CHURCH POINT CHARTER – VESSEL HIRE TERMS

SUMMARY OF KEY TERMS

Your hire includes:

  • Use of a CPC vessel for the booked period

  • A full safety briefing and demonstration

  • All required adult lifejackets

  • Maps and instructions for safe operation

Your responsibilities:

  • Operate safely and follow NSW boating laws

  • Follow all CPC Mandatory Rules

  • Keep within the permitted cruising area

  • Ensure the skipper is 21+ and under 0.05 BAC

Lifejackets:

  • CPC supplies adult-sized lifejackets for every passenger

  • Parents must bring properly fitted lifejackets for all children under 12

  • Everyone must wear a lifejacket when using the tender

Bond:

The $2,500 bond is a pre-authorisation only. It is used only for damage, loss, excessive cleaning, late return, or towing caused by misuse. Not used for mechanical faults or normal wear and tear.

Fuel:

Charged after your hire based on engine hours.

Weather:

CPC may delay or cancel if conditions become unsafe. Unsafe conditions = free reschedule OR full refund.

Safety briefing:

Your briefing includes vessel controls, safe speeds, permitted boundaries, emergency procedures and overnight requirements. Anchoring is only permitted in an emergency.

3. MANDATORY HIRER RULES

− I will operate the vessel safely and follow NSW boating laws.

− I will be 21 years or older and remain under 0.05 BAC when acting as skipper.

− I will not exceed the vessel’s passenger limit.

− I will stay within the permitted cruising area shown to me.

− I will travel at a safe speed and obey posted limits.

− I will maintain a proper lookout at all times.

− Passengers will remain seated and behave safely.

− I will use moorings as shown.

− Anchoring is only permitted in emergency

− At night, the anchor light must always be on.

− I will contact CPC immediately if anything goes wrong.

− No swimming while the engine runs.

− No smoking or open flames.

− I will return the vessel on time.

− I will not intentionally beach or ground the vessel.

− I will not tow anything unless CPC approves it.

4. DEFINITIONS

“CPC” – Church Point Charter Pty Ltd

“Hirer” – The person signing this Agreement

“Vessel” – The hired boat and all equipment supplied

“Agent” means CPC, who acts on behalf of the Vessel Owner.

“Hire Period” – The booked start and return time

“Bond” – The $2,500 pre-authorisation

“Permitted Area” – The navigational limits explained during briefing

5. TERMS AND CONDITIONS

5.1 CPC Responsibilities

The Owner, through CPC as its agent, will:

  1. Provide a seaworthy, fit-for-purpose vessel

  2. Supply adult lifejackets for all passengers

  3. Provide a full safety and operation briefing

  4. Monitor weather and restrict operation if unsafe

  5. Assist in incidents as quickly as practicable

5.2 Hirer Responsibilities

The Hirer must:

  1. Operate safely and legally

  2. Follow briefing instructions and Mandatory Rules

  3. Ensure the skipper is 21+ and under 0.05 BAC

  4. Keep within the permitted cruising area

  5. Supervise children at all times

  6. Supply properly fitted lifejackets for all children under 12

  7. Report any incident immediately

5.3 Lifejacket Rules

  1. CPC carries approved adult lifejackets for the vessel’s full passenger capacity.

  2. These jackets are adult-sized and not suitable for small children.

  3. The Hirer must supply properly fitted lifejackets for all children under 12.

  4. Children under 12 must wear a lifejacket in open areas when underway.

  5. All passengers must wear a lifejacket when using the tender.

  6. CPC may require lifejackets to be worn at any time.

5.4 Permitted Cruising Area

Your permitted area includes:

  • Pittwater

  • Cowan Creek

  • Lower Hawkesbury River

  • This vessel must remain in enclosed waters at all times.

Open-water (West Head) restrictions:

  • Do not cross West Head if wave height exceeds 1m.

  • Crossings are generally safe only early in the morning.

  • The outer boundary is between Barrenjoey Lighthouse and Middle Head (Lion Island excluded).

  • Do not operate outside this boundary.

Bridges:

  • Yachts must not pass under bridges on yachts due to mast height.

  • Power vessels only with CPC approval.

No-go areas:

  • Ocean beyond Barrenjoey–Middle Head

  • Surf zones

  • Restricted or shallow marked areas

  • Any “no-go” areas identified during briefing

Night Operation

  • Self-drive vessels are restricted to daylight operation. You must be secured to a mooring before dark.

5.5 Emergency Procedures

Follow CPC instructions in case of:

  • Engine failure

  • Man overboard

  • Fire

  • Taking on water

  • Grounding

  • Serious incidents (Call 000 → VHF 16 → CPC)

5.6 Bond

Bond (held by CPC as agent for Vessel Owner) may be used for:

  • Collision damage

  • Grounding

  • Lost or broken equipment

  • Excessive cleaning

  • Late return fees

  • Towing due to misuse

Bond is not used for:

  • Mechanical failures

  • Pre-existing issues

  • Normal wear and tear

5.7 Fuel Charges

  • Fuel is calculated based on engine hours recorded on Annex A at departure and return.

5.8 Cleaning Fees

  • Applied only if the vessel is returned excessively dirty.

5.8A Fishing & Bait

  • Fishing is permitted only if the Hirer supplies and uses their own esky.

  • CPC fridges, ice boxes and interior storage must not be used for bait or fish.

  • The Hirer must clean all fishing-related mess, including bait residue, blood, scales and odour before return.

  • Additional cleaning or deodorising required due to fishing will be charged at the applicable cleaning rate.

5.9 Late Return

$180/hr or part thereof.

5.10 Prohibited Behaviours

You must not:

  • Operate the vessel under the influence of alcohol or drugs.

  • Exceed the passenger limit.

  • Enter restricted areas or travel outside the permitted cruising area.

  • Operate the vessel between sunset and sunrise.

  • Bring the vessel alongside any wharf or jetty without CPC approval.

  • Anchor except in an emergency.

  • Allow lines or ropes near the propeller.

  • Engage in dangerous or unsafe behaviour.

  • Swim while the engine is running.

  • Tow any person or object without CPC approval.

  • Store bait or fish in onboard fridges or ice boxes.

5.11 Early Termination

CPC acting on behalf of the Vessel Owner may end the hire immediately for unsafe behaviour or boundary breaches.

5.12 Mechanical Issues

If not caused by the Hirer, the Owner (through CPC as agent) will assist or tow at no cost, or provide refund/credit.

5.13 Damage Caused by Hirer

Hirer is responsible only for damage caused by negligent or unsafe operation.

5.14 Indemnity

The Hirer is responsible for any loss, damage, cost or liability caused by their negligent, unsafe or unlawful operation of the vessel. The Hirer indemnifies the Vessel Owner (and CPC as its agent) for these losses, to the extent permitted by law. This indemnity does not apply to faults, failures or damage not caused by the Hirer.

5.15 Australian Consumer Law

Your ACL rights apply. These guarantees apply to the Vessel Owner and to CPC in its role as agent.

5.16 Cancellation Policy (28 Days)

Cancellation notice must be emailed to CPC. Notice periods are measured from receipt of the email to the booked departure time.

More than 28 days before departure: Full refund or full credit, at the Hirer’s choice.

 28 days or less, but at least 48 hours before departure: Full credit, with no refund for a change-of-mind cancellation.

 Less than 48 hours before departure, or a no-show: CPC may retain reasonable cancellation costs and lost hire income, up to the hire fee paid. CPC will make reasonable efforts to rehire the vessel. Any refund will account for replacement hire income and costs saved, without double recovery.

 A no-show means arriving more than two hours after the booked departure time without contacting CPC.

 Credits: Credits are valid for 12 months from the original departure date. Replacement bookings are subject to availability and current prices. Any unused credit remains available until expiry.

 Weather: If CPC determines that conditions are unsafe and cancels the charter, the Hirer may choose a free reschedule or full refund.

If conditions are safe but the Hirer prefers not to proceed because of the weather, one free reschedule is available, including within 48 hours of departure. The credit conditions above apply. Further voluntary changes are subject to the cancellation policy.

 Consumer rights: Nothing in this policy limits rights or remedies under the Australian Consumer Law.