PRIVATE CRUISE TERMS & CONDITIONS
Charter Services provided by Owner pursuant to this Agreement are subject to the following Terms and Conditions:
1. Owner agrees to let and Charterer agrees to hire the Vessel for the time above set forth. Owner shall exercise due diligence to see that the Vessel at the time and place of commencement of the voyage is in a seaworthy condition and reasonably fit for the intended service of carrying passengers on the intended voyage. Except as expressly provided in this Agreement, Owner makes no warranty and Owner expressly disclaims any warranty, express or implied. No duties owed or warranties made by Owner or Charterer pursuant to this Agreement shall benefit third persons, including passengers or guests of Charterer carried aboard the Vessel.
2. Owner reserves the right to substitute a Vessel, in Owners opinion, to perform the Charter Services.
3. Student or other groups under 18 years of age must be chaperoned by parents, faculty or staff members.
4. Charterer shall ensure that all alcoholic beverages and all non-alcoholic beverages are served only by the licensed concessionaire aboard the Vessel and that alcoholic beverages are consumed only by persons aged 21 or older. Charterer agrees that no guest of Charterer shall bring any beverages (alcoholic or non-alcoholic) aboard the Vessel. Owner reserves the right to confiscate and retain any and all beverages (alcoholic or non-alcoholic) brought aboard the Vessel without the written permission of Owner which permission may be withheld at Owner's absolute discretion.
5. Charterer hereby agrees that there will be no form of illegal gambling whatsoever conducted or permitted aboard the Vessel during the term of the charter.
6. Any rowdyism, misconduct, possession of unauthorized alcoholic beverage, illegal substances or illegal gambling on the part of Charterer's guests either in the loading area or on the vessel will not be tolerated and an immediate cancellation of the Charter or return to the pier will be ordered by the Captain or the Owner's representative; in which event Charterer shall be responsible for full payment of the stated compensation plus any damages or expenses, direct or indirect, incurred by Owner. If required by Owner, Owner will hire a pre-approved security service for security and crowd control issues for this charter and Charterer is responsible to apply for this additional cost for security and crowd control issues surrounding the event.
7. Charterer shall pay to Owner the replacement value plus 15% of all property and equipment lost or stolen and the cost of repair for all damage to the Vessel, and their furnishings and equipment, caused by Charterer or its agents, employees or guests.
8. Charterer agrees not to hire or employ any person(s) or company to perform services or sell goods aboard the Vessel without Owner's written consent, which consent may be withheld at Owner's absolute discretion. Without limiting the foregoing, no catering or entertainment services will be permitted on the Vessel without Owner's written consent, which consent may be withheld at Owner's absolute discretion. Any such person or company hired by Charterer shall not be considered to be a subcontractor or employee of Owner.
9. No refund of deposit shall be made unless Owner is given 60 days notice of cancellation.
10. This Agreement may not be assigned by Charterer, nor may Charterer subcharter the Vessel. Charterer agrees to comply with, observe and enforce all federal, state and municipal laws and ordinances in connection with the Charter Services.
11. Owner shall not in any event be liable for special or consequential damages, including without limitation extra expenses, loss of profits, or damages consequential upon loss of use, whether arising from Owner's negligence, breach of this Agreement or otherwise, and even if the possibility of such damages is or was foreseeable by Owner.
12. This Agreement shall be governed by the General Maritime Law of the United States and, to the extent state law is applicable, by the laws of the State of California. Any claim or dispute shall be decided by the United States District Court for the Northern District of California in San Francisco, California or, where that United States District Court does not have jurisdiction, by the Superior Court for the City and County of San Francisco, California.
13. If by reason of fog, peril of the sea, storm, stress of weather, strike or labor troubles, accident, breakdown, governmental restrictions or regulations or other similar or dissimilar causes beyond the control of Owner or from any cause that the vessel captain (“Captain”) or Owner may deem good and sufficient, including without limitation the prospect of a storm, gale or hurricane as decided by the Captain or Owner on the basis of official weather forecasts, Owner shall fail to fulfill this Agreement, such failure will not be considered a breach of this Agreement, nor shall Owner be held liable for any damages for such failure. If, due to any of the foregoing causes, Owner fails to commence the voyage, Owner shall refund to Charterer that portion of the stated compensation which Owner and Charterer determine to be equitable.
14. Charterer is responsible for any wharfage, dockage or landing fees.
15. Charterer agrees that without the prior written permission of the Owner, which permission of Owner may be withheld at Owner’s absolute discretion, Charterer will not use any Red and White Fleet name, images, logos, service marks, trademarks in any printed material or on the web in web related/internet uses.
16. The Captain shall be in complete control of the navigation of the Vessel and shall have the right to deviate from the aforesaid described route of the voyage where the Captain determines at his sole discretion that such deviation is necessary for the safety of the passengers or Vessel.
17. This Agreement shall not be deemed a personal contract of a kind, which would deprive Owner of the benefits of any exemption from or limitation of liability under applicable United States statutes, all of which benefits are expressly claimed and reserved by Owner.
18. Owner intends to charter its tour vessels to individuals and groups that seek to socialize in a unique and pleasant environment. Owner expects that such individuals and groups have prior personal relationships with the passengers being carried, such as family reunions, school reunions, church groups and similar type affiliations. Owner does not intend to charter to individuals or companies that sell tickets to the event on the internet, through flyers and similar solicitations to the general public or a broad segment of the public that lacks prior affiliation. In the event Owner learns that the charterer is selling tickets to the general public or a broad segment of the public that lacks prior affiliation, Owner reserves the right to cancel the charter at anytime. This right of cancellation is without any liability to the charterer who has violated the general purpose of the owner’s offering.
19. This Agreement represents the final and complete agreement of the parties for the Charter Services and all prior written and oral agreements with respect to the Charter Services are superseded by and fully integrated into this Agreement. Any modification or addition to this Agreement must be in writing signed by both parties.
Safety Guidelines: Cruising the Bay Safely
The safety of our guests, crew and contractors is the highest priority to all of us at the Red and White Fleet.
To ensure that you have a safe and enjoyable event with us, please familiarize yourself with the following safety and private charter guidelines, policies and recommendations
Safety Guidelines and Policies:
Private Charter Guidelines and Policies: