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These are our Terms and Conditions of your
booking a holiday with Elizabeth G Charters which also trades as Mull
Marine Services, your holiday is scheduled to be delivered on board the
Elizabeth G which is owned by Robert Barlow t/a Mull Marine
services. Please note that by booking a space on one of our
scheduled cruises or holidays or by entering into a whole-boat charter
scenario, you are agreeing to these terms.
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ONE Mull Marine Services (The Company)
give notice that all arrangements made by us are
on the condition that we shall not be liable for
any death, injury or damage, loss, delay or irregularity
that may be caused by persons or conditions outwith
our control. We accept no responsibility for any
losses or additional expense due to delays in changes
in air, road, rail, sea or other services, strikes,
war, weather or other causes.
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TWO The accommodation is not booked
until the completed Booking Form and a deposit of
25% of the fee (or as otherwise agreed) has been
received. Provisional bookings by phone, fax or
e-mail will be held for 10 days pending receipt
of the Booking Form and deposit. Every person making
a booking on behalf of a passenger or group of passengers
warrants and confirms that he/she has the authority
of that passenger and that each such passenger agrees
to be bound by these Terms and Conditions. All cheques
to be made out to “Mull Marine Services Clients
Account”. We reserve the right to alter prices
in accordance with any major changes in cost that
may occur between the time of the booking and the
time of departure.
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THREE Passengers signing the Booking
Form are declaring that they, and all persons on
whose behalf they are booking, are in good health
and are fit, mobile and agile. Any illness arising
between booking the holiday and actual departure
must be declared. The skipper may refuse to carry
any passenger or luggage on any charter for any
cause relating to the safety of the vessel or any
property or other persons on board. In such circumstances
the passenger shall not be entitled to any compensation
or payment whatsoever except we shall refund to
the passenger any fare paid to us in respect of
that charter unless a serious health concern has
not been declared beforehand.
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FOUR The Company and Crew shall
not be responsible for any accident or injury caused
to any person or persons arising out of diving or
use of any equipment. The Charterers shall be liable
for repair or replacement of any of the Company’s
equipment in the event of loss or damage.
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FIVE Mull Marine Services complies
with Statutory Instrument 1992 No. 3288 in that
we administer a Clients Account where all client’s
monies are held until the holiday has been delivered.
We also operate a Trust Account (whose signatories
are solicitors). All monies will be paid into the
Clients Account unless agreed otherwise.
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SIX If owing to circumstances beyond
our control, we cannot provide the vessel/charter
booked or a suitable alternative, we will refund
all money paid, in full, and the passenger shall
have no further claim against us. Scheduled charters
may also be cancelled up to four weeks in advance
of the departure date if insufficient bookings have
been made.
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SEVEN The Charterer, whether an
individual or booking the whole vessel, is responsible
for the whole of the fee he/she has undertaken to
pay and must pay the balance at least 28 days before
the start of the charter period. If for any reason,
the Charterer cancels the booking, he/she remains
responsible for the whole of the fee. It may be
possible for you to transfer your booking to another
individual with our prior agreement. Otherwise we
will make every effort to resell the accommodation
and if able to do so will refund the deposit and
any other money paid minus any administration cost
and any other expenses incurred. In view of the
above conditions, we strongly recommend that you
consider a separate Holiday Cancellation Insurance
policy, which are available from several independent
companies and brokers.
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EIGHT Any vessel used by us holds
a full Marine Insurance policy for bodily injury
or accident to passengers on board, for a minimum
of £10,000,000 in respect of any one incident.
Our insurance does not cover passengers who are
away from the vessel or its tender or whilst engaged
in watersports (such as diving) or any other activities.
We do not accept responsibility for loss of or damage
to passengers’ personal belongings, property
or valuables whilst onboard or in transit, so please
check your own household insurance policy to make
sure that you are adequately covered in this respect.
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NINE No unaccompanied children
under the age of 16 can be carried. No children
under the age of 12 shall be carried unless part
of a whole boat charter and then they are the responsibility
of their parents/guardians at all times. Please
note that rare exceptions have been made and we
will be pleased to discuss your request. No animals
to be carried unless with permission.
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TEN No drugs, other unlawful substances
or goods or pornographic materials are permitted
on board the vessel and the passenger(s) shall free
and release the vessel owner / skipper from any
liabilities or responsibility arising out of any
breach of this condition.
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ELEVEN In the unlikely event that
you have a complaint please report it to us as soon
as possible so that we may deal with it promptly
and, hopefully, to your satisfaction. Any legal
action or proceedings arising out of or connected
with this contract shall be governed by the Laws
of Scotland.
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TWELVE We reserve the right
to vary the charter in any way we consider preferable
due to adverse weather or any other conditions.
Ultimate decisions regarding the safety of the vessel,
its tender and those on board rest with the skipper.
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