Please carefully read our Terms and Conditions applicable to any charter agreement for the Michelangelo.
Agreement to Let and Hire
1.1 The Owner agrees to let the Vessel to the Charterer on the terms set out in the Agreement and on the terms and conditions set below.
1.2 The Charterer accepts that these terms and conditions constitute a binding agreement between the Owner and the Charterer and any other passengers on the cruise. It shall be the responsibility of the Charterer to make its passengers aware that they travel on the Vessel subject to these terms and conditions.
Bookings – Payment Schedule – Cancellation
2.1 Reservations are only confirmed upon receipt of 50% deposit.
2.2 The balance of the charter fee is required two weeks prior to the charter date.
2.3 Security Deposit as mentioned on items 11.
2.4 In case of cancellation, there is no refund on the charter fee.
2.5 For cancellations two weeks or more prior to charter date, the food and beverage (F+B) fee is 100% refundable. For cancellations one week or more prior to charter date, 50% of the confirmed F+B fee is refundable. For cancellations less than one week prior to charter date, the F+B is non refundable; the Charterer is responsible for collecting the F+B provisions itself on the original charter date.
2.5 Any Kitchen Fee paid in advance shall be refunded in full in the event the charter does not proceed for any reason whatsoever.
Weather – Rough Seas – Typhoons
3.1 The Owner reserves the right to change the course of a planned charter (including the pick up or drop off point) if unforeseen weather conditions arise any time between 7:00am and the scheduled pickup time.
3.2 If the weather becomes dangerous or unpredictable during the charter, the captain will choose the safest route to take the Vessel to safe harbour. The Charterer must embark and disembark at the alternative pick up and drop off points chosen by the captain.
3.3 In the event of typhoon signal 3 or higher or black rainstorm warnings are hoisted at the day of charter, the charter will not proceed. The Owner will refund the charter fee in full. The Charterer is still responsible for charges related to the F+B, and should pick-up the F+B provisions by itself on the original charter date.
3.4 In order to comply with Hong Kong Marine ordinances, if a typhoon 3 or above or a black rainstorm warning is hoisted during the charter, the captain will return the Vessel to safe anchorage or disembark passengers at a jetty or pier. There will be no compensation for unused charter time.
3.5 In the event of amber or red rainstorm warnings are hoisted at any time between 7:00am and the scheduled pickup time on the day of charter, the Charterer may give notice at anytime prior to the scheduled pickup time to cancel charter, and the Owner will refund 80% of the charter fee.
4. Mechanical Failure
4.1 In the event of a mechanical fault before the Charterer embarks and repairs cannot be made on time, the Owner will inform the Charterer as soon as possible and refund the charter fee and the F+B charges in full.
4.2 If mechanical failure occurs during the charter, the Owner will return passengers to land. The Owner will arrange for either: 1) a compensatory charter on Michelangelo or 2) refund pro rata the unused charter fee.
5. Onboard Safety
5.1 Onboard safety is of paramount importance to the Owner and the crew. The Owner reserves the right to return the Vessel to any pier in the event of any dangerous or reckless behavior onboard by the Charterer or any passengers.
5.2 Whilst the Vessel is moving under power, the Charterer shall ensure that it and its passengers do not dance, run, jump, dive off decks or swim.
5.3 The Charterer shall ensure that it and its passengers do not swim: (i) after sunset; (ii) before sunrise; and (iii) whilst under the influence of excessive drugs or alcohol.
5.4 It is the responsibility of the Charterer to appoint an individual or individuals to monitor and supervise those who are swimming as to ensure that all persons swimming are competent, that all persons are accounted for who have been swimming and that reasonable safety measures are taken. The Owner and the crew undertake no responsibility to supervise or monitor swimming by passengers. All passengers swim at their own risk.
5.5 The Charterer and passengers shall afford the captain and other crew members due respect at all times and shall obey any lawful request or instruction by the crew relating to boat safety or the security of boat passengers.
6. General Rules and Regulations – CharterTermination
6.1 Smoking is restricted to exterior areas of the Vessel.
6.2 No animals (pets & domestic animals) are permitted on board the Vessel.
6.3 Bringing, supplying, dealing or using illicit substances on board the Vessel is prohibited.
6.4 The Charterer will ensure that it and its passengers do not wear black-soled shoes or high heel shoes as these can damage the decks.
6.5 Michelangelo is licensed for a maximum of 59 passengers only including crew and service staff.
6.6 The Owner and its crew and staff reserve the right to terminate any charter without compensation under the following circumstances:
6.6.1 In the event of underage drinking; 6.6.2 In the event of excessive alcohol consumption; 6.6.3 In the event of passenger behavior, which is assessed by any member of the crew to be dangerous to them or any other person; 6.6.4 In the event of passenger behavior likely to damage or risk damage to the vessel, facilities or equipment on board; 6.6.5 If any member of the crew witness or suspects any passenger/s abusing illicit or prescription drugs; and 6.6.6 If the Charterer or any passenger fails to comply with these Terms and Conditions
6.7 Disorderly or illegal activities may result in the individual or group being removed from the Vessel at the nearest pier. Loss of charter time or costs associated with the removal will be the responsibility of the Charterer.
7. Observance of Laws
7.1 The Charterer shall ensure that it and its passengers comply with all applicable laws and regulations of Hong Kong during the charter.
7.2 To comply with Hong Kong law, the Vessel will be skippered by a licensed captain.
7.3 In compliance with applicable marine legislation in Hong Kong, the Charterer is required to acknowledge that it commits an offence if it does not comply with the Merchant Shipping (Local Vessels) (Certification and Licensing) Regulation (the “Regulation”) and that it is responsible for reading such regulation, which is set out in the Schedule to this Agreement. The Regulation requires, among other things, that the Charterer keeps a copy of this Agreement on board the Vessel.
7.4 If the Charterer or any of the passengers commits any offense contrary to the laws of Hong Kong or cause damage to the Vessel or any of its equipment, the Charterer shall indemnify the Owner, its directors, officers, employees, agents and the captain and crew (the “Indemnified Persons”), and against all losses, damages, costs, liabilities and expenses incurred by any Indemnified Person as a result.
8. Responsibility for Personal Property
8.1 Passengers are solely responsible for themselves, their personal safety and any personal property that they may bring aboard. In the event of any loss of or damage to property on the Vessel, none of the Owner, its directors, officers, employees, agents or the captain and crew shall be liable or held responsible for any such loss or damage.
9. Insurance – Release from Liability
9.1 The Owner has third party insurance but does not hold cover in respect of personal injury or loss of property in respect of the Charterer or its passengers. The Charterer and its passengers travel at their own risk and are invited to consider taking out their own insurance.
9.2 The Owner, its directors, officers, employees, agents and the captain and crew will not be held liable for death, personal injury to the Charterer or its passengers or for loss or damage to property howsoever arising unless caused by the gross negligence, recklessness or willful misconduct of the Owner or the crew of the Vessel. The Charterer and its passengers hereby release, to the fullest extent permitted by law and equity, the Owner, its directors, officers, employees, agents and the captain and crew (the “Released Parties”) from all actual and contingent liability in respect of such personal injury, death, loss or damage which is not the responsibility of the Released Parties in accordance with this Condition.
10. Children
10.1 Under Hong Kong legislation, children (under the age of 12) must wear a life jacket when vessel is under power. Children are the sole responsibility of their parents. The Owner recommends a supervision ratio of one parent to one child. Neither the Owner nor the crew provide child minding services.
11. Security Deposit
11.1 Deposit Amount: 50% based on the Charter Fee.
11.2 The security deposit is retained by the owner to ensure Charterer’s performance obligation under this term and condition. If the Charterer fail to comply with the term, the owner can use the deposit to pay for damages and costs incurred by the owner.
11.3 If the Charterer comply with the term of this Agreement, the security deposit will refund to Charterer within FIVE working day after the event.
12. Counterparts
This Agreement shall be deemed to be executed by a party if that party has executed any of the following formats of this Agreement: (a) an original; (b) a copy; (c) a facsimile copy; (d) a pdf copy or copy produced by other electronic means; or (e) a photocopy of any of the above, Each of which shall be binding on each party by whom or on whose behalf it is so executed, but which together shall constitute a single instrument binding on all the parties.
Schedule 1
Applicable provisions from the Merchant Shipping (Local Vessels)(Certification and Licensing) Regulation on Matters Relating to Restrictions on Class IV Vessels that are let for hire or reward .
The provisions are quoted below:
(1) A Class IV vessel shall not be used otherwise than: (a) by the owner exclusively for pleasure purposes; or (b) if it has been let to any person, by that person exclusively for pleasure — purposes.
(2) A Class IV vessel shall not be let for hire or reward unless: (a) it is let under the terms of a written charter agreement or written hire-purchase agreement; (b) the agreement contains a warning that states clearly: (i) that the person to whom the vessel is let commits an offence if he does not comply with section 6(5)(b) of the Merchant Shipping (Local Vessels) (Certification and Licensing) Regulation; (ii) that the person to whom the vessel is let should read carefully section 6 (except subsections (1), (2) and (4)) of the Regulation; and (iii) where in the agreement the fill text of those provisions may be found; (c) the agreement contains, either in its body or as its attachment, the full text of this section (except subsections (1), (2) and (4)); (d) the warning and text referred to in paragraphs (b) and (c) are in the same language as that of the remaining parts of the agreement and are presented prominently in the agreement; and (e) the agreement is signed by the owner and the person to whom the vessel is let.
(3) A Class IV vessel shall not be let for hire or reward for an intended service that involves the carriage of passengers unless there is in force in respect of the vessel: (a) such certificate of inspection certifying that the vessel is fit for the intended service as is required under the Survey Regulation for a Class IV vessel of the type for which the vessel is certificated; and (b) such policy of insurance in respect of third party risks as is required under the Insurance Regulation for a Class IV vessel of the type for which the vessel is certificated, having regard to the intended service.
(4) If, without reasonable excuse, subsection (1), (2) or (3) is contravened the owner of the vessel, his agent and the coxswain each commits an offense and is liable on conviction to a fine at level 3.
(5) Where a Class IV vessel is let for hire or reward: (a) the owner, his agent and the coxswain shall ensure that there is kept on board the vessel: (i) the relevant written charter agreement or written hire-purchase agreement; and (ii) if any passenger is carried in the vessel, the certificate of inspection and the policy of insurance referred to in subsection (3), or certified copies of them; (b) the person to whom the vessel is let shall ensure that throughout the period when the person is in possession of the vessel: (i) the vessel is not used otherwise than by him exclusively for pleasure purposes; and (ii) the documents referred to in paragraph (a) are kept on board the vessel; and (c) the coxswain shall, on request by an authorized officer, produce for inspection the documents referred to in paragraph (a).
(6) A person who without reasonable excuse contravenes subsection (5), commits an offense and is liable on conviction to a fine at level 2.
(7) A person to whom a Class IV vessel is let does not have a reasonable excuse for contravening subsection (5)(bXii) merely because the person’s contravention is attributable to the contravention by the owner, his agent and the coxswain of subsection (5)(a).
(8) For the purpose of this section, a Class IV vessel is to be regarded as being used by a person exclusively for pleasure purposes if: (a) in the case of the person being an individual, the vessel is used to carry the individual, his family members, relatives, friends and employees, and family members, relatives and friends of his employees, for their pleasure purposes; or (b) in the case of the person being a club, company, partnership or association of persons, the vessel is used to carry its members and employees, and family members, relatives and friends of those members and employees, for their pleasure purposes.
(9) If a person to whom a Class IV vessel is let under a hire-purchase agreement is named in the certificate of ownership as owner by virtue of section 9(b), then subsections (3) and (5) apply neither to the hire-purchase agreement nor to the vessel as far as that agreement is concerned.