S L Clark & T M Connell-Clark T/a Audacious Duo Yacht Charters

Terms and Conditions

Version: September 2026

General Information

• These Terms and Conditions (“Agreement”) govern your use of the services provided by S L Clark & T M Connell-Clark T/a Audacious Duo Yacht Charters (“we”, “us”, “our”). By booking a sailing charter with us, you agree to comply with and be bound by these terms.
• We operate a sailing vessel (Audacious Duo) licensed to carry a maximum of 10 passengers and 2 crew members. All charters are subject to prevailing maritime laws, applicable safety requirements and weather conditions.

Definitions

• “Charter” means any sailing experience booked with S L Clark & T M Connell-Clark T/a Audacious Duo Yacht Charters.
• “Passenger” means any individual who books and/or boards the vessel.
• “Crew” refers to the two staff members operating and managing the vessel.
• “No-show” refers to a passenger who fails to appear for a scheduled booking without notice.
• “Master/Skipper” means the person in command of Audacious Duo for the relevant charter.

Bookings

• Bookings can be made via our website, phone, or authorised partners.
• Full payment is required at the time of booking to confirm your reservation.
• Bookings are not confirmed until payment is received, and a confirmation email is issued.
• Passengers must provide accurate personal information and notify us of any special requirements or medical conditions.

Weather, Safety and Cancellation by Audacious Duo

• The safety of our guests, crew and vessel is our highest priority. The Master/Skipper has the discretion to determine whether prevailing or forecast weather, sea and wind conditions are suitable for the charter to proceed safely.
• Weather and sea conditions may include, but are not limited to, strong winds, excessive swell, thunderstorms, heavy rain, poor visibility or other conditions that may make the proposed charter unsafe or unsuitable.
• A decision to cancel, delay, shorten or alter a charter because of weather or sea conditions will be made by the Master/Skipper after considering the forecast, prevailing conditions and the nature of the planned charter. The decision may be made close to departure where conditions or forecasts change.
• If Audacious Duo Yacht Charters cancels a charter because it cannot safely proceed due to weather or sea conditions, we will contact the booking customer as soon as reasonably practicable. Where possible, we will first offer the opportunity to reschedule to another mutually agreed date, subject to availability, or receive a credit for the amount paid, valid for 12 months from the original charter date.
• If rescheduling or a credit is not suitable or reasonably available, we will provide an appropriate refund or other remedy in accordance with the Australian Consumer Law and the circumstances of the cancellation.
• If a charter has commenced, the Master/Skipper may alter the itinerary, destination, route, duration or activities, or return to port early, where reasonably necessary for safety or operational reasons. Any refund or other remedy in those circumstances will be considered having regard to the services already supplied, the circumstances and the Australian Consumer Law.
• We are not liable for costs incurred by passengers outside the charter fee, such as travel, accommodation, parking or other expenses, except to the extent liability cannot lawfully be excluded or limited under applicable law.

Customer Cancellation

• If the charter is proceeding as scheduled and the Master/Skipper has determined that conditions are safe, a customer’s decision not to attend because they are concerned about the weather will be treated as a customer cancellation.
• Customer cancellations are subject to the refund schedule below. Customers are encouraged to contact us as early as possible if they have concerns about the forecast so that available options can be discussed.
  • greater than 30 days prior to the charter: Full refund
  • 29 days up to 14 days prior to the charter: 50% refund
  • 13 days up to 4 days prior to the charter: 25% refund
  • 3 days or less prior to the charter: no refund
  • All refunds will be processed within 10 business days to the original payment method
  • The cancellation provisions above do not exclude, restrict or modify any rights or remedies a consumer may have under the Australian Consumer Law

No-Shows and Terminations

• Passengers who fail to arrive on time will be deemed a no-show and are not eligible for a refund, subject to any rights that cannot lawfully be excluded.
• We reserve the right to terminate the charter or require a passenger to leave the vessel at a safe location where reasonably practicable if the passenger engages in unsafe, illegal, threatening, abusive or seriously disruptive behaviour. No refund will ordinarily be provided in such circumstances, subject to any rights that cannot lawfully be excluded.

Unaccompanied Minors

• Passengers under the age of 18 must be accompanied by a parent or legal guardian.
• We do not accept bookings for unaccompanied minors under any circumstances.

Your Obligations and Responsibilities

• Follow all instructions from the crew at all times.
• Respect other passengers and crew.
• Wear safety equipment when instructed.
• Report any medical conditions that may impact your ability to sail safely.
• Arrive on time for your scheduled departure.

Prohibitions

• No smoking, vaping, or illicit drug use on board.
• No weapons or dangerous goods allowed.
• No disruptive or unsafe behaviour.
• No feeding or interfering with wildlife during the charter.

Risk

• Sailing involves inherent risks including, but not limited to, motion sickness, slips, falls and weather-related hazards.
• By booking, you acknowledge and voluntarily accept the ordinary risks associated with sailing and participation in charter activities, subject always to rights and protections that cannot lawfully be excluded.
• Passengers must ensure they are physically fit to participate and must advise the crew of any relevant condition or limitation that may affect safe participation.

Marketing and Advertising

• We may photograph or film the charter for marketing purposes.
• By boarding, you grant us permission to use images of you in promotional materials, unless you explicitly opt out in writing before departure.

Food and Beverage Disclaimer

• You may bring your own beverages unless otherwise stated.
• We are not responsible for allergic reactions or illnesses resulting from food or drink consumed during the charter, except to the extent liability cannot lawfully be excluded.
• Alcohol consumption is permitted in moderation and at the discretion of the crew.

Disclaimers and Changes

• We do not guarantee wildlife sightings or specific weather conditions.
• Itineraries and schedules may change without notice where reasonably necessary due to safety or operational reasons.
• We are not responsible for lost or damaged personal items, except to the extent liability cannot lawfully be excluded.

Limitation on Liability

• Any limitation of liability in these Terms and Conditions applies only to the extent permitted by law.
• Nothing in this Agreement limits, excludes or modifies any consumer guarantee, right or remedy that cannot lawfully be limited, excluded or modified under the Australian Consumer Law or other applicable legislation.

Use of Information

• Personal information collected is used for booking, administration and safety purposes and handled in accordance with our Privacy Policy.
• We do not sell or share personal information except where required or permitted by law or as necessary to provide our services.

Complaints

• If you are dissatisfied with your experience, please notify the crew immediately or contact us within 7 days of your charter.
• We will make reasonable efforts to resolve your complaint fairly and promptly.

Contact us