Please read the following terms and conditions carefully. 

References to “us”, “we” and/or “our” in these booking terms and conditions shall mean Wollongong Charters Pty Ltd (ABN 24 650 850 221), and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

Wollongong Charters Pty Ltd is a supplier of recreational services and activities, including but not limited to charter fishing and boating experiences, and associated activities. The following terms and conditions apply to all charter bookings with Wollongong Charters Pty Ltd, whether you make a booking over the telephone, via email, our online booking facility, or by any other means.

By making a booking you confirm that you have read, understood, accepted and agree to be unconditionally bound to these terms and conditions contained herein.

1. PRICES

All prices are shown in Australian Dollars including GST unless otherwise specified. All prices are subject to availability and can be withdrawn or varied without notice. The price is only guaranteed once paid for in full by you. Please note that prices quoted are subject to change. Price changes may occur by reason of matters outside our control which increase the cost of the product or service. Such factors include but are not limited to adverse currency fluctuations, fuel surcharges, taxes and industry market rates.

Each price has a built-in booking fee in accordance with the particular product (1.5% of the total price). This booking fee is an administrative charge imposed on us by our booking platform and passed on to you at the same cost.

If paying by credit card, credit card company merchant fees will apply as listed on your booking confirmation and invoice. These charges are passed on at the same cost as we are charged by our payment providers as a fee for their service.

Booking fees are refundable if the booking is cancelled before the 7th day after the scheduled charter date. Credit card company merchant fees are non-refundable under any circumstance.

Public Holidays incur a 25% surcharge.

2. TERMS OF SALE

You, the client, may make an offer to us to purchase our services advertised on our site at the specified price by placing a booking with us by any acceptable means and by making the required payment of a deposit or full fee at the time of booking (including any taxes). You will have been taken to have communicated your offer when all the requirements set out in these terms and conditions have been met. We may, in our sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including a failure to receive payment in full, an error in the advertised price for, or description of, the services on the website, or an error in your booking. If we accept your offer for purchase of our services we will communicate acceptance to you by confirming your reservation on our charter. You agree that you have entered into a contract for the sale and supply of services with Wollongong Charters Pty Ltd when we confirm your reservation with you.

Minimum payment conditions are applied to bookings and we reserve our right to cancel a reservation where the required payment has not been made. In such events, you will forfeit any deposit paid.

We reserve the right to change and/or cancel a reservation at our absolute discretion. In the event that we cancel your booking, you may nominate to receive a full refund or to reschedule a charter for an alternative available date.

3. CHARTER PACKAGES

i. Per Person Deep Sea Fishing

You are required to make payment in full at the time of the booking to confirm and secure a place on a charter.

If there is more than one person to a single booking, payment in full is required for each passenger. In making this booking, you are deemed to have the authority to act on behalf of the client or clients that are the subject of the booking. You warrant that we may rely on such authority and further that you will be liable for ensuring such client or clients understand and adhere to these terms and conditions.

Last minute additions to group bookings are also required to be paid in full at least 24 hours prior to the time of departure of the charter.

We allow a grace period of ten (10) minutes from the scheduled departure time. Past the grace period, we reserve the right to depart without you. There will strictly be no refunds or reschedules for late arrivals and no shows.

ii. Whole Boat Deep Sea Fishing & Bare Boat Deep Sea Fishing

The respective price advertised on our site for Whole Boat Deep Sea Fishing & Bare Boat Deep Sea Fishing is for up to 10 individuals. An additional charge per person for up to 23 passengers will incur. There is a limited capacity of 10 individuals to fish on the vessel at any one time. A minimum deposit being 50% of the total service cost must be paid at the time of the booking to confirm and secure your charter. Final payment is required at least 24 hours prior to the time of departure of the charter. Failure to make a payment in full by the required time will result in our immediate cancellation of the charter reservation and forfeiture of your deposit.

In making this booking, you are deemed to have the authority to act on behalf of the group of clients that are the subject of the booking. You warrant that we may rely on such authority and further that you will be liable for ensuring such clients understand and adhere to these terms and conditions.

No adjustment shall be made for time lost due to late arrival by you. Any lost time caused by us shall be compensated for by extending such amount of time that was lost.

iii. Bare Boat (Non-Fishing)

The price advertised on our site for Bare Boat (Non-Fishing) charters are charged by the hour for up to 23 passengers. A minimum deposit being the first 4 hours must be paid at the time of the booking to confirm and secure your charter. Final payment is required at least 24 hours prior to the time of departure of the charter. Failure to make a payment in full by the required time will result in our immediate cancellation of the charter reservation and forfeiture of your deposit. Any additional time accrued on the day of the charter must be agreed upon by both parties and paid for in full at the end of the service.

In making this booking, you are deemed to have the authority to act on behalf of the group of clients that are the subject of the booking. You warrant that we may rely on such authority and further that you will be liable for ensuring such clients understand and adhere to these terms and conditions.

No adjustment shall be made for time lost due to late arrival by you. Any lost time caused by us shall be compensated for by extending such amount of time that was lost.

4. CHANGE & CANCELLATION POLICY

i. Per Person Deep Sea Fishing

All bookings of Per Person Deep Sea Fishing charters are transferable but strictly non-refundable for changes of mind, change of experience to a lesser value or cancellations by you (subject to your rights under Australian Consumer Law). Any changes in dates for charters booked must be made with us at least ten (10) days prior to the charter date of the original booking. You agree that at least ten (10) days notice is a reasonable amount of notice in the circumstances of the services we provide. Changes made after this time, but not within 72 hours prior to the charter date of the original booking, will incur an amendment fee of 20% of the booking amount. Changes made within 72 hours prior to the charter date of the original booking will result in forfeiture of the booking.

All Per Person Deep Sea Fishing charters have a strict policy on a minimum of five (5) passengers for a charter to take place. In the event that the number of passengers requirement is not met, individuals can nominate an alternative date, opt for a minimum charge of five (5) people to proceed, or receive a refund.

In the event cancellations are made by us due to bad weather conditions deemed unsafe for fishing, or mechanical issues, individuals can nominate an alternative date, receive a refund or a Return Voucher that is valid for 3 years, equivalent to the value of the booking. Bookings originally made with a Gift Voucher(s) will not be entitled to a refund, but instead will receive a Return Voucher of the same value that is valid for 3 years from the date of cancellation.

ii. Whole Boat Deep Sea Fishing & Bare Boat Deep Sea Fishing

The 50% deposit is required to secure a Whole Boat Deep Sea Fishing & Bare Boat Deep Sea Fishing is strictly non-refundable for change of mind, change of experience to a lesser value or cancellations by you (subject to your rights under Australian Consumer Law). Any changes in dates for charters booked must be made with us at least ten (10) days prior to the charter date of the original booking. You agree that at least ten (10) days notice is a reasonable amount of notice in the circumstances of the services we provide. You agree to forfeit the 50% deposit if changes are made after this time.

In the event cancellations are made by us due to bad weather conditions deemed unsafe for fishing, or mechanical issues, you can nominate an alternative date, receive a refund or a Return Voucher that is valid for 3 years, equivalent to the value of the booking. Bookings originally made with a Gift Voucher(s) will not be entitled to a refund, but instead will receive a Return Voucher of the same value that is valid for 3 years from the date of cancellation.

iii. Bare Boat (Non-Fishing)

The minimum deposit of four (4) hours required to secure a Bare Boat (Non-Fishing) is strictly non-refundable for change of mind, change of experience to a lesser value or cancellations by you (subject to your rights under Australian Consumer Law). Any changes in dates for charters booked must be made with us at least ten (10) days prior to the charter date of the original booking. You agree that at least ten (10) days notice is a reasonable amount of notice in the circumstances of the services we provide. You agree to forfeit the deposit if changes are made after this time.

In the event cancellations are made by us due to bad weather conditions deemed unsafe for fishing, or mechanical issues, you can nominate an alternative date, receive a refund or a Return Voucher that is valid for 3 years, equivalent to the value of the booking. Bookings originally made with a Gift Voucher(s) will not be entitled to a refund, but instead will receive a Return Voucher of the same value that is valid for 3 years from the date of cancellation.

5. GIFT & RETURN VOUCHERS

All vouchers are of cash value, which can be used to purchase any product or service up to that value. Vouchers are non-refundable, not redeemable for cash, but are transferable to other individuals. The Purchaser or Voucher holder must advise us in order to effect a valid transfer of a voucher. Vouchers are valid for three (3) years from the date of issue (the expiry date). Failure to redeem the voucher by this time will render the voucher invalid. Failure to show on your scheduled date and time will render your voucher invalid.

Vouchers can be redeemed online via www.aquillacharters.com.au or over the phone with us. Once the voucher has been redeemed (i.e. the trip date has been booked), all other terms relating to Change & Cancellation Policy apply. A voucher will be deemed to have been redeemed on the date of your booked charter. In the event you cancel your booking, your voucher will not be considered redeemed and you must reschedule before the expiry date. In the event that we cancel your booking for whatsoever reason, your voucher will be considered redeemed and a Return Voucher will be issued that is valid three (3) year period.

Where the cost of your charter is greater than the value of your voucher, you will be required to pay the difference. Where the cost of your charter is less than the value of your voucher you will not be entitled to a cash refund.

We recommend that Voucher holders book a charter well in advance of the expiry date. Weekend fishing trips are always popular and may be booked out for a few weeks in advance. Please consider this when making your arrangements.

6. SAFETY

We have made all reasonable efforts to identify and minimise any risks associated with your experience of our services. You agree to adhere to any rules set by us in connection with our services and failure to comply will result in cancellation or cessation of the charter in which event you will forfeit any payment made. Wollongong Charters Pty Ltd are alleviated from any liability caused by passengers not adhering or conforming to stated recommendations and rules outlined by crew on board the vessel.

i. Minimum age of passengers

Due to occupational health and safety, we prescribe the minimum age of any allowable passenger on a charter to be eight (8) years old. All minors must be under the control of and accompanied by a parent or legal guardian on the charter, who takes full responsibility for monitoring the minor passenger’s behaviour.

ii. Weather Conditions

We endeavour to operate all charters in safe and appropriate weather conditions. Weather is monitored closely at all times and in the event the conditions are considered to be unsafe, we reserve the right to cancel charters up until the intended departure time. All effort is made to give as much prior notice of cancellation as possible but no liability is accepted for inconvenience or last minute change of charter plans by us. In these events, a full refund or reschedule of the reservation is available. Wollongong Charters Pty Ltd will operate in the rain.

iii. Attire

We recommend passengers to wear comfortable clothing of a lightweight material for most days and occasions. It is also advised to bring along a jumper and/or windproof jacket or rain coat as the conditions at sea are often harsher than what you will experience at the Harbour. Appropriate covered shoes must be worn at all times during the charter.

iv. Medical Conditions & Seasickness

All passengers must declare any pre-existing medical condition that may affect their day out on the water prior to booking and departure. We recommend that you consult with your local doctor or specialist vaccination clinic before booking your charter. Please notify us for any special arrangements. We reserve our right to refuse a person’s attendance on our charter for medical reasons and you agree that this is a reasonable act taken by us to ensure your safety and the safety of our crew.

Wollongong Charters Pty Ltd do not supply seasickness tablets. It is recommended that passengers use seasickness tablets according to doctor's advice and personal needs. In the event a passenger gets seasick, Wollongong Charters Pty Ltd is not obligated to bring any passenger back to the harbour until the charter is completed. The exception is in extreme cases where a passenger or crew member requires immediate medical attention and the decision is made by us to cease operating the charter to ensure the person’s wellbeing. You agree that we are not responsible or obliged to give refunds or offer an alternate charter in these circumstances.

v. Alcohol

Alcohol is permitted on board the vessel but must be brought in moderate amounts. Passengers must be 18 years or over to consume alcohol. It is the responsibility of the passengers to abide by all alcohol consumption rules and to act responsibly when consuming alcohol to avoid any unsafe or anti social behaviour. There may be times when we consider it appropriate to refuse or prohibit passengers to consume alcohol at any time during the charter. You agree that this is our absolute right and refusal by any person on board to adhere to our request will result in an immediate cessation of the operation of the charter. You agree to be responsible for any guests brought onto the vessel and you agree to forfeit of any payment made to us in such circumstances.

Alcohol consumption does affect your ability to adapt to the conditions present at sea and we highly recommend you have plenty of food and water available when consuming alcohol.

vi. Conduct

It is required that all passengers behave in a safe and respectful manner to all staff, other passengers and our property. Any abusive or inappropriate behaviour on board will not be tolerated and could result in removal from the charter. Illegal activity is expressly prohibited and will result in removal from the charter. You agree to be responsible for the conduct of any guests brought onto the vessel and you agree to forfeit any payment made to us in such circumstances.

vii. Smoking

Smoking is not permitted inside the vessels cabin. Smoking is only allowed on the outside deck, however respect and care for the environment is required. Appropriate ash trays for cigarette butts are provided onboard the vessel.

7. FISHING EQUIPMENT

Wollongong Charters Pty Ltd provide all fishing gear, bait and tackle on all charters. Any loss or damage to our equipment or vessel caused by negligence or unruly behaviour, passenger(s) involved will be liable and responsible for the replacement or repair of the item.

Passengers are welcome to bring their own fishing gear on their charters. Please notify us at the time of the booking.

8. OPERATING TIMES

We are open for business seven (7) days per week of every year, with the exclusion of Christmas Day (25th December), Boxing Day (26th December), New Year's Day (1st January) and 2nd January. Morning Charters are scheduled from 0600, concluding at 1200, depending on the charter. Afternoon Charters are scheduled from 1330 until 1830 and only run during daylight savings. 

We require a minimum of five (5) passengers to take a trip out.

The telephone will be manned during business hours, 0900 - 1730, seven (7) days per week.

9. WAIVER

It is possible for a supplier of recreational services or recreational activities to ask you to agree that statutory guarantees under Schedule 2 to the Competition and Consumer Act 2010 (Cth) do not apply to you (or a person for whom or on whose behalf you are acquiring the services). By making this booking you will be agreeing that your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue Wollongong Charters Pty Ltd in relation to recreational services or recreational activities that you undertake because the services or recreational activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below.

10. LIABILITY

Wollongong Charters Pty Ltd emphasise the risks of personal injury or loss of life, damage to or loss of property that can be sustained on boats.

While we adhere to the strictest of safety procedures in all our operations, there are inherit risks associated with such activities. By making a booking, you acknowledge, agree and understand that we offer recreational services and activities (as defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) and that there may be risks of personal injury, loss of life, damage to or loss of property that can be associated with these activities. You acknowledge that this warning constitutes a ‘risk warning’ in accordance with the relevant legislation including the Civil Liability Act 2002 (NSW) and agree that you have chosen to participate in our services of your own volition. You agree that, to the maximum extent permitted by law, your right to sue for personal injury and death caused by any breach (that does not constitute a reckless breach by us) of statutory consumer guarantees under Schedule 2 of the Competition and Consumer Act 2010 (Cth) are excluded.

You further agree that, without limiting the foregoing, and to the maximum extent permitted by law, in no event will Wollongong Charters Pty Ltd or any of its related bodies corporate, directors, employees, consultants and agents be liable to any person in respect of any claim of any personal injury, loss, damage to property, death, illness, harm or economic loss suffered by you or any other person on a charter, whether consequential, direct or indirect and whether as a result of a breach of statute or statutory duty, in contract, tort (including negligence), equity, or otherwise in connection with your or that person’s participation in our services, or of a third party over whom we have no direct control, force majeure or any other event which is beyond our control or which is not preventable by reasonable diligence on our part. 

Under circumstances where our liability cannot be excluded and where liability may be lawfully limited, such liability is limited to the remedies required of us under applicable law (including the Australian Consumer Law). This liability clause is subject to your rights under the Australian Consumer Law and nothing in these terms and conditions is intended to limit any such rights.

You agree to indemnify, defend and hold harmless Wollongong Charters Pty Ltd, its directors, officers, employees, consultants, and agents from any and all third party claims, liabilities, damages and/or costs (including but not limited to) legal fees, arising from your use of our services or your breach of the terms and conditions.

11. PHOTO & VIDEO DISCLAIMER

As a condition of your booking with Wollongong Charters Pty Ltd, we reserve the right to use any photograph/video taken on any charter supplied by us, otherwise advised, without the expressed written permission of those included within the photograph/video. You consent to us using your name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by Wollongong Charters Pty Ltd. We may use the photograph/video in publications or other media material produced, used or contracted by Wollongong Charters Pty Ltd including but not limited to: brochures, invitations, books, newspapers, magazines, television, websites, etc. It is your responsibility to direct any request to opt out, access, update or correct information to Wollongong Charters Pty Ltd.

To ensure the privacy of individuals and children, images will not be identified using full names or personal identifying information without verbal/written approval from the parent or legal guardian.

12.  ACCURACY OF TERMS & CONDITIONS

The information provided in this website is provided in good faith and on an as is basis. We reserve the right to amend these terms and conditions at any time by making changes to this page without notice. Any amended terms and conditions will supersede all previous versions or iterations we may have made available on this page and which you may have stored in your cache.

As a business, we are continually reviewing our policies to ensure that they align with our values and priorities. However in light of recent developments related to the COVID-19 pandemic and with border restrictions now relaxed, we have decided to revert back to our standard cancellation policy.

COVID-19 related extenuating circumstances, including but not limited to COVID positive cases, will not be entitled to refunds or reschedules. The cancellation policy will apply as usual.

We understand that being COVID positive is a challenging and unexpected circumstance, and we empathise with our customers who may find themselves in this situation. However, we have to balance their needs with the viability of our business. Our standard cancellation policy allows us to manage our resources effectively and provide high-quality service to our customers.

Customers are encouraged to take all necessary precautions to protect themselves and others from COVID-19, and we urge them to carefully consider their plans before booking with us. We also advise them to seek appropriate travel insurance that covers unforeseen circumstances such as COVID-19 infection.

Your understanding and cooperation with this policy is greatly appreciated. We remain committed to providing a high-quality service to our customers while also ensuring the safety and sustainability of our business. For more information on our Covid safety plan, visit https://www.aquillacharters.com.au/covid-safety.