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Terms & Conditions

1.1 Definitions
In these terms and conditions, unless otherwise indicated by the context:
Agreement means the Charter Details, these terms and conditions and the Booking and Payment Conditions. 
Booking and Payment Conditions means the booking and payment conditions on the Sail Oniver website
BRER means BRER Charters Pty Ltd ACN 615 083 326. 
Charterer means the person(s) referred to in Schedule 1 in the Charter Details.
Charter Details means the document attached to these Terms and Condition titled "Charter Details – Orana Charters".
Fees means the fees specified in Schedule 4 of the Charter Details.
Releasees means BRER and its directors, officers, employees, agents, representatives, servants, contractors, subcontractors, representatives, sponsors, successors and assigns. 
Services means the services to be provided by BRER to the Charterer as specified in Schedule 3 of the Charter Details.
Term means the term referred to in Schedule 2 of the Charter Details as varied by these terms and conditions.
1.1 Interpretation
In these terms and conditions, unless otherwise indicated by the context:
    (a)    words importing the singular include the plural and vice versa;
    (b)    headings are for convenience only and do not affect interpretation of this document;
    (c)    a reference to a clause, paragraph, schedule or annexure is a reference to a clause, paragraph or schedule of or annexure to this document;
    (d)   a reference to "$" is to Australian dollars;
    (e)   an expression importing a natural person includes a body corporate, partnership, joint venture or association;
    (f)    a reference to a statute or regulation includes all amendments, consolidations or replacements thereof;
    (g)    a reference to a party to a document includes that party's successors and permitted assigns;
    (h)   no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this document;
    (i)    a covenant, agreement, representation or warranty on the part of or in favour of two or more persons binds them or is for the benefit of jointly and          severally;
    (j)    if an event must occur on a stipulated day which is not a Business Day, then the stipulated day will be taken to be the next Business Day; and
    (k)    a reference to a body, whether statutory or not:
    (i)    which ceases to exist; or
    (ii)    whose powers or functions are transferred to another body,
is a reference to the body which replaces it or which substantially succeeds to its powers or functions.
    2.1 The Charterer engages BRER to provide the Services during the Term.
    2.2 BRER agrees to provide the Services to the Charterer in accordance with this Agreement.
    3.1 In consideration of the provision of the Services, the Charterer will pay BRER the Fees in accordance with this Agreement.
    4.1 In this clause input tax credit, recipient, supplier, tax invoice and taxable supply have the meanings set out in the GST Act.
    4.2 A recipient of a taxable supply made under this Agreement must pay to the supplier, in addition to the consideration for the taxable supply, any GST paid or payable by the supplier in respect of the taxable supply.
    4.3 The recipient must pay the GST to the supplier:
    (a)   if there is a due date for the consideration for the taxable supply, on the same day as the due date for the consideration in respect of the relevant taxable supply; or
    (b)    if there is no due date, within 7 days of receiving a written request for a tax invoice from the supplier.
    4.4 A party’s obligation to reimburse another party for an amount paid or payable to a third party (eg a party’s obligation to pay another party’s legal costs) includes GST on the amount paid or payable to the third party except to the extent that the party being reimbursed is entitled to claim an input tax credit for that GST.
The parties may by mutual agreement vary the Services to be provided.
6. Insurance
    6.1 BRER will take out all insurance required to by law, in relation to the Onivia Fiji, its employees, agents and contractors.
    6.2 The Charterer agrees to take out appropriate travel insurance that covers adequate personal accident, medical, evacuation and repatriation expenses, as well as cancellation, curtailment, loss of personal effects and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Charterer. 
    6.3 The Charterer is responsible for arranging their own travel insurance. 
    6.4 The Charterer(s) will supply a copy of the travel insurance policies to BRER prior to the commencement of the Term.
    6.5 BRER may refuse to provide the Services until evidence of satisfactory travel insurance policies covering the Charterer(s) are provided to it.
7. charterer acknowledgements
    7.1 The Charterer acknowledges that providing the Services requires a degree of flexibility, and understands that the itinerary, accommodation and modes of transport are subject to change without prior notice due to circumstances beyond the control of BRER 
    7.2 Should the BRER deem it advisable to amend an itinerary for any reason, it may do so by shortening, varying or re-routing. The Charterer will be bound by these changes, and will not hold BRER liable for any loss of enjoyment that may result from such changes. 
    7.3 The Charterer will be bound to accept the authority of BRER or its servants, agents, employees or contractors at all times. 
    7.4 BRER does not accept responsibility or liability for any Charterer who contravenes any law or regulation of any country visited. 
    7.5 The Charterer, together with their personal property including baggage, are at all times solely at their own risk.
    7.6 Travelling with BRER may involve risks above and beyond those encountered on a more conventional holiday. The Services may involve dangerous activities including road travel, boat travel in ocean swells, trail biking, canoeing, surfing in large swells, all of which have inherent dangers that can result in serious injury including death. The Charterer accepts the risks associated with these activities. 
    7.7 Provision of the Services also involves dangers due to the remoteness of the Fijian Islands we travel to. The Services may include visiting geographical regions where, among other things, the standard of accommodation, transport, safety, hygiene, cleanliness, medical facilities, telecommunications, and infrastructure may not be of the standard found on a more conventional holiday. The safety of roads and standard of driving practices may also be lower in some of these regions relative to what the Charterer is accustomed to. Although BRER will do its utmost to ensure that its drivers adhere to local driving laws and drive carefully and safely, BRER does not guarantee the Charterers safety while driving and BRER will not be held liable for any loss resulting from road accidents that occur during the provision of the Services.
8. Passport, Visa and Vaccinations.
It is the responsibility of the Charterer to be in possession of and bring with a valid passport (minimum of 6 months remaining before expiry), visa permits, inoculations and preventative medicines as may be required for the duration of the Term. 
9. Warranties, liability and indemnities
    9.1 BRER warrants, represents and undertakes that:
    (a)    it will carry out the Services during the Term.
    9.2 The Charterer warrants, represents and undertakes that:
    (a)    it accepts and fully assumes all risks, dangers and hazards associated with the provision of the Services and the possibility of loss, personal injury or death resulting therefrom;
    (b)    it will comply with the directions of BRER and its , employees, servants and contractors at all times;
    9.3 To the fullest extent permitted by law and in consideration of BRER providing the Services, the Charterer agrees:
    (a)    to waive any and all claims that the Charterer has or may in the future have against the Releasees and to release the Releasees from any and all liability for any loss, damage, expense or injury including death, that the Charterer may suffer or that its next-of-kin may suffer as a result of BRER providing the Services due to any cause whatsoever, including negligence, breach of a duty of care and further including the failure on the part of the Releasees to safeguard or protect the Charterer from or warn it of the risks, dangers and hazards of being provided the Services..
    (b)    to hold harmless and indemnify the Releasees from any and all liability for any property damage or personal injury including death to any third party resulting from the Charterers being provided the Services.
    9.4 The obligations under this clause 9 survive termination or expiry of this Agreement.
    9.5 Each of the parties acknowledges that, in entering into this Agreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this agreement, and any conditions, warranties or other terms implied by statute or common law are excluded from this agreement to the fullest extent permitted by law.
10. Termination
    10.1 Either party may terminate this agreement by notice in writing to the other if the party notified fails to observe any term of this Agreement and fails to rectify this breach, to the satisfaction of the notifying party within 14 days of being given written notice of the breach.
    11.1 Severability
    (a)    If any clause or part of a clause of this Agreement is invalid, illegal, unlawful or otherwise being incapable of enforcement, that clause or part of a clause will be deemed to be severed from this Agreement and of no force and effect but all other clauses and parts of clauses of this document will nevertheless prevail and remain in full force and effect and be valid and fully enforceable.
    (b)    No clause or part of a clause of this Agreement will be construed to be dependent upon any other clause or part of a clause unless so expressed.
    11.2 Governing Law and Jurisdiction
    (a)    This Agreement is governed by the laws of New South Wales.
    (b)    Each party irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales.
    11.3 Force Majeure
Neither party shall be liable for any delay in meeting or for any failure to meet its obligations under this Agreement due to any cause outside its reasonable control. If a party is prevented from meeting its obligations under this Agreement due to circumstances beyond its control, it shall notify the other party of the circumstances.
    11.4 Further Assurance
Each party will from time to time do all things (including executing all documents) necessary or desirable to give full effect to this Agreement.
    11.5 Whole Agreement
This Agreement embodies the whole agreement between the parties relating to the subject matter of this Agreement and supersedes any and all oral and written negotiations and communications by or on behalf of any of them.
    11.6 Rights Not Affected by Failure to Enforce
The failure of either party at any time to enforce any of the provisions of this document or any rights in respect hereto or to exercise any election herein provided will not be a waiver of such provisions, rights or elections or affect the validity of this document.

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