Booking
Terms and Conditions for 'Pamela P'
1. Definitions
Pamela P: The registered charter vessel.
The Owner: The registered owners of 'Pamela P'. Fred & Pat Buckingham
The Skipper: The person in charge of operations on board 'Pamela P' during
the charter.
The Hirer: The person or persons hiring 'Pamela P'.
The Charter: The hire period and agreed acceptable use of 'Pamela P' during
the charter period.
The Customers: Shall be construed as the Hirer and the persons in his group.
2. The payment for the charter of the vessel shall be the amount shown in the booking form paid in two instalments, the deposit to be sent with the completed and signed booking form and the balance to be paid not later than one month before the first day of the charter. In default of payment as provided in this clause the Owner shall be entitled to withdraw the vessel from service of the Hirer without preduduce to any other right or remedy he may have in respect of such non-payment.
3. Deposits cannot be refunded, and the full charter is payable unless a substitute Hirer for the same dates can be found. If successful any monies paid will be refunded less deductions for all expenses and allowances for any reduction in the rate or time of charter.
4. Provisional bookings can be accepted by telephone and will normally be held for 5 working days (but less if made within two weeks of the commencement of the charter).
5. The Hirer shall provide sufficient instructors and/or other competant persons to supervise all activities and the use of equipment and shall be responsible therefor. The Owner/Skipper and crew shall not be responsible for any accident or injury caused to any person or persons arising out of an activity or use of equipment involved in that activity.
6. The Hirer
shall be responsible for:
Customer's abilty and good conduct.
Any damage caused by the group to the vessel.
The supply of, the safe working conditions of, and the suitability of all
equipment likely to be needed by the group.
Making
sure all customers on the trip are qualified, experienced and fit for the
activities planned.
7. Where diving is the activity:
Identifying the dive marshal and his reserve to the skipper.
Notifying the Skipper of the type and depth of the dive site required.
Notifying the Skipper of all planned in water times.
All necessary diving permits.
All cylinders being tested.
The stowage of all divers' equipment.
Oxygen cleanliness where necessary.
8.The Owner only has insurance to cover the Customers while on board. The Customer's property and equipment is not covered by this insurance at any time and if left on the boat is at the customer's risk. No liability is accepted for Customers in the water.
9. Diving is normally restricted to a maximum depth 40 metres. Charter groups wishing to dive to a greater depth than 40 metres must disclose this at the time of booking.
10. All day charters are based on the carriage of a maximum of 12 passengers and the carriage of not more than 24 dive air cylinders and associated sport diving equipment.
11. Where the Customers wish to use either Nitrox,Trimix or any other mixed diving gas equipment the Owner must be notified at the time of booking in order that the weight and volume of the equipment can be assessed in order to prevent boat overload.
12. The Owner/Skipper reserves the right to insist on reducing the number of persons and/or equipment carried when he considers the weight and/or volume equipment to be loaded aboard the vessel exceeds that normally carried for compressed air sport diving and/or constitutes a safety hazard.
13. A day trip will not normally be for more that 8 hours to begin at a time agreed between the Owner/Skipper and the customer or his deputy.
14. The boat may be used by other persons during the evenings after the day charter has finished.
15. Day diving is based on a maximum of two dives per day per diver.
16. Day diving parties will not be permitted to use sleeping accommodation spaces reserved for liveaboard passengers.
17. The owner can not be held responsible for any problems obtaining fuel when away from the home port of Penzance.
18. No person shall bring hazardous or explosive substances aboard the vessel. Divers personal flares, recall devices and oxygen cylinders etc., must be declared to the Owner/Skipper on embarkation and stored strictly in accordance with his/her instructions. Oxygen may be decanted aboard the vessel with the express Owner/Skipper approval - ensuring all safety precautions are folllowed.
19. No person shall bring any illegal or banned substances aboard.
20. Neither party shall be liable if prevented from fulfilling any of its obligations by an accident or force majeure including an act of God, strike, lock out, act of Governemnt or any other occurence beyond their control.
21. The Hirer shall not be entitled to assign the benefits of this agreement to any third party without the prior agreement of the Owner and shall remain liable notwithstanding any agreement made by him.
22. No action taken by the Owner, or failure to act, or time allowed to the Customers or any failure by the owner to insist upon and enforce its strict legal rights shall constitute a waver of any of the provisions of the agreement which shall remain in full force and effect.
23. The Hirer undertakes to ensure that each member of the Charter Party is aquainted with and agrees to the terms of this agreement and no claim of whatsoever nature be brought against the Owner, Skipper or crew or any servant or agent of the Owner by the customer or any other member of the Charter Party.
24. The Hirer must choose the most suitable dives in agreement with the Owner/Skipper depending on the prevailing weather conditions and the experience of the divers.
25. The Owner reserves the right to cancel any booking due to adverse weather or sea conditions. In case of possible adverse weather or sea conditions any decision to cancel the charter will not be made before 19.00 on the previous day. If the charter is cancelled by mutual consent then the deposit may be used for a subsequent booking. If the decision to cancel is that of the Hirer no monies will be refunded.
26. In the event of cancellation by the Hirer due to weather where diving over 20 metres is possible, again no refund will be made, except at the discretion of the Owner/Skipper.
27. When working out of the home port, the charter is payable regardless of th weather and sea condition.
28. The Owner reserves the right to cancel any booking due to a commercial or long term contract.
29. The Owner reserves the right to cancel any booking due to mechanical failure.
30. Agreement to these terms and conditions is mandatory, together with a completed and signed booking form sent to the address in the 'contact us' section of this website.
