1
|
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
|
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
|
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
|
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
|
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 therefore. 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
|
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
|
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
|
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
|
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
|
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
|
Day diving is based on a maximum of two dives per day per diver |
12
|
Day diving parties will not be permitted to use sleeping accommodation
spaces reserved for live aboard passengers. |
13
|
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
|
No person shall bring any illegal or banned substances aboard the vessel. |
15
|
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
|
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
|
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
|
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
|
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
|
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
|
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. |