Terms of Service
Last updated: May 2026
Please read these terms carefully before making a booking. By using BookMyWave you agree to be bound by these terms in full. If you do not agree, do not use the platform.
Contents
1. About BookMyWave
BookMyWave is an online marketplace that connects customers with independent boat charter operators in Australia. We act solely as an intermediary platform facilitating bookings between customers and operators. BookMyWave is not a charter operator, vessel owner, or maritime service provider, and accepts no responsibility for the vessel, crew, safety standards, or services provided by individual operators. Nothing in these terms creates an employment, agency, partnership, or joint venture relationship between BookMyWave and any operator or customer.
2. Eligibility
You must be at least 18 years of age to make a booking on BookMyWave. By using this platform you confirm that you have the legal capacity to enter into a binding contract under Australian law. If you are making a booking on behalf of a group, you agree to these terms on behalf of all group members and accept personal responsibility for ensuring compliance by all guests.
3. Bookings
When you submit a booking request, you are making an offer to hire a vessel for the specified date, time, and duration at the price shown. For instant-approval listings, your booking is confirmed and payment is captured upon submission. For manual-approval listings, your card is authorised but not charged until the operator approves the request. If the operator declines or does not respond within the approval window, your authorisation is released and no charge is made. Bookings are non-transferable and may not be assigned to another person without operator consent.
4. Cancellation & Refunds
Cancellation policies are set individually by each operator and displayed clearly on the listing page and at checkout before payment. The applicable policy forms part of your binding booking agreement. BookMyWave does not override operator cancellation policies. Refunds, where applicable, are processed via the original payment method. Processing times are subject to your bank or card provider. BookMyWave platform fees are non-refundable in all circumstances. In the event of a genuine safety emergency or vessel mechanical failure that prevents the charter from proceeding, BookMyWave may facilitate a refund at its sole discretion, but is not obligated to do so.
5. Operator Responsibilities
Operators are solely and entirely responsible for: (a) vessel seaworthiness, maintenance, and safety; (b) holding all required licences, permits, and registrations including AMSA compliance where applicable; (c) maintaining current public liability insurance of not less than $10,000,000 per occurrence; (d) crew qualifications, conduct, and safety briefings; (e) compliance with all applicable Commonwealth, State, and maritime laws and regulations; and (f) accurate and complete listing information. BookMyWave may request copies of insurance certificates and licences for platform records but does not independently verify, audit, or certify operator compliance. The presence of a listing on BookMyWave does not constitute any endorsement, certification, or warranty of the operator's safety standards, insurance currency, or legal compliance. Operators indemnify BookMyWave against any claim, loss, or liability arising from the operator's breach of these obligations.
6. Customer Responsibilities
Customers are responsible for: (a) ensuring guest numbers do not exceed the vessel's stated maximum capacity at any time; (b) compliance with all operator house rules displayed on the listing; (c) the conduct of all guests during the charter; (d) any damage to the vessel, equipment, or third-party property caused by the customer or their guests; and (e) ensuring all guests are fit to participate, including any relevant health or mobility requirements. Customers must not permit any guest to board in a state of intoxication that may pose a safety risk. Operators reserve the right to refuse boarding to intoxicated guests without refund obligation.
7. Security Bond
A refundable security bond of AUD $2,000 is collected at the time of booking for all charters. The bond is held by BookMyWave and is not transferred to the operator. The bond will be released to the customer within 7 days of the charter completion date, provided no damage claim has been submitted. If a damage claim is submitted within the permitted reporting window (see Section 8), the bond will remain frozen pending resolution of the claim. The $2,000 bond represents a deposit against damage, not a cap on the customer's liability. If the cost of damage exceeds $2,000, the customer remains personally liable for the outstanding balance. By completing a booking, you expressly consent to BookMyWave charging your payment method on file for any damage costs approved under Section 8, including amounts exceeding the bond. This consent applies whether or not the charge is initiated at the time of booking (off-session payment authorisation).
8. Damage Reporting & Claims
Operators must report any damage to their vessel caused during a charter by submitting a damage report through the BookMyWave operator portal within 6 hours of the charter's scheduled end time. Reports submitted after this window may be accepted at BookMyWave's sole discretion, but late submission significantly weakens the claim and BookMyWave is not obligated to act on it. A damage report must include: (a) written description of the damage; (b) photographic or video evidence; (c) the operator's estimated repair cost; and (d) a statutory declaration that the damage did not exist prior to the charter where requested by BookMyWave. Within 7 days of submitting a damage report, the operator must provide a written repair quotation from a licensed repairer or marine repair business. Operator self-quotations are not accepted. If a valid third-party quotation is not provided within 7 days, the damage claim will be automatically cancelled and the bond released to the customer. BookMyWave will review the submitted evidence and quotation and make a finding at its sole discretion. BookMyWave's finding may approve the full claim, approve a partial amount, or reject the claim. BookMyWave's decision is final with respect to bond release. Any amount approved up to $2,000 will be deducted from the customer's bond. Any approved amount exceeding $2,000 will be invoiced to the customer separately. BookMyWave acts as facilitator only for amounts above the bond and is not liable if the customer fails to pay the outstanding balance.
9. Damage Dispute Process
Upon a damage claim being approved by BookMyWave, the customer will be notified by email with full details of the claim, evidence submitted by the operator, and the approved deduction amount. The customer has 7 calendar days from the notification date to dispute the finding by contacting BookMyWave at hello@bookmywave.com. If no dispute is received within 7 days, the customer's silence constitutes acceptance of the claim and the bond deduction will be processed without further notice. Where a customer disputes a claim, BookMyWave may request an independent third-party quotation for comparison. BookMyWave will consider both parties' evidence and make a final determination. BookMyWave's determination regarding the bond amount is final and binding on both parties. For amounts above the bond where the customer disputes liability or refuses payment, the operator must pursue any outstanding amount directly through the NSW Civil and Administrative Tribunal (NCAT) or other applicable legal forum.
10. Service Partners
BookMyWave facilitates connections between customers and third-party service providers including photographers, caterers, DJs, and other event suppliers. These providers are independent contractors with no employment or agency relationship with BookMyWave. BookMyWave does not guarantee the quality, availability, or delivery of third-party services. Any dispute regarding a third-party service must be resolved directly with that provider. BookMyWave's liability in relation to third-party services is limited to facilitating a reasonable resolution where possible, at its sole discretion.
11. Prohibited Conduct
The following conduct is strictly prohibited on all BookMyWave charters: (a) exceeding vessel capacity; (b) bringing illegal substances on board; (c) fishing or diving unless expressly permitted by the operator; (d) discharging waste overboard in contravention of maritime regulations; (e) operating the vessel without operator permission or applicable licence; (f) conduct that endangers the safety of any person on board; and (g) wilful damage to vessel or equipment. Operators may terminate a charter and require all guests to disembark immediately if prohibited conduct occurs. In such circumstances no refund is payable and the operator may pursue a damage or conduct claim through the platform.
12. Force Majeure & Weather
BookMyWave and operators are not liable for cancellations, delays, or curtailments caused by events beyond reasonable control including but not limited to: severe weather, high winds, rough sea conditions, government-issued maritime warnings, mechanical failure, acts of God, or emergency government directions. Where a charter cannot proceed due to weather or safety reasons determined by the operator or relevant authority, the operator's cancellation policy applies. BookMyWave strongly recommends customers obtain travel insurance covering charter cancellation. BookMyWave accepts no liability for losses arising from weather-related cancellations.
13. Platform Fees
BookMyWave charges operators a platform fee on each completed booking. This fee is deducted from the operator's payout and is not an additional charge to the customer. Customers pay the listed price inclusive of GST as shown at checkout. Platform fees are non-refundable in all circumstances, including where a booking is cancelled by either party.
14. Payments & Off-Session Charges
All payments are processed by Stripe. By completing a booking you agree to Stripe's terms of service. BookMyWave does not store credit card numbers. Operator payouts are issued via Stripe Connect after booking completion, subject to Stripe's standard payout schedule and any applicable hold period. By completing a booking you provide express consent for BookMyWave to charge your saved payment method without further authorisation for: (a) bond deductions approved under Section 8; and (b) any other amounts you owe under these terms that have been confirmed in writing. Off-session charges will be notified to you by email prior to processing where reasonably practicable.
15. Privacy
BookMyWave collects and handles personal information in accordance with its Privacy Policy, available at bookmywave.com/privacy. By using the platform you consent to the collection and use of your information as described in the Privacy Policy. BookMyWave may share your information with operators and service providers to the extent necessary to fulfil your booking.
16. Limitation of Liability
To the maximum extent permitted by Australian consumer law, BookMyWave's total liability for any claim arising from use of the platform is limited to the amount paid by the customer for the specific booking giving rise to the claim. BookMyWave is not liable for: (a) indirect, incidental, special, or consequential damages; (b) loss of enjoyment, loss of profit, or loss of opportunity; (c) personal injury or death occurring during a charter; (d) property damage occurring during a charter; (e) the conduct of operators, crew, or third-party providers; or (f) damage costs exceeding the bond amount. BookMyWave is a technology platform and marketplace facilitator only. It does not operate vessels, employ crew, or provide maritime services, and is not an insurer of any kind. Nothing in these terms excludes rights that cannot be excluded under the Australian Consumer Law.
17. Indemnity
You agree to indemnify, defend, and hold harmless BookMyWave, its directors, employees, and agents from and against any claims, losses, liabilities, damages, costs, and expenses including legal fees arising from: (a) your use of the platform; (b) your breach of these terms; (c) the conduct of you or your guests during a charter; or (d) any dispute between you and an operator or third-party provider.
18. Dispute Resolution
In the event of a dispute between a customer and operator, BookMyWave may, at its sole discretion, assist in facilitating communication between the parties. BookMyWave is not obligated to mediate or arbitrate disputes. For disputes involving amounts within the NCAT jurisdiction threshold, the parties agree to attempt resolution through NCAT Small Claims before commencing any court proceedings. These terms are governed by the laws of New South Wales, Australia. Subject to the above, the parties submit to the exclusive jurisdiction of the courts of New South Wales.
19. Intellectual Property
All content on the BookMyWave platform including text, design, logos, and software is owned by or licensed to BookMyWave and is protected by Australian and international intellectual property laws. You must not reproduce, distribute, or create derivative works from platform content without express written permission. Operators grant BookMyWave a non-exclusive, royalty-free licence to display their submitted listing content, images, and descriptions on the platform for the purpose of operating the marketplace.
20. Changes to These Terms
BookMyWave may update these terms from time to time to reflect changes in law, platform features, or business operations. The current version will always be published at bookmywave.com/terms with the last updated date. Continued use of the platform after changes are posted constitutes acceptance of the updated terms. For material changes, BookMyWave will notify registered users by email at least 14 days before the changes take effect. If you do not accept the updated terms, you must stop using the platform.
🔒 Security Bond Summary
A $2,000 AUD security bond is held on all bookings. It is released within 7 days of charter completion if no damage is reported. Operators must report damage within 6 hours of charter end. A professional repair quotation must be provided within 7 days of the report. Customers have 7 days to dispute an approved claim — silence constitutes acceptance. Customer liability is not capped at $2,000; outstanding costs may be invoiced separately.
Questions about these terms?
Contact us at hello@bookmywave.com · BookMyWave · Sydney, NSW, Australia