Carrer del Xiprer 11, casa 3
43892, Miami Platja
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These Terms & Conditions will form part of your contract with Chasing Blue Fishing Experiences (Erik Ouwens) (registered office: Carrer del Xiprer 11-13, casa 3, 42892 Miami Platja, Tarragona, Spain) for all the arrangements you book with us.
Charter Deposits & Payments
1a. The Charterer shall pay to Chasing Blue Fishing Experiences the Deposit upon returning the Charter Agreement within the required time stated on the Agreement at which time these Terms & Conditions shall become binding. Payment of the deposit means you have accepted our quotation and you accept on behalf of your party these Charter Terms & Conditions.
1b. We will send you a confirmation invoice with the costs and details of your charter. It is your responsibility to check the details on the confirmation invoice and to inform us of any discrepancies immediately.
1c. The balance of your charter must be paid at least 6 weeks before your charter start date. If the balance is not paid on time we may cancel your charter and apply the cancellation charges set out in the paragraph headed “Cancellation or Amendment” below. The charter deposit is non-refundable unless we are unable to confirm your original booking request.
Booking Procedure & Requirements
2a. At the time of booking we require from the Charterer:
· 25% Deposit (full payment if booking made within 6 weeks of charter start date)
· Completed Charter Agreement
· Passport copies of all Passengers
2b. On receipt of the completed Charter Agreement, passport copies and deposit we will send you confirmation of your charter in writing. No agreement shall exist between Chasing Blue Fishing Experiences and the Charterer until acceptance of this charter booking by Chasing Blue Fishing Experiences.
2c. 8 weeks prior to departure, we will send you:
· Final balance invoice
· Crew List Form
3. Charter Period
In the event of the Boat being unavailable on the charter start date, Chasing Blue Fishing Experiences will endeavour to replace the Boat with one of as similar type and specification as possible, to a value up to the total amount of the charter fee paid for the original boat. Any discrepancy in the charter fees to be met by the Charterer. If a replacement boat is not available Chasing Blue Fishing Experiences will refund the Charter Fee. Chasing Blue Fishing Experiences accepts no liability for any expenses incurred by or inconvenience caused to the Charterer as a result of such cancellation.
4. Cancellation or Amendment
4a. In the event of the Charterer cancelling the booking more than 6weeks prior to the charter start date, Chasing Blue Fishing Experiences will be entitled to keep the Deposit and refund any balance to the Charterer.
4b. In the event of the Charterer cancelling the booking within 6 weeks prior to the charter start date the charter fees are not refundable. If Chasing Blue Fishing Experiences is able to re-charter the Boat for all or part of the charter period, a proportion of the charter fee may be refunded at the discretion of Chasing Blue Fishing Experiences.
4c. Chasing Blue Fishing Experiences may cancel the booking at any time upon repayment to the Charterer of all sums already paid.
4d. Cancellation must be received in writing.
5. Obligations of the Charterer
5a. The details provided by the charterer on the Charter Agreement are complete and accurate.
5b. Not to carry any crew other than those persons specified on the Crew List.
5c. Not to bring aboard any restricted or illegal goods such as drugs, firearms or explosives.
5d. In the event of an emergency the Boat may be used to assist in the rescue of persons in peril on the high seas.
5e. There shall be no smoking below deck, by any person.
5f. The Charterer will limit the number of his party to not more than the number allowed for in the provision of safety equipment.
5g. The Charterer undertakes to comply with all seagoing rules and regulations currently in force. For skippered charter, to obey the reasonable requests of the appointed skipper.
5h. Animals or pets may be taken aboard after consultation with Chasing Blue Fishing Experiences.
6. Obligations of Chasing Blue Fishing Experiences
6a. To have the Boat ready at the Home Port on the charter start date in good and seaworthy condition complete with all items stated in the Boat’s Inventory. For the avoidance of doubt Chasing Blue Fishing Experiences does not warrant that the Boat is fit for sailing in dangerously bad weather conditions.
6b. To insure and keep insured the Boat against fire and all usual marine and collision risks and including third party risks to such an extent as Chasing Blue Fishing Experiences in its absolute discretion shall deem appropriate. In the event of any claim the excess on such insurance policy shall be payable by the Charterer. Such insurance policy does not cover injury to or loss of life of any person on board against which the Charterer should insure prior to the charter start date. Any other uninsured damage or losses on board the Boat shall be paid by the Charterer.
7. Termination and Repossession
In the event of it coming to the attention of Chasing Blue Fishing Experiences that the Charterer is in material breach of any of these conditions, Chasing Blue Fishing Experiences may forthwith terminate this Agreement without granting a refund. Such termination shall be without prejudice to any rights and remedies which may have accrued to Chasing Blue Fishing Experiences prior to the date of such breach.
8. Force Majeure
8a. No liability shall accrue to either party if the other is prevented from fulfilling any of his obligations hereunder by any incidence of Force Majeure, including Act of God, strikes, lock out, Act of Government or Authority or any other occurrence whether similar or dissimilar wholly beyond the control of either party.
8b. When in case of bad weather Chasing Blue Fishing Experiences is prevented from fulfilling its obligations (to be determined by the captain), the parties agree to a reasonable solution. No more than 60 (sixty) percent of the daily rate can be reimbursed when a complete day is lost.
Chasing Blue Fishing Experiences will always try to compensate lost hours by adding extra hours to the next days.
9. Law & Disputes
This Agreement is subject to Spanish law. In the event of a dispute arising under this Agreement, the parties agree to use reasonable endeavours to resolve such a dispute by negotiation. If such negotiation fails, any dispute arising under this Agreement shall be submitted to the jurisdiction of the Courts of Spain.
Erik is an extremely experienced guide who always has his guests' interests in mind. With his in-depth knowledge on a wide range of fishing methods he is able to cater for everyone's needs and wishes. Most importantly Erik is a cheerful chap with a professional approach to business. A joy to deal with.Chris T.