By booking a charter through our website, you and all additional guests agree to the following terms and conditions.
Included/ Excluded: (unless otherwise specified under Additional Conditions): The charter fee includes the services of a Captain and Crew and use of all on-board sports equipment, cruising permits, yacht expenses and taxes.
The charter fee does not include crew gratuities rendezvous diving, off yacht excursions, marina dockage fees, meals/drinks taken ashore outside the Meal options selected, airport transfers or similar expenses incurred by the CHARTERER.
ADDITIONAL TERMS AND CONDITIONS
1. Payments:
Payment is 100% due upon time of reservation.
- 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 OWNER, and not caused by the OWNER’S negligence. No warranty is made as to the suitability of the weather with respect to this charter. If a Named Storm threatens or is forecast to threaten the expected location of the charter yacht, as determined by the Captain in his/her sole discretion, the Captain shall have the option of terminating or canceling the charter at any time that he/she deems necessary. No refund is provided for cancellation due to weather.
- AUTHORITY: The OWNER warrants that the captain meets all requirements necessary to legally command the yacht in the area chartered. While it is agreed that the CHARTERER may determine the general movements and destination of the yacht within the boundaries of this Agreement, it is understood that the Captain is in full command, and that the CHARTERER agrees to abide by his judgment as to clearance, sailing, weather conditions, anchorages and other pertinent matters.
2. LIENS:
The CHARTERER, his agents, and/or employees, have no right or power to permit or suffer the creation of any Maritime Liens against the yacht. The CHARTERER agrees to indemnify the OWNER of any charges or losses incurred as a result of a breach of his paragraph, including reasonable attorney’s fees.
3. NON-ASSIGNMENT:
The CHARTERER agrees not to assign this Agreement or sub-charter the yacht without the OWNER’S consent in writing.
4. RESTRICTED USE:
The CHARTERER agrees that the yacht shall be employed exclusively as a pleasure vessel for the sole and proper use of himself, his family, guests and servants, 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 yacht may be at any time, and shall comply with the laws in all other respects.
5. NAVIGATION LIMITS:
The CHARTERER agrees to restrict the crusing of the yacht to area specified on the 1st page of this Agreement, cruising area.
6. INSURANCE:
The OWNER agrees to keep the yacht fully insured against fire, marine and collision risks and with protection and indemnity coverage for the full term of the charter period. The CHARTERER shall not be liable for any such loss or damage covered by such insurance. Failure by the OWNER to provide such insurance will burden him with the same responsibility as if the yacht were so insured. The CHARTERER may purchase additional Charter liability insurance at his/her expense.
7. INDEMNITY/HOLD HARMLESS CLAUSE:
Refer to ADDENDUM – A attached and made part of this contract agreement. All guests must review and agree to this clause prior to initial departure on this CHARTER.
8. ACCIDENTS:
The OWNER agrees that should the yacht, after delivery, sustain breakdown of machinery, or be disabled, or damaged by fire, grounding, collision or other cause so as to prevent its use by the CHARTERER for a period of twenty-four (24) consecutive hours or more, or should the yacht be lost or said damage(s) be so extensive that the yacht cannot be, or is not repaired within twenty-four (24) hours, none of the above being brought about by any act or default of the CHARTERER, the CHARTERER shall have the right to terminate the charter. The OWNER shall make a pro rata return of all charter fees to the CHARTERER from the time of such loss or damage.
9. DRUGS AND OTHER ILLEGAL ACTIVITIES:
The use, transportation, or possession of illegal drugs or narcotics (including marijuana) or of any other contraband, or the participation in any other unlawful activity is strictly prohibited. The participation in any of these activities by CHARTERER, or by any guest of the party constitutes a breach of the charter and shall be cause for immediate termination of this Agreement without refund of any payments made by CHARTERER. CHARTERER will be held responsible for any loss or damage to the yacht due to any such violations and will be put ashore at the next port of call.
10. REDELIVERY:
The CHARTERER agrees to redeliver the yacht, her equipment and furnishings, free and clear of any indebtedness incurred for/by the CHARTERER, at the expiration of the charter. The CHARTERER also agrees to be responsible for and to replace or make good any injury to the yacht, her equipment and furnishings caused by himself or by any of his party, less ordinary wear and tear, except to the extent such claims are covered by insurance as provided above. This means that the CHARTERER shall be responsible for any costs up to the amount of any deductible. Should the CHARTERER hinder the yacht’s redelivery to the place and time stipulated, for whatever cause, he shall pay the OWNER demurrage pro rata for additional charter time, plus any other losses the OWNER sustains related to the delayed redelivery. If the delay in redelivery is due to Force Majeure, the CHARTERER is not held responsible for any additional charter fees.
11. DISPUTE RESOLUTIONS:
Should the OWNER 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 by the CHARTERER and the OWNER, with the cost thereof divided equally between the parties. The mediation will be in accordance with such rules as the parties may designate agree upon and in the event the dispute cannot be resolved by mediation, then either party may resort to an action as provided in paragraph 12.
12. VENUE:
The venue of any action arising from this Agreement shall lie exclusively in the Courts of the City and State of the OWNER’S residence, unless another place is mutually agreed upon, and both parties shall submit to the jurisdiction of such court.
13. EXECUTION OF AGREEMENT:
The OWNER and CHARTERER, whose signatures need not be affixed to the same copy of the YACHT CHARTER PARTY AGREEMENT, may transmit the Agreement by facsimile or other electronic means. The separately signed agreement, and/or copies thereof, shall constitute a binding agreement between the OWNER and the CHARTERER.
14. TRIP CANCELLATION INSURANCE:
The CHARTERER acknowledges that trip cancellation insurance is not offered by Dauntless Sailing, LLC. If the CHARTERER accepts cancellation insurance from other source it is the CHARTERER’S responsibility to understand the coverage’s offered from the insurance company. Dauntless Sailing, LLC shall not be held liable for any claims related to the travel insurance.
ADDENDUM – A
CONTRACTUAL ASSUMPTION ACKNOWLEDGEMENT OF RISKS AND LIABILITY WAIVER AND RELEASE AGREEMENT
IN CONSIDERATION of being permitted to participate in the charter provided by DAUNTLESS SAILING, LLC for myself and/or any minor children for whom I am the legal parent/guardian or otherwise responsible, and for my/our heirs, personal representatives or assigns:
ACKNOWLEDGEMENT OF RISKS
I fully acknowledge that some, but not all of the risks of participating in the charter in which I am about to engage may include (1) wind shear, inclement weather, lightning, variances and extremes of wind, weather and temperature; (2) any sense of balance, physical condition, ability to operate equipment, swim and/or follow directions; (3) collision, capsizing. sinking or other hazard which result In wetness, injury, exposure to the elements, hypothermia, impact of the body upon the water, injection of water into my body orifices, and/or drowning; (4) the presence of insects and marine life forms; (5) equipment failure, operator error, transportation accidents; (6) heat or sun related injuries or Illness, including sunburn, sunstroke or dehydration; (7) fatigue, chill, and/or dizziness which may diminish my/our reaction time and increase the risk of an accident; (8) slippery decks when wet; (9) More specifically, but without limiting the foregoing, the OWNER and his insurange underwriters accept no responsibility or liability for accidents, injuries or death related to the yacht’s dinghy, swimming and/or the use or snorkels, masks or allied equipment water skiing, windsurfing, personal watercraft, spinnaker flying, halyard flying, or other sports equipment, whether or not supplied by the OWNER or CHARTERER.
I specifically acknowledge I have been given instructions/training in the safe use of the type of equipment used during this charter to my complete satisfaction, and I am physically/mentally able to participate in the charter which I am about to engage.
CONTRACTUAL/EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY
I fully agree to assume all responsibility for all the risks of the charter to which I am about to engage, whether identified above or not (I FULLY UNDERSTAND THAT I UNDERTAKE EVEN THOSE RISKS ARISING OUT OF THE NEGLIGENCE OF THE
RELEASEES NAME BELOW) My/Our participation in the charter is completely voluntary. I assume full responsibility for myself and any of my minor children for whom I am responsible.
This responsibility that I assume on my behalf and that of my minor children, or those children for whom I am legally responsible, extends to any bodily Injury, accidents, illnesses, paralysis, death, loss of personal property and expenses thereof as a result of any accident which may occur while we participate in the activity.
I completely understand and agree to accept all responsibility on behalf of myself and my minor children, or those children for whom I am legally responsible, even if these injuries, death, or loss of personal property are caused in whole or in part by the negligence of the releasees named below.
I hereby release dauntless sailing, LLC their affiliated and related companies, their principals, directors, officers, agents, employees, and volunteers. their insurers, and each and every landowner, municipal and/or governmental agency upon whose property and activity is conducted, as well as their insurers, if any, from any and all liability of any nature for any and all injury or damage (including death) to me or my minor children as well as other persons as a result of my/our participation in the activity, even if caused by my negligence or by the negligence of any of the releasees named above, or any other person (including myself).
I have read this assumption and acknowledgement of risks and release of liability agreement I understand fully that it is contractual in nature and binding upon me personally. I further understand that by agreeing to this document I am waiving valuable legal rights including any and all rights I may have against the owner, the operator named above, or their employees, agents, servants or assigns.
I FULLY AGREE IN CONSIDERATION FOR BEING ALLOWED TO PARTICIPATE IN THE CHARTER TO HOLD HARMLESS AND IDEMNIFY THE OWNER, THE OPERATOR NAMED ABOVE OR THEIR EMPLOYEES, AGENTS, SERVANTS OR ASSIGNS FOR ANY INJURY WHICH MAY BEFALL ME, MY MINOR CHILDREN OR THOSE CHILDREN FOR WHOM I AM LEGALLY RESPONSIBLE (INCLUDING DEATH).
