By booking a charter on this website or through a third party appointed by the Owner of the vessel, the Charterer agrees to the following terms and conditions.
Payment
The Charterer shall make a non-refundable deposit payment of 50% of the cost of the charter upon booking. In the event of cancellation, the Owner reserves the right to forfeit the deposit payment.
The cost of the charter must be paid in full no later than 14 days prior to the commencement of the charter. In the event of a failure to pay for the charter as stipulated, the Owner reserves the right to cancel the booking and forfeit the deposit.
All payments must be made to the Owner on this website or through a third party appointed by the Owner.
Insurance
The Owner shall keep the vessel insured against fire, damage, marine collision, risks and hazards of the voyage, including engine, hull and vessel equipment, for any and all casualty and loss or damage that may occur to or be suffered by the vessel or its crew for the full term of the charter.
Permitted Area
The Charterer shall not operate the vessel unless, at their sole discretion, otherwise allowed by the captain of the vessel appointed by the Owner. The Charterer shall not operate the vessel outside the area in which it is legally permitted to cruise. The Owner shall ensure the vessel complies with the law and regulations of the permitted area.
The Wellbeing of the Charterer’s Party
The nature of the charter may render it unsuitable for a person with a physical disability or undergoing medical treatment to board the vessel. The Charterer warrants the health and medical fitness of all members of their party for the voyage throughout the entire duration of the charter.
The Charterer and their party shall be responsible for making all arrangement for obtaining necessary permits or visas for the countries and territories to be visited as reasonably practicable before the commencement of the charter.
Young children under the age of 12 years require close adult supervision at all times. The Charterer shall be responsible for the conduct and safety of young children in their party.
Statement of Risks and Exclusion of Liability
The nature of the charter involves travel to remote areas where access to medical assistance may be limited or unreachable. The charter service provided does not include medical facilities or medical professions aboard the vessel. Skin diving, snorkelling, freediving, scuba diving, water skiing, jet skiing, windsurfing, kayaking and other similar water activities and sports have inherent risks.
The Charterer and all members of their party shall take necessary precaution from harm and danger, and shall follow all safety instructions given by the captain and/or the crew members. The Charterer and every member of their party shall maintain their own personal insurance sufficient to cover the above risks. The Owner shall not be held responsible for any injury and damage or loss of property suffered by the Charterer or any member of their party throughout the entire duration of the charter.
The Owner and their insurance underwriters accept no responsibility for accidents, injuries or death due to any water activities and sports.
Failure to Deliver
In the event of force majeure and the Owner fails to deliver the vessel within 48 hours of the commencement of the charter, the Charterer shall be entitled to treat these terms and conditions as terminated. Alternatively, the parties may mutually agree to a partial payment refund or charter extension on a pro-rata basis.
If the Owner fails to deliver the vessel at the commencement of the charter for any reasons other than force majeure, the Charterer shall be entitled to treat these terms and conditions as repudiated by the Owner. The Charterer shall be entitled to a full payment refund without interest.
Cancellation by the Owner
If prior to the commencement of the Charter, the Owner tenders notice of cancellation to the Charterer, the Charterer shall be entitled to a full payment refund without interest.
Return Delay by the Charter
If the Charterer fails to return the vessel to the owner due to intentional delay or change of itinerary against the captain’s advice, the Charterer shall pay to the Owner demurrage at a full-day rate. The Charter shall indemnify the Owner for any loss or damage which the Owner may suffer because of deprivation of use of the vessel or cancellation of, delay in delivery or return under any subsequent charter of the vessel.
Cancellation by the Charterer
In the event of cancellation, the Owner shall retain any deposit payment made upon booking. Should the Charterer give notice of cancellation less than 7 days prior to the commencement of the Charter, the Charterer shall remain liable for all payments due to the Owner prior to and unpaid at the date of cancellation.
Breakdown or disablement
If at any time of the charter, the vessel is disabled by a breakdown of machinery, grounding, collision or other causes that prevent reasonable use of the vessel by the Charterer, the Owner shall make a pro-rata refund for the period of disablement.
Use of the Vessel
The Charterer shall comply and shall ensure that all members of their party comply with the laws and regulations of any country into whose waters the vessel shall enter throughout the charter period.
If the Charterer or any member of their party commit any offence contrary to the laws and regulations of any country which results in any member of the crew of the vessel being detained, fined or imprisoned, or the vessel being detained, arrested, seized or fined, the Charterer shall indemnify the Owner against all loss, damage and expense incurred by the Owner as a result. The Charterer shall be held responsible for any loss or material damage caused by their negligent acts onboard.
The possession or use of any illegal or unlawful drugs or weapons is strictly prohibited on board the vessel and failure to comply shall be sufficient reason for the Owner to terminate the Charter forthwith without refund or recourse.
Complaints
The Charterer shall give notice of any complaint in the first instance to the captain of the vessel and note shall be taken of the time, date and nature of the complaint and communicated to the Owner to do their utmost to rectify the problem.
Third-party Brokers
Third-party brokers or their agents shall have no responsibility for any loss, damage or injury to the person or property of the Owner or the Charter or members of their Party.
For the purposes of this Clause, the terms Owner and Charterer shall be understood to mean the named company or individual, or any company owned or controlled by them including companies owned indirectly or via trustees, any director of such a company, beneficial owner, nominee, or agent.
Gratuities
No service charge has been applied to any of the pricing listed herein. Tips/gratuities are at the discretion of the Charterer and their party.
Captain’s Discretion
Itinerary may be subject to changes due to sea and weather conditions or other circumstances. The final decision regarding the itinerary lies with the captain appointed by the owner. In the interest of safety, the captain’s opinions and decisions shall be considered final and indisputable.