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| About Us Euphoria Sailing Ltd. is completely dedicated to your total satisfaction. If you have any suggestions or comments please email us using the link here. Terms and Conditions For Vouchers, Activities and Courses Cancellations By Euphoria Sailing Safety Terms and Conditions. Shop - Equipment Sales About Us Euphoria Sailing Ltd. is completely dedicated to your total satisfaction. If you have any suggestions or comments please email us using the link here. Our Contact details: Currency Accepted is £ Pounds Sterling. If you are shopping from North America or anywhere else, place your order and your credit card company will convert the transaction from Pounds Sterling to US Dollars or your own currency. We can accept debit or credit cards. We do not charge for any item until it is ready to ship. Backordered items are not charged until they are shipped. You may send your credit card information via phone, fax or mail. Order Information Delivery Schedule. Returns Policy Our Contact details: BOAT CHARTER TERMS & CONDITIONS |
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| 6. CHARTERER'S OBLIGATIONS The Charterer
hereby agrees:- (6.1) That the details supplied by him on the booking form and charter agreement are accurate, complete and not misleading. (6.2) Not to take the vessel outside the cruising area specified in the booking form and charter agreement. (6.3) Not to use the vessel for racing under any circumstances or sailing at night without the prior written consent of Euphoria Sailing Ltd . (6.4) Not to carry animals, plants or other restricted items. (6.5) Not to carry any crew other that those specified in the booking form and charter agreement. (6.6) To secure all equipment on board at all times, including the vessel's inflatable dinghy. (6.7) Not to leave the vessel unattended at any time whilst at anchor. (6.8) To ensure that the vessel is securely locked and immobilised whilst in port and that all loose deck equipment is stowed below. (6.9) In the event of the vessel being involved in collision with a third party that results in damage occurring, not to admit any liability to any person and to record the incident promptly and fully, including the name of the other vessel, skipper, yacht type, position, date, time, estimated speeds, wind strength and direction, tide direction and speed, depth of water and details of witnesses. (6.10) To report as soon as practicably possible to Euphoria Sailing Ltd any mechanical failure, not to commence repair work without the consent of Euphoria Sailing Ltd and to use every endeavour to minimise any damage without endangering the lives of the crew on the vessel. (6.11) To pay all running expenses including harbour and port dues, pilotage fees, fuel and gas. (6.12) Not to do or omit to do any action or thing whereby the vessel may become liable to arrest or detainment. (6.13) Without prejudice to 6.16) below not to take the vessel out in dangerously bad weather even if this may lead to the vessel not being returned on the Return Date. Euphoria Sailing Ltd reserves the right to instruct the Charterer not to take the vessel out if Euphoria Sailing Ltd considers the weather conditions to be dangerous. (6.14) To pay Euphoria Sailing Ltd any insurance excess out of the Security Deposit and not to do or omit to do any act or thing which may render void or voidable the insurance policy referred to in 7c below. (6.15) Not to bring on board any restricted or illegal goods whatsoever, such as drugs, firearms or explosives. (6.16) To sail the vessel using skill, judgement, common sense and requirements of good seamanship, bearing in mind the necessity to return the vessel on the Return Date. (6.17) To maintain an accurate ships log as required by law. (6.18) To comply at all times with all applicable laws, bye laws and regulations (International Collision Regulations) relating in any way to the Charterer, the vessel and its equipment and with all orders and directions given or made by any person with any authority in that behalf. Charterer to supply on request valid coastal skipper certificate. 7. Euphoria Sailing Ltd - RESPONSIBILITIES Euphoria Sailing Ltd hereby agrees as follows:- (7.1) To deliver the vessel to the Charterer at the Home Port shown on the booking form and charter agreement in a good and seaworthy condition complete with all items listed in the vessel's inventory. For the avoidance of doubt Euphoria Sailing Ltd does not warrant that the vessel is fit to sail in dangerously bad weather conditions and Euphoria Sailing Ltd relies on the skill, judgement and common sense of the Charterer in deciding where to sail within the cruising area and in what weather conditions bearing in mind the ability of the crew and the Return Date. (7.2) To refund to the Charterer any reasonable expenses properly incurred during the charter period by the Charterer replacing any item of equipment attached to the vessel or its inventory which breaks (other than through the Charterer's crew's fault) or becomes faulty through fair wear and tear. (7.3) To insure and keep insured the vessel against fire and all usual marine risks, collision risks and including third party risks to such an extent as Euphoria Sailing Ltd in its absolute discretion shall deem appropriate. A copy of such an insurance policy is available for inspection at the Home Port. In the event of any claim the excess on such insurance policy shall be payable by the Charterer but subject to 6.14 above shall not exceed the Security Deposit. Such insurance policy does not cover injury to or loss of life or damage to or loss of property of any person on board, against which the Charterer must insure prior to the Commencement Date. Advice about such insurance is available from Euphoria Sailing Ltd on request. Any other uninsured damage or losses on board the vessel shall be paid by the Charterer, if necessary out of the Security Deposit. The return of the Security Deposit or the balance thereof after the end of the charter period shall not be taken to imply that the Charterer has no further liability to pay any sums to Euphoria Sailing Ltd in the absence of a written statement to that effect from a Director of Euphoria Sailing Ltd. 8. LIABILITIES Subject to the terms of the Unfair Contract Terms Act 1977 and save to the extent that such liability may not be lawfully excluded or qualified by reference to a contract term or otherwise in no circumstances whatsoever does Euphoria Sailing Ltd accept liability for any damage, loss, cost, claims or expenses howsoever caused other than death or personal injury caused by negligence of Euphoria Sailing Ltd or its employees. 9. TERMINATION AND REPOSSESSION In the event of it coming to the attention of Euphoria Sailing Ltd that the Charterer is in, or may commit a breach of any of these conditions, Euphoria Sailing Ltd may forthwith terminate this agreement and take whatever steps necessary to take possession of the vessel wherever it may be. Such termination and the taking possession shall be without prejudice to any rights and remedies which may have accrued to Euphoria Sailing Ltd prior to the date of or by reason of such breach. 10. FORCE MAJEURE Neither party shall be liable if prevented from fulfilling any of his obligations by an incidence of force majeure, including an Act of God, strikes, lock-out, act of Government or authority or any other occurrence whether similar or dissimilar wholly beyond his control. 11. GENERAL (11.1) The Charterer shall not be entitled in any circumstance whatsoever to assign the benefits of this Agreement to any third party and shall remain liable notwithstanding any purported assignment made by him. (11.2) No action taken by Euphoria Sailing Ltd or any failure to act, or time allowed to the Charterer or any failure by Euphoria Sailing Ltd to insist upon and enforce its strict legal rights shall constitute a waiver of any of the provisions of this agreement which shall remain in full force and effect. 12. LAW This agreement shall be construed in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English and Welsh Courts. |
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