Banner 1

Terms & Conditions

Fremantle Charters

Definitions

Charter – Any hired use for a function of any description held onboard any vessel owned or supplied by Top Gun Charters.

Fremantle Charters – includes Swan River, Carnac, and Rottnest Charters by day or night.

TGC – Top Gun Charters.

Charter Organiser – the hirer of the vessel, the person/s responsible for the final payment and conduct of the charter.

Vessel Master – An employee or representative of TGC employed as the person in control of the vessel for any charter, identified to all passengers during the induction to all on board.

Crew - An employee or representative of TGC employed as deck crew for any charter, identified to all passengers during the induction to all on board.

Charter Terms

  • Any charter booked direct or through a booking agent on board a TGC vessel will only be confirmed after receipt by TGC of a deposit as described in Payment and booking terms. At this time details of the person/s responsible for the final payment of the charter must be supplied to TGC and they will be considered to be the charter organiser.
  • Personal details including telephone numbers, email addresses and postal addresses will only be used by TGC and will not be disseminated to any third party without the clear understanding or permission of the client. However TGC will release personal information if required by law enforcement or other government agencies investigating alleged incidents as a result of any charter on board any TGC Vessel.
  • At the time of booking TGC reserves the right to apply a maximum booking time to any proposed function. If this right is invoked then the charter price will reflect the revised charter times and will be in accordance with TGC's current pricing structure.
  • TGC reserves the right to terminate any charter without compensation or consultation under the following circumstances:
    • Any member of the crew observes underage drinking
    • Any member of the crew observes excessive alcohol consumption by any passengers
    • Passengers behave in an antisocial or threatening manner toward any person on board the vessel, any crew member or any member of the public who has cause to be in contact with the passengers at any time prior to or during the charter.
    • Passengers behave in a manner as assessed by any member of the crew which is deemed dangerous to them selves or any other person.
    • Passengers behave in a manner likely to damage or risk damage to the vessel, facilities & equipment on board. Also if any member of the crew observes any intended passengers causing damage to any facilities at any of the public or private berthing facilities prior to the commencement of the charter that person may be denied access to the vessel.
    • Passengers behave in any manner contrary to the instructions given by the crew during the induction at the commencement of the charter.
    • Any member of the crew witnesses or suspects any passenger/s of the abuse of illicit or prescription medications.
    • Any passenger fails to abide by the Terms and Conditions as printed and enforced by TGC Management, crew or representative.

If any of the above situations occur the action taken will be at the discretion of the master of the vessel. Any of the above may result in some or all of the passengers being removed from the vessel. The location of disembarkation in any of these circumstances may not be the original planned point. It will be the nearest jetty to the vessel at the time of the occurrence.

  • Any damage caused during any charter to the vessel, its fixtures, appliances or any other equipment on board by the charter organiser or any of the passengers on board during their charter will be the responsibility of the charter organiser and TGC will seek restitution for those damages.
  • The same applies to any loss of TGC equipment by the charter organiser or any passenger on board during their charter.
  • TGC accepts no responsibility for the loss or damage of any personal belongings of any passenger whilst on board any vessel supplied by TGC. Passengers must accept total responsibility for their own belongings.
  • Prior to the departure of the vessel from the departure point the master or a member of the crew will deliver an induction which will relate to the rules of the vessel and the safety procedures in an emergency. This should take no longer than 10 minutes with the cooperation of passengers on board. If passengers interrupt or are not listening the crew will wait until they have passengers full attention to ensure everyone on board is aware of the safety requirements and rules of the vessel. If any one is unsure of any of the procedures explained they should see the crew immediately after the conclusion of the induction.
  • The charter organiser and all passengers acknowledge that the Vessel Master has absolute authority over the vessel and any of the equipment belonging to TGC including but not limited to tenders, sporting equipment and catering equipment for the entire duration of the charter. This authority extends to all passengers and crew.
  • The charter organiser and all passengers acknowledge that the Vessel Master may at any time alter the scheduled route, destination or conduct including activities of any charter if it is deemed necessary for any reason pertaining to the safety and welfare of the vessel, the crew, and any person on board.
  • As a member of the Charter Boat Owners & Operators Association, Top Gun Charters will adhere to the code of conduct as set out by the CBOOA.

Charter Terms relating to Alcohol

The management and crew of TGC will always maintain a service and environment that values and adheres to guidelines to minimize the risk of harm through the consumption of alcohol.

These guidelines are a combination of those set by the Department of Racing Gaming & Liquor and self imposed guidelines and rules specific to any vessel supplied by TGC for charter by TGC Management.

The following apply in relation to the bringing and consumption of alcohol on board any supplied vessel:

  • Any intended passenger who in the opinion of the crew shows any signs of intoxication either from alcohol or any other substance abuse prior to the commencement of a charter will be refused access to board the vessel. Any subsequent attempts of that person or others to argue with the crew may result in the termination of the entire charter.
  • On all charters on board any vessel supplied by TGC food must be provided or organised by the charter organiser. This can be through TGC, BYO or an outside caterer. Food supplied must be considered a meal. A meal substitutes more than chips and nuts or bar snacks.
  • No bottles of unmixed spirits will be allowed on board. Spirits may only be bought on board in premixed cans or alco pop style drinks.
  • No shooters will be allowed.
  • No punch, slushie machines or cocktails will be allowed on board unless they are prepared and served by staff that holds an RSA qualification. This person must be supplied at the expense of the group organiser and proof of training will be required by the master prior to the service of any alcoholic drinks.
  • TGC crew members or representatives will not serve alcohol to any passenger.
  • The charter organiser must ensure a reasonable % of mid strength or lower alcohol volume drinks combined with soft drinks & water is available and loaded into our esky. A reasonable amount would be considered as a minimum of 25% of the total bought on board.
  • TGC reserves the right to withhold and control the amount of alcohol made available to the passengers for consumption during the charter. Just because it comes on board does not mean that it will be made available and put into the esky. Any withheld alcohol will be returned in sealed containers at the conclusion of the charter.
  • Bottled water must be provided by the charter organiser. A Minimum will be sufficient to allow for two 375ml bottles per passenger. (see above note) Additional Fresh water is always available free of charge on deck during any charter.
  • Any person/s deemed to be intoxicated by the master or crew will be identified to the charter organiser. It will be the responsibility of the organiser to ensure that that person does not consume any more alcohol for the duration of the charter. If this is not complied with the person/s may be removed from the vessel at the nearest jetty. The vessel will only return to the charter once the master is satisfied that that person/s is safe and in the care of a responsible person. Lost charter time will not be made up and the charter will conclude at the scheduled time. If the situation is serious enough the entire charter may be terminated without compensation. Costs associated with removal from the vessel i.e. taxis, public transport are the responsibility of the person/s being removed.
  • If the master or any member of the crew observe anti social or potentially dangerous behaviour by passengers disembarking from other vessels or any other person/s at the point of disembarkation the master may alter the drop off point or wait until the problem has cleared. TGC will not risk our passenger's safety by dropping them into a dangerous situation or environment nor will we add to the problem. If other arrangements have been made by the charter organiser relating to other activities or transport after the charter TGC accepts no liability for cost incurred by the passengers because of their delay in this situation. TGC will act in a reasonable and responsible manner to try to ensure the safety of our passengers, crew and the general public within the vicinity, within reason.
  • If a group of passengers are all intending to bring their own drinks, we will not allow unlimited numbers of eskies to be brought on board. The alcohol will be loaded into our esky. This applies to groups above 40 pax, and any group heading outside of the river. They are a safety hazard and we will not allow them onboard. For smaller groups in the river they will be limited to 5 additional eskies with a maximum size of 80 ltrs.
  • TGC reserves the right to inspect the contents of any drink container and esky brought on board prior to the commencement of any charter and the right to refuse the bringing of the items contained within and the container or esky from the vessel.

Terms of Payment

  • Any charter booking will remain a tentative booking until confirmation is received by TGC. Confirmation must be received within 14 days of the booking and must be accompanied by a deposit of $500.00. If another organiser requests availability of the same date as a tentative booking the first group organiser will be contacted. Confirmation must then be received within 24 hrs or the booking will be given away.
  • Full payment of the charter is required 7 days prior to the charter date.
  • Any charter will only proceed once full payment has been received. The previous point applies to all charters unless other arrangements have been negotiated by TGC management and the group organiser.
  • All quoted prices are in Australian Dollars and include GST.
  • Payment can be made by Cash, Electronic Funds Transfer or Cheques by prior arrangement with management.
  • A $500 surcharge may apply to Public Holiday bookings.
  • A $500 cash bond may be required which will be confirmed with the group organiser at the time of booking. The vessel supplied will be inspected prior to and at the conclusion of the charter and if any damage is noted part of, or the entire bond may be returned. If the damage exceeds the bond amount restitution for the difference will be sought from the group organiser at a later date.

Cancellations

  • TGC must receive notification of cancellations in writing.
  • The master of the vessel or management reserves the right to cancel any charter due to weather or in any circumstance that the master thinks that the safety of passengers and or the vessel would be at risk prior to the commencement of the charter. If this occurs either a full refund or an alternative date will be arranged with the group organiser. This does not apply if the cancellation is due to the assessment of the intended passengers at the pickup point if they are all intoxicated or deemed disorderly. In this instance no compensation will be offered.
  • If a group organiser wishes to cancel a charter booking once a deposit has been received they may be liable for a % of the full charter cost. % will be calculated on the following guide.
    • 30 days or more from the booked charter - $500 deposit held
    • 30 days to 14 days from the booked charter – 50% of the total charter fee
    • 14 days to 7 days from the booked charter – 75% of the total charter fee
    • 7days or less including no shows or cancellation on the day – 100% of the total charter fee.

All of the terms and conditions are set by the management of Top Gun Charters. Any variations or exemptions from some or all of the conditions will only be accepted on written advice from the management of Top Gun Charters.

Terms and conditions will always be provided to the group organiser and are available for reading on board any vessel at all times. Confirmation of a proposed charter and receipt of a $500 deposit will be considered as acceptance and acknowledgment of these terms and conditions in their entirety and will be expected as terms of trade in lieu of another written agreement approved by either director of Top Gun Charters.

North West Charters

Terms / Conditions and Information

Fishing

The entire catch of all reef fish for the week is shared out equally amongst all of the passengers. Pelagic fish such as Spanish Mackerel will be filleted and added to the total shared bags. Prize fish may be tagged.

All keepers will be spiked and filleted by the crew and then frozen.

At the conclusion of the trip your catch will be packed into a foam box which we will supply.

All fish boxes will be labeled with each person's details so that there are no problems with Fisheries when we get back in to Port on Thursday afternoon.

You will also be asked to complete a fish possession sheet which allows us to confirm your catch with fisheries.

Tackle is supplied however you are welcome to bring your own favourite rod. Lures are not supplied.

All state and federal fishing laws regarding size and quantity will be adhered to by those fishing from Top Gun II. Please listen to the crew and if you are in doubt ask.

Whilst maximum bag limits apply, TGC does not guarantee that these limits will be obtained during any charter. TGC believes in sustainable fishing practices and the duration and location of fishing activities will be at the discretion of the Master of the vessel at all times.

State Fishing Licence

TBA

Sleeping Accommodation

Individual bunks are found both below deck and four in the fresh air on deck. All inside bunks have their own light and the quarters are air-conditioned. Passengers will only require sleeping bags. Pillows are provided.

It is recommended that anyone who may experience sea- sickness or severe hangovers choose bunks either on deck or in the bow of the vessel where there is an open hatch for fresh air at all times.

There is also a fan downstairs to keep fresh air circulating at all times. Do not turn off the fan or close the hatch unless directed by the crew.

Drinks

ALL alcoholic and soft drinks are your responsibility. Tea, coffee and fresh water (desalinated) is provided on board. All drinks are stored and shared in one huge esky on deck with the exception of spirits and wine.

We will take care of the ice and keeping your refreshments chilled for maximum enjoyment.

Fishing Positions

With the exception of trolling for pelagics such as Mackerel, fishing positions are up to you as a group.

You are free to stay in one spot for the week or to move around the boat.

If everyone wants to rotate, positions this can be arranged. Otherwise, it is based on whoever wants to fish in any spot. However if some want to swap and other s don't the crew may rotate positions to ensure everyone gets a fair go.

Trolling will be rotated, so everyone gets a go.

Arrival / Departure Times

Arrival and boarding time is 4:00pm. In Geraldton and Carnarvon the vessel will stay in port Saturday night. Meals are then the responsibility of passengers at either the pub or one of the local restaurants.

Monte Bellos clients will receive an evening meal on the Saturday on the way to the anchorage for the first night. If the weather is too rough to leave the option will be the groups, boat or pub for dinner. (Pub meals not supplied by TGC).

All meals from then until the conclusion of the charter on Thursday afternoon will be provided. Thursdays evening's meal is up to the individual. Most groups go to the pub again or order pizza and have a quiet night.

Charter's run from early Sunday morning to Thursday afternoon (with the exception of the Montes), we provide you with accommodation on the Saturday & Thursday free of charge to better suit travel arrangements and for convenience to you.

Departure time is 10:00am or earlier Friday morning. Please ensure your travel arrangements fit in with our arrival and departure times. We must adhere to these timings to ensure sufficient time to prepare the vessel for the next group and maintain our high standard of presentation of Top Gun II.

Payments

Charter bookings will only be confirmed upon receipt of a $400 deposit for each person attending the trip.

It is recommended that group organisers ensure their group pays a deposit ASAP to secure numbers for the charter. Top Gun Charters reserves the right to top up any trips unless 12 deposits have been received 12 weeks prior to the commencement of the charter.

Full boat bookings are available in which case the group organiser will be responsible for paying the negotiated price to Top Gun Charters (TGC) and no outside individuals will be booked on the same trip.

Deposits are non refundable for those who simply change their mind or no longer wish to go on the charter. Top Gun Charters reserves the right to transfer deposits for individuals whose circumstances are negotiated with TGC to be used on another charter either the same year or the following season.

When paying deposits by EFT passengers are required to provide a Wk Number relevant to their trip and name for reference. E.g. Wk 12 M.Smith

Final payment of Charter is required one week prior to commencement of the charter unless otherwise negotiated with TGC.

Whole boat bookings or customized charters may be required to pay 50% of total booking cost as a deposit.

Each group organiser will be responsible for ensuring that each member of his/ her party receives a copy of the terms and conditions and itinerary.

Receipt of a deposit from each individual is considered as acknowledgment and consent to the terms and conditions supplied by TGC.

Code of Conduct

Whilst on board Top Gun II individuals are expected to behave in an appropriate manner and in accordance with the directions of the Master of the vessel and the crew.

Disorderly or illegal activities may result in the individual or group being removed from the vessel at the nearest port. Loss of charter time or costs associated with the removal will be the responsibility of the individual or group not TGC.

Abuse or use of illicit drugs or prescription medication is not permitted on the vessel at any time.

Abusive or inappropriate behavior toward any member of the crew will not be tolerated and may result in the removal of those involved.

The master of the vessel is at all times responsible for the safety and comfort of those on board. Decisions regarding the use of the vessel or associated equipment will be at his direction and discretion at all times.

Changes to itinerary

If a passenger needs to disembark for any reason prior to the proposed conclusion of the charter, cost associated with their disembarkation will be their own responsibility.

Charter timing will not be altered to make up any lost time.

If any member of the crew needs to disembark prior to the proposed conclusion of the charter TGC will be responsible for all associated costs.

Any significant changes needed to be made to the itinerary prior to or during the charter will be negotiated between TGC management and the group organiser. Any agreed changes are then considered a new contract and will be considered as the agreed program of events. Group organisers will be responsible to ensure that all group members are aware of the negotiated changes and unless individuals advise TGC of any complaints and objections to the suggested changes at the time, they will be considered to be in agreeance.

Any lost time and interruption to the charter by significant mechanical breakdown will be negotiated by TGC management and the group organiser.

Any lost time and interruption to the charter because of lost time due to weather during the charter, will not result in refunds or cancellation of the trip.

However if TGC management has reason to believe forecast weather will cause a total loss of a charter we reserve the right to cancel the charter and pay a refund to the group for the lost charter.

On Board Communications

The vessel is equipped with a satellite phone and Next G Mobile telephone.

Both may be used for outgoing calls in emergency situations only by passengers.

However the numbers may be given to relatives and those needing to give business interests a contact number for them to ring in at any time.

Those passengers needing to make regular telephone calls for personal or business reasons are advised to hire or purchase a satellite phone prior to coming on board.

If this is not possible, TGC management can be contacted and arrangements negotiated for urgent calls (not emergency) to be made on vessel phones and a fee can be paid to the master of the vessel.

Emergency calls should just be made after consultation with the master.