Sailing Catamaran Adventures 50' Catamaran La Paz, BCS MX (6 Cabin, Max 12 Pass)

12 - INSURANCE AND DEDUCTIBLE   12.1 The Vessel is insured during the charter period against all accidental damage, including damage to third parties.  12.2 The following are excluded from the scope of the insurance, whether for the Client or any person onboard and are therefore not covered:        -      Theft or loss of personal effects        -      any accident they may suffer on board or during the charter period        -      any damage caused by a voluntary or intentional act        -      any violation of the rules governing the use of the Vessel.  12.3 In the event of any damage, including to third parties or theft, the Client must record the incident in the logbook and immediately alert SCA. In the event of damage involving a third party, the Client must make a declaration with the said third party and possibly make a reply declaration to that of the third party with the full details of the said third party and its insurers. Failure to do so will result in non-insurance of the damage.   12.4 The insurance cover taken out by SCA includes a deductible, relayed by a variable security deposit, which will be payable by the Client. The Client therefore remains his own insurer for any loss or damage whatsoever, including that caused to third parties, up to the amount specified in the special conditions of the Charter Contract.  12.5 Sailing Catamaran Adventures offers a total reduction of this excess subject to additional contractual billing ("Essentials pack"). This additional charge is compulsory for skippered charters and in most SCA destinations, as indicated in the booking confirmation. The Essentials Pack covers the amount of the deductible due in the event of damage. However, it does not exonerate the Client in the event of excluded damage as provided for in Article 12.2.  12.6 In cases where the "Essentials Pack" is not subscribed to, the Client must pay a security deposit, the amount of which is shown on the Special Conditions. It will be retained by SCA in the event of insured damage and to repair any damage that the Client may have caused during the charter, without constituting a liability ceiling.  12.7 In all cases, whether with the "Essentials Pack" subscription or the security deposit, all damage caused as a result of a deliberate violation by the Client of the Vessel or the third party having rented the Vessel of the obligations (e.g.: willful damage, violation of these sailing conditions, etc.) must be repaired. The amount of the guarantee deposit or "Essentials Pack" is intended to advance costs in the event of damage or liability incurred by the Client, but in no way constitutes a limitation of liability.  12.8 SCA shall not be obliged to provide the Client with a replacement vessel or to pay any compensation in the event of immobilization of the rented Vessel due to accidental damage during the charter. In the event of loss or damage to valuable equipment such as an outboard motor or dinghy, the Charterer will be entitled to an immediate replacement during the charter, if a separate security deposit of $2,000 USD is paid to cover the replacement equipment.  13 - EXTREME WEATHER  13.1 Neither Party shall be liable for the non-performance, in whole or in part, of its obligations under this Contract if such non-performance or delay in its contractual obligations is due to an event of Extreme Weather, such as, but not limited to, governmental decision, law (obligation of maritime assistance), war (whether a state of war is formally declared or not or whether it is a civil war), threat to personal safety (such as hostage taking, kidnapping, assassination, bombing, suicide attack, boarding, acts of piracy), explosion, civil unrest, act of terrorism, uprising, insurrection or coup d'état, sabotage, fire, flood, drought, monsoon, natural disaster, cyclone, particularly tropical cyclone, named meteorological phenomenon, epidemic, quarantine, confinement, disruptions to sources of supply (particularly of energy, raw materials, etc.) or transport, blockage of transport routes (canal, port access, port congestion), strike, lock-out, or any other event beyond its control. 13.2 The affected Party shall notify the other Party by any available means as soon as possible of the occurrence of an event of Extreme Weather.   13.3 In the event of delay or failure to perform based on an event described above that does not permit charter as scheduled:        -      All charter payments will be credited towards future charters.         -      SCA will make proposals to the Client to enable him to book a new charter, at a new location or on new dates, or both, depending on the Client's availability and preference.        -      SCA shall not be liable for any additional costs incurred by the Client as a result of changes to its charter due to an Extreme Weather event.  14 - LIMITATION OF LIABILITY   14.1 SCA  is only liable in the event of gross negligence on the part of SCA.  14.2 The Vessel is insured under the conditions set out in Article 12 and the Client agrees to waive any recourse against SCA for amounts exceeding the reimbursements made by the insurers in application of the policy and Article 12, before any jurisdiction whatsoever.   14.3 In the case of personal injury, SCA's overall liability, whatever the basis and nature of the action brought against SCA, may in no case exceed $10,000 (ten thousand USD).  14.4 In no event will SCA be liable for any consequential and/or indirect damages, such as loss of use time, data, operations, profits, business, revenue, goodwill, anticipated savings, reputation,transportation of any kind, and more generally, losses of an economic or financial nature, whether considered indirect or arising directly from the event giving rise to the claim for compensation.