Substitute Vessel. If the vessel does not sail on or about the advertised or scheduled date for any reason, including fault of the Carrier, the Guest agrees that the Carrier shall be entitled to substitute any other vessel or means of transportation, regardless of whether owned or operated by the Carrier, and to re-berth Guests thereon or, at the Carrier's option, to refund the fare paid or a pro rata portion thereof, without further liability for damages or losses of any kind whatsoever.
Substitute Vessel. In the event of a mechanical problem to the booked vessel, the Agent reserves the right to provide another vessel of similar style and capacity in order for the Charter to be completed.
Substitute Vessel. In the event a Vessel can no longer fulfil the Charter due to any reason, then the CBAA Agent and/or Operator reserves the right to provide another Vessel of similar style and capacity in order for the Charter to be completed. If no other Vessel is available, a full refund will be provided. The Agent will not be held liable for any costs or arrangements associated with the Vessel not being able to operate for any reason and result in the unavailability of a Vessel. If the Operator goes insolvent, the CBAA Agent is not liable to any party.
Substitute Vessel. In the event of a mechanical problem to the booked vessel, the Agent reserves the right to provide another vessel of similar style and capacity in order for the Charter to be completed. Should the CBA Agent be unable to provide a substitute vessel, the Charterer has the right to either reschedule or receive a refund. The liability of both CBA and CBA Agent and Operator is limited to providing a full refund of the quoted Charter, or current paid amount whichever is lower, in case a substitute vessel cannot be provided and will not cover for any extra costs that may have occurred like catering and beverage expenses the Charterer may have. Weather Conditions All Charters will proceed regardless of weather conditions unless deemed unsafe by the Master on the day or Sydney’s Port VTS.
Substitute Vessel. 4.5.1 (a) Upon the sale or Total Loss of a Mortgaged Vessel (the “Original Vessel”) the Borrower shall have an option, to be exercised in writing at any time before payment becomes due (the “Due Date”) under the relevant one of Clauses 4.3 and 4.4, to nominate to the Lenders an alternative ship or ships as security for the obligations of the Borrower under this Agreement and the Master Agreements.
Substitute Vessel. The Owners shall be entitled at any time, whether before delivery or at any other time during the Charter Period, to provide a substitute vessel, subject to the Charterers' prior approval which shall not be unreasonably withheld.
Substitute Vessel. (a) Owner shall, subject to Charterer’s consent (such consent not to be unreasonably withheld, conditioned or delayed) be entitled to provide a substitute vessel of the same or similar capacity and specifications and complying with the same performance criteria as applicable to the Vessel (a 57 SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE THEY ARE BOTH (I) NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH FIVE ASTERISKS (*****). “Substitute Vessel”), to perform this Charter. It shall not be reasonable for Charterer to withhold, condition or delay its consent for any Substitute Vessel proposed by Owner as result of any circumstances not attributable to an act or omission of Owner (including arising as a result of Force Majeure, an Excusable Event, or Adverse Weather Conditions).
