Terms and Conditions
Island Cruising & Down Under Rally Terms & Conditions
This Terms and Conditions document states the requirements that all vessels and skippers must meet and agree to enter a rally.
The principal is Island Cruising Aotearoa Ltd a New Zealand registered company Trading as Island Cruising NZ (ICNZ) and Down Under Rally (DUR).
The Maritime Transport Act 1994 states that the master of the vessel or skipper is at all times responsible for the safety of the vessel, the safety of those on board, discipline on board and for complying with all maritime rules, regulations and bylaws. It is the sole and exclusive responsibility of the skipper of each vessel to decide whether or not to start or continue the voyage.
1. Definition of Rally
The definition of a “Rally” for this document is; ‘A place where participating vessels will rally or muster for the purpose of planned events’. Island Cruising & Down Under Rally helps rally participants to prepare for an offshore or long coastal voyage and facilitate events at the planned rally points. The Rally is a social gathering of like-minded sailors. How and when a skipper chooses to proceed from one rally point to another rally point is entirely the skippers’ responsibility. ICNZ & DUR Rallies are not a competition or race.
2. Entries
All ICNZ & DUR rallies are open to mono and multi hulled, sailing or motor vessels with a recommended minimum LoD of 10m (33 ft). The maximum LoD is 25m (82 ft). All measurements are based on the length on deck and do not include bowsprits, pulpits, self-steering gears or externally hung rudders. At the discretion of the organisers, vessels that do not fit the above description may join ICNZ & DUR rallies if it is considered that their participation would contribute to the objectives of the event or that it would be beneficial for practical considerations.
3. Fees
The full rally fee must be paid prior to departure to participate in any events or activities. Where a deposit is taken for any event it can be transferred to a later date or in special circumstances refunded in part or in full, at the organisers’ discretion and deductions may cover any incurred costs.
4. Responsibility
4.1 The safety of a vessel and her crew is the sole and inescapable responsibility of the skipper who must do their best to ensure that the vessel is fully found, thoroughly seaworthy and manned by an experienced crew who are physically fit to face bad weather. The skipper must be satisfied as to the soundness of hull, spars, rigging, sails and all equipment. The skipper must ensure that all safety equipment is properly maintained and stowed and that the crew know where it is kept and be trained in its use.
4.2 The Maritime Transport Act 1994 states that it is an offence to operate, maintain or carry out any act involving any vessel or maritime product that creates an unnecessary risk or danger to persons or property.
4.3 The skipper is responsible for ensuring all paperwork and formalities are completed with the relevant local authorities. ICNZ & DUR aims to provide up to date and relevant information to all rally participants, however government regulations can change at any time, and we will do our best to keep you informed.
4.4 ICNZ & DUR accepts no liability for any injury, death, loss or damage sustained as a result of participating in our rallies, events or workshops.
5. Safety
The safety of a vessel and her crew is the sole and inescapable responsibility of the skipper who must do their best to ensure that the vessel is fully found, thoroughly seaworthy and manned by an experienced crew who are physically fit to face bad weather. The skipper must be satisfied as to the soundness of hull, spars, rigging, sails and all equipment. The skipper must ensure that all safety equipment is properly maintained and stowed and that the crew know where it is kept and be trained in its use. New Zealand registered vessels going offshore must meet the Category 1 Safety Regulations. International vessels are under no legal obligation to meet this standard, however ICNZ & DUR strongly encourages all rally participants to understand and aim to meet the Cat 1 Standard.
We also recommend that:
5.1 Vessels are well-found, fitted with permanent accommodation, navigation station, galley and toilet facilities.
5.2 For coastal passages we recommend vessels aim to meet the Category 2 Safety Regulations.
5.3 Skippers comply with relevant local regional Navigation & Safety Bylaws, and international COLREGS.
5.4 ICNZ & DUR reserves the right to inspect any vessels and cancel the participants rally entry if the vessel is deemed to be unsafe or unsuitable for the passage.
5.5 These safety requirements do not override or exclude any specific safety requirement stipulated by the authorities of the vessel’s country of registry.
6. Communications
6.1 ICNZ & DUR recommends that all participating vessels to be equipped with a class B AIS transponder. A transponder is capable of sending and receiving AIS transmissions.
6.2 ICNZ & DUR recommends that all participating vessels have capability to send and receive offshore e-mail. Examples include IridiumGo, IridiumExec, or Starlink satellite communications and SSB Radio with appropriate modem. Text only as a method of communication offshore does not comply. We also recommend a secondary means of communication such as a satellite phone.
6.3 We recommend all vessels register their float plan with Passage Guardian for any overnight passage.
7. Insurance
ICNZ & DUR recommends that all vessels carry a minimum of third-party insurance cover for the duration of the event. Many marinas require vessels to carry liability insurance.
8. Crew
8.1 We recommend that all rally participants including crew are current members of ICNZ and participate in our preparation workshops.
8.2 The skipper should do their own due diligence on crew members to ensure they are compatible and capable for the voyage ahead.
8.3 It is the sole responsibility of each crew member to decide whether the boat they're planning to sail on and her skipper are both suitable for the event.
8.4 Crew members and skippers are responsible for ensuring they have a valid passport and meet all the required entry requirements for the countries they are visiting.
8.5 All sailors participating in the rally should be physically fit and know of no medical or health reasons that they should not participate in the rally or any of the related activities.
8.6 Skippers are responsible for their crew until they have been signed off from their crew list.
9. Training
Everyone on board the vessel should have the necessary skills, training and ability to handle their vessel. All crew members should have an understanding of the COLREGS, navigation, watch keeping, passage planning and boat handling. ICNZ & DUR provides comprehensive pre-departure training and resources to help skippers prepare their crew, their vessel and themselves for the adventures ahead, and we highly recommend you engage in this content.
9.1 We recommend that the Skipper and Crew prepare a Sailing CV documenting their qualifications and sailing experience.
9.2 We recommend that Skipper and all Crew complete an Advanced Sea Survival Course.
9.3 We recommend that the Skipper and Crew should have a VHF Operators Certificate.
9.4 We recommend that the Skipper and Crew complete an Offshore Marine Medic course.
9.5 Skippers and crew should do a safety briefing and practice emergency drills on their vessels prior to any voyage.
10. Code of Conduct
We take pride in the reputation of ICNZ, DUR, and the sailors who follow in our wakes. We aim to build strong positive relationships with the people we meet along the way. Please refer to our Tiaki Promise for our core Values.
10.1 Rally participants must obey all local laws & regulations of the countries we visit.
10.2 Rally participants are expected to be respectful of the culture and customs of the people we visit.
10.3 Rally participants will take care with the correct disposal of rubbish from their vessels.
10.4 Vessels will be fitted with suitable holding tanks and either have them pumped out or discharged well clear of any anchorages and fishing grounds.
10.5 Rally participants will be expected to comply with local fishing rules.
10.6 Participants who do not comply with the code of conduct, or cause issues with the locals or fellow rally participants will be given the opportunity to improve their conduct or will be ejected from the rally and no refund will be given.
11. Information & Publicity
11.1 I hereby grant permission to ICNZ & DUR to release details of the progress of our vessel during the Rally relating to the progress of the vessel on the PredictWind Rally Tracker.
11.2 I grant permission for ICNZ & DUR to share details of the vessel position, communications with Island Cruising and the welfare of the vessel’s crew to the Rescue Coordination Centre NZ, Maritime NZ, our rally meteorologist, Passage Guardian and any other authorities as required.
11.3 I also hereby grant permission to ICNZ, DUR and its affiliates to use any photograph or video footage of me or my vessel while involved in the Rally or any of the Related Activities for any purpose they might deem appropriate, including distribution in sailing publications, on our Facebook and Instagram page and other media outlets.
11.4 If you prefer not to be featured on our rally tracker or in any photographs used in our social media please let us know.
12. Indemnification
Skippers, vessels and crew who participate in any rally do so entirely at their own risk. ICNZ & DUR does not accept any liability for material damage, personal injury or death sustained or in conjunction with or prior to, during or after the event. By entering the rally you agree to indemnify and hold ICNZ, DUR and the affiliated parties harmless from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including legal fees, brought as a result of your involvement in the Rally or any of the related activities.
13. Governing Law
I hereby agree that this Agreement, and its interpretation and enforcement, shall be governed by the laws of New Zealand, I agree that any action regarding the enforcement or interpretation of this Agreement must be brought in the courts of New Zealand.
14. Declaration
By completing the rally entry form online skippers agree to be bound by these safety regulations, rally entry conditions and to indemnify Island Cruising Aotearoa Ltd, ICNZ & DUR, its staff, organisers, sponsors and all associated organisations and yacht clubs from any responsibility in regard to myself, my crew and vessel during the course of this event. I further agree to not bring Island Cruising, ICNZ, DUR or the organizers, their sponsors, associated clubs or officials into disrepute by actions and behaviour contra to the laws of the countries to be visited. For the purposes of litigation the statutory authority is New Zealand.
These requirements may change at any time by additional requirements stipulated by the Marine Transport Act. and/or the NZ Maritime Safety Authority or ICNZ. I hereby state that I have read this document and accordingly accept total responsibility for the safety of my vessel and crew and for all matters concerning my vessel and crew whilst participating in a rally. I declare that to the best of my knowledge the information given on the entry form is correct.
