Charter For You - Terms and Conditions
Charter For You hereafter referred to as The Company.
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 party's, 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 party's 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 Charterer, 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
VHF Operators 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 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. DISPUTES
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 arise;
and/or
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 tothe 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.
