GENERAL TERMS & CONDITIONS - M/S HIMMELTINDEN

1. The agreement

These Terms and Conditions set forth a legally binding agreement between Engelsviken Båtskole & Charter (EBC) and the customer/guest.

2. Reservations, confirmation and terms of payment

The customer is required to be 21 years of age or older.

The customer will, after confirming reservation, receive a contract and an invoice. The invoice must be paid immediately, and the contract signed and returned to our office. The contract is binding when both parties have signed and the payment is received.

Payment for other services must be paid before embarking the boat.

3. Rates

The hourly rate runs for the time the boat is booked. In case of embarking in other harbours than Engelsviken, the rent runs from the time Himmeltinden leaves Engelsviken Harbour till she returns. In special occasions the rate may run from the first guest embarks the boat till the last guest leaves the boat.

Minimum rent is 2 hours, and the customer will be charged per whole hour. If the cruise is cut off before scheduled time, the guest is still liable for the rent.

4. Rent includes

The rent includes, unless otherwise is agreed on, the boat, fuel and crew. The rent does not include harbour fees, food, beverages or any loss or damage caused by the customer to boat or equipment. 

All fees and charges are payable in NOK and Euro.

5. Customers cancellations

In the event of cancellation of a booked cruise becomes necessary, the guest must submit the cancellation in writing as soon as possible. A cancellation received at least 7 days before the cruise, 50 % of the payment may be refunded. Otherwise there is no refund.

6. Cancellation of the cruise

EBC has no personnel backup for the crew, and EBC can therefore, without further explanation, cancel the cruise. EBC has reserved the right to cancel the cruise in case of technical problems, weather conditions that can jeopardize the safety of the wessel, guests and/or crew or other circumstances out of EBC's control. In such cases the customer will be notified immediately, and payment received will be refunded.

7. Harbour

Engelsviken Brygge is the home port of Himmeltinden. If the harbour of Engelsviken is not physically available due to other ships or unsafe weather conditions, EBC disclaims liability. EBC will in such case, if possible, provide alternative harbour.

8. The captain’s authority

The captain on board has the superior responsibility for crew and guests. All guests are therefore obliged to follow instructions given by him or any person he authorize. The captain can, at any time, of safety reasons, cancel the cruise.

9. Food and beverages

Order of menu-based food must be received by our office at least 48 hours before the cruise starts. Special orders of food must be arranged with our office. We will also be able to serve beer, wine and liquor. This requires that our office is notified 7 days ahead due to application processing time in local government. Alcohol restrictions are similar on our boat as in Norwegian restaurants and bars. Therefore the guests are not permitted to bring their own alcoholic beverages. Guests that appear intoxicated will be rejected at the gangway. Guests, who do not follow instructions given by the captain, or any person he authorize, may be put ashore.

Violation of these rules will be regarded as breach of contract and will give the captain, out of safety reasons, the authority to cancel the cruise. The customer will, in such case, be charged for the whole cruise in addition to the loss it may inflict EBC. 

10. EBC and liability limitations

The boat is insured by Lloyds in London, and the insurance agreement has standard conditions. A possible claim will be covered in accordance with these conditions.

EBC does not assume any liability or responsibility for damage, expense, inconvenience, loss, injury, death or damage to persons or property on our boat or on transport to and from our boat, unless gross negligence is proved. Neither has EBC any responsibility in case of damage or breakdown on boat, engine or any other vital equipment that can be an impediment for carrying out the cruise. 

EBC is not responsible for the performance, lack of availability of products or services that may occur.

Each guest must accept EBC’s passengers’ conditions by signing an accept form when boarding the wessel.

11. Damages caused by the guest

Guests must use the facilities in a responsible, careful, and secure manner. The guest is responsible for any damage, theft or loss caused by him or any in his group. Guests, who do not follow instructions given by the captain, or any person he authorize, may be put ashore.

Violation of these rules will be regarded as breach of contract and will give the skipper, out of safety reasons, the authority to cancel the cruise. The customer will, in such case, be charged for the whole cruise in addition to the loss it may inflict EBC. 

12. Suitable clothing

Our guests are responsible for bringing and using suitable clothing during the cruise. We recommend the guests to bring warm cloths and raingear.

13. Travel insurance

The purchase of travel insurance is strongly recommended.

14. Special for divers

EBC is providing transport to the diving sites. Divers that use Himmeltinden as a diving boat, have the complete responsibility for their own safety while diving and afterwards. The crew on Himmeltinden have not, under any circumstances, any responsibility for the diving activity.

15. Special for anglers

EBC will take anglers to suitable spots for fishing. However EBC cannot guarantee any catch. The customer is liable for any damage or loss to EBC’s fishing equipment. EBC is not liable for any damage, caused by the customer himself or others, during fishing activities.

16. Information

Information provided by our office is accurate and complete. However, EBC expressly disclaims liability for inaccurate, incomplete, or misleading information in our publications, web site or other information sources.

Disputes
Any disputes between EBC and the customer will be subject to Norwegian law and court. If any dispute of interpretation, the wording of the Norwegian edition of the contract and Terms and conditions is the valid one. Any voluntary arbitration should be solved by the Fredrikstad Arbitration Tribunal. 

17. Terms and Conditions are subject to change at the discretion of EBC.