Bama Breeze ( full day boat tours, half day boat tours, dolphin tours, sunset tours) – Is operated by Flora-Bama Old Salts, Inc., An Alabama Corporation THIS IS A CONTRACT. THE PASSENGER UNDERSTANDS THAT THESE TERMS AND CONDITIONS WILL APPLY ON EACH TRIP UNDERTAKEN DURING THE YEAR INDICATED ON THE SIGNATURE PAGE. THE FOLLOWING TERMS AND CONDITIONS ARE THE ENTIRE AGREEMENT BETWEEN BAMA BREEZE (OLD SALTS INC.), AND THE PASSENGER. PLEASE READ THEM CAREFULLY. IN ACCEPTING THIS CONTRACT, THE PASSENGER AGREES THAT THE TRIP IS SUBJECT TO ALL OF THIS CONTRACT’S TERMS AND CONDITIONS.
- DEFINITIONS: The term “Passenger” includes every person named as a participant in your group; “Passenger” shall include the plural and the use of the masculine shall include the feminine and vice versa; The term “Vessel” includes the Bama Breeze or any Vessel or any other means of conveyance controlled by BAMA BREEZE which is solely responsible for the maintenance, equipage and operation of said vessels; The term “Captain” means the Vessel master.
- TOUR FARE/ CRUISE: All advertised passenger tours and charters are subject to change at any time.
- NON-TRANSFERABILITY / BINDING EFFECT: This Contract is valid only for the Agreed Itinerary. It is not transferable to another itinerary. The Terms and Conditions on this Contract are binding on, and confer benefits to, the Passenger and his/her heirs, successors and assigns.
- WEATHER: The duration and range of all trips is based on weather and sea conditions. In inclement weather, the location, range of the trip may be modified at the sole discretion of the Captain. BAMA BREEZE does not guarantee requests for specific captains and/or vessels by clients. BAMA BREEZE reserves the right to switch vessels and/or captains for a confirmed charter for any reason we deem necessary including mechanical failure, injury, illness, and/or scheduling needs.
- SAFETY: Passengers acknowledge that the weather can change quickly. Passenger acknowledges that he/she received safety warnings from the Captain at the commencement of the trip regarding the motion of boat, potentially rough conditions on ocean, motion sickness, the danger of slippery decks, prohibition on smoking abord, no pets, and what to do in event of emergency.
- INABILITY TO ACCOMMODATE CERTAIN PASSENGERS: All children must be accompanied by a parent or guardian. We will try to reasonably accommodate passengers with special needs. To schedule such accommodation, Passengers agree to contact the BAMA BREEZE office at least one week before the scheduled trip. Paid Passengers whose needs cannot be reasonably accommodated will receive a refund.
- CANCELLATION PRIOR TO EMBARKATION: Passenger fare will be refunded upon Passengers’ cancellation if and only if the Passenger cancels at least 3 days prior to the vessel’s scheduled departure. Late cancellation or early disembarkation of the Passenger for any reason, including pursuant to any provision of this Contract, shall be without refund, compensation, or liability on the part of BAMA BREEZE whatsoever.
- PERSONAL EFFECTS: Each Passenger may bring aboard the Vessel a reasonable amount of personal effects such as a cooler, beach packs, umbrellas and handbags. BAMA BREEZE shall not be responsible for the loss of or damage to such items. No dangerous articles such as firearms, explosives, oxygen (without prior approval) or combustible substances may be brought aboard the Vessel. BAMA BREEZE reserves the right to refuse to permit any Passenger to take on board the Vessel any item the Captain deems inappropriate. Under no circumstances may any illegal controlled substances be brought on board the Vessel. Each Passenger understands and agrees that BAMA BREEZE has a zero tolerance policy for illegal activity and shall report such activity to the appropriate authorities.
- ITINERARY / RIGHT TO CHANGE / DETENTION: BAMA BREEZE reserves the right at its sole option and discretion and that of the Captain of the Vessel, at any time and without prior notice and without liability for damages or refund of any kind, to deviate from the Vessel’s advertised or ordinary itinerary or route, to delay, advance or cancel any tour or charter.
- ARBITRATION: The exclusive remedy for all claims against BAMA BREEZE, disputes and matters whatsoever arising under, in connection with or incident to this Contract, other than claims for loss of life or bodily injury arising from the negligence or fault of BAMA BREEZE or its servants, shall be binding arbitration in Baldwin County, Alabama under the Rules of the American Arbitration Assoc., which are deemed to be incorporated herein by reference. In any such proceeding, the costs of arbitration shall be borne equally by the parties, and the parties shall each pay their own attorney’s fees and costs, regardless of outcome.
- SEVERABILITY: Any provision of this Contract that is determined in any jurisdiction to be unenforceable for any reason shall be deemed severed from this Contract in that jurisdiction only and all remaining provisions shall remain in full force and effect.
- THIS IS A CONTRACT / ENTIRE AGREEMENT: THE PROVISIONS OF THIS CONTRACT REPRESENT THE ENTIRE AGREEMENT AND A BINDING CONTRACT BETWEEN THE PASSENGER AND BAMA BREEZE. THE PASSENGER’S BOARDING OF THE VESSEL CONSTITUTES THE PASSENGER’S ACCEPTANCE OF THIS CONTRACT AND CONSENT TO ALL ITS PROVISIONS. THESE PROVISIONS SUPERSEDE ANY ORAL OR WRITTEN REPRESENTATIONS. ANY CHANGE IN THESE PROVISIONS MUST BE IN WRITING AND SIGNED BY THE OWNERSIP OF BAMA BREEZE.
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