Terms and Conditions
CHARTER AGREEMENT made by Dogleg Charters (hereinafter referred to as DC) and the CHARTERER (hereinafter referred to as the CHARTERER) for bespoke charters in the area of the North Norfolk Coast.
Definitions
a) DC Vessels include: “Tim” – and up to 5 people and one skipper
b) Charter Dates: as arranged between DC and the Charterer.
c) Operational Areas: North Norfolk Coast, predominantly Morston Quay and Blakeney harbour
d) Number of Charter Guests: as agreed by DC and the Charterer
e) Charter Fee: as per the prices on the website at time of booking between DC and the Charterer
f) FORCE MAJEURE: Force Majeure is defined as any cause attributed to acts of GOD, accidents, natural disaster, weather or other occurrences beyond the reasonable control of the DC, and not caused by DC’s negligence. No guarantee is made as to the suitability of weather with respect to any charter. If a storm or weather with excessive winds or heavy seas is forecast to threatening the charter, as determined by the DC in his discretion, DC shall have the option of terminating or cancelling the charter any time that it deems necessary.
TERMS AND CONDITIONS:
1. Charter Fee includes: Skipper, Life jackets and rib for 1.5hrs
2. Charter fee does not include: Other expenses incurred by the Charterer
3. Smoking is not permitted on board
4. Conduct of children on board are the responsibility of the Charterer. Children should be looked after and kept safe by responsible adults.
5. All charterers must be physically fit and able to climb into and out the rib drawn up to pontoon.
6. The Charterer will ensure that guests are properly equipped with warm/wet weather gear.
7. Payment: At the time of booking the charter on the website.
8. Cancellations:
Should the Charterer cancel
i) Should the Charterer cancel before the Charter Term begins –DC reserve the right to re book the boat to an alternate Charterer to fill that charter time. Charterer can receive a full refund or arrange an alternate date Charter.
ii) If DC cancels due to inclement weather or for any other safety related reason, DC shall reimburse the Charterer the full amount.
9. DC will ensure that the Rib, at the point of boarding, are in full commission and in proper working order, having all licenses and coding required for the area of charter, outfitted as a commercial rib, with full equipment, inclusive of that required by law, in clean and good condition throughout and ready for service.
10. DC shall provide a Skipper that meets all requirements necessary to legally command the vessel in the area chartered. While it is agreed the Charterer may determine the general movement and destination of the vessel within the boundaries of this Agreement, it is understood that the Skipper is in full command, and that the Charterer agrees to abide by his judgment as to operational management, weather conditions, anchorages and other pertinent matters.
11. The Charterer agrees not to assign this Agreement or sub-charter the vessel without the DC’S consent in writing.
12. The Charterer agrees that the vessel shall be employed exclusively as a pleasure vessel for the sole and proper use of himself, his family, guests, 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 any Government within the jurisdiction of which the boats may be at any time, and shall comply with the law, and all Coding and Licensing requirements in all other respects.
13. DC agrees to keep the boats fully insured against fire, marine and collision risks and with protection and indemnity coverage for the full term of the charter period.
i) The DC shall not be held responsible for loss or damage to personal property or for any injury suffered by the Charterer, or any member of his party, during the term of this charter, regardless of whether any such loss or injury occurs on board the boats or elsewhere. DC accept no responsibility or liability for accidents, injuries or death related to swimming and/or the use of any equipment either belonging to DC or the Charterer
14. The parties agree that if there is a mechanical breakdown hindering the full charter period, DC will refund charter fee or allow a rebooking for another date.
15. The Charterer agrees to be responsible for and to replace or make good any damage to the boats, her equipment and furnishings caused by himself or by any of his party. Should the Charterer hinder the boat’s return to the place and time stipulated, for whatever cause, he shall pay the DC demurrage pro rata for additional charter time, plus any other losses sustained related to the delayed redelivery.
16. Should the DC and Charterer be unable to reconcile any differences that may arise with respect to the charter or this Agreement, such dispute shall be submitted first to mediation before a mediator mutually agreed upon with the cost thereof divided equally between the parties.
17. This Agreement shall be subject to the Law of England and the jurisdiction of the English High Court.
18. The Charterer should agree to the terms and conditions via electronic means prior to the start of the charter, which will constitute a binding Agreement between the DC and the Charterer
19. The Charterer has read and understood the terms of this Agreement, plus all additional conditions and/or addenda listed above, before agreeing. Therefore, to the true and faithful performance of the foregoing BOAT CHARTER PARTY AGREEMENT, said parties hereto bind themselves, their heirs, executors, administrators and assigns, each to the other.