TERMS & CONDITIONS

The following conditions comprise the standard terms of business of Deep Blue International Ltd, and all work undertaken by the Company shall be on these terms unless specifically varied in writing and signed for and on behalf of the Client and by an authorised signatory for and on behalf of the Company.  In accepting the Proposal and engaging the Company these conditions shall be deemed to have been accepted by the Client on its own behalf and for and on behalf of its employees, suppliers, servants, agents or sub-contractors acting on behalf of the Client.

1. DEFINITIONS
1.1 ‘The Client’ – the individual, firm, company, undertaking or entity of any nature who
makes a booking with the Company for a Service or Event.
1.2 ‘The Company’ –Deep Blue International Ltd, including where applicable its employees, suppliers, servants, agents or sub-contractors acting on behalf of the Company.
1.3 ‘The Contract’ – The agreement between the Company and the Client to perform the service as set out in the Proposal.
1.4 ‘The Proposal’ – The letter and/or documents from the Company to the Client giving details of the services offered by the Company to the Client, including the price, which forms the Contract.
1.5 ‘The Price’ – The fee due to the Company from the Client in payment for the Services.
1.6 ‘The Service or Event’ – The supply of the Services, Yacht Charters or Events as laid out in the Proposal or Contract to the Client by the Company. Any variation to the Service must be agreed in writing by the Company and the Client unless the change is necessary to comply with safety or other statutory requirements – then the Company may make the change without notice to the Client.

2. PRICE AND PAYMENT
2.1 All prices quoted by the Company are exclusive of Value Added Tax, which will be charged at the prevailing rate at the time of invoice. All prices are in GB pounds sterling and shall be payable in that currency, unless otherwise agreed by the Company.
2.2 Prices quoted by the Company may be amended with notice being given to the Client in the event of errors or omissions in any Proposal, or where an increase is caused by a change in the circumstances beyond the reasonable control of the Company, including, international currency exchange rate changes & increases in prices imposed upon the Company by its suppliers in connection with the Service or Event.
2.3 All bookings of whatever nature are accepted on the understanding that the Client will, as a minimum, book for the minimum number of guests and at the minimum price per head or amount specified in the Proposal.  No refund or allowance shall be made by the Company if fewer persons actually attend the service or Event.
2.4 The Client shall pay to the Company a minimum non-returnable deposit of 50% of the total quoted price at the time of booking the Service or Event. The balance of the price must be paid in full 4 weeks prior to the Service or Event, or within 4 weeks from the date of invoice, whichever is earlier. Bookings made within 30 days of the Service or Event must be accompanied by payment in full. All invoices for additional services or goods provided and not included in the Proposal must be paid within 7 days of the relevant invoice.
2.5 Any query arising from an invoice must be notified to the Company in writing within 7 days of the invoice date.  Failure to comply will render the full invoice payable on the due date.

3. CANCELLATION & VARIATION
3.1 In the event of cancellation by the client, (notice must be in writing), or failure to attend on the date shown in the Proposal for the Service or Event, the client shall pay a cancellation fee as follows:
a) If cancellation is more than 30 days prior to the proposed date for the Service or Event, the cancellation fee will be the 50% deposit as in 2.4 above.
b) If cancellation is less than 30 days prior to the proposed date for the Service or Event, the cancellation fee will be 100% of the cost agreed for the Service or Event.
c) The Company may, at its sole discretion, agree to apply part or all of the above cancellation fees to an
alternative, mutually agreeable date, provided that this new date is agreed at the time of the
cancellation of the original Service or Event.
3.2 If, due to circumstances beyond the Company’s control, it is necessary to make changes in the arrangements relating to the Service or Event, the Company shall notify the Client as soon as possible.
For yachting events, the Company will advise the client in good time if last minute changes need to be made to the programme due to severe poor weather conditions. If the changes need to be made on the day of the event, the Company will alter the programme and all sailing will take place in sheltered areas. There will be no cause for cancellation. The Company reserves the right to make such changes, but will endeavour to keep them to a minimum and as close to the original Proposal as is reasonably possible in the circumstances.

3.3 In the event of postponement of a Service or Event for any cause beyond the control of the Company, the Company will use all reasonable endeavours to offer an alternative date agreeable to both parties, and endeavour to obtain refunds for the Client of any sums disbursed in connection with the Service or Event to the Company’s suppliers or contractors. Such refunds may be at the discretion of the Company and will be reimbursed less an administrative fee.
3.4 Either party may at any time terminate their contract by giving written notice if the other commits any breach of these terms and conditions and if capable of remedy, fails to remedy the breach within 14 days of the written notice. If the Client becomes bankrupt or goes into liquidation, except for the purposes of amalgamation or reconstruction, the Company may retain any sums already paid by the Client without prejudice to any other rights it may have at law or otherwise.

4. LIABILITY
4.1 The Company agrees to exercise all reasonable skill and care in the provision of the Service or Event.  Neither the Company nor its employees nor agents shall be liable for any damage, loss, delay or expenses caused to the Client, its employees, agents, licensees or invitees or any other persons attending the Service or Event except insofar as it results from the proven negligence of the Company.  The Company’s liability shall in all cases be limited to the sums paid by the Client and shall exclude indirect or consequential loss of whatsoever nature.
4.2 Personal Accident Insurance covering the Service or Event is not included in the price but can be arranged at an additional cost upon request.
4.3 The Client agrees on its own behalf and on behalf of each individual that the opinion of the Company in all matters of Safety is final and to comply with any request, instruction or order made by the Company in the interest of safety, howsoever expressed.
4.4 The Company reserves the right to request any individual to leave or not participate in the Service or Event if in the opinion of the Company the guest is behaving in a dangerous, unreasonable or disruptive manner, or is under the influence of alcohol or any banned substance, and the Client agrees to procure to that request being complied with by each and every guest.
4.5 The Client agrees that in the event of deliberate damage being caused to any facilities, including buildings, yachts & yacht equipment, fixtures and fittings, the Client shall be liable for all the damage or the full replacement value of each and every item. This includes deliberate misuse and loss of yacht equipment.
4.6 Where the Company negotiates on behalf of the Client the hiring of any equipment, yachts or motorised vehicle/s to be under the Client’s control, the Company is deemed to act only as an agent for the Client, who shall assume all liabilities to the owner/lessor and otherwise howsoever in connection with the hiring, and shall indemnify the Company against any loss, claim, liability, damage or expense arising there from.
4.7 The Company shall not be liable for any failure to fulfil any obligation, if such fulfilment is prevented by any cause whatsoever beyond the Company’s control.
4.8 It is the Client’s responsibility to read and adhere to the Terms and Conditions and to inform all individuals, firms and companies attending the Service or Event of their contents.

5. LAW
5.1 The Contract shall be governed by the laws of England and the Client agrees to submit to the non-executive jurisdiction of the English Courts.
5.2 The Client shall ensure that no guest who is disqualified under Section 21 of the Firearms Act 1968, under paragraphs (i) and (ii) and (iii), shall be permitted to take part in any form of shooting event covered by the Act.