These Terms and Conditions apply to the Lusso Naveta and Lusso Vignetto services booked with LussoMare Limited (us or Company) by its clients whom have been provided these terms alongside a quote or booking confirmation (Charterer or you). The terms for our Lusso Carta services are different due to the nature of services being provided for that service.
The Company is permitted to amend and/or insert additional terms by prior written notice to the Charterer .
In accordance with the Maritime Rules published by Maritime New Zealand we hold a Marine Transport Operator Certificate (as required by the Maritime Operator Safety System (MOSS) operated by Maritime New Zealand) and have a developed Marine Transport Operator Plan (MTOP).
1. PRIVATE TRANSFER (Lusso Navetta and Lusso Vignetto)
The fee payable is as set out in the booking confirmation provided to you (Fee) and covers the specific services as set out in the booking confirmation. Generally, our fee entitles you and your party to have a single or return trip to Waiheke on the day and time agreed and may also cover (for Lusso Vigneto services) certain island transfers and wine tasting or dining options as set out in the booking confirmation.
Our standard offering is the provision of the transfer with a Maritime New Zealand qualified skipper for the Boat (Skipper) and Crewmate and up to a maximum of eight passengers. Any additional crew, if numbers permit, and all other services are at your expense and at the discretion of the Skipper and additional fees will apply. You will be provided a safety briefing when you initially step on the boat and will have be asked if you wish to wear a lifejacket (which we recommend).
2. FEES
The prices for our services are in New Zealand dollars and are exclusive of GST. When you make a booking, you’ll need to pay 50% of the Fee upfront (Deposit). Bookings will only be confirmed once payment of the Deposit has been received in full either by bank transfer or credit card. The balance of the total Fee is due no less than 48 hours prior to departure. If the remaining 50% of the Fee is not paid by 48 hours prior to departure, then the Company reserve the right to cancel the booking and retain the Deposit. If the booking is made within less than 48 hours prior to departure then the entire Fee must be paid in full on booking to secure the service. Any deviation from these terms must be done in writing at the discretion of the Company.
Additional fees (beyond the Fee) are payable for additional services not covered by the Fee or included in the initial booking confirmation. Upon us issuing you an invoice for any additional services purchased the relevant invoice must be settled within 7 days.
Should you wish to settle any amounts owing to us by Credit Card, a surcharge of 3% of the amount payable shall apply.
3. PICK UP / DROP OFF LOCATIONS
The Boat operates from Auckland’s Viaduct Harbour with the pick up and drop off location on the dock outside Bivacco restaurant. The pickup and dropoff location on Waiheke are Waiheke Marina. The Skipper is entitled to exercise their full discretion to change a pre-arranged location if safety concerns so require such a change.
4. BOOKING ALTERATIONS
The booking is available for amendment up to 14 days prior to departure and subject to availability. You are permitted to amend date of charter, drop off and pick up locations, number of guests, and other requirements. All additional costs arising from the amendment will be included in the balance of the payment. Where payment has been made in full and extra costs arise, these will be invoiced directly to the Charterer by the Company.
Where the booking is amended during the Charter and extra services are added, these will be invoiced directly to you following the Charter and payable in accordance with the terms of the invoice.
5. BOOKING CANCELLATIONS
LussoMare reserves the right to cancel the transfer due to adverse weather or mechanical failures, in which case you may reschedule to another mutually agreed date. If no suitable dates are available, the deposit will only be refunded at the discretion of the Company and in cases they see as reasonable. In the event that LussoMare cancels the service other than for reasons set out above the services will be fully refundable, however, third-party charges may still apply.
If the Charterer cancels a confirmed booking, the Deposit will not be refunded but may be transferred to another mutually agreed date.
The Deposit is otherwise non-refundable under all circumstances. Without limiting the generality of the preceding sentence, if the Charterer does not show up at the scheduled time the Deposit will not be refunded and may not be transferred to another date.
6. SKIPPER OBLIGATIONS
The Skipper is in charge of the safety of all guests on board and will operate the boat responsibility and in accordance with the duties imposed under the Maritime Transport Act 1994 throughout the duration of your time on board. The Skipper will respond reasonably to any requests of the guests but is not obligated to meet such requests.
7. LIABILITY AND RISK
To the fullest extent permitted by law, neither the Skipper nor the Company, or its directors or officers shall be liable for any injury, loss, damage, illness, death, or delay suffered by the Charterer or any guest, nor for their property, during the period they are on the Boat, regardless of how such events may occur. This includes, but is not limited to, incidents arising from participation in activities such as swimming, snorkeling, diving, and sun lounging, or as a result of the actions of third parties providing food, beverages, or services during the Charter. The Charterer acknowledges that all activities associated with the Charter carry inherent risks and voluntarily assumes all risks associated with participation in such activities. The Charterer agrees to hold the Skipper and the Company harmless against all claims, actions, damages, and liabilities, including legal fees, arising out of or connected with the Charter.
You must ensure that all guests are aware of and accept the inherent risks of the activities and the Charter. It is the Charterer’s duty to disclose any medical conditions or physical limitations of themselves or their guests that might affect their ability to participate in the Charter activities safely. The Company reserves the right to refuse service to any guest deemed unfit for the activities planned or posing a risk to themselves or others, without refund of the Fee.
Neither the Skipper nor the Company is responsible for any delay, alteration, or cancellation due to weather conditions, mechanical failures, or any other circumstances beyond their reasonable control. In such events, the Company’s liability shall be limited to offering an alternative date, subject to availability, or a refund of the Fee at the Company’s discretion.
By entering into this Agreement, the Charterer expressly releases the Skipper and the Company from any claims, demands, or causes of action that may arise, except in cases of gross negligence or willful misconduct by the Skipper or the Company.
Notwithstanding the above, in no circumstance will we be liable to you for an amount equal to the Fee actually received by us, or for any indirect or consequential loss. If you are booking the Charter for business purchases you agree that the Fair Trading Act 1986 and the Consumer Guarantees Act 1883 are excluded to the maximum extent permitted by law and that this if fair and reasonable in the circumstances.
8. MAXIMUM NUMBER OF PERSONS, RESPONSIBILITY FOR CHILDREN AND HEALTH OF CHARTERER’S PARTY
The Skipper shall not at any time permit more than the maximum number of Guests on Board as set out above.
If children are taken on board, you shall be fully responsible for their conduct and entertainment and no member of the crew shall be held responsible for their conduct or entertainment.
The nature of a yacht charter may render it unsuitable for anybody with physical disability or undergoing medical treatment. By signature of this Agreement, you warrant the medical fitness of all members of your party for the voyage contemplated by this Agreement.
9. SKIPPER’S AUTHORITY
The Skipper shall have the final decision as to the course, destination and activities undertake on the Boat. The Skipper shall try to meet with all reasonable requests made regarding the management, operation and movement of the Boat, wind, weather and other circumstances permitting. The Skipper shall not, however, be bound to comply with any request. You must ensure that your party are aware of the risks that are associated with the activities related to the services including swimming, snorkelling, diving, sun lounging, and disclose to the Skipper prior to departure if any members of the party are not competent with the activities organised for the Charter. You will comply with all reasonable directions of the Skipper and rules on the Board while on Charter. The Skipper shall inform notify you if any behaviour is close to warranting the termination of the Charter. Should the Skipper terminate the Charter for any reason you shall not be entitled to any refund of the Fee.
10. Force Majeure
Neither the Company nor the Charterer shall be considered in breach of this Agreement or under any liability whatsoever to the other party for any failure to perform, or delay in performing, any of their respective obligations under this Agreement (other than in respect of an obligation to pay any amount due and owing) due to Force Majeure. For the purposes of this Agreement, “Force Majeure” shall mean any cause beyond the reasonable control of the party claiming suspension of its obligations, including but not limited to acts of God, war, terrorism, insurrection, riots, civil unrest, government action, explosion, fire, flood, storm, earthquake, natural disasters, inability to obtain materials, equipment or transportation, or any other cause beyond the reasonable control of either party.
11. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of New Zealand. Each party irrevocably agrees that the courts of New Zealand shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).