Last Updated: 24 July 2025
Boatize Pty Ltd ABN 66 668 255 829 trading as “Constellation Cruises” (Carrier)
1.1 These Terms and Conditions (Terms) govern every quotation, booking and service supplied by the Carrier to a customer (Client).
1.2 If the Client pays the Deposit, boards the Carrier’s vessel or otherwise instructs the Carrier to proceed, the Client is taken to have accepted these Terms.
1.3 These Terms prevail over any Client purchase order or other document, to the extent of any inconsistency.
ACL (Australian Consumer Law) – Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Athens Convention – as enacted by the Carriage of Passengers by Sea Act 2012 (Cth).
Booking / Cruise – the confirmed charter, transfer or event.
Client – the person or entity that contracts with the Carrier.
Passenger – any individual carried on the vessel at the Client’s request.
Quote – the written offer (including price) issued by the Carrier.
Services / Products – vessel charter, catering, staffing, equipment hire, event management, transport and any ancillary services.
Master – the licensed skipper in command of the vessel.
Subcontractor / Substitute Carrier – a third party engaged by the Carrier to perform any part of the Services.
3.1 A Quote is valid for 14 days unless stated otherwise.
3.2 A Booking is secured only when the Carrier receives:
(a) a written acceptance or payment of the Deposit; and
(b) a valid credit-card pre-authorisation (security bond).
4.1 All prices include 10% GST.
4.2 The balance of the contract price is due 28 days before the Cruise.
4.3 American Express and other card payments attract a surcharge limited to the Carrier’s actual cost of acceptance.
4.4 Failure to pay by the due date entitles the Carrier to cancel the Booking and retain the Deposit as liquidated damages.
5.1 Unless stated otherwise in the Quote:
(a) Deposit – 30% of the Contract Price, non-refundable except where the Carrier cancels under clause 13.
(b) Security Bond – A$1,000 or $20 per Passenger (whichever is greater).
5.2 The Carrier may apply the security bond to unpaid charges or damage. Any balance is refunded within 10 business days after the Cruise.
5.3 The Carrier has a contractual lien over Client property on board until all sums are paid.
| Notice given by Client | Charter (private hire) | Public-ticket event |
|---|---|---|
| > 60 days | Deposit forfeited (genuine pre-estimate) | Full credit issued |
| 31 – 60 days | 50% of Contract Price payable | 50% ticket fee payable |
| 8 – 30 days | 75% of Contract Price payable | 75% ticket fee payable |
| ≤ 7 days | 100% of Contract Price payable | 100% ticket fee payable |
6.1 If the cancelled slot is re-sold at equal or higher value the above table does not apply and the Carrier will refund the Client the full amount.
6.2 Date changes constitute a cancellation unless agreed in writing.
7.1 Capacity – MV Constellation is licensed for 407 Passengers. The Client must not exceed this limit and must provide a manifest (full names) 48 hours prior.
7.2 Master’s discretion – The Master alone decides course, speed, berthing, weather routing, RSA compliance and safety matters.
7.3 Embarkation & Disembarkation – The Client has a 15-minute grace period at the end of the Cruise; additional time is charged pro-rata.
7.4 Conduct – Violent, illegal, intoxicated or otherwise dangerous behaviour may result in refusal of boarding or ejection at the nearest safe wharf, without refund and at the Passenger’s expense.
7.5 Alcohol & Responsible Service:
(a) Liquor licence. The vessel operates under NSW Liquor Licence No.LIQO624007522, issued pursuant to the Liquor Act 2007 (NSW).
(b) Sales while berthed. The Carrier is prohibited from selling liquor while the vessel is docked (alongside); service commences only after the vessel is underway unless otherwise allowed by the liquor licence.
(c) Bar closing. All bars on the vessel cease service at least ten (10) minutes before the scheduled disembarkation time.
(d) No BYO—except by prior written agreement. Passengers must not bring liquor on board unless the Carrier grants written approval in advance (typically limited to private charters, subject to corkage, RSA staffing and no-spirits restrictions). Any unauthorised alcohol discovered during discretionary bag/parcel searches will be confiscated and returned after the Cruise.
(e) Take-away prohibition. Passengers must not remove liquor from the vessel on disembarkation.
(f) Age & majority rules. Alcohol is served only to persons aged 18 years or over who produce acceptable proof of age. If the majority of passengers are under 18, no alcohol will be served to anyone on board.
(g) Food requirement. All alcoholic consumption must be accompanied by “substantial” food. Where the Client elects BYO catering it is the Client’s responsibility to ensure compliance.
(h) RSA escalation protocol. The Carrier follows a three-step Responsible Service of Alcohol procedure:
(i) Verbal warning;
(ii) Service refusal;
(iii) Disembarkation at the nearest safe wharf and/or police involvement.
(i) Intoxication. The Master or RSA-qualified staff may refuse boarding to, or eject, any intoxicated Passenger without refund.
(j) Security & ID validation. The Carrier may require additional licensed security personnel and/or electronic ID scanning at the Client’s cost where the Passenger profile warrants it.
(k) Variation. The Carrier may vary this clause to comply with licence conditions, Police, or Liquor & Gaming NSW directions.
7.6 Smoking / Vaping – Prohibited in enclosed areas in accordance with the Smoke-free Environment Act 2000 (NSW).
7.7 Dangerous goods – No explosives, flares, drones, weapons or hazardous substances may be brought on board without written approval.
7.8 Catering – Where the Client provides food:
(a) galley-hire fee A$250; combined equipment/rubbish-removal A$500;
(b) at least one Carrier staff member (A$250) must supervise use of galley facilities;
(c) Client supplies all crockery, cutlery, linen and removes leftover food.
8.1 The Carrier may engage Subcontractors or a Substitute Carrier on substantially the same terms; the Carrier will remain responsible for performance of the contract terms with the Client.
9.1 Provide accurate dates, times, pick-up points, dietary requirements and emergency contact details.
9.2 Ensure minors are supervised by a responsible adult at all times.
9.3 Comply with all directions of the Master and crew.
10.1 The Carrier holds vessel P&I and public-liability cover of A$20 million. Certificates available on request.
10.2 The Client is encouraged to obtain event-cancellation and property-damage insurance at its own cost.
11.1 Nothing in these Terms limits any non-excludable right or remedy under the ACL.
11.2 Where the Client acquires the Services for business purposes and the Contract Price exceeds A$100,000, the statutory guarantees in ss 60-62 ACL do not apply (s 3(2) ACL).
11.3 To the maximum extent permitted by law and subject to clause 11.1, the Carrier’s liability for loss or damage (other than personal injury or death) is limited:
(a) in the case of goods – to replacement or supply of equivalent goods;
(b) in the case of services – to resupply of the services or refund of the price paid.
11.4 For personal injury or death, liability is limited in accordance with the Athens Convention as enacted (currently 175 000 SDR per Passenger).
11.5 The Client indemnifies the Carrier against third-party claims, and against property damage caused by the Client or its Passengers, arising from:
(a) breach of these Terms;
(b) failure to follow crew directions;
(c) wilful misconduct, unsafe behaviour, intoxication or use of prohibited drugs.
11.6 The indemnity does not extend to loss caused by the Carrier’s negligence.
12.1 If performance of the Booking / Cruise is prevented or materially hindered by an event beyond the Carrier’s reasonable control (including but not limited to severe weather, government order, pandemic restriction, industrial action or mechanical breakdown), the Carrier may:
(a) reschedule the Cruise; or
(b) issue a credit limited to the amounts paid (excluding reasonable unrecoverable costs).
12.2 This clause is in addition to any remedy required by the ACL.
13.1 The Carrier complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
13.2 Personal Information is used only for delivering the Services, arranging Subcontractors or complying with legal obligations. Credit-card details are destroyed once final payment clears.
14.1 These Terms are governed by the laws of New South Wales, Australia.
14.2 The parties submit to the non-exclusive jurisdiction of the courts of that State.
14.3 A party must refer any dispute to mediation administered by the Australian Disputes Centre before commencing litigation, except for urgent injunctive relief.
15.1 Notices must be in writing and are deemed received:
(a) if delivered by hand – on delivery;
(b) if emailed – when the email leaves the sender’s server, absent bounce-back;
(c) if posted – five business days after posting within Australia.
16.1 Unless the Client notifies the Carrier in writing before the Cruise, the Client grants the Carrier a non-exclusive right to use event photographs or video for promotional purposes.
17.1 These Terms, the Quote and any written variations signed by both parties constitute the entire agreement and replace all prior representations.
I, the undersigned authorised representative of the Client named below, confirm that I have read and understood the Constellation Cruises Terms and Conditions and the Quote identified in this section, and agree that the Client is legally bound by them.
Shortcut acceptance: Payment of the Deposit, or boarding the vessel, constitutes acceptance of these Terms by the Client where a signature is not returned, pursuant to s14 Electronic Transactions Act 2000 (NSW).