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Yacht Charter Booking Terms & Conditions


The Terms & Conditions was last modified on May 24, 2014.

  1. RESERVATION: This confirmation automatically initiates the terms below which are published in our rate sheet and on our website. Your Contract is with Triumph Ventures, Inc.   By signing this document it means you have read and accepted these booking conditions. The party leader, hereinafter referred to as the “Charterer”, will be responsible for the full cost of the charter including any insurance premiums, cancellation or amendment charges. A contract exists as soon as Triumph Ventures, Inc. issues your invoice. You should check the details of your invoice carefully to ensure that it accurately reflects the booking and costing you have requested and immediately inform us of any discrepancies. Triumph Ventures, Inc. may delegate the performance of any part of this agreement to its affiliates, employees, officers, directors, and agents who, hereinafter, shall be referred to collectively as “Triumph Ventures, Inc.”
  2. PAYMENT TERMS: 50% of charter fee is due upon booking. The outstanding balance is due upon boarding at dock, embarkation time.
  3. CANCELLATION TERMS: Any change in dates, are a cancellation. All changes to booking after confirmation are subject to a $30 administration fee. If cancelled 7 - 21 days (1 - 3 weeks) or more prior to departure, a $100 penalty and administration fee will be assessed. Cancellation less than 7 days prior to departure results in no refund of deposit.  If the charter is cancelled due to weather, which may occur up to a half an hour before departure, no refund is granted but a reschedule date will be provided.
  4. ACCIDENTAL DAMAGE, DEATH & INJURY: Triumph Ventures, Inc., strictly prohibits the use or consumption of illegal drugs on its Yacht(s) or at its facilities. The consumption of alcohol or drugs may increase the risk of injury around water and boats and the Charterer and their passengers accept that risk. Triumph Ventures, Inc., shall be held harmless from any and all claims or liability for property damage, personal injury or death arising from or related to, directly or indirectly, the use or consumption of alcohol or drugs, even if the property damage, personal injury or death is caused in whole or in part by the negligence of Triumph Ventures, Inc.,. This shall in no way limit or diminish Triumph Ventures, Inc.’s accountability for its negligence where the property damage, personal injury or death does not arise from or relate to, directly or indirectly, the use or consumption of alcohol or drugs.
  5. NO HANDICAP ACCESS: In consideration of the safety and comfort of the Charterer and their passengers, wheelchairs, scooters, strollers, walkers, cruches and other mobility enhancement devices are not allowed onboard the Triumph. Persons with mobility issues will have limited access to the Triumph. Specifically, persons with limited mobility will not have access to any offerings that include leaving the dock and cruising.
  6. SKIN DIVING & SWIMMING: Triumph Ventures, Inc., the Yacht owner and the insurance underwriters shall not be held liable for accidents, injuries or death due to swimming, windsurfing, kayaking or the use of snorkels, masks or allied equipment such as scuba equipment and sailboards.
  7. RUNNING EXPENSES: The Charterer agrees to pay any additional running expenses during the term of the charter, which have not been prepaid as part of the charter package. Such additional running expenses may include, but are not limited to, food and other consumable stores, fuel, pilotage, mooring and docking fees, port charges, cruising taxes and park permits, customs and provisions, and supplies for the Charterer and their party, as may be approved and accepted by the charterer.
  8. INSURANCE: The Yacht is covered by a standard marine Yacht policy insuring against; (1) direct physical loss to the vessel, subject to specified deductibles, and (2) bodily injury and property damage, subject to certain conditions and limits. The Yacht Damage Waiver (YDW) protects Charterer for loss or damage to the Yacht and its equipment less the specified deductible. However, Charterer remains responsible for loss or damage from grossly negligent or willful misuse of the Yacht, such as by operating the Yacht under the influence of alcohol or drugs, or failing to adhere to the Triumph Ventures, Inc., briefing or onboard instructions. The Charterer specifically acknowledges for himself/herself that Triumph Ventures, Inc., has the right to insist any charterer or guest involved take a drug/alcohol test administered by the police or a doctor after any incident involving the Yacht or its’ auxiliary equipment.  In the event of incident or damage, the Charterer must take all reasonable steps to minimize further loss; must report the incident immediately to Triumph Ventures, Inc.; and must promptly report to the local Authorities any damage or loss to people or other property. Failure to comply with these terms may void the insurance coverage and YDW.
  9. Disembarkation: The Charterer shall vacate the Yacht at the expiration of the charter at the release port specified, and the Charterer shall surrender the vessel’s equipment in as good a condition as delivered, fair wear and tear excepted as when embarked. The Charterer is responsible for allowing sufficient time for unforeseen contingencies which may delay the disembarkation from the Yacht per the stated time. If the Yacht requires unusual cleaning, or repairs due to Charterer and, or, Guests’ actions, Triumph Ventures, Inc., may charge the Charterer accordingly.
  10. RESTRICTED USE: The Yacht shall be employed exclusively as a pleasure vessel for the sole and proper use of the Charterer, his or her family, guests, employees and agents, during the term of this charter and shall not transport merchandise or engage in any trade, nor in any way violate the laws of the United States or of any other government within the jurisdiction of which the Yacht may be at the time and shall comply with the law in all other respects.
  11. NON ASSIGNMENT: The Charterer shall not assign this agreement or sub-charter the Yacht without the prior written consent of Triumph Ventures, Inc. Triumph Ventures, Inc. may assign its rights to payments under the charter.
  12. TERMINATION OF CHARTER & INDEMNITY: The Charterer accepts responsibility for the proper conduct of themselves and their guests. Triumph Ventures, Inc., reserves the right in our absolute discretion to terminate, without further notice, the charter for any Charterer who refuses to comply with the instructions or orders of Triumph Ventures, Inc., and whose behavior or competence in Triumph Ventures, Inc.’s opinion is likely to cause distress, damage, danger or annoyance to their crew, other customers, staff, any third party or to the property. Upon such termination Triumph Ventures, Inc.’s responsibility for the Charter’s charter ceases and shall not be liable for any costs incurred by the Charterer.   Additionally, no refund will be provided due to, but not limited to, such events as ‘seasickness’ of the charterer and, or, other guests, and, ‘less than pleasant’ weather events such as rain, etc., which might occur during the cruise.   However, a Coast Guard Small Craft Advisory, Warning, or worse, will automatically terminate any cruises and will qualify for rescheduling of the Charterers’ cruise.
  13. CREW: Triumph Ventures, Inc., shall provide a competent U.S. Coast Guard Certified Captain and such crew as may be appropriate, for the Charterer. Although the Charterer shall exercise destination selections for the Yacht, the Charterer shall depend upon the Captain/crew for the safe navigation of the Yacht and shall abide by the judgments of the Captain/crew as to sailing, weather, anchorages and pertinent matters. The Charterer shall not have the authority to discharge the Captain or crew.
  14. MISCELLANEOUS: It is understood that Triumph Ventures, Inc., is acting for and on behalf of the owner of the Yacht. Neither Triumph Ventures, Inc., nor the owner will be liable to any person for any loss, damage, injury, or death that results from the Charterer’s use of the Yacht. Triumph Ventures, Inc., makes no representations other than those contained in this Contract and any written materials provided as part of the booking procedures. Triumph Ventures, Inc., will not be responsible for any fees, expenses, airline tickets, hotel rooms, food, phone calls, or other expenses incurred by the Charterer for any reason whatsoever. The Charterer will indemnify and hold Triumph Ventures, Inc., and the owner of the Yacht harmless from and against any and all claims for loss or damage to property or injury to persons (including loss of life) resulting from use, operation, or occupation of the Yacht and related equipment or other Inventory by the Charterer or any guests, and from any claims whatsoever from loss or damage to personal property of the Charterer or any guests carried on the Yacht or dinghy. This Agreement shall be construed and interpreted in accordance with the laws of the State of Florida, with the exception of any admiralty or maritime claims, which shall be construed under the maritime, admiralty laws of the United States of America including the International Convention on Limitation of Liability for Maritime Claims 1976 as in effect. The venue for any proceedings hereunder shall lie in Broward County.


Please read these Terms & Conditions carefully.

 

 
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