This is an agreement between you (the "Crew") and Pangaea Exploration, LLC of 2500 Swanson Ave, Miami, FL, 33133, USA ("Pangaea")
Yacht: Challenge 72 "Sea Dragon" (the "Yacht")
Port of embarkation: San Francisco, California, USA
Port of disembarkation: Ensenada, Baja California, Mexico
Passage Period: 12 Nights from the Start Date of September 29, 2022 at 1500 to the End Date of October 11, 2022, at 1300
Passage Fee: Deposit of $500 due on signing of these Terms and Conditions. Balance of $2950 due on July 31, 2022.
1. Passage / Fee
1.1 Pangaea shall let a berth on board the Yacht and the Crew shall hire a berth for the Passage Period for the Contribution.
1.2 The Deposit Payment shall be paid to Pangaea on the signing of these Terms and Conditions.
1.3 The Balance Payment shall be paid to Pangaea no later than the dates stated above.
1.4 Pangaea may cancel the passage if the Crew fails to pay the Deposit Payment and/or Balance Payment in accordance with these Terms and Conditions. The Crew shall remain liable for part or all of the Passage Fee in accordance with Clause 4.13.
2. Pangaea's Obligations
2.1 The Yacht shall be in good, seaworthy condition in compliance with the MCA’s Small Commercial Sailing Vessels’ Code of Practice as from time to time may be amended (as applicable).
2.2 Pangaea will use all reasonable endeavours to comply with the provisions of clause 2.1 but, in default, Pangaea’s liability shall be limited to a pro rata return of the Passage Fee for each period of more than 12 hours for which the Yacht is delayed.
2.3 If such delay exceeds 25% of the Passage Period, the Crew shall be at liberty to treat the Passage as cancelled. Pangaea shall thereupon return all sums paid but shall have no further liability to the Crew in respect of any curtailment or cancellation of the Passage including, without prejudice, to the generality of the foregoing liability in respect of consequential or economic loss, loss of profit or loss of use and enjoyment.
2.4 Pangaea reserves the right to cancel any Passage. If this proves necessary Pangaea shall thereupon return all sums paid but shall have no further liability to the Crew whatsoever.
2.5 Pangaea will provide an experienced and suitably qualified skipper and mate for the navigation of the Yacht to ports within the Passage so far as is consistent with the safety of the Yacht and the Crew.
2.6 The skipper shall have absolute authority in matters of navigation, seamanship, safety and the timely return of the Yacht at the end of the Passage Period and in that respect is entitled to require the Crew to comply with all reasonable orders.
2.7 Pangaea reserves the right to make changes to the Yacht’s itinerary, the skipper has responsibility of taking the final decisions on destinations in light of the prevailing weather conditions and Pangaea shall have no liability to the Crew in respect of any changes made to the itinerary, alteration to travel arrangements or any associated costs due to weather conditions or operational reasons beyond Pangaea’s control.
2.8 Should the Crew or any member of their party do anything which may prejudice the safety of the Yacht or anyone on board, the skipper has full authority to terminate the Passage or to require the Crew and/or members of their party to leave the Yacht. In such circumstances, Pangaea shall have no liability to the Crew or any member of their party for refund of the Passage Fee or otherwise.
2.9 Should the Crew or any member of their part violate clauses 4.7, 4.8, 4.9, or 4.10 below, the skipper has full authority to terminate the Passage or to require the Crew and/or members of their party to leave the Yacht. In such circumstances, Pangaea shall have no liability to the Crew or any member of their party for refund of the Passage Fee or otherwise.
2.10 Pangaea shall limit the number of persons on the passage to the number of berths on the boat.
3. Insurance and Liabilities
3.1 Pangaea shall ensure that the Yacht and her equipment are at all times insured for their full value with third party liability cover of no less than 2 million USD.
3.2 Pangaea and/or its skipper shall have no liability for death or personal injury suffered by the Crew, save where caused by Pangaea’s negligence or wilful default. Save where otherwise provided in these Terms and Conditions, and to the fullest extent permitted by law, Pangaea shall have no liability to the Crew in respect of consequential loss, economic loss, loss of profit, loss of use and/or loss of enjoyment.
3.3 The Crew shall do nothing which may invalidate the Yacht’s insurance or prejudice Pangaea’s right to claim thereunder.
3.4 In the event of major damage to the Yacht during the Passage Period involving a claim on the Yacht’s insurance or in the event of a breakdown of machinery or equipment rendering the Yacht unseaworthy and/or unusable, a pro rata refund will be made for the period during which the Yacht was unseaworthy or unusable for more than 36 hours, provided that the Crew has not caused or contributed to the damage or breakdown and provided also that Pangaea shall not be liable to the Crew for any other compensation for losses arising out of the damage or breakdown whether in respect of consequential or financial loss or otherwise provided that the foregoing shall not limit or exclude any claim for loss arising out of death or injury resulting from negligence on the part of Pangaea.
3.5 The Crew shall ensure that adequate personal insurance is in place to cover against cancellation, loss of personal effects, personal injury and medical expenses. The policy will be adequate to cover the scope of the voyage (i.e. more than 12 miles offshore if applicable).
3.6 The Crew is solely responsible for all personal property while on board the Yacht. Any personal property left on board when the Passage is completed will not be Pangaea’s responsibility, and the cost of returning such property, if found will be at the Crew’s expense.
3.7 Pangaea and its insurer shall have no liability for any loss, damage, liability, claim, cost or expense of whatsoever nature caused by, contributed to by, resulting from, arising out of, or in connection with a Communicable Disease or the fear or threat (whether actual or perceived) of a Communicable Disease regardless of any other cause or event contributing concurrently or in any other sequence thereto.
3.8 As used herein, a Communicable Disease means any disease which can be transmitted by means of any substance or agent from any organism to another organism where:
a) the substance or agent includes, but is not limited to, a virus, bacterium, parasite or other organism or any variation thereof, whether deemed living or not, and
b) the method of transmission, whether direct or indirect, includes but is not limited to, airborne transmission, bodily fluid transmission, transmission from or to any surface or object, solid, liquid or gas or between organisms, and
c) the disease, substance or agent can cause or threaten bodily injury, illness, damage to human health, human welfare or property.
4 Crew's Obligations
4.1 If the Crew fails to accept their berth within 6 hours of the Start Date of the Passage Period and has not by then notified Pangaea of his intention to accept their berth later during the Passage Period, Pangaea may treat these Terms as terminated without prejudice to its rights to recover any unpaid portion of the Passage Fee.
4.2 The Crew warrants that all of the details provided by them in the Booking Form are complete and accurate and that he has the experience and competence as stated therein.
4.3 The Crew warrants that all of the details provided by them in the Medical Form are comple and accurate to the best of their knowledge.
4.4 The Crew will give the skipper such assistance as shall reasonably be required in handling the Yacht, including but not limited to being on watch at any time of the day or night, sail handling, sail trimming, helming and galley duties and shall comply promptly with the skipper’s instructions in this regard.
4.5 The Crew acknowledges that all financial contribution made to Pangaea is a contribution towards the running costs of the Yacht and it is not a commercial payment for charter.
4.6 The Crew shall take all reasonable care of the Yacht and her machinery and equipment.
4.7 The Crew shall observe all applicable rules, regulations and laws whether of customs, harbour, national, local or other authorities of whatever nature.
4.8 The Crew shall not bring aboard any restricted or illegal goods such as drugs, firearms, weapons or explosives.
4.9 The Crew shall not do or omit to do any action or thing whereby the Yacht may become liable to arrest or detainment anywhere.
4.10 There shall be no smoking or vaping on board at any time by any person.
4.11 The Crew’s obligations under these Terms and Conditions shall continue until the end of the Passage.
4.12 Notice of cancellation of the Passage must be given in writing by the Crew to Pangaea and will be effective on the date of receipt by Pangaea (or on the next working day following receipt if received at a weekend or national holiday).
4.13 The Crew will remain liable for part or all of the Passage Fee dependent on the amount of notice given as follows:
Cancellation 60 days or more before commencement of Passage Period: Deposit Payment Forfeit
Cancellation at least 45 days before but less than 60 days before commencement of Passage Period: Crew liable for 50% of Passage Fee
Cancellation at least 30 days before but less than 45 days before commencement of Passage Period: Crew liable for 75% of Passage Fee
Cancellation less than 30 days befor commencement of Passage Period: Crew liable for 100% of Passage Fee
4.14 The Crew may at Pangaea’s sole discretion transfer to an alternate Passage at an alternate time, such request to be made at least 30 days before the start of the Passage Period.
4.15 Pangaea reserves the right to change the Passage Fee to reflect any such amendment.
5.1 Pangaea shall have the right to restrict the Passage in the light of the experience of the Crew and/or actual or anticipated weather conditions. Should severe weather be forecast for the Passage Period, Pangaea reserves the right to re-schedule the Passage but shall not in such circumstances be liable to refund the Passage Fee.
5.2 Pangaea shall not be liable to refund the Passage Fee or to pay any other compensation if it becomes necessary to cancel the Passage or to require the Crew to change the Passage in any way because of any incident of Force Majeure including, war, riot, industrial dispute, pandemic, terrorist activity, natural or nuclear disaster, fire, adverse weather or other unforeseen circumstances.
5.3 The Crew shall not be entitled to any refund or compensation in the event of curtailment of the Passage due to ill health, personal or other reasons.
5.4 The Crew and all members of his party are responsible for their own transport costs to the Port of Departure and return journey at the conclusion of the Passage.
5.5 If the Crew chooses to leave the Yacht before the conclusion of the Passage, Pangaea will not be liable to pay any refund of the Passage Fee or any travel expenses incurred.
5.6 The Crew and all members of his party shall be reasonably fit to take part in a sailing voyage. If you are unsure, please discuss this with Pangaea before making a booking.
5.7 These Terms and Conditions form the entire agreement between the parties and supersedes all previous agreements and understandings between the parties, and no warranty condition, description, term or representation is given or to be implied by anything said or written in negotiations between the parties or their representatives prior to the date hereof.
5.8 Any communication required to be given under these Terms and Conditions by either party shall be sent by first class post or facsimile to the other party at the address appearing above, or as subsequently notified, and shall be deemed to have been given on the first working day following the date on which it was sent.
5.9 No exercise or failure to exercise or delay in exercising any right, power or remedy vested in either party shall be deemed to be a waiver by that party of that or any other right, power or remedy.
5.10 In the event that any provision of these Terms and Conditions is held to be a violation of any applicable law, statute or regulation the same shall be deemed to be deleted from these Terms and Conditions which shall remain in full force and effect as if such provision had not been contained herein.
5.11 References to Pangaea include all persons appointed to act as their representatives, and their successors in title.
5.12 References to the Crew include all persons part of the Passage party as listed on the Booking Form and all persons appointed to act as their representatives and their successors in title.
6. Law & Jurisdiction
6.1 This agreement shall be governed by and construed in accordance with the laws of the state of Florida, and both parties consent to the jurisdiction of courts, both state or federal, in Florida, with respect to any dispute under this Agreement.
WAIVER of Liability Relating to Coronavirus / COVID 19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person-to-person contact, through the air, and/or by contact with contaminated surfaces and objects. People reportedly can be infected and show no symptoms and therefore spread the disease. Evidence has shown that COVID-19 can cause serious and potentially life threatening illness and even death.
Pangaea Exploration LLC cannot prevent you from becoming exposed to, contracting, or spreading COVID-19 while using Pangaea Exploration’s services or vessels. It is not possible to prevent against the presence of the disease. Therefore, if you choose to use Pangaea Exploration’s services and/or board Pangaea’s vessels you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19.
COVID-19 Risk Reduction Protocol:
Mandatory Vaccination: I Warrant that I have been vaccinated against COVID-19, with the final dose at least 15 days prior to boarding the vessel.
14 Days Before Trip: I agree to take maximum precautions to minimize my risk of infection with COVID-19 by following CDC guidelines.
72 Hours Before Boarding: I agree to take a PCR covid test at my own expense. If a testing site is available that can provide results in less than 72 hours, I agree to get tested as close to the date and time of boarding as is consistent with receiving results before boarding.
Day of Boarding: Arrive at vessel. I agree that an agent of Pangaea Exploration will take my temperature, and administer a rapid COVID test to me prior to boarding. I acknowledge that I will not be allowed to board the vessel if I do not provide proof of vaccination, if I test positive on either COVID test, have a temperature of over 100.4 Fahrenheit, or based on the results of my COVID questionnaire. In the event that I am not allowed to board the vessel, I understand that Pangaea will not refund me any money, but will at Pangaea Exploration's discretion offer to transfer that money to another voyage.
Agreement to COVID-19 Protocol: I agree to follow the COVID-19 Risk Reduction Protocol above, and acknowledge that it may change due to local and national regulations or the state of the COVID-19 pandemic. I acknowledge that Pangaea will notify me by email in a timely fashion of any changes to this protocol.
ASSUMPTION OF RISK: I have read and understood the above warning concerning COVID- 19. I hereby choose to accept the risk of contracting COVID-19 in order to use Pangaea Exploration’s services and board Pangaea Explorations’s vessels. These services are of such value to me that I accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to use PangaeaExploration’s services and board Pangaea Exploration’s vessel.
WAIVER OF LAWSUIT/LIABILITY: I hereby forever release and waive my right to bring suit against Pangaea Exploration LLC and/or any of its owners, officers, directors, managers, officials, agents, employees, or other representatives in connection with or as a result of exposure, infection, and/or spread of COVID-19 related to using Pangaea Exploration’s services and vessels. I understand that this waiver means I give up my right to bring any claims (including for personal injury, death, disease or property losses, or any other loss), including but not limited to claims of negligence, and give up any right I may have to seek to recover damages as a result thereof, whether known or unknown, foreseen or unforeseen.
I understand and agree that the law of the State of Florida will apply to this document, and both parties consent to the jurisdiction of courts, both state or federal, in Florida, with respect to any dispute under this document.
I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS WAIVER. I FREELY AND KNOWINGLY ASSUME THE RISKS DESCRIBED HEREIN AND WAIVE MY RIGHT TO ASSERT CERTAIN CLAIMS OR SEEK TO RECOVER DAMAGES AS DESCRIBED ABOVE: