1
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If
for any reason a booking has to be cancelled by the
Owner a full refund of any deposits paid will be made
to the Charterer in full and final settlement of any
claim the Charterer or member of his party may have
against the Owner. |
2
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The
payment for the charter of the vessel shall be the
amount shown in the charter agreement paid in two instalments,
the deposit to be sent with the completed and signed
charter agreement and the balance to be paid not later
than 30 days before the first day of the charter. In
default of payment as provided in this clause the Owner
shall be entitled to withdraw the vessel from service
of the Charterer without prejudice to any other right
or remedy he may have in respect of such non-payment. |
3
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Deposits
accepted cannot be refunded, and the full charter price
is payable unless a substitute Charterer for the same
dates can be found. If successful any monies paid will
be refunded less deductions for all expenses and allowances
for any reduction in the rate or time of the charter. |
4
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Provisional
bookings can be accepted by telephone and will normally
be held for 5 working days (but less if made within
two weeks of the commencement of the charter) |
5
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The
Charterer shall provide sufficient instructors and/or
other competent persons to supervise all diving activities
and the use of diving equipment and shall be fully
responsible therefor. The Owner /skipper and crew shall
not be responsible for any accident or injury caused
to any person or persons arising out of diving or the
use of diving equipment. |
6
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Diving
is normally restricted to a maximum depth of 40 metres.
Charter groups wishing to dive to a greater depth than
40 metres must disclose this at the time of booking. |
7
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All
day charters are based on the carriage of a maximum
of 12 passengers and the carriage of not more than
24 diving air cylinders and associated sport diving
equipment. |
8
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Where
the Charterer or any of the party wish to use either
Nitrox or Trimix diving gas and equipment the Owner
must be notified at the time of booking in order that
the weight and volume of the equipment can be assessed
in order to prevent vessel overload. |
9
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The
Owner/skipper reserves the right to insist on a reduced
number of persons and/or equipment carried when he
considers the weight and/or volume of equipment to
be loaded aboard the vessel exceeds that normally carried
for compressed air sport diving and/or constitutes
a safety hazard. |
10
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A
day diving trip will not normally be for more than
8 hours to begin at a time agreed between the Owner/skipper
and the Charterer or his deputy. |
11
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Day
diving is based on a maximum of two dives per day per
diver |
12
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Day
diving parties will not be permitted to use sleeping
accommodation spaces reserved for liveaboard passengers. |
13
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No
person shall bring hazardous or explosive substances
aboard the vessel. Divers personal flares, recall devices
and oxygen cylinders, etc., must be declared to the
Owner/skipper on embarkation and stored strictly in
accordance with his/her instructions. Under no circumstances
may pure Oxygen be decanted or mixed aboard the vessel. |
14
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No
person shall bring any illegal or banned substances
aboard the vessel. |
15
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Neither
party shall be liable if prevented from fulfilling
any of its obligations by an accident of force majeure
including an act of God, strike, lockout, act of Government
or any other occurrence beyond his control. |
16
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Carriage
thereunder is subject to the rules and limitations
relating to liability established by the Athens Convention,
as enacted in the Carriage of Passengers and their
luggage, by sea, Domestic Carriage (Order 1987) |
17
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The
Charterer shall not be entitled to assign the benefits
of this agreement to any third party without the prior
agreement of the Owner and shall remain liable notwithstanding
any assignment made by him. |
18
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No
action taken by the Owner, or failure to act, or time
allowed to the Charterer or any failure by the Owner
to insist upon and enforce its strict legal rights
shall constitute a waiver of any of the provisions
of the agreement which shall remain in full force and
effect. |
19
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The
Charterer undertakes to ensure that each member of
the Charter Party is aquatinted with and agrees to
the terms of this agreement and no claim of whatsoever
nature be brought against the Owner skipper or Crew
or any servant or agent of the Owner by the Charterer
or any other member of the Charter Party. |
20
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The
best possible dives are chosen depending on the prevailing
weather conditions and the experience of the divers.
In due to adverse weather conditions the dive is cancelled
by mutual consent then only the deposit will be non-refundable.
If the decision to cancel is that of the Charterer
no monies will be refunded. |
21
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In
the event of cancellation where diving over 40 metres
is planned (in accordance with condition 6 above) again
no refund will be made except at the discretion of
the Owner. |
|
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