Terms & Conditions of The Bounty Charter Application

Definitions:
As you read the Terms and Conditions, please note that
●	“We”, “our”, “ourselves”, “us” and “service provider” means Hong Kong Resort Company Limited, any members of, or any agents of Hong Kong Resort Company Limited or their staff.
●	“You”, “your”, “yourself” and “passenger” means any person, except staff or members of the crew, carried or to be carried on the vessel with our consent.
●	“Booking” means a booking made by you for the purchase of a charter or a package and which is accepted by us in accordance with these Terms and Conditions.
●	“Charter” means a single hire of the whole vessel to a particular party within an agreed period of time.

Terms and Conditions:
You understand that,
1.	Your booking will only come into effect when we confirm by way of a written confirmation and have received your payment of the relevant deposit(s). Acceptance of the application is at our sole discretion.
2.	This application must be received by us at least 10 working days prior to the requested charter date. You can submit the completed application form by: Email: enquiry@aubergediscoverybay.com, or Fax: (852) 2295 8188.
3.	Bookings are on first come, first served basis.
	a. Payment Terms: No separate invoice will be issued; upon acceptance of this application, a 60% deposit is required immediately. It may be necessary to collect a deposit greater than this percentage in certain circumstances which will be advised at the time of your enquiry. The balance payment due must be received by us at least 3 working days before your date of charter. If payment is not received within these timescales, we may cancel the arrangements and forfeit the paid deposit. b. Payment Methods Payment should be made by either crossed cheque or bank transfer. The crossed cheque is payable to: Hong Kong Resort Company Limited 23/F China Merchants Tower, Shun Tak Centre 168 Connaught Road Central, Hong Kong Attn: The Bounty Team The bank account number of Hong Kong Resort Company Limited is HSBC: 002-658979-001. The provision of effective bank transfer records is required for identification; otherwise, the bank transfer payment will be counted as invalid.
4.	Any overstaying will be charged at HK$4,500 per 30 minutes or part thereof. Overstaying less than 30 minutes will be counted as 30 minutes.
5.	We reserve the right to alter the price of any arrangement prior to the date of your charter. However, once we have issued the confirmation then the price of your arrangements will not be altered.
6.	Neither cancellation nor change of date is accepted upon the issue of confirmation. It will result in forfeiture of the 60% deposit, except under the circumstances stated in point 7 and 8.
7.	CANCELLATION BY YOU: The only time a cancellation from you is accepted is in the event of a Red /Black Rainstorm /Thunderstorm warning or the issue of the typhoon signal No.3 or above. In these cases, you will be offered a full payment refund, provided that we are notified via phone call (leaving voicemail is not accepted) 6 hours prior to the charter starts. Otherwise, a deduction of 40% of the charter payment will be applied as a “Late Notice Charge”. For the venue hire (The Bounty docked in Discovery Bay), it will result in forfeiture of the full payment if you fail to notify us via phone call (leaving voicemail is not accepted) 3 hours prior to the hire starts.
8.	CANCELLATION BY US: In the unlikely event that cancellation of your arrangements becomes necessary, we shall undertake whenever possible to advise you at our earliest. Subject to availability you will be offered the choice of an alternative date for the charter within 180 days or a full refund of all payments made. We shall not be liable for any cost or damage incurred by such decision.
9	For venue rental, the ship berths at designated pier in Discovery Bay. No sailing, no sail setting and no mast climbing are allowed.
10.	The vessel can accommodate a maximum of 60 passengers. It is solely your responsibility to ensure the number of passengers on board will not exceed this set limit. We reserve the right in our absolute discretion to refuse passage of exceeded passengers. We shall not be liable for any cost or damage incurred by such decision.
11.	You are required to provide a full list of the onboard passengers to us 3 working days prior to the charter date. The final version of passenger list should be submitted on the site to The Bounty Captain upon embarkation; otherwise, the Captain has the absolute right to terminate the venue hire or cruise and will not be liable for any cost or damage incurred by such decision.
12.	We reserve the right in our absolute discretion to terminate the venue hire or cruise, refuse passage or disembark any passenger whose physical or mental condition, or behaviour in the opinion of the service provider is likely to constitute a risk to the passenger’s own well-being or affect the comfort, safety or well being of other passengers, staff and any third party. We shall not be liable for any cost or damage incurred by such decisions.
13.	Every adult passenger traveling alone or with any minor shall be responsible for the safety, conduct and behaviour of himself /herself and the minor. The adult passenger shall be liable to the vessel and shall reimburse the vessel and hold the vessel harmless against any losses, claims, damages, costs, expenses and/or delay, of whatever nature made upon, the vessel, whether directly or indirectly attributable to any acts or omission of the passenger or the minor.
14.	We reserve the right in our absolute discretion to terminate the venue hire or cruise, refuse passage or disembark any passenger who refuses to comply with the “Safety Instructions” listed below: a. Follow The Bounty staff’s instruction at all times b. No climbing is allowed without authorization c. No running is allowed on board or the gangplank d. Do not place any part of your bodies out of the ship e. Mind your heads when using the deck/cabin staircases f. Smoking on board is strictly prohibited g. Do not enter the restricted areas on the ship (e.g. engine room, galley, etc.) h. No pets or any breeds of animals are allowed on board i. Do not stick or hang any irremovable decoration /objects onto any parts of the ship j. Keep the deck and the cabin clean and tidy, bring all your belongings with you upon completion of the charter
15.	We reserve the right to alter route of the cruise prior to departure or during the sailing course, or terminate the cruise during the sailing course due to climatic conditions or whatsoever. We shall not be liable for any cost or damage incurred by such decisions.
16.	We shall not be liable for any loss, injury, or damage to person, property in connection with climatic conditions, sea fire, breakdown of machinery or equipment, acts of government or other authorities, civil disturbances, strikes, riots, thefts, epidemics, quarantines, medical or customs regulations, or any other actions, omissions or conditions beyond our control. Neither we nor any of our affiliates or subsidiaries shall be or become liable or responsible for any additional expenses of liability sustained or incurred by you as a result of any of the aforementioned causes. We strongly recommend that you take out appropriate insurance for additional coverage of personal injuries and loss or damage of personal belongings.
17.	The vessel is mobilised by engines. The lifting of sails is not part of the charter arrangement and we do not guarantee that any sail will be set.
18.	Sufficient crew members will be deployed to ensure the vessel will be run in a safe manner. The crew members will not be obligated to provide any other services other than the mentioned duty.
19.	You are allowed to use the kitchen facilities, limiting to the open buffet bar on main deck, oven, microwave oven, hot plate, exhaust fan and dumb waiter, sink with cold water faucet and refrigerator during the charter time. The cooking appliances can only be used for re-heating food. It is solely your responsibility to operate these facilities properly, clean up and dispose all garbage properly afterwards. We have the sole right to charge for a compensation fee of HK$20,000 in case these appliances and facilities are either damaged or unable to function properly after your rental.
20.	You are allowed to use the standing stage, the small wooden table and PA system during the charter time with application in advance. Equipment includes one CD/DVD player, four speakers (2 sets on the top deck while another 2 sets at the middle deck) and two wireless microphones. It is solely your responsibility to operate these appliances properly. We have the sole right to charge for a compensation fee of HK$10,000 in case these appliances and facilities are either damaged or unable to function properly after your rental.
21.	Should the PA system or kitchen facilities (standing stage; small wooden table; PA system including CD/DVD player, speakers and wireless microphones; open buffet bar on main deck; oven; microwave oven; hot plate; exhaust fan and dumb waiter) be required, a refundable deposit of HK$5,000 needs to be paid before the charter.