Today's Date: September 8, 2024 Terms of Contract: Charter rate provides for your exclusive use of the Grand Lady, facilities on board, with Captain and Crew to operate Vessel, subject to maximum capacity and number of hours specified in confirmation. Food and beverage packages are in addition to the charter rate. PAYMENTS: Deposit of 50% of charter rate must accompany this document by due date to confirm event and is not refundable or transferable under most circumstances. Deposits must be made via credit card or check. If paid via check, credit card must be placed on file in case of damages to vessel. Second half of charter rate is due 30 days prior to cruise. If not paid in full by 14 days prior to cruise, event will be cancelled and deposit payment will be forfeited. FOOD AND BEVERAGE: All food and beverages must be purchased through Grand Lady Cruises Inc. from its designated caterers*. Initial food and beverage package orders are due 30 days prior to cruise with payment of balance of charter fee. Final counts and payment for food and beverage packages are due 10 days prior to cruise. If final counts are not received 10 days prior to cruise, initial estimated count will be used as the guaranteed count for the caterer and food payment will be charged to the card on file. For cruises over 2 hours in length, Grand Lady Cruises requires a minimum food order of $15/guest. There is no food minimum for 2 hour cruises, but GLC always recommends providing guests with something to eat while on board. If adding an open bar package to your cruise, a food order of $15/guest is required regardless of length of cruise. While no taxes or fees apply to the hourly charter fee, a 18% administrative fee and 8.75% sales tax will be applied to all food and beverage purchases. Administrative fee is allocated to the house to cover servers' hourly wages and other associated costs. Additional gratuity is at customer's discretion, but is customary if you feel our crew has done a good job. If organization is tax-exempt, please provide copy of tax exemption certificate and sales tax will be removed from final bill. Due to NYS Health Department policies and safe food practices, leftover food is not permitted to be brought off the vessel after your cruise. While we also hate to feel wasteful, the prevention of food borne illness is the priority for GLC and our caterers. *Groups are permitted to bring a cake/cupcakes on board with them for dessert if desired. Please let us know if you would like to do so. HOMEPORT: All departures and returns will be from 275 Ganson St., Buffalo, NY 14203 unless other arrangements are made prior to cruise date. Parking in GLC's designated area is permitted for the duration of the cruise, though tailgating in parking area before or after event is NOT permitted. GLC and our landlord are not liable under any circumstances for damage and/or theft to vehicles. The Captain and Crew of the Grand Lady will make every effort to deliver event as scheduled. However, occasionally weather patterns, approaching commercial traffic, lift bridge operations, or other navigational concerns may require GLC to alter route and timing of cruise portion of event. Our route requires us to coordinate with the Michigan Avenue lift bridge which could potentially create delays or narrow time frames for vessel crossings outside of our control. The Captain will inform you of any navigational concerns that may impact your timeline if they arise. CANCELLATIONS: If customer decides to cancel or reschedule event, payments are non-refundable. Deposit payment may be transferred to a different date if cruise is rescheduled at least 30 days prior to cruise date, less a $250 rescheduling fee. Future credit in the form of a gift card may also be issued, less a $250 cancellation fee. If customer chooses to cancel event once inside 30 days of cruise date, no refund or future credit will be given. If due to mechanical failure, severe weather, or for whatever reason a cruise must be cancelled by Grand Lady Cruises at sailing time, event will continue onboard dockside and a banquet room fee of $500.00 per hour will be charged in lieu of charter fee. Grand Lady Cruises cannot be held responsible for more than a refund of any monies paid. PASSENGER SAFETY: While on board, all passengers must stay within the confines of the cabins or railed in areas at all times. Tampering with fire or safety equipment aboard a U.S. inspected vessel is a Federal offense and will not be tolerated. By United States Coast Guard and Homeland Security directives {Marine Security Act of 2002. USCG 33 CFR § 101.105, 33 CFR § 105.255}, all personal items and bags are subject to search. Grand Lady Cruises reserves the right to search personal items prior to boarding and refuse admittance of individuals for any reason. Failure to cooperate with Captain or crew members instructions will result in early termination of bar packages and/or cruise itself with no financial compensation. Children are permitted on board but MUST be supervised at all times. It is not our crew's responsibility to supervise children during the cruise. SMOKING/ALCOHOL/DRUGS: The Grand Lady is inspected and licensed to serve alcoholic beverages and strictly adheres to all laws regulating such. Valid photo identification is required of all passengers ordering alcoholic beverages, and Grand Lady Cruises reserves the right to refuse alcohol service to any individual for any reason. No outside beverages may be brought on board. No shots of any kind are served on board. The bar will be closed 15 minutes prior to the end of the event. The Grand Lady is a non-smoking vessel. If smoking policy is violated, $500 clean up fee will be charged to the card on file. Additionally, Grand Lady Cruises, Inc strictly enforces a zero-tolerance policy for any federally controlled drugs. Failure to adhere to these policies will result in the early termination of cruise with no financial compensation. PRIMARY CHARTER GUEST: The undersigned agrees to act as the primary charter guest during the course of the charter and is responsible for informing guests of our terms of conveyance listed above. Crewmembers, Master, or owner of vessel may go to this designated individual with any questions or concerns that arise during the charter. If the undersigned will not be present for charter, please notify Grand Lady Cruises, Inc of who this designated individual on board will be. TICKET RESALE/PROMOTION: Grand Lady Cruises, Inc. does not work with promoters. Individuals are not permitted to charter the vessel and resell tickets to their passengers for profit. If Grand Lady Cruises, Inc becomes aware of the reselling of tickets for a chartered event prior to departure, event will be cancelled and no refund of payments will be given. Organizations such as churches, teams, social groups, etc. may resell tickets to their members to help recoup costs but payments must come from organization's account, not an individual. DECORATIONS: Groups are permitted to decorate the vessel as long as it remains within the following guidelines. Centerpieces should remain relatively small and low to the table. The following items are strictly prohibited from being used on board: glitter, confetti, bubbles, sparklers, loose rose petals, or "water beads". Wax candles are not permitted unless floating in water and more than 2 inches from top of bowl or glass. We suggest battery operated illumination instead. Grand Lady Cruises reserves the right to disallow the use of any decorative features deemed hazardous or damaging to the furnishings of the vessel. SURCHARGES: Any unforeseen increase in business cost throughout the course of the season may result in surcharges. LIABILITY: The parties expressly agree that any and all disputes arising in connection with the charter and Grand Lady Cruises shall be litigated in and before the United States District Court located in the county of Erie, New York to the exclusion of all other courts and must be brought forward no later than six (6) months after the day or the incident. Grand Lady Cruises, Inc. disclaims liability to you or your guests under any circumstances for infliction of emotional distress, mental suffering, or psychological injury which was not the result of physical injury to the Claimant caused by the negligence or fault of a crewmember, Master, or owner of the ship. In no event will we be liable to you or your guests for consequential, incidental, exemplary, or punitive damages. Grand Lady Cruises, Inc. also retains any and all limitations of, and exemptions from, liability accorded to ship-owners and tour operators by statute or rule of law including, but not limited to, those provided for in 46 United States Code App. Sections 30501-30511. FORCE MAJEURE: Neither Party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy. For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party's financial inability to perform its obligations hereunder. In the event such causes listed above prevents the cruise from taking place, credit will be extended to charter guests to reschedule for a future date.
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