to board the Vessel.
Drug use is illegal, and is strictly prohibited on board Sailing by Design Vessels.
If you or your Guests exhibit unruly behaviour, or are using drugs, the Vessel’s Skipper, at their sole discretion, may : (i) terminate the charter, and off-load all guests at the nearest wharf, (ii) contact the water police, (iii) off-load the offending guests at the nearest wharf.
There will be absolutely no refund or credit, for alcohol or drug related, or behaviour issues with Guests.
For licensed Vessels:
Sailing by Design is bound by the NSW Liquor Act and must abide by the guidelines for the Responsible Service of Alcohol. The Crew must refuse service of alcohol to both intoxicated persons and guests under the age of 18. The Crew may refuse service of alcohol to any individual at their absolute discretion at any time. The Crew has the right not to serve shots or doubles under any circumstances. Whenever alcohol is served on a Vessel, substantial food must also be provided to satisfy the RSA obligations. Light snacks such as chips and nuts are not considered to be substantial food. The Crew has the right to refuse passengers boarding if sufficient food is not provided.
The Customer is at all times responsible for the conduct of the Customer’s group. The Customer acknowledges that they have read and understood these Terms and Conditions and have conveyed the relevant terms and conditions to all of the Customer’s Guests prior to boarding.
The course to be undertaken during the Charter may be agreed in advance with the Operator or with the Master on the occasion of the Charter. The Charterer acknowledges that the Master has the sole discretion at all times to take whatever action is necessary to protect and maintain the safety, welfare and good order of the vessel, its passengers and crew with regard to the weather conditions and other activity on the Harbour
The Vessel will dock at the times stated on the booking confirmation. All guests have 15 minutes to board and 15 minutes to disembark from the times stated in the booking confirmation. Any time in excess of this, may be charged at a pro-rata hourly rate.
Throughout the duration of any Event we may take photographic or video images of you and your guests. You acknowledge and consent to our use of any photographic or video image of you and your guests for marketing and promotional purposes. If you do not agree to our use of any photographic or video image of you or your guests, you must tell us before the commencement of your Event.
None of Sailing by Design its related bodies corporate, any of their directors, officers, skipper, master, employees, or shareholders will in any way be liable for any direct, indirect, incidental, special or consequential damages (including in negligence), in accordance with the Limitation of Liabilities and Maritime Claims Act 1989 (Cth),and that any claim for loss or damage must be notified in writing within 7 days from the day of the Charter and any court action, suit or proceeding must be brought within 1 year of that date.
Where any legislation implies in these Terms and Conditions any term, condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in these Terms and Conditions, however, the liability of Sailing by Design for any breach of such term, condition or warranty shall be limited, at the option of Sailing by Design, to any one or more of the following: (a) if the breach relates to goods: (i) the replacement of the goods or supply of equivalent goods; (ii) the payment of the cost of replacing the goods or of acquiring equivalent goods, and (b) if the breach relates to services: (i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again.
You hereby waive, release, forgive, discharge and relinquish any and all claims (including, without limitation, any claims for death or personal injury) that you now have or may have in the future against Sailing by Design, its related bodies corporate, directors, officers, masters, skippers, and employees, shareholders, agents and representatives which are connected with, arise out of, relate to or are incidental to any transaction or services with Sailing by Design
You hereby agree to indemnify, defend and hold Sailing by Design, its related bodies corporate, directors, officers, masters, skippers, employees, shareholders, agents and representatives harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by Sailing by Design, its related bodies corporate, directors, officers, employees, shareholders, agents and representatives arising out of or in connection with the performance of its duties as described in these Terms and Conditions including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
You agree to indemnify and hold harmless Sailing by Design, its related bodies corporate, directors, officers, masters, skippers, employees, shareholders, agents and representatives, from and against any and all losses, claims, actions, costs, expenses, fees, damages, fines and liabilities (including reasonable legal fees) caused by any negligent act or omission by the Customer or members of the Customer’s Group including:
The information contained on this web site is provided by Sailing by Design in good faith on an “as is” basis and solely at your own risk. The information is believed to be accurate and current at the date the information was placed on this web site.
None of Sailing by Design, its related bodies corporate, any of their directors, officers, employees or shareholders makes any representation or warranty as to the reliability, accuracy or completeness of any of the information or ideas contained on this web site (including in relation to any products or services) and none of them accept any responsibility arising in any way (including in negligence) for errors in, or omissions from, the information contained on this web site. To the fullest extent permitted by applicable law, Sailing by Design disclaims all representations and warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose and non-infringement of any intellectual property. Sailing by Design makes no warranty that this web site, any information or ideas contained on this web site or any products or services advertised or available on this web site will meet your requirements.
Your ability to purchase products and services from this the web site may be terminated at any time by Sailing by Design without notice. All restrictions, licenses and the like granted by you and all disclaimers and limitations of liability which benefit Sailing by Design will survive termination.
Unless otherwise indicated, copyright in the information on this web site is owned by Sailing by Design. All rights are reserved. You may download a single copy of the information on this web site that you require for its use as a reference to make an order or place a booking with Sailing by Design. Except as permitted under the relevant copyright legislation or other applicable laws, no part of the information contained on this web site may be otherwise reproduced, duplicated, copied, sold, re-sold, adapted, performed in public, transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) or otherwise exploited for any commercial purpose without the specific prior written consent of Sailing by Design. If you believe that you own the copyright in any work and that work is displayed on this web site without your consent, please contact Sailing by Design and your complaint will be investigated.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia.
If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Sailing by Designs failure to exercise or enforce any rights or provisions of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Sailing by Design in writing.
These terms were last updated on 12 June 2020. Sailing by Design may amend these Terms and Conditions from time to time. Any amendment will be effective immediately upon notification in this section of this web site. Your continued use of this web site or proceeding with your Booking after any amendment becomes effective constitutes an agreement by you to abide by and be bound by these Terms and Conditions, as so amended.
If the Charter is prevented or restricted by reason of fire, storm, flood, earthquake, war, labour dispute, bush fires, smog and air quality, health pandemic, transportation embargo, law, order, directive of the Government or any other condition beyond the reasonable control of Sailing by Design, then the Charter Event will be postponed to another suitable and available date without refunds or compensation.
At Saiing by Design, we are committed to protecting your privacy. When you place an order or make a Booking, you will need to provide us with certain Customer Information. We require this information so that we can process your order or make a booking on your behalf.
Where applicable, in order to process your order or Booking we will need to provide some of your Customer Information to third party providers of any products and/or services that you have chosen. Sailing by Design and/or the provider of the products and/or services may use the Customer Information provided by you to send communications to you about bookings made.
Sailing by Design does not sell, trade, or rent your personal information to other third parties. Sailing by Design may collect aggregate information about our customers, users, sales, traffic patterns, and related site information and provide that to third parties, but these statistics will include no personally identifying information. We may release Customer Information when we believe, in good faith, that such release is reasonably necessary to comply with law, to enforce the terms of any of our legal agreements or to protect the rights, property or safety of Sailing by Design, its customers and users.
Should you have any questions or wish to clarify the meaning of any of these Terms and Conditions, please contact us prior to making your Booking.
Contact Us – (02) 9997 5555
We currently have flexible booking policies due to Covid-19.