Terms and Conditions
STACKATTACK FISHING CHARTERS LIMITED
TERMS AND CONDITIONS
Last updated: July 2026
These Terms and Conditions apply to all bookings made with StackAttack Fishing Charters Limited ("StackAttack", "we", "us" or "our").
By making a booking, paying a deposit, paying for a charter, or participating in a StackAttack charter, the person making the booking ("Charterer") confirms that they have read, understood and agreed to these Terms and Conditions.
The Charterer is responsible for ensuring that all passengers included in their booking are aware of and comply with these Terms and Conditions.
1. BOOKINGS AND CONTRACT
1.1 Booking Confirmation
A booking is confirmed once StackAttack has accepted the booking and received the required deposit.
Until the deposit has been received, dates may remain available to other customers.
1.2 Charter Services
StackAttack provides professional fishing charter services using vessels operated in accordance with applicable New Zealand maritime requirements and StackAttack's Maritime Transport Operator Plan (MTOP).
All charters are subject to weather, sea conditions, vessel availability, mechanical condition, operational requirements and the skipper's assessment of safety.
1.3 Skipper's Authority
The skipper has final authority over the vessel, passenger numbers, fishing locations, routes and all operational and safety decisions.
Safety always takes priority over fishing plans, customer preferences or scheduled charter activities.
2. PRICING
2.1 Charter Prices
All prices are stated in New Zealand Dollars (NZD).
The charter price applicable when your booking is confirmed will generally remain the agreed charter price, subject to any additional charges clearly disclosed under these Terms.
Additional charges may include:
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the Fuel Cost Adjustment;
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an approved fifth angler;
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additional charter time;
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additional services requested by the Charterer;
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significant variations to the agreed charter;
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additional fuel requirements outside normal charter operations; and
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applicable payment processing fees.
2.2 Fuel Cost Adjustment
StackAttack vessels consume a significant quantity of fuel during normal charter operations.
Fuel prices can change substantially due to international oil prices, supply disruptions, geopolitical events, shipping costs, exchange rates and other global market conditions outside StackAttack's control.
To ensure StackAttack can continue operating without permanently increasing charter prices to account for temporary fuel price spikes, a Fuel Cost Adjustment may apply when fuel exceeds the baseline price specified below.
The standard StackAttack charter price is based on fuel costing up to:
$3.00 NZD per litre
Where the applicable fuel price exceeds $3.00 per litre, the Charterer will be charged only the additional fuel cost above the $3.00 baseline, calculated against a standard fuel allowance of 150 litres per charter.
Fuel Cost Adjustment Formula
(Current Fuel Price per Litre − $3.00) × 150 litres
Example
If the applicable fuel price is:
$3.39 per litre
The calculation is:
$3.39 − $3.00 = $0.39 per litre
$0.39 × 150 litres = $58.50
The Fuel Cost Adjustment would therefore be:
$58.50
This amount is payable in addition to the listed charter price.
2.3 Fuel Adjustment Is Cost Recovery Only
The Fuel Cost Adjustment is intended to recover increases in StackAttack's direct operating fuel costs.
StackAttack does not apply a profit margin to the Fuel Cost Adjustment.
The adjustment operates on a sliding scale.
For example:
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Fuel at $3.00/L or below = no surcharge
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Fuel at $3.10/L = $15.00 surcharge
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Fuel at $3.20/L = $30.00 surcharge
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Fuel at $3.30/L = $45.00 surcharge
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Fuel at $3.39/L = $58.50 surcharge
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Fuel at $3.50/L = $75.00 surcharge
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Fuel at $4.00/L = $150.00 surcharge
If the applicable fuel price falls to $3.00 per litre or below, the Fuel Cost Adjustment automatically ceases to apply.
2.4 Determining the Applicable Fuel Price
The applicable fuel price will be the price reasonably payable by StackAttack for fuel used in its charter operations at or immediately before the scheduled charter.
Where a Fuel Cost Adjustment applies, StackAttack will advise the Charterer of the applicable amount before final payment is due.
The Fuel Cost Adjustment will be calculated transparently using the formula set out above.
2.5 Additional Fifth Angler
Standard charter pricing covers the number of anglers specified in the relevant charter package or booking.
A fifth angler may be added for an additional $250, subject to the skipper's discretion and prior approval.
A fifth angler is not automatically guaranteed.
The skipper may consider factors including:
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vessel capacity;
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passenger comfort;
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weather and sea conditions;
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fishing method;
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fishing location;
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equipment requirements;
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passenger experience;
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weight and loading considerations; and
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any other operational or safety consideration.
The additional fifth-angler charge is currently $250, but this price is subject to change.
The applicable charge will be confirmed with the Charterer before the fifth angler is added to the booking.
Payment of the additional fee does not override the skipper's authority regarding passenger numbers, vessel operation or safety.
StackAttack may decline a request for a fifth angler where the skipper considers that carrying the additional person would be inappropriate, impractical or unsafe for the particular charter.
Any applicable Fuel Cost Adjustment remains separate from the fifth-angler charge.
2.6 Changes to Charter Requirements
Additional charges may apply where the Charterer requests services outside the original booking.
This may include:
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additional passengers;
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extended charter hours;
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significant route changes;
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additional fishing locations;
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specialist equipment;
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additional fuel usage; or
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other agreed variations.
Where reasonably practicable, any additional cost will be advised and agreed before the additional service is provided.
3. DEPOSITS AND PAYMENT
3.1 Deposit
A deposit, normally 25% of the total charter price, is required to secure a booking unless otherwise agreed by StackAttack.
A booking is not secured until the required deposit has been received.
3.2 Final Payment
Unless otherwise agreed, the outstanding balance is due by the night before departure.
All amounts owing must be paid before the vessel leaves the harbour.
If full payment has not been received, StackAttack may refuse departure and treat the booking as a client cancellation.
3.3 Payment Methods
Payment may be made by:
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Credit card using the secure payment link provided by StackAttack;
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Bank transfer; or
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Cash, where agreed.
3.4 Credit Card Processing Fee
A 3.7% credit card processing fee applies to payments made by credit card.
Alternative payment methods that do not attract the credit card processing fee are available.
4. CANCELLATIONS, WEATHER AND CHANGES
4.1 Client Cancellations
If the Charterer cancels within 14 days of the scheduled departure date, the deposit will be forfeited.
Customers should notify StackAttack of a cancellation as soon as reasonably possible.
Any refund, credit or transfer outside these Terms is at StackAttack's discretion unless otherwise required by New Zealand law.
4.2 Weather and Sea Conditions
Fishing charters are inherently weather-dependent activities.
The final decision on whether a charter can safely proceed rests with the StackAttack skipper.
The skipper may consider:
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wind strength and direction;
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swell height and direction;
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sea conditions;
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visibility;
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tides;
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weather forecasts and warnings;
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vessel condition;
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passenger safety;
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harbour conditions;
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maritime restrictions; and
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any other factor reasonably relevant to safe vessel operation.
The skipper's decision regarding whether it is safe to depart, continue fishing, relocate or return to harbour is final.
If a customer chooses not to participate when StackAttack has determined that the charter can safely proceed, this will generally be treated as a client cancellation.
4.3 Cancellation by StackAttack
StackAttack may cancel or reschedule a charter because of:
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unsafe weather;
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unsafe sea conditions;
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mechanical problems;
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vessel availability;
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operational issues;
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skipper or crew illness;
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maritime restrictions;
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government requirements;
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emergencies; or
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other circumstances making the charter unsafe or impracticable.
Where StackAttack cancels the charter before departure and an alternative date cannot reasonably be agreed, amounts paid for the cancelled charter will be refunded as required by these Terms and applicable New Zealand law.
4.4 Early Return or Charter Modification
Once a charter has commenced, the skipper may alter the route, fishing location, fishing method, duration or planned activities where reasonably necessary because of weather, sea conditions, safety, mechanical issues or other operational circumstances.
Where a charter must be substantially shortened for reasons within StackAttack's control, StackAttack may provide an appropriate partial refund, credit or alternative arrangement depending on the circumstances.
No refund will normally be provided where a charter is shortened because of:
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passenger illness or seasickness;
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passenger misconduct;
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intoxication;
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failure to follow safety instructions;
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a passenger's request to return early; or
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circumstances attributable to the Charterer or their group.
Nothing in this clause limits any rights that cannot legally be excluded.
5. SAFETY AND CONDUCT
5.1 Compliance With Crew Instructions
All passengers must comply with reasonable instructions given by the skipper or crew.
Instructions may relate to:
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vessel safety;
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seating;
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movement around the vessel;
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fishing equipment;
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handling fish;
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weather conditions;
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lifejackets and safety equipment;
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alcohol consumption; and
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emergency procedures.
Failure to comply with reasonable safety instructions may result in the passenger being prevented from participating or the charter being terminated.
5.2 Unsafe or Disruptive Behaviour
StackAttack may refuse boarding or terminate a passenger's participation where their behaviour creates a safety risk or materially interferes with the operation or enjoyment of the charter.
This includes:
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aggressive or threatening behaviour;
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dangerous conduct;
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refusing safety instructions;
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excessive intoxication;
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interference with vessel equipment;
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deliberate damage;
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harassment of crew or passengers; or
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illegal activity.
Where a charter is terminated because of serious passenger misconduct, no refund will normally be provided unless required by law.
5.3 Alcohol and Drugs
Responsible alcohol consumption may be permitted where approved by the skipper.
Passengers must not become intoxicated to a level that creates a safety risk or interferes with the operation of the charter.
Illegal drugs are prohibited onboard.
The skipper may refuse boarding to any person who appears materially impaired by alcohol or drugs.
6. HEALTH AND FITNESS
Passengers are responsible for considering whether they are physically capable of participating in a marine fishing charter.
Passengers should advise StackAttack before departure of any medical condition, disability, mobility limitation, allergy or other issue that may reasonably affect their safety onboard or require assistance from the crew.
Passengers who are susceptible to seasickness should take appropriate precautions before departure.
Passengers are responsible for bringing any personal medication they may reasonably require.
7. FISHING, CATCH AND EQUIPMENT
7.1 Fishing Equipment
Fishing equipment supplied by StackAttack must be used responsibly and in accordance with crew instructions.
Customers may be required to pay the reasonable repair or replacement cost of equipment that is deliberately damaged, lost, or damaged through negligent or reckless conduct.
Normal wear and tear is excluded.
7.2 Fishing Regulations
All fishing activities are subject to applicable New Zealand fisheries laws, regulations, size restrictions and catch limits.
Legal catch limits represent maximum legal limits and are not guaranteed customer entitlements.
StackAttack may impose more conservative catch limits where reasonably necessary to support sustainable fishing practices.
7.3 Sustainable Fishing
StackAttack supports responsible and sustainable fishing.
Catch limits may therefore be more restrictive than the maximum limits permitted by law.
Where StackAttack imposes a charter-specific catch limit, passengers must comply with that limit.
7.4 Catch Is Not Guaranteed
Fishing is affected by:
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weather;
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tides;
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currents;
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water temperature;
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fish behaviour;
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seasonal conditions; and
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other natural factors outside StackAttack's control.
StackAttack cannot guarantee that any particular species, quantity or size of fish will be caught.
The charter fee is for the provision of the charter service and is not conditional on catching fish.
8. PHOTOGRAPHY, VIDEO AND MEDIA
8.1 StackAttack Content
Photographs and video may be captured during charters for operational, promotional, social media and marketing purposes.
Content created by StackAttack, its crew or persons acting on its behalf remains the property of StackAttack or the relevant content creator.
8.2 Promotional Use
Photographs or video captured during a charter may be used by StackAttack on its website, social media channels and promotional material.
Passengers who do not wish to appear in promotional material should advise StackAttack or the crew.
Where reasonably practicable, StackAttack will respect requests not to use identifiable images of that passenger for promotional purposes.
8.3 Customer Photography and Video
Customers may take photographs and video for personal and non-commercial purposes provided this does not:
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interfere with safe vessel operation;
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interfere with the crew;
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create a safety risk;
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unreasonably interfere with another passenger's privacy; or
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breach a reasonable instruction from the skipper.
Commercial filming, organised promotional content or commercial use of imagery captured aboard a StackAttack vessel requires prior written approval.
9. PERSONAL PROPERTY
Passengers remain responsible for their personal belongings while onboard.
Marine environments involve water, salt, spray, movement and changing weather conditions.
Passengers should appropriately protect:
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mobile phones;
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cameras;
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electronic equipment;
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clothing;
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bags;
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fishing equipment; and
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other personal belongings.
StackAttack will take reasonable care but will not be responsible for loss or damage where StackAttack has exercised reasonable care and liability may lawfully be excluded.
10. PRIVACY
StackAttack may collect personal information reasonably necessary to:
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manage bookings;
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process payments;
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communicate with customers;
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operate charters safely;
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respond to enquiries;
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maintain business records;
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manage emergencies; and
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comply with legal or regulatory obligations.
Personal information will be handled in accordance with applicable New Zealand privacy law.
StackAttack will not sell customer personal information.
Information may be provided to payment processors, booking providers, professional advisers, emergency services or other service providers where reasonably necessary to operate the booking or business, or where disclosure is authorised or required by law.
11. LIABILITY
StackAttack will provide its charter services with reasonable care and skill and in accordance with applicable New Zealand law.
Fishing and boating involve inherent risks associated with being at sea, including vessel movement, weather, waves, slippery surfaces, fishing equipment and changing marine conditions.
Passengers must follow crew instructions and take reasonable care for their own safety and the safety of others.
To the maximum extent permitted by law, StackAttack will not be liable for indirect or consequential losses arising from circumstances outside its reasonable control.
Nothing in these Terms excludes, restricts or modifies any right, guarantee or remedy that cannot lawfully be excluded, including applicable rights under the Consumer Guarantees Act 1993 and Fair Trading Act 1986.
12. EVENTS OUTSIDE STACKATTACK'S CONTROL
StackAttack will not be responsible for a failure or delay in providing a charter where performance is prevented or materially affected by circumstances reasonably outside its control.
These circumstances may include:
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severe or unsafe weather;
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dangerous sea conditions;
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natural disasters;
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harbour closures;
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maritime warnings or restrictions;
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mechanical failures that could not reasonably have been prevented;
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fuel shortages;
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fuel supply disruptions;
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significant global fuel market disruption;
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emergency situations;
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government restrictions;
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serious illness or injury;
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infrastructure failures; or
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other events making operation unsafe or impracticable.
Where such an event results in cancellation, StackAttack will work with the Charterer to reschedule the charter or provide any refund or other remedy required under these Terms or applicable New Zealand law.
13. COMPLAINTS AND DISPUTES
If a customer has a concern regarding their booking or charter, they should contact StackAttack as soon as reasonably possible.
StackAttack and the customer will first attempt to resolve the matter directly and in good faith.
If the matter cannot be resolved directly, either party may pursue any dispute resolution process or legal remedy available under New Zealand law.
Nothing in these Terms prevents a customer from exercising any rights or remedies available through the Disputes Tribunal, New Zealand courts, regulators or applicable consumer protection legislation.
14. CHANGES TO THESE TERMS
StackAttack may update these Terms and Conditions from time to time.
Unless required by law or agreed with the Charterer, changes made after a booking has been confirmed will not retrospectively materially alter the fundamental terms of that booking.
Where a fee is expressly stated in these Terms as being subject to change, including the additional fifth-angler charge, the applicable amount will be disclosed to and agreed with the Charterer before that optional service is added to the booking.
The Fuel Cost Adjustment may vary in accordance with the formula in clause 2 because it is directly linked to the applicable fuel price.
15. GOVERNING LAW
These Terms and all StackAttack bookings are governed by the laws of New Zealand.
Nothing in these Terms limits any rights or remedies available under applicable New Zealand consumer protection legislation.
16. MARITIME TRANSPORT OPERATOR PLAN (MTOP)
StackAttack operates under applicable New Zealand maritime requirements and its Maritime Transport Operator Plan.
StackAttack's MTOP documentation is available at:
17. CONTACT INFORMATION
StackAttack Fishing Charters Limited
Website: www.stackattack.co.nz
Email: info@stackattack.co.nz
Phone: +64 27 635 4975
FUEL COST ADJUSTMENT – QUICK REFERENCE
The standard charter price assumes fuel costs of up to $3.00 per litre.
When fuel exceeds $3.00/L:
Fuel surcharge = (Current Fuel Price − $3.00) × 150 litres
Example
Fuel price: $3.39/L
Difference above baseline: $0.39/L
Standard charter fuel allowance: **