Luxury 40" Sail Catamaran | Cozy Winter Sail | Alameda

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service. Bareboat Charter Contract. By booking a bareboat charter through our website, you agree to enter into our Bareboat Charter Contract. The terms and conditions of the Bareboat Charter Contract are incorporated herein by reference and form an integral part of these Terms and Conditions. You must read, understand, and agree to the Bareboat Charter Contract before making a booking. Booking and Payments. By making a booking with us, you agree to the terms of our Bareboat Charter Contract. Full payment of the charter fee is required at the time of booking confirmation. If the charter is booked less than 2 days prior to the charter date, full payment is required immediately. Cancellations and Refunds. Cancellations and refunds are subject to the terms set forth in our Refund Policy. Changes to Booking. If you wish to make changes to your booking, you must notify us in writing. We will do our best to accommodate your request but cannot guarantee that changes can be made. Additional charges may apply for changes made to the booking. User Conduct. As a user of our Service, you agree to abide by all applicable laws and regulations and to act in a responsible and courteous manner while using the Vessel. You also agree to comply with the terms of our Bareboat Charter Contract. Limitation of Liability. In no event shall our company, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose. Governing Law. These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Service shall be resolved through arbitration or other appropriate dispute resolution procedures. Changes. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service. Contact Us. If you have any questions about these Terms. Terms and Conditions - Bareboat Charter Agreement To Let And Hire. Whereas Charterer desires to bareboat charter the Vessel from Owner and Owner desires to bareboat charter the Vessel to Charterer under the terms and conditions set forth herein. Owner agrees to let, and the Charterer agrees to bareboat charter the Vessel for the Charter Period for use by Charterer as a recreational / pleasure vessel. Use Of Vessel. Charterer agrees that the Vessel shall be employed exclusively as a recreational/pleasure vessel for the sole and proper use of themselves, their family, guests, and servants during the term of this Agreement. Charterer shall not transport passengers for hire, transport cargo, or engage in any trade nor violate the revenue laws, or any other laws of the United States. The Vessel shall only be used within the Navigation Limits defined below. Navigational Limits. The vessel shall not navigate beyond the navigational limits set forth on page one above. Violation of these limits shall be considered as theft or conversion of the vessel and treated accordingly. The charterer agrees that all navigational limits are subject to weather, and the owner does not guarantee the destination. Running Expenses/Storage. Charterer agrees to pay all running expenses during the Charter Period, including, but not limited to, dockage, consumable goods, and any other expenses necessary to maintain the Vessel and its occupants in good order during the Charter Period. Compliance With Laws. The charterer shall ensure compliance with all state and federal laws, US Coast Guard regulations, and the laws and regulations of any jurisdiction into whose waters the vessel shall enter during the course of this agreement, for the duration of the charter. (1) If the Charterer or any of the Charterer's guests commits any offense contrary to the laws and regulations of any jurisdiction, resulting in the Vessel being detained, arrested, seized, or fined, the Charterer shall indemnify the Owner against all loss, damage, and expense incurred by the Owner as a result. The Owner may, by notice to the Charterer, terminate this Agreement forthwith. (2) Charterer shall be liable for fines, penalties, damages, and forfeitures as a result of negligence or intentional acts of the Charterer, the Charterer's Guests, or Invitees, and the Charterer shall indemnify, hold harmless, and defend the Owner for such acts. Vessel Operation. The charterer understands that no person shall operate the vessel if they are unable, physically or mentally, to operate in a safe and competent manner. Zero Tolerance For Drugs or Contraband. Charterer has been informed by the Owner of the U.S. Coast Guard's policy of "zero tolerance" for drugs aboard vessels and warrants to the Owner that there will be no illegal drugs or other contraband brought aboard the vessel at any time during the Charter Period or extension thereof. Charterer further agrees to fully indemnify the Owner for any losses the Owner suffers in the event of a breach of this covenant. Charterer further agrees to indemnify the Owner from any and all losses, fines, penalties, damage, and any other type of loss, including legal fees and costs through the appellate level, incurred by the Owner in defending any action brought against them by a governmental agency, whether local, state, federal, or foreign as a result of the violation of any governmental regulation or contraband laws. Vessel Survey / Inspection. If the Charterer desires, as part of this Agreement, they may request a survey of the Vessel at their expense to take place before the charter period and again at the end of the charter period to assess the Vessel's condition, or they may waive this right to survey. Damage. Charterer agrees to pay out of pocket for all uninsured loss or damage, excessive cleaning, or associated costs arising from the charter. No Swimming/SCUBA/Snorkeling/waterskiing from Vessel. The charterer shall not permit any swimming, scuba diving, snorkeling, water skiing, or towing of recreational water toys from the vessel. Vessel Weight Limit / Capacity. The charterer shall not exceed, or allow members of the charterer's party to exceed, the total passenger/weight capacity of vessels as listed on page one of this agreement. Waiver of All Warranties and Breakdowns. It is agreed by the parties that the Charterer has had an opportunity to inspect and survey the Vessel, at their own expense, and, subject to the provisions set forth below, accepts the Vessel as fit for any and all purposes. The Owner specifically disclaims all warranties, whether express or implied, concerning the seaworthiness of and/or fitness of the Vessel for a particular purpose to which the Charterer will put it. Tracker: The vessel is equipped with an electronic tracking device/system (“System”). The System is the property of the Owner and has been installed to protect the Owner's interests in the vessel by keeping track of its location. By signing this Agreement, the Charterer agrees that the Owner may use the System to track the vessel's location and the Owner may, in its sole discretion, call the Charterer during the charter if the vessel enters a geographical area that is either not safe or not recommended for sailing. Insurance, Liability and Indemnification. Owner shall, on behalf of Charterer and for its benefit, procure and maintain the following insurance to cover potential claims against Charterer and Owner, as provided herein, arising out of Charterer's use of the vessel as a recreational/pleasure vessel. Owner and Charterer agree to look first to said policies to cover any claims asserted which may be covered under them. Insurance: The Owner shall procure and maintain the following insurance related to the operation of the Vessel during the term of this Charter, including (1) Hull and Machinery Insurance to the full extent of the value of the Vessel; (2) Crew Liability Extension in a minimum coverage amount of $1,000,000; (3) Uninsured Boaters Coverage in an amount of $497,400 per occurrence; (4) Limited Pollution Extension in a minimum coverage amount of $1,000,000; and (5) Commercial Passenger Liability Extension in a minimum coverage amount of $1,000,000. Said insurance shall waive subrogation against the Charterer. Charterer shall be responsible for paying any deductible amounts that become due under any of these insurances without reimbursement from the Owner. Liability: Charterer shall be solely liable for any and all claims of any kind arising out of or related to this Agreement and the Charterer's use of the Vessel, howsoever caused (except those due to the gross negligence or willful misconduct of the Owner), including (1) claims within the deductible of the insurance policies required, (2) liability for covered claims in excess of the limits of said policies, (3) all claims which are not covered by the aforementioned policies, or (4) claims for which coverage is voided due to the violation of this Agreement by the Charterer. Indemnification: Charterer further agrees to defend, indemnify, and hold harmless Owner and Owner's agents, including but not limited to, against any and all claims arising out of Charterer's use of the vessel which are not covered by the insurance provided above for any reason, including Charterer's violation of this Agreement, and including claims which are below the deductible for such coverage or which are in excess of the policy limits of such policies. Manning Requirements. Charterer agrees that the Vessel will only be operated with an approved Skipper (the “Skipper”) aboard the Vessel throughout the Charter Period. Charterer warrants and agrees that they have or will use a Skipper experienced and competent in the handling of a yacht of the type and size as the Vessel, and that the Skipper will have the appropriate Coast Guard License and/or sufficient knowledge of seamanship, piloting, mechanical systems, and rules of the road to safely operate the Vessel in compliance with all applicable laws and regulations. Charter is free to select any skipper who is qualified to operate the vessel for the charter period. However, all skippers who are not pre-approved by underwriters prior to the commencement of the charter must be approved by underwriters prior to the vessel's delivery to the charter. In order to become approved by underwriters, each skipper must submit a resume and statement of relevant qualifications to underwriters. The approval process typically takes a minimum of three weeks. Charterer shall provide the name of its selected Skipper on Page One of this Agreement where indicated, and that individual shall be the only Skipper of the Vessel during the Charter Period. Operation of the Vessel by anyone else during the Charter Period is a violation of this Agreement and may result in the insurance being voided. For Charterer's convenience, the underwriters have pre-approved the Skippers listed in Appendix 1 to this Agreement, who have experience skippering the Vessel. Charterer agrees that it alone will be the employer of any Skipper selected by Charterer, and that said Skipper will be so notified and agree that they are not the employees or borrowed servants of the Owner, and will make no claims of any kind against Owner on the basis of any alleged employment relationship. Liens. Charterer, their agents and employees have no right to empower or permit or allow the creation of any maritime liens against the aforementioned Vessel. Charterer agrees to indemnify, defend and hold the Owner harmless from any charges, suits, liens or losses in connection therewith, including reasonable attorney's fees. Non-Assignment. Charterer may not assign or sub-charter the Vessel without the Owner's prior written permission, which may be withheld for any reason at the Owner's absolute discretion. Responsibilities. Charterer agrees to promptly report any damage to or problems with the Vessel to the Owner. If Charterer does not promptly report the damage immediately to the Owner, it is a breach of this Agreement. Bareboat Charter. This Charter is, and at all times shall be construed as, a Bareboat Charter and the Charterer assumes all the responsibilities as if he were the owner of the vessel, subject to the provisions herein. Charterer further agrees to indemnify, defend, and hold the Owner harmless from and against any claims, liens, or suits that arise out of or are related to this Agreement, save and except as provided in Paragraph 4 Limitation of Damages. Notwithstanding anything to the contrary set forth in this Agreement, any damages awarded on account of a breach of this Agreement shall be limited to actual, out-of-pocket monetary damages and shall not include consequential, indirect, special or punitive damages.