Terms and Conditions for Chartering the Vessel MV Sea Hawk  – Operated  by KM Services (Katrina) Ltd

Last updated 02/12/2023

Please bear in mind that you are entering into a contract with the owners/operators of the Charter Vessel Magic  for any purpose that involves the vessel leaving its usual moorings, based at Sovereign Harbour, Eastbourne, East Sussex.

PLEASE READ THESE TERMS AND CONDITIONS, INCLUDING THE ‘DISCLAIMER’ VERY CAREFULLY BEFORE SIGNING & ENTERING INTO THIS CONTRACT WITH US.

1. KM Services (Katrina) Ltd T/A Eastbourne Boat Trips hereby give notice that they will accept no responsibility, or be held liable for, any death, injury, loss, damage, delay, irregularity or additional expenses due to delays or changes in air / road / rail / sea or other outside services, strikes, war, weather or other such causes which may be caused by persons, events or conditions which are not under our express control.
2. Neither the skipper nor crew will accept liability for any accident or injury incurred by, or to, any passenger on board the vessel whilst on a general charter, or engaged in: sea angling, sight-seeing, photography, filming, diving etc. which is caused by the actions of themselves or any other passenger, however caused.
3. Any person (herein after known as ‘the client’) making a booking whether by telephone, email, text or letter, on behalf of another passenger, group or company warrants and confirms that he/she has the authority of that passenger, group or company and agrees to be bound by these Terms and Conditions in full on their behalf.
4. The client, whether an individual, group or company booking the vessel, is solely responsible for meeting the full cost of the trip and must ensure that any outstanding balance is paid in full before the charter commences. Unless otherwise agreed in writing with KM Services (Katrina) Ltd, clients are required to bring the correct money (cheques will not be accepted) for final settlement of any balance due before boarding the vessel each day of their booking(s) that have not been prepaid.
5. Any passenger that may require medical care or possible evacuation for a known or suspected illness or injury is to declare this illness or injury to the skipper or KM Services (Katrina) Ltd prior to boarding the vessel. This requirement is for your safety!
   NB. Do not forget to take any required medications prior to boarding, or to ensure to bring any medication with you if required to be taken whilst you are aboard the vessel.
6. We will endeavour to maintain our current prices but reserve the right to alter our prices in accordance with any unforeseeable increase in fuel prices etc. which may occur between the time of your booking and the actual day of the trip. The client will be notified prior to their departure date.
7. Boat departure time will be confirmed at the time of booking. You and all other members of your group must be ready to board the vessel at least 15 minutes prior to the scheduled departure time so that safety instructions, etc. which are required by law, may be undertaken.
8. If you and/or any members of your party fail to arrive and/or fail to be ready to board the vessel before the scheduled departure time, this will be treated in the same way as a late cancellation. Therefore, the price for that charter must then be paid for in full by the client or persons acting on their behalf. However, the departure time may be delayed following a telephone consultation between the skipper and client or persons acting on their behalf in the case of passengers being delayed whilst en route to the pick-up point by traffic or other non-foreseeable occurrence.
9. The scheduled return time at the pick-up point (subject to locks) will remain the same time as already agreed. However, the scheduled time may be extended following consultation with the skipper and at his discretion.
10. In all cases regarding the safety of passengers and the vessel, the skipper’s professional decision is final. The skipper may, at his discretion, refuse to carry passenger(s) and/or equipment on any charter relating to the safety of that vessel, its equipment, property, personal safety or the safety of other persons aboard the vessel. Any person(s) refused such carriage shall not be entitled to compensation. It is the client’s / member’s duty to ensure that any passenger(s) do not board the vessel in an unfit state or with excessive amounts of alcohol, or illegal substances.
11. No loud behaviour, caused either by drugs or the excess drinking of alcohol, etc. will be tolerated whilst onboard the vessel. Failure to observe these conditions will result in the termination of that booking and the client(s) will be returned to the nominated boarding point and have no claim of redress against KM Services (Katrina) Ltd.
12. All persons are required to furnish the supply of their own warm clothing, wet weather gear, and suitable foot / head wear. Persons failing to bring adequate clothing in respect of prevailing or expected weather conditions may, at the discretion of the skipper, be refused passage as this is a safety issue were the predicted sea and weather conditions can and may deteriorate rapidly.
13. If the vessel is hired for a specific purpose and weather or conditions prevent this, the skipper will make every effort to offer an alternative date agreeable to both parties. The client shall then have no further claim against the skipper or KM Services (Katrina) Ltd.
14. If the client cancels a confirmed booking before  30  days, then a refund of the deposit will be given minus a £10 card charge and booking fee and the client or individuals shall have no further claims against KM Services (Katrina) Ltd.
15. If the client cancels a confirmed booking within the period of 30 – 0  days before an agreed date, then the client(s) agrees to pay 100% of the total deposit, and the client or individuals shall have no further claims against KM Services (Katrina) Ltd. (We will of course reschedule your bookings to another date and if we can sell your, cancelled trip refund you.
16. No unaccompanied persons under the age of 16 will be carried and no minor under the age of 12 years shall be carried unless part of a whole charter and the consent of the skipper is obtained prior to boarding.
    NB. Whilst onboard, all minors are the sole responsibility of their parents/guardians. This responsibility also includes the supply of a suitable lifejacket Buoyancy Aids are not acceptable. (please discuss this with us if under the age of eight eight years old).
17. Any breakages, damage, loss caused to the vessel or any of its equipment resulting from the behaviour or carelessness of the client or any member of that party shall be met by the client / party in full.
18. The vessel is equipped with a toilet cubicle. Any persons who wish to use this facility must first agree to use it in accordance with the instructions displayed within this cubicle. – Only body wastes are permitted into this toilet – Strictly & under NO circumstances – is toilet paper, hand wipes, newspaper, paper towels, rag, tampons, sanitary towels, gum, etc. to be placed into this toilet. These banned items, if required to be disposed of, are to be placed into the soil bags provided within the cubicle and upon exit from the cubicle, placed into one of the trash bags to be found on deck. Failure to comply with these instructions which then results in blockage or damage to the toilet and/or its plumbing, pump/motor assembly etc., being directly attributed to any person(s) placing forbidden items into this toilet, resulting in the vessel having to be lifted ashore for any repair work to be undertaken, that person or party then agrees to meet all costs incurred to the owner whilst the vessel is ashore for any subsequent work to be undertaken.

DISCLAIMER

• I/we confirm that we accept the Terms and Conditions laid out by KM Services (Katrina) Ltd.
• I/we confirm that we will abide by the vessel’s safety brief which will be given and be available as required by law, before leaving the harbour.
• I/we confirm that I/we understand the hazards of boat travel.
• I/we understand that these hazards include, but not limited to drowning, slipping or falling whilst on board, being cut, struck by another vessel, passengers getting on / off the vessel, and all other perils not mentioned and involved with going to sea.
• I/we are fully aware of and expressly assume these and all other risks in making a boat trip.
• I/we confirm that I/we will comply with all requirements written or orally issued by the skipper or KM Services (Katrina) Ltd whilst on board the vessel.
• KM Services (Katrina) Ltd will be liable to me/us in respect of death or injury if caused by their proven negligence.
• KM Services (Katrina) Ltd will also be liable to me/us in respect of damage to my/our tangible property if caused by KM Services (Katrina) Ltd’s proven negligence, but such liability shall be limited to the cost of repair or the second-hand replacement value of that relevant item unless proven as newly purchased for that trip.

Payment received for a booking is confirming acceptance of these terms.