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Yacht Charter Terms & Conditions
These are our standard Yacht Charter Terms and Conditions, between Charter Companies & Yacht Users. Please read them carefully to see where they differ from your own.
TERMS AND CONDITIONS OF CHARTERING A YACHT
1. CONDITIONS OF PAYMENT
1.1 Yacht Charter Provider Ltd ('Charter Company') will let the yacht and the charterer ('Customer') will hire the yacht for the period of the charter for an agreed charter fee.
1.2 The Customer must have the correct and valid documentation and qualifications.
1.3 Payments will be made in full by the Customer upon booking the yacht, but will be retained by PlainSailing.com until the date of commencement of the charter, when it will be passed to the Charter Company.
1.4 In the event of the Customer giving notice of cancellation:-
- Yacht charters can be cancelled more than 45 days in advance of the commencement of the charter at no cost: a full refund will be awarded to the Customer (less any transaction costs applied by the bank).
- Yacht charters cancelled less than 45 days in advance of the commencement of the charter, but more than 30 days will incur a forfeit of 50% of the charter cost (excluding additional services or equipment, which will be refunded in full). This 50% will be paid to the Charter Company by PlainSailing.com from the retained funds for this booking, and the remainder will be refunded to the Customer, less any transaction costs applied by the bank.
- Yacht charters cancelled less than 30 days in advance of the commencement of the charter, but more than 14 days will incur a forfeit of 75% of the charter cost (excluding additional services or equipment, which will be refunded in full). This 75% will be paid to the Charter Company by PlainSailing.com from the retained funds for this booking, and the remainder will be refunded to the Customer, less any transaction costs applied by the bank.
- Yacht charters cancelled less than 14 days in advance of the commencement of the charter will incur a forfeit of 100% of the charter cost (excluding additional services or equipment, which will be refunded in full). This full amount will be paid to the Charter Company by PlainSailing.com from the retained funds for this booking.
2. DELIVERY OF THE YACHT
2.1 At the start of the period of charter the Customer 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 Charter Company has the right to accompany the Customer for trials prior to delivery and if not satisfied of the ability of the Customer and his crew to handle the yacht safely may 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 Charter 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 Charter Company.
2.4 If the Customer fails to collect the yacht within 24 hours from the start of the period of charter and fails to notify the Charter Company of their intention to collect it at a later date within the period of charter, the Charter Company will then be at liberty to conclude the agreement as fulfilled without notice to the Customer, and the booking will be viewed as having been cancelled with less than 14 days notice, and therefore no refund is applicable.
3. OBLIGATIONS OF THE CHARTER COMPANY
3.1 The Charter Company will deliver the yacht to the Customer at the start of the period of charter in full commission, in good condition and with all gear and equipment complying with DTP regulations in force at the time for the specified cruising limits of the yacht.
The yacht will carry a full set of tools and spares necessary for foreseeable minor repairs. The Charter Company does not warrant the fitness of the yacht in all conditions of weather for any particular cruise or passage within the cruising limits.
3.2 The Charter Company will deliver the yacht to the Customer at the agreed time and place. If for any reason the Charter Company are unable to deliver the yacht a refund will be made to the charterer pro-rata for each complete 12 hour period of such delay.
If such delay exceeds 24 hours, the charterer shall have the right to terminate the agreement and receive a full refund without further liability of either party to pay compensation to the other.
4. INSURANCE AND DAMAGE
4.1 The Charter Company will insure the yacht against all the usual marine risks with protection and indemnity insurance of at least £1,000,000 and subject to policy excess no greater than the amount of the security deposit. The Yacht insurance does not cover personal effects of the Customer or any member of the Customer's party.
4.2 Notwithstanding the provisions of 4.1 the Customer shall be liable for any damage or loss to the yacht, its equipment or furnishings occasioned by the Customer or any member of the Customer's party’s, own negligence or misuse.
4.3 Before taking charge of the boat, the Charter Company require a security deposit of £500 - this can either be cash, or an authorisation on a debit / credit card. If the yacht is returned in a good condition (without any damage other than natural wear and tear) the deposit will be returned in full.
4.4 If, during the period of charter, the Customer 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 Customer, or any member of the Customer's party’s negligence, act or omission then a pro-rata return of the charter fee shall be paid to the Customer for any period that the yacht is unfit for use. Engine breakdown is not considered to make the yacht unfit for use under the terms of this agreement.
4.5 If during the period of charter the yacht becomes a total loss, whether actual or constructive, and provided such total loss is not due wholly or in part to any act of negligence, omission or misuse by the Customer, or any member of the Customer's party then a pro-rata of the unexpired portion of the charter fee shall be made to the Customer.
4.6 The Charter Company shall have no liability for death or personal injury to the Customer or any member of the Customer's party or any other person except where such death or injury is caused by the express act, default or negligence of the Charter Company.
4.7 Save as provided in clause 4.6 the Charter Company shall have no liability for any loss or damage however caused arising out of this agreement or of the Customer's use of the yacht.
5. OBLIGATIONS OF THE CUSTOMER
5.1 The Customer warrants that they and their crew are competent and medically fit to handle the yacht safely. A Doctors note confirming medical fitness is required for all those aged 70 or over and where the skipper is 70 or over confirmation of fitness to act in this capacity must be specifically indicated by the Doctor.
5.2 The Customer shall pay for all running expenses during the period of charter including the cost of charts (other than those supplied) food, laundry charges, bills of heath, harbour dues, port dues, mooring charges, pilotage and all other provisions for themselves and their party.
5.3 The Customer shall take good care of the yacht and all its gear and equipment during the period of charter. Charges may be applied by the Charter Company for the repair of damage or the replacement of equipment or other on-board items.
5.4 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 Charter Company’s insurance, the Customer shall report such occurrence to the Charter Company at the earliest opportunity and shall comply with any instructions given to him by the Charter Company or the insurers. Where loss or damage is caused to the Yacht the Customer shall use his best endeavours to obtain the prior approval of the Charter Company and will in any event obtain a written estimate for any work likely to cost more then £50.00 before putting any repairs in hand.
5.5 The Customer will not sub-let or part with control of the yacht without consent of the Charter Company.
5.6 The Customer will not use the yacht for any other purpose other than for private cruising for themselves and their crew. The Customer will not race the Yacht except with the written approval of the Charter Company.
5.7 The Customer will limit the number of persons on board, whilst at sea, to not more than the number stated in the Code of Practice Compliance document, which is carried on board.
5.8 The Customer will not take the Yacht outside the cruising limits nor do any other act which might violate the Charter Company's insurance or prejudice any right to claim thereunder.
5.9 The Customer 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.
5.10 The Customer will not allow any animals on board the yacht without the prior written permission of the Charter Company and any damage caused by such animal will be the liability of the Customer.
5.11 The Customer will comply with all the rules and regulations of Customs, port, harbour or other authorities to which the yacht becomes subject.
6.1 Where the agreement is signed by an agent on behalf of the Charter Company, the agent acts in good faith but contracts as agent only and incurs no liability for any acts, matters or things done, omitted or suffered by either party.
7.1 In this agreement the singular will include the plural and the male the female.
7.2 As a primary recourse, PlainSailing.com will act as an intermediary and arbitrator to determine a fair solution for all parties involved.
7.3 In the event of the matter being unable to be resolved by PlainSailing.com, the dispute shall be determined by the laws of the home country of the Charter Company. Any dispute between the parties arising out of this agreement it will be referred to the disputes committee of Associated Scottish Yacht Charters / the PCA and an arbitrator appointed whose decision will be binding on both parties.
8. SECURITY DEPOSIT
8.1 The Charter Company may retain the Security Deposit in reduction or extinction of:-
a) any liability of the Customer to Charter Company howsoever the same may arise: and/or
b) 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 Charter Company’s insurance howsoever the same shall occur – provided that such retention shall be without prejudice to the right of Charter Company to recover any unsatisfied balance of such liability or cost from the Customer.
8.2 Subject as aforesaid, the Security Deposit or any balance remaining shall be returned to the Customer with 7 days after the redelivery of the Yacht to Charter Company or the termination of the Agreement under clause 9 hereof or, in the event of dispute, upon the determination of such dispute.
9. TERMINATION OF AGREEMENT
9.1 If the Customer fails to comply with any provision of this agreement the Charter Company may terminate the agreement and resume possession of the Yacht, but without prejudice to the right of Charter Company to recover damages in respect of any breach of the agreement by the charterer.
10. RE-DELIVERY OF THE YACHT
10.1 The Customer will re-deliver the Yacht to the Charter Company free of indebtedness at the end of the period of charter in as good, clean and tidy condition as when delivered to the Customer (reasonable wear and tear excepted) and with her inventory complete at her base or other convenient place to be notified to Customer.
If the Customer fails to re-deliver the Yacht at the time and place agreed, he shall be liable to pay the Charter 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 Customer’s 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 Charter Company dependent on time spent returning the yacht to a clean and tidy condition, based on an hourly rate of £25 per hour.