Sea Sag Harbor LLC Terms and Conditions
These Terms and Conditions apply to all charters operated by Sea Sag Harbor LLC on the vessel “Smugairle Róin” (the “Vessel”). The Vessel accommodates a maximum of six passengers.
IMPORTANT: THESE TERMS INCLUDE AN ASSUMPTION OF RISK, RELEASE OF LIABILITY, LIMITATION OF LIABILITY, AND INDEMNIFICATION PROVISIONS. BY BOOKING, PAYING FOR, BOARDING, OR PARTICIPATING IN A CHARTER, YOU AGREE TO THESE TERMS ON BEHALF OF YOURSELF AND, TO THE EXTENT PERMITTED BY LAW, ALL GUESTS IN YOUR PARTY.
1. Booking & Payment
A 50% deposit is required to secure your booking on Smugairle Róin. The remaining balance is due on the day of the charter.
A booking is not confirmed until Sea Sag Harbor LLC has received the required deposit and sent written confirmation.
Rates are as stated in the written booking confirmation and may exclude applicable fuel-surge charges, taxes, gratuities, dockage fees, or other charges specifically identified by Sea Sag Harbor LLC.
The person making the booking is responsible for all payments due and for ensuring that all guests in their party understand and comply with these Terms and Conditions.
2. Cancellations, Delays & Weather
If a guest cancels more than 48 hours before the scheduled charter start time, the deposit is refundable.
If a guest cancels within 48 hours of the scheduled charter start time, the deposit is non-refundable.
If, in the captain’s sole judgment, conditions are unsafe or unsuitable for the charter, including due to weather, wind, sea state, visibility, tides, currents, vessel traffic, mechanical issues, safety concerns, or other operational conditions, the charter may be cancelled, delayed, shortened, altered, or postponed.
Where Sea Sag Harbor LLC cancels a charter for safety or operational reasons, Sea Sag Harbor LLC will offer a rescheduled charter at no additional charge or issue a credit toward a future charter. Refunds, if any, are at the sole discretion of Sea Sag Harbor LLC unless otherwise required by law.
Late arrival by guests may shorten the charter. No refund, extension, or credit will be provided for time lost due to late arrival.
3. Captain’s Authority & Safety
The captain of Smugairle Róin has sole and final authority over the operation and safety of the Vessel at all times. All guests must promptly follow the captain’s instructions.
The captain may, in their sole judgment, alter the itinerary; change the departure or return time; reduce speed; restrict access to areas of the Vessel; limit or prohibit alcohol consumption; prohibit swimming or water activities; require the use of safety equipment; return to dock; or end the charter early where safety, weather, navigation, mechanical conditions, passenger conduct, or any other concern warrants such action.
The captain’s good-faith safety and operational decisions are final and do not entitle guests to a refund, credit, extension, or compensation, except as expressly agreed by Sea Sag Harbor LLC in writing.
4. Conduct On Board
Guests must behave responsibly, safely, and respectfully at all times.
Dangerous, disruptive, abusive, discriminatory, threatening, or illegal behavior is prohibited on board, at the dock, in a tender, or in the water.
Excessive drinking is prohibited. If any guest appears intoxicated, impaired, aggressive, unsafe, or non-compliant, the captain may refuse boarding, restrict participation, return to dock, or terminate the charter without refund.
Red wine and other staining drinks or foods are prohibited unless expressly approved in advance by Sea Sag Harbor LLC.
Smoking and vaping are prohibited except in an area specifically designated by the captain.
Illegal drugs and controlled substances are strictly prohibited. Violation may result in immediate termination of the charter without refund and notification of law-enforcement authorities where appropriate.
5. No Pets or Animals
Pets and other animals are not permitted on board the Vessel.
Guests requiring a service animal should provide advance notice to Sea Sag Harbor LLC so that appropriate arrangements can be considered in accordance with applicable law and Vessel safety requirements.
6. Alcohol & Age Requirements
Guests must be at least 21 years old to consume alcohol on board and may be required to present valid government-issued photo identification.
The captain may refuse, limit, or stop alcohol consumption by any guest at any time, including where a guest appears underage, intoxicated, impaired, disruptive, or unsafe.
Guests are responsible for their own alcohol consumption and conduct. Sea Sag Harbor LLC, the Vessel’s owners, the captain, crew, and agents are not responsible for injuries, losses, or damages resulting from a guest’s intoxication, impairment, or failure to comply with the captain’s instructions.
7. Swimming & Water Activities — Entirely at Guest’s Own Risk
Swimming and all water activities are entirely at each guest’s own risk.
By entering the water, swimming, using a float, paddleboard, tender, or any other water-related equipment, or participating in any water activity, each guest knowingly and voluntarily assumes all risks of injury, illness, drowning, death, property loss, and other harm that may occur.
Swimming, entering the water, and participation in any water activity are permitted only with the captain’s express approval. No guest may enter the water while the Vessel is underway, while the captain has prohibited water access, or without the captain’s express permission.
Guests are solely responsible for their own safety and for the safety, conduct, and supervision of children or other individuals in their party.
All guests must use life jackets, flotation devices, and other safety equipment as directed by the captain or crew.
Children must be closely supervised at all times by a parent, legal guardian, or responsible adult designated by the child’s parent or legal guardian.
The captain may prohibit, limit, or stop swimming and water activities at any time due to weather, current, tides, traffic, visibility, marine conditions, guest behavior, equipment concerns, or any other safety issue.
8. Life Jackets & Children
A U.S. Coast Guard-approved personal flotation device must be available for each passenger on board.
Children must wear approved personal flotation devices as required by applicable law and whenever directed by the captain.
Sea Sag Harbor LLC strongly recommends that all guests wear life jackets while the Vessel is underway, when conditions are rough, and whenever directed by the captain or crew.
9. Damage, Loss & Cleaning
Guests are responsible for any damage to the Vessel, furnishings, equipment, dock facilities, tenders, or other property caused by their acts, omissions, negligence, misconduct, or that of any member of their party.
Sea Sag Harbor LLC may charge the booking guest for repairs, replacement, cleaning, restoration, loss of use, or other costs resulting from guest-caused damage, spills, stains, excessive mess, or soiling beyond normal use.
Sea Sag Harbor LLC, the Vessel’s owners, captain, crew, and agents are not responsible for loss, theft, damage, or destruction of guests’ personal property, including phones, cameras, jewelry, clothing, bags, shoes, or valuables, whether on the Vessel, at the dock, in a tender, or in the water.
Guests should not bring valuables on board unless they accept sole responsibility for them.
10. Health, Fitness & Accessibility
Guests must notify Sea Sag Harbor LLC before the charter of any medical condition, mobility limitation, allergy, pregnancy-related concern, special need, or other circumstance that could affect the safety or participation of the guest or others on board.
Guests are responsible for determining whether they are physically and medically fit to participate in boating, swimming, and water activities.
Sea Sag Harbor LLC and the captain may refuse boarding or participation, without refund, to any person who appears intoxicated, impaired, aggressive, medically unfit, unable to safely board or disembark, or otherwise presents a safety concern.
11. Assumption of Risk; Release; Limitation of Liability; Indemnification
Acknowledgment of Risks
Guests understand and acknowledge that boating, marine travel, boarding and disembarking, use of docks and tenders, swimming, entering the water, and water activities involve inherent and unavoidable risks.
These risks may include, without limitation, wet or slippery surfaces; falls; vessel movement; wakes; waves; changing weather and water conditions; currents; tides; wind; vessel traffic; collision; equipment malfunction; actions of other persons or vessels; marine life; illness; drowning; serious bodily injury; property damage; and death.
Voluntary Assumption of Risk
By booking, paying for, boarding, or participating in a charter aboard Smugairle Róin, each guest voluntarily assumes all known and unknown risks associated with the charter and any related activity, whether occurring on the Vessel, at a dock, in a tender, in the water, or otherwise in connection with the charter.
This assumption of risk specifically includes all risks associated with swimming, entering the water, water activities, the use of floats or other equipment, and any injury, illness, death, loss, or damage that may result.
Release of Protected Parties
To the fullest extent permitted by applicable law, each guest, on behalf of themselves and their heirs, family members, representatives, successors, and assigns, releases, waives, discharges, and agrees not to bring any claim against Sea Sag Harbor LLC; the Vessel; the Vessel’s owners; the captain; crew; employees; contractors; agents; affiliates; managers; members; representatives; and insurers (collectively, the “Released Parties”) for any injury, illness, death, loss, damage, expense, or claim arising out of or related to the charter, the Vessel, boarding or disembarking, swimming, water activities, the acts of other guests, or the inherent risks of boating and marine recreation.
Limits of Release
This release applies only to the maximum extent permitted by applicable law. Nothing in these Terms is intended to release, waive, or limit liability that cannot lawfully be released, waived, or limited.
Personal Property and Indirect Losses
To the fullest extent permitted by law, the Released Parties are not liable for indirect, incidental, special, punitive, or consequential damages, including loss of enjoyment, lost opportunity, travel costs, lodging costs, meals, transportation costs, or other expenses arising from a cancelled, delayed, altered, shortened, or terminated charter.
Guest Indemnification
Each guest agrees to indemnify, defend, and hold harmless the Released Parties from any claim, demand, lawsuit, liability, damage, fine, penalty, cost, or expense, including reasonable attorneys’ fees, arising from or related to:
The guest’s own acts, omissions, negligence, misconduct, intoxication, violation of law, or breach of these Terms.
Damage caused by the guest to the Vessel, Vessel equipment, docks, tenders, or third-party property.
Injury, loss, or damage caused by the guest to another person.
Any claim arising from a guest’s failure to follow the captain’s instructions or safety requirements.
12. Force Majeure
Sea Sag Harbor LLC is not responsible for cancellations, delays, changes, reduced charter time, or other impacts resulting from circumstances beyond its reasonable control, including severe weather, unsafe marine conditions, mechanical failure, emergency repairs, government action, law-enforcement activity, port or dock closures, public-health events, acts of God, or emergencies.
In these circumstances, Sea Sag Harbor LLC will make reasonable efforts to offer a rescheduled charter or credit when practicable. Sea Sag Harbor LLC is not responsible for guests’ related travel, lodging, transportation, meal, or other incidental expenses.
13. Acceptance of Terms
By paying a deposit, making final payment, signing any charter agreement or waiver, boarding Smugairle Róin, or participating in any charter-related activity, each guest confirms that they have read, understood, and agreed to these Terms and Conditions.
The person making the booking confirms that they have informed all members of their party of these Terms and Conditions and accepts responsibility for ensuring their compliance.
Each adult guest may be required to sign a separate waiver and assumption-of-risk acknowledgment before departure. A parent or legal guardian must sign on behalf of any minor guest.
If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect to the maximum extent permitted by law.