Terms and Conditions of Yacht Delivery Services

1. Definitions

In these Terms and Conditions: East Coast Yacht Deliveries means the yacht delivery service provider, including its skipper, crew, contractors, representatives or agents. Client means the vessel owner, authorised representative, purchaser, broker, manager or person requesting the yacht delivery service. Vessel means the yacht, motor yacht, sailing vessel or other craft being delivered. Skipper means the delivery skipper appointed by East Coast Yacht Deliveries. Delivery means the movement, relocation, passage, sea trial, handover passage or delivery of the Vessel from one location to another. Passage means the journey or part of the journey undertaken by the Skipper and/or crew.

2. Nature of Service

East Coast Yacht Deliveries provides professional yacht delivery services based on the information supplied by the Client and the condition of the Vessel at the time of departure. The Client acknowledges that yacht delivery involves inherent maritime risks, including but not limited to weather, sea state, mechanical failure, equipment failure, navigation hazards, marina delays, port closures, crew safety issues, and circumstances beyond the reasonable control of the Skipper. No guarantee is given that the Vessel will arrive by a specific date or time. Any estimated delivery timeframe is an estimate only and may change due to safety, weather, mechanical, operational or regulatory considerations.

3. Skipper Authority

Once the Skipper accepts command of the Vessel for the purpose of the Delivery, the Skipper has full operational authority over the conduct of the Passage. The Skipper’s decision is final in relation to:
  • whether the Vessel is fit to depart;
  • whether the Vessel should continue, stop, divert, delay or return;
  • weather windows;
  • crew safety;
  • navigation and passage planning;
  • use of equipment;
  • emergency action;
  • port entry or refuge decisions;
  • whether additional repairs, parts, fuel, crew, marina assistance, survey or technical support are required.
The Client must not pressure, instruct or require the Skipper to depart, continue or complete a Passage where the Skipper considers it unsafe, impractical or unreasonable to do so.

4. Client Warranty and Vessel Condition

The Client warrants that, before the Delivery commences:
  • they are legally authorised to engage East Coast Yacht Deliveries for the Vessel;
  • the Vessel is seaworthy, safe, registered where required, insured, and suitable for the intended Passage;
  • all known defects, faults, limitations, previous damage and operational concerns have been disclosed;
  • the Vessel has sufficient and suitable safety equipment for the intended Passage;
  • the Vessel has suitable navigation, communication, anchoring, bilge, steering, engine, electrical and fuel systems;
  • all required documentation, keys, access codes, marina permissions, manuals and equipment instructions have been provided;
  • all relevant registration, insurance, survey, import/export, customs, quarantine or port requirements have been met where applicable.
East Coast Yacht Deliveries may refuse to commence or continue a Delivery if the Vessel is not, in the Skipper’s opinion, safe or suitable for the intended Passage.

5. Insurance

The Client is responsible for ensuring that the Vessel is fully insured for the Delivery, including cover for yacht delivery by a professional skipper and any crew used during the Passage. The Client must confirm with their insurer that the Delivery is covered before the Passage begins. East Coast Yacht Deliveries is not responsible for any uninsured or underinsured loss, damage, delay, claim, excess, refusal of cover, policy exclusion or insurer decision. The Client remains responsible for all insurance excesses, deductibles and claim costs unless otherwise agreed in writing.

6. Client Costs and Expenses

Unless otherwise agreed in writing, the Client is responsible for all costs and expenses associated with the Delivery. This includes, but is not limited to:
  • Skipper daily rate;
  • crew wages or crew costs where required;
  • food and provisions;
  • fuel, oils, gas and consumables;
  • marina fees, mooring fees, berth fees and anchoring fees;
  • port charges, harbour fees, customs, quarantine or border fees;
  • repairs, replacement parts and maintenance;
  • charts, safety equipment, flares, batteries or other required equipment;
  • taxis, trains, buses, hire cars, flights and transfers;
  • accommodation;
  • meals while travelling to or from the Vessel;
  • reasonable communication costs;
  • delays caused by weather, mechanical issues, marina access, waiting for parts, client instructions or port restrictions;
  • any other reasonable cost incurred in connection with the Delivery.

7. Travel Time and Door-to-Door Charges

The Client accepts that the Skipper’s chargeable time begins when the Skipper leaves home or base to travel to the Vessel and continues until the Skipper returns home or base after completion, suspension, cancellation, delay or termination of the Delivery. This includes travel to the Vessel, the Passage itself, waiting time, weather delays, repair delays, handover time, travel home, and any required overnight accommodation. Half-day rates may apply at the discretion of East Coast Yacht Deliveries where appropriate.

8. Broken, Delayed or Interrupted Passages

A Passage may be delayed, suspended, diverted, broken into stages or terminated due to weather, safety concerns, mechanical failure, equipment failure, crew fatigue, illness, vessel condition, marina or port access, or any other matter affecting safe or reasonable completion. Where a Passage is broken, delayed or suspended, the Client remains responsible for all fees and expenses incurred up to that point. Full payment for the completed part of the Passage, including all Skipper fees, crew costs, travel, food, accommodation and expenses, must be made before the Skipper is required to return home or recommence any further stage of the Delivery. A further stage of the Passage may be quoted, scheduled and charged separately.

9. Payment Terms

Unless otherwise agreed in writing:
  • a deposit may be required before the Delivery is booked;
  • progress payments may be required during longer deliveries;
  • all expenses are payable by the Client;
  • final payment is due immediately upon completion, suspension, cancellation or termination of the Delivery;
  • East Coast Yacht Deliveries may require payment before releasing keys, documents, final reports or further services;
  • overdue invoices may result in suspension of services.
The Client agrees to pay all reasonable recovery costs, legal costs or administrative costs incurred in recovering unpaid amounts.

10. Cancellation by Client

If the Client cancels the Delivery after booking, the Client remains responsible for any costs already incurred, including travel, accommodation, crew arrangements, administration, lost booking time and non-refundable expenses. If the Skipper or crew have already commenced travel, the Client must pay all fees and expenses incurred from the time the Skipper leaves home or base until return home or base.

11. Cancellation or Refusal by East Coast Yacht Deliveries

East Coast Yacht Deliveries may cancel, refuse, delay, suspend or terminate a Delivery where:
  • the Vessel is unsafe or unseaworthy;
  • the Vessel is not as described by the Client;
  • required equipment, documents, insurance or permissions are not available;
  • weather or sea conditions are unsuitable;
  • the Skipper considers the Passage unsafe;
  • payment has not been made;
  • the Client has failed to disclose relevant information;
  • the Client behaves unreasonably, aggressively or dishonestly;
  • the Delivery would place the Skipper, crew, Vessel or others at unacceptable risk.
In these circumstances, the Client remains responsible for all costs and fees incurred.

12. Damage, Wear and Mechanical Failure

The Client acknowledges that yachts and marine equipment are subject to wear, age, corrosion, hidden defects, fatigue, prior damage and mechanical failure. East Coast Yacht Deliveries is not responsible for loss, damage, delay or cost arising from:
  • pre-existing defects;
  • undisclosed faults;
  • ordinary wear and tear;
  • engine, rigging, sail, steering, electrical, plumbing, fuel or equipment failure;
  • weather or sea conditions;
  • latent defects;
  • poor maintenance;
  • inadequate safety equipment;
  • defective installation;
  • marina, port or third-party actions;
  • events outside the reasonable control of the Skipper.
The Skipper will take reasonable care of the Vessel, but the Client accepts that the Skipper is not an insurer of the Vessel.

13. Limitation of Liability

To the maximum extent permitted by law, East Coast Yacht Deliveries is not liable for indirect, consequential, economic or special loss, including loss of use, loss of enjoyment, loss of income, loss of charter income, delay costs, marina overstay costs, missed deadlines, resale losses or inconvenience. Nothing in these Terms excludes, restricts or modifies any right, guarantee or remedy that cannot lawfully be excluded under Australian law. Where liability cannot be excluded but can lawfully be limited, the liability of East Coast Yacht Deliveries is limited, at its option, to the resupply of the services or the cost of having the services supplied again. East Coast Yacht Deliveries is not liable for damage caused by the Client’s failure to provide a seaworthy, insured, properly maintained and properly equipped Vessel.

14. Client Indemnity

The Client agrees to indemnify East Coast Yacht Deliveries, the Skipper and any crew against claims, costs, losses, damages, liabilities or expenses arising from:
  • the condition of the Vessel;
  • inaccurate or incomplete information supplied by the Client;
  • lack of insurance or inadequate insurance;
  • unpaid marina, port, customs, quarantine or third-party fees;
  • pre-existing damage or defects;
  • failure by the Client to comply with these Terms;
  • claims made by third parties in relation to ownership, possession, finance, registration, insurance or authority to move the Vessel.
This indemnity does not apply to the extent that the loss is caused by proven fraud, wilful misconduct or unlawful conduct by East Coast Yacht Deliveries.

15. Repairs and Emergency Expenditure

The Skipper may authorise reasonable repairs, parts, fuel, marina assistance, towing, technical support, emergency accommodation, additional crew, safety equipment or other expenditure where the Skipper considers it necessary for safety, preservation of the Vessel, continuation of the Passage, or compliance with legal or operational requirements. Where practical, the Skipper will attempt to contact the Client before incurring significant expense. However, in urgent or safety-related circumstances, the Skipper may act without prior approval. The Client remains responsible for all such costs.

16. Weather and Safety Delays

The Client accepts that weather delays are normal in yacht delivery work. The Skipper will not be required to depart or continue in conditions considered unsafe, unsuitable or unreasonable. Weather delays, waiting time, port delays, repair delays and other safety-related delays remain chargeable unless otherwise agreed in writing.

17. Crew

East Coast Yacht Deliveries may determine whether crew are required for the Delivery. The number and suitability of crew will be determined having regard to the Vessel, Passage, distance, weather, fatigue management, safety and operational requirements. The Client is responsible for all approved crew costs, including wages, food, accommodation and travel.

18. Owner or Client On Board

If the Client, owner, representative or guest is on board during any part of the Passage, they must comply with the Skipper’s directions at all times. The Skipper may refuse to carry any person who, in the Skipper’s opinion, presents a safety risk, fails to follow instructions, is affected by alcohol or drugs, or interferes with safe operation of the Vessel. East Coast Yacht Deliveries operates on a safety-first basis. Alcohol or drug use that affects safety will not be accepted.

19. Documentation and Handover

The Client must provide all relevant documents before departure, including registration papers, insurance confirmation, marina permissions, import/export documents where applicable, manuals, emergency contacts and any vessel-specific instructions. At completion, the Vessel will be handed over at the agreed destination or other safe location if the original destination becomes unsafe, unavailable or unreasonable.

20. Maritime Incidents

In the event of a marine incident, emergency, injury, collision, grounding, equipment failure, pollution event or other reportable matter, the Skipper may take any action reasonably required to protect life, the Vessel, the environment and other vessels. The Client acknowledges that reporting obligations may apply under Australian maritime law and that the Skipper, owner or master may be required to notify relevant authorities. The Client agrees to cooperate with any required report, insurer request, marina report or authority investigation.

21. No Guarantee of Outcome

East Coast Yacht Deliveries will use reasonable skill, care and seamanship in providing the Delivery. However, the Client accepts that maritime operations are affected by conditions outside the control of the Skipper, and no guarantee is given that the Vessel will arrive by a specific date, avoid all damage, avoid all delay, or complete the Passage without interruption.

22. Force Majeure

East Coast Yacht Deliveries is not liable for delay, non-performance or additional cost caused by matters beyond reasonable control, including severe weather, mechanical failure, illness, injury, port closure, border restrictions, marina unavailability, natural disaster, emergency, government direction, war, civil disturbance, fuel shortage, supply delay or other unexpected event.

23. Website Enquiries and Acceptance

Submitting an enquiry does not create a confirmed booking unless East Coast Yacht Deliveries accepts the job in writing. A booking is confirmed only when East Coast Yacht Deliveries has accepted the Delivery, any required deposit has been paid, and the Client has accepted these Terms. The Client confirms acceptance of these Terms by submitting a website form, paying a deposit, giving written approval to proceed, or otherwise instructing East Coast Yacht Deliveries to commence work.

24. Governing Law

These Terms are governed by the laws of Australia and, where applicable, the laws of the State or Territory most closely connected with the Delivery. The parties agree to first attempt to resolve any dispute in good faith before commencing formal proceedings, except where urgent action is required.

25. Client Acknowledgement

By accepting these Terms, the Client acknowledges that:
  • yacht delivery involves inherent risk;
  • the Skipper’s safety decisions are final;
  • all Client costs are payable from the time the Skipper leaves home or base until return home or base;
  • travel, food, accommodation, crew, delays, repairs and expenses are payable by the Client;
  • broken or interrupted passages must be paid for before the Skipper returns home or recommences further work;
  • the Client remains responsible for the Vessel’s condition, insurance and seaworthiness;
  • East Coast Yacht Deliveries is not responsible for pre-existing defects, ordinary wear and tear, mechanical failure or events beyond reasonable control;
  • these Terms do not remove any rights that cannot legally be excluded under Australian law.