Terms & Conditions
1. Making your booking
You can initiate a booking by email or by booking directly online on our website. You will have the option(s) to make the appropriate payment(s) by using our secure online payment system via credit card, or you can contact us with your intention to pay by bank transfer (see 2-a for Credit Card processing fees).
For all bookings, the party leader must be at least 18 years old and must be authorised to make the booking based on these terms and conditions by all persons named on the booking.
All payments are in Australian Dollars. A non-refundable date holding deposit of AUD 1500 must be paid in full, The charter date will be held for 14 days. We will confirm your charter by issuing a confirmation invoice and information package.
This invoice will be sent to the e-mail address registered with us at the time of booking and payment. Please check this invoice carefully as soon as you receive it.
Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies in any document within 10 days of our sending it out.
After the 14 day date holding period, 25% of the full charter must be paid to secure the booking.
The full balance of the charter must be paid by 60 days before the charter departure date. The party leader is responsible for making all payments due to us. All correspondence will be sent to the party leader.
All payments must be equivalent to the Australian Dollar amount.
The charter client will pay all transfer fees and exchange rate differences.
If we do not receive all payments due in full and on time, we are entitled to assume that you wish to cancel your booking. In this case, cancellation charges may be payable see clause 5.
(2-a) Credit Card Processing Fees
Diners Club 2.50%
All International Credit Cards 3.00%
All credit card fees are inclusive of GST
Where prices are indicated in printed material, they are accurate at the date of publication but could have since changed.
3. Tours/ Day charters
A non-refundable date holding deposit of AUD 500 must be paid in full at the time of booking. All outstanding amounts can be paid on the day of the tour/day charter. This must be paid before departure by either credit card or cash.
All-day charters and tours are subject to clause 2- a, 4, 7, 8, 9, 16.
4. Your contract
When you book your charter with us, and when you receive your receipt of payment for deposit or full payment, a legally binding contract is formed between your party and Brise Tropicale Pty Ltd (ACN: 624 141 895) trading as Tropical Yacht Holidays. By entering into this contract you are agreeing to all the terms and conditions laid out here and to make payment in full by the indicated due dates. Changes to these booking conditions or the General Information shown in our website and brochure will only be valid if agreed to by us.
5. Changes by you
Should you wish to make any changes to your confirmed charter arrangements, you must notify us in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests.
6. Cancellation by you
Cancellation must be confirmed in via email and sent to email@example.com by the party leader. This must be received by us before the departure date. The date on which the Company receives written cancellation will be the date used to determine cancellation charges.
As we start to incur costs from the time the charter is confirmed we will retain your deposit and also, will apply other cancellation charges as shown below.
These charges are based on how many days before your charter commencement we received your cancellation notice. These charges are a percentage of the total cost of your charter (not including the non-refundable date holding deposit of AUD 1500).
0-10 days (inclusive) 100% of total cost
11-20 days (inclusive) 90% of total cost
21-30 days (inclusive) 70% of total cost
31-40 days (inclusive) 50% of total cost
41-50 days (inclusive) 30% of total cost
51-60 days (inclusive) 20% of total cost
7. Changes and cancellation by us
We start planning the charter arrangements for our guests for many months in advance. Occasionally, we have to make changes to and correct errors in website and other details both before and after bookings have been confirmed and cancel confirmed charters, Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so.
The most common changes occur in the region of your destination. All sailing tours and trips are subject to the conditions of the weather. The safety, comfort, and enjoyment of our guests is our primary consideration and at times, changes in weather will mean sudden or significant changes in the itinerary of a given week. Such changes are executed solely at the discretion of the captain on board and we reserve the right to make them.
The total cost of your charter (not including the non-refundable date holding deposit of AUD 1500 will be refunded.
8. Force Majeure
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage or loss as a result of “force majeure”. In these Booking Conditions, “force majeure” means any event which we even with all due care, foresee or avoid.
Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
Brise Tropicale Pty Ltd (ACN: 624 141 895) trading as Tropical Yacht Holidays (the company) requires that all clients take out personal travel/sailing insurance to cover the client for all medical, loss and cancellation. The Company will not be held liable for loss, injury, death, or damage suffered by the client. You will not be allowed onboard the vessel without current travel/sailing insurance cover.
The company and its directors and its insurance underwriters accept no responsibility or liability for accidents, injuries or death related to the yacht, the yacht’s dinghy, swimming and/or the use of snorkels, masks or allied equipment (such as scuba equipment), water skiing, windsurfing, personal watercraft, spinnaker flying, halyard flying, or other sports equipment, whether or not supplied by the Brise Tropicale Pty Ltd (ACN: 624 141 895) trading as Tropical Yacht Holidays or the charterer.
10. Our liability
We promise to make sure that the travel arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, and delivered to you to the best of our abilities as professionals and according to industry standards of best practice. This means that we will accept responsibility if for some reason your contract with us is not provided as promised as a result of proven negligence on our behalf. However, it is your responsibility to show that such negligence existed if you wish to claim from us. Also, we will only be responsible for the services promised to you by Brise Tropicale Pty Ltd (ACN: 624 141 895) trading as Tropical Yacht Holidays. This means use of a functional and safe sailing catamaran with qualified and knowledgeable crew to sail it as well any additional services such as a chef, provisions, etc promised to you by Brise Tropicale Pty Ltd (ACN: 624 141 895) trading as Tropical Yacht Holidays on the website or by email at the time of your booking.
As a condition of this your booking with us, we limit the maximum amount we may have to pay you for any claims you may make against us. All Guests are responsible for keeping their property secure. Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is AUD 500 per person affected unless a lower limitation applies to your claim under this clause.
Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which based on the information given to us by you concerning your booking before we accept it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or another fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally, we cannot accept liability for any business losses.
When you book with us, you agree that you must comply with the rules and regulations applicable to the vessel. These rules are for your safety and the safety of the crew and the vessel, As such, our Captain has the full backing and authority of Brise Tropicale Pty Ltd (ACN: 624 141 895) trading as Tropical Yacht Holidays and the full backing and support of the directors of our parent company, Brise Tropicale Pty Ltd (ACN: 624 141 895). You accept responsibility for any damage or loss caused by you or any member of your party. Details of a current valid credit card must be supplied and will be kept securely as security for loss or damage. The details of a current valid credit card will be removed from our system upon confirmation from our Captain that no loss or damage to company equipment was incurred by the charter part.
Drugs and other illegal activities. The use, transportation or possession of any illegal drugs or any other contraband or the participation in any other unlawful activity is strictly prohibited. If any such violations are detected, the person(s) concerned will be required to leave the vessel. We contact the local law enforcement authority. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of such a termination.
We expect all clients to have consideration for other people. If in our reasonable opinion or the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the travel arrangements of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the vessel or other services concerned. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of such a termination.
12. Complaints and Problems
In the unlikely event that you have any reason to complain or experience any problems with your whilst away, you must immediately inform our representative or your point of contact with Brise Tropicale Pty Ltd (ACN: 624 141 895) trading as Tropical Yacht Holidays. Any verbal notification must be put in writing and given to our representative as soon as possible. Until we know about a problem or complaint, we cannot begin to resolve it. Most problems can be dealt with quickly. If you remain dissatisfied, however, you must write to us within 28 days of your return home, giving your personal information and the details of your complaint. Only the party leader should write to us. If you fail to follow this simple complaints procedure, your right to claim the compensation you may otherwise have been entitled to may be affected or even lost as a result.
13. Special requests and medical issues
If you have any special request, you must advise us in writing at the time of booking. Although we will endeavour to meet the needs of any reasonable request, we regret we cannot guarantee any request will be met without specific confirmation by us. Confirmation that a special request has been made in your booking notes, invoice, or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests should be considered unavailable.
If you or any member of your party has any serious medical or physical issues please inform us at time of booking. We are happy to try to accommodate anyone we can with all reasonable considerations to the safety of the vessel and its guests.
14. Excursions, activities and website information
We cannot guarantee accuracy at all times of information given concerning any activities or excursions available in or about the resorts, areas, restaurants, villages, vendors, or locations that you may visit generally (except where this concerns the services which will form part of your contract with us) or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control. If we become aware of any material alterations to areas, information and/or any outside activities or conditions which can reasonably be expected to affect your decision to book travel arrangements with us, we will pass on this information at the time of booking.
15. Passports, visas and health requirements
Please take note of any passport or visa requirements, including expiration dates, required by any members of your party well in advance of your charter date. If you or any member of your party does not yet have a passport, we recommend that you should apply for one at least 6 weeks before .
Requirements may change and you must check the up to date position in good time before departure with the Embassy or Consulate of the country(es) you are travelling through and the Kingdom of Tonga. It is the party leader’s responsibility to ensure that all members of the party have all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you or any member of your party are refused entry onto any transport or into any country. Should this situation arise the company will consider you have cancelled the charter (Ref to clause 5).
16. Prices and Brochure Accuracy
Please note, the information and prices shown on our website or brochure may have changed by the time you come to book your travel arrangements. Whilst every effort is made to ensure the accuracy of the website/brochure and prices at the time of publication, regrettably, errors do occasionally occur. You must, therefore, ensure you check all details of your chosen travel arrangements (including the price) with us at the time of booking.
This website is our sole responsibility. It is not issued on behalf of and does not commit any independent organisation/carriers whose services are featured in it.
17. Safety, quality standards and governing law and taxes
Please note, while we are extremely dedicated to the safety and security of our guests, crew vessel(s) and it is the requirements and standards of the Kingdom of Tonga which make up your travel arrangements are provided which apply to those services and not necessarily those of your party’s home country. Additionally, our vessel and crew conform to international standards and Australian Standards. Brise Tropicale Pty Ltd (ACN: 624 141 895) trading as Tropical Yacht Holidays and our guests are subject to all laws that the kingdom of Tonga. Guests are subject to all taxes in the kingdom of Tonga. As at the time of writing all restaurants, shops, boutiques, services, activities prices are all tax included.