All reservations of boating excursions Okeanos Charters, LTD. (“OCL”) are subject to the following terms and conditions. By making a reservation of a vessel through OCL, “You” (which shall be defined as the individual or entity making the reservation, as well as all individuals that board the vessel at the time of the excursion), agree to be bound by these Terms and Conditions. The individual or entity making the reservation with OCL is referred to as the Charterer.

Rescheduling Policies and Fees

Charter fees are deemed earned upon placing a hold for a desired date and time. Charterer’s requests for rescheduling will be considered on a case by case basis by OCL and accommodations for rescheduling requests are within OCL’s sole discretion. All rescheduled reservations are subject to a rescheduling fee. The rescheduling fee is determined by the amount of notice given prior to the charter date and time as follows:

• Within 3-7 days of sailing: $100 USD
• 24 -72 hours prior to sailing: $200 USD

Requests for rescheduling that OCL cannot accommodate are subject to the Cancellation Policy below. 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.

Cancellation by OCL

In the event of a cancellation by OCL and/or the Captain of the vessel due to severe weather, environmental conditions, unforeseen prohibitive events, or mechanical failure (collectively, “Adverse Conditions”), the sail will be rescheduled to a mutually agreeable date prior to December 31st of the current year at no additional charge. Refunds are not offered. Adverse Conditions are determined solely by the Captain of the vessel.

Cancellation by Guest

In the event of cancellation by the Charterer guest after paid in full, if canceled more than 24 hours in advance, OCL will issue a refund of 50 percent. No refund will be issued for cancellations within 24 hours of the scheduled charter. Please note that OCL turns down other booking requests based on reservations, and cannot re-book when late cancellations occur. However, you may request a reschedule with applicable fees as noted above.

Substance Possession and Use

The possession or use of illegal substances is strictly forbidden on board the vessel. This includes underage use of alcohol or cigarettes. Violation of this rule will result in the termination of the charter and no refund will be given.

Assumption of Risks

By boarding OCL’s vessel, Charterer confirms that he/she understands and accepts that there is an inherent risk of severe personal injury, drowning, and/ or death in sailing/ boating excursions Risks”, which may occur at marinas and aboard boats. Therefore, Charterer agrees to release, indemnify and hold harmless OCL along with its owners, officers, members, employees, crew, contractors and agents (“Released Parties”) from any and all liability and responsibility for personal injury, property damage or wrongful death, however caused, including but not limited to, product defects and/or the negligence of the Released Parties.

Charterer has discussed the risks with their Invitees (all individuals that board the vessel at the time of the excursion), and Charterer represents and warrants that all invitees have agreed to release, indemnify and hold harmless the Released Parties in the same manner Charterer has in the above paragraph. The foregoing notwithstanding, Charterer agrees to indemnify and hold harmless the Released Parties 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 OCL to secure any emergency medical care as deemed necessary.

Disputes

All matters arising out of or relating to boating excursions of OCL shall be governed by and construed in accordance with the internal laws of the Turks & Caicos without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising under this Agreement may be brought only in the courts of Turks & Caicos and by boarding a vessel owned or operated by OCL you consent to the exclusive jurisdiction of such courts.

In any action against OCL, or its owners, officers, members, agents, partners, employees, crew, contractors or agents which results in a decision/judgment/decree/order for which OCL is the prevailing party, the adverse party shall be responsible for, and shall reimburse OCL attorneys’ fees, court costs and expenses.

Photography Release

By boarding a vessel owned or operated by OCL, you hereby grant OCL and its assigns, the irrevocable and unrestricted right to use and publish photographs of Charterer and Charterer’s Invitees, for editorial, trade, marketing, advertising, and any other purpose and in any manner and medium; and to alter the same without restriction. I hereby release OCL, OCL’s photographer and OCL’s assigns from all claims and liability relating to said photographs.