Terms and Conditions
Amada Marine Limited is trading as Amada Cruises.
Acceptance of Terms:
Your access to the website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (known collectively as the "Legal Notices"). Your use of, and/or access to, the website constitutes your agreement to the Terms of Use. For an explanation of our practices and policies related to the collection, use, and storage of users' information, please read our Privacy Policy.
Amada Cruises reserves the right to amend the Terms of Use at any time, and, since you are bound by these Terms of Use, we suggest you check back and review this document from time to time.
Advertising, links to third party websites and e-commerce offers Amada Cruises website contains hyperlinks and other pointers to internet websites operated by third parties. These linked websites are not under the control of Amada Cruises, and Amada Cruises is not responsible for the contents of any linked website or any hyperlink contained in a linked website. Amada Cruises provides these hyperlinks to you as a convenience only, and the inclusion of such links does not imply any endorsement of the linked website by Amada Cruises or its affiliates. By following a link to any such website you do so entirely at your own risk.
Your Contract with us:
When making your booking, the person signing the booking form or paying the deposit for the charter, the authorised agent ( you ) must have and is taken by us to have the authority to do so on behalf of all the other people covered by the booking. By signing the form or paying the deposit, it means that you have read, understand, agree and accept these Booking Conditions. A contract then exists when you pay the booking deposit and by making that payment you will be deemed to have accepted our quotation and agree to be bound by our conditions set out in these terms and conditions. In order to keep clear negotiations and communications during and after the event will only be with the person that books the cruise.
Charter Price Quote:
All prices in our quotation are expressed in New Zealand Dollars. Prices are accurate at the date of publication. Once you have made your booking and paid a deposit of 30% for the charter, the cost of your charter will not normally be subject to any change. However, we reserve the right to increase/surcharge or decrease prices, due to variations in service charges or fluctuations in exchange rates used to calculate the cost of your charter. The balance of the price of your charter must be paid at least 14 days before your charter date. If this charter is booked less than 1 week prior to the departure date the balance is not paid we may cancel your arrangements and retain your deposit. If a booking for a charter is made less than 14 days prior to the departure date payment must be made for the full amount of the charter.
Credit Cards:
We accept Visa & Mastercard for credit card payments. Personal and bank cheques are also accepted. Full and Final payments must be made within 14 days of departure. Credit card payment will incur a surcharged of 3.0% extra.
Changing Your Booking:
Amada Cruises will do our utmost to make changes to arrangements for your charter but in some circumstances it may not be possible. All request for changes to be made must be in writing signed by the authorised booking person. In some cases an insurance policy will cover any changes or increased costs resulting from a change. Charters booked specifically for the purpose of viewing an specific event will still be considered bound by this agreement in the event of a cancellation by the organisers. Any modifications to menu choices or guest numbers must be received within one week prior to the event and mat involve extra costs.
Cancelation:
Upon a written notification of cancellation by the authorised agent of the charter to our offices Amada Cruises will cancel the charter arrangements from this date. This cancellation will incur charges as listed below:
| More than 60 days notice | Deposit only |
| 30-60 days | 60% of total charter cost |
| 14-30 days | 80% of total charter cost |
| 14 days and under | 100% of total charter cost |
When is a deposit refundable:
- If the vessel booked by Amada Cruises becomes unavailable for charter through mechanical or other problems a portion of the deposit may become refundable or a "Rain Check" offered.
- If Amada Cruises agrees in writing that the full deposit is refundable.
Amada Cruises Cancels Charter:
Amada Cruises have the right to cancel charter arrangements if the final payment has not been paid 14days prior to the charter date. In some cases minor changes can be made leading up to the charter date and Amada cruises reserve the right to make such changes should they become necessary, Should any changes be made we will give you as much notice as possible. We will not cancel your arrangements less than 15 days before your departure date, except for reasons of Force Majeure. If we are unable to provide the booked travel arrangements and have had to cancel them before the charter is due to start, you can either:
- Accept our offer of a replacement charter (subject to availability on the specific dates.
- Accept a full refund of the money you have paid.
No compensation will be paid nor a replacement charter offered where the change or cancellation is due to Force Majeure. In the event that your charter is cancelled by the vessels captain due to weather conditions, a "Rain Check" may be offered. No refund will be made.
Responsibilities and Indemnity:
The authorised agent must accept responsibility for the proper conduct of yourself and any members of your party. Amada Cruises reserve the right in our absolute discretion to terminate without further notice the charter arrangements of any client who refuses to comply with the instructions or orders of the company staff. Any member of your party whose behaviour or competence in our opinion is likely to cause distress, damage, danger or annoyance to their crew, other customers, staff, any third party, any person or to property. Upon such termination our responsibility for your charter ceases and we shall not be liable for any extra costs incurred by you. You agree to be responsible for and to replace or make good any damage to the vessel caused by any of the guests of your charter. The captain shall be responsible for the running of the vessel and for the safe navigation of the vessel, and the charterers will abide by his/ her decisions in regards to sailing, navigating, anchorage etc. Use of any illegal substances on the charter will result in instant termination of the charter, forfeiture of any monies paid and possible further criminal charges.
Cruise Destination:
The course of the vessel taken during the charter is at the sole discretion of the Captain in conjunction with Maritime Law and Local Harbour By-Laws. Weather and other factors can affect the course of the charter and the Captain may for these reasons make such changes for the safety of the party and crew. No guarantee is given or implied by Amada Cruises that travelling to a destination is possible but every effort will be made to meet destination requirements. If the captain decides the weather is too bad to take the vessel to sea the venue will continue on the dock to guarantee the safety of the patrons on board. No refund or adjustment to the cruise quoted price will be considered in such circumstances
General Behaviour:
The master of the vessel reserves the right to refuse any person access on any sailing for any reason including any persons who are unruly in behaviour, unfit to travel, is likely to cause distress to other passengers or has previously engaged in unlawful activities efecting Amada Crusies or it's subsideries. The master at his/her discression may ask the persons to remove themselves from the vessel.
Licensed Bar:
Amada Cruises has a licence bar and issued by the Liquor Licence Authority in conjunction with a on board General Managers Certificate. Liquor Licensing Authority states that no intoxicated or underage persons shall be served alcohol from this licensed bar. The Master may use his/her discretion to prohibit intoxicated persons from boarding or may remove such persons to shore once they are on board. The licensed bar manager or the Master may issue instruction that intoxicated persons are no longer to consume alcohol or be served alcohol. Only alcohol purchased on board my be consumed on the vessel. Those violating this condition may be asked to surrender their alcohol until the completion of the voyage.
All bar tabs must be paid by eftpos mastercard or visa on completion of a cruise. Failure to pay a bar tab will incur extra fees incuding dept collection fees.
Complaints:
If you have a problem during your charter, please inform a relevant member of our staff or crew member immediately, who will endeavour to put things right. If your complaint is not resolved locally, please follow this up within 28 days of your charter in writing to Amada Cruises giving your booking reference and all other relevant information. Failing to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were on the charter and this may affect your rights under this contract. It is unlikely that you will have a complaint that cannot be settled amicably between us. However disputes to do with this contract which cannot be settled amicably may (if you wish) be referred to an independent Arbitrator agreed to by both parties. This will be done to ensure an outcome can be achieved with a minimum cost to both parties.
Governing Law and Entire Agreement:
This agreement will be governed by and construed in accordance with the laws of New Zealand. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect. All rights not expressly granted herein are reserved.
Disclaimer:
The Trade Practices Act may confer rights and remedies on you in relation to the provision by Amada Cruises of goods or services on the website which cannot be excluded, restricted or modified ("Non-excludable Rights"). Amada Cruises does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. Except as provided for by the Non-excludable Rights:
Liability Policy and Safety Instructions:
The safety announcement is carried out as the vessel is departs the marina after all guests are aboard. A count is taken of passengers and crew which is entered into the ships log.
Skipper of the vessel radio’s coastguard advising of the vessel’s departure, nature of cruise, ETA of return and POB ( People on board ). The skipper also notifies our shore based director of the details of the cruise and all relevant information including estimated returning ETA. At the end of cruise coastguard and the director are advised of the vessels return to base.
The vessel is under SSM ( Safe Ship Management )for survey which is a Government organization which controls the safety of vessels carrying persons or cargo for reward. Soon to MOSS under the review of this act.
Insurance:
Third party insurance $5,000,000.00
Passengers personal property – damage or loss $2500.00
Unpredictable weather changes (duty of flexibility)
In case the contracted dates of the event will be changed by Volvo Ocean Race Headquarters before or during the event, for whatever reason (for example unpredictable weather changes), the supplier will do their utmost best to deliver the contracted services on the new requested dates.
A high degree of flexibility is expected from both the Supplier and the Client once an event will be brought forward or postponed due to unforeseen weather changes. This will be determined by close communication between the Client and the Supplier in order to optimize the collaboration during the event.
Act of God Weather – Rough Seas - Typhoons
- The Owner of the Charter reserves the right to change the course of a planned charter (including the pick up or drop off point) if unforeseen weather conditions arise.
- If the weather becomes dangerous or unpredictable during the charter, the captain will choose the safest route to take the Vessel to safe harbour.
The Charterer must embark and disembark at the alternative pick up and drop off points chosen by the captain. - In an event of the Act of God, like government interventions, terrorism, terror threats, war, fire, floods, earth quake or other natural disasters on the day of charter, the charter will not proceed.
The Supplier will refund the charter fee in full. - In order to comply with ordinances, if an event of the Act of God is hoisted during the charter, the captain will return the Vessel to safe anchorage or disembark passengers at a jetty or pier.
There will be no charge for unused charter time.
Mechanical Failure
- In the event of a mechanical fault before the Charterer embarks and repairs cannot be made on time, the Owner will inform the Charterer as soon as possible and arrange a compensatory charter on the vessel.
