WEBBER MARINE SERVICES (M.V. EXCALIBUR) TERMS AND CONDITIONS
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1. Command of the Vessel. The skipper will navigate and command the vessel and will be the sole judge in all matters affecting the safety, circumstances and operation of the vessel.
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2. Capacity. The maximum number of passengers shall be ten.
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3. Safety and Behaviour Divers/Passengers agree to obey the reasonable instructions of the skipper at all times.
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4. Safety of Passengers, Crew and Vessel. No person shall bring hazardous or explosive substances aboard the vessel. Divers’ personal flares, recall devices and oxygen cylinders, etc., should be declared to the skipper, and stored strictly in accordance with his instructions. The skipper reserves the right to refuse to carry any item that he deems a risk to the safety of his vessel, passengers, or crew.
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5. Commercial Operations. Permitted only on full charter, contact us for specific conditions.
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6. Damage. Divers/Passengers agree to avoid damage to the vessel to the best of their ability. Where the skipper considers any damage caused to exceed normal wear and tear, the Diver/Passenger undertakes to reimburse Webber Marine Services, hereinafter called the company, for any damage and or loss howsoever caused.
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7. Duration. A day charter will be for not more than eight hours, to begin at the start time indicated.
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8. Supervision. Each Diver/Passenger shall be responsible for the supervision or provision of supervision for their activities and the use of diving and other equipment, and shall be fully responsible therefor. Carriage is on a strictly transport only basis, under merchant shipping regulations the skipper is not permitted to supervise diving or any other activity.
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9. Activities of your group. The company, skipper and crew shall not be responsible for any accident or injury caused to any person or persons arising out of any activity or the use of diving or any other equipment.
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10. Loading. It is understood that the booking is based on the carriage of one set of self-contained diving equipment including two cylinders of the common type per diver.
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11. Bad Weather, etc. In the event that the skipper should judge the weather conditions unsuitable or if the skipper should for any reason cancel the booking, a full refund of the boat charge for that day shall be made, in full and final settlement of any claim the organiser or any member of the organiser’s group may have against the company or skipper.
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12. The payment. for the hire and use of the vessel shall be the amount shown on the charter agreement, paid in two instalments, the deposit to be sent with the signed charter agreement and the balance to be paid no later than twenty-eight days before the first day of the charter. If the charterer should fail to pay as provided in this clause, the company shall be entitled to withdraw the vessel from the service of the charterer without prejudice to any other right or remedy he may have in respect of such non-payment.
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13. Loss or Damage. The company, skipper and crew shall not be responsible for any loss or damage howsoever suffered by divers/passengers/charterers his licensees or guests, in respect of property or for any delay or cancellation whether the same arises by reason of negligence of the company, skipper or crew or any other person employed by them howsoever.
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14. Cancellation by the Charterer. If a suitable substitute charterer can be found for the same dates, on receipt of full payment from the substitute charterer a full refund will be made. If no suitable substitute can be found, the charterer will be liable for the full charge.
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15. Cancellations/Refunds. If for any reason a booking is cancelled in advance by the company or skipper a full refund of monies paid will be made in full and final settlement of any claim the Diver/Passenger or members of the group may have against the company or skipper.
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16. Small group bookings are taken on the understanding that the charterer will allow additional qualified divers to join their group.
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17. Group Bookings. The charterer undertakes to ensure that each member of the charter party is acquainted with and agrees to the terms of this agreement and that no claim of whatsoever nature shall be brought against the company, skipper or crew or any servant or agent of the company by the charterer or any member of the charter party.
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18. Free Services. Where free services are provided, for example air fills, these services are subject to availability. In the unlikely event of equipment breakdown, unavailability etc. it is agreed that the charterer and their party will make their own alternative arrangements, the cost to be born by the charterer and/or their party.
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19. Increases in V.A.T., Fuel Costs, Additional or Increased Costs Beyond the Control of the Company. In the event of unforeseen extra costs to the company the organiser agrees to pay any surcharge made necessary in this respect.
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