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Terms
&
Conditions
of
Charters

1. These are our Terms and Conditions of your
booking a charter with
EXCALIBUR CHARTERS.
You will be entering into a "whole-boat" or
"part boat" booking or a "dive group charter"
and you are agreeing to following terms and
conditions of the charter. In this agreement you
will be known as the
"Charterers".
2.
EXCALIBUR CHARTERS
give notice that all arrangements made by us are on the
condition that we shall not be liable for any death, injury or damage, loss,
delay or irregularity which may be caused by persons or conditions out of our
control.
Furthermore we accept no responsibility for any losses or additional expenses
due to delays in changes in air, road, rail, sea
or other services, strikes, war, weather or
other causes whatsoever they may be.
3. Provisional bookings by phone, or e-mail will be held for 21 days pending
receipt of the Booking Form and a £100 deposit if booking the whole boat.
Individual deposits are £10.
Every person making a booking on behalf
of a passenger or group of passengers warrants and confirms that he/she has the
authority of that passenger and that each such passenger agrees to be bound by
these Terms and Conditions of the charter as laid down herein.
All cheques shall be made payable to
“EXCALIBUR CHARTERS ".
4.
We reserve the right to alter prices in
accordance with any major changes in costs which
may occur between the time of the booking and
the time of departure. We will however advise
you of any variation in charges.
5. Passengers "Signing
In"
on our Onboard Diving Book are declaring that
they, and all persons on whose behalf they are
booking, are in good health and are fit, mobile
and agile and when diving are qualified to
do so and hold the appropriate qualification from
PADI or BSAC for the dive/dives they are
participating in.
Any illnesses arising
between booking the charter and actual departure date must be declared in our
Onboard Diving Book.
The skipper/skippers
may refuse to carry any passengers or luggage on any charters they deem
unsuitable.
Such reasons usually
relate to the safety of the vessel or the safety of persons due undeclared
health risks when on dive charters. In such circumstances the passenger/passengers shall not be entitled to any compensation or
payments whatsoever except for the refund of the charter fee.
6.
The Charterers shall provide sufficient instructors and/or other competent
persons. An appointed
DIVE
MARSHALL
of the diving group shall supervise all diving activities
from the vessel and the use of diving equipment, and
shall be fully responsible for the diving group at all times.
Excalibur Charters
are only responsible for the vessel and shall not be
responsible for any accident or injury caused to any person or persons arising
whilst not actually on the vessel.
Injuries sustained in any diving accident or by
the use of diving equipment are the
responsibility of the diver and he/she should
ensure that they are adequately covered by their
own insurance.
The
Charterers shall also be liable for
the repair
or replacement of any of the Vessels equipment used in diving activities, in the
event of loss or damage.
7. If the unlikely event of a mechanical
breakdown or other circumstances beyond our control
in which we cannot provide the
vessel
EXCALIBUR
for the charters arranged, we will endeavour to
find a suitable alternative vessel with the
agreement of the
Charterers.
In the event that this arrangement is not
suitable we will refund all moneys paid,
in full, and the passenger shall have no further claim against us.
Scheduled
charters may also be cancelled by
"EXCALIBUR CHARTERS" up to three weeks in advance of the departure
date if the event that insufficient bookings have been received for that date.
8. The Charterers, whether an individual or booking the whole vessel
are
responsible for the whole of the fee he/she has undertaken to pay and must pay
the balance at the end of each charter day, unless prior arrangements have been
made with Excalibur Charters.
If for any reason/reasons the
Charterers
cancel the booking within 21 days of departure he/she remains responsible for the whole of
the fee. It may be possible for you to transfer your booking to another
individual with our prior agreement. In the meantime we will make every effort to
resell the booking and if able to do so will refund the deposit and any
other money paid, minus any administration costs and any other expenses incurred.
9. Our vessel carries a full Marine Insurance policy for bodily injury or
accident to passengers on board, and is covered for a minimum of £2,000,000 in
respect of any one incident. A copy is kept on board for your inspection. A copy
of our M.S.A Licence is also available for your
inspection.
Our insurance does not cover passengers who are
not actually on the vessel or its marked named tender whilst engaged in
water sport activities such as diving
or any other activities.
We do not accept responsibility for loss of or damage to
passengers equipment, such as fishing rods/reels or diving equipment. Such property or valuables whilst onboard or in transit,
should be listed and covered against damage or
loss by your own household insurance.
10. No unaccompanied children under the age of 16 can be carried on the vessel. No children
under the age of (twelve)12 years shall be carried unless part of a whole boat charter and
then they are the responsibility of their parents/guardians at all times. We
must be advised
well in advance
as it is likely that we would have to hire
special life preservers for such an occasion.
Please
note we do occasionally make rare exceptions, but prior notice and arrangements
must be made with
EXCALIBUR CHARTERS
in advance.
11. No animals to be carried without permission
which must be sought in advance.
12. No drugs, weapons or any other unlawful goods such as pornographic materials are permitted on
board the vessel. The passenger's shall free and release the vessel owners /
skippers of
EXCALIBUR
CHARTERS from any liabilities or responsibility arising out of any breach of these
conditions.
13. In the unlikely event that you have a complaint against
EXCALIBUR CHARTERS
please report
any incident to us promptly either verbally or
in writing. We will make every effort to with
your complaint promptly and efficiently.
Any legal action or proceedings arising out of or connected with
this contract shall be governed by the laws of the
Merchant Shipping Act.
14.
EXCALIBUR CHARTERS or any
licenced skipper/captain employed by
EXCALIBUR CHARTERS, reserve the right to vary the
charter in any way he/she considers appropriate due to adverse weather or any
other conditions which apply to the vessel or
advisories by the Coastguard or other
appropriate authorities.
In the event of an accident at sea to another
vessel in the vicinity of
EXCALIBUR CHARTERS
our vessel will always do everything to assist
in procuring the safety of that vessel and those
on board. Such events happen rarely but may
result in the loss of activity for those
chartering our vessel and
EXCALIBUR CHARTERS
will not be held responsible for the loss of
time.
ALL decisions regarding the safety of the vessel, its tender
and those on board rest with the skipper/captain of the day.

          
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