james@aquavitesse.co.uk  07768 684199

terms

DEFINITIONS
Terms and conditions “AVC” means the company Aqua Vitesse charters.
“Customer” means the person, company or organization booking a trip.
“Fee” means the cost of the trip as published on the AVC website or otherwise agreed in writing.

1. BOOKING
1.1 A booking will be provisional until AVC receives the following:
a. Deposit or Payment as defined in Section 2 below.
b. Customer name, address, telephone number and (if possible) an email address
1.2 upon receipt of the above AVC will confirm the booking in writing or by email.
1.3 These Terms and Conditions of Booking apply to all bookings confirmed to a Customer by AVC and by entering into a confirmed booking the Customer agrees to be bound by them (unless otherwise agreed in writing).
1.4 A copy of these Terms and Conditions of Booking is available on request, on the AVC website

2. DEPOSIT OR PAYMENT
2.1 A minimum deposit of £150 is required for booking the whole boat. The remainder of the fee is payable on the day.
2.2 On the day we can only accept cash as payment for the remainder of the fee, not cheques or credit cards.
2.3 For Individuals payment for the entire cost of the trip is payable in advance to secure the booking.

3. CANCELLATION BY CUSTOMER
3.1 More than 6 weeks before the booked date then the Deposit or Payment is returned.
3.2 Less than 4 weeks before the booked date then the Deposit or Payment is forfeited.
3.3 Less than 2 weeks before the booked date then the full Fee is payable.
3.4 If the Customer requests an early return to harbour then the full Fee is payable.

4. CANCELLATION BY AVC
4.1 Due to bad weather either the previous day or on the morning of the trip, the Customer has the option of the Deposit or Payment being returned in full or moved to another suitable day.
4.2 Due to illness, mechanical breakdown or other unforeseen circumstances, the Customer has the option of the Deposit or Payment being returned in full or moved to another suitable date. In this case every attempt would be made by AVC to find another suitable boat, if suitable with customer.
4.3 AVC cannot be held liable for any loss incurred by the Customer in arranging the trip if AVC has to cancel the trip. Party trips /Hen/Stag day trips. If the sea is to rough to go out to sea{Skippers decision}the trip will continue in the shelter of the marina at the depart time that was arranged and the price reduced

5. WEATHER
5.1 The Customer MUST telephone AVC the evening before the trip before 1800 to check the weather is suitable for the trip to go ahead and finalize details. Telephone 07901 822375
5.2 Failure to telephone will be taken as acceptance by the Customer of any decisions made by AVC for the following day.
5.3 AVC decision is final with regard to the weather but we try to get out if possible with due regard to safety and common sense.

6. ALCOHOL, DRUGS AND SAFETY
6.1 Due to changes in insurance company requirements only a small quantity of low strength alcohol will be allowed on board and always at the discretion of the Skipper.
6.2 Drug abuse or excessive alcohol consumption will cause an immediate return to port.
6.3 Any injury or loss sustained on board must immediately be reported to the Skipper.
6.4 Children under 16 years old are only taken by prior agreement by GEC in writing.
6.5 AVC,s Vessel, Aqua Vitesse 2 is licensed for a maximum of twelve passengers and two crew.
6.6 Any medical conditions that might affect a customer during the trip MUST be reported to the Skipper at the time or booking or before departure.

7. Diving
7.1 The Customer shall be responsible for:
7.2 identifying the dive marshal and his reserve to the skipper, their ability and good conduct.
7.3 Any damage caused by the group to the vessel
7.4 The supply of; safe working condition of; and suitability of, all diving equipment likely to be needed by the group.
7.5 Notifying the skipper of type and depth of the dive site required
7.6 Notifying the skipper of all planned in water times
7.8 Any necessary diving permits
7.9 All cylinders being in test
7.10 The stowage of all divers’ equipment
7.11 AVC is not responsible for any equipment left onboard.

DIVING TERMS
8.1 All dives over 45m will be classed as a single dive day unless prearranged with the skipper
8.2 All dives over 45m at least 1 Nitrox drop tank per group should be available on board
8.3 All dives over 45m all divers are required to carry two DSMBs
8.4 A Normal days diving (under45m) will consist of a wreck dive and a shallower 2nd dive (wreck or drift) on the way back to port
8.5 All charters are based on 14 miles from Brighton marina any extra miles will be added to the charter fee.
8.6 The chartering group will be responsible for their own air fills

INSURANCE AND LEGAL
9.1 Anything you catch you can keep if above the minimum landing size and not subject to a temporary landing ban.
9.2 It is illegal to sell any fish caught on board.
9.3 AVC’s Vessel and Skipper are licensed to operate as required by the MCA – Maritime and Coastguard Agency.
9.4 AVC maintains £3 million Public Liability Insurance.
9.5 These Terms and Conditions of Booking and all other express and implied terms of the contract shall be governed and construed in accordance with the laws of England and the parties agree to submit to the jurisdiction of the courts of England and Wales.
9.6 Nothing in these Terms and Conditions of Booking shall affect the rights of Consumers.
9.7 All clauses and sub-clauses of this Agreement are severable and if any clause or identifiable part thereof is held to be unenforceable by any court of competent jurisdiction then such enforceability shall not affect the enforceability of the remaining provisions or identifiable parts thereof in these Terms and Conditions of Booking.

Aqua Vitesse Charters Revised March 2012

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