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1. These Terms and Conditions apply to all charter agreements made between 2012 Marine Ltd (‘the Company’) and any Client to whom the Company charters a vessel. The Charter Fee shall mean the fee payable by the Client to the Company for the entire charter of the vessel supplied by the Company.

2. The signature of a Client or a person authorised by the Client on the booking form will constitute acceptance of these Conditions by the Client.

3. A Deposit of 25% of the Charter Fee is payable upon the booking of a charter and the remaining 75% of the Charter Fee is payable 14 days prior to the commencement of the charter. Any bookings made less than two weeks before the starting date of a charter must be accompanied by the full charter fee.

4. Any cancellation by the Client made more than 14 days in advance to the commencement of the charter will entitle the Client to the return of the Deposit, however, the Client shall not be entitled to any refund of the Deposit should the Client cancel the charter within 14 days of its commencement.

5. A Security Deposit the value of which the Client will be informed of at the time of booking, will be due 7 days before the commencement of the charter. The Security Deposit will be used to indemnify any cost incurred by the Company for loss or damage to property of the Company caused by the Client. The Security Deposit will be held by the Company and returned to the Client within 14 days of the end of the charter, on the basis that no damage or loss has been suffered by the Company.

6. The Charter Fee includes the costs of mooring the vessel, insuring the vessel, the use of all safety equipment contained on the vessel and the provision of a skipper, however it does NOT INCLUDE fuel or travel costs incurred in any delivery of the vessel nor during the course of the charter itself.

7. Acceptable means of payment of the Charter Fee, Deposit and Security Deposit and any other costs relating to the charter are personal or company cheque, (provided that 7 days are allowed for clearance), BACS, bankers draft or cash.

8. The Company reserves the right to modify, postpone or cancel any charter at its absolute discretion in the event of adverse weather or other conditions relating to the safety of the charter party, the charter crew or the vessel itself. In such cases the Company’s liability is limited to the return of the Charter Fee, the Deposit and Security Deposit and it shall not be liable for any delay or other consequential loss which the Client might suffer.

9. The Company shall be released from its obligations under this contract in the event of national emergency, war, riot, civil commotion, strikes, disaster, acts of terrorism or if any other cause beyond the reasonable control of the Company renders the performance of its obligations under this agreement impossible or inadvisable in the reasonable opinion of a director, agent or employee of the Company.

10. The Client is required to provide the Company with a list of persons to be included in the charter party. All Clients are hereby advised that an average standard of physical fitness is necessary and the Company must be informed on booking of any physical or medical handicaps, which might affect the safety of the charter party or charter crew. The Company reserves the right to refuse to accept a member of a charter party on any charter.

11. All members of charter parties are required to wear life jackets throughout the entire duration of the charter while aboard the vessel.

12. If the charter is terminated away from the Company’s home berth of Lymington, point of departure or designated point of return as a result of mechanical failure the Company will reimburse reasonable travel costs incurred by the charter party in their return to the home berth

13. If a member of a charter party requires to permanently leave the vessel at anytime during the charter, then they will be delivered to the nearest safe port harbour at the discretion of the skipper. No refund of the Charter Fee shall be due and no consequential travel costs incurred by any departing members of the charter party will be borne by the Company.

14. Clients are required to carry out the instructions and orders of the skipper and of any of the Company’s employees or agents at all times during the charter.

15. Smoking on the Company’s vessel is strictly forbidden and alcohol may only be consumed n moderation and further only at the discretion of the skipper or other employee or agent of the Company.

16. This agreement shall be governed and construed in accordance with English Law and the parties agree that the English Courts have exclusive jurisdiction to adjudicate any dispute which arises in connection with this agreement.