Our T&Cs

All cancellations must be in writing.

We understand things may change, so we have made cancellations very easy.

In every instance we always recommend you purchase travel insurance for life’s last-minute hiccups.

Please see our terms and conditions for details prior to booking

Additional Charter T&Cs:

SPECIAL CONDITIONS
• We require a 50% non-refundable deposit of the Total Charter Fee to confirm the booking.
• Full payment of the Total Charter Fee is required 30 days prior to the departure date.
• If you cancel 31+ days ahead of your departure date, 50% of the Total Charter Fee will be forfeited.
• If you cancel within 30 days of your departure date, the full Total Charter Fee will be forfeited.
• If we have to cancel (bad weather, breakdown or otherwise), we will advise at earliest opportunity and will provide full refund
• (without interest) or re-schedule the charter at a mutually agreed time.
OTHER CONDITIONS
1. Charter rate is based on a ‘per 24 hr’ period. Any time (hours) utilising the Vessel outside of the agreed charter times will result in
an extra 24 hr block charge unless a prior agreement has been made.
2. Operating area is depending on length of charter and time permitting.
3. Crewed use of tenders, water sports, and snorkeling equipment.
4. Night sailing only permitted with prior approval and planning from the Captain.
5. Travel insurance, cancellation for any reason insurance, curtailment insurance and charterer’s liability insurance are highly
recommended and should be sourced by the Charterer.
TERMS & CONDITIONS
1. AGREEMENT TO CHARTER
The Owner shall charter the Vessel for the Charter Period to the Charterer. The details of the Charter are set out in the Schedule and
the Charter is subject to the terms and conditions in clauses 1 to 27.
2. CONFIDENTIALITY
The contents of this Agreement and the identity of the Charterer will remain confidential and will not be disclosed by the Owner to a
third party without the prior written consent of the Charterer or except to the extent that disclosure is required by law.
3. INCLUDED ITEMS
Unless otherwise specified in the Special Conditions, the Charter Fee includes the items selected in Item 9 of the Schedule. The
Charter Fee includes the use of the Vessel with all its equipment in working order, wages, uniforms and food for the crew, all engine
room consumables, all deck and inside cleaning consumables, galley and cabin consumables and the laundry of bed linen and
towels.
4. CONDITION OF VESSEL
The Owner shall deliver the Vessel to the Port of Delivery in full working order, clean and good condition and ready for service. The
Vessel and its crew will comply with all applicable flag state and class regulations.
5. DELIVERY & RE-DELIVERY
The Charterer agrees to embark and disembark at the ports and at the times stated in Item 5 of the Schedule. The Charterer shall
re-deliver the Vessel to the Owner free of any debts incurred for the Charterer’s account during the Charter Period and in as good
condition as when delivery was taken, except for the fair wear and tear arising from ordinary use.
6. CANCELLATION
If the Charterer gives notice to the Owner of cancellation of this Agreement at any time before the beginning of the Charter Period,
or if the Charterer shall fail after notice, to pay any amount payable under this Agreement, the Owner shall be entitled to treat this
Agreement as having been repudiated by the Charterer and to retain the full amount of all payments made to the Owner before
repudiation (excluding any excess APA funds not already expended for the purposes of the charter, which will be refunded to the
Charterer).If the Owner cancels the charter prior to the beginning of the Charter Period, the Owner will refund any payments made
by the Charterer to the Owner.
7. BREAKDOWN OR DISABLEMENT
If the Vessel is disabled, where possible, the Vessel will be repaired as soon as possible thereafter and in the meantime the
conditions of this Agreement shall remain in force but without penalty or additional charge to the Charterer. If the Owner is unable
to repair the Vessel after a period of time equivalent to one seventh of the Charter Period, the Charterer shall be entitled to claim
repayment without interest pro-rata to the period of delay or, if mutually agreed, shall allow pro-rata extension of the Charter Period.
Where the Vessel remains broken down or disabled for a period of over one seventh of the Charter Period, the Charterer shall be
entitled to treat this Agreement as having been repudiated by the Owner and seek a refund of any amounts paid to the Owner
(including any excess APA funds not already expended for the purposes of the charter).
8. DELAY IN DELIVERY
If, for any reason, the Owner is unable to deliver the Vessel to the Charterer after a period of time of up to the equivalent of one
seventh of the Charter Period, the Charterer shall be entitled to claim repayment without interest pro-rata to the period of delay or
if it be mutually agreed, shall allow pro-rata extension of the Charter Period. Where the Owner is unable to deliver the Vessel for a
period of over one seventh of the Charter Period, the Charterer shall be entitled to treat this Agreement as having been repudiated
by the Owner and seek a refund of any amounts paid to the Owner.
9. DELAY IN RE-DELIVERY
If re-delivery of the Vessel is delayed by reason of Force Majeure, re-delivery shall be effected as soon as possible thereafter and in
the meantime, the conditions of this Agreement shall remain in force but without penalty or additional charge against the Charterer.
If the Charterer fails to re-deliver the Vessel to the Owner at the Port of Re-delivery due to intentional delay or change of itinerary
against the Captain’s advice, then the Charterer shall pay to the Owner at the daily rate plus forty percent (40%) of the daily rate
and if delay in re-delivery exceeds twenty-four (24) hours, the Charterer shall be liable to indemnify the Owner for any loss or
damage which the Owner shall suffer by reason of deprivation of use of the Vessel or cancellation of, or delay in delivery under,
any subsequent charter of the Vessel. ‘Force Majeure’, for the purposes of this Agreement, means any cause directly attributable
to acts, events, non-happenings, omissions, accidents or acts of God beyond the reasonable control of the Owner or the Charterer
(including, but not limited to, strikes, lock- outs or other labour disputes, civil commotion, riots, blockade, invasion, war, fire,
explosion, sabotage, storm, collision, grounding, fog, governmental act or regulation, major mechanical or electrical breakdown
beyond the crew’s control and not caused by Owner’s negligence). Crew changes do not constitute force majeure. Force majeure
does not excuse the Owner from payment of commissions.
10. PAYMENTS
The Charterer agrees to charter the Vessel and shall pay the Charter Fee and any other agreed charges by the means specified in
this Agreement. Any goods and services tax (GST) payable is outlined in Item 11. For the avoidance of any doubt, any GST payable
in relation to this Agreement is to be paid by the Charterer to the Owner. GST refers to Goods and Services Tax under a New Tax
System (Goods and Services Tax Act 1999 (Cth) (as amended) (“GST Act”) and the terms used have the meanings as defined in the
GST Act. Crew gratuities are at the discretion of the Charterer.
11. ADVANCED PROVISIONING ALLOWANCE (APA)
The Charterer will pay, at cost, for all additional expenses not included as part of the Charter Fee set out in Clause 3 or prescribed
in Item 9 of the Schedule as included in the Charter Fee. One month prior to the Charter Period, the Owner will give to the Charterer
an estimate of the costs not covered by the Charter Fee [Item 9 f the Schedule] and provide this estimate to the Charterer. The
Charterer will pay to the Owner this estimate as an Advanced Provisioning Allowance to the Owner. Payment for extraordinary
expenses outlined in Item 9 will be deducted from the prepaid amount deposited into the Owner’s account as an APA. The
Captain will keep the Charterer informed of the disbursements from the APA during and at the end of the Charter Period. If the
balance becomes insufficient during the charter, the Charterer will pay to the Captain a sufficient sum to maintain an adequate
credit balance. The Captain will exercise due diligence in the expenditure of the APA. Any remaining funds in the APA after the end
of the Charter Period will be refunded to the Charterer within 14 days.
12. DEFAULTS IN PAYMENT
Should any instalment of the Charter Fee not be paid on the due date, the Charterer will be advised in writing and will have 3
business days to pay the balance due. If the default continues thereafter, the Owner will have the right to immediately terminate this
Agreement and retain any funds paid by the Charterer to the Owner.
13. CURRENCY
All amounts due and payable under this Agreement are expressed in Australian dollars and all payments are to be made in
Australian dollars. The Charter Fee does not include any financial institution fees and charges incurred by either the Owner or the
Charterer which are payable by the Charterer.
14. CRUISING AREA
The Charterer shall restrict the cruising area of the Vessel to the agreed Cruising Area. The Vessel will not undertake night
passages during the Charter Period unless agreed by the Captain.
15. USE OF THE VESSEL
The Charterer shall use the Vessel exclusively as a pleasure Vessel for the use of the Charterer and its guests. The Charterer shall
ensure that:
A. The Charterer and its guests comply with the laws and regulations of any country the Vessel visits during the Charter Period. The
Charterer will indemnify the Owner for any loss or damage suffered by the Owner or any third party as a result of the charterer and
its guest’s non-compliance.
B. No pets or animals are brought on board without prior permission.
C. No items which are classed as illegal under Australian legislation shall be used or carried on board.
D. The use by the Charterer and their guests shall not cause any nuisance or offence to any person.
E. Smoking is permitted only with the Captain’s permission.
F. The Charterer and the Charterer’s guests must afford the crew due respect at all times. No crew member shall be subjected to any
type of harassment, sexual or otherwise, by the Charterer or the Charterer’s guests at any time during the Charter Period.
The Charterer shall indemnify and release the Owner, its affiliates and employees including crew in relation to any injury, death,
loss or damage arising from the Charterer or its guests’ use of the Vessel. If requested by the Owner, a Liability Indemnification
Agreement must be signed by the Charterer and each guest and returned to the Owner prior to boarding the Vessel.
16. CHARTERER’S PARTICIPATION IN ACTIVITIES
All activities engaged in by the Charterer and the Charterer’s guests are undertaken at the risk of the Charterer and their guests.
The Charterer indemnifies the Owner for any loss or damage suffered as a result of participating in activities during the Charter
Period. The Charterer and its guests must comply with Australian National and State Legislation relating to the use of watercraft at
all times including boat license requirements, speed limits, the use of lifejackets and safety equipment.
The Captain has the authority and absolute discretion to exclude the Charterer and/or any of the Charterer’s guests from
participation in any activity during the Charter Period if the activity, if in the sole opinion of the Captain, is unsafe, or the Charterer or
guest is behaving in an irresponsible manner, is under the infiuence of alcohol, or is failing to show due concern for other persons or
property when engaging in the activity.
17. MAXIMUM NUMBER OF PERSONS
The Charterer shall not, at any time during the Charter Period, exceed the maximum number of persons stated in Items 6 and 7 of
the Schedule (excluding crew) to sleep and eat onboard the Vessel. Where children are taken onboard, the Charterer will be fully
responsible for their safety, conduct and entertainment and no member of the crew shall be called upon in anyway responsible for
their safety, behaviour or entertainment. Children are included in the maximum number of persons allowable on board.
The Captain shall have the authority and absolute discretion to allow additional persons to board the Vessel whilst at the dock
during the Charter Period.
18. CAPTAIN’S AUTHORITY
The Captain shall comply with all reasonable requests given to him by the Charterer regarding the management, operations and
movement of the Vessel, wind, weather and other conditions permitting. The Captain shall not however, be bound to comply with
any requests which, in the Captain’s opinion might result in the Vessel moving to any port or place that is not safe and proper for the
Vessel to be in or might result in the Charterer failing to redeliver the Vessel upon expiration of the Charter Period.
Further, without prejudice to any other remedy of the Owner, if in the reasonable opinion of the Captain, the Charterer of any of their
guests fail to observe all or any part of the aforementioned provisions and such failure continues after the Captain has given due
and specific warning to the Charterer in writing in respect of the same, the Captain shall be entitled to return the Vessel to Port of
Delivery and upon such return the Charter Period shall be terminated and the Charterer shall not be entitled to any refunds of the
Charter Fee.
19. CREW
The Owner shall provide a properly qualified Captain and a properly qualified crew. All services performed by the Captain and
crew will be performed with due care and skill. Rest periods for the crew prescribed by the relevant legislation shall be strictly
complied with.
20. INSURANCE
The Owner undertakes to insure the Vessel for the Charter Period against customary risks for its size and value, including for
third party liabilities and its use during the Charter Period. Copies of the certificate of insurance and policy wording will be made
available to the Charterer upon request for inspection prior to and during the Charter Period.
Except to the extent that any loss or damage is caused by the negligence of the Owner, the Charterer and its guests shall be
responsible to the Owner for any loss, damage or injury caused by the Charterer or its guests and shall give prompt notice to the
Owner of any event that may rise to a claim. The Owner expressly excludes liability for any loss suffered by the Charterer or its
guests for medical or accident expenses incurred or loss of or damage to personal effects occurring during or brought onto the
Vessel during the Charter Period.
21. NO ASSIGNMENT
The Charterer may not assign this Agreement or sub-charter the Vessel without the prior written consent of the Owner.
22. COMPLAINTS
The Owner shall not be liable in respect of any matter arising out of or in connection with this Agreement unless the Charterer
has given the Owner notice of the Charterer’s complaint, not later than 24 hours after the expiration of the Charter Period or
where practical, after the time when the event giving rise to the complaint occurs. If a complaint is received by the Owner, and
the Charterer’s complaint is not resolved by agreement with the Owner within 14 days of the complaint being received, clause 23
(Dispute Resolution) will apply.
23. DISPUTE RESOLUTION
Should any dispute or difference arise between the parties affecting the interpretation, form, validity or performance of this
Agreement, then the parties must negotiate in good faith to resolve the matter themselves within 14 days of the dispute arising and
without prejudice to any other right or entitlement they may have pursuant to this Agreement.
If the parties are unable to resolve any dispute in accordance with this clause within a period of thirty (30) days, then the dispute
shall be referred to arbitration in Brisbane Queensland by a sole arbitrator in accordance with the Arbitration Rules of the Maritime
Law Association of Australia and New Zealand.
24. JURISDICTION
This Agreement shall be governed by the laws of Queensland, Australia and forms the entire agreement between the Owner and
the Charterer unless otherwise separately agreed in writing between them.
25. NOTICES
Any notice given or required to be given by either party to this Agreement shall be communicated in any form of writing and shall
be deemed to have been properly given if proved to have been dispatched pre-paid and properly addressed by email, ordinary post
or bonafide courier service in the case of the Owner, at their address listed in Item 2 of the Schedule, in the case of the Charterer, to
its address in Item 3 of the Schedule or, where appropriate, to him/her on board the Vessel.
26. EXECUTION OF AGREEMENT
This Agreement may be signed in counterparts and can be transmitted to either party by email or other electronic means.
The separately signed agreement, and/or copies thereof, shall constitute a binding agreement between the Owner and Charterer.

Operators policy:

AUTHORITY OF CAPTAIN 
The designated Captain of the vessel shall be suitably qualified and carry all necessary licences. The charter party recognise the authority of the Captain in all matters regarding safety (including service of alcohol), navigation and speed of the vessel and associated equipment (tender and water sport equipment). The charter party recognise the authority of the Captain in reference to anchorages and itinerary alterations due to weather or force majeure. Should the charter party fail to recognise the authority of the Captain, the Owner of the vessel holds the right to cancel the charter with all outstanding monies to be settled by the primary charterer. 

PAYMENT POLICY A 50% deposit of the total charter fee is required at the time of booking after deduction of the full commission. Balance of charter fee plus APA is payable no later than 30 days prior to departure date. A delay in payment may disrupt travelling schedules and programs for which the Owner shall not be liable to the trade partner or primary charterer. 

LAST MINUTE BOOKINGS Where bookings are less than 30 days prior to departure, full payment of charter fee is required immediately in AUD and a copy of the bank transfer remittance to guarantee the booking. Payment can also be made by credit card. 

CANCELLATION FEES 

• Any cancellations made 61+ days prior to departure date shall be subject to 25% cancellation fee of total charter fee 
• Any cancellations made 60 – 30 days prior to departure date shall be subject to 50% cancellation fee of total charter fee 
• Any cancellations made within 30 – 0 days of departure date shall be subject to 100% cancellation fee of total charter fee 
• No refund can be given for any unused services or early departures 
• All cancellations must be received in writing 

APA 
The charter fee includes the charter of the vessel with all its equipment in working order. The charterer will pay for all other expenses. Unless specified at the time of booking, APA is applicable for all extended overnight charters of two (2) nights or longer. APA is 25% of total charter cost and to be paid prior to charter departure. APA will be used for any costs incurred but not restricted to land transfers, fuel (main engines, generator and tenders), food and beverages for charter party, mooring fees and other harbour charges, dive costs, park fees, personal laundry, taxes, charter party communications, hire or purchase costs of any special equipment placed on board at the charterer’s request and other expenses not included in the charter fee. In the event of cancellation of the charter the APA is refundable. The manager of the vessel is responsible for the accounting of all APA expenses during the charter, and the breakdown will be presented to the client in a clear manner at the end of the charter. If the costs incurred during the course of the charter are over and above the APA deposit then the difference will be payable by the client by cash or credit card only at the end of the charter. Any portion of the APA left over will be returned to the charterer via direct deposit. APA is non-commissionable. 

NO SHOW POLICY 
Full cancellation fees apply and will be billed.

GST 
All rates are subject to increase in the case of Government levies, taxation or in line with external operator charges. All rates are inclusive of Goods and Services Tax (GST). 

WEATHER POLICY 
Morris Nautical will not accept any responsibility for adverse weather conditions. 

CHILD POLICY 
Morris Nautical welcomes children of all ages. Children (under 13 years) should be accompanied and supervised by a responsible adult of the charter party at all times. 

MINIMUM DURATIONS 
Minimum two (2) night stay applies to all overnight charters. Overnight charter rates are calculated on a 24 hour period – any additional charter time beyond this window will be charged at the hourly charter rate.

HELICOPTER TRANSFERS 
Helicopter transfers to/from the M.Y. Flying Fish are operated by a third-party Nautilus Aviation. At the time of booking, where helicopter transfers are requested, it’s mandatory for agents to supply their charter guests’ individual body weights (kg) to accurately quote and confirm helicopter transfers. On the day of transfer, charter guests are restricted to a maximum of 15kg of luggage each (this includes hand luggage). Any excess luggage can be stowed at the Nautilus Aviation hangar. Each helicopter type is limited to certain payload restrictions. Should a charter guests’ individual body weights or luggage have a variance of more than 10% from their initially quoted weight or exceed the maximum payload for the allocated helicopter type, Nautilus Aviation reserves the right to charge an additional upgrade fee. Due to availability of helicopter aircraft, it is recommended that any domestic or international flights are not booked until the yacht charter and helicopter transfers are confirmed

TRAVEL INSURANCE 
Although all care is taken, Morris Nautical cannot accept responsibility for any expenses incurred by a charter guest as a result of any domestic/international flight delays, reschedules or alterations, mechanical failures or poor weather. It is suggested that charter guests take out travel insurance to cover any unforeseen circumstances. The Owner accepts no liability for the damage or loss of personal effects or the medical/emergency treatment of the primary charterer and/or charter party. Charter guests should carry independent insurance for personal effects or medical/accident whilst onboard the vessel. 

CRUISING AREA 
The primary charterer shall restrict the cruising of the vessel to within the cruising areas and regions in which the vessel is legally permitted to cruise. The primary charterer also agrees to restrict time under way to an average of six (6) cruising hours per day, unless the Captain agrees to exceed this time. 

PERSONALISE YOUR CHARTER
For overnight charter bookings, the agent or primary charterer is required to complete a Personalise Your Charter form to ensure a memorable stay. This form enables Morris Nautical staff to provide an individually tailored charter experience. The link to this form will be send with each booking confirmation.

PERSONS 
The primary charterer shall not permit more than the maximum number of charter guests, as indicated in the charter particulars of this contract, to sleep or cruise on the vessel. A reasonable number of visitors may be permitted, at the Captain’s discretion when the vessel is in port. If children are on-board, children should be accompanied and supervised by a responsible adult of the charter party at all times. By signature of this agreement, the agent and primary charterer warrants all persons to be suitably fit and have no medical conditions to be physically dangerous to partake in the charter nominated within the particulars.

FOOD & BEVERAGES 
The client may select from a range of culinary menus and a beverage list to ensure an unforgettable charter. For day charters, payment of all food & beverages must be made prior to the charter date. For overnight charters, any food and beverages will be added to the APA and paid upon charter completion. 

TERMINATION & INDEMNITY 
The primary charterer must accept responsibility for the proper conduct of themselves and any charter guests at all times throughout the charter. The Owner and Captain reserve the right to terminate without further notice the charter arrangement of any charter party who refuse to comply with the instructions or orders of the company or whose behaviour or competence in their opinion is likely to cause distress, damage, danger or annoyance to the crew, other charter guests, staff, a third party or to property. Upon such termination, the charterer shall indemnify the Owner against all loss, damage and expense incurred as a result of this conduct. 

MOORING 
As of January 2025 - Cairns.  The M.Y. Flying Fish and M.Y. Beluga are moored at Crystalbrook Superyacht Marina, 44 Wharf St, Port Douglas QLD 4877. Relocation can be arranged at a cost. 

BREAKDOWN 
If the vessel is disabled by breakdown of machinery, grounding or collision for a period between 12 – 48 hours, then the primary charterer will be entitled to a pro-rata refund for the period of breakdown. 

FAILURE IN DELIVERY 
If by reasons of force majeure, the Owner fails to deliver the vessel to the primary charterer at the port of delivery, at the commencement of the charter period and delivery is made within 48 hours of the scheduled commencement date or within 1/10th of the charter period (whichever period is shorter), the Owner shall pay the primary charterer a pro-rata daily rate. Alternatively, an extension of the charter period may be negotiated between the Owner and the primary charterer. If the Owner fails to deliver the vessel at the port of delivery by the commencement date, for any reason other than force majeure, the primary charterer may consider this agreement terminated and be entitled to a full refund or monies paid to the Owner.

SCUBA DIVING 
The Owner does not supply scuba diving equipment or a scuba diving instructor as part of the charter rates and therefore doesn’t accept any responsibility for scuba diving activities for the duration of the charter. Should the charter party wish to engage in scuba diving activities, the Owner is happy to arrange a third-party provider with acceptance of all separate liability and terms & conditions to be made between the charter guests and scuba diving provider directly. Any diving costs will be added to the APA. 

ZONING 
Great Barrier Reef Marine Park zoning manages and protects the Marine Park values people enjoy. Each zone has different rules for activities and defines what activities can take place in each zone (e.g., no fishing in green zone). 

SUSTAINABILITY 
At the Northern Escape Collection, sustainability lies at the core of who we are as a business. We are passionate about reducing our impact on the environment and making a positive one on the community. Click here to view our sustainability philosophy.

REEF KEEPERS 
The Northern Escape Collection donates $50 per charter to the Reef Keepers Fund. The charter party can indulge with a clear conscience knowing that donations go towards environmental projects aimed at protecting and preserving the Great Barrier Reef. 

PETS 
No pets onboard. 

USE OF THE VESSEL 
The primary guest agrees to: 
1) Comply with the laws and regulations of the Country into whose waters the vessel shall enter during the course of the charter 
2) Not behave in a way to cause nuisance to any persons 
3) Treat the Captain and crew with respect and not subject any person to harassment 
4) Not smoke on the vessel, unless authorised by the Captain 
5) Not commit any offence by law of the Country into whose waters the vessel shall enter during the course of the charter 
6) Be responsible for payment of any damages made to the vessel or any of its fixtures, with the amount determined by the Owner or Captain to be charged at the end of the charter

APA on extended charters: APA is 25% of total charter cost and to be paid prior to charter departure. APA will be used for any costs incurred but not restricted to land transfers, fuel (main engines, generator and tender), food and beverages for charter party, mooring fees and other harbour charges, dive costs, park fees, personal laundry, taxes, charter party communications, hire or purchase costs of any special equipment placed on board at the charterer’s request and other expenses not included in the charter fee. Any unused APA payment will be transferred back to each guest within 14 days of charter completion.