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Sea Spray Yacht Charters Ltd
Largs Yacht Haven
Registered in Scotland
Company No. SC495376
Important: These Conditions form each part of each Bareboat Charter Contract.
SEA SPRAY YACHT CHARTERS LTD (“SeaSpray”)
STANDARD BAREBOAT CHARTER CONDITIONS
4. INSURANCE AND DAMAGE
4.1. The Owner will insure the Yacht against all the usual marine risks including for charter use and with third party liability of at least £3,000,000. The Yacht insurance does not cover personal property of the Charterer or any member of the charter party.
4.2 Sailing in a small yacht is subject to a number of dangers and risks to the lives and physical and economic wellbeing of any participants. The Charterer and all members of the charter party should therefore have appropriate travel and other insurance cover, which includes for death of or injury to them and loss of or damage to their property. To the fullest extent permitted by law, neither the Owner nor SeaSpray shall have any liability to the Charterer or any member of the charter party for their death or injury, or for any loss of or damage to their property or any other economic loss.
4.3. Notwithstanding the provisions of 4.1 the Charterer shall be liable for any damage to or loss of the Yacht, its equipment or furnishings which in the opinion of the yacht's insurers, has been occasioned by the negligence or misuse thereof by the Charterer or any other member of his charter party.
4.4. The Charterer understands that all losses, breakages and failure or malfunction of equipment or systems on board should be reported in writing at the end of the Agreed Charter Period, and if of a serious nature should be notified earlier, to allow for replacements to be obtained or repairs instructed by the Owner, such that subsequent charters are not needlessly delayed or prevented.
4.5. If during the Agreed Charter Period 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-
4.7. The Charterer understands that the Yacht is fully insured against accidents and carries third party liability insurance, but that (to the fullest extent permitted by law) responsibility is not accepted by the Owner or his insurers for personal accidents, damage or losses arising in whole or part from the negligence of the Charterer or members of his charter party.
5.1. The Charterer warrants (a) that he and his crew are competent and medically fit to handle the Yacht safely and that the Charterer or one of his crew will hold during the charter a SRC radio licence; and (b) the truth, accuracy and provision in good faith of all information provided or to be provided by them to the Owner and/or SeaSpray, including in respect of their sailing qualifications and experience.
5.2. The Charterer will take over all fuel and consumable stores on board the Yacht and will fully replace, at the end of the charter, any used during the charter. The full cost of any such items not so replaced shall be paid by the Charterer, which payment SeaSpray may effect via deduction from the Security Deposit.
5.3. The Charterer shall pay for all running expenses of the Yacht during the period of charter including the cost of charts (other than those supplied), fuel, water, food, laundry, harbour dues, mooring charges and all other provisions for himself or other members of his charter party. If any such expenses are not paid by the Charterer and are charged to the Owner and/or SeaSpray, then the Charterer shall pay an amount equal to the same to the Owner and/or SeaSpray, which payment SeaSpray may effect via deduction from the Security Deposit.
5.4. The Charterer shall take good care of the Yacht and all its gear and equipment during the period of charter, and in doing so shall ensure that a competent person is on board and in charge of the Yacht at all times when it is underway. In this regard, for an individual to be regarded as a competent person, he or she must at least (a) hold the RYA Day Skipper practical qualification; or (b) hold an equivalent overseas qualification from his or her country of residence; or (c) have previous experience in charge of a vessel or craft of similar type and size, of duration at least equivalent to the minimum which would be expected of an individual holding the RYA Day Skipper practical qualification..
5.5. In the event of any accident or damage to or running aground of or failure of the Yacht or the happening of any other event which might give rise to a claim under the Owner’s Yacht insurance, the Charterer shall report such an occurrence to the Owner and to SeaSpray forthwith and shall comply with any instructions given to him by the Owner, or SeaSpray acting on the Owner’s behalf, or the Yacht insurers. Where loss or damage is caused to the Yacht the Charterer shall use his best endeavours to obtain the prior approval of the Owner or of SeaSpray, before putting in hand any repairs expected to cost more than £100.
5.6. The Charterer will not sub-
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 unless he has (a) the prior written consent of SeaSpray; and (b) made an additional payment to enable SeaSpray to arrange additional insurance to cover the Yacht against racing risks. In the event that such approval is given, the amount of the Security Deposit will be increased.
5.8. The Charterer will limit the number of persons on board the Yacht, while at sea, to not more than the number of persons for which the Yacht is MCA coded.
5.9. The Charterer will not take the Yacht outside the Permitted Cruising Area as defined in their Charter Contract without prior written authority, nor carry out any other act which might violate the Owner’s insurance or prejudice any claim thereunder.
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 unless with the prior written consent of SeaSpray acting as Booking Agent for the Owner; and any damage caused by any animal allowed on board during the Agreed Charter Period will be the liability of the Charterer.
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.
5.13. The Charterer will not navigate the yacht through the Crinan Canal nor South or West of the Mull of Kintyre without the prior written approval of SeaSpray acting as Booking Agent for the Owner; in the event that such approval is given, the amount of the Security Deposit will be increased.
5.14 At the time of paying the balance of the charter fee, the Charterer will complete and send to SeaSpray a “Charterer and crew details form” which will include information about the sailing experience & qualifications, next of kin contact details etc. of each member of the charter party.
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