BAYSCAPES CHARTERS LTD – TERMS AND CONDITIONS
These Terms and Conditions apply to bookings made with Bayscapes Charters Ltd (“Bayscapes”, Bayscapes Sailing Charters”, “we”, “us” or “our”). By making a booking, you (“you” or “the guest”) agree to these terms on behalf of yourself and any other guests included in your booking. The person making the booking is responsible for ensuring that all members of their party are made aware of the relevant conditions.
1. BOOKINGS AND PAYMENTS
Shared Charters
Payment must be made in accordance with the booking conditions provided at the time of reservation. Your booking is confirmed once the required payment has been received and confirmation has been issued.
Private Charters
A deposit of 20% of the total charter price is required to secure a private booking. The remaining balance must be paid no later than 14 days before departure.
For bookings made less than 15 days before departure, full payment is required at the time of booking.
All prices are in New Zealand dollars and include Goods and Services Tax (GST), unless stated otherwise.
2. Cancellations And Refunds
Cancellations by Bayscapes
We may need to cancel or alter a charter because of unsuitable weather, sea conditions, safety concerns or other circumstances affecting our ability to operate.
If we cancel a charter, guests will be offered either a full refund of the amount paid for the affected booking or the option to transfer the payment to another booking of equivalent value.
Refunds do not include separate travel, accommodation or other expenses incurred by guests.
Shared Charter Cancellations
Guests cancelling a shared charter more than 24 hours before the scheduled departure time are entitled to a full refund.
Cancellations made within 24 hours of departure are not eligible for a refund, except where required by applicable law or otherwise agreed by Bayscapes.
Shared charters require a minimum of four guests to operate. If the minimum number is not reached, Bayscapes Charters will contact affected guests and offer alternative departure dates, subject to availability, or a full refund of the amount paid for the booking.
Private Charter Cancellations
Cancellations made at least 14 days before departure are eligible for a full refund, less any applicable booking fees or charges that cannot be recovered.
Cancellations made less than 14 days before departure are not eligible for a refund, except where otherwise agreed by Bayscapes.
Changes to Bookings
Requests to change a booking are subject to availability and approval by Bayscapes. Additional charges may apply if the change affects the price or arrangements of the charter.
3. WEATHER, SAILING CONDITIONS AND RETURN TIMES
Sailing depends on the weather, wind and sea conditions. The skipper is responsible for deciding whether a charter can operate safely and may change the route, destination, duration or planned activities where conditions or other operational considerations require it.
We cannot guarantee that every planned destination or activity will be available on the day.
Although we aim to return at the advertised time, delays may occur because of weather, sea conditions or other circumstances outside our control. Please allow sufficient flexibility when arranging onward transport or other activities.
If you have a time-sensitive connection or travel arrangement, please discuss this with us before booking.
4. LATE ARRIVALS AND MISSED DEPARTURES
Guests must arrive at the designated meeting point by the boarding time provided in their booking information.
If a guest arrives after the scheduled departure time, the vessel may leave without them. A missed departure due to late arrival or failure to attend does not automatically entitle the guest to a refund.
Please contact us as soon as possible if you anticipate being late. We cannot guarantee that the vessel will be able to wait or return for late passengers.
5. CRUISE SHIP PASSENGERS
Bayscapes Charters Ltd operates independently of cruise ship companies and does not control cruise schedules, tender arrangements or changes to shore excursion times.
Cruise ship guests are responsible for checking their vessel’s arrival and departure arrangements and allowing sufficient time to reach the charter’s designated departure point.
We recommend confirming your tender arrangements and transfer time before booking. If you miss the charter because of a delayed tender, transport issue or failure to arrive on time, a refund is not guaranteed.
Please contact us before booking if you are uncertain whether the charter timing will work with your cruise schedule.
6. FOOD AND DIETARY REQUIREMENTS
Unless otherwise specified in the booking details, our shared day charter includes a packed lunch. Private Charters can request catered food.
Where requested in advance, we can cater for vegetarian, vegan, dairy-free or gluten-free preferences, subject to availability and confirmation.
Food is prepared off-site. Although we take reasonable care when handling dietary requirements, food may be prepared in a kitchen that also handles other allergens. We therefore cannot guarantee that any food is completely free from traces of allergens or cross-contact.
Guests with severe allergies or specific dietary needs should contact us before booking to discuss whether we can safely accommodate their requirements. Guests who are concerned about the suitability of the food provided should make their own arrangements.
Food is not included for infant tickets unless expressly stated in the booking details.
7. ALCOHOL, SMOKING AND VAPING
Bayscapes operates a bring-your-own (BYO) alcohol policy unless otherwise stated in your booking information.
Alcohol consumption must remain responsible and must not compromise the safety, comfort or enjoyment of other guests. The skipper and crew may restrict alcohol consumption or refuse further alcohol consumption whenever they consider it necessary.
We may refuse boarding or require a guest to leave the charter if their level of intoxication or behaviour creates a safety concern.
Smoking is not permitted on board. Vaping is permitted only where expressly allowed by the crew and in any designated areas they identify.
All guests must comply with instructions from the skipper and crew regarding alcohol, smoking, vaping and general conduct.
8. SAFETY ON BOARD
A safety briefing will be provided before the relevant activities begin. All guests must pay attention to the briefing and follow the instructions given by the skipper and crew throughout the charter.
Guests must take reasonable care of themselves and others, use equipment only as instructed, and avoid actions that could create a hazard.
Please tell a crew member promptly if you feel unwell, notice a safety concern or need assistance.
The skipper has final authority over safety-related decisions during the charter. Guests who disregard safety instructions may be prevented from participating in an activity or may be required to leave the charter where reasonably necessary.
9. CHILDREN AND SUPERVISION
Parents and guardians are responsible for the safety and supervision of children in their care throughout the charter, including while swimming, snorkelling, paddle boarding and participating in activities ashore.
Guests under 16 years of age must be accompanied by a responsible adult on board. Children must follow the skipper’s and crew’s instructions, and accompanying adults must ensure that children comply with the safety requirements.
Parents and guardians must actively supervise children during water activities and whenever required by the crew.
10. PASSENGER SAFETY AND CONDUCT
The skipper and crew are responsible for making operational decisions to maintain a safe environment for everyone on board.
We may refuse boarding, restrict participation in an activity or require a guest to leave the charter if their behaviour, condition or actions pose a risk to themselves, other guests, the crew or the vessel.
We may also alter, suspend or cancel a charter where we reasonably consider this necessary for safety or other significant operational reasons.
Where a charter is interrupted or a guest is excluded, any refund or other remedy will be determined in accordance with these Terms and Conditions and applicable law.
11. WIND CONDITIONS AND SEASICKNESS
Wind and sea conditions can change throughout a sailing trip and may affect the comfort of guests on board.
Our skipper makes decisions based on the prevailing conditions, the capabilities of the vessel and the safety and comfort of everyone aboard. The route, destination or planned activities may be adjusted accordingly.
Please follow instructions from the skipper and crew, particularly when moving around the vessel or when conditions become more challenging.
If you begin to feel seasick, uncomfortable or unsafe, let a crew member know as soon as possible. While we will endeavour to assist and make reasonable adjustments where conditions allow, we cannot guarantee that seasickness or discomfort can be avoided.
12. SWIMMING, SNORKELLING AND PADDLE BOARDING
Each guest must disclose their swimming ability to the crew before entering the water. Water activities are monitored by the crew from the vessel or shore where possible, but are not guided, and crew members do not enter the water with guests. Guests must remain within sight of the crew, follow all safety instructions and use equipment as directed.
Guests must consider their own swimming ability, confidence and physical limitations before taking part. Please inform the crew of any concerns before entering the water.
Children under 16 must be supervised by a parent or guardian at all times while swimming, snorkelling or paddle boarding.
Participation in any water activity may be restricted or declined by the skipper or crew if they consider the conditions, a guest’s ability or other circumstances make it unsafe.
13. ACTIVITIES ASHORE
Where the charter includes time ashore, guests must follow the crew’s instructions about landing locations, walking routes, meeting points and return times.
If undertaking a self-guided walk, guests must remain on marked tracks, take reasonable care on uneven or steep terrain, and return to the designated meeting point at the time specified by the crew.
Guests must not enter restricted areas or continue walking if they are uncertain of the route or believe they may be unable to return safely in time. Contact the crew as soon as possible if you become lost, injured or delayed.
Where a guest’s failure to return creates a need for additional assistance or a search, any recovery of associated costs will be subject to applicable law and the circumstances of the incident.
14. MARINE TOILET
A marine toilet is available on board below deck.
To help prevent blockages, do not flush sanitary products, wet wipes, paper towels or rubbish. Place these items in the bins provided.
If you are unsure what can be flushed, please ask a crew member before using the toilet.
Guests may be responsible for reasonable costs incurred if a blockage or damage is caused by prohibited items being flushed.
15. PERSONAL BELONGINGS AND EQUIPMENT
Guests are responsible for keeping their personal belongings secure during the charter and for taking care when using the vessel’s facilities and equipment.
Please follow crew instructions when using paddle boards, snorkelling equipment and other items supplied for guest use. Equipment must be returned as directed and must not be used in a way that could endanger anyone or cause damage.
Please report any accidental damage, lost property or equipment issues to a crew member as soon as possible.
Guests may be responsible for the reasonable cost of repairing or replacing equipment where damage is caused by their deliberate actions, negligence or misuse.
16. PHOTOGRAPHY, VIDEO AND PRIVACY
We sometimes take photographs and videos during our charters to capture moments from the experience.
We will ask for your permission before using identifiable images or recordings of you in Bayscapes Charters’ advertising, website or social media. You may enjoy your charter without agreeing to promotional photography, and declining will not affect your booking.
Please speak to a crew member if you have questions or wish to discuss a photograph or recording taken during your trip.
We use personal information collected through bookings to manage reservations, communicate with guests and meet our legal and operational obligations. We handle personal information in accordance with applicable New Zealand privacy law.
17. HEALTH, ACCESSIBILITY AND SPECIAL REQUIREMENTS
Please tell us before departure about any relevant medical, mobility, accessibility or other requirements that may affect your safe participation in the charter.
This allows us to discuss the facilities available on board and consider whether reasonable arrangements can be made.
Hibiscus Star has steps and changes in level between areas of the vessel. Access to some facilities, including the marine toilet below deck, requires using stairs.
If you are uncertain whether the vessel or planned activities are suitable for your needs, please contact us before confirming your booking.
18. DAMAGE, LIABILITY AND PERSONAL RISK
Sailing and water activities involve inherent risks, including slips, falls, changing weather and sea conditions, contact with sailing equipment, swimming-related injuries, drowning and accidents while exploring ashore. Access to emergency and medical assistance may be limited when out on the water or visiting remote locations.
Guests participate in activities at their own risk and must consider their abilities, follow all safety instructions and use equipment as directed. Bayscapes Charters Ltd takes reasonable precautions to promote guest safety but cannot eliminate all risks associated with sailing and recreational activities. The skipper may change the itinerary or restrict activities whenever necessary for safety.
To the extent permitted by New Zealand law, Bayscapes Charters Ltd excludes liability for loss, injury or damage that it is legally entitled to exclude. Nothing in these terms limits any rights or liabilities that cannot lawfully be excluded.
19. COMPLAINTS AND FEEDBACK
If you have a concern during your charter, please raise it with the skipper or a crew member as soon as reasonably possible so that we have an opportunity to address it.
If you wish to provide feedback or make a complaint after your trip, please contact us using the contact details on our website and include your booking details and a description of the issue.
We will review complaints fairly and respond within a reasonable timeframe.
20. CHANGES TO THESE TERMS
We may update these Terms and Conditions from time to time. The version provided at the time of booking will normally apply to that booking.
If a change is necessary for legal, safety or operational reasons, we will notify affected guests where appropriate. Changes to an existing booking will be handled in accordance with applicable law and any agreement reached with the guest.
21. PRICES AND AVAILABILITY
All prices are stated in New Zealand dollars and include GST unless otherwise specified.
Prices, departure times, activities and availability may change. The price and booking details confirmed for your reservation will apply, subject to these Terms and Conditions and any agreed changes.
22. CONTACT
For questions about these Terms and Conditions, your booking or any special requirements, please contact:
Bayscapes Charters Ltd
We look forward to welcoming you aboard Hibiscus Star and sharing the Bay of Islands with you.
Version 3 – 09/10/2026