This Agreement is made between NLA Group PTY LTD Trading As Magic Cruises (ABN: 36 603 637421), of 36 Ferrier Drive Menai, in the State of New South Wales herein identified as (“NLA Group”) and the party identified in the Charter Invoice (the “client”), and is subject to the terms and conditions set out hereunder.
NLA Group proposes to conduct the chartered event, entertainment or presentation more particularly described in the Charter Invoice (“the event”) at the place identified in the Charter Invoice (the “venue”), and the client has requested NLA Group to make the vessel available to it at as set out in the Charter invoice
The client must pay to NLA Group the required deposit referred to in the Charter Invoice no later than the due date of this Agreement. NLA Group may cancel this Agreement at its absolute discretion if the deposit is not so paid. In the case of all special event dates (includes but not limited to, Australia Day and New Year’s Eve, tickets will require full payment to secure placement, tickets are non-refundable upon receipt of booking form
New Year’s Eve Bookings: Please note that all New Year’s Eve cruise booking ticket amounts are processed in full By NLA Group. Due to the nature of the cruise no refund is provided should a customer decide to cancel the New Year’s Eve booking ticket once the amount has been processed. NLA Group will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with failure to board the vessel. No refund will be provided should you not board the vessel for any reason.
The client must pay the balance of the total price no later than ten working days (10) working days before the date of the event shown in the Charter Invoice. NLA Group may, at its discretion, terminate this Agreement in the event that the client fails to pay that balance, in which case NLA Group may retain all monies paid by the client and may proceed further against the client to recover the balance of the total price.
If this Agreement is entered into less than ten working days (10) working days before the event, the total price shown in the Charter Invoice is payable in full within ten (10) days of the date of this Agreement. NLA Group may, at its discretion, terminate this Agreement in the event that the client fails to pay that balance, in which case NLA Group may retain any monies paid by the client and may proceed further against the client to recover the balance of the total price.
The client may request NLA Group to allocate additional seats or Passengers no later than ten (10) days before the date of the event. Subject to additional seats or accommodation being available, and at its absolute discretion, NLA Group may agree to allocate additional seating or accommodation to the client. NLA Group will notify the client of the additional price, and that price must be paid by the client within twenty four (24) hours of the time at which NLA Group notifies the client that the seating or accommodation is available.
In the event that the client notifies NLA Group not less than ninety one (91) days before the event that it wishes to terminate this Agreement and to proceed no further, NLA Group shall be entitled to retain the deposit which the client has paid. If no deposit has been paid to NLA Group at the time of the cancellation, the Client shall nevertheless be liable to pay NLA Group, 25% of the total cost as a cancellation fee, without limiting its right to proceed further against the client to recover payment of any other loss or damage which NLA Group may suffer as a result of the cancellation.
If the client cancels this Agreement less than Ninety one (91) days before the event, the client must pay the total price to NLA Group. Notice of cancellation by the client will have no force or effect unless it is received in writing by NLA Group. If the notice is not received on a working day then the notice shall only take effect on the next working day after it is received.
NLA Group shall make reasonable efforts to provide seating or accommodation at the event described in the Charter Invoice, but reserves the right to make additions to or omissions from the event as described in the Charter Invoice and to alter dates and times for the event at its sole discretion.
Without limiting the effect of any provision hereof, NLA Group will not be liable to make any refund to the client nor will it be liable to the client for damages if for any reason whatsoever outside the control of NLA Group the event is wholly or partially cancelled for any reason. The client acknowledges that NLA Group has advised it to obtain appropriate insurance coverage in respect of any loss it might sustain if the event is cancelled for any reason, including bad weather.
Should NLA Group be affected by a force majeure, not arising out of its own negligence, which may include but not be limited to floods, fire, storms or other natural disasters, the partial or total destruction of the venue, any civil or labour unrest such as strikes, lockouts, riots or actions on the part of a government or other authority which interfere with the party’s ability to meet its obligations under this Agreement including embargos, prohibitions or similar actions, NLA Group shall immediately advise the client of the force majeure. Any delay or inability by NLA Group to meet its obligations under this Agreement shall not be deemed to be a breach if the delay or inability to perform arises as a result of the force majeure.
NLA Group has the sole right to provide food and liquor in all areas identified in the Charter Invoice and no items of food or liquor are to be brought into the venue by the client unless stated on the Charter Invoice. NLA Group warrants that it shall at all times comply with local liquor licensing laws.
Except as expressly provided to the contrary in this Agreement all terms, conditions, warranties, undertakings, inducements or representations, whether express, implied, statutory or otherwise, relating in any way to the provision of the services described in the Charter Invoice or to the event or to this Agreement are excluded. Without limiting the generality of the preceding sentence, NLA Group shall not be under any liability to the client in respect of any loss or damage (including consequential loss or damage) howsoever caused, which may be suffered or incurred or which may arise directly or indirectly in respect of a failure or omission by NLA Group to comply with its obligations under this Agreement.
The client warrants that it has not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of NLA Group which has not been stated expressly in this agreement or upon any descriptions or illustrations or specifications contained in any document including any brochures, website or publicity material produced by NLA Group.
The Client indemnifies NLA Group for any and all costs and expenses incurred by NLA Group in recovering any amounts due to NLA Group pursuant to this Agreement or for any steps taken by NLA Group to enforce or protects it’s rights under this Agreement, including but not limited to legal costs and expenses on a full indemnity basis.
The parties acknowledge that the Charter Invoice is incorporated into this Agreement and that both the Charter Invoice and the terms and conditions herein contained constitute the entire agreement between the parties.
This Agreement shall be governed by and construed in accordance with the laws for the time being in force in the State of New South Wales, and the parties submit to the non-exclusive jurisdiction of the Courts of that State and any Court that may hear appeals from those Courts in respect of any proceedings in connection with this Agreement.