Payments. The Charterer agrees to pay the Charter Fee and any other agreed charges prior to commencement of the Charter Period. The Charterer hereby authorizes and approves the payments associated with this agreement and hereby waives any right to any chargeback or payment claim against Owner or Captain.
Security Deposit. Charterer shall pay to Owner a security deposit (the “Security Deposit”) equal to $500 or other amount agreed in writing (including email) by Owner and Charterer. The Security Deposit shall refunded 48 hours after the conclusion of the Charter Period provided no damages, fees, claims, tickets, or other expenses are incurred (or likely to be incurred) by Owner or Captain, as a result of any action or negligence by Charterer or Charterer’s guests. Owner shall be also entitled to deduct from Security Deposit any fuel or time surcharges not previously paid by Charterer.
Captain. The Owner shall provide a properly qualified Captain (the “Captain”) licensed with the U.S. Coast Guard.
Maximum Number of Persons. The Charterer shall not, at any time during the Charter Period, exceed the maximum number of six (6) persons (excluding Captain) onboard the Vessel. If children are taken onboard, the Charterer will be fully responsible for their safety and conduct. The nature of a Vessel charter may render it unsuitable for anybody with physical disability or undergoing medical treatment. By signing this agreement, the Charterer warrants the medical fitness of all members of the Charterer’s party for the charter contemplated by this agreement.
Cancellation. The Charterer may cancel the charter contemplated by this agreement and receive a refund in accordance with the terms below:
All cancellation requests must be made by the Charterer in writing to the Owner’s valid email address, beachbumboatcharter@yahoo.com
Charterer may cancel the charter for any reason. Charterer shall receive a 100% refund of the Charter Fee and Security Deposit, if cancelled within 72 hours of the charter date.
If the charter is cancelled anytime after the 72 hours prior to the charter there is a $150.00 fee. The security deposit will be refunded in full. If cancelled due to weather a full refund is issued.
No refunds are issued in the event Charterer requests to end Charter Period early or if Captain, in his sole discretion, deems it unsafe to continue the charter for any reason and decides to end Charter Period early.
Captain's Authority. The Charter Guest explicitly agrees that they and their guests shall obey the Captain at all times. Further, without prejudice to any other remedy of the Owner, if in the reasonable opinion of the Captain, the Charter Guest or any of their guests fail to observe all or any part of the provisions in this agreement, the Captain shall be entitled to end the Charter Period immediately. Upon such event the Charter Guest shall not be entitled to any refunds of the Charter Fee or Security Deposit.
Charter Guest's Liability. The Charter Guest shall be liable for costs or losses as incurred (or likely to be incurred) from damage caused by the Charter Guest or their guests (intentionally or otherwise) to the Vessel or any third party. The Charter Guest shall be responsible to the Owner of any loss, damage or injury caused by the willful or negligent acts of themselves or their guests.
Assumption of Risk and Complete Release of Liability. The Charter Guest knows and fully understands that chartering any type of vessel, as well as all associated activities such as but not limited to swimming and snorkeling, are outdoor adventure activities in an aquatic environment with inherent risks and hazards where serious accidents, injuries, or death can occur. The Charter Guest fully understands that the Vessel has limited medical facilities and that in the event of illness or injury, appropriate care may be summoned and treatment will be delayed until the parties in need of care can be transported to a proper unloading location.