SEALINE CS38 - 2010 - Cannes Yacht Charter

YACHT CHARTER CANCELLATION POLICY 1. Political & Official Event Clause A. Regulatory or Government Restrictions If the charter cannot proceed due to: • Government orders • Port authority restrictions • Security agency directives Then: • The parties shall attempt to reschedule within [6–12 months], or • A credit note may be issued (subject to Owner approval) Refunds are not guaranteed unless explicitly agreed. B. Security Risk & Safety Clause The Owner reserves the right to cancel or terminate the charter if: • There is a credible security threat • Guest safety cannot be ensured • Authorities advise against proceeding In such cases: • Reasonable efforts will be made to reschedule • Refunds, if any, are at the Owner’s discretion minus incurred costs C. Reputational & Compliance Clause The Owner may cancel the charter if: • The event poses reputational risk • The Charterer or guests are subject to sanctions or legal restrictions • The event conflicts with applicable laws or regulations 2. Force Majeure Neither party shall be liable for failure to perform due to events beyond reasonable control, including but not limited to: • War, terrorism, civil unrest • Elections or political instability • Natural disasters • Pandemic or public health emergencies In such cases: • Parties shall prioritize rescheduling • If rescheduling is not possible, terms will be negotiated in good faith • 3. Bad Weather Conditions (Météo Marine – Météo-France) “Adverse Weather Conditions” shall be defined in accordance with official marine forecasts issued by Météo-France (Météo Marine service). Adverse Weather Conditions include, but are not limited to: • Issuance of a Bulletin Météorologique Spécial (BMS) • Forecast or observed winds of Force 7 Beaufort or higher • Sea state classified as rough, very rough, or high seas • Significant swell or wave height compromising safe navigation • Reduced visibility (fog, heavy rain, storms) affecting safety • Any official weather warning (orange or red vigilance) issued by authorities A BMS is specifically issued when weather conditions are considered dangerous for navigation, particularly from Force 7 Beaufort near the coast or higher offshore . A. Captain’s Authority The Captain retains sole and absolute discretion to: • Modify the itinerary • Delay departure • Interrupt or cancel the charter if weather conditions are deemed unsafe based on official forecasts or real-time observations. B. No Liability for Weather Adverse Weather Conditions shall not constitute a breach of contract by the Owner. No refunds shall be due in case of: • Itinerary modification • Delay or early termination caused by weather conditions beyond reasonable control. C. Rescheduling / Commercial Gesture At the Owner’s discretion, and subject to availability, the Charterer may be offered: • A rescheduled charter date, or • A partial credit noteThis remains a commercial gesture and not a contractual obligation. D. Safety Priority Both parties acknowledge that safety at sea prevails over all commercial considerations, and decisions based on official marine weather forecasts are final. 3. Owner Cancellation If the Owner cancels for reasons unrelated to the Charterer: • A full refund of all payments will be made, or • A comparable replacement yacht will be offered