CAPTAIN’S AUTHORITY Sample Clauses

CAPTAIN’S AUTHORITY a) The owner shall ensure that the Captain shows the charterer the same attention as if the charterer were the owner. The Captain shall comply with all reasonable orders given to him by the charterer regarding the management, operation and movement of the Yacht, wind, weather and other circumstances permitting. The Captain shall not, however, be bound to comply with any order which, in the reasonable opinion of the Captain, might result in the Yacht moving to any port or place that is not safe and proper for her to be in, or might result in the charterer failing to re-deliver the Yacht upon the expiration of the Charter Period. b) Further, without prejudice to any other remedy of the owner, if, in the reasonable opinion of the Captain, the charterer or any of his Guests fail to observe any of the provisions in Clause 8 & 9 and if such failure continues after the captain has given due and specific warning to the charterer in writing in respect to the same, the Captain shall inform the owner or his representative and the broker(s) and the owner may terminate the Charter forthwith or instruct the Captain to return the Yachts to the Port of Re-Delivery and upon such return the Charter Period shall be terminated. The charterer and his guests shall disembark, the charterer having settled all outstanding expenses with the Captain beforehand and the charterer shall not be entitled to be refunded any part of the Charter Fee. c) With particular regard to the use of watersports equipment, as defined in Clause 7, the Captain shall have the authority to prohibit the use by the charterer or any or all of his Guests from use of any particular watersports equipment if, in his reasonable opinion, they are not competent to operate such equipment, are behaving in an irresponsible manner, or are failing to show due concern for other persons when operating this equipment.

CAPTAIN’S AUTHORITY. The Captain of the aircraft shall have absolute discretion to decide what load, including the number of passengers, may safely be carried in the Aircraft on any particular flight and how such load shall be distributed, whether and when a flight may safely be undertaken and when and where the Aircraft shall be landed. The passengers to be carried on any flight under this Agreement, hereby agree to follow in all respects the directions and instructions of the Captain and Crew of the Aircraft. Further, the Customer hereby acknowledges and confirms that all directions or instructions given by the Captain or Crew pursuant to this clause 7 shall be binding on the Customer and that Arkasair may terminate this Agreement without further notice if any passenger fails to comply with any such directions or instructions. Arkasair shall not be liable to the Customer or any other party whatsoever for any loss, damage, costs or claims of whatsoever nature and howsoever arrising as a result of any decision or action taken by Arkasair pursuent to this clause 7.

CAPTAIN’S AUTHORITY. The pilot in command shall at all times be entitled to take all necessary measures for safety reasons. The pilot has the authority to decide with regard to Passenger's seating as well as baggage loading, allocation/placement and unloading. The pilot decides whether or not and how the flight is operated. The same applies if the behaviour or the physical or mental condition of a passenger requires extraordinary assistance on behalf of Eurojets’ crew.

CAPTAIN’S AUTHORITY. 5.1 The Captain (and/or the Contractor – this applies throughout the entire Contract where the Captain is referenced) will have absolute authority in matters of navigation, seamanship and safety. The Captains decisions as to anchoring, sailing, berthing, weather and other matters that may affect the safety and wellbeing of the Guests and the Superyacht, will be final and binding. The Captain will be entitled to require the Guests to comply with all reasonable orders where the Guests or any member of his or her party might otherwise endanger the Superyacht or any person on board, or vitiate the Superyachts insurance, or prevent or be likely to prevent timely redelivery at the end of the Voyage or otherwise be prejudicial to the Contractors interests. 5.2 The Guests must at all times afford the Captain, crew or any persons on board the Superyacht with due respect at all times and the Captain nor any persons will be subjected to any type of harassment, sexual or otherwise, by the Guest at any time during the Voyage. 5.3 The Captain can at any time, terminate the Voyage for any reason, including but not limited to; illness, disease, injury, psychological problems of the Guest/s, vulgar or improper conduct, abuse of alcohol or drugs, or refusal to obey any laws or regulations and return to the point of embarkation or the nearest and /or safest port, if the Captain believes in his or her absolute sole opinion, the safety of the Superyacht or its passengers are at risk, or in circumstances where a Guest refuses to comply with the Captains directions. The Contractor will not be liable for any costs or expenses directly or indirectly associated with the termination of the Voyage or in declining to carry a Guest, or for the involuntary disembarkation of a Guest.

CAPTAIN’S AUTHORITY. The OWNER shall ensure that the Captain shows the CHARTERER the same attention as if the CHARTERER were the OWNER. The Captain shall comply with all reasonable orders given to him by the CHARTERER regarding the management, operation and movement of the Yacht, providing that wind, weather and other circumstances permitting. The Captain shall not, however, be bound to comply with any order which, in the reasonable opinion of the Captain, might result in the Yacht moving to any port or place that is not safe and proper for her to be in, or might result in the CHARTERER failing to re-deliver the Yacht upon the expiration of the Charter Period, or would cause a breach of Clause 13.

CAPTAIN’S AUTHORITY. AFFINTY’s vessel is certified and operated in accordance with the rules and regulations of the United States Coast Guard. AFFINTY shall provide a Licensed Captain who is competent in navigation and a proper and a competent crew to operate the vessel safely and efficiently with the limits of New York, New Jersey, and Connecticut waters and the cost is included in the charter fee. Within the forgoing limits and the time constraints imposed by the duration of the charter, the Charterer may decide the general course of the voyage. Nevertheless, Xxxxxxxxx agrees to be guided by the Captain concerning the safe navigation of the vessel, weather conditions, anchorages and other pertinent technical matters. If, in the sole judgment of the Captain, weather conditions or other factors make it unsafe to navigate the vessel during the scheduled hours of the charter, the vessel shall not sail and the event will be held at the dockside during the hours scheduled for the charter without refund.

CAPTAIN’S AUTHORITY. The OWNER warrants that the Captain meets all requirements necessary to legally command the yacht in the area chartered. The Captain remains in full command with sole responsibility for the safe operation of the yacht at all times. The Captain is authorized to make final decisions as to anchoring, sailing, weather, use of water toys and equipment, and other matters that may affect the safety and well-being of the CHARTERER, crew and yacht.

CAPTAIN’S AUTHORITY. The owner shall ensure that the Captain shows the charterer the same attention as if the charterer were the owner. The Captain shall comply with all reasonable orders given to him by the charterer regarding the management, operation and movement of the Yacht, wind, weather and other circumstances permitting. The Captain shall not, however, be bound to comply with any order which, in the reasonable opinion of the Captain, might result in the Yacht moving to any port or place that is not safe and proper for her to be in, or might result in the charterer failing to re-deliver the Yacht upon the expiration of the Charter Period.

CAPTAIN’S AUTHORITY. The Captain, together with the CHARTERER, will direct the course of the voyage and mutually agree regarding the management, operation, and movement of the Vessel, wind, weather, and other circumstances permitting. However, it is understood that the Captain is in full command of the Vessel and that the CHARTERER agrees to abide by his judgment as to cruising, weather conditions, anchorage selection, and other pertinent matters.

CAPTAIN’S AUTHORITY. The captain of the Aircraft shall have complete discretion concerning the load carried on the Aircraft and its distribution, including the number of passengers and the amount of their baggage, as to whether or not any flight should be undertaken, as to where landings should be made and as to all other matters relating to the operation of the Aircraft and the Authority shall accept all such decisions of such captain as final and binding. The Contractor shall not be liable to the Authority for any loss, damage, costs or claims of whatever nature and