BAREBOAT AND SKIPPERED CHARTER
Here is the 'small print' - that we ask you to agree to before we accept a
A deposit as stated on the booking form is required to reserve a yacht and
no reservation will
be confirmed until this has been received.
BAREBOAT CHARTER CONDITIONS
Skye Yachts Limited trading as Isle of Skye Yachts hereafter referred to as
1. CONDITIONS OF PAYMENT
1.1. The Company will let the Yacht and the Charterer will charter the Yacht for the period of the charter for an agreed Fee. The Charterer will be over 25 years of age. An advance payment will be paid to The Company on the Charterer signing the agreement. The balance of the Charter Fee, plus a Security Deposit will be paid to The Company no less than 28 days before the start of the period of charter.
1.2. In the event of the charterer giving notice in writing of cancellation:-
1.2.1. If the notice in writing of cancellation is given at least two calendar months in advance of the start of the period of charter, the advance payment shall be forfeit but the Charterer shall have no liability for the balance of the charter fee.
1.2.2. If the notice in writing of cancellation is received less than two months in advance of the start of the period of charter, the Charterer will be liable for the full balance of the charter fee, but shall be entitled to find a replacement Charterer who is acceptable to The Company. It is therefore, strongly recommended that Charterers cover themselves with adequate Travel/Cancellation Insurance.
2. DELIVERY OF YACHT
2.1. At the start of the period of charter the Charterer will have the opportunity to inspect the Yacht and upon this acceptance the Yacht shall be deemed to be in good order and fully in compliance with its description.
2.2. The Company has the right to accompany the Charterer for trials prior to handover and, if not satisfied of the ability of the Charterer and his crew to handle the Yacht safely, will terminate this agreement (in terms of section 2.3), or restrict the cruising limits, or allow the charter to proceed as a Skippered Charter.
2.3. The Company reserves the right to refuse to hand over the Yacht to
anyone who, in their opinion, is not suitable to take charge. No reason need be given. In this event all sums paid will be refunded with no claim against The Company.
2.4. If the charterer is not available to accept the yacht at, or within 4 hours of the agreed time and place, any subsequent boarding shall be at the convenience of The Company who reserve the right to charge for any additional costs incurred. Under these circumstances, no pro-rata refund for lost charter time will be considered.
3. OBLIGATIONS OF THE COMPANY
3.1. The Company will deliver the Yacht to the Charterer at the start of the period of charter in full commission, in good condition and with all the gear and equipment complying with MCA regulations in force at the time for the specified cruising limits of the Yacht. We do not warrant that items of ancillary mechanical or electrical equipment, whether advertised in the description of the yacht or not will be in working order at all times.
3.2. The Company will deliver the Yacht to the Charterers at the agreed time and
place. If for any reason The Company are unable to deliver the Yacht a refund will be
made to Charterer pro-rata for each complete 12 hour period of such delay. If such delay exceeds 48 hours, the Charterer shall have the right to terminate the agreement and receive a return of both Charter Fee and Advance Payment without further liability to The Company.
4. INSURANCE AND DAMAGE
4.1. The Company will insure the Yacht against all the usual marine risks
with protection and indemnity insurance of at least £2,000,000. The Yacht insurance does not cover personal effects of the Charterer or any member of the charter party.
4.2. Notwithstanding the provisions of 4.1 the Charterer shall be liable for
any damage or loss to the Yacht, its equipment or furnishings occasioned by
the Charterers, or any other member of the charter party¹s, own negligence or misuse.
4.3. If during the period of charter the Charterer is prevented from using
the Yacht through reason of breakdown of machinery or gear or by damage to the Yacht which is not due wholly or in part to the Charterer, his servants or agents or any member of the charter party¹s negligence, act or omission then a pro-rata return of the Charter Fee shall be paid to the Charterer for any period that the Yacht is unfit for use. Engine breakdown and failure of electronic navigational aids are not considered to make the Yacht unfit for use under the terms of this agreement.
4.4. If during the period of the charter the Yacht becomes a total loss,
whether actual or constructive, and provided such total loss is not due wholly or in part to the Charterer, his servants or agents or any member of the charter party's negligence, act or omission or misuse by the Charterer, his servants or agents or any member of the charter party then a pro-rata refund of the unexpired portion of the Charter Fee shall be made to the Charterer.
4.5. The Company shall have no liability for the death or personal injury to
the charter, his servants or agents or any member of the charter party or any other person except where such death or injury is caused by the express act, default or
negligence of The Company
4.6. Save as provided in clause 4.5 The Company shall have no liability for
any loss or damage however caused arising out of this agreement or of the Charterers use of the Yacht.
5. OBLIGATIONS OF CHARTERER
5.1. The Charterer warrants that he and his crew are competent and medically fit to handle the Yacht safely. The Charterer or one of his crew will hold a SRC radio licence.
5.2. The Charterer shall take over all fuel, gas and consumables stores on board the Yacht and the cost of those items not replaced by the end of the charter shall be deducted from the security deposit.
5.3. The Charterer shall pay for all running expenses during the period of charter.
5.4. The Charterer shall take good care of the Yacht and all its gear and equipment during the period of charter.
5.5. In the event of any accident or damage to or failure of the Yacht or the happening of any other event which might give rise to a claim under The Company insurance, the Charterer shall report such an occurrence to The Company forthwith and shall comply with any instructions given to him by The Company or the insurers. Where loss or damage is caused to the Yacht the Charterer shall use his best endeavours to obtain the prior approval of The Company before putting any repairs in hand.
5.6. The Charterer will not sub-let or part with control of the Yacht without the written consent of The Company.
5.7. The Charterer will not use the Yacht for any other purpose than for private cruising for himself, his crew and his guests. He/she will not race the Yacht.
5.8. The Charterer will limit the number of his party to not more than the number stated on the Yacht¹s MCA Certificate.
5.9. The Charterer will not take the Yacht outside the Cruising Limits without prior authority nor do any other act which might violate The Company insurance or prejudice any claim there under.
5.10. The Charterer will assume full responsibility for the safe navigation of the Yacht at all times during the period of charter including the security of the Yacht and all equipment while in harbour, at anchor or when otherwise left unattended.
5.11. The Charterer will not allow any animals on board the Yacht.
5.12. The Charterer will comply with all rules and regulations of MCA, Customs, harbour or other competent authorities to which the Yacht becomes subject.
6.1. In this agreement the singular will include the plural and the male the female. All disputes arising out of this agreement shall be determined by the laws of Scotland. For reference purposes all correspondence relating to any dispute will be lodged with the disputes committee of The Association of Scottish Yacht Charterers.
6.2. In the event of any dispute between parties arising out of this agreement it will be referred to the disputes committee of The Association of Scottish Yacht Charterers and an arbitrator appointed whose decision will be binding on both parties.
7. SECURITY DEPOSIT
7.1. A security deposit as indicated on the price list will be added to the final invoice.
7.2. The Company may retain the Security Deposit in reduction or extinction of:-
7.2.1. Any liability of the Charterer to The Company howsoever the same may
7.2.2. The cost of repairing any loss or damage to the Yacht, her equipment, or furnishings which occurs during the period of charter and which is for any reason not recoverable under The Company insurance howsoever the same shall occur provided that such retention shall be without prejudice to the right of The Company to recover any unsatisfied balance of such liability or cost from the Charterer.
7.3. Subject as aforesaid, the Security Deposit or any balance remaining shall be returned to the Charterer within 14 days after redelivery of the Yacht to The Company or the termination of the Agreement under clause 8 hereof or, in the event of dispute upon the determination of such dispute.
8. TERMINATION OF AGREEMENT
If the Charterer fails to comply with any provision of this agreement with The Company may forthwith terminate the agreement and resume possession of the Yacht, but without prejudice to the right of The Company to recover damages in respect of any breach of the agreement by the Charterer.
9. RE-DELIVERY OF THE YACHT
The Charterer will re-deliver the Yacht to The Company free of indebtedness
at the end of the period of charter in as good, clean and tidy condition as when delivered to the Charterer (reasonable wear and tear excepted) and with her inventory complete at her base or some other convenient place to be notified to the Charterer. If the Charterer fails to re-deliver the Yacht at the time and place agreed, he shall be liable to pay to The Company a sum equal to twice the pro-rata daily Charter Fee for every day or part of a day by which re-delivery is delayed. The Charterers obligation under this agreement shall continue in force until eventual re-delivery. Failure to return the Yacht in a clean and tidy condition will incur a charge by The Company dependent on time spent returning the Yacht to a clean and tidy condition based on an hourly rate of £25.
BOOKING TERMS AND CONDITIONS FOR RYA COURSES.
1. A non-refundable deposit of £100 is payable on booking the course. The booking is not confirmed until the booking form provided is returned completed, signed and the deposit has been paid.
2. The balance of the course fee and any extras must be paid 28 days before the course is due to commence. If the course is booked within one calendar month of the start of the course, the full amount of the course fee is due with the booking. To cancel, written notice must be received at least 28 days before the course is due to commence otherwise the balance of the course fee remains payable. We strongly recommend that travel insurance cover is in place for such an eventuality.
3. If a minimum number of participants have not confirmed their booking by 28 days prior to the course commencement date, then it may be necessary to cancel or postpone the course. In these circumstances, every effort will be made to rearrange at a mutually convenient time or the deposit will be refunded. No further liability will exist on either party.
Age Limits and Responsibility
4. Isle of Skye Yachts cannot accept students under the age of 16. Students aged 16 to 18 must be accompanied by a responsible adult.
5. There is no upper age limit, but students should satisfy themselves that they are fit and able to join their chosen course. The student is deemed to:-
a. Be aware that sailing can be dangerous and has certain inherent risks. (For example the possibility of sailing in adverse weather conditions is one of the inherent risks).
b. Voluntarily accept the risk of injury. (For example, such as might be sustained to the skull during an accidental gybe, or to the hand or neck trapped in a mainsheet or to a back while hauling on a halyard are all part and parcel of the obvious risks that must be willingly accepted by the student).
c. Voluntarily accept the risk of serious injury or even death. (For example some of the less obvious dangers of sailing are the possibility of drowning or hypothermia following a sudden change of weather, or man overboard, or capsize incident).
d. Voluntarily accept that the wind strength and direction plays an important part in the benefit obtained from the Course he or she chooses to take part in.
6. Our yachts are fully insured against accidents and carry third party liability insurance, but responsibility is not accepted for personal accidents, damage or loss due to your negligence. Unnecessary equipment damage and losses attributed to your carelessness will be charged to you at replacement price. You are strongly recommended to arrange personal insurance cover for your own cancellation, bodily injury and personal liability. Damage of your personal property by another student is not the responsibility of Isle of Skye Yachts.
7. To ensure that they do not take any action which, jeopardises the safety of fellow students, skipper or yacht.
8. To observe the standards of personal conduct which will not be considered offensive by fellow students or neighbouring vessels.
9. In the event of unacceptable behaviour, Isle of Skye Yachts reserves the right to terminate the offending client’s course. This may involve being put ashore at the first available opportunity. The Skippers decision in all such matters is final and binding. In these circumstances course fees will not be refunded.
10. Isle of Skye Yachts has high standards of instruction and applies RYA guidelines on the issue of certificates. Certificates will not be issued if, in the opinion of the instructor, the student has not reached the necessary standard. Certificates are awarded by the Principal of Isle of Skye Yachts on the recommendation of the instructor.
11. Neither Isle of Skye Yachts nor its servants or agents shall be liable for any loss, injury or damage which may arise as a result of the normally accepted risks of sailing in a small yacht.
12. This contract is subject to the Law of Scotland.
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