1. Charter General Terms
Diplomat Enterprises trading as Diplomat Cruises agrees to make available the yacht, for the duration of the cruise period for the agreed charter fee, to the Charterer and their guests. The charter fee agreed between Diplomat Enterprises and the Charterer includes the cost of hire of the yacht, the professional Captain and crew. Additional products or services may also be included in addition to the charter fee.
The Charterer is responsible for and liable for the actions and behaviour of their guests i.e. any persons invited to board the yacht by the Charterer for the duration of the cruise. If on any of the days of the charter period more than the maximum number of passengers attempt to board, the charter will not proceed with them on board.
The charter fee will be paid upfront in full for the agreed cruise period and any additional products or services. Any additional hours after that agreed cruise period will be charged as applicable on a pro rata basis. An invoice will be provided to cover these costs.
3. Cruise Locations
The embarkation and disembarkation points will be at London piers, as determined by Diplomat Enterprises Ltd .
4. Cancellation by the Charterer
Cancellation by the Charterer must be notified in writing. In the event that cancellation is notified by the Charterer, for any reason whatsoever, the Charterer will forfeit all fees paid up to that date.
5. Cancellation by Diplomat Enterprises
Diplomat Enterprises will make every effort to ensure that the yacht run during the cruise period however there are some circumstances where it would be impractical or unsafe for the cruise to be held (e.g. adverse weather conditions, mechanical failure etc). Diplomat Enterprises vests discretion with the professional Captain aboard
the yacht to ensure the safety of all guests and therefore such cancellation will be at their discretion on each day.
Apart from a refund of the charter fee, the Charterer will have no further claim for loss or damage whatsoever resulting from the cancellation of this agreement on the day. The Captain aboard the yacht has absolute authority and his/her instructions must be adhered to at all times.
If the Charterer or any guests fail to comply with the reasonable instructions of the Captain, the Captain may return the yacht to the point of embarkation whereupon the cruise will be terminated, and the Charterer will not be entitled to repayment of any part of the daily charter fee or any other remedy whatsoever.
6. Liability and Requirements
The Charterer shall be responsible for damage to the yacht and contents or personal injury caused directly by negligence, error or omission by the Charterer, its employees, contractors, agents or guests, and the Charterer will make good (or pay the reasonable cost of making good) such damage. Diplomat Enterprises will assess the damage and invoice the Charterer. In addition, where an additional deductible is required from the insurers of the yacht as a result of damage caused, this will also be paid by the Charterer in addition to the cost of damage caused.The guests of the Charterer agree to undertake the following:
1. Not to smoke onboard
2. Not to bring any animals or pets aboard without permission
3. To remain seated whenever possible during the cruise and to wear the safety equipment provided, as requested
4. To return any safety equipment provided, at the end of the cruise
5. That no controlled drugs or other illegal substances, or offensive weapons or dangerous articles will be brought aboard the yacht by any person. Failure to comply with this undertaking will result in the immediate cancellation of the Charterer’s cruise wherever the yacht may be, without refund of any monies previously paid and the guests will be required to immediately disembark the yacht.
6. To observe all reasonable requests of both the appointed Captain and the 1st mate/host at all times and to take special note of the safety briefing given at the beginning of the cruise
7. To absolutely abide by the embarking and disembarking instructions of the Captain and 1st mate/host
8. To wear suitable footwear on the day that will not damage the yacht’s wooden floor, and enable safe embarking and disembarking from the yacht – ideally rubber soled shoes
Other than liability for death or serious personal injury resulting from the negligence of Diplomat Enterprises Ltd, Diplomat Enterprises Ltd and its employees and/or agents shall not be liable for any loss, damage, direct or indirect, however arising, including without limitation any distress, inconvenience or anxiety caused during the cruise period and/or during evacuation from the yacht – in case of emergency.
Neither party shall make any reference to or disclose any confidential information about the other except as is reasonably required to perform their obligations under this Agreement.
The yacht carries third party and passenger liability insurance. No responsibility other than the provision of said insurance for any claim that may be brought to bear. Where an additional deductible is charged by the insurers as a result of a damage or injury or death caused by the Charterer, the Charterer is also liable for the cost of the deductible and will be invoiced accordingly.
This agreement will be governed by English law and executed accordingly.
10. Termination during the cruise
Failure of the Charterer or guests to comply with any of these terms and conditions will give Diplomat Enterprises the right to terminate the agreement and expel the Charterer and/or guest(s) from the yacht.
11. Contractual Agreement
Intending to be legally bound, both Diplomat Enterprises and the Charterer agree that according to the terms and conditions outlined in this contract, the Charterer will charter the yacht from Diplomat Enterprises for the cruise period.