Our T&Cs:

All cancellations must be in writing.

We understand things may change, so we have made cancellations very easy.

In every instance we always recommend you purchase travel insurance for life’s last-minute hiccups.

Please see our terms and conditions for details prior to booking.

Additional Private Charter Vessel T&Cs:

Havana Luxury Charters Terms and Conditions

1. DEFINITIONS

In this AGREEMENT, the following terms have the following corresponding meaning: CHARTER means the cruise for which the CHARTERER is paying, and HAVANNA LUXURY CRUISES is providing.
CHARTERER means the client who is paying for the CHARTER.
CHARTERER’S GROUP means all passengers who will take part in the CHARTER.
MASTER means the dully qualified person in charge of the VESSEL.
VESSEL means HAVANNA mentioned VESSEL and Tender to Havanna specified in the schedule details.

2. INVOICES
Invoices are only valid for 7 days, and CHARTER dates are still available to other parties to book until funds are received in HLC bank Account.

3. SECURITY DEPOSIT
The CHARTERER shall provide credit card details for a Security Deposit to HLC or the BOOKING AGENT, prior to commencement of the CHARTER (held with credit card details on file). HLC or BOOKING AGENT may use the details if the CHARTERER or the CHARTERER’S GROUP causes damage or loss to the VESSEL during the CHARTER.

4. RIGHT OF REFUSAL
HLC reserves the right to refuse bookings which contravene these Bookings Terms and Conditions. The CHARTERER must provide all necessary details to HLC30 about the CHARTER and the CHARTERER’S GROUP.

5. SPECIAL EVENTS, PUBLIC HOLIDAYS, AND PEAK SEASON
All Public Holidays will incur a 20% surcharge and be dependent on the vessel’s location and HLC reserves the right to amend payment terms on these busier dates and the CHARTER FEE will reflect these increased rates. Special Events and Peak Season dates will also incur a surcharge based on the timeframe (Peak Season – Easter dates & 24th December – 1st January)

6. TENTATIVE BOOKINGS
Tentative bookings will be held in good faith for a mutually agreed length of time pending payment of a deposit, or until another party wants to book the same date, whichever is
sooner. The booking is not secured until a deposit has been received into HLC account and this signed AGREEMENT returned.

7. CONFIRMED BOOKINGS
A CHARTER will be confirmed on receipt of the Deposit being cleared into HLC Bank Account and signed acceptance of these Terms and Conditions. All bookings made within 30 days of the CHARTER Date require payment in full at the time of booking. Any payment confirms the CHARTERERS acceptance of these Bookings Terms and Conditions even if the AGREEMENT is not signed by the CHARTERER.

8. DEPOSIT
The deposit payable is 50% of the TOTAL CHARTER FEE unless otherwise specified in the Deposit and Final Payments. If the CHARTER is booked within 30 days of the CHARTER, full payment of the CHARTER FEE is required.

9. FINAL PAYMENT
Final payment is required 30 days prior to CHARTER unless otherwise agreed.

10. PAYMENT METHOD
Electronic Funds Transfer (EFT) to HLC nominated Australian Bank account as stated on the invoice.

11. CANCELLATION
More than 60 days prior: An alternative CHARTER Date may be arranged with no rebooking fee. Alternatively, the deposit can be refunded to the CHARTERER less 10% for booking and administration purposes.

Between 60 - 30 days prior: Deposit is not refundable. An alternative CHARTER Date may be arranged. The alternative CHARTER Date must be confirmed at the time of postponement

Between 30-7 days prior: Full payment is not refundable. If within these days the CHARTER is postponed at the request of the CHARTERER, then a 10% rebooking fee applies along with any rate difference. The alternative CHARTER Date must be confirmed at the time of postponement.

Within 7 days prior: No refund, credit, or postponement will be issued and full payment of the Charter Fee will be payable.

Cancellation by HLC for; severe weather, safety, VESSEL inoperability, or any other reason is at the MASTER’s discretion. In the unlikely event of cancellation by HLC, where available, HLC reserves the right to substitute a suitable alternative VESSEL or an alternative CHARTER Date suitable to both parties will be offered. If nothing else is available or suitable, a refund will be given. All cancelations and postponements must be made in writing to be valid and considered.

12. RESPONSIBLE SERVICE OF ALCOHOL
The VESSEL operates under the Responsible Service of Alcohol (RSA) and as such reserve the right to refuse service to the CHARTERER and the CHARTERER’S GROUP under 18 years of age or who is perceived intoxicated, for all CHARTERS.Bring your own (BYO) alchhol is not permitted without the prior approval of the Master.  Wherever alcohol is served substantial food must also be provided by the CHARTERER to satisfy the RSA obligations.

The VESSEL reserves the right to refuse entry to passengers who arrive intoxicated or to terminate the CHARTER if it is deemed that intoxicated passengers pose a threat to the safety of its passengers, crew, and VESSEL.

13. CHARTER COURSE
The course to be undertaken during the CHARTER may be agreed in advance with HLC or with the MASTER on the commencement of the CHARTER. The CHARTERER acknowledges that the MASTER always has sole discretion to take whatever action is necessary to protect and maintain the safety, welfare, and good order for the VESSEL, its passengers, and crew with regard to; cruising course, weather conditions, anchorage, clearance, and any other activity on the water.

14. WEATHER CONDITIONS
All CHARTERS will proceed regardless of weather conditions unless deemed unsafe by the MASTER on the day. Cancellation or rescheduling of the CHARTER by the CHARTERER to unfavorable weather conditions

are subject to the cancellation terms in clause 11. HLC or the VESSEL are not responsible for the weather conditions and any adverse weather conditions do not give the CHARTERER the right to terminate the CHARTER.

The MASTER will determine if the weather conditions are safe to operate the CHARTER as planned. There are no postponements for rain, strong winds, or unsavory conditions unless weather warnings are in place and the MASTER is solely responsible for calling a cancellation or postponement.

15. SHOES POLICY
The VESSEL has a strict no shoes policy. All shoes will be collected prior to boarding and stored during the charter. Shoes will then be returned to

guests to put on once disembarked from the VESSEL. Exception will be made by prior arrangement for guests with medical conditions that require them to wear shoes.

16. SMOKING POLICY
HLC has a no smoking policy to avoid damage to the VESSEL caused by ash/embers. A designated outdoor smoking area onshore will be advised by crew for when the VESSEL is at anchor or berthed. Smoking of any kind (including e-cigarettes, unless given permission by the MASTER) is not permitted onboard at any time. Any damage caused by failing to comply with the no smoking policy may incur a repair fee.

17. EMBARKATION AND DISEMBARKATION
The VESSEL will be available to guests at the agreed times stated in the PARTICULARS OF CHARTER. All passengers have 15 minutes to board and 15 minutes to disembark. Any guests who arrive earlier will be given access to the vessel, on the Master’s discretion only if the vessel is in readiness for guests.

18. SWIMMING AND WATERSPORTS ACTIVITIES
Swimming and/or water sport activities, including the yacht toys, must be arranged ahead of CHARTER, so a suitable charter course and swimming

location can be provided. Swimming and water sport activities are only permitted during daylight hours, when the VESSEL is at anchor, and all passengers entering the water do so at their own risk. HLC and VESSEL take absolutely no responsibility for your safety for swimming and any water activities that are used throughout the CHARTER.

19.1 ACTIVITY WAIVER
An Activity Waiver will need to be signed at the beginning of the CHARTER by the CHARTERER and each of the CHARTERER’S GROUP if they wish to participate in any activities off the vessel during the CHARTER.

19.2 SWIMMING AND ALCOHOL CONSUMPTION
HLC does not permit any swimming off the VESSEL or participating in any water sport activities after the consumption of excessive alcohol and reserves the right to prevent any passenger/s who are deemed unfit from entering the water to ensure the safety of passengers, crew, and equipment.

19.3 WATER SPORT USE
Due care and diligence will be given to the sea state on the CHARTER Day. The CHARTERER acknowledges that the MASTER always has sole discretion to cancel water sports due to unfavorable weather conditions (including but not limited to wind, severe weather, tidal currents, or risk associated from marine wildlife). If an additional cost for Water Sport has been incurred, it will not be reimbursed to the CHARTERER. Any additional cost to hire an extra Crew for specific water sports will not be refundable.

20. LYCRA SUN SUITS
During summer season (November to May) it is strongly advised for the CHARTERER and the CHARTERER’S GROUP to wear a Lycra sun suit, stinger suit when entering the water. If the CHARTERER or the CHARTERER’S GROUP fail to adhere to this advice, they do so at their own risk.

21. RESPONSIBILITY OF THE CHARTERER
The CHARTERER is at all times responsible for the conduct of the CHARTERER’S GROUP. All passengers fall under their responsibility.

22. DAMAGE TO THE VESSEL
The CHARTERER shall be liable for any loss or damage to the VESSEL, or its equipment or fittings howsoever caused by the CHARTERER or the CHARTERER’S GROUP. Fair wear and tear are excepted, to a degree determined by the MASTER onboard and exceeding

this an invoice will be provided for payment to rectify if any have occurred below:

a. Any Loss or damage to the yacht, its fittings, bedding, or any equipment, caused by the CHARTERER or the CHARTERER’S GROUP.

b. Any unreasonable amount of excessive uncleanliness caused by the  CHARTERER or the CHARTERER’S GROUP.

23. DECORATIONS
The CHARTERER may place decorations on the VESSEL during the CHARTER ONLY if approved in advance. CHARTERER is responsible for set up and removal. Decorations must NOT be placed using adhesive tape, pins, tacks, or any other material which will damage or mark the VESSEL. All decorations must be removed at the end of the CHARTER.

24. LIMIT OF LIABILITY
It is a condition of the CHARTER the liability of HLC, their agents, employees, and subcontractors is agreed to be limited in accordance with the Limitations of Liabilities and Maritime Claims Act 1989 and that any claim for loss or damage must be notified in writing within 7 days from the day of the CHARTER and any court action, suit or proceeding must be brought within 365 days of the CHARTER Date.

25. RISK WARNING
There are inherent risks and dangers onboard any VESSEL. The CHARTERER and the CHARTERER’S GROUP participate in the CHARTER at their own risk.

26. INDEMNITY
The CHARTERER agrees to indemnify and hold harmless HAVANNA LUXURY CRUISES their agents, employees, and subcontractors from and against any and all losses, claims, actions, costs, expenses, fees, damages, fines and liabilities (including reasonable legal fees) caused by any negligent act or omission by the CHARTERER or members of the CHARTERER’S GROUP including:

a. Failure to follow any reasonable direction given by the MASTER or Crew;

b. Failure to comply with any of these terms or conditions;

c. Failure to comply with any warning signs;

d. Unreasonable or unsafe behavior;

e. Willful misuse of the equipment or facilities of the VESSEL;

f. Intoxication or the use of prohibited drugs.

27. JURISDICTION
The laws of Queensland govern this agreement, and the parties agree to submit to the jurisdiction of the Courts of Queensland in respect of any disputes arising between them.

28. SAFETY – MASTER’S AUTHORTY
The CHARTERER and the CHARTERER’S GROUP will comply with all directions given by the MASTER of the VESSEL. The MASTER at any time, can or will terminate the CHARTER if they:

a. SAFETY BRIEFING: All guests must participate in a safety briefing issued by the MASTER and Crew at the beginning of the Charter.

b. Safety compromised: If the MASTER believes the safety of the VESSEL or CHARTERER or the CHARTERER’S GROUP on the CHARTER to be at risk

or refuse to comply with the MASTER’S directions, the CHARTER will be terminated immediately, and the VESSEL returned to the point ofembarkation with no refunds or liability for early return.

c. Illegal Substances: If the MASTER believes there is use of illegal substances onboard, the MASTER will terminate the CHARTER immediately and the VESSEL will be returned to the point of embarkation with no refunds or liability for early return.

d. Jumping Overboard: If at any time, the CHARTERER or a member of the CHARTERER’S GROUP is to jump overboard whilst the VESSEL is moving, the CHARTER will be terminated immediately by the MASTER, and the VESSEL returned to the point of embarkation. The person may be reported to the QLD Water Police and face appropriate fines.