2019 Boston Whaler 42ft Yacht for Charter

Charter Agreement / Terms & Conditions This Charter Agreement and the Terms & Conditions below (collectively the “Agreement”) constitutes a legal agreement between (the “Company” or “we”) and Lead Charterer (also referred to as “you”). You agree that the Company is acting as a broker in the booking of your charter and acknowledge that, if requested, you shall have to sign a separate yacht charter agreement with the yacht’s owner or supplier (“Owner”) before boarding the yacht. The Company’s function is solely that of arranging this vacation and acting as an intermediary between you and the Owner. You warrant that your signature on this Agreement represents consent of all Charter Guests (“Passenger” or “Passengers”) to be bound by the terms of this Agreement as if they had each individually signed it. To the true and faithful performance of the foregoing agreement, said parties bind themselves, their heirs, executors, administrators and assigns each to the other. It is your sole responsibility, as Lead Charterer, to carefully verify all travel details detailed herein. You understand and agree that the Company will only deal with you in all correspondence, including changes and cancellations. You are responsible for ensuring the accuracy of all information supplied herein and providing all information related to the charter to Passengers. Your return of a signed copy of this Agreement shall constitute your booking confirmation of the charter and subject you to all of terms and conditions (including cancellation policy) set forth in this Agreement. PAYMENT To guarantee your booking, you must pay the Charter Fee to the Company in accordance with the Deposit and Payment Schedule above. If any payment due under this Agreement is not paid within five (5) days of its due date, the Company shall treat this Agreement as cancelled by you and, thereby, (i) the Company shall have the right to allocate the vessel to another client; and (ii) any Charter Fee payment you made shall be forfeited (with no refund eligibility). For purposes of this Agreement, “Charter Fee” shall refer to all Services and Products fees detailed in the Charter Fee section above (including agreed upon add-on services/products (“Add-ons”) such as catering, entertainment, scuba, snorkeling, and other aquatic sports and equipment). CANCELLATIONS Your right to a refund is limited. Cancellation/refund requests must be in writing. NO REFUNDS WILL BE ISSUED BASED ON VERBAL CANCELLATIONS. Canceled reservations may be reinstated at the rates current at the time of the reinstatement request, subject to availability, terms of this Agreement, and current package inclusions. The following cancellation policy and terms apply: Cancellation notices received 30 or more days before the Charter Date: You will be refunded 100% of Charter Fee payments made Cancellation notices received 29 to 16 days before the Charter Date: You will be refunded 50% of the Charter Fee payments made Doc ID: 12d25402a598c8e8df59b5f6f4a600bf667e8397 Cancellation notices received 15 or less days before the Charter Date: You will not be eligible for any refund. If you wish to amend/change your booking, you must send Company your written request no later than three weeks prior to the Charter Date. Changes will only be made subject to availability. If your requested change is cheaper (at time of change request) than your original booking you will receive a refund for the difference. If you change to a more expensive charter, you must pay the difference upon signing of the new booking agreement. Any amendment permitted under this clause is subject to a maximum of 1 change per booking. Notwithstanding anything to the contrary, no refunds shall be due to you after an amendment is made and any further change requests will be treated as a cancellation and all money paid will be forfeited. FORCE MAJEURE Company shall not be liable for any loss, damages or delay or failure in performance hereunder resulting from any force majeure event, including but not limited to acts of God, fire, action of the elements, epidemics, war (declared or undeclared), warlike actions, insurrection, revolution or civil strife, piracy, civil war or hostile action, strikes or differences with workmen, acts of the public enemy, federal or state laws, rules and regulations of any governmental authorities having or asserting jurisdiction in the premises or of any other group, organization or informal association (whether or not formally recognized as a government), and any other cause beyond the reasonable control of the Company which makes continuance of operations impossible. In the event of a delay or failure of performance based upon an event described above, the following terms shall apply: �.  All Charter Fee payments you made shall be used as a credit for a future charter. No refunds will be provided unless the Company is able to obtain a full refund from the Owner, in which case the Company will provide you with a refund promptly after the funds it received from the Owner have cleared. �.  If the Charter Fee Payments are used towards a future charter, the Company will work with you to book a new charter, at a new location, or on new dates, or both, based upon availability and your preference. If the parties cannot book a new charter at that time, your deposit will remain as a credit with the Company valid for two (2) years from the Charter Date. �.  The Company will not be responsible for additional costs incurred by you because of changes to your charter caused by a force majeure event or for any other reason. ADDIT IONAL DELAYS OR CANCELLAT IONS If on the Charter Date, the hired vessel or equivalent is not available for reason other than a force majeure event or because the vessel’s Captain, at his/her sole discretion, determined that the vessel cannot be used due to mechanical and/or weather conditions, the first option, if available, will be to delay the departure time and maintain the charter duration. However, if the vessel’s Captain, at his/her sole discretion, determines that the charter cannot be maintained, you have the right to the following options: �. Reschedule the charter, subject to availability, provided that (a) if the new charter is cheaper than the original charter, you will receive a refund for the difference; and (b) if the charter is more expensive than the original charter, you must pay the difference. Doc ID: 12d25402a598c8e8df59b5f6f4a600bf667e8397 �. Cancel the agreement with the Company and be refunded for the Charter Fee. You acknowledge and agree that all refunds for which you might be eligible pursuant to this Agreement shall be provided to you by the Company promptly after the Company receives the refund related to your charter from the Owner. You waive all claims, damages, debts, liabilities, demands, costs, expenses, interest, suits and/or attorneys’ fees related to or arising from a delay or cancellation of the charter. Any interrupted or shortened charter after it has already begun and any service not used by you, for any reason, are not refundable. PASSENGER REMOVAL Company reserves the right to refuse to accept a Passenger or remove a Passenger from a charter if that Passenger violates any law, or, in our sole discretion, is disruptive to others, or constitutes a danger to himself/herself or others. In the event a Passenger (including you) is so removed, or his/her participation terminated, any/all expenses from being removed or terminated are your responsibility. If the captain of the vessel or any of our staff or agents, in his/her reasonable discretion, believes that a Passenger is disruptive or that he/she is suffering from a contagious disease, they can also refuse to let such passenger proceed with the charter or remove the Passenger from the Charter or excursion/activity. Neither you nor the removed Passenger will receive any refund for delays or cancellations resulting from the removal of a Passenger pursuant to this Section. RESPONSIBILIT IES FOR LOSSES AND DAMAGES You are responsible and liable for all damages and losses caused, whether by careless, deliberate, negligent, or reckless act(s), to the vessel’s interior and exterior and any equipment used during the charter or the Add-ons by you or any Passenger. You understand and agree that, because we do not charge a damage deposit, we will require/maintain a credit card on file for all charters, even if you pay via PayPal or Crypto Currency, to cover such losses and damages. You must provide the Company with credit card information and include a government issued identification card in order to process the booking. You expressly agree and authorize Company to, and therefore Company shall, bill to the credit/debit card you provided in such amounts as Company in its sole discretion deems necessary to compensate for any and all reasonable costs and expenses incurred or suffered as a result of the aforementioned damages, which include, but are not limited to, smoking fee, cleaning fee, pet fees, cleaning fees from extraordinary mess, property damage, and missing or damaged items, fixtures, furnishing, or equipment. We will notify you that charges were made to the credit/debit card provided and, upon your written request, provide you with an invoice of the damages or losses charged. If any form of payment provided by you to Company is rejected and Company incurs any fees due to such rejection (e.g., insufficient funds or credit), you shall be responsible for reimbursing the Company promptly for all such fees. LIABILIT Y You agree and fully understand that chartering any type of vessel, as well as all Add-ons and other charter associated activities such as but not limited to swimming and snorkeling or other water sports, are outdoor adventure activities in an aquatic environment with inherent risks and hazards where serious accidents, injuries, or death can occur. You also realize and acknowledge that such Doc ID: 12d25402a598c8e8df59b5f6f4a600bf667e8397 risks and hazards may be caused by the negligence or participation of you, Passengers, or third parties. You also recognize and acknowledge that risks and dangers may arise from foreseeable and unforeseeable causes, including but not limited to weather and other acts of nature. You fully understand 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 medical facility. By signing this agreement you, on behalf of yourself and Passengers, respective heirs, family, assignees, agents, representatives, estate, and affiliates, explicitly acknowledge and agree in advance to these conditions, accept and willingly assume all risks and hazards related to, arising out of, or associated with this Agreement and/or your and Passengers’ participation in the charter, including all Add-ons and all other activities on and off the vessel, and voluntarily and expressly agree to release, waive, discharge, hold harmless and agree to indemnify the Company, and its owners, officers, directors, contractors, employees, representatives, and affiliates (“Company’s Party”), the captain and crew, and Owner, from any and all claims, actions, or losses for emotional injury, bodily injury, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise, which may arise out of or occur in connection with this Agreement or during your charter or activities conducted in conjunction therewith and shall include, without limitation, any loss caused by breakage of shafts or any defect or unseaworthiness in hull, machinery or appurtenances, equipment, furnishings, supplies or officers or crew of the yacht or its launches or watercraft; caused by fault or neglect of the Company, Company’s Party, Owner, Skipper, tugs, officers or members of the crew, agents, independent contractors; caused by the quality, nature or consequences of medical or surgical treatment; caused by your or Passengers’ or third-party negligence or caused by your or Passengers’ breach of this agreement; or which results from your, a Passengers’, or a third-parties acts, omissions or defaults or any person acting on your or a Passengers’ behalf, or which results from the acts, omissions or defaults of, or any claims asserted by, you or the Passengers on the yacht. The Company or Company’s Party are not liable for injury, illness or death of you or any Passenger or for any acts or omission of the Lead Charterer, Passengers, Owner, or the vessel’s Captain and Crew. Regardless of the situation or circumstances giving rise to a claim, you waive any right to seek consequential, punitive or exemplary damages against the Company or Company’s Party, for any reason whatsoever. The Company’s and Company’s Party maximum liability, for any reason whatsoever, will be limited to the Charter Fee paid by you to the Company. To the full extent permitted by law, the Company excludes all representations, warranties, or terms (whether express or implied) other than those expressly set out in these booking conditions. USE You agree that the chartered vessel shall be used exclusively for pleasure purposes. You agree not to assign or transfer this Agreement without prior written consent of the Company. AUTHORITY. Each person signing this Agreement represents and warrants that he/she is duly authorized and/or has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party’s obligations hereunder have been duly authorized, and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. Doc ID: 12d25402a598c8e8df59b5f6f4a600bf667e8397 WAIVER Except as provided herein, the failure to exercise a right or require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach. ARBITRATION All parties to this Agreement agree to submit to binding arbitration under the guidelines of the American Arbitration Association to resolve any dispute that should arise as to the provisions of this Agreement. Such dispute shall be referred to a panel of three arbitrators; one chosen by the Company, one by you and the third by the two arbitrators already chosen. Any litigation or arbitration arising from this charter or Agreement shall be held in the Company’s territory, unless another location is mutually agreed upon. Any prevailing party shall be entitled to costs, expenses, and attorney fees for litigation/arbitration for disputes arising out of this Agreement. COUNTERPARTS This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Photocopies, signatures reproduced by mechanical, digital or other means, and/or facsimile transmittal signature pages may be used instead of originals.