Terms and Conditions
1. AGREEMENT TO LET AND HIRE:
1.1 The Owner agrees to let the Vessel to the Charterer on the terms set out on the front page of this Agreement and on the terms and conditions set below;
1.2 The Charterer agrees to hire the Vessel and shall pay the Charter Fee and any other agreed charges, in cleared funds, no later than the dates and to the Account specified in this Agreement or as otherwise specified in any booking form;
1.3 The Charterer accepts these Terms and Conditions are a binding contract between the Owner and the Charterer and any other members on the cruise;
2. RESERVATIONS:
2.1 The Owner cannot make booking without a signed booking form, or a completed online reservation. A written or e-mailed confirmation sent to the Charterer by the Owner means the Owner has accepted the booking.
2.2 Reservations are only confirmed on payment of Deposit;
3. WEATHER:
3.1 The Owner will not operate if a typhoon signal 3 or above is hoisted, or in a black rainstorm or higher adverse weather conditions;
3.2 Charters and cruises will be postponed to a future date if a typhoon 3 or higher or an offical Blak Rainstorm Warning is issued two hours before the charter time. The booking can be re-booked within a 3-month period from the original charter date subject to availability;
3.3 If a typhoon 3 or above is hoisted during the charter, the captain will return to safe anchorage or disembark passengers at a jetty or pier. There will be no compensation for unused charter time;
3.4 If the weather becomes dangerous or unpredictable during the charter, the captain will take the vessel to safe harbour, away from danger. There will be no compensation for unused charter time.
3.5 The charter date cannot be changed for rain, Typhoon Signal 1, Thunder Warning, Yellow or Red Rain warnings or any other bad weather conditions. If the charter insists on cancelling the boat rental then any monies already paid (including deposit) will be forfeited.
4. BREAKDOWN AND DISABLEMENT:
4.1 If there is mechanical fault before delivery and repair cannot be made on time, the Owner will inform the Charterer as soon as possible and either provide a boat similar to the type of boat chartered as a substitute or full refund to the Charterer;
4.2 If there is mechanical failure during the trip, passengers will be returned to land. If the boat has spent more than half of its time during the charter and the destination has already been reached, no compensation will be given. Otherwise, full refund will be given to the Charterer.
5. OBSERVANCE OF THE LAW AND ONBOARD SAFTY:
5.1 Onboard safety is of paramount importance to the Owner and the Owner reserves the right to return the boat to the pier following any dangerous or reckless behaviour onboard by any passengers;
5.2 The Charterer and passengers shall afford the Captain /Coxswain or other crew members due respect a all times and shall obey any lawful request by the crew relating to boat safety or the security of boat passengers;
5.3 Smoking is prohibited;
5.4 The Charterer shall ensure that its guests and passengers comply with all the laws and regulations of Hong Kong during the cruise;
5.5 If the Charterer or any of the passengers shall commit any offence contrary to the laws of Hong Kong or cause damage to the boat or any of its equipment, the Charterer shall indemnify the Owner against all loss, damage and expense incurred by the Owner as a result.
6. GENERAL RULES AND REULATIONS
6.1 The Owner has a no-pet policy;
6.2 Bringing, supplying, dealing or using of illicit substances on board the Owner’s vessels is prohibited, as are firearms;
6.3 For the safety of all passengers whilst the boat is moving under power, there will be no dancing, no running, no jumping, no diving off decks and no swimming;
6.4 The Charterer shall ensure that there will be no swimming:
6.5 All menu and drinks items are subject to availability. We make every effort to provide all items and apologise in advance for any unavailability. Any Special food or beverage requirements may be subject to additional charges.
6.6 At the end of the charter, passengers are not permitted to take away any left over food or beverages off the vessel provided by Breakaway Hong Kong Limited. If a charter is postponed or cancelled and food has been prepared, no refunds for food will be given.
6.7 The Owner is under no obligation to refund any Charter Fees or assume any liability should a passenger or passengers become ill or seasick;
6.8 Breakaway is licensed for a maximum of 24 passengers only.
6.9 The Owner and its crew and staff reserves the right to terminate any charter without compensation or consultation under the following circumstances:
6.11 Any damage/s to the boat, unauthorised removal of items on board or loss caused by breach of these terms and conditions will be charged to the charterer. The repair costs must be settled before drop off.
6.12 The Owner reserves the right to change the course of a planned charter (including the pick up or drop off point)
6.13 Water Toy equipment including by not limited to inflatable Pool, inflatable sun tanning platform and kayak are subject to availability. The Owner is under no obligation to refund any Charter Fees or to provide advance notices to the charterer if any of the water toys is unavailable.
6.14 The Owner insurance policy does not cover any services that is provided by a third party services provider including but not limited to the speedboat service. The Owner and its/their crew will not be held liable for death, personal injury, loss or damage to property howsoever. The Charter and its passengers bearer their own risk and may consider taking out their own insurance.
6.15 Charter fee is the outstanding amount after deposit based on the final count of confirmed passengers (10 days in advance), not on the actual number of passengers attending the trip. In the case that the actual number is less than the final count of confirmed passengers, the charter fee will not be refunded.
7. BOAT HIRE CANCELLATION AND RE-BOOKING
7.1 To comply with Hong Kong law, all vessels are fully skippered and a licensed Captain provided;
7.2 The Owner reserves the right to reschedule, amend, or cancel the booking, due to unexpected equipment/mechanical failure or unforeseen weather circumstances.
7.3 The decision to cancel the charter is at the entire discretion of the Captain. If the Charterer decides the weather is not suitable and fails to arrive at the embarkation location will be no refund of Charter Fees.
7.4 If the Owner decides to cancel a charter, the Owner will reschedule in line with passengers’ preferences subject to availability. The Owner will contact the Charterer via mobile, sms and/or email two hours before the charter time. The Charterer will need to give us contact details when booking;
7.5 Clients may cancel their booking and receive refunds as according to the followings:
Cancellation made 6 weeks before charter:
Alternative date can be arranged on available day within 3 months from the original dates with no charge or 100% of the full amount received will be refunded.
Cancellation made 10 days before charter:
50% of the confirmed full amount will be charged.
Cancellation made within 7 days before charter; there will be a cancellation fee equal to 90% of the Charter Fee.
8. CATERING
8.1 Final numbers of passengers to go on the charter is required 7 days prior to departure. Catering cannot be cancelled inside this time and the catering will be charged regardless of consumption. No returns or storage for left over drinks is available. At the end of the charter, passengers are not permitted to take any left-over food or beverages (as provided by Breakaway Hong Kong).
8.2 Passengers are not permitted to use cooking facilities.
9. ATTIRE
9.1 The Charterer will ensure guests DO NOT wear black-soled shoes or hard shoes or high heel shoes as these can mark the decks or damage the deck. Comfortable loose clothing is recommended.
10. PERSONAL PROPERTY
10.1 Passengers are solely responsibility for themselves, their personal safety and their personal property that they may bring aboard. If there is loss of property on the boat, neither the Owner or its staff will not be held responsible for any loss, damage to personal property.
11. INSURANCE
11.1 The Owner has 3rd party insurance in terms of the marine legislation in Hong Kong but does not hold cover in respect of personal injury or loss of property in respect of the Charterer or its passengers. The Charterer and its passengers travel at their own risk and may consider taking out their own insurance;
12. MEDICAL
12.1 The Charterer agrees to advise the Owner in writing of any medical disability or illness (including allergies, and existing medical conditions) effecting any passengers. It shall be at the discretion of the Owner to refuse to accept a booking of a passenger where there is an unacceptable risk to the party and the Owner in doing so.
13. CHILDREN
13.1 Children (under the age of 12) must wear a life jacket when vessel is under way. Children are the sole responsibility of their parents. It is recommends a supervision ratio of one parent to one child. The Owner and Breakaway staffs do not offer a child minding service.
14. COUNTERPARTS
This Agreement shall be deemed to be executed by a party if that party has executed any of the following formats of this Agreement:
(a) an original;
(b) a copy;
(c) a facsimile copy;
(d) a pdf copy or copy produced by other electronic means;
(e) a photocopy of any of the above
each of which shall be binding on each party by whom or on whose behalf it is so executed, but which together shall constitute a single instrument binding on all the parties. For the avoidance of doubt, this Agreement shall not be binding on any party hereto unless and until it shall have been executed by or on behalf of all persons expressed to be a party hereto.
15. DISCLAIMER
The Owner and its/their crew will not be held liable for death, personal injury, loss or damage to property howsoever. The Charterer hereby releases, to the full extent permitted by state, law and equity, the Owner, the Vessel proprietor, and their employees and agents from all actual and contingent liability in respect of such personal injury, death, loss or damage not the responsibility of the Owner, the Vessel proprietor or the crew. It shall be the responsibility of the Charterer to make passengers aware that they travel on the vessel subject to these terms and conditions.
Ends
1. AGREEMENT TO LET AND HIRE:
1.1 The Owner agrees to let the Vessel to the Charterer on the terms set out on the front page of this Agreement and on the terms and conditions set below;
1.2 The Charterer agrees to hire the Vessel and shall pay the Charter Fee and any other agreed charges, in cleared funds, no later than the dates and to the Account specified in this Agreement or as otherwise specified in any booking form;
1.3 The Charterer accepts these Terms and Conditions are a binding contract between the Owner and the Charterer and any other members on the cruise;
2. RESERVATIONS:
2.1 The Owner cannot make booking without a signed booking form, or a completed online reservation. A written or e-mailed confirmation sent to the Charterer by the Owner means the Owner has accepted the booking.
2.2 Reservations are only confirmed on payment of Deposit;
3. WEATHER:
3.1 The Owner will not operate if a typhoon signal 3 or above is hoisted, or in a black rainstorm or higher adverse weather conditions;
3.2 Charters and cruises will be postponed to a future date if a typhoon 3 or higher or an offical Blak Rainstorm Warning is issued two hours before the charter time. The booking can be re-booked within a 3-month period from the original charter date subject to availability;
3.3 If a typhoon 3 or above is hoisted during the charter, the captain will return to safe anchorage or disembark passengers at a jetty or pier. There will be no compensation for unused charter time;
3.4 If the weather becomes dangerous or unpredictable during the charter, the captain will take the vessel to safe harbour, away from danger. There will be no compensation for unused charter time.
3.5 The charter date cannot be changed for rain, Typhoon Signal 1, Thunder Warning, Yellow or Red Rain warnings or any other bad weather conditions. If the charter insists on cancelling the boat rental then any monies already paid (including deposit) will be forfeited.
4. BREAKDOWN AND DISABLEMENT:
4.1 If there is mechanical fault before delivery and repair cannot be made on time, the Owner will inform the Charterer as soon as possible and either provide a boat similar to the type of boat chartered as a substitute or full refund to the Charterer;
4.2 If there is mechanical failure during the trip, passengers will be returned to land. If the boat has spent more than half of its time during the charter and the destination has already been reached, no compensation will be given. Otherwise, full refund will be given to the Charterer.
5. OBSERVANCE OF THE LAW AND ONBOARD SAFTY:
5.1 Onboard safety is of paramount importance to the Owner and the Owner reserves the right to return the boat to the pier following any dangerous or reckless behaviour onboard by any passengers;
5.2 The Charterer and passengers shall afford the Captain /Coxswain or other crew members due respect a all times and shall obey any lawful request by the crew relating to boat safety or the security of boat passengers;
5.3 Smoking is prohibited;
5.4 The Charterer shall ensure that its guests and passengers comply with all the laws and regulations of Hong Kong during the cruise;
5.5 If the Charterer or any of the passengers shall commit any offence contrary to the laws of Hong Kong or cause damage to the boat or any of its equipment, the Charterer shall indemnify the Owner against all loss, damage and expense incurred by the Owner as a result.
6. GENERAL RULES AND REULATIONS
6.1 The Owner has a no-pet policy;
6.2 Bringing, supplying, dealing or using of illicit substances on board the Owner’s vessels is prohibited, as are firearms;
6.3 For the safety of all passengers whilst the boat is moving under power, there will be no dancing, no running, no jumping, no diving off decks and no swimming;
6.4 The Charterer shall ensure that there will be no swimming:
- After sunset or
- Before sunrise
- Whilst under the influence of excessive drugs or alcohol
- In situation as instructed by the crew
6.5 All menu and drinks items are subject to availability. We make every effort to provide all items and apologise in advance for any unavailability. Any Special food or beverage requirements may be subject to additional charges.
6.6 At the end of the charter, passengers are not permitted to take away any left over food or beverages off the vessel provided by Breakaway Hong Kong Limited. If a charter is postponed or cancelled and food has been prepared, no refunds for food will be given.
6.7 The Owner is under no obligation to refund any Charter Fees or assume any liability should a passenger or passengers become ill or seasick;
6.8 Breakaway is licensed for a maximum of 24 passengers only.
6.9 The Owner and its crew and staff reserves the right to terminate any charter without compensation or consultation under the following circumstances:
- Underage drinking
- Excessive alcohol consumption by any passengers
- Passengers behave in a manner as assessed by any member of the crew which is deemed to be dangerous to themselves or any other person
- Passengers behave in a manner likely to damage or risk damage to the vessel, facilities or equipment on board.
- Any member of the crew witness or suspects any passenger/s of the abuse of illicit or prescription medications
- Any passenger fails to abide by Charter rules, terms and conditions as printed and enforced by Breakaway crew or representative
6.11 Any damage/s to the boat, unauthorised removal of items on board or loss caused by breach of these terms and conditions will be charged to the charterer. The repair costs must be settled before drop off.
6.12 The Owner reserves the right to change the course of a planned charter (including the pick up or drop off point)
6.13 Water Toy equipment including by not limited to inflatable Pool, inflatable sun tanning platform and kayak are subject to availability. The Owner is under no obligation to refund any Charter Fees or to provide advance notices to the charterer if any of the water toys is unavailable.
6.14 The Owner insurance policy does not cover any services that is provided by a third party services provider including but not limited to the speedboat service. The Owner and its/their crew will not be held liable for death, personal injury, loss or damage to property howsoever. The Charter and its passengers bearer their own risk and may consider taking out their own insurance.
6.15 Charter fee is the outstanding amount after deposit based on the final count of confirmed passengers (10 days in advance), not on the actual number of passengers attending the trip. In the case that the actual number is less than the final count of confirmed passengers, the charter fee will not be refunded.
7. BOAT HIRE CANCELLATION AND RE-BOOKING
7.1 To comply with Hong Kong law, all vessels are fully skippered and a licensed Captain provided;
7.2 The Owner reserves the right to reschedule, amend, or cancel the booking, due to unexpected equipment/mechanical failure or unforeseen weather circumstances.
7.3 The decision to cancel the charter is at the entire discretion of the Captain. If the Charterer decides the weather is not suitable and fails to arrive at the embarkation location will be no refund of Charter Fees.
7.4 If the Owner decides to cancel a charter, the Owner will reschedule in line with passengers’ preferences subject to availability. The Owner will contact the Charterer via mobile, sms and/or email two hours before the charter time. The Charterer will need to give us contact details when booking;
7.5 Clients may cancel their booking and receive refunds as according to the followings:
Cancellation made 6 weeks before charter:
Alternative date can be arranged on available day within 3 months from the original dates with no charge or 100% of the full amount received will be refunded.
Cancellation made 10 days before charter:
50% of the confirmed full amount will be charged.
Cancellation made within 7 days before charter; there will be a cancellation fee equal to 90% of the Charter Fee.
8. CATERING
8.1 Final numbers of passengers to go on the charter is required 7 days prior to departure. Catering cannot be cancelled inside this time and the catering will be charged regardless of consumption. No returns or storage for left over drinks is available. At the end of the charter, passengers are not permitted to take any left-over food or beverages (as provided by Breakaway Hong Kong).
8.2 Passengers are not permitted to use cooking facilities.
9. ATTIRE
9.1 The Charterer will ensure guests DO NOT wear black-soled shoes or hard shoes or high heel shoes as these can mark the decks or damage the deck. Comfortable loose clothing is recommended.
10. PERSONAL PROPERTY
10.1 Passengers are solely responsibility for themselves, their personal safety and their personal property that they may bring aboard. If there is loss of property on the boat, neither the Owner or its staff will not be held responsible for any loss, damage to personal property.
11. INSURANCE
11.1 The Owner has 3rd party insurance in terms of the marine legislation in Hong Kong but does not hold cover in respect of personal injury or loss of property in respect of the Charterer or its passengers. The Charterer and its passengers travel at their own risk and may consider taking out their own insurance;
12. MEDICAL
12.1 The Charterer agrees to advise the Owner in writing of any medical disability or illness (including allergies, and existing medical conditions) effecting any passengers. It shall be at the discretion of the Owner to refuse to accept a booking of a passenger where there is an unacceptable risk to the party and the Owner in doing so.
13. CHILDREN
13.1 Children (under the age of 12) must wear a life jacket when vessel is under way. Children are the sole responsibility of their parents. It is recommends a supervision ratio of one parent to one child. The Owner and Breakaway staffs do not offer a child minding service.
14. COUNTERPARTS
This Agreement shall be deemed to be executed by a party if that party has executed any of the following formats of this Agreement:
(a) an original;
(b) a copy;
(c) a facsimile copy;
(d) a pdf copy or copy produced by other electronic means;
(e) a photocopy of any of the above
each of which shall be binding on each party by whom or on whose behalf it is so executed, but which together shall constitute a single instrument binding on all the parties. For the avoidance of doubt, this Agreement shall not be binding on any party hereto unless and until it shall have been executed by or on behalf of all persons expressed to be a party hereto.
15. DISCLAIMER
The Owner and its/their crew will not be held liable for death, personal injury, loss or damage to property howsoever. The Charterer hereby releases, to the full extent permitted by state, law and equity, the Owner, the Vessel proprietor, and their employees and agents from all actual and contingent liability in respect of such personal injury, death, loss or damage not the responsibility of the Owner, the Vessel proprietor or the crew. It shall be the responsibility of the Charterer to make passengers aware that they travel on the vessel subject to these terms and conditions.
Ends
