SeaSpray Yacht Charters Ltd. Terms & Conditions.
The Booking Agreement
is between The Owner
The third party
The Charterer and Skipper.
As Agents for the Owner, SeaSpray will receive Charter Fees and Security Deposit.
A non-refundable deposit Booking Fee will be paid by the Charterer to SeaSpray on behalf of the Owner at the time of booking, in the amount shown on The Agreement. The booking is not confirmed until the booking form is returned completed and signed by the Charterer; and the booking deposit has been paid.
The balance of the Charter Fee is payable by the Charterer to SeaSpray on behalf of the Owner, not less than 28 Days before the start of the Charter Period in the amount shown on The Agreement.
Security Deposit are payable by the Charterer to SeaSpray on behalf of the Owner, not less than one weeks prior the start of the Charter Period in the amount shown on The Agreement.
The Owner and the Charterer agree to the Agreement for the Charter of The Yacht in accordance with the Terms & Conditions of this Agreement in WITNESS whereof the Owner, Charterer and SeaSpray have affixed their signatures
The Terms & Conditions
For the provisions of this Agreement, it is understood that the term “the Charterer” will also cover the situation where the Charterer’s Representative is acting as Agent on behalf of the Charterer(s) . As an example, the Charterer could be a Club Representative, an Agency Representative acting on behalf of The Charterer of the yacht being charterer, or a Commercial Skipper appointed by the Charterer or by SeaSpray Yacht Charters. In this case the Charterer and The Skipper will be named in the Contract and The Skipper will take overall responsibility for the Charter of The Yacht.
1. SECURITY DEPOSIT.
The Security Deposit payable by the Charterer to SeaSpray at least one weeks prior to the Charter Period will be held as security towards, but not necessarily in satisfaction, of the yacht being returned in clean and undamaged condition, loss of or damage to gear and equipment, loss of insurance excess and no claims discount, any uninsured damage, un-replenished fuel, gas and stores and any cost to the Owner due to any breach of this agreement by the Charterer. The Security Deposit or any balance remaining shall be returned to the Charterer within two weeks of the return of the yacht to the Owner, or in the event of a dispute, the balance due will be repaid upon determination of that dispute.
2. OBLIGATIONS OF THE OWNER.
2.1 The Owner will use his best endeavours to make the yacht available at the agreed time and place at the start of the Charter Period. If for any reason the yacht is not available, the Charterer will be entitled to a pro rata refund of Charter Fees for each complete 12-hour delay. If the delay exceeds 48 hours either party may elect to cancel the Charter and the Charter Fee, and the Security Deposit will be refunded in full. The Owner accepts no further liability for any loss or expense incurred by the Charterer and his party due to such delay or cancellation.
2.2 If for any reason the Owner withdraws or fails to provide the yacht after signing this agreement but before the start of the Charter Period the full Charter Fee and Security Deposit will be refunded to the Charterer. SeaSpray will make every effort to provide an alternative acceptable yacht and the Owner agrees to contribute if necessary to a maximum of 10% of the original Charter Fee to any higher Charter Fee charged in such circumstances, but neither the Owner nor SeaSpray accept any further liability to compensate the Charterer.
2.3 If at the start of the Charter Period the yacht is available at a port other than the agreed port (except by mutual arrangement) the Owner shall reimburse the cost of reasonable travelling expenses of the Charterer and his party to enable them to start the Charter from the other port, up to a maximum amount equivalent to one day’s charter.
2.4 The Owner has the right to withhold the yacht from any Charterer and crew he considers unsuitable to be in charge of the yacht. The Owner will normally require that the Charterer and one member of the crew accompany him for sea trials to establish to his satisfaction their ability to handle the yacht correctly and safely. The Charterer must have attained the age of twenty-five.
2.5 Before the start of the Charter Period the Charterer will have the opportunity to inspect the yacht. In accepting the yacht, the Charterer implies his agreement that the yacht is seaworthy and in good order and that he understands the correct use of the yacht and its gear and equipment. Any minor deficiencies should be noted on the inventory and initialled by both parties.
2.6 If the Charterer refuses to accept the yacht on the grounds that he does not agree that it is seaworthy or in a fit state for charter and if the cause of his refusal to accept the yacht cannot be rectified within 48 hours of the start of the Charter Period the Charterer may elect to cancel the Charter. In the event of a dispute the definition of seaworthy and whether the yacht is fit for charter will be decide by SeaSpray who will also advise whether or not all or part of the Charter Fee shall be repaid to the Charterer. As a guiding principle, minor items of equipment which are not working correctly but which do not materially affect the safe handling and navigation of the yacht will not constitute sufficient reason to cancel the Charter.
2.7 If the Charterer shall fail without good cause to accept the yacht within 24 hours of the start of the Charter Period and shall not have notified the Owner of his intention to accept the yacht later during the Charter Period the Owner may elect to cancel the Charter. Charter Fees shall only be returned in respect of any period for which the owner is able to re-let the yacht subject to the deduction of all reasonable expenses incurred by the owner in connection with this agreement and re-letting of the yacht.
3.1 If the Charterer cancels the Charter more than one calendar month before the start of the Charter
Period he will not be liable for the balance of the Charter Fee but will forfeit the Booking Fee unless a suitable substitute charter can be arranged in which case SeaSpray will retain 50% of the Booking Fee to cover the expenses of re-chartering.
3.2 If the Charterer cancels the Charter within one calendar month of the start of the Charter Period he is responsible for paying the full Charter Fee. This may only be varied by agreement between the Owner and the Charterer if a suitable replacement Charterer can be found or an alternative mutually acceptable Charter Period can be arranged in the same year.
4.0 THE OWNER AGREES
4.1 To provide the yacht to the Charterer at the agreed port and time in a good and seaworthy condition, complete with the necessary gear and equipment including items listed in the inventory, proper maintenance having been carried out at the proper intervals to ensure, as far as possible, that the yacht, its gear and machinery functions correctly. The Owner does not warrant the fitness of the yacht in all conditions of weather for any passage or cruise in the Cruising Area Limits. The owner will ensure that the yacht complies with the appropriate category of "THE CODE OF PRACTICE FOR THE SAFETY OF SMALL COMMERCIAL SAILING VESSELS.”
4.2 To provide charts for the Cruising Area but the accuracy of such charts or navigation information on board the yacht cannot be guaranteed. If any extension of the Cruising Area is agreed in writing with the Owner, the provision of additional charts to cover such extension is the responsibility of the Charterer.
4.3 To refund on production of receipts the cost of repairs or replacement of gear or equipment that breaks down or becomes faulty, provided always that such damage results from fair wear and tear and not from the negligence and misuse by the Charterer.
To insure the yacht against fire and all usual marine and collision risks and include third party risks to the extent of not less than £3,000,000 but excluding the amount of the insurance excess which in the event of any claim shall be the responsibility of the Charterer during the Charter Period.
5.0 THE CHARTERER AGREES
5.1 To use the yacht only for normal pleasure cruising, not for racing (except with the prior written permission of the owner) by himself and his party.
5.2 To be fully responsible for the care, navigation and safety of the yacht during the Charter Period, to secure the Yacht, its gear and equipment in harbour, not to sublet or part with control of the yacht and not to endanger the yacht by knowingly entering any port where hostilities are in progress or a blockade exists.
5.3 To be aboard and in charge of the yacht and to ensure that the number of people including children aboard the yacht does not exceed the number of berths provided (or a lesser number as stated by the Owner) whenever the yacht is under way. No animals may be taken aboard except with the written permission of the owner.
5.4 To observe and comply with all seagoing and harbour regulations currently in force and to indemnify the Owner against all consequences of non-observance of such regulations during the Charter Period.
5.5 To abide by all stipulations of the Owner's insurers including staying within the Cruising Area Limits.
5.6 To observe always accepted standards of seamanship and safety so as not to hazard the yacht and its gear, and during inclement weather or other condition to err on the side of safety, even if this necessitates leaving the yacht in another port or returning late at the end of the Charter Period.
5.7 To ensure that when under way all gear is correctly and securely stowed to prevent loss or damage, and that the tender is stowed and lashed on deck, not towed behind the yacht.
5.8 Except in situations where real danger to life or the yacht exists, to exercise due caution in accepting assistance or a tow from another vessel, not disclosing whether or not the yacht is insured, in order not to prejudice the position of the Owner and his insurers in the event of any claim for salvage.
5.9 To abide by all customs and immigration laws and conditions and to indemnify the Owner against any claim or charge made by a customs and immigration official because of any incident during the Charter Period.
5.10 To pay all harbour dues, bill of health, ship to shore radio charges, charts, books, atlases, pilots, (other than those on board provided under clause 4.2 of which the Charterer will have free use) fuel, oil, gas and containers, batteries (not the yacht’s main electrical system batteries) light bulbs and similar expendable items required for the proper working of the yacht and all water and provision costs incurred by himself and his party including any part of the yachts stores of food and drink used during the Charter Period.
5.11 To ensure that any mooring used is adequate for the size of the yacht; that when lying alongside harbour walls, pontoons or other vessels the yacht is properly tied and fendered with regard for tides, currents, prevailing winds and the arrival and departure of other vessels, and that the yacht is not left at anchor without a competent watch aboard in any situation, such as changing tides or winds, which might hazard the yacht.
5.12 To report as soon as possible, by telephone or telegram to the Owner or SeaSpray any accident involving damage to the yacht, its gear or equipment or any incident likely to give rise to an insurance claim, and to record the fullest possible details, including names and addresses of witnesses and to supply this information to the Owner. The Charterer will comply with any reasonable instruction from the owner, insurers or SeaSpray to safeguard the yacht and no repairs above the value of £100 maybe put in hand without the prior approval of the owner.
5.13 To report to the Owner at or before the end of the Charter Period any damage to the yacht or loss of or damage to gear and equipment. In particular, the Charterer will inform the Owner of any incident or problem encountered during the cruise such as grounding of the yacht, striking underwater objects, fouling of anchors or propellers or impact with other vessels, jetties or buoys which may have caused damage to the yacht so that the Owner may make or arrange the appropriate inspection. Failure to disclose or notify such incidents, may render the Charterer liable to the owner or insurers for the full cost of repairs of resulting damage under clause 6.4 hereof or otherwise.
5.14 To re-deliver the yacht free from indebtedness to the Owner promptly at the end of the Charter Period. It is the Charterer's responsibility to take account of weather conditions and possible changes, and to leave sufficient time for the yacht to be returned safely on time.
5.15 Ownership of the yacht shall remain with the owner at all times.
6.1 The Owner will not be liable for any personal injury to, or loss of, or damage to, the property of the Charterer or any member of his party or any person aboard the yacht during the Charter Period, however caused.
6.2 Unless the yacht is damaged or broken down through no fault of the Charterer or any person for whom he is responsible, so that it is rendered unnavigable, no compensation for loss of charter time will be made for delays for minor repairs, such delays being considered a normal risk of cruising. Breakdown of the engine of an auxiliary sailing yacht is not regarded as rendering the yacht unnavigable.
6.3 In the event of an accident or damage happening to the yacht which shall incapacitate her from going to sea for a period of 48 hours or more from the time of such accident, then if such accident is attributable to any defect in the yacht or her outfit, the Charterer may elect to terminate the Charter and shall in that case be entitled to have a proportionate part of the Charter Fee returned or allowed as the case may require in respect of the unexpired residue of the Charter Period. The Charterer shall not be entitled to any such return or allowance for any other cause than the above and the owner accepts no liability for any other loss or expense incurred by the Charterer and his party resulting from delay or cancellation due to damage or breakdown.
6.4 The Charterer will make good, replace or pay for all damage to the yacht, her gear, equipment and furnishings, which is not recoverable under insurance and will indemnify the Owner against all uninsured loss, including insurance excess and no claims discount and damage to sails not caused by dismasting or collision. This provision shall apply after the termination of this agreement and includes any loss or damage arising after the Charter Period but attributable to any act or fault of the Charterer and his party as set out in clause 5.13. Items of equipment lost or damaged must be replaced by identical items or paid for at current costs.
In the event of loss or damage to, or breakdown of gear or machinery, including engines, gearboxes and stern gear which in the opinion of the makers or his local agent is due to the Charterer's negligence or failure to use such equipment correctly or to ensure correct lubrication or cooling, the Owner may claim from the Charterer the cost of repair of such items. The insurance shall be rendered void or the policy monies withheld in whole or in part in the event of any claim because of any act or default of the Charterer or any member of his party, the Charterer will indemnify the owner against any loss or damage consequent upon such act or default.
7.0 RETURN OF THE YACHT
7.1 The Charterer will re-deliver the yacht to the owner at the end of the Charter Period as clean as possible with all gear secure and stowed to the standard he would expect on taking the yacht over. If the yacht is left in a dirty condition requiring more than one hours cleaning by the Owner, the Owner may deduct up to £75 from the Security Deposit to cover additional cleaning.
7.2 If the yacht is not returned by the agreed time, when the Charterer and his party should be packed and ready to leave the yacht, the owner will have the right to charge for excess charter time at twice the daily charter rate for each day or part of a day by which the yacht is overdue. The Owner may waive all or part of this penalty for late return, but only in circumstances of real hazard. The Charterer's obligations under this agreement will continue in force until the eventual re-delivery of the yacht.
7.3 If at the end of the Charter Period the yacht has been left at a port other than the agreed port (except by agreement) the Charterer will be liable to pay for excess charter at twice the daily rate until such time as the yacht is either, taken over by another Charterer, or arrives back at the agreed port in charge of the Owner or a delivery crew arranged to collect and return the yacht.
8.0 SeaSpray AGREES
8.1 In acting as agent for the owner, to use its best endeavours to affect a mutually satisfactory relationship between the owner and the charterer, but it will not be held liable for the consequences of the failure of either party to comply with the terms of this agreement.
8.2 To safeguard the Owner's interests by careful and thorough vetting of the Charterer's yacht handling and navigational experience, and that of his crew, as well as verifying the Charterer's identity.
8.3 To receive from the Charterer, the agreed Charter Fees and to arrange for the Charterer to pay these, less the agreed commission to the Owner. The Balance of the Charter Fee will be paid to the owner no less than 7 days before the start of the Charter Period, unless a stay of payment is requested by the Charterer to SeaSpray by telephone or telegram before this time if the yacht is not available, or that the Charterer judges it to be unseaworthy or not in a fit state to charter, when SeaSpray will adjudicate as in clause 8.5 below.
8.4 To receive and to hold as trustees, subject to this agreement, the Security Deposit to cover repair of damage to the yacht, repair or replacement of equipment, the loss of items, un-replenished stores, fuel, or gas, loss of insurance excess and no claims discount in the event of a claim. This Deposit, less any deductions will be returned to the Charterer 14 days after the yacht is returned (this period may be extended by agreement if the Owner is not able to inspect the yacht within this time).
8.5 To assist in resolving any dispute which may arise between the Owner and the Charterer, both parties agreeing to be guided by SeaSpray view of fair apportionment of liability or blame, each contributing to SeaSpray reasonable costs of arranging or attempting to resolve the dispute between the parties, including travelling expenses.
9.0 FORCE NAJEURE
No liability shall accrue to either party if the other is precluded from fulfilling any or all of the obligations of this agreement by act of God, or Government, or Authority, inevitable accident or such thing or act which is totally outside the control or influence of the parties hereto.
10. 0 LAW
This agreement shall be construed in accordance with the
Law of Scotland.