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Terms & Conditions

Payment Terms

  • For bookings made 15 days or more from arrival date, 50% of booking payment is required upfront, with final 50% payment due two weeks prior to stay
  • For bookings made less than two weeks from arrival date, 100% payment required at time of booking

Cancellations or Postponement by User

  • Up to 30 days from arrival date 100% refunded (minus a 5% administration fee)
  • Within 30 to 15 days of arrival date 50% of the total amount is forfeited.
  • Within 14 days of arrival date 100% of the total amount is forfeited
  • All Cancellations must be received in writing via email
  • In response you will receive and email confirmation of your cancellation.

Security Payment & Missuse Fees

  • The Lilypad Group will retain Card payment details used at the time of booking until such time as you have check out and our operations team deem that your payment details are approved to be deleted from our system. The Lilypad Group reserves the right to use the booking card as security for damages and/or misuse of the venue during your booking duration. Example damages and misuse fees to be charged outlined below.
    • Additional Cleaning fee (beyond standard requirement) – $150
    • Removing of Lilypad possessions including towels, robes or unconsumed alcohol – $250
    • Breach of allowable number of persons on board  – $2,500
    • Breach of use of self drive tender after or before daylight hours- $2,500

COVID Forced Cancellation

  • Lilypad Palm Beach will allow cancellations without penalty (even when the above policies dictate a cancellation fee) only when a ‘Federal’ order, or a ‘State’ order is in place that prohibits a guest to transit between their state of origin and the resort as a direct impact associated with the COVID-19 pandemic.

Number of Persons Onboard & Age Restrictions 

For all overnight stays Lilypad is strictly limited to only two people overnight, babies and toddlers are not permitted to stay overnight nor are they permitted to be onboard during daylight hours for any length of time. There is a minimum age requirement of 12years old for any child being accompanied by an adult for overnight stays. An overnight stay booking only entitles use of Lilypad with a maximum of two people on board for the entirety of your booking unless otherwise requested and approved in writing. Additional fees may also apply for additional day guests. Please contact Lilypad management for a quote if additional day guests are required. Breach of this condition will result in a fee payable of $2,500 charged to your card on file.

Weather Based Cancellation

The Lilypad Group constantly and closely monitors weather patterns effecting our area of operation to ensure the safety and comfort of our guests.

The Lilypad Group operates in accordance with all NSCV regulations as well as the Laws and regulations of both NSW Roads and Maritime Services and Australian Maritime Safety Authority.

As such The Lilypad Group reserves the right to postpone your booking should it become aware that unsafe weather conditions are expected for your booking date – This may happen anywhere from 72hrs out from your booking or even the morning of your check in if deemed necessary from The Lilypad Group. If the Lilypad group is forced to alter your booking date due to the aforementioned unsafe weather conditions you will be given alternate dates for your stay within our available dates.

If weather conditions change unexpectedly while guests are on board, Lilypad Palm Beach will liaise with User to ensure safety of those on board which may result in refund of booking if the booking cannot continue and cancellation is deemed necessary from The Lilypad Group. If the User chooses to cancel a refund will not take place.

 

Late Check In:

Check In will not be accepted after 4pm without prior written approval. Requests for late checking must be made before the booking date.

Standard Check In is 2pm (or 4pm with Seaplane arrivals)

Standard Check Out is 11am (or 12pm with Seaplane departure)

Payment Terms

50% payment is made at time of booking with the remaining amount to be paid at least of 30 days from the check in date. Note: a booking is not confirmed until 100% of payment has been made.

All payments to be 100% made at least 14 days from check in date.

NOTE: Lilypad Palm Beach is an exclusive private vessel. Lilypad, in its sole and absolute discretion, reserves the right at all times to deny or revoke entry to the vessel to any person or User, whether or not any relevant booking has been confirmed and or paid for by of for such person or User. If the right to use Lilypad Palm Beach is denied or revoked, all rights to use the vessel will immediately cease and where relevant the person or User must immediately vacate the vessel. In such circumstances Lilypad will refund the usage fee. Refund of such usage fee will be in full and final satisfaction of any claim which such person or User may have in relation to either such booking or the use of Lilypad Palm Beach, but will not affect Lilypad’s right to recover any loss or damage from any relevant person.

Gift Vouchers

Gift vouchers are valid for 36 months from date of issue. Unused values will not be refunded or attributed to any transactions after the expiry date.

Gift vouchers cannot be redeemed for cash, returned for a refund, have their balances consolidated to a new voucher or be replaced after expiry and are not legal tender, account cards, credit or debit cards or securities.

If your purchase exceeds the value of the gift voucher, balance must be paid by cash, debit or credit card.

Gift vouchers cannot be replaced if lost or stolen.

Lilypad reserves the right to cancel a gift voucher if we deem such action necessary. If so, we may either provide a replacement gift voucher of equivalent value unless we suspect fraud in relation to a gift voucher. The gift voucher remains our property.

LILYPAD PALM BEACH

TERMS OF USE

Lilypad Group Pty Limited A.C.N. 630 366 504 (LilyPad) is the owner of a luxury floating, moored destination vessel Pittwater (LilyPad Palm Beach)

The document details the rights and obligations of the Users of LilyPad Palm Beach.

Lilypad is strictly a non smoking vessel 

Execution of the LilyPad Palm Beach Application Form constitutes acceptance of these terms (Terms).

In consideration of the payment of LilyPad Fees, a User is entitled to use LilyPad Palm Beach in accordance with the details contained on the Application Form and subject to compliance with these Terms.

Where a user is a corporation it must nominate a person who will be jointly responsible and liable to observe and perform the duties and obligations of a User as set out in these Terms and the Policies, Procedures and Rules for the use of LilyPad Palm Beach which are published from time to time by LilyPad.

LilyPad Fees means and includes all fees payable for use of LilyPad Palm Beach, , together with any interest if any payable thereon.

A User has the following annual rights to use LilyPad Palm Beach:

LilyPad Palm Beach Use Obligations

LilyPad Palm Beach is a moored floating venue, situated in Pittwater and is subject to the following obligations concerning its use:

LilyPad Palm Beach is a form of vessel to which relevant maritime laws apply. LilyPad holds a Certificate of Survey issued by the Australian Maritime Safety Authority and any use of LilyPad Palm Beach is subject to the terms of such Certificate.

A User agrees to observe all relevant maritime laws in relation to the use of LilyPad Palm Beach.

A User:

a.must Control LilyPad Palm Beach during period of any booking.

b.is responsible for their own safety and the safety of all User’s nominees and guests. Overnight capacity of the vessel is strictly Two people. At no time day or night are more than two people to be on Lilypad without prior written approval from the Lilypad Team.

c.must familiarizes themselves with and observe all Safety Requirements including location of lifejackets.

d.must not use or permit LilyPad Palm Beach to be used in a manner other than its purpose as a floating venue.

e.acknowledges that conditions on the water can change dramatically based on weather and water conditions, accordingly A User must be conscious and aware of weather and water conditions.

f.follow the instructions of LilyPad, its employees and agents in relation to the use of LilyPad Palm Beach.

g.not damage or cause or permit damage to any part of LilyPad Palm Beach.

h.use LilyPad Palm Beach in a manner which respects the rights of other Users to use LilyPad Palm Beach.

i.is responsible to reimburse LilyPad for all loss or damage to LilyPad Palm Beach which occurs during the course of A User or their guest use of LilyPad Palm Beach.

j.must not permit unauthorized persons to access any Use rights and agrees to indemnify Lilypad for use of LilyPad Palm Beach by unauthorized persons who access Use rights with the express or implied authority of A User.

k.agrees to the extent permitted by law, to waive any right to claim against LilyPad to the extent that a User is obliged to Control LilyPad Palm Beach;

l.is responsible for ensuring that its guests or nominees observe and perform the obligations of a User.

m.authorizes LilyPad to purchase alcohol as agent on their behalf from licensed suppliers and to cause such purchases to be delivered to a User.

n.must immediately vacate LilyPad Palm Beach if directed to do so by LilyPad or any relevant authority, in circumstances were LilyPad or any relevant authority consider it would be unsafe to remain.

Control includes doing all things which are required by maritime law in relation to the use of a vessel, which amongst other things includes an obligation to ensure the safety and welfare of all persons using or accessing LilyPad Palm Beach or a Personal Vessel, including but not limited to the safety and welfare of User and their guests or nominees.

A User will be deemed to be in “Control” of LilyPad Palm Beach from the time that they step onto until they depart from LilyPad Palm Beach.

Safety Requirements includes but is not limited to all or any requirements which form part of the Policies, Procedures and Rules, any requirements detailed on signage situated on LilyPad Palm Beach, or which may be otherwise prescribed by law.

Suspension

The rights of a User will be immediately suspended if any amount due from time to time by a User is not paid to LilyPad.

Such rights may be suspended without notice in circumstances where a User knows or ought reasonably to know that monies remain outstanding to LilyPad.

Default (Financial)

Amounts payable by a User are immediately due and payable and must be paid forthwith. Interest will be payable on amounts outstanding from time to time at an interest rate of 1.5% per month calculated and compounded daily. Such interest will form part of the debt due to LilyPad.

If amounts remain outstanding from a User to LilyPad and such amounts are not paid within 7 days of the date due, then in addition to the right of LilyPad, LilyPad will be entitled to immediately commence proceedings against a User for the recovery of any such amounts on the basis that such amount is a liquidated debt immediately due and payable. The legal costs and expenses of such proceedings must be paid by a User on an indemnity basis unless the court or relevant tribunal considers that circumstances exist where no such order should reasonably be made.

In the event that User rights are revoked due to default, a User will not be entitled to any refund of any LilyPad Fees.

Usership Preconditions

Users are obliged to provide accurate details in the Application Form. A User is obliged to update any relevant details which may have changed prior to usage of LilyPad Palm Beach.

Users may be subject to relevant Federal or State police checks and Credit reference checks.

A User acknowledges and agrees to be bound by and to observe the terms of these Terms and such Policies, Procedures and Rules published, and amended from time to time by LilyPad. A copy of the Policies, Procedures and Rules which are applicable at the this dated are set out below and are also published on the LilyPad Palm Beach website.

Liability for Claims

LilyPad keeps and maintains certain insurance to cover certain types of loss and damage to LilyPad Palm Beach and the vessels and other forms of transport which are within LilyPad’s control and which are used in conjunction with the use of LilyPad Palm Beach. Such insurance includes public liability insurance.

A User acknowledges that insurance which is maintained by LilyPad will not necessarily cover risks which arise as a result of the fault of a User, their guests or nominee. A User acknowledges that they have an obligation to seek to ensure that they maintain sufficient personal insurance to cover the risks which may be associated with a User being in Control of LilyPad Palm Beach. A User agrees to indemnify LilyPad for all or any Claim arising due to the fault of a User, its guest or nominee except to the extent that such Claim is covered by the insurance maintained from time to time by LilyPad.

Claim means any form of action, claim, suit, demand for loss or damage, however arising and whether present or future, fixed or unascertained, actual or contingent.

Default (Non-Financial)

If a User breaches its obligations under these Terms, any right to use LilyPad Palm Beach may be immediately suspended without compensation.

Disputes

If a dispute arises between LilyPad and a User, the parties will undertake good faith discussions with the intention of seeking a mutually acceptable resolution of any relevant issue. In the event that the parties are unable to agree such resolution, the parties agree to undertake a mediation to seek to resolve such dispute. Undertaking such mediation is not a pre-condition to commencing proceedings, however both parties agree that where a matter is subject to a genuine dispute in any proceedings, the parties will seek to refer the matter for mediation at the earliest reasonable opportunity.

Notices

Notice may be given in any manner authorized by law or via email to the last known email address of the party. In appropriate circumstances a notice may be issued via SMS to a party.

General Provisions

The rights of a User are personal to a User and cannot be assigned or transferred to any third party without the prior written consent of LilyPad. Any such consent may be withheld in the absolute discretion of LilyPad.

LilyPad is entitled to assign the benefit of these Terms without the consent of a User.

Lilypad collects personal and limited sensitive information to provide deliver services, for the purposes of marketing and fulfilling contractual obligations to Users and to administer Usership. A User’s personal information is used subject to any applicable privacy legislation.

Generally GST is included in all LilyPad pricing. If GST is not included GST will be added to the relevant pricing and will be payable by A User on the issue of a GST Invoice.

The relationship between Lilypad and a User is contractual and except as expressly provided, does not create an agency , partnership, joint venture, mutual association, employment or lessor/lessee relationship.

Where the context permits, a reference in these Terms to the singular includes the plural and vice versa; a reference to person includes a corporation and vice versa and a reference to one gender includes all other genders.

Policies Procedures and Rules

Note all Polices Procedures and Rules may be varied from time to time by LilyPad

Safety Protocol

A User is responsible as “master” of the vessel for the safety of a User and their guests whilst using LilyPad Palm Beach, the Personal Vessel and all items incidental thereto.

A User must familiarizes themselves with the Safety Management Systems (see below) and observe such systems at all material times.

Where applicable a User must be conscious that they are in a floating vessel and will be required to observe the maritime rules of operating vessels.

Personal Vessel use:

Navigation of the Personal Vessel must be in accordance with all maritime rules including but not limited to:

Maintaining a proper look out at all times

Observing use rules in adverse weather and water conditions

Observing rules concerning consumption of alcohol and drugs

Maintaining the safety of all passengers and others in or on the water.

Not exceeding 4 knots

Obeying speed restrictions;

Wearing lifejackets

Not using the vessel in or near open waters or dangerous currents/surf conditions

Reporting all relevant incidents

Embarking/Disembarking

Tender service is available from Palm Beach Anchorage to shuttle guests from wharf to Lilypad. Operational hours for the duration of your booking. To request tender while on Lilypad, guests will need to call 0417 217 739

Private vessels are acceptable upon notification and approval from Lilypad staff

LilyPad’s own tender can be used with maximum two people to travel to and from vessel. A license is not required when driving under 10 knots

Users and guests to embark and disembark from the landing platform only

A maximum of six guests at any one given time can be on the landing platform

Boarding gate is only to be opened when embarking or disembarking and is not to be left in open position

Users must lock Lilypad upon disembarking

Safety Checks

Pre boarding safety check will be carried out by Lilypad staff, ensuring the vessel and all systems are in safe and correct working order

At no circumstance is a User or guest of Lilypad allowed to detach vessel from the mooring or anchor

Phone will be available on board with all emergency contacts

Use of Personal Vessel

Use of personal vessel for two pax.

No license required for when under 10 knots

Vessel can go faster than 10 knots, so User to use at own discretion

Lifejackets

Lifejackets are stored in the storage locker at the bow of the vessel labelled ‘lifejackets’

Lifejackets must be used on children under age of five years of age

Lifejackets to be used in case of emergency

Six life-rings located at bow of vessel in case of emergency. Two people per life ring.

Alcohol and Drug Use

Illicit Drugs are not permitted on board the vessel and will result in immediate termination of contract

Alcohol is permitted

oOvernight guests have access to the wine cellar with a selection of wines and beer provided free of charge by Lilypad to use at their own discretion

oDaytime bookings can either bring their own suppliers or choose one of the two beverage package options

oRequest proof of age if required

Lilypad staff have right to refuse service of alcohol to anyone who appears to have had too much to drink at day time bookings

Alcohol at daytime events can be served from 11:30 – 5:30pm

Private tender must not be used under influence of alcohol

Emergency Contacts

Emergency contacts will be available in both phone available on board and the folder that is not to be removed from vessel. These contacts include:

oEmergency 000

oRMS

oMarine Rescue

oWater Police

oLilypad Palm Beach

Adverse Weather Conditions /Force Majeure/Maintenance & Repairs

Lilypad has right to cancel or any booking or revoke any right to use LilyPad Palm Beach at any time, in its sole discretion due to: weather conditions; any circumstances beyond its control (force majeure); or to effect any form of maintenance or repair.. If the right to use Lilypad Palm Beach is denied or revoked, all rights to use the vessel will immediately cease and where relevant the person or User must immediately vacate the vessel. In such circumstances Lilypad will refund the usage fee. Refund of such usage fee will be in full and final satisfaction of any claim which such person or User may have in relation to either such booking or the use of Lilypad Palm Beach, but will not affect Lilypad’s right to recover any loss or damage from any relevant person.

If unfavorable winds are expected 72 hours out from their event, Lilypad group will notify User of expected conditions and allow for rebooking with no penalties applied

If weather conditions change unexpectedly on the day while guest on board, Lilypad will liaise with User to ensure safety of those on board which may result in refund of booking. This must happen in winds over 25 knots

Flares/Safety beacons etc.

Flares, safety beacons etc. are located in the storage unit and are to be used in case of emergency. The devices must not be removed from vessel

There are penalties for the misuse of flares including the cost of labour, risk incurred or loss sustained as a result of misusing flares

An emergency beacon (EPERB) is a small electronic device that is only to be activated in an emergency to notify search and rescue

A fire extinguisher is located in store room and under the sink in the kitchen and is only to be used in case of emergency such as a fire

Emergency Procedures/Contacts

All Users will have a thorough safety induction prior to their Usership activation. This will include emergency procedures in case of emergency

Safety manual is located on board in galley draw left of sink and is not to be removed from Lilypad

Contacts – listed above and will be in mobile phone that is to stay on board vessel at all times

In case of fire – fire extinguisher and blanket located on board under kitchen sink and second located in storage unit

Operations Protocol

User’s responsibilities

Users are responsible for action of all guests on board and will incur fee for any damages

All liabilities lie with User – liable of guest safety and direction

For day time bookings – all guests other than Users will be inducted upon arrival

For overnight stays, Users would have been inducted at start of Usership. It is up to Users discretion to induct any guests that may visit at own discretion

Users are not permitted to move, relocate or handle any mooring lines – only to be done by Lilypad staff

Users are responsible for reporting lost or damaged items during their use/stay

Use of equipment/lights/power/ fuel

Users will be inducted

Lilypad is operated by solar power. No guests are to touch the power board or batteries in side the outdoor storage unit. If power is to stop, guests are required to notify Lilypad staff

Two stroke fuel is used to operate the private tender for Lilypad. A jerry will be available in the store room at all times. The vessel will be provided with full tank upon all bookings. In case fuel runs out on journey, paddles are available under the seat to row to shore. The tender under no circumstance is to pass an imaginary line between Barrenjoey lighthouse and West Head

The fireplace operates off bioethanol fuel and will be full upon commencement of booking. Additional fuel is located in storage unit outside and refuelling process will be included in induction

Use of furniture

All furniture to be used for its served purpose. Any damage or loss of items is responsibility of A User

Furniture can be removed from vessel for particular events if requested

Keys/ locks etc.

Users will be given access to Lilypad with key to front door.

All windows and doors to be locked when leaving vessel

If key is misplaced, notify Lilypad staff

State on arrival/departure.

Lilypad must be left in same condition as it is found

Rubbish can be left on board and will be handled by Lilypad cleaning staff. Users are required to take their personal belongings only when leaving vessel

Cleaning

Users must vacate Lilypad Palm Beach in a clean and tidy condition,

It is the responsibility of A User to ensure that all guests are aware of the correct operation of the toilet facility and no foreign objects or items of personal hygiene are disposed of in the toilet facility. A User will be charged for any additional costs incurred as a result of a blocked toilet/damage

Additional needs during event/overnight

Phone is on board – see notes above

If any needs overnight, please call concierge/Lilypad staff to make arrangement

For any additional requests such as dinner bookings, contact concierge

Rectification of Damage

A User must promptly report all damage to Lilypad Palm Beach (including all of its fixtures, fittings, furniture and furnishings) or the Personal Vessel (including its fixtures and fittings).

A User will be liable to reimburse LilyPad for the cost of all damage to Lilypad Palm Beach or the Personal Vessel where such damage arises other than in the ordinary course of use of such item.