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Sailing Vessel ‘Pintita’ Charter Contract

TERMS OF AGREEMENT: Authority: The sailing vessel ‘Pintita’ is operated by Atlantic Maritime Services, LLC. hereafter referred to as AMS.  AMS and the Customer hereafter referred to as the CHARTERER certify that they are authorized to execute this Charter Contract.  The CHARTERER agrees to be liable for any and all charges and fees due under the terms of the Contract.

 

TERM OF CHARTER: The term of the Charter is for the specific day and time period as stated in this Agreement.  The Vessel will embark passengers and depart from the designated location at the Start Time, or as soon thereafter as possible at the direction of the Captain, giving due consideration to late arrivals, weather conditions, boating traffic and safety of the Vessel and passengers.  The Vessel will return to disembark passengers at the designated termination location at the End Time giving due consideration to weather conditions, boating traffic and safety of the Vessel and passengers and unless arrangements are made during the Charter to extend the term of Charter. The Vessel will be available for boarding fifteen minutes before the Start Time and the CHARTERER agrees to depart the Vessel within fifteen minutes after the End Time or the charter.  CHARTERER will be responsible for additional time on the Vessel at the rate of $100.00 for each 15 minutes dockside or fraction thereof, that the CHARTERER or their guests remain aboard, along with any additional fees, damage or loss sustained as a result of the CHARTERER’s failure to depart the Vessel at the designated End Time.  The CHARTERER agrees to confirm in writing to AMS no fewer than 10 days in advance of the Event the maximum number of persons that will attend the event including specifically the number of infants (up to 30 lbs.) and children (30 - 90 lbs.).  The Charter Contract Price will be based on the number of passengers in attendance at the Event or the Number of Passengers set forth herein as confirmed pursuant to this Paragraph whichever is greater.  The CHARTERER agrees to inform all Passengers of the terms of this Charter Contract.

 

PASSENGERS: The Sailing Vessel ‘Pintita’ is USCG inspected Passenger Vessel inspected annually and certified and equipped for a maximum of 20 passengers with a crew of two.  No additional passengers shall be embarked aboard the Vessel.  Passengers should apply spray type sun screens prior to boarding.  Soft sole shoes only please.  All passenger shall follow the instructions of the Captain and Crew.  Children shall be the responsibility of their parents, guardian, or escort.  The number of persons permitted on board the Vessel at any given time shall not exceed the number of persons specified in this Charter Contract, not including the crew of the Vessel. 

 

EXTENDING TERM OF CHARTER: An agreement to extend the Charter must be made between the CHARTERER and Captain and will be done to accommodate the CHARTERER whenever possible.  The final decision to extend the Charter is at the sole decision of the Captain and may be made based on weather, traffic conditions, scheduling requirements or other factors.  No Charter will be extended or deemed extended until the CHARTERER and the Captain have executed an Addendum to this Agreement specifying the terms of the extension, and that the Customer shall be responsible for payment of all charges for such an extension.

 

DAMAGES AND SECURITY DEPOSIT: The CHARTERER acknowledges that he/she is responsible for any and all loss and/or damage caused by the CHARTERER and or their guests.  A security deposit may be required of the CHARTERER at the discretion of AMS.  The security deposit, if requested, is not a portion of the Contract Price and will be held by AMS as protection for any damages to the Vessel caused by the CHARTERER or its guests.  The security deposit will be returned to the CHARTERER within 10 working days after the date of the CHARTERER, less any unpaid charges and less any amount necessary to repair damage to the Vessel.  In the event that any portion of the Contract Price or any charges for damage or loss to the Vessel remain unpaid after the application of any security deposit, the CHARTERER agrees to be responsible to pay such amount, together with and all costs of collection, including attorney’s fees.                                                                                                                                                                                                                  

 CANCELLATION AND REFUNDS: A non-refundable deposit is required at the time the Event Date is reserved.  AMS cannot guarantee a reservation until the deposit and Contract are received. AMS and or the Captain may delay or cancel the Event due to weather, mechanical or other conditions affecting the safety of the Event, CHARTERER, Passengers, Vessel or Crew strictly at his/her discretion.  However, the CHARTERER agrees to wait up to one hour after the designated Start Time to allow for weather, mechanical or other conditions to change (the “Waiting Time”).  If the Event is able to proceed within the Waiting Time, the Event may be extended for a period equal to the Waiting Time for the same contracted price.  In the case the Event is cancelled due to unfavorable weather conditions, the CHARTERER may choose an alternate date subject to availability of the Vessel, Captain, and Crew.  The non-refundable deposit will be used towards the future Event date.  If the rescheduled Event is cancelled by the CHARTERER either a loss of deposit will occur or the CHARTERER can reschedule for an additional fee of $200.  In addition, the CHARTERER agrees to remain responsible for the cost of vessel delivery, catering and any other special services contracted for the event which cannot be rescheduled or rescinded.  In the case that the Event is cancelled by AMS or the Captain for other than weather related reasons, the CHARTERER may choose an alternate date subject to availability of the Vessel, Captain, and Crew or can request to receive a full refund.  All refunds will be paid by AMS via company check.

 

CATERING: The CHARTERER may provide their own food and or beverages.  If catering is requested, the CHARTERER agrees that those catering requirements must be contracted for through AMS and will be included in the Contract Price.

 

VESSEL OPERATION: AMS will bear the expense of operation of the Vessel to include fuel, water, and Captain and Crew payments.  The Captain is a current United States Coast Guard, (USCG) Licensed Master and is in command of the vessel at all times.  He shall use his professional knowledge, skills, discretion, and judgment in determining the safety and well-being of the vessel, Crew, and all individuals aboard the vessel.  The Captain will diligently provide onboard charter services as safely as possible for the times requested.  The Captain alone will make the determination as to routes, ports of call, safe sea state and weather conditions for getting underway for the Vessel, Passengers, and Crew.  If during the course of the voyage, the Captain determines the conditions exist that are deemed not suitable for continuance of the charter, the Captain may exercise his command authority to terminate the charter at a suitable dock, marina, or mooring. 

 

DELIVERY:  AMS agrees to deliver the Vessel on the Event Date, at the Start Time and at the departure location place set forth, together with Captain and Crew, in full commission and in proper working order as required by law, clean and ready for service.  Dockage Fees for charter embarkation and debarkation at locations other than the Vessel’s home port facility and or a Delivery Fee if applicable shall be included in the Contract Price.  In the case that the delivery of the Vessel is delayed for any reason so as to shorten availability of the Vessel, AMS will reduce on a pro-rata basis, that portion of the Contract Price attributable to the Vessel.  If, for reason beyond the control of AMS, the Vessel is unable to be delivered as stipulated in this contract, AMS shall have the right, at their sole option to substitute any other available and appropriate boat or boats for the purpose of this Charter, or to rescind the Agreement and refund the Contract Price, less the cost of catering and any other special services contracted for as part of the original Event which cannot be rescheduled or rescinded.  If the CHARTERER or its guests are late in boarding or otherwise desire to shorten the time of the charter of the Vessel, no refund or pro-rata adjustment will be made.

 

MARITIME, FEDERAL, STATE, LOCAL LAWS AND REGULATIONS: The Vessel shall be operated in accordance with all Federal, State and local laws and regulations.  Swimming and or fishing from the Vessel will not be permitted at any time. Interfering with the Captain and Crew in their duties in the safe operation of the vessel is a Federal crime and carries substantial criminal penalties including a significant fine.  The CHARTERER attests and affirms that no illegal or dangerous items will be embarked aboard the vessel to include but not limited to firearms, illegal drugs or controlled substances as identified in the Controlled Substances Act, US Code 812.  Smoking and tobacco use is not permitted aboard the vessel at any time.  Passengers may consume alcoholic beverages that they provide in accordance with the laws of the applicable local jurisdiction and State of Maryland, including laws relating to the minimum age for consumption of alcoholic beverages and the permitted times for consumption of alcoholic beverages.  The Captain at his sole discretion at any time may:

1.) Order the termination of the service of alcoholic beverages, or

2.) Terminate the charter of the Vessel when, in his determination and discretion, the use of alcohol by any guest of the CHARTERER may affect the safe operation of the Vessel or the safety of the CHARTERER and or their guests.

The ‘Pintita” is a USCG Certified “Drug Free Passenger Vessel”.  The Captain and crew are not permitted to consume any alcoholic beverage before or during the term of the Charter and must comply with the periodic and random drug testing as directed by the appropriate authority.  The Captain shall terminate the charter of the Vessel for the use or possession by the CHARTERER or their guests of any prohibited drug or narcotic.  The Captain is required by law to inform authorities in the event any illegal drugs or narcotics are found during the charter. The termination of services or the charter of the Vessel under the circumstances of this Paragraph will not entitle the CHARTERER to an adjustment in or a refund of the Contract Price.

 

PHOTOGRAPHY: AMS, Captain, and the Crew are permitted to take photographs and or motion pictures during the terms of this contract without compensation or consideration to the CHARTERER and PASSENGERS.  These images may be used for including, but not limited to, publication in newspapers, magazines, and other print media, use in broadcast media, publication via the Internet, and use in marketing materials for “Sail the Pintita” and or AMS.  Any depictions will have customers’ last names omitted or truncated for privacy.

 

HOLD HARMLESS AGREEMENT: AMS, the Captain, or Crew shall not be held responsible for acts of war, piracy, government insurgencies or counterinsurgencies, including damage to vessel, injury to crew or passengers caused by faulty navigational equipment, improperly placed or missing navigational aids, uncharted underwater obstructions, acts of nature, docks or for termination of the voyage caused as a practical matter there from.   

 

COVID-19 Addendum

We ask that you continue to support your local businesses and remember, this Veteran owned small business also needs your support and patronage.  Please book your private sailing charter soon for your next friends, family, and or corporate outings.  We are looking forward to harnessing the wind and creating memories with you. 

When chartering aboard SV ‘PINTINA’, you and your guests voluntarily assume all risks related to exposure to COVID-19.  You have advised all of the other passengers in your group who are sick to stay home.  You also agree to communicate the above risk message to all of the other passengers in your group.

Please review the latest information and regulations below:

MSIB 02-21

 

MARITIME SAFETY & SECURITY BULLETIN

 

February 2, 2021

 

COVID-19 Safety Requirements in the Maritime Transportation System

 

On January 21, 2021 the President of the United States of America issued Executive Order (13998), Promoting COVID-19 Safety in Domestic and International Travel that requires masks be worn on all “public maritime vessels, including ferries” to mitigate the risk of spreading COVID-19. The Centers for Disease Control and Prevention (CDC) issued order, Requirement for Persons to Wear Masks while on Transportation Hubs, 29JAN2021, requires all persons travelling on all commercial vessels to wear a mask.

 

This Order requires conveyance operators to use best efforts to ensure that any person on the conveyance wears a mask when boarding, disembarking, and for the duration of travel. Depending on the circumstances, best efforts may include:

 

  •  boarding only those persons who wear masks;

  •  instructing persons that Federal law requires wearing a mask on the conveyance and failure to comply constitutes a violation of Federal law;

  • monitoring persons on board the conveyance for anyone who is not wearing a mask and seeking compliance from such persons;

  • at the earliest opportunity, disembarking any person who refuses to comply;

  • providing persons with prominent and adequate notice to facilitate awareness and compliance of the requirement of this Order to wear a mask; best practices may include, if feasible, advanced notifications on digital platforms, such as on apps, websites, or email; posted signage in multiple languages with illustrations; printing the requirement on transit tickets; or other methods as appropriate.

 

The CDC has guidance on the definition of a mask and how to properly wear a mask at the following link https://www.cdc.gov/quarantine/masks/mask-travel-guidance.html

 

Under Title 42 of the United States Code section 268, the Coast Guard is charged with enforcing CDC quarantine orders. Owners, operators, and crew of vessels that fail to implement the mask wearing order above may be subject to civil or criminal penalties from the CDC. Furthermore, based on the scientific determination of the CDC, the Coast Guard finds that failure to wear a mask creates an undue safety risk by increasing the risk of transmission of COVID-19 between passengers, the crew of the vessel, and port operators. COVID-19 is known to cause severe illness and death which impacts the safe operations of ships and port facilities. The Coast Guard has broad authority to control the movement and operations of a vessel based on a hazardous condition found on that vessel (see 33 CFR § 160.111). Vessels that have not implemented the mask requirement may be issued a Captain of the Port (COTP) order directing the vessel’s movement and operations; repeated failure to impose the mask mandate could result in civil penalties and/or criminal action.

 

Persons that wish to report vessels not operating in accordance with the Executive Order or CDC Order may email the Coast Guard at wearamask@uscg.mil. This shared email inbox is not monitored on a continuous basis. If there is an emergency, it should not be reported to this email inbox, but rather to local authorities through proper emergency channels.

 

Vessel owners and operators are encouraged to monitor the CDC website at https://www.cdc.gov/ for the most up to date guidance.

 

State, local, Tribal, and territorial laws or rules imposing public health measures that are more protective of public health than those required by the CDC, are an acceptable equivalency for these requirements. Vessel operators who believe local mask wearing requirements fit this exemption should contact the local COTP.

 

Questions concerning this notice may be forwarded to Coast Guard Office of Commercial Vessel Compliance, at wearamask@uscg.mil.

 

Richard V. Timme, RDML, U. S. Coast Guard, Assistant Commandant for Prevention Policy