Regulations

CHAPTER 1. GENERAL INFORMATION

  1. SHIPOWNER – the Shipowner is NTMX TOMASZ RAMUTKOWSKI, with its registered office at ul. Tysiąclecia 12, 84-230 Rumia, with tax identification number NIP 5882273799. Shipowner means shipowner in person and every helmsman and crew member acting on his behalf and working on the vessel on the day of departure. 
  2. DIVING ORGANIZER – the Organizer of the dive is a natural or legal person who reports to the Shipowner the participants of dives taking place during departure.
  3. PARTICIPANT – a sailing participant is any person who takes part in the sailing. All participants over 10 years old can be participants. Persons who on the day of departure are under 18 years of age may participate in the cruise only under the care of parents, legal guardians or other adult persons who have written consent to care for a minor. The consent must be signed by parents or legal guardians.
  4. CRUISE – going out to sea for a diving, fishing or tourist destination. In the Regulations, the term may be used interchangeably with the term Cruise, with both terms being the same.
  5. These Regulations specify the rules applicable during Sailings organized by the Shipowner.

SECTION 2. RULES AND REGULATIONS

  1. The sailing participant is obliged to appear ready to go to sea in the designated place and time.
  2. The participant or the organizer is obliged to make a payment for departure before the start of the trip.
  3. The participant undertakes to comply with and follow the instructions of the shipowner.
  4. During departure, the participant undertakes to apply the ban:
    • drinking alcoholic beverages;
    • the use of narcotic drugs;
    • smoking tobacco and electric cigarettes.
  5. By participating in the trip, the participant confirms that his health allows him to take part in it, without the need to confirm this fact in writing. In the event of a health condition preventing participation in sailing, the Participant should immediately report this fact to the Shipowner and refrain from sailing.
  6. The participant declares that he can swim. The Participant’s statement is implied, i.e. that the Participant confirms this fact simply by taking part in the departure, without the need to submit a written statement.
  7. In the absence of swimming skills, the Sailing Participant is required to wear a safety vest while on the yacht, while at the same time it is forbidden to enter the water from the yacht.
  8. The participant is obliged to present a valid ID to the shipowner in order to enter on the list of sailing participants.
  9. The participant bears full responsibility for damage caused to the yacht that was caused by his fault.
  10. The shipowner ensures that he has the appropriate permits in force in the country whose flag is the yacht on which the departure takes place.
  11. The shipowner is not responsible for changing the departure route or other inconvenience resulting from reasons beyond the control of one another (e.g. force majeure, bad weather conditions, etc.)
  12. The Company is not responsible for lost Participants personal items lost, damaged or stolen during the departure.
  13. Unless the Participant of the cruise reserves this, photographs taken by the Shipowner during the cruise, including his image, may be posted on the website, in social media and other promotional and information materials.

CHAPTER 3: DIVING

  1. All dives that take place from the deck of m / y POGROMCA or other units used by the Company must be carried out in accordance with the Participant’s privileges.
  2. The Participant or Organizer of the dive takes full responsibility and risk associated with the performed dive, and therefore undertakes not to make any claims against the Owner for damages and accidents arising during the dives.
  3. The diving Organizer bears full responsibility for the group during the dives. If Participants of the dive join independently, then the responsibility during the dives lies with them.
  4. The maximum dive time is 70 minutes including decompression.
  5. Dives longer than 70 minutes must be agreed with the Dive Organizer and the Shipowner.
  6. It is strictly forbidden to pull anything out of shipwrecks.
  7. In the event of non-compliance with the shipowner’s instructions, he may decide to stop the departure and return to the home port – without the right to return the cruise fees to the Organizer or the Participant.

CHAPTER 4: OBLIGATIONS OF THE DIVING ORGANIZER

The dive organizer should:

  1. Ensure that all divers complete the documentation, in particular the list of sailing participants, with particular emphasis on completing dive levels and license numbers.
  2. Discuss the rules on board the yacht and during the dives.
  3. Determine the order of entry into the water. The above order should be given to the Shipowner.
  4. Discuss water entry techniques – signals, signs and rules regarding these techniques.
  5. Discuss the techniques of getting out of the water – signals, signs and rules regarding these techniques.
  6. Attention to divers that it is strictly forbidden to swim directly under the yacht and in the vicinity of the engine propellers.
  7. Check the possession of divers if they have a decompression buoy and discuss the absolute order to use it in the situation of ascent without contact with the ascent line.
  8. Each time agree with the Shipowner on dives longer than 70 minutes.
  9. Ensure that all divers dive in accordance with their privileges.
  10. If independent persons take part in the departure, they are treated as Organizers and must comply with the above guidelines.

SECTION 5: PAYMENTS FOR CRUISES

  1. The departure price includes: yacht space, port fees and yacht fuel. The cruise fee does not include travel costs to the place of departure.
  2. The diving organizer undertakes to pay:
    • Payments in the amount of half the amount for sailing, dive day or weekend, immediately after booking, making the payment to the account – in the case of charter of the entire yacht with crew for one departure, whole day or diving weekend, the payment being considered as the moment of receipt of funds on Shipowner’s account.
    • Payments of the remaining amount 7 days before the start of the cruise or on the day of the start of the cruise before going to sea, however the date and form of payment should be agreed in advance with the Company – in the case of charter the entire yacht with crew for one sailing, all day or diving weekend, with the the payment is considered the moment the funds are credited to the shipowner’s account.
  3. The organizer may make a payment for the yacht charter once on the date of the first payment specified in point 3, letter a) or if the time of departure is shorter than 7 days, in accordance with point 3, letter b).
  4. Making the above payments is confirmation of the conclusion of the contract for participation in the cruise organized by the Shipowner. By paying the fee to the shipowner’s account, the Participant or Organizer confirms that he acknowledges and accepts the conditions of departure and the rules contained in these Regulations.
  5. In the case of booking only part of the boat seats by the Organizer, the Company may make available seats available to other Participants interested in sailing on a given wreck. This does not change the cost of leaving to the Organizer.
  6. Payments should be made to the following account: ING Bank Śląski PL85 1050 1764 1000 0097 1647 2908. The title of the transfer should include: name (if applicable), name and surname of the organizer, date and place of departure. After making the payment, please send an email confirming the payment for the reservation.
  7. A VAT invoice is issued for the service, and a receipt for a natural person.
  8. The organizer has the right to opt out of sailing without costs, if he indicates a person who meets the conditions of participation in the cruise, who will take over the obligations arising from this contract.
  9. If the departure does not take place due to inappropriate weather conditions or other external factors beyond the control of the Company or the Organizer, the parties agree on a new departure date. It may occur at any time, but not later than within 3 months from the date of the original departure. The burden of setting a new date lies with the Organizer, and exceeding the above 3-month period results in the loss of the possibility to perform this dive, without obtaining a refund.
  10. In the event of the Organiser’s resignation from leaving, for reasons beyond the control of the Shipowner, the latter shall make the following deductions from payments made:
    • 7 to 14 days before the date of departure – a fee representing 20% ​​of the total amount for departure, dive day or weekend;
    • less than 7 days before the date of departure – a fee equal to 50% of the total amount for departure, dive day or weekend;
    • on the day of departure – a fee equal to 100% of the total amount for departure, dive day or weekend.
  11. In the case of resignation from departure by a single Participant, for reasons beyond the control of the Company, he makes the following deductions from payments made:
    • within 24 hours before departure – a fee representing 50% of the total amount for departure, dive day or weekend;
    • on the day of departure – a fee equal to 100% of the total amount for departure, dive day or weekend.
  12. In a situation where the departure fee should be paid in cash, by the Participant or the Organizer, and the participant withdrew from the departure for reasons beyond the control of the Shipowner, the Shipowner shall provide the Participant or the Organizer with a bank account number to transfer the required amount.
  13. All refunds by the Shipowner will be made within 14 days from the date of termination of the contract, to the bank account indicated by the Organizer.
  14. There is no interest on the amounts returned.
  15. The Shipowner has the right to terminate the yacht charter agreement with the Organizer if he fails to comply with the Regulations.
  16. The Shipowner may give the Organizer a discount for the yacht charter. Discounts on yacht charter are set individually.

CHAPTER 6: FINAL PROVISIONS

  1. Every person using the trips organized by the Shipowner is obliged to read the above Regulations.
  2. Familiarization with the Regulations is synonymous with the fact that each Participant or Organizer participating in the cruise confirms that he has read it and accepts its provisions. The written signature of the Participant or the Organizer under the paper form of these Regulations is not required.
  3. The Participant is liable for any damage caused by the Participant as a result of failure to comply with the provisions of the Regulations.
  4. All disputes will be settled by a court having local jurisdiction, unless specific provisions provide otherwise.
  5. The Regulations enter into force on May 1, 2020.

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