terms & conditions

Please read the following terms and conditions carefully. 

References to “us”, “we” and/or “our” in these booking terms and conditions shall mean the “Beach Shack Fishing Charters” (ABN 41 641 080 999), and “You” and “Your” refers to you, the client, all other parties in your group booking, visitor, website user or person using our website.

Beach Shack Charters is a supplier of recreational services and activities, including but not limited to charter fishing and boating experiences and associated activities. The following terms and conditions apply to all charter bookings with Beach Shack Charters, whether you make a booking over the telephone, via email, our online booking facility, or by any other means.

By making a booking you confirm that you have read, understood, accepted, and agree to be unconditionally bound to these terms and conditions contained herein. 

1. PRICES

All prices are shown in Australian Dollars including GST unless otherwise specified. All prices and dates are subject to availability and can be withdrawn or varied without notice. Price changes may occur by reason of matters outside our control which increase the cost of the product or service. Such factors include but are not limited to adverse currency fluctuations, fuel surcharges, taxes, and industry market rates. The price is only guaranteed once paid for in full by you. Please note that prices quoted are subject to change.

Each price may have a built-in booking fee in accordance with the product. This booking fee is an administrative charge imposed on us by our booking platform and passed on to you at the same cost. 

If paying by credit card, credit card company merchant fees may apply depending on your financial institution and will be then listed on your booking confirmation and invoice. These charges are passed on at the same cost as we are charged by our payment providers as a fee for their service. 

Booking fees and credit card company merchant fees are non-refundable under any circumstance.

2. TERMS OF SALE

You, the client, may make an offer to us to purchase our services advertised on our site at the specified price by placing a booking with us by our published acceptable means and by making the required payment of a deposit or full fee at the time of booking (including any taxes). You will have been taken to have communicated your offer when all the requirements set out in these terms and conditions have been met. We may, in our sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including a failure to receive payment in full, an error in the advertised price for, or description of the services on the website, or an error in your booking. If we accept your offer for purchase of our services, we will communicate acceptance to you by confirming your reservation on our charter. You agree that you have entered into a contract for the sale and supply of services with Beach Shack Charters when we confirm your reservation with you.

Payment in full is required for all per person bookings 24 hours prior to departure (10 business days for full private boat charters), and we reserve our right to cancel a reservation where the required payment has not been made. In such events, you will forfeit any deposit paid.

The Vessels are all fully AMSA (Australian Marine Safety Authority)  certified and compliant as are the minimum crew levels, this will not be waivered for any charter type.

We endeavor to operate all charters in safe and appropriate weather conditions. Weather is monitored closely at all times and in the event the conditions are considered to be unsafe, we reserve the right to reschedule charters up until the intended departure time. All effort is made to give as much prior notice of reschedule as possible, but no liability is accepted for inconvenience or last-minute change of charter plans by us. In these events and for individual bookings (i.e. not a private charter), a full refund or reschedule (within 3 months) of the reservation is available for the individual booking. 

For any private charter booking, a reschedule date will need to be organised by the booking group and agreed with Beach Shack Charters based on the vessel availability and be within 3 months of the original booked date and of the same value (e.g. the original booking was for a non-public holiday and can be moved to a non-public holiday. A reschedule to a public holiday booking will incur additional fees). 

Once the vessel has departed (for individual and private charter bookings), no refund will be provided for shortened trips that may have been either requested by clients of a private charter, or as per skipper's decision due to safety or other extraneous circumstances.  

For any of our charters, please arrive at the vessel departure location 30 minutes before departure time in order to ensure all documentation and onboarding procedures are completed. If you arrive late and past your booked and agreed departure time, with respect to the tide and other passengers, the vessel will have departed and you will forfeit any booking or monies paid without refund.

Beach Shack Charters will not be held liable for any indirect costs incurred by booking a charter with us. In the event the trip is rescheduled or cancelled at any time by Beach Shack Charters, we will not be held liable for any travel costs, meals, accommodation, or any other costs the customer may have incurred.

3. CHARTER 

Beach Shack Charters (Per Person)

You are required to make payment in full at the time of the booking to confirm and secure a place on a charter.

If there is more than one person to a single booking, payment in full is required for each passenger. In making this booking, you are deemed to have the authority to act on behalf of the client or clients that are the subject of the booking. You warrant that we may rely on such authority and further that you will be liable for ensuring such client or clients understand and adhere to these terms and conditions.

Last minute additions to group bookings are also required to be paid in full at least 24 hours prior to the time of departure of the charter and are fully subject to availability.

ii. Beach Shack Charters (Whole Boat), Bare Boat (Fishing Charter where you book the full boat and bring all of your own equipment i.e. a fishing club) & Bare Boat (Non-Fishing i.e site seeing, private occasions, sunset tours etc).

Beach Shack Charters (Whole Boat), Bare Boat (Fishing Charter) & Bare Boat (Non-Fishing) are available for up to 16 passengers. A minimum deposit being 50% of the total service cost must be paid at the time of the booking to confirm and secure your charter. Final payment is required at least 10 business days prior to the time of departure of the charter. Failure to make a payment in full by the required time will result in our immediate cancellation of the charter reservation and forfeiture of your deposit. If booking within the 10 business days window then full payment is required at the time of booking.

In making this booking, you are deemed to have the authority to act on behalf of the group of clients that are the subject of the booking. You warrant that we may rely on such authority and further that you will be liable for ensuring such clients understand and adhere to these terms and conditions.

4. CHANGE & CANCELLATION POLICY

i.  Beach Shack Charters (Per Person)

All bookings of Beach Shack Charters (Per Person) are transferable to another person if Beach Shack Charters is duly notified and has accepted the change at least 72 hours before the trip and with provision of the correct booking information and acceptance of these T&Cs by the new participant. 

All bookings are strictly non-refundable for changes of mind, change of experience to a lesser value or cancellations by you (subject to your rights under Australian Consumer Law). Any changes in dates for charters booked by you must be made with us at least ten (10) days prior to the charter date of the original booking so that we have time to backfill the vessel with other clients. 

For all individual person charter booking, a reschedule date will need to be organised by the individual and agreed with Beach Shack Charters in writing based on the vessel availability. The new booking date for the rescheduled charter must be within 3 months of the original booked date and of the same value (e.g. the original booking was for a non-public holiday and can be moved to a non-public holiday. A reschedule to a public holiday booking will incur additional fees). Please note, once the vessel has departed (for individual and private charter bookings), no refund will be provided for shortened trips that may have been either requested by clients, or as per skipper's decision due to safety or other extraneous circumstances.  

All Beach Shack Charters (Per Person) have a strict policy on a minimum of eight (8) passengers for a fishing charter and twelve (12) passengers for a whale watching charter to take place. In the event that the number of passengers requirement is not met, individuals can nominate an alternative date or opt to pay the difference to the minimum number of passengers for the charter to proceed. 

ii. Beach Shack Charters (Whole Boat), Bare Boat (Fishing Charter) & Bare Boat (Non-Fishing)

The 50% deposit required to secure a Beach Shack Charters (Whole Boat), Bare Boat (Fishing Charter) & Bare Boat (Non-Fishing) is strictly non-refundable for changes of mind, change of experience to a lesser value or cancellations by you (subject to your rights under Australian Consumer Law). Any changes in dates for charters booked must be made with us at least ten (10) business days prior to the charter date of the original booking. You agree that at least ten (10) business days’ notice is a reasonable amount of notice in the circumstances of the services we provide. You agree to forfeit the 50% deposit if changes are made after this time. 

For any private charter booking, a reschedule date will need to be organised by the booking group and agreed with Beach Shack Charters in writing based on the vessel availability. The new booking date for the rescheduled charter must be within 3 months of the original booked date and of the same value (e.g. the original booking was for a non-public holiday and can be moved to a non-public holiday. A reschedule to a public holiday booking will incur additional fees).

Please note, once the vessel has departed (for individual and private charter bookings), no refund will be provided for shortened trips that may have been either requested by clients of a private charter, or as per skipper's decision due to safety or other extraneous circumstances.  

5. GIFT OR CREDIT VOUCHERS

Vouchers are non-refundable, not redeemable for cash, but are transferable to other individuals. The Purchaser or Voucher holder must advise us in order to affect a valid transfer of a voucher. Vouchers are valid for 6 months from the date of issue (the expiry date). Failure to redeem the voucher by this time will render the voucher invalid. Failure to show on your scheduled date and time will render your voucher invalid. 

Vouchers can be redeemed via the booking engine. Once the voucher has been redeemed (i.e., the trip date has been booked), all other terms relating to Change & Cancellation Policy apply. A voucher will be deemed to have been redeemed on the date of your booked charter. In the event you cancel your booking, your voucher will not be considered redeemed, and you must reschedule before the expiry date. In the event that we reschedule or cancel your booking for whatsoever reason, your voucher will be considered redeemed, and you will be permitted to reschedule outside of the 6 month period.

Where the cost of your charter is greater than the value of your voucher, you will be required to pay the difference. Where the cost of your charter is less than the value of your voucher you will not be entitled to a cash refund.

We recommend that Voucher holders book a charter well in advance of the expiry date. Weekend fishing trips are always popular and may be booked out many weeks in advance. Please consider this when making your arrangements.

6. SAFETY

We have made all reasonable efforts to identify and minimise any risks associated with your experience of our services. You agree to adhere to any rules set by us in connection with our services and failure to comply will result in cancellation or cessation of the charter in which event you will forfeit any payment made. Beach Shack Charters are alleviated from any liability caused by passengers not adhering or conforming to stated recommendations and rules outlined by crew on board the vessel.

For the safety of passengers and crew, no glass is permitted on the boat.

i. Minimum age of passengers

Due to occupational health and safety, we prescribe the minimum age of any allowable passenger on a charter to be twelve (12) years old for fishing charters and ten (10) years old for non-fishing charters. All minors (under the age of 18) must be under the control of and accompanied by a parent or legal guardian on the charter, who takes full responsibility for monitoring the minor passenger’s behaviour.

ii. Weather Conditions

We endeavour to operate all charters in safe and appropriate weather conditions. Weather is monitored closely at all times and in the event the conditions are considered to be unsafe, we reserve the right to reschedule charters up until the intended departure time. All effort is made to give as much prior notice of reschedule as possible, but no liability is accepted for inconvenience or last-minute change of charter plans by us. In these events, a full refund or reschedule of the reservation is available as per above conditions.

iii. Attire

We recommend passengers to wear comfortable clothing of a lightweight material for most days and occasions. It is also advised to bring along a jumper and/or windproof jacket as the conditions at sea are often harsher than what you will experience at the marina. Appropriate shirts, enclosed footwear for the fishing charters and flat-soled shoes for the whale watching charters must be worn at all times during the charter, no spike soled rock fishing boots to be worn.

iv. Medical Conditions & Seasickness

All of our trips are undertaken and designed for persons of normal health and fitness. Those with neck, back, shoulder, heart, breathing, circulation, epilepsy, pregnancy or any other similar conditions are advised that the Beach Shack Fishing Charters may not be suitable for them, and if they choose to book a charter fully do so at their own risk. All passengers must be able to make their way to a life raft in the case of an emergency. 

All passengers must declare any pre-existing medical condition that may affect their day out on the water prior to booking and departure. We recommend that you consult with your local doctor or specialist clinic before booking your charter. If you do need assistance  in the case of being physically or are visually impaired (blindness/partial blindness, double vision, blurred vision etc), we require you to bring a carer onto the boat as our staff are not medically trained to look after pre-existing medical conditions. Your carer must be in a position to look after you during the journey and in the case of an emergency which may require providing you assistance to swim to a life raft. Please notify us for any special arrangements. We reserve our right to refuse a person’s attendance on our charter for medical reasons and you agree that this is a reasonable act taken by us to ensure your safety and the safety of our crew.

Beach Shack Charters do not supply seasickness tablets. It is recommended that passengers use seasickness tablets according to doctor's advice and personal needs. In the event a passenger gets seasick, Beach Shack Charters is not obligated to bring any passenger back to the marina until the charter is completed. The exception is in extreme cases where a passenger or crew member requires immediate medical attention, and the decision is made by us to cease operating the charter to ensure the person’s wellbeing. You agree that we are not responsible or obliged to give refunds or offer an alternate charter in these circumstances.

v. Alcohol and Drugs

Alcohol is permitted on board the vessel but must be brought in moderate amounts. For the safety of passengers and crew, no glass is permitted on the boat. 

Passengers must be 18 years or over to consume alcohol. It is the responsibility of the passengers to abide by all alcohol consumption rules and to act responsibly when consuming alcohol to avoid any unsafe or anti-social behaviour. There may be times when we consider it appropriate to refuse or prohibit passengers to consume alcohol at any time during the charter. You agree that this is our absolute right and refusal by any person on board to adhere to our request will result in an immediate cessation of the operation of the charter with no refund. You agree to be responsible for any guests brought onto the vessel and you agree to forfeit of any payment made to us in such circumstances

Alcohol consumption does affect your ability to adapt to the conditions present at sea and we highly recommend you have sufficient food and water available when consuming alcohol.

Recreational drugs in any form are strictly prohibited on all grounds, any attempt at use onboard the vessel will immediately be reported to the Marine Police. Prescription medication must be declared at the time of booking.

Any person believed to be either intoxicated or under the influence of any drugs will not be permitted to embark the vessel for the charter or will be offloaded at the closest possible location effective immediately.

vi. Conduct

It is required that all passengers behave in a safe and respectful manner to all staff, other passengers, and our property. Any abusive or inappropriate behaviour on board will not be tolerated and could result in removal from the charter at the closest safe mooring, which could be in a different place to embarkation with no refund. 

Illegal activity is expressly prohibited and will result in removal from the charter at the closest safe mooring. You agree to be responsible for the conduct of any guests brought onto the vessel and you agree to forfeit any payment made to us in such circumstances.

vii. Smoking

Smoking or vaping are not permitted on the vessel. 

vii. Electronic Devices

It is at the Skipper's discretion on whether any electronic devices are allowed to be used on the vessel. If the skipper feels that you may be misappropriating fishing location marks, any electronic devices will be turned off and confiscated until the end of the trip.
 

7. COVID VACCINATION

The Queensland Government has relaxed requirements around COVID vaccination as of 14 April 2022, so full vaccination is no longer required. 

8. FISHING EQUIPMENT

Beach Shack Charters provides its customers with quality fishing equipment. This includes rod, reel, lines, bait, and tackle on all general charters and operates on a loss/replace basis. 

This means that any loss or damage to our equipment or damage to our vessel caused by accident, negligence or unruly behaviour, passenger(s) involved will be liable and responsible for the replacement or repair of the item or items at retail cost.

Passengers are welcome to bring their own fishing gear on their charters. Please notify us at the time of the booking.

9. OPERATING TIMES

We are open for business seven (7) days per week of every year, with the exclusion of Christmas Day (25th December). Charters are operating at different times depending on the charter location for the day and depending on the time of year. 

We require a minimum of eight (8) passengers to take a trip out.

The telephone will be manned during business hours, 06:00 – 16:00, seven (7) days per week.

10. WAIVER

It is possible for a supplier of recreational services or recreational activities to ask you to agree that statutory guarantees under Schedule 2 to the Competition and Consumer Act 2010 (Cth) do not apply to you (or a person for whom or on whose behalf you are acquiring the services). By making this booking you will be agreeing that your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue Beach Shack Charters in relation to recreational services or recreational activities that you undertake because the services or recreational activities provided were not in accordance with the guarantees are excluded, restricted, or modified as set out in here, are waived. 

11. LIABILITY

Beach Shack Charters emphasise the risks of personal injury or loss of life, damage to or loss of property that can be sustained on boats.

While we adhere to the strictest of safety procedures in all our operations, there are inherit risks associated with such activities. By making a booking, you acknowledge, agree and understand that we offer recreational services and activities (as defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) and that there may be risks of personal injury, loss of life, damage to or loss of property that can be associated with these activities. You acknowledge that this warning constitutes a ‘risk warning’ in accordance with the relevant legislation including the Civil Liability Act 2002 and agree that you have chosen to participate in our services of your own volition. You agree that, to the maximum extent permitted by law, your right to sue for personal injury and death caused by any breach (that does not constitute a reckless breach by us) of statutory consumer guarantees under Schedule 2 of the Competition and Consumer Act 2010 (Cth) are excluded.

You agree that Beach Shack Charters are not liable in any circumstance for any person or activities performed off the vessel, including slips, trips, falls on gangways, swimming or snorkelling or any other such activity not directly on the vessel. 

You further agree that, without limiting the foregoing, and to the maximum extent permitted by law, in no event will Beach Shack Charters or any of its related bodies corporate, directors, employees, consultants and agents be liable to any person in respect of any claim of any personal injury, loss, damage to property, death, illness, harm or economic loss suffered by you or any other person on a charter, whether consequential, direct or indirect and whether as a result of a breach of statute or statutory duty, in contract, tort (including negligence), equity, or otherwise in connection with your or that person’s participation in our services, or of a third party over whom we have no direct control, force majeure or any other event which is beyond our control or which is not preventable by reasonable diligence on our part. 

Under circumstances where our liability cannot be excluded and where liability may be lawfully limited, such liability is limited to the remedies required of us under applicable law (including the Australian Consumer Law). This liability clause is subject to your rights under the Australian Consumer Law and nothing in these terms and conditions is intended to limit any such rights.

You agree to indemnify, defend and hold harmless Beach Shack Charters, its directors, officers, employees, consultants, and agents from any and all third-party claims, liabilities, damages and/or costs (including but not limited to) legal fees, arising from your use of our services or your breach of the terms and conditions.

12. PHOTO & VIDEO DISCLAIMER

As a condition of your booking with Beach Shack Charters, we reserve the right to use any photograph/video taken on any charter supplied by us, otherwise advised, without the expressed written permission of those included within the photograph/video. You consent to us using your name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period of time without further notification, remuneration or compensation for the purpose of promoting, publicising or marketing the promotion (including any outcome), and/or promoting any products or services manufactured, distributed and/or supplied by Beach Shack Charters. We may use the photograph/video in publications or other media material produced, used or contracted by Beach Shack Charters including but not limited to: brochures, invitations, books, newspapers, magazines, television, websites, etc. It is your responsibility to direct any request to opt out, access, update or correct information to Beach Shack Charters.

To ensure the privacy of individuals and children, images will not be identified using full names or personal identifying information without verbal/written approval from the parent or legal guardian.

13.  ACCURACY OF TERMS & CONDITIONS

The information provided in this website is provided in good faith and on an as is basis. We reserve the right to amend these terms and conditions at any time by making changes to this page without notice. Any amended terms and conditions will supersede all previous versions or iterations we may have made available on this page and which you may have stored in your cache.