|4. LIABILITIES OF THE OWNER AND OF BROADBLUE
(1) The liability of the Owner or its agents to the Party whether in contract or tort or however arising directly or indirectly in connection with the charter contract, shall so far as permitted by law be limited to £1000 in respect of each and every occurrence of damage, loss or expense incurred or suffered by the Party.
(2) Any court action brought by the Party against the Owner or its agents arising directly or indirectly in relation to the charter contract (including in tort) must be commenced within two years of the date of the signing of the Booking Form by the Party Leader
(3) Notwithstanding anything else contained in this Agreement, neither the Owner or its agents shall be liable to the Party whether in contract or tort or otherwise arising
(i) for any indirect, incidental, special or consequential loss or damage in connection with or arising out of the charter of the yacht or any related matters of
(ii) for any failure on the part of the Owner or its agents to perform any of their obligations either express or implied, where performance is prevented or impeded by circumstances beyond their reasonable control ("force majeure"), including storms, earthquakes, acts of government or of officials (whether lawful or otherwise), industrial disputes, mechanical breakdowns, wars or civil disorder.
(4) If, as a result of force majeure, it becomes necessary in the Owner's reasonable opinion for the Owner to cancel a charter, refunds will be made subject to the deduction of all of the reasonable expenses of the Owners or its agents. No other recompense will be made.
|(5) The Owner or its agents may at any time on reasonable grounds (e.g. unavailability of yacht) alter the timings of the commencement or termination of a charter or make available a different vessel. In these circumstances refunds of up to 25% of the price of the charter contract will be made at the reasonable discretion of the Owner or its agents.
(6) The Owner and its agents are not agents for airlines, hotels, restaurants, villas, airport or onward transfer arrangements or any other services, unless expressly stated in writing. The Owner and its agents are not liable therefore for any loss, damage or injury, delays or inconvenience incurred or suffered by the Party in relation to the foregoing.
(7) The Owner or its agents shall not be liable under any circumstances for any loss or damage incurred by the Party to personal property brought on board the yacht.
(8) All written material provided for the Party has been prepared with care and the Owner or its agents shall not be liable for errors or omissions in such material where these were made in good faith and have resulted from changes in circumstances between the date on which such materials were prepared and the commencement of the charter.
(1) Charter costs include the benefit of the Owner's hull insurance and a copy of the relevant policy will be supplied on request.
(2) All members of the Party must take out holiday insurance either in a form approved by Crusader on the Owner's behalf or as arranged by Crusader. Either a copy of the Party's travel insurance certificate or the premium payable for Crusader-arranged insurance together with a properly completed proposal form must accompany the Party's
|Booking Form and deposit. Details of holiday insurance arranged by Crusader and a proposal form are contained in the Crusader promotional folder.
6. WARRANTY OF EXPERIENCE
The Party warrants that the details of previous experience contained in the Booking Form are correct in every material respect and agrees to indemnify and hold harmless the Owner and its agents against all damage, loss or expense suffered by them and each of them in reliance on this warranty. WARNING: BREACH OF THIS WARRANTY MAY INVALIDATE OWNER'S HULL INSURANCE
7. TESTING OF EQUIPMENT
The Party undertakes that they will on immediate embarkation of the yacht test as far as is reasonably practicable all of the equipment listed on the yacht's inventory and agree that the Owner and its agent shall not liable to them for any loss or damage which they and each of them may suffer which would not have occurred had the foregoing undertaking been properly performed.
The Party shall promptly report to Crusader any damage, injury or loss incurred or suffered by the Party, the yacht or equipment supplied, or by third parties to their persons or property during the course of the charter. Reports shall be an accurate and sufficient report of the relevant circumstances, including time, consequences, and names and addresses of individuals. Failure to receive timely and adequate reports may invalidate insurance cover of Owner and its agents.
The Owner reserves the right to alter prices for the charter of the yacht at any time prior to receipt of payment of the balance of the price of the charter being paid should there be an increase in the Owner or its agent's costs.
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