Neither party is liable for delay or failure to perform arising from events beyond reasonable control, including but not limited to adverse weather, named storms, port or customs closures, mechanical failure despite proper maintenance, acts of government, epidemic, or civil unrest.
Where a charter is prevented by force majeure, the Operator will, in good faith and where practicable, offer: (a) a postponement to alternative dates within 12 months at the same rate, or (b) a proportional refund reflecting costs already incurred. The Operator's liability is in any case capped at the total charter fee paid.