Appendix 1
 

1.This Contract

1. THIS CONTRACT is made between Solent Party Ship Cruises Limited [referred to as "the Company"] whose registered office is at 19 Kingsway Chandlers Ford Eastleigh Hampshire SO53 2FG and the Customer specified in clause 20 of this contract whereby the Company shall provide a cruise on the ship "Princess Caroline" (the ship) as specified in Appendix 1 ["the cruise"] and the Customer and the Company shall pay to each other the sums specified in Appendix 2
 

 Appendix 2
 

2. Bookings Agreement

2. BOOKINGS AGREEMENT:  a deposit being not less than 50% of the agreed contract price and cleared in the Company's bank account before the Company will be able to confirm with the Customer a firm booking for a cruise.
 

3. Numbers

3. NUMBERS: At least thirty (30) days before the date of the cruise the Customer is required to provide the Company with a guarantee in writing of the number of guests to attend the cruise. In the event that the number of guests proves to be less or more than guaranteed by the Customer the Customer will be required to compensate the Company for the cost of the difference.
 

4. Authority

4. AUTHORITY:  In the event that he/she/they is not so authorised he/she/they will be personally liable for the performance of this contract.
 

5. Price

5. PRICE:
5.1 The contract price is based on costs ruling at the time of quotation and if between that time and the termination of the cruise any rise or fall in costs or variation in the cruise shall occur, the contract price shall be reasonably amended to provide therefore.
5.2 If at any time during the Contract there is an increase in the premiums payable by the Company for insurance effected by it for the purpose of providing the cruises, the price may be increased to cover that part of such increase reasonably attributable to the cruises from the date 28 days after the date on which notice of it is given to the Customer by the Company.
5.3 Unless otherwise agreed to the contrary in writing the charges for any extra provisions over and above those originally contracted will be calculated at an agreed rate and invoiced separately. Whilst the Company will endeavour to comply with any request for extra provisions from the Customer, the Customer acknowledges that the Company's ability to do so will be governed by the availability of qualified personnel and the extent of the advance notification given by the Customer.
 

6. Payment

6. PAYMENT: 50% of the contract price shall be paid by the Customer when the order is placed, the balance being paid against invoice on the date of but before the commencement of the cruise. All terms are strictly net.
 

 7. Performance

7. PERFORMANCE: The Company and the Customer shall be relieved of their respective contractual obligations in the event and to the extent that performance thereof is prevented or delayed directly or indirectly by the act of God, war, riot, strike action, labour disturbance, industrial dispute, fire, flood, explosion, shortage of material or labour, inclement weather or any cause beyond the control of the Company or [as the case may be] the Customer. If for any of these reasons the contract is not completed, the Customer shall pay to the Company a fair proportion of the contract price payable by each to the other having regard to the nature and extent of the Services provided up to and including the time that the cruise ceased and the Company will use its best endeavours to find an alternative cruise on terms acceptable to both the Company and the Customer.
 

8. Liability

8. LIABILITY TO PERSONS AND PROPERTY: During the cruise either on the pontoon, entering, leaving or whilst on the ship the Company will not be responsible for any loss or damage howsoever caused to the property, chattels or effects of the Customer or any other person or for any injury to any member, representative, employee or agent of the Customer or any other person unless such loss or damage results from a negligent act or omission or any breach of any statutory or other legal duty by the Company or its employees, sub-contractors, representatives or agents.
 

9. Damages

9. DAMAGES: The cost of any loss and/or damage caused by the Customer or its members, representatives, employees, agents and/or guests to the property and/members, representatives, employees and/or agents of the Company shall be paid for by the Customer.
 

10. Consequential Loss

10. CONSEQUENTIAL LOSS: The Company shall not under any circumstances be liable for any injury direct or indirect consequential loss arising from the cruise howsoever, whensoever or wheresoever caused and whether or not resulting from the negligent act or omission of the Company or any of its members employees representatives or agents and the Customer undertakes to use its best endeavours to ensure that its guests are aware of this condition.
 

11. Legal Obligations

11. LEGAL OBLIGATIONS: In connection with the provision of the Services the Company shall observe and comply in all respects with the provisions of all applicable statutes orders regulations and other rules of law for the time being in force and with the requirements of all local or other statutory or other legally competent authorities and shall obtain competent authorities and shall obtain all consents and licences necessary for the provision of the cruises [including in particular [but without limitation] all consents and justices' licences required in connection with the sale and supply of liquor] and shall indemnify the Customer against all liabilities actions, proceedings, claims costs charges and expenses which may arise or be brought or incurred as a result of any breach by the Company of its obligations contained in this clause.
 

12. Cancellation

12. CANCELLATION: (a) If the Customer gives the Company notice of the cancellation of their cruise, the Customer will pay the Company a cancellation fee (“the fee”) according to the scale below.  The amount of the cancellation fee will be calculated as a percentage of the total contract value less the deposit.  The cancellation date shall be deemed to be the date on which written notice of the cancellation is received by the Company. 
                       
25% fee if cancelled between six (6) and four (4) months before the date of the cruise;  40% fee if cancelled between four (4) and three (3) months before the date of the cruise;  50% fee if cancelled between three (3) months and one (1) month before the date of the cruise;  85% fee if cancelled between one (1) month and one (1) week before the date of the cruise;  100% fee if cancelled less than one (1) week before the date of the cruise. 

(b) If the Company gives the Customer no less than three (3) months’ notice in writing of the cancellation of their cruise, the Company shall have no liability whatsoever to the Customer, save that any sums paid to the Company over and above the deposit shall be returned to the Customer at the Company’s absolute discretion. 

13. Captains Decision

13. CAPTAIN'S DECISION : The decision of the Captain of the ship as whether to commence, continue and/or terminate the cruise and as to which port he should dock the ship shall be binding and final on the Customer.
 

14. Assignment

14. ASSIGNMENT This agreement shall not be assigned in whole or in part by the Customer whether voluntarily or involuntarily or by operation of law.
 

15. Relationships of the parties

15. RELATIONSHIP OF THE PARTIES Neither the Company nor the Client is the agent, partner, or the representative of the other and neither of them has by virtue of this agreement authority or power to bind or contact in the name of the other or to create any liability on the part of the other.
 

16. Choice Of Law

16. CHOICE OF LAW: This contract shall be governed and construed in accordance with English Law and be within the exclusive jurisdiction of the English Courts.
 

17. Contracts (Rights of 3rd Parties) Act 1999

17. CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999 Except to such extent if any as may otherwise be provided in these Terms and Conditions none of the provisions of these Terms and Conditions are intended to or will operate to confer any claim, right, entitlement benefit or remedy under or pursuant to the Contracts (Rights of Third Parties) Act 1999 ('the 1999 Act') upon or in favour of any person who is not a party to these Terms and Conditions [provided however that this condition shall not affect any claim, right, entitlement, benefit or remedy to which any such person is entitled which exists or has arisen prior to the date of this agreement otherwise than under or pursuant to the 1999 Act or any such claim right, entitlement, benefit or remedy which shall or may similarly arise or come into existence at any time after the date of these Terms and Conditions.
 

18. Assignment

18. ASSIGNMENT: The Company may assign licence, sub-contract or otherwise dispose of all or any parts of its rights and obligations under the contract without the Customer's consent.
 

19. Notices

19. NOTICES: Any notice required to be served pursuant to these conditions shall be in writing and served by first class post or delivered by hand on the Company at its registered office at 19 Kingsway Chandlers Ford aforesaid or such other address as the Company may from time to time notify the Customer in writing.
 

20. This Contract

20. This contract is made between Solent Party Ship Cruises Limited, 19 Kingsway, Chandlers Ford, Eastleigh, Hampshire, SO53 2FG and the Customer.