1. TERMS AND CONDITIONS: Included/Excluded: (unless otherwise specified under Additional Conditions): The charter fee includes the services of a Captain and Crew, bartender, fuel, and all expenses related to running of the vessel and use of on-board heads and cleaning.. The charter fee does not include (optional) crew gratuities, premium beverages and fine wines, excessive alcoholic consumption, off yacht excursions, dockage, cruising taxes and permits, telephone, airport transfers or similar expense incurred by the CHARTERER. ADDITIONAL TERMS AND CONDITIONS: CHARTERER and guests must find their own parking or use a form of transportation to be dropped off. 2. PAYMENTS: It is further understand that charter fees will be given directly to the OWNER. 50% of total Charter Fee’s are due upon or prior to the signing of this agreement. 100% of the charter fee and any other additional expenses as are due not more than ten (10) days prior to the charter date. CHARTERERS failing to pay within 10 days of the charter date/use of vessel will forfeit their deposit and be cancelled. It is further understood that the OWNER considers charter deposits non-refundable. 3. DEFAULTS IN PAYMENT: If there is default in payment, the OWNER shall be so advised by and have the right to cancel this Agreement without prejudice to his rights in respect of any arrears of charter money, or of any breach by the CHARTERER of the conditions contained herein. 4. CANCELLATIONS: Should the CHARTERER cancel before the charter term begins, deposits will be forfeited, and final payment schedule is below. When booking within a Beverage minimum, 50% of the $800 per hour minimum will be collected as a deposit and if minimum is met, it will be returned via check or back to the credit card used within 3 days of charter completion. In the event the minimum is not met, the credit card on file will be used to fulfill he remaining balance.Cancellation Policy*Refund Amount 30 days or more from charter date 75% No Refund if cancelled within 30 days of charter date. 6. FORCE MAJEURE: Force Majeure is defined as any cause attributed to acts of GOD, accidents, natural disaster, weather or other occurrences beyond the reasonable control of the OWNER, and not caused by the OWNER’S negligence. No warranty is made as the suitability of weather with respect to this charter. If a Named Storm threatens or is forecast to threaten the expected location of the charter yacht, as determined by the Captain in his/her sole discretion, the Captain shall have the option of terminating or canceling the charter any time that he/she deems necessary. No refund is provided for cancellation due to weather. 7. AUTHORITY: The OWNER warrants that the Captain meets all requirements necessary to legally command the yacht in the area chartered. While it is agreed the CHARTERER may determine the general movements and destination of the yacht within the boundaries of this Agreement, it is understood that the Captain is in full command,
and that the CHARTERER agrees to abide by his judgment as to clearance, sailing, weather conditions, anchorages and other pertinent matters. The Captain has the ability to rule a Charter unsafe and not leave the dock and or return to the Dock Early. 8. LIENS: The CHARTERER, his agents, and/or employees, have no right or power to permit or suffer the creation of any Maritime Liens against the yacht. The CHARTERER agrees to indemnify the OWNER for any charges or losses incurred as a result of a breach of this paragraph, including reasonable attorney’s fees. 9. NON-ASSIGNMENT: The CHARTERER agrees not to assign this Agreement or sub-charter the yacht without the OWNER’S consent in writing. 10. RESTRICTED USE: The CHARTERER agrees that the yacht shall be employed exclusively as a pleasure vessel for the sole and proper use of himself, his family, guests and servants, during the term of this charter, and shall not transport merchandise, or carry passengers for pay, or engage in any trade, nor in any way violate the Laws of any Government within the jurisdiction of which the yacht may be at any time, and shall comply with the law in all other respects. 11. NAVIGATION LIMITS: The CHARTERER agrees to restrict the cruising of the yacht to the Harbor of Newport Beach Only and no Sea entrance will take place unless cleared by the captain or management. 12. INSURANCE: The OWNER agrees to keep the yacht fully insured against fire, marine and collision risks and with protection and indemnity coverage for the full term of the charter period. The CHARTERER shall not be liable for any such loss or damage covered by such insurance. Failure by the OWNER to provide such insurance will burden him with the same responsibility as if the yacht were so insured. The CHARTERER may purchase additional Charter liability insurance at his/her expense. The OWNER shall not be held responsible for loss or damage to personal property or for any injury suffered by the CHARTERER, or any member of his party, during the term of this charter, regardless of whether any such loss or injury occurs on board the yacht or elsewhere, unless such loss, damage or injury is the direct and proximate result of OWNER’S sole negligence. More specifically, but without limiting the foregoing, the OWNER and his insurance underwriters accept no responsibility or liability for accidents, injuries or death related to the yacht’s dinghy, swimming and/or the use of snorkels, masks, or allied equipment (such as scuba equipment), water skiing, windsurfing, personal watercraft, spinnaker flying, halyard flying, or other sports equipment, whether or not supplied by the OWNER or CHARTERER. 13. ACCIDENTS: The OWNER agrees that should the yacht, after delivery, sustain breakdown of machinery, or be disabled, or damaged by fire, grounding, collision or other cause so as to prevent its use by the CHARTERER for a period of twenty-four (24) consecutive hours or more, or should the yacht be lost or said damage(s) be so
extensive that the yacht cannot be, or is not repaired within twenty-four (24) hours, none of the above being brought about by any act or default of the CHARTERER, the CHARTERER shall have the right to terminate the charter. The OWNER shall make a pro rata return of all charter fees to the CHARTERER from the time of such loss or damage. 14. DRUGS OR OTHER ILLEGAL ACTIVITIES: The use, transportation, or possession of illegal drugs or narcotics (INCLUDING MARIJUANA) or of any other contraband, or the participation in any other unlawful activity is strictly prohibited. The participation in any of these activities by CHARTERER, or by any guest of the party constitutes a breach of the charter and shall be cause for immediate termination of this Agreement without refund of any payments made by CHARTERER. CHARTERER will be held responsible for any loss or damage to the yacht due to any such violations and will be put ashore at the next port of call. 15. DELAYS. BREAKDOWNS. ACCIDENTS. In the event of delay, breakdown or accident during the charter term, Captain shall notify Charterer and Owner and allow Owner to resolve the problem. This includes but is not limited to mechanical failure, generator failure, grounding, collision or other cause which disables the yacht so that it cannot safely be used in navigation or is not habitable. If any such event is due to negligence or intentional acts of Charterer, his guests or invitees, then Owner shall attempt to remedy the problem so that the charter may be completed as long as mechanically possible to do so and cleared by the captain as being deemed safe, but no charter fee nor other payments made by Charterer shall be refunded and the costs to resolve the problem and redeliver the yacht shall be chargeable to Charterer. In this event, Charterer shall be responsible to transport charter party to original point of yacht departure or disembarkation. 16. REDELIVERY: The CHARTERER agrees to redeliver the yacht, her equipment and furnishings, free and clear of any indebtedness incurred for/by the CHARTERER, at the expiration of charter. The CHARTERER also agrees to be responsible for and to replace or make good any injury to the yacht, her equipment and furnishings caused by himself or by any of his party, less ordinary wear and tear, except to the extent such claims are covered by insurance as provided above. This means that the CHARTERER shall be responsible for any costs up to the amount of any deductible. Should the CHARTERER hinder the yacht’s redelivery to the place and time stipulated, for whatever cause, he shall pay the OWNER demurrage pro rata for additional charter time, plus any other losses the OWNER sustains related to the delayed redelivery. If the delay in redelivery is due to Force Majeure, the CHARTERER is not held responsible for any additional charter fees. Overtime charges will be incurred at $200.00 per 15 minutes to the CHARTERER if Group does not exit the Yacht at the exit time. 17. DISPUTE RESOLUTIONS:
Should the OWNER and CHARTERER be unable to reconcile any differences that may arise with respect to the charter or this Agreement, such dispute shall be submitted first to mediation before a mediator mutually agreed upon by the CHARTERER and the OWNER, with the cost thereof divided equally between the parties. The mediation will be in accordance with such rules as the parties may designate agree upon and in the event the dispute cannot be resolved by mediation, then either party may resort to an action as provided in paragraph 20. 18. VENUE: The venue of any action, including arbitration and mediation, arising from this Agreement shall lie exclusively in the Courts of the City and State of the OWNER’S residence, unless another place is mutually agreed upon in writing, and both parties shall submit to the jurisdiction of such court. 19. EXECUTION OF AGREEMENT: The OWNER and CHARTERER, whose signatures need not be affixed to the same copy of the YACHT CHARTER PARTY AGREEMENT, may transmit the Agreement by facsimile or other electronic means. The separately signed Agreement, and/or copies thereof, shall constitute a binding Agreement between the OWNER and the CHARTERER. 20. TRIP CANCELLATION INSURANCE: The CHARTERER acknowledges that trip cancellation insurance has been offered and that he/she has the choice of either accepting or declining such coverage. If CHARTERER accepts cancellation insurance from OWNER or other source it is the CHARTERER’S responsibility to understand the coverage’s offered from the insurance company. The OWNER shall not be held liable for any claims related to the travel insurance. This Agreement must be signed and returned within three (3) weeks of receipt by the OWNER or the OWNER’S representative via electronic means to the delivery address provided. Otherwise the CHARTERER has the right to cancel without penalty. I have read and understood the terms of this Agreement, plus all additional conditions and/or addenda listed above, before signing. Therefore, to the true and faithful performance of the foregoing YACHT CHARTER AGREEMENT, said parties hereto bind themselves, their heirs, executors, administrators and assigns, each to the other. IN WITNESS WHEREOF, the parties have hereunto set their hands on the date written below and have initialed each page of the Agreement. 21. ARBITRATION CLAUSE Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the Rules of the American Arbitration Association. Said arbitration to be held pursuant to Paragraph 17. To the performance of the foregoing agreement, the parties hereto bind themselves, their heirs, executors, administrators and assigns, each to the other. 22. WAIVER OF LIABILITY CLAUSE. In consideration for the said charter, the CHARTERER releases Michael Olivas and Newport Yacht Rental LLC from any and all liability relating to injuries that may occur during an activity, on location,
etc. This includes releasing liability that may occur while at sea, at port, or during the charter. CHARTERER is aware of the usual potential dangers while at sea, and acknowledges that if he/she or a member of their party gets hurt, they waive any claim of liability. CHARTERER is participating in this charter voluntarily, and have disclosed any conditions to OWNER that will increase their likelihood of experiencing injuries while engaged in this activity. Should there be an issue regarding this Waiver of Liability, CHARTERER agrees that paragraph 17 shall govern the applicable law and jurisdiction. Credit Card is held on file for final payment (If not received 10 days prior to Charter) and Damages to Yacht Only. 3.5% Credit Card Fee’s Will Apply on all transactions.
CHARGEBACK ABUSE POLICY AGREEMENT THIS CHARGEBACK ABUSE POLICY AGREEMENT (the \\\”Agreement\\\”) BETWEEN: NEWPORT YACHT RENTAL RENTAL HEREIN REFERRED TO AS THE COMPANY (the \\\”company\\\”) – AND \u2013 THE CUSTOMER HEREIN REFERRED TO AS THE CUSTOMER (the \\\”Customer\\\”) You agree not to file a credit card or debit card chargeback with regard to any purchase and instead abide by the dispute resolution procedures. In the event that you breach this agreement and file a chargeback, upon a resolution in our favor of the chargeback by either the credit card issuing bank, the credit card processor by VISA or MASTERCARD, you agree to reimburse us for any costs incurred in researching and responding to such chargeback, including without limitation, our actual costs paid to the credit card processor or our bank, other third parties and the reasonable value of the time of our employees and owners spent on the matter, as determined in our discretion in good faith. You further agree that all dispute resolution procedures below will be deemed waived by you, and that these amounts will be added to the original amount of the order, and that this total amount will then be immediately due and payable. If your chargeback is upheld, you agree to pay all of the same costs, in addition to the original purchase price, but we will use the dispute resolution procedures below to confirm and collect such amounts. In the event that a chargeback is placed or threatened on a service rendered, we also reserve the right to report the incident for inclusion in chargeback abuser database(s) of our choosing and in our sole discretion. The information reported will include name, email address, order date, order amount, IP address, full address, and phone number. Being listed on such databases may make it more difficult or even impossible for you to use (any of) your credit card(s) on future purchases with us or other merchants. Chargeback abusers wishing to be removed from the database shall make payment to us for any outstanding amount owed to us + $50 for processing and handling by wire transfer or such other means as we may require. It is agreed under this agreement that no chargeback will be rendered under this agreement. Damages In the event of an unforeseen occurrence under this agreement the customer shall not also do a chargeback if any damages occur which is not the fault of Newport Yacht Rental and shall be indemnified at all times if any damages which is not the fault of Newport Yacht Rental occurs. Indemnification The customer agrees to indemnify and hold harmless Newport Yacht Rental, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement. Dispute Resolution In the event a dispute arises out of or in connection with this Agreement, the Parties will attempt to resolve the dispute through friendly consultation. If the dispute is not resolved within a reasonable period then any or all outstanding issues may be submitted to mediation in accordance with any statutory rules of mediation. If mediation is unavailable or is not successful in resolving the entire dispute, any outstanding issues will be submitted to final and binding arbitration in accordance with the laws of the United States of America. The arbitrator\\\’s award will be final, and judgment may be entered upon it by any court having jurisdiction within the United States of America Modification of Agreement Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party. Time of the Essence Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision. Force Majeure Newport Yacht Rental shall not be liable for failure to perform its services, nor be deemed to be in default under this agreement for any delay or failure in performance resulting from causes beyond its reasonable control including but not limited to failure of performance by the other party, acts of state or governmental authorities, acts of terrorism, natural catastrophe, storm, flood, earthquake, riot, insurrection, civil disturbance, sabotage, embargo, blockade, acts of war, or power failure. Assignment Newport Yacht Rental will not voluntarily or by operation of law assign or otherwise transfer its obligations under this Agreement. Entire Agreement It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement. Enurement This Agreement will enure to the benefit of and be binding on Newport Yacht Rental and its respective heirs, executors, administrators and permitted successors and assigns. Governing Law It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the United States of America without regard to the jurisdiction in which any action or special proceeding may be instituted. Severability In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement. Waiver The waiver by Newport Yacht Rental of a breach, default, delay or omission of any of the provisions of this Agreement by Newport Yacht Rental will not be construed as a waiver of any subsequent breach of the same or other provisions. IN WITNESS WHEREOF the Parties has duly affixed their acknowledgement by accepting terms and conditions and signing below.