TERMS AND CONDITIONS

Operator

The Operator is WA Steamship Company Pty Ltd as trustee for Paddle Steamer Decoy Trust, ABN 52 745 411 096.

Charterer

By virtue of making payment of the Deposit Invoice, the named parties shall be recognised as The Charterer and you accept the Terms and Conditions of this agreement.

Your Wedding Booking consists of a package of suppliers and vendors. The Operator facilitates bookings for certain third-party suppliers as agent only. All third-party suppliers engaged as part of any package are independent contractors. The Venue is not responsible or liable for the acts, omissions, performance, cancellation or non-performance of any third-party supplier.

Inclusions

Your Pop Up Wedding Event includes the following:

- Two (2) hours of venue time, being 15 minutes boarding, 1.5 hours cruise, 15 minutes disembarkation, for the time slot you have selected.

- Co-ordination and Styling by Jem Weddings

- Celebrant services, typically 15 minutes with option for personal vows

- Photography (up to 100 digital images)

- Faux flowers; use of arbour, 1 x button hole, and 1 x standard bouquet. Other flowers may be purchased as required.

- Cake (single tier)

Guest numbers are recommended to be up to 80 people. The Decoy can board up to 180 people however you should note that visibility of the ceremony will be restricted for larger groups.

Payment & Booking Terms

The Charterer is to pay the Deposit as detailed on the Tax Invoice, being $999.

Any balance remaining is due 30 days prior to the Event.

All costs are quoted are in Australian Dollars (AUD) and include Australian Goods and Services Tax (GST).

Cancellation Policy

Should the Operator elect to cancel an Event, the Charterer will be offered to undertake the same Event on another date. If no suitable alternate date can be arranged, then the Operator will provide a full refund.

The Charterer may cancel this agreement at any time, by notifying us in writing. All deposits and payments made are non-refundable.

You must have an inclement weather plan which allows for an indoor option. Refunds will not be given if inclement weather impacts your event.

Ancillary Services

Any ancillary services including Catering and Entertainment are contracted directly between the Charterer and the ancillary service provider. The Charterer is aware of and acknowledges that ancillary service providers may have commercial arrangements with the Operator such as (but not limited to) staff cross hire, rebates and financial incentives and marketing promotion.  

Duration of the Event

The duration of the Event commences from Boarding Time and finishes fifteen minutes after Finish Time and includes the time taken to embark and disembark members of the Charterer's group. This is limited to one point of embarkation and one point of disembarkation – Mends Street Jetty, South Perth.  

The Operator is not responsible for any delays caused by the late arrival of members of the Charterer's group or delays at the wharf caused by crowds, the arrival of other vessels, or any other item beyond the Vessel Operator's control.

The Operator is not responsible for delays at the point of disembarkation for reasons outside its control. The Operator reserves the right to berth the vessel at the point of disembarkation 15 minutes prior to the scheduled time for disembarkation. If necessary, any music or other entertainment will cease at such time.

In circumstances where a fixed amount drinks package forms part of the Event, service shall operate between the Boarding and Return times only. Drinks and snacks are available for purchase outside of these times, within the duration of the Charter.  

Charter Course

The course to be undertaken during the Charter may be discussed in advance with the Operator or with the Captain. The Operator reserves the right, at its sole discretion or that of the Captain, to vary the agreed course because of weather, wave height, river conditions, forces of nature, traffic, vessel survey restrictions, or any other cause which the Operator or the Captain believes is justified in the interests of the comfort or safety of passengers, crew, the vessel and other vessels. If conditions are not favourable to cruising the Operator may, at its sole discretion, proceed with the scheduled Charter and events without leaving the Mends Street Jetty berth.

Amendments may be made by the Operator in the event of situations outside of our control such as but not limited to river conditions, adverse weather, forces of nature, pandemics etc. as well as operational issues, such as but not limited to, staff and supply shortages. Where applicable and to the extent that is possible, the Operator will co-operate with the Charterer to reschedule timings on the day to work around inclement weather or other operational impediments at the Operator’s sole discretion.

Liability

The Charterer is liable for any damage to the vessel, equipment or furnishings caused by the Charterer or any member of the Charterer's group, unless caused by Operator negligence. If the Operator repairs any damage itself, the Charterer must pay the Operator the reasonable third party costs of carrying out such repair.

Neither the Operator nor any of its employees are liable for any loss or damage suffered by any person, other than liability directly attributed to the Operator's negligence, arising from the Charter and the Charterer must indemnify the Operator against any such claims.

The Operator accepts no responsibility for loss or damage to goods brought on board and or left on the vessel or the Operator's premises prior to, during or after the Charter. Neither party is liable to the other party for consequential loss or damage.

Limit of Liability

To the extent permissible by law, the Operator is not responsible in tort, contract or otherwise for any loss or damage arising out of injury or death sustained by the Charterer or any member of the Charter's group, howsoever arising except to the extent of the Operator’s negligence or failure to render due care and skill.

The Charterer enters into this Event Agreement at its own risk. If however any guarantees, terms, conditions or warranties are implied into this Event Agreement by any law of the Commonwealth or the State of Western Australia, the exclusion of which would contravene that law or cause part or all of this clause to be void, then to the extent permissible by law:

1)     The Operator excludes all other guarantees, terms, conditions and warranties; and

2)     The Operator's liability for breach of such guarantee, term, condition or warranty is limited to the supply of the relevant Event again or the cost of re-supplying the Event.

Indemnity

Except to the extent contributed to by the Operator’s negligent acts or omissions, the Charterer agrees to indemnify and hold harmless the Operator, its agents and employees, from and against any and all losses, claims, actions, costs expenses, fees, damages, fines and liabilities (including reasonable legal fees) arising from the Charter or caused by any negligent act or omission by the Charterer or members of the Charterer’s group.

Force Majeure

The Operator has no liability for failing to perform its obligations under the Terms and Conditions set out in this Event Booking Form due to force majeure, including, but not limited to, acts of God, fire, flood, natural disaster, war or threat of war, acts or threats of terrorism, civil disorder, unauthorized strikes, governmental regulation or advisory, or local government authority or health agencies (including but not limited to the health threats of COVID-19, H1N1, or similar infectious diseases), or other similar occurrence beyond the control of the Operator.

Where any of those factors, circumstances, situations, or conditions, or similar ones prevent, dissuade, or unreasonably delay the Event from proceeding, or where any of them make it illegal, impossible, inadvisable, or commercially impracticable to proceed with the Event, the obligation associated with this Event Booking Form and the Terms and Conditions within may be cancelled by the Operator without liability, damages, fees, or penalty and any payments made be forfeited in favour of the Operator.

Responsible Service of Alcohol & Guest Behaviour

Rowdy, lewd, indecent or unruly behaviour will not be tolerated in accordance with the terms of our Liquor Licence. The Operator and the vessel have a “Responsible Service of Alcohol Policy” that applies during the Event. If behaviour falls outside the guidelines of this policy then the Service Manager may, acting reasonably, in conjunction with the Captain, do any of the following:

1)     Terminate the Event by berthing the vessel at the nearest safe location and disembarking the passengers;

2)     Summon the Police to remove offending passengers;

3)     Negotiate with the Charterer to agree on some other course of action to resolve the issue.

Any costs associated with the early termination of the Event due to unruly, lewd, indecent or rowdy behaviour must be paid by the Charterer.

The Decoy is a licenced venue and as such is suitable for those aged 18 years old and over only. Under 18’s may only be brought aboard in accordance with the terms of the Liquor Control Act 1988. No BYO of alcohol is permitted. Any alcoholic beverages detected upon embarkation of the licenced premises must be confiscated by law.  

You hereby consent to the reasonable inspection of your person and property before entering the Event, which inspection may include, without limitation, metal detection. No large eskies, stepladders, signs, banners, firearms, explosive devices, any item that could be used as a weapon; beach balls & other inflatable devices; bicycles, scooters, skateboards and roller-blades/skates; flags, banners or signs larger than 1m by 1m in size or with handles longer than 50cm in length; musical instruments &/or amplification equipment; unauthorised promotional, commercial, political, religious or offensive items of whatever nature including clothing, banners, signs, symbols and leaflets or flyers; laser pointers, distress signals, whistles or loud hailers, dangerous goods; drones or remotely piloted aircraft etc, will be permitted onboard.

The Decoy operates under a Liquor License that prohibits drunk persons from entering or remaining on the premises. By law passengers must be refused entry if they are intoxicated.

Anyone displaying signs of intoxication, aggression or under the influence of drugs will be denied boarding. Any such behaviour throughout the duration of the cruise will result in passengers being removed from the vessel at the nearest jetty. Abuse directed toward our staff and/or other passengers will not be tolerated and will result in being removed from the vessel at the nearest jetty.

Entry refusal or removal may include the return journey back to the departure point. No refunds will be given for any passengers that fail to maintain appropriate behaviour. The Decoy patrons are required to dress in at least a smart/casual manner and to wear footwear whilst on board.

At all times, directions from the crew of the vessel must be obeyed and refusal to do so may result in being removed from the vessel at the nearest jetty.

Food

Where applicable, all food items are prepared in a kitchen that processes dairy, gluten, nuts, and shellfish. No guarantees can be given against cross contamination. We strongly recommend that customers concerned about food allergies bring any necessary medication with them onboard. Food and drink menus are subject to change at any time.

Medical

You authorize the Operator, its medical contractors and any other third party medical service provider/s to administer any medical assistance, treatment and/or transport you seek or to provide this on your behalf as deemed reasonably necessary in the circumstances (the costs of which you may be responsible for). In connection with any medical assistance, treatment and/or transport you seek or receive, you consent to the disclosure of your personal information and medical details concerning the incident to the Operator, the Operator’s insurers and any other relevant third parties as determined by the Operator.

Loss of Property

You are responsible for your own property whilst on board. The Operator will not be liable for any loss or damage (including any direct, indirect or consequential loss or damage) to any property brought onb. You must not leave bags or packages unattended at any time. For safety reasons, any unattended bags or packages may be removed and/or destroyed. You accept and agree that bag checks may be conducted at any time.

Risk

You understand that the layout of the venue may be unfamiliar to you, so you must take care at all times. You acknowledge that you are responsible for your own safety and for the safety of any children accompanying you. Ticket holders enter the venue at their own risk. The Operator advises you that some areas of the venue are exposed to direct sunlight, wind, heat and other elements.

You assume all risk and danger incidental to the Event and to the extent permitted by law you release the Operator (including their directors, officers, employees, consultants, contractors, agents, the host broadcaster, the Operator’s sponsors and volunteers) and the venue from any liability for any damage, loss, liability or injury you may suffer in relation to your attendance and the assumption of such risk and danger howsoever caused including without limitation due to any negligence or other act or omission of the Operator or its representatives, agents, contractors and/or volunteers and/or the venue. You agree to compensate the Operator and/or the venue for any damage, loss, liability or injury the Operator and/or the venue may suffer as a result of your wilful, reckless or negligent acts or omissions.

Jurisdictions and Choice of Law

The law of Western Australia governs this agreement and the parties agree to submit to the jurisdiction of the courts of Western Australia in respect of any dispute arising between them.

Amendment

The Operator reserves the right to make amendments to these terms and conditions from time to time at its sole discretion and without notice.