Sunsail Booking Conditions 2006
These Booking Conditions apply to any booking that you make with us and should therefore be read carefully. They contain some exclusions and limitations of liability. If any part of these Booking Conditions is found to be invalid or unenforceable, then the remainder of these Booking Conditions will not be affected and will remain valid and enforceable.1. Yacht Charter Reservation
This confirmation automatically initiates the terms below which are published in our rate sheet and on our website. Your Contract is with Sunsail Inc. By signing this document it means you have read and accepted these booking conditions. The party leader, hereinafter referred to as the “Charterer ”, will be responsible for the full cost of the vacation including any insurance premiums, cancellation or amendment charges. A contract exists as soon as Sunsail Inc. issues your invoice. You should check the details of your invoice carefully to ensure that it accurately reflects the booking and costing you have requested and immediately inform us of any discrepancies. Sunsail Inc. may delegate the performance of any part of this agreement to its affiliates, employees, officers, directors, and agents who, hereinafter, shall be referred to collectively as “Sunsail Group”.
2. Payment Terms
25% of charter fee is due upon booking. The outstanding balance is due 60 days prior to departure. A 1.5% late fee will be applied to all balances not paid by due date.
3. Cancellation Terms
90 days or more prior to departure: $300 penalty or reschedule the charter dates and pay an administration fee. 89 – 61 days prior to departure: loss of 25% deposit or reschedule the charter dates with a $500 penalty. Less than 60 days prior to departure: no refund and 100% of vacation balance due. If any scheduled payment by Charterer has not been received by the payment due date, Sunsail Group reserves the right to cancel a charter retaining all deposits and fees paid to date. All changes to bookings (date or type of boat) after confirmation will be subject to a $30 administration fee.
4. Delivery
Sunsail Group will deliver the Yacht to the start port on the specified start date in full commission and ready for service. Should the specified Yacht not be available, Sunsail Group reserves the right to substitute a similar Yacht of equal or greater length. The Charterer must examine the Yacht prior to departure to determine whether the vessel and dinghy are in good working order, are properly outfitted with all standard safety equipment, accessories, and utensils, as well as a y other requested items (Inventory). Acceptance by the Charterer certifies that the obligations of Sunsail Group for delivery have been fulfilled. If Sunsail Group is unable to deliver the Yacht or a substitute within 24 hours of the delivery time specified, the Charterer may cancel this agreement and the total charter fee will be refunded. Sunsail Group may allow credit pro rata of charter fees covering periods of delay in delivery. Should the Charterer not be present or not ready to accept delivery of the Yacht for whatever reason at the specified time and place, Sunsail Group reserves the right to reset the time of delivery within a 24 hour period thereafter.
Accidental Damage, Death And Injury
5. Accidental Damage, Death and Injury
Sunsail Group strictly prohibits the use or consumption of illegal drugs on its Yachts or at its facilities. The consumption of alcohol or drugs may increase the risk of injury around water and boats and the Charterer and their passengers accept that risk. Sunsail Group shall be held harmless from any and all claims or liability for property damage, personal injury or death arising from or related to, directly or indirectly, the use or consumption of alcohol or drugs, even if the property damage, personal injury or death is caused in whole or in part by the negligence of Sunsail Group. This shall in no way limit or diminish Sunsail Group’s accountability for its negligence where the property damage, personal injury or death does not arise from or relate to, directly or indirectly, the use or consumption of alcohol or drugs.
6. Skin Diving And Swimming
Sunsail Group, the Yacht owner and the insurance underwriters shall not be held liable for accidents, injuries or death due to swimming, windsurfing, kayaking or the use of snorkels, masks or allied equipment such as scuba equipment and sailboards.
7. Running Expenses
The Charterer agrees to pay any additional running expenses during the term of the charter which have not been prepaid as part of the charter package. Such additional running expenses may include, but are not limited to, food and other consumable stores, fuel, pilotage, mooring and dockage fees, port charges, cruising taxes and park permits, customs and provisions, and supplies for the Charterer and their party.
8. Insurance
The Yacht is covered by a standard marine Yacht policy insuring against; (1) direct physical loss to the vessel, subject to specified deductibles, and (2) bodily injury and property damage, subject to certain conditions and limits. The Yacht Damage Waiver (YDW) protects Charterer and crew for loss or damage to the Yacht and its equipment less the specified deductible ($500). However, Charterer and crew remain responsible for loss or damage from negligent or willful misuse of the Yacht, such as by sailing outside the defined cruising area or sailing hours, groundings, operating the Yacht under the influence of alcohol or drugs, or failing to adhere to the Sunsail Group briefing or onboard instructions. The Charterer specifically acknowledges for himself/herself and crew that the Sunsail Group base has the right to insist the skipper or any other crew member involved take a drug/alcohol test administered by the police or a doctor after any incident involving the Yacht or it’s auxiliary equipment. The Charterer must pay a Security Deposit before departure as a deductible against loss or damage to the Yacht, the dinghy and all equipment or other Inventory. The deductible shall apply per occurrence of damage or loss. Sunsail Group may apply the balance of the Security Deposit toward any unpaid charges for late return, special services or the like. The Security Deposit is not the maximum liability of the Charterer. In the event of incident or damage, the Charterer must take all reasonable steps to minimize further loss; must report the incident immediately to Sunsail Group; and must promptly report to the local Authorities any damage or loss to people or other property. Failure to comply with these terms may void the insurance coverage and YDW. Racing is not permitted except as part of an informal Sunsail flotilla race. Any other racing must be pre-booked and specific conditions will apply.
9. Redelivery
The Charterer shall surrender the Yacht at the expiration of the charter at the release port specified, free and clear of any indebtedness and liens whatsoever, and in condition and clean state as when delivered (fair wear and tear from ordinary use excepted), and having properly cleared customs. The Charterer is responsible for allowing sufficient time for unforeseen contingencies to permit the return of the Yacht at the stated time. Should the Charterer not make redelivery of the Yacht at the time and place herein before stipulated for any cause, other than that occasioned by an occurrence beyond the Charterer ’s control, the Charterer shall pay a charter fee pro rata for the time that such delivery is delayed plus any losses that Sunsail Group or the Yacht owner may sustain due to the delayed delivery. The Charterer shall surrender the vessel ’s equipment in as good a condition as delivered, fair wear and tear excepted. If the Yacht requires u usual cleaning, Sunsail Group may charge the Charterer accordingly.
10. Restricted Use
The Yacht shall be employed exclusively as a pleasure vessel for the sole and proper use of the Charterer, his or her family, guests, employees and agents, during the term of this charter and shall not transport merchandise or carry passengers for pay or engage in any trade, nor in any way violate the laws of the United States or of a y other government within the jurisdiction of which the Yacht may be at the time and shall comply with the law in all other respects. The Charterer agrees to restrict the use of the Yacht to the “cruising area” defined in the base information sheet provided to him/her. Rafting to another vessel at anchor is strictly prohibited. Night sailing (between 30 minutes before sunset and 30 minutes after sunrise) by the Charterer is not permitted.
11. Non Assignment
The Charterer shall not assign this agreement or sub-charter the Yacht without the prior written consent of Sunsail Group. Sunsail Group may assign its rights to payments under the charter.
12. Competency
The Charterer certifies that he/she is experienced and competent in the handling and operation of inboard auxiliary powered sailing craft of the general type and size as the Yacht herein chartered and that the Charterer has also had a sufficient practical knowledge of seamanship, piloting and Rules of the Road. The Charterer shall not delegate any of these duties to any person not equally qualified. The Charterer agrees not to sail the Yacht single-handed and to ensure at all times a competent skipper and leading crew member are aboard except while safely moored. Sunsail Group may in its sole discretion verify the Charterer’s or leading crew’s competency at the time of the charter. Should the Charterer or leading crew be deemed less than fully competent by Sunsail Group in it’s sole discretion, Sunsail Group may provide for the Charterer, at the Charterer’s expense, a hired hand to assist the Charterer in achieving competency. Should a hired hand be unavailable, Sunsail Group may restrict the Charterer’s use of the Yacht to the charter party’s occupancy of the Yacht at Sunsail’s dock until a suitable hired hand has become available. The Charterer acknowledges that Sunsail Group does not independently investigate the competency of any Charterer to sail, but relies solely and exclusively on the resumes provided. The Charterer further acknowledges that Sunsail Group in it’s sole discretion may refuse to release a Yacht for sailing but this exercise of discretion shall in no way be construed as an acknowledgment or determination of the competency for sailing of the Charterer’s crew or the assumption of any liability for loss or damages incurred as a result of sailing, for which the Charterer assumes sole responsibility. shall not assign this agreement or sub-charter the Yacht without the prior written consent of Sunsail Group. Sunsail Group may assign its rights to payments under the charter.
13. Termination Of Vacation And Indemnity
The Charterer accepts responsibility for the proper conduct of themselves and their crew. Sunsail Group reserves the right in our absolute discretion to terminate, without further notice, the vacation arrangements for any Charterer who refuses to comply with the instructions or orders of Sunsail Group and whose behavior or competence in Sunsail Group’s opinion is likely to cause distress, damage, danger or annoyance to their crew, other customers, staff, any third party or to the property. Upon such termination Sunsail Group’s responsibility for the Charter’s vacation ceases and shall not be liable for any costs incurred by the Charterer.
14. Crew
Sunsail Group shall provide a competent skipper/guide for the Charterer, if so requested in advance. Although the Charterer shall exercise control over the Yacht, the Charterer shall depend upon the skipper/guide for the safe navigation of the Yacht and shall abide by the judgments of the skipper/guide as to sailing, weather, anchorages and pertinent matters. The Charterer shall not have the authority to discharge the skipper/guide without prior consent from Sunsail Group.
15. Miscellaneous
It is understood that Sunsail Group is acting for and on behalf of the owner of the Yacht. Neither Sunsail Group nor the owner will be liable to any person for any loss, damage, injury, or death that results from the Charterer's use of the Yacht. Sunsail Group makes no representations other than those contained in this Contract, the current Sunsail brochure, rate sheet and any written materials provided as part of the booking procedures. Sunsail Group will not be responsible for any fees, expenses, airline tickets, hotel rooms, food, phone calls, or other expenses incurred by the Charterer for any reason whatsoever. The Charterer will indemnify and hold Sunsail Group and the owner of the Yacht harmless from and against any and all claims for loss or damage to property or injury to persons (including loss of life) resulting from use, operation, or possession of the Yacht and related equipment or other Inventory by the Charterer or any crew, and from any claims whatsoever from loss or damage to personal property of the Charterer or any crew carried on the Yacht or dinghy. This Agreement shall be construed and interpreted in accordance with the laws of the state of Maryland, with the exception of any admiralty or maritime claims which shall be construed under the maritime, admiralty laws of the United States including the International Convention on Limitation of Liability for Maritime Claims 1976 as in effect. The venue for any proceedings hereunder shall lie in Anne Arundel County, Maryland or the United States District Court for Maryland.
16. Quotation & Booking Accuracy
The online booking system is provided as an automated service. The system will compute prices based on the choices you have made and using the data entered by our staff. Unfortunately errors may occur. To ensure this system provides a high level of service and bookings are accurately completed, our sales team will check all bookings made online and ensure that the correct elements are booked and added to the quotation correctly. Our staff will correct any booking and quotation errors and communicate these to you within 2 working days of your booking.
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