The Backyard Entertainment Limited (“the Company”)
Notes on Reservation
1. The Customer shall complete the reservation in advance, and may settle full payment of the charter fees on the boarding date, but in any event, payment must be completed before disembarking from the vessel.
2. After the Company confirms the order, the Customer shall not be entitled to reduce the selected additional services or the number of passengers as prescribed in the order. If the Customer seeks to make any changes to the order, the Customer shall notify the Company at least 7 days before the boarding date.
3. If the Company does not confirm the order within 2 days after payment, kindly contact the Company.
4. The Customer and/or the passengers are advised to arrive at the pier early for boarding. The Customer and/or the passengers shall bear their own costs in boarding the vessel later than the scheduled time, and the Company shall not be held liable for any losses or damages resulting therefrom. If the Customer and/or the passengers do not show up within 2 hours of the scheduled boarding time, the order shall be deemed cancelled by the Customer. All deposits paid shall not be refunded, and any remaining balance of the charter fee must be paid on time.
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Charter Terms
1. All houseboats of the Company are registered as pleasure vessels with the Hong Kong Marine Department and are insured according to Hong Kong law.
2. According to Hong Kong marine laws and regulations, the Customer shall sign a charter agreement for hiring any locally registered pleasure vessels. The houseboats shall only be used for leisure purposes (such as for parties, boating experiences and other leisure activities). Customers shall properly use the vessel in accordance with the rental agreement and all applicable marine laws and regulations during the charter period. The charter fees shown on the Company’s website are based on use of vessels for leisure purposes only. If the Customer wishes to charter a vessel for other purposes, such as commercial promotions or weddings, the Customer shall request a fee quote from the Company.
3. A charterer who fails to comply with section 6(5)(b) of the Merchant Shipping (Local Vessels) (Certificates and Licensing Matters) Regulation (Cap 548D) commits an offence.
4. If the Customer and/or passengers need to bring any large articles on board (including but not limited to stereos, cooking utensils or other large equipment), the Customer shall notify the Company at least 7 days before boarding; otherwise, the Company may refuse the Customer and/or passengers to board with such items.
5. The number of passengers on board shall not exceed the maximum permissible capacity of the vessel. If the number of passengers on board exceeds the number stated in the order, the Company reserves the right to charge a boarding fee of HK$1,000 per additional person or cancel the order. No refund shall be made for such cancellation.
6. Shoes are not allowed inside the houseboat.
7. Smoking is not allowed inside the houseboat. The designated smoking area is located in the open-air area outside the houseboat.
8. Passengers on board shall dispose of rubbish properly in the provided bins and keep the houseboat clean and tidy during the charter period.
9. Passengers shall not flush toilet paper or sanitary products into the toilet. If the toilet is clogged, the Company shall charge the Customer a maintenance fee of HK$1,500.
10. Passengers shall not carry or use any illegal items on board. If the Company discovers any such activity, it reserves the right to report to the police, terminate the charter immediately, and request the persons involved to disembark. No refund shall be provided in such cases.
11. The Customer is aware of and agrees to assume all risks in using the vessel, including but not limited to moving parts and ropes (whether at the bow or stern). The Customer agrees to follow all safety instructions and applicable regulations.
12. The shuttle service hours between the pier and the houseboat are from 9:00 a.m. to 11:00 p.m. Any request outside of service hours will be subject to an additional reasonable service charge.
13. If the Customer fails to pay any amount due to the Company on time, the Company shall have the right to recover all outstanding amounts and any related costs or expenses (including legal costs).
14. No delay or failure of the Company to exercise any right hereunder shall operate as a waiver of such right. The exercise of any right by the Company shall not preclude the Company from exercising any other rights or remedies available under law or in equity.
15. If any provision of this Agreement is held to be illegal or invalid by a court in Hong Kong, such provision shall be deemed severed, and the remaining provisions shall remain in full force and effect.
16. This Agreement shall be governed by and construed in accordance with the laws of Hong Kong.
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Damages and Liabilities
1. The Customer and/or passengers shall maintain all furniture and equipment in good condition and return them in the same condition as at boarding (normal wear and tear excepted).
2. The Customer shall be liable for any damage, loss, theft or removal of any vessel property during the charter period and shall cover all related costs.
3. Customers must clean the vessel and any borrowed kitchenware or tableware before disembarking. Otherwise, a cleaning fee of HK$800 will be charged.
4. All vessels are insured according to Hong Kong laws.
5. The Customer shall be fully responsible for the safety and belongings of all passengers. The Company shall not be held liable for any loss, injury, or damage of any kind, whether due to negligence or otherwise. The Company will, however, assist the Customer in reporting incidents to the police if needed.
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Indemnity
1. The Customer acknowledges the risks associated with being on board and voluntarily assumes full responsibility for the use of the vessel (including boarding and disembarking). The Customer shall ensure that all passengers comply with applicable safety guidelines and laws. To the fullest extent permitted by law, the Customer (on behalf of themselves and all passengers, family, representatives, and administrators) fully waives all claims and releases the Company from all liabilities, including loss, injury, and death, regardless of cause.
2. The Customer shall fully indemnify the Company against all losses, damages, costs, and liabilities arising from the booking.
3. Passengers are advised to purchase their own insurance if deemed necessary.
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Language
If there is any inconsistency between the Chinese version and the English version of these terms and conditions, the English version shall prevail.