T & C
GENERAL TERMS AND CONDITIONS OF Charter
The following terms and conditions form part of this agreement between Devan Audio Engineering (Pvt) Ltd (the company) and the hirer, which terms shall, for the purposes of these conditions, include all members of the party who are bound by this contract by reason of their signatures above.
- RESPONSIBILITIES OF HIRER
The hirer shall:
- acquaint himself/herself and all members of the party with the terms and conditions of this Contract;
- be responsible for the conduct of the members of the party for the duration of the charter.
2 BOOKING CONDITIONS
- a) A provisional booking will be held for up to 10 working days and will only be confirmed upon receipt of a non-refundable deposit of 50% of the total cost of the charter to secure the charter.
(b) If the deposit is not received within the period stated above, the Company may, in its absolute discretion, cancel the booking .
- c) The balance of the total cost of the charter shall be due and payable within 45 days prior to the date of departure, unless a different date is stated on the invoice.
- d) If the balance is not paid within the period stated above, the Company reserves the right, in its absolute discretion, to cancel the booking and the deposit shall be forfeited to the Company.
(e) The hirer shall forfeit the full charter fee:
(i) if the hirer cancels the charter at any time within 35 days of the date of departure; or
(ii) if the charter is terminated before the end of the trip; or
(iii) if there is a no show by the party for the duration of the charter period.
(f) In the circumstances set out in paragraph 2 (e) above, the Company shall endeavour to re-sell the charter and if successful shall issue the hirer with a refund, less an administration fee determined by the Company having regard to the ease or otherwise of securing an alternative hirer.
3 GENERAL CONDITIONS
- Authority of captain/driver: All the members of the party undertake that they will not interfere in any way with the operation of the boat and tenders by the Captain/Driver and agree that should he advise against any instructions given to him by the passengers, they will abide by his decision and that in all respects generally they shall accept his authority.
- Own risk: It is agreed that swimming, walking or use of tender boats is at all the passengers on board own risk, and the Company and its employees shall not be held responsible for any injuries, howsoever arising, including but not limited to attacks by wild life, or the consequences thereof.
- c) Condition of equipment: Whilst every effort is made to ensure the highest standard of maintenance of all the vessels and tender boats, engines, motors, pumps, refrigerators and other similar equipment, a breakdown or delay could occur at any time and the Company accepts no responsibility for the failure or for any loss and/or expense arising from such failure but undertakes to take all measures to rectify any such failures as soon as is humanly possible under the prevailing conditions.
- d) Exclusion of passengers: The Company reserves the right to refuse to accept or retain any person on charter at any time should such person’s physical or mental condition or general health condition, general attitude and deportment impede the operation of the charter or the welfare and enjoyment of other passengers.
- e) Damage to equipment: The hirer agrees to replace or pay for any equipment or fittings lost or damaged through the negligence of any passenger.
- f) Limitation of liability: The hirer hereby waives and abandons any and all claims against the Company, its agents, employees and representatives, in respect of death or bodily injuries sustained by any member of the party on the charter. The hirer further agrees that the Company will not be liable to compensate any member of the party for any loss of or damage to property sustained whilst on the charter or upon embarking or disembarking from the boat or tenders.
- g) Force majeure: The Company accepts no liability for any loss and/or damage that may arise or be suffered by the hirer or any member of the party as a result of force majure,
- h) Escalation: The Company reserves the right to amend the price of the charter and/or to raise a surcharge over and above rates quoted and/or moneys already received due to any increases in costs including Statutory increases.
- i) Binding contract: By virtue of the signatures hereon, members of the party accept and agree to the terms and conditions contained in this contract.