Terms & Conditions

1. Introduction

1.1 The following Terms apply to the Charter provided by Delta Helicopters Pty Ltd (ABN 94 629 558 130) trading as “Shockwave Charters” (“we”, “us” or “our”).

1.2 Upon booking the Charter and paying the Deposit, you (“you” and “your”) agree to comply with the Terms.

1.3 Unless otherwise agreed in writing by an authorised representative of Shockwave Charters, no agent or third party has the authority to vary or omit any part of these Terms.

2. Reservation & Payment

2.1 Upon a valid request made by you, we will provide you with a Quote for a Charter. All Quotes are valid for 30 days.

2.2 Upon payment of the Deposit, a booking is made and the Charter Date secured (Booking).

2.3 The Final Balance is due to be paid at least 14 days prior to the Charter Date. All bookings made within 14 days of the Charter Date require full payment at the time of booking.

2.4 If the Final Balance has not been paid within 14 days of the Charter Date, we reserve the right to cancel the Booking. We are not obliged to refund the Deposit or any other funds paid in relation to your Booking pursuant to the Quote.

2.5 All payments must be in AUD and may be made by EFT or credit card. Credit card surcharges may apply.

3. Our Warranties

3.1 We warrant that:

(a) the Master and Crew hold the necessary skills, qualifications and training to operate the Vessel and Charter and provide the Shockwave Activities;

(b) the Master is qualified and skilled to safely manage Crew and Passengers;

(c) during the Charter, there will be one Master and at least one Crew;

(d) any Equipment supplied by us will be fit for purpose and use; and

(e) the Vessel will be operated in accordance with the applicable laws and regulations.

3.2 We do not warrant or guarantee that:

(a) you will catch a Marine Animal during the Charter, however the Master and Crew will:

(i) use their knowledge and experience to anchor the Vessel in locations where Marine Animal/s are expected or sighted; and

(ii) will assist you where appropriate to catch Marine Animals; or

(b) you will see wild Marine Animals, or any wildlife, on a Charter. However, the Master and Crew will use their knowledge and experience to locate wild Marine Animals and wildlife for viewing.

4. Your Obligations & Warranties

4.1 You acknowledge and agree:

(a) you have read and agree to these Terms;

(b) you make this Booking on behalf of all Passengers and we have no responsibility to communicate with Passengers on these Terms;

(c) the Master has absolute authority over the Vessel and Equipment;

(d) we are not responsible for any delays caused by the late arrival of Passengers or delays at any wharf caused by reasons beyond our control (i.e. other vessels arriving or departing);

(e) any Marine Animal caught by you will only be retained if it is legal to do so, considering the size and type of Marine Animal. You must throw back any Marine Animal where it is illegal to retain that Marine Animal;

(f) we may inspect any item brought on to the Vessel and refuse entry to that item if we deem it hazardous or unsafe in any way;

(g) you and all Passengers have signed a Waiver prior to boarding the Charter. If you and/or a Passenger has not signed the Waiver, or refused to do so, those individuals must leave the Vessel and will not be entitled to any refund or make any Claim against us.

4.2 You warrant that:

(a) you are able to competently and safely partake in the Charter and undertake the Shockwave Activities and/or Third Party Activities and you have no pre-existing medical condition or injury which would affect your ability to partake in the Charter, or the Shockwave Activities and/or Third Party Activities; and

(b) if you partake in a Shockwave Activity and/or Third Party Activity that requires you to hold a licence, of any sort, you hold the relevant licence and can produce such licence upon request.

4.3 You must inform us at least 7 days before the Charter Date of any food allergies and dietary requirements for any Passenger. We will endeavour to accommodate dietary requirements but do not guarantee that all requests made will be accommodated for. If we cannot accommodate a request, we will advise you of this prior to the Charter Date. You are responsible for communicating this with any Passenger.

5. General Conduct & Safety

5.1 Your safety is our paramount concern, and all care will be taken to ensure a safe and enjoyable Charter. The Master and Crew will take all necessary steps to maintain the safety of Passengers.

5.2 You acknowledge and agree to:

(a) act in a courteous, polite and respectful manner at all times towards Master, Crew and all Passengers;

(b) obey any instruction or directions given by the Master and Crew;

(c) wear a lifejacket when instructed to do so by Master or Crew;

(d) only exit or board the Vessel once the Master or Crew has advised it is safe to do so;

(e) only swim if, and when, the Master advises you it is safe to do so and only if you are a competent swimmer;

(f) drink responsibly if consuming alcohol onboard the Vessel and follow the instructions of the Master and Crew with respect to consumption.

5.3 Prior to the departure of the Vessel, the Master or Crew will deliver a safety induction and general housekeeping rules (Safety Briefing). If you are unsure of any of the procedures explained during the Safety Briefing, speak to the Crew immediately after the Safety Briefing.

5.4 Passengers under the age of 18 (minor) must be accompanied by a responsible adult, parent or guardian who takes full responsibility for the minor during the Charter.

6. Right to Terminate Charter

6.1 We reserve the right to terminate the Charter if:

(a) any Passenger engages in excessive alcohol consumption, causing safety concerns for Passengers, Master or Crew, determined at the sole discretion of the Master and/or Crew;

(b) the Master or Crew witness or suspect the use of illicit drugs by a Passenger;

(c) any Passenger behaves in an antisocial or threatening manner toward any other Passenger, Master or Crew or any member of the public who has cause to be in contact with any Passenger at any time during the Charter;

(d) any Passenger behaves in a manner which endangers the safety of Passengers, the Master or Crew;

(e) any Passenger behaves in a manner likely to cause damage to the Vessel and/or Equipment;

(f) any Passenger behaves in any manner contrary to the instructions or directions Crew; or

(g) any Passenger fails to abide by these Terms.

6.2 If we terminate the Charter under clause 6.1, we may take any action necessary to protect the health and safety of Passengers, the Master and Crew. The location of disembarkation in any of these circumstances may not be the original planned point. It will be the nearest jetty, wharf or port to the Vessel at the time of the occurrence.

7. Cancellation

7.1 You may request a cancellation of the Booking.

7.1 If you cancel the Booking:

(a) 30 days or more prior to the Charter Date, you will be entitled to a full refund of any amount paid; or

(b) less than 30 days prior to the Charter Date, the Deposit and Final Balance are not refundable.

8. Weather Policy

8.1 We reserve the right, at our sole discretion, to make a determination on the Charter Date to reschedule due to adverse weather conditions. You are not entitled to reschedule the Charter due to current or forecasted weather conditions.

8.2 If we reschedule the Charter pursuant to clause 8.1, we will, at our sole discretion, either:

(a) reschedule the Charter at no further cost, at a time that is mutually convenient to both you and us; or

(b) issue you with a credit voucher which must be used by you for a booking within 12 months of the cancelled booking.

8.3 Clause 8.2 does not apply in circumstances where the weather was not ideal i.e. rain, there were no wildlife sightings, or you did not catch Marine Animals.

8.4 If, due to weather and/or conditions, the planned Charter route and/or Shockwave Activity and/or Third Party Activity cannot proceed, we reserve the right to alter the route and destination of the Charter and/or Shockwave Activity and/or Third Party Activity to ensure the safety of all Passengers and Crew.

9. Alcohol Policy

9.1 Alcohol is allowed onboard the Vessel, however Passengers must consume alcohol responsibly.

9.2 We reserve the right to inspect the contents of any drink container, fridge and/or esky on board the Vessel and refuse entry of that item.

9.3 No illegal substances are to be brought or consumed on the Vessel.

9.4 The Master reserves the right to refuse the consumption of alcohol by Passengers on the Vessel if it is deemed to cause a hazard or to be unsafe.

10. Indemnity

10.1 You agree that your participation in the Charter and Shockwave Activity and/or Third Party Activity is at your own risk.

10.2 Subject to any express warranties in these Terms but otherwise to the fullest extent permitted by law, we exclude all warranties, conditions and representations in whatever form, relating to the Charter and Shockwave Activities and Third Party Activities.

10.3 If any supply by us pursuant to these Terms comprises a supply to a ‘consumer’ as defined in the Australian Consumer Law, then nothing contained in these Terms restricts or modifies guarantee, right or remedy which pursuant to the Australian Consumer Law applies to these Terms or is conferred on you, provided that to the extent that the Australian Consumer Law permits the use to limit our liability for breach of guarantee imposed by the Australian Consumer Law, then to the extent permitted by the Australian Consumer Law, our liability for such breach is limited to:

(a) in the case of goods, any one or more of the following acts as determined by us:

(i) the replacement of the goods or the supply of equivalent goods; or

(ii) the repair of the goods; or

(iii) payment of the cost of replacing the goods or acquiring equivalent goods; or

(iv) the payment of reasonable costs of having the goods repaired; or

(b) in the case of services any cost of the following as determined by us:

(i) the supplying of the services again; or

(ii) the payment of the cost of having the services supplied again.

10.4 Notwithstanding any other provision of these Terms and to the fullest extent permitted by law:

(a) our aggregate liability in connection with these Terms whether in contract, tort (including negligence), statute or otherwise will not exceed an amount equal to the total fees paid under the Booking;

(b) we are not liable, whether such liability is based on breach of contract, tort (including negligence), statute or otherwise for any Consequential Loss, indirect, incidental, punitive or special Losses of any kind; and

(c) we are not liable for any Loss suffered by way of termination of the Charter under clause 6 and 8, including any liability you may have to a third party for pre-booked Third Party Activities.

10.5 You agree to indemnify us, our agents and employees and subcontractors against all Losses, damages, costs, claims, expenses (including legal fees) or liabilities that are suffered or incurred by us arising from, or in connection with:

(a) any personal injury or death, or loss of, or damage to, property (including the Vessel and Equipment) which exceeds reasonable wear and tear, caused by your act or omission;

(b) your negligent, wrongful or unlawful act or omission;

(c) additional cleaning of the Vessel or Equipment due to damage or excessive uncleanliness during the Charter, caused by you or any Passenger; and

(d) any breach of these Terms.

11. Third party terms

11.1 We make available to you activities run by third parties (Third Party Activities). You elect to engage in those Third Party Activities at your sole discretion.

11.2 We make no representations or warranties in relation to, and do not accept liability for, Third Party Activities.

11.3 You agree:

(a) to comply with the third party’s terms and conditions, if any;

(b) we will not be liable for your failure to comply with the third party’s terms and conditions;

(c) we will not be liable for any act, omission or default, whether negligent or otherwise, of any third party; and

(d) we will not be liable for any loss or damage occasioned by the negligence, act or omission of any third party.

12. Media & Release Waiver

12.1 You consent to us, or third parties engaged by us, taking photographs, digital images, audio recordings, video footage and/or any other recording of you and all Passengers during the Charter and Activities (Images).

12.2 You give us the irrevocable right to use the Images in all forms and manner for the purposes of display, publicity and in promotional materials, including print and online platforms such as social media and our Website, without payment or other consideration.

12.3 To the extent that the Images contain another person who is under the age of 18, you consent to the use of their Images in accordance with these Terms and warrant that you are the parent or guardian of that child.

12.4 If you or any Passenger does not consent to Images being taken, please inform us of this prior to the Charter Date, or the Master or Crew during the Charter.

13. Force Majeure

13.1 If a Force Majeure Event occurs, the affected party must notify the other party and the Charter will be suspended to the extent that they are affected by the relevant Force Majeure Event until that Force Majeure Event has ceased.

13.2 If a Force Majeure Event continues for more than 60 days, the Charter may be cancelled in accordance with clause 8.2.

14. General

14.1 We may sub-contract the performance of any part of the Charter or Shockwave Activity to any third party.

14.2 The Terms of this agreement are governed by the laws of the State of New South Wales, Australia and the courts of that jurisdiction will have exclusive jurisdiction over any dispute arising out of this agreement.

14.3 The Terms constitute the entire agreement between us and you, relating to the Charter and supersedes all previous discussions and communications.

14.4 If any term or provision of these Terms are held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms and the remaining terms and conditions will be unaffected.

14.5 The failure of either party to enforce any provisions under the Terms will not waive the right of such party thereafter to enforce any such provisions.

14.6 We may update the Terms at any time and if you have a Booking with us at the time the Terms are updated, we will send you an email notifying you of the updated Terms.

14.7 Any provision of these Terms which by its nature is intended to survive termination of this agreement survives termination of this agreement.

15. Definitions & Interpretation

15.1 In this agreement, unless the context otherwise requires:

Charter means the temporary hire of the Vessel and Crew.

Charter Date means the date for the Charter included on the Quote.

Consequential Loss means any Loss that does not arise naturally in the ordinary course of things from the event or circumstance giving rise to the Loss.

Crew means the crew working on the Charter from time to time.

Deposit means the deposit listed on the Quote.

Equipment means any equipment provided by us including, sporting equipment and fishing rods.

Final Balance means the amount due and owing on the Quote after the Deposit is paid.

Force Majeure Event means any act, event or cause including earthquakes, cyclones, floods, fires, lightning, storms or other acts of God, strikes or industrial disputes, riots, terrorist acts, civil disturbances, breakages of machinery, or industrial conditions, or arising out of any other unexpected and exceptional cause and dispositions or orders of governmental authority, which:

(a) directly or indirectly results in a party being prevented from or delayed in performing any of its obligations under these Terms; and

(b) is beyond the reasonable control of that party,

but does not extend to situations where you are unable to attend the Charter on the Charter Date due to delays in transportation.

Images has the meaning given to it in clause 12.1

Losses means any judgment, debt, damage, loss, cost, expense or liability howsoever arising and whether present or future, fixed or unascertained, actual or contingent whether at law, in equity, or otherwise.

Marine Animal means any marine animal including, but not limited to, fish, crayfish, abalone, and oysters.

Master means an employee or representative of Shockwave Charters employed as the person in control of the Vessel for any Charter.

Quote means a quotation provided by us for a Charter, which includes important information such as Deposit, Charter Date, etc.

Passenger means any person boarding the Charter with you.

Personal Information has the meaning given to that term in Privacy Law as defined under the Privacy Act 1988 (Cth).

Privacy Law means the Privacy Act 1988 (Cth) and and/or any other equivalent or similar State or Territory legislation as applicable.

Safety Briefing has the meaning given to it in clause 5.3.

Shockwave Activity means any activity provided by us to you during the Charter.

Terms means these Terms and Conditions.

Third Party Activity has the meaning given to it in clause 11.1.

Vessel means the vessel described in the Offshore SMS issued to you.

Waiver means the waiver supplied to you titled Shockwave Charters Waiver and Release Form.

Website means shockwavecharters.com.au.

15.2 In these Terms unless the context otherwise requires:

(a) clause and subclause headings are for reference purposes only;

(b) the singular includes the plural and vice versa;

(c) where a word or phrase is defined its other grammatical forms have a corresponding meaning;

(d) the use of the word "includes" or "including" is not to be taken as limiting the meaning of the words preceding it.