TERMS & CONDITIONS OF THE TOUR/CHARTER

 

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1. THE CAPTAIN has complete control of the vessels course and passengers conduct as necessary for safety.

2. DAMAGE to the vessels furnishings and/or equipment will be the customer’s responsibility.

3. TIME If the vessel does not sail for any reasons beyond NYCbyBOAT control, the party will be held dockside and 15% of the yacht Charter fees will be refunded. If the vessel should be delayed, we will extend the cruise time to compensate for the loss of time. Should the Client request a delay in departure, cruise time will not be extended.

4. INSURANCE NYCbyBOAT represents that it has general liability insurance coverage in place in the amount of $500,000.

5. INTOXICATION NYCbyBOAT reserves the right to refuse service of alcohol beverages purchased by the Charter to any guest or subcontractors of the Charter who is under the age of 21 or obviously intoxicated.

6. CANCELLATION If the Charter must cancel, the monies will be forfeited. If the owner must cancel, the monies paid shall be refunded in full by the owner to the Charterer. NYCbyBOAT, reserves the right to cancel this contract pending approval of tickets and flyers for correct information, correction boarding time and sailing times, dates and locations.

7. MUSIC At no circumstance will there be music playing when we are in the marina. The music will start when we are out on the harbor. This is also the case when we are approaching the marina for docking. The music has to be turned off entirely.

8. EXCUSED NON-PERFORMANCE If for any reasons beyond its control, including but not limited to strikes, labor disputes, accidents, government requisitions, restrictions or regulations on travel, vessel operation, commodities or supplies, acts of war or acts of God, NYCbyBOAT is unable to perform its obligation under this agreement, such non-performance is excused and NYCbyBOAT may terminate this agreement without further liability of any nature, upon return of Charterer’s deposit. In no event will NYCbyBOAT be liable for/and consequential damages of any nature for any reasons whatsoever. If, for any reason, the vessel hereunder is not available for the Charter, NYCbyBOAT may substitute another vessel comparable to the quality of the vessel reserved and the Charterer agrees to accept such substitution.

9. UNLAWFUL ACTIVITIES Gambling activities, the use of drugs, disrobing, or any unlawful activities are expressly prohibited. A violation of this provision by Charter or its guest shall be grounds for immediate termination of the Charter and return to the pier.

10. INDEMNIFICATION To the extent permitted by law, Charterer agrees to protect, indemnify, defend and hold harmless NYCbyBOAT and its respective employees and agents against all claims, losses and damages to person or property, government charges or fines and cost (including reasonable attorney’s fees) arising out of or connected with the Charter including, but not limited to, the installation, removal or use of any displays or decorations of the vessel or any part thereof by Charterer or any guest, invite or agent of Charterer or any independent contractor hired by the Charterer, except those claims arising out of the sole negligence or willful misconduct of NYCbyBOAT.