These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Charterer”) and Monarch Excursions, LLC, a Florida limited liability company (“Company”). By chartering a vessel from Monarch Excursions, you agree to comply with these Terms and all applicable laws and regulations

Agreement and Deposit

The executed Agreement and deposit must be returned to MONARCH EXCURSIONS, LLC, the broker, before charter booking can be confirmed. The deposit required is 50% of the estimated charter fee, unless otherwise arranged with MONARCH EXCURSIONS, LLC (Broker/Charter Company).

The deposit is non-refundable except under the following circumstances:

• The vessel becomes unfit for charter
• Extreme weather conditions prohibit the ability to fulfill the Charter MONARCH EXCURSIONS, LLC (Broker/Charter Company) agrees in writing that a refund should be made.

Payment

• A signed agreement and a non-refundable deposit of 50% of the estimated charter fee are required to confirm your booking.
• The deposit is refundable only if:
  • The vessel is deemed unfit for charter.
  • Extreme weather prevents the charter from taking place.
  • Monarch Excursions, LLC agrees in writing to the refund.

Final payment is due no later than 24 hours before the charter date.

Boarding Times

Charterer should be ready to board at least ten (10) minutes prior to the scheduled departure time, to allow for the loading of provisions, instructions from the Captain and other matters. MONARCH EXCURSIONS, LLC (Broker/Charter Company) will supply instructions as to the time and place of boarding.

Demise Bareboat Charter

This is a demised charter and Charterer agrees to operate said vessel lawfully and in a safe and seaworthy manner. Charterer shall conform to all laws and regulations. Charterer agrees to indemnify, protect, defend and hold harmless the Owner, the vessel, its registered owner, its master and crew, and their respective underwriters from and against the results of any breach by charterer of the obligations or any other obligations imposed by law upon the Charterer. Charterer shall maintain the vessel in good repair and maintain all classification, certificates or certificates of inspection in full force and effect during the entire course of the charter.

1. Charterer shall provide and pay for the master and crew of the vessel. The Charterer shall select and direct said master and crew. The duties of the crew shall be directed and controlled solely by the The Master of the vessel shall serve at the discretion of the Charterer. Charterer shall review and evaluate each licensed officer as to his/her ability and skill in the position employed and assure Owner as to the qualifications of the chief engineering staff.
2. Neither the Owner, its officers, directors, employees, the vessel, her owner, operators, nor the underwriters of any of the foregoing shall have any responsibility or liability for any claim involving damage to or loss of any cargo or equipment carried by the vessel; or for any injury, illness, disease or death of employees of the Charterer, its subcontractors, or their employees or agents; and Charterer shall defend, indemnify and hold harmless Owner, its officers, directors, employees, the vessel, its owner, operators, master, and crew and the underwriters of each of the foregoing from and against any such claim, whether groundless or not, and whether caused in whole or in part by the negligence or faults of indemnities or by unseaworthiness of the vessel or equipment of the Owner, Owner’s Property and Owner’s subcontractor’s
3. Neither Owner nor Charterer shall be responsible hereunder for prospective profits or for special, indirect or consequential
4. Neither the Owner nor the Charterer shall not create, incur, or permit liens upon any vessel chartered under this

Vessel Disability

Should the vessel, during the period of the charter, be lost, stranded or disabled due to an Act of God, fire, peril of the sea or other unavoidable accident rendering the vessel unfit for use for the purpose of his/her  charter and not brought about, in whole or in part, by the act or failure to act of the Charterer, his/her  charter shall cease from the time thereof and neither party shall be liable for loss, damage, expense or inconvenience resulting, therefore. Should the vessel suffer a mechanical failure that cannot be rectified within four (4) hours, the Charterer may cancel this charter and receive a refund on a pro-rata basis.

No Responsibility For Injury and Other Losses

Charterer recognizes and accepts the risk that is inherent in any boating activity, and expressly holds MONARCH, the Vessel, including her owners harmless from any injury or loss of life resulting from the use of the vessel or any of the facilities offered unless solely caused by the vessel’s Captain’s gross negligence or intentional act. All passengers are advised to seek medical attention should they have any concerns regarding motion sickness and to carry on board any prescribed treatment as per the section on DRUGS, below.

Damage to Vessel

Charterer shall be responsible for and shall replace or pay for any damage to the vessel, furnishings, fittings jet-ski, tender and equipment, caused in whole or in part by himself or any other member of his/her party. This includes the leaving behind of possessions, clogged head systems and lost halyards and lines. The vessel shall be surrendered free of any indebtedness that may have incurred for the account of the Charterer for any reason.

Drugs

Use or possession of any and all illegal or illicit drugs, as may be defined from time to time by government regulations, on board the vessel is strictly prohibited and shall result in the immediate termination of the charter with forfeit of all the monies paid. Furthermore, the Charterer and all members of his/her party shall be put ashore at the first available port, with any expenses or damages caused by such dismemberment to be borne solely by Charterer and party members. Any prescription medicines must be in original container obtained from the pharmacy or shall be accompanied by the prescription itself. THIS IS A ZERO TOLERANCE VESSEL.1

Alcohol

The Captain has the absolute authority to determine, at his/her sole discretion, that the further imbibing may impede the safety or comfort of the passengers, the crew or the vessel. Notwithstanding his/her authority, at no time does the Captain or MONARCH EXCURSIONS, LLC (Broker/Charter Company) have any responsibility or duty to determine whether a passenger is under the influence of alcohol or to take any action regarding the use of alcoholic beverages to those who are under the legal age.

Smoking

Smoking is prohibited in the cabin, cockpit and entertainment area. Smoking is permitted on the aft deck transom ONLY and Charterer hereby agrees to pay for all cleaning costs associated therewith if damages result from smoking that occurs during charter.

Children

Children are welcome on board; however, the crew cannot take any responsibility to watch over them. Children under the age of fourteen (14) must be under the direct supervision of a parent or guardian at all times.

Coast Guard

Charterer is advised that the U.S. Coast Guard has wide latitude to board the vessel and conduct various searches, pursuant to government rules and regulations. Full and complete cooperation with Coast Guard requests is expected of charterer and their party.

Captains Authority

Charterer agrees that the Captain has full and complete authority concerning the wellbeing of the passengers, crew and vessel’s owners, and may take any and all actions that in his/her  sole discretion are advisable to ensure said wellbeing, including but not limited to, requiring Charterer and all members of his/her  party to immediately go ashore at first available port, with any expenses or damages caused by such dismemberment to be borne solely by the Charterer and party members.