| 1 |
Definitions:
Maid Maggie: The registered charter vessel 'Maid Maggie
II'. The Owner: The
registered owner of 'Maid Maggie'. The
Skipper: The
person
in charge
of operations
onboard 'Maid Maggie' during the charter. The hirer or customer:
The person or persons hiring 'Maid Maggie'. The charter:
The
hire period and agreed acceptable use of 'Maid Maggie'
during the charter period. The party: shall be construed
as the customer as previously defined. |
| 2 |
The
payment for the charter of the vessel shall be the
amount shown in the charter booking form paid in two
instalments, the deposit to be sent with the completed
and signed charter booking and the balance to be paid
not later than 30 days before the first day of the
charter. In default of payment as provided in this
clause the Owner shall be entitled to withdraw the
vessel from service of the customer without prejudice
to any other right or remedy he may have in respect
of such non-payment.
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| 3 |
Deposits
accepted cannot be refunded, and the full charter price
is payable unless a substitute customer for the same
dates can be found. If successful any monies paid will
be refunded less deductions for all expenses and allowances
for any reduction in the rate or time of the charter.
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4
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Provisional
bookings can be accepted by telephone and will normally
be held for 5 working days (but less if made within
two weeks of the commencement of the charter)
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5
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The
customer shall provide sufficient instructors and/or
other competent persons to supervise all diving activities
and the use of diving equipment and shall be fully
responsible therefor. The Owner /skipper and crew shall
not be responsible for any accident or injury caused
to any person or persons arising out of diving or the
use of diving equipment.
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6
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Diving
is normally restricted to a maximum depth of 40 metres.
Charter groups wishing to dive to a greater depth than
40 metres must disclose this at the time of booking.
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| 7 |
All
day charters are based on the carriage of a maximum
of 12 passengers and the carriage of not more than
24 diving air cylinders and associated sport diving
equipment.
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8
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Where
the customer or any of the party wish to use either
Nitrox, Trimix or other mixed diving gas and equipment
the Owner must be notified at the time of booking in
order
that
the weight and volume of the equipment can be assessed
in order to prevent vessel overload.
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| 9 |
The
Owner/skipper reserves the right to insist on a reduced
number of persons and/or equipment carried when he
considers the weight and/or volume of equipment to
be loaded aboard the vessel exceeds that normally carried
for compressed air sport diving and/or constitutes
a safety hazard.
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| 10 |
A
day diving trip will not normally be for more than
8 hours to begin at a time agreed between the Owner/skipper
and the customer or his deputy.
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11
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Day
diving is based on a maximum of two dives per day per
diver
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| 12 |
Day
diving parties will not be permitted to use sleeping
accommodation spaces reserved for liveaboard passengers.
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| 13 |
No
person shall bring hazardous or explosive substances
aboard the vessel. Divers personal flares, recall devices
and oxygen cylinders, etc., must be declared to the
Owner/skipper on embarkation and stored strictly in
accordance with his/her instructions. Oxygen may be
decanted aboard the vessel with the express
owner/skippers approval - ensuring
all safety precautions are followed.
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14
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No
person shall bring any illegal or banned substances
aboard the vessel.
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15
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Neither
party shall be liable if prevented from fulfilling
any of its obligations by an accident of force majeure
including an act of God, strike, lockout, act of Government
or any other occurrence beyond his control.
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16
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Carriage
thereunder is subject to the rules and limitations
relating to liability established by the Athens Convention,
as enacted in the Carriage of Passengers and their
luggage, by sea, Domestic Carriage (Order 1987)
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| 17 |
The
customer shall not be entitled to assign the benefits
of this agreement to any third party without the prior
agreement of the Owner and shall remain liable notwithstanding
any assignment made by him.
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| 18 |
No
action taken by the Owner, or failure to act, or time
allowed to the customer or any failure by the Owner
to insist upon and enforce its strict legal rights
shall constitute a waiver of any of the provisions
of the agreement which shall remain in full force and
effect.
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| 19 |
The
customer undertakes to ensure that each member of the
Charter Party is aquatinted with and agrees to the
terms of this agreement and no claim of whatsoever
nature be brought against the Owner skipper or Crew
or any servant or agent of the Owner by the customer
or any other member of the Charter Party.
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| 20 |
The
best possible dives are chosen depending on the prevailing
weather conditions and the experience of the divers.
In due to adverse weather conditions the dive is cancelled
by mutual consent then only the deposit will be non-refundable.
If the decision to cancel is that of the customer no
monies will be refunded.
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| 21 |
In
the event of cancellation where diving over 40 metres
is planned (in accordance with condition 6 above) again
no refund will be made except at the discretion of
the Owner.
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| 22 |
Agreement
to these terms and conditions is mandatory, together
with a completed and signed booking form sent to the
address in the contact section of this website
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