Private Sailboat Charter Terms and Conditions
In consideration of this charter reservation, Sailing NYC LLC and AmeriNav LLC agrees to reserve a vessel and to contract captains and crew.
Fees and Rescheduling
Charter fees are deemed earned upon placing a hold for desired date and time. Charterer's requests for rescheduling will be considered on a case by case basis and are subject to a rescheduling fee. The rescheduling fee is determined by the amount of notice given prior to the charter date and time and are as follows:
14 days or more prior to sail: $25
within 14 days of sailing: $100
24 -72 hours prior to sail: $200
Requests to reschedule within 24 hours or less from the start time of the sail are not accepted and Charterer is responsible for full payment, regardless of whether the scheduled sail occurs or not.
A 15% crew gratuity will be added to charters of 4 hours or more. A fee of $95 per hour will be assessed for early drop-off of goods / catering / drinks.
In the event of a cancellation by the Captain of the vessel due to severe weather conditions or mechanical failure, the sail will be rescheduled to a mutually agreeable date prior to October 31 of the current year at no additional charge. Refunds are not offered. Severe weather is determined solely by the Captain of the vessel.
The use of illegal substances is strictly forbidden on board the vessel. This includes underage use of alcohol or cigarettes. Non-compliance of this rule will result in the termination of the sail and no refund will be given.
Risks, Medical, & Disputes
Charterer understands and accepts that there is an inherent risk of personal injury or accident,"Risks", which may occur at marinas and aboard sailboats. Therefore, Charterer agrees to release and hold harmless Sailing NYC LLC and AmeriNav LLC, its members, employees and agents from all liability and responsibility for personal injury, property damage or wrongful death however caused, including, but not limited to, product defect or the negligence of the released parties.
Charterer has discussed the Risks with their invitees, and all invitees have agreed to release and hold harmless Sailing NYC LLC and AmeriNav LLC, its members, employees and agents in the same manner Charterer has in the above paragraphs. The foregoing notwithstanding, Charterer agrees to indemnify and hold harmless Sailing NYC LLC and AmeriNav LLC, its owners, employees, and agents from any claims brought by Charterer's invitees.
If it is necessary to obtain medical treatment for the Charterer or its invitees, regardless of cause, such expenses shall be paid by the Charterer. Authority is granted without limitation to Sailing NYC LLC and AmeriNav LLC and its assigns in all medical matters to hospitalize and treat the Charterer.
Disputes shall be governed by Federal Maritime law. In any action against Sailing NYC LLC and AmeriNav LLC, American Sailing Association, ,United States Sailing Ltd's, or its members, agents, partners, employees, or servants which results in a decision/judgment/decree/order/ stipulation or settlement substantially upholding Sailing NYC LLC and AmeriNav LLC / United States Sailing Ltd's / American Sailing Association position, the adversary party shall reimburse Sailing NYC LLC and AmeriNav LLC attorney's fees, court costs and expenses.