Last Updated: 14/03/2023
In these Terms:
‘us’, ‘we’, ‘our’, and ‘SHD’ means TEK Travel Group Pty Ltd t/as Sydney Harbour Days;
‘You’ means any user of our website, or a Buyer utilising our services, as appropriate;
‘Operator’ means a third party provider of Boating Services; and
‘Boating Services’ means private boat charter, ticketed boating events, group cruises, and any other on-boat, or in-water activities provided by an Operator.
These Terms may be amended by us from time to time. You should check the Website regularly to ascertain whether any amendments have been made. Your continued use of the website and/or our services following the date such amended terms are posted on the Website will be deemed to be acceptance of any amended Terms. If you do not agree to these Terms, or to any update to these Terms, your sole recourse is to cease using this website and/or our services.
We operate a service via our website where we connect “Buyers” (being a person who purchases Boating Services) and “Operators” (being a person who provides Boating Services). We facilitate transactions between Buyers and Operators, and provide assistance in relation to customer service, payment, fulfilment, and refunds. While we do provide this assistance we are not a direct party to the transaction between a Buyer and an Operator under these Terms.
To transact via our website, you must be:
(a) at least 18 years of age;
(b) possess the legal right and ability to enter into a legally binding agreement with us and with Operators; and
(c) agree and warrant to use the website and services in accordance with these Terms.
If you do not satisfy the above criteria you should not attempt to transact via the website.
Buyers do not need to register an account with us to be able to procure Boating Services.
We may disclose your information to third parties that help us deliver our services (including information technology suppliers, communication suppliers, our business partners, and Operators as relevant) or as required by law. If you do not provide this information, we may not be able to provide all of our goods and services to you, or enable you to place orders via the website.
We provide services to enable Buyers and Operators to enter into transactions for the provision of Boating Services.
All users agree that when they enter into a transaction to procure Boating Services a legally binding agreement is formed between the Buyer and Operator (a “Services Agreement”). Each Buyer agrees to comply with its obligations under each Services Agreement as formed from time to time. We are not a party to the Services Agreement.
You should contact us with all enquiries in relation to your booking. We are authorised to act on behalf of relevant Operators and will liaise with them to manage your booking and to achieve mutually acceptable outcomes where possible. You acknowledge that the terms of the Services Agreement apply to, and form the basis of, your legal relationship with each Operator in respect of the Boating Services.
You are free to deal directly with the relevant Operator at any time in relation to an existing booking or a Services Agreement and we will provide you with their contact details on request.
You may procure Boating Services from Operators via our website. The contract for the provision of the Boating Services is solely as between you and the Operator, and we will not have any liability to you or the Operator in relation to the provision of Boating Services other than as expressly set out in these Terms or otherwise to the extent such liability cannot be excluded by law.
We do not charge fees to Buyers for the use of our services.
Prices displayed on the website are set by Operators and are inclusive of GST.
You acknowledge and agree that goods and services available via our website are sold by Operators and not by us. Accordingly we have no liability to you in respect of such goods and services other than as expressly set out in these Terms.
We exclude all liability in relation to goods and services sold via the website to the fullest extent possible at law. To the extent we have any liability to you in respect of such goods and services our liability is limited to the amount paid by you for the relevant product or service.
We list all available Operators on our website. We partner with multiple operators to provide multiple options for your event or experience.
You can make an expression of interest in a booking using our web form located here or by contacting us via email or telephone.
Once we have received your expression of interest, we will contact suitable Operator(s) to determine whether the Operator can provide the services you require at the dates and times specified.
If the Operator confirms that they can provide the requested services on the specified dates and times we will inform you and will request payment of a deposit.
Once we have received your deposit we will reconfirm with the Operator and once they have confirmed that the services remain available a Services Agreement will be formed between you and the Operator at that time for the provision of the specified Boating Services at the specified dates and times. We will notify you in writing once the provision of the Boating Services has been confirmed, however the Services Agreement is formed regardless of when we provide you with this notification.
We act as the agent of each Operator. Accordingly, the contract for the provision of the Boating Services is formed directly between you and the Operator. We will notify you of the Operator’s terms of service prior to the formation of the Services Agreement. You acknowledge and agree that the terms of your contract with the Operator are the Operator’s terms of service notified to you prior to formation of the Services Agreement.
Transactions will be recorded on the Buyer’s statement as being from TEK Travel Group. We will deal with amounts we collect from Buyers in accordance with these Terms, and you expressly authorise us to deal with all amounts we collect from you in accordance with these terms and the terms of any applicable Services Agreement.
Services Agreements are not formed until we have received a deposit from you in relation to the relevant booking, and the Operator has confirmed that it can provide the requested Boating Services at the relevant date and time. Payment of a deposit by you does not secure your booking. If following the receipt of a deposit by us the Operator notifies us that it is not able to provide the requested Boating Services no Services Agreement is formed and we will refund the deposit to you. If following receipt of a deposit by us the Operator informs us that it is able to provide the requested Boating Services a binding Services Agreement is formed in accordance with these Terms and you agree that we then hold the deposit in accordance with the terms of the relevant Services Agreement.
Fees for Boating Services must be paid in accordance with the relevant Services Agreement. We will send you invoices for relevant payments in accordance with the terms of the relevant Services Agreement. Any failure to make payment of an invoice as and when due may result in your booking being cancelled.
You agree to pay any bond required under a Services Agreement. The bond will be held by us and may be claimed against by an Operator in the event that you or any member of your party causes or contributes to any loss or damage suffered by the Operator in connection with the provision of the Boating Services.
Operators will notify us of any claimed damage within 48 hours of the conclusion of the provision of the Boating Services. If an Operator notifies us of any claimed damage you authorise us to release to the Operator the amount of the bond claimed by the Operator. If the amount of the damage is less than the total amount of the bond that we hold we will refund any remaining amount to you. If the amount of damage claimed by the Operator exceeds the amount of the bond the Operator may take such further action as is available to it under the terms of the Services Agreement.
If an Operator does not notify us of any claimed damage within 48 hours of the conclusion of the provision of the Boating Services or otherwise notifies us that it does not intend to make any claim against the bond we will refund the full amount of the bond to you as soon as is reasonably practicable. Notwithstanding that a bond has been refunded an Operator may make a claim against you at a later time in accordance with the Operator’s rights under the Services Agreement.
You agree that we have no liability to you in relation to any bond monies we hold, provided we comply with the terms of this clause.
We do not charge Buyers for the use of our services. However Buyers acknowledge that we may receive a fee from Operators in connection with the provision of our services.
Cancellations and Refunds are available in accordance with the Cancellation and Refunds Policy.
Where there is a dispute between a Buyer and Operator you should contact us in the first instance, and provide us with all of the relevant details of the dispute. We will discuss the dispute with you and the Operator and attempt to reach a mutually agreeable outcome. If you would prefer to deal directly with the Operator in relation to the dispute we will provide you with the Operator’s contact details upon request.
Notwithstanding any assistance we may provide in relation to the resolution of a dispute, you acknowledge that we are not a party to any dispute between you and the Operator and you release us from all claims, demands, loss, liability, expenses, and damage (whether direct or indirect) arising out of any dispute between a Buyer and Operator.
Where there is a dispute between a Buyer and us please contact us at firstname.lastname@example.org to seek a resolution. If we are unable to resolve the dispute either party may refer the dispute for mediation in New South Wales. If the dispute cannot be resolved via mediation then either party may take such further action as it deems appropriate, including the commencement of legal proceedings without further notice.
The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on the website. You should monitor any changes to the information contained on the website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
You acknowledge that certain services are provided on our behalf by third parties.
Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website, and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).
Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website.
All other use, copying, or reproduction of this website, the Content, or any part of any of them is prohibited, except to the extent permitted by law.
This website is for your personal, non-commercial use only. You may not use this website, our services, or any of the Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website unless you have our prior written consent.
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms and conditions purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Competition and Consumer Act and other laws. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law or the Competition and Consumer Regulation 2010 are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
You agree that we are not liable to you in respect of the acts or omissions of other users of our website, or in respect of the acts or omissions of Operators, and that we do not guarantee the quality, safety, or legality of goods and services offered via the website. You agree that, subject to our rights to intercede under these Terms, you are responsible for enforcing the terms of any Services Agreement formed under these Terms. You agree that you use the website and our services at your own risk.
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct or indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website, our services, any Services Agreement, and/or the information or materials contained on them, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
You must not assign or otherwise transfer your agreement with us to any third party without our prior written consent.
To the maximum extent possible at law you release us from any and all liability arising out of or in connection with any Service Agreement and the provision of any Boating Services.
You indemnify us and will keep us indemnified from and against any and all costs, claims, losses, demands, damages, liabilities, or expenses howsoever arising out of any breach by you of these Terms.
The warranties, indemnities, obligations of confidentiality, and dispute resolution provisions survive termination or expiry of this Agreement for any reason.
This Agreement (including any terms incorporated by reference) forms the entire agreement between each user and us in relation to its subject matter.
Your use of the website and these Terms are governed by the laws of New South Wales and you submit to the exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.
This policy applies to all Services Agreements. Each Buyer expressly agrees that this Cancellation and Refunds Policy forms part of the Terms.
Nothing in this Refunds Policy purports to exclude or impair any rights Buyers have under the Australian Consumer Law.
Each Operator must have its own Operator Refund Policy, which must be clearly displayed in the Operator’s terms of service. Each Operator Refund Policy must be compliant with applicable laws, including the Australian Consumer Law.
If an Operator does not clearly display an Operator Refund Policy the SHD Cancellation and Refunds Policy set out in Clause 3 below will apply.
Buyers should contact us directly in respect of any cancellations by utilising the contact details provided by us. We will discuss your cancellation options with the Operator and inform you of the outcome. If at any time you would like to deal with the Operator directly in relation to a cancellation we will provide the Operator’s contact details upon request. You acknowledge that the terms of the Service Agreement, or the terms set out in this Policy, apply to cancellation as applicable.
If an Operator’s terms of service do not specifically deal with cancellations the following terms will apply to your booking:
(a) cancellations more than 30 days prior to the date of the booking will incur a cancellation fee equal to 50% of the total cost of the booking; or
(b) cancellations 30 or fewer days prior to the date of the booking will incur a cancellation fee equal to 100% of the total cost of the booking,
(c) no refunds can be provided for any cancellations for NYE boat charters and NYE ticketed cruises;
and you irrevocably authorise us to charge such amounts (less any deposit we already hold) to the credit card we have on file in relation to the booking.
For the avoidance of doubt, any request to change a date of a booking constitutes a cancellation of the original booking and may incur the cancellation fees set out above.
Refunds will be issued by us in the form of payment used to complete the transaction. For example, where a transaction has been paid for:
(a) via PayPal, the applicable amount will be refunded to the Buyer’s PayPal account; or
(b) by credit card, the applicable amount will be refunded to the Buyer’s card.
Buyers agree that upon receipt of a refund from us the Buyer has no further claims against us or the Operator in relation to the relevant transaction.
Any disputes between Buyer and Operator in relation to refunds or exchanges should be notified to us. Clause 10.1 of the Terms will apply to any such disputes.
We believe planning your event should be fun and above all easy. Don’t spend your precious time browsing the web trying to find the perfect boat for your event. We'll do that for you, at no extra cost!