These booking conditions will form part of your contract with Fishing Zanzibar Co Ltd for all the arrangements you book with us.
1. Charter Deposits & Payment
- 1a. The Charterer shall pay to Fishing Zanzibar Co Ltd the deposit or full payment in order to confirm any charter bookings at which time these Conditions shall become binding. Payment of the deposit or full amount means you have accepted our quotation and you accept on behalf of your party the terms of these booking conditions.
- 1b. We will send you a confirmation invoice with the costs and details of your charter. It is your responsibility to check the details on the confirmation invoice and to inform us of any discrepancies immediately.
- 1c. The balance of your charter must be paid before your charter start date. If the balance is not paid on time, we may cancel your charter and apply the cancellation charges set out in paragraph headed “Cancellation or Amendment’ below. The charter deposit is non-refundable unless we are unable to honour your original booking request.
2. Booking Procedure & Requirements
2a. At the time of booking we require from you:-
- 50% Deposit
2b. Prior to departure, we will send you:
- Final balance invoice (to be paid in full prior to charter start date)
- Crew List & Next of Kin details to be completed & returned
Disclaimer of Liability form (to be completed on arrival)
3. Yacht Condition
In the case where any wilful damage is caused to the yacht or its equipment, Fishing Zanzibar Co Ltd reserve the right to charge accordingly.
4. Charter Period
In the event of the Yacht being unavailable on the charter start date, Fishing Zanzibar Co Ltd will endeavour to replace the Yacht with one of as similar type and specification as possible, to a value up to the total amount of the charter fee paid for the original yacht. Any discrepancy in the charter fees to be met by the Charterer. If a replacement yacht is not available Fishing Zanzibar Co Ltd will refund the Charter Fee. Fishing Zanzibar Co Ltd accepts no liability for any expenses incurred by or inconvenience caused to the Charterer as a result of such cancellation.
5. Cancellation or Amendment
- 5a. In the event of the Charterer cancelling the booking more than 30 days prior to the charter start date, Fishing Zanzibar Co Ltd will be entitled to keep the Deposit and refund any balance to the Charterer.
- 5b. In the event of the Charterer cancelling the booking within 30 days prior to the charter start date the charter fees are not refundable. If Fishing Zanzibar Co Ltd is able to re-charter the Yacht for all or part of the charter period, a proportion of the charter fee may be refunded at the discretion of Fishing Zanzibar Co Ltd.
- 5c. Fishing Zanzibar Co Ltd may cancel the booking at any time upon repayment to the Charterer of all sums already paid.
- 5d. Cancellation must be received in writing.
- 5e. If you wish to make any amendments to your charter we will make every effort to accommodate these but they may be subject to a sum of $20 to cover our administrative costs. Requests for amendments must be made in writing.
6. Obligations of the Charterer
- 6a. The details provided by the charterer on the Liability Release are complete and accurate.
- 6b. Not to carry any crew other than those persons specified on the Crew List.
- 6c. Not to bring aboard any restricted or illegal goods such as drugs, firearms or explosives.
- 6d. The Charterer will not sub-let or part company with the Yacht without the prior written consent of Fishing Zanzibar Co Ltd.
- 6e. There shall be no smoking below deck or while handling sails, by any person.
- 6f. The Charterer will limit the number of his party to not more than the number allowed for in the provision of safety equipment.
- 6g. The Charterer undertakes to comply with all seagoing rules and regulations currently in force. For skippered charter, to obey the reasonable requests of the appointed skipper.
- 6h. No animals or pets may be taken aboard.
7. Obligations of Fishing Zanzibar Co Ltd
- 7a. To deliver the Yacht to the Charterer at the Home Port on the charter start date in good and seaworthy condition.
- 7b. If during the charter period the Yacht shall be damaged or there is a breakdown of the gear or machinery not caused wholly or in part by the neglect of the Charterer and the Yacht is unfit for use (at Fishing Zanzibar Co Ltd’s discretion) a pro-rata return of the charter fee may be made for the lost time. Engine breakdown in an auxiliary Yacht does not make the Yacht unfit under this agreement.
Should the Skipper determine the weather to be unsuitable or dangerous for sailing, he may take the decision not to sail the Yacht in these conditions. The charterer & crew must respect his decision, even if this may lead to postponement or, in extreme cases, cancellation of the charter.
9. Termination and Repossession
In the event of it coming to the attention of Fishing Zanzibar Co Ltd that the Charterer is in material breach of any of these conditions, Fishing Zanzibar Co Ltd may forthwith terminate this Agreement and take whatever steps are necessary to take possession of the Yacht wherever it may be. Such termination and the taking of possession shall be without prejudice to any rights and remedies which may have accrued to Fishing Zanzibar Co Ltd prior to the date of such breach.
10. Force Majeure
No liability shall accrue to either party if the other is prevented from fulfilling any of his obligations hereunder by any incidence of Force Majeure, including Act of God, strikes, lock out, Act of Government or Authority or any other occurrence whether similar or dissimilar wholly beyond the control of either party.
11. Law & Disputes
This Agreement is subject to Zanzibar law. In the event of a dispute arising under this Agreement, the parties agree to use reasonable endeavours to resolve such a dispute by negotiation. If such negotiation fails, any dispute arising under this Agreement shall be submitted to the jurisdiction of the Courts of Zanzibar.