SeaSpray Yacht Charters Ltd. Terms & Conditions.
The Booking Agreement
is between The Owner
The Charterer and Skipper.
SeaSpray Scotland Yacht Charter Ltd ("SeaSpray") acts as agent for the yacht owner in arranging the charter and payments. A non-refundable deposit (Booking Fee) of 20% is payable to SeaSpray on booking the charter. The booking is not confirmed until the booking form is returned completed and signed by the charterer; and the booking deposit has been paid.
SeaSpray Yacht Charters Ltd is The Agent for The Owner of the Yacht. At no point will SeaSpray “own” the vessel, use the vessel for its own purposes, or receive the “benefit” of the service provided by the vessel owner
ie) the chartering of yachts. SeaSpray will not alter, in any way, the supply between the yacht owner,
ie) it will act merely and entirely as an agent facilitating the third party to lease the boat from the yacht owner and will not add any of its own services.
The Agreement is written for and on behalf of The Owner and The Charterer by
SeaSpray Scotland Yacht Charters Ltd. Largs Yacht Haven, Irvine Road, Largs, Ayrshire KA30 8EZ
Mobile Number: 07939 517540 Email: firstname.lastname@example.org
The Booking Agent for the yachts "Midnight Mirage", Deja Vue", "Moonsong", "Boarding Pass", & "Rona"
is Sea Spray Yacht Charters Ltd.
The Booking Agent for the yachts, "Fidelio", "Frolika", Morpheus". "Glenmaginn", & "Kadore"
is SeaCrest Sailing Ltd (trading as Sea Spray Yacht Charter Ltd)
In the Terms & Conditions, where "SeaSpray" is mentioned it is applicable to
"Sea Spray Yacht Charters Ltd" & "SeaCrest Sailing Ltd" (trading as Sea Spray Yacht Charters Ltd)
All of these Terms & Conditions apply to the Booking Agent, The Owners of these yachts, & the Charterer.
The Terms & Conditions
The Charter Period shall be the period agreed or any extended period for which the Charterer may be liable by the provisions of this Agreement.
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.
Charter Fees. Payments to SeaSpray & the Owner.
As Agents for the Owner, SeaSpray will arrange Charter Fees and Security Deposit. payments of the Charter fees will be made in either two or three instalments.
A non-refundable deposit Booking Fee will be paid by the Charterer to SeaSpray 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 second payment of the Charter Fee will be paid by the Charterer to The Owner, not less than 28 Days before the start of the Charter Period in the amount shown on The Agreement.
The Charterer will email the Owner & SeaSpray when he has paid the second payment using the Owner's Email address and email@example.com for SeaSpray.
The third and final payment of the balance of payment of the Charter Fee will be paid by the Charterer to SeaSpray not less than one week prior the start of the Charter Period in the amount shown on The Agreement.
Security Deposit will be paid by the Charterer to SeaSpray on behalf of the Owner, not less than one week 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
1. SECURITY DEPOSIT.
The Security Deposit payable by the Charterer to SeaSpray at least 7 days 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 14 days 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 by the Owner. 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 by the Owner. 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 unless otherwise agreed.
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 by the Owner. 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 by the Owner 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.
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
That they should satisfy themselves that they and those they intend to sail on the yacht during their charter (the "charter party") are all reasonably fit and likely to be able to cope with the physical and mental demands of being on a small yacht at sea.
The Charterer warrants 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.
The yachts are provided with full safety gear as specified by the MCA, including liferaft, flares, harness lines and adult-sized lifejackets. Should however the charter party include children for whom adult-sized lifejackets would be too large, then it will be the charterer’s responsibility to ensure that those children are each provided with - and required to wear at all times when on the yacht - suitably sized lifejackets or buoyancy aids.
The charterer and all members of the charter party are deemed to understand and accept that sailing can be dangerous and has certain inherent risks, including the risk of injury or death. The yachts are fully insured against accidents and carry third party liability insurance, but responsibility is not accepted for any personal accidents, damage or losses that are due to the negligence of members of the charter party.
Any unnecessary damage and/or losses attributed to carelessness on the part of members of the charter party will be charged at replacement price; and if not paid by them then recovered from the charterer, who is in any event strongly recommended to arrange appropriate insurance cover for cancellation, injury and personal liability.
For some skippered charters a refundable security deposit may also be payable by the charterer; deductions may be made from this deposit, to allow full or partial recovery of such damage and/or losses.
Damage to a charter party member’s personal property during the charter will not be the responsibility of SeaSpray, or the yacht owner, or their servants or agents. Nor will SeaSpray, the yacht owner or their servants or agents be liable for any other loss, injury or damage which may arise as a result of the normally accepted risks of sailing in a small yacht.
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 & will not navigate the yacht through the Crinan Canal nor South or West of the Mull of Kintyre without the prior written approval of the Owner or of SeaSpray acting as Booking Agent for the Owner.
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. No departure from a safe haven (or anchorage) will be undertaken in a Force 7 or above for all charterers. Force 7 (28 to 33 kts)
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 clauses 6.4 & 6.5 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 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 of any member of the charter party. 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.
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, however if it is considered that breakdown of the engine would prevent the charter from continuing it will be considered to be rendered unnavigable. (for example:- sailing without an engine off a marina berth where it would not be considered to be safe to do so, would be considered as 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 by the Owner 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, up to the value of The Security Deposit. 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.
6.5 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.
6.6 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.
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 hour's cleaning by the Owner, the Owner may deduct up to £75 from the Security Deposit to cover additional cleaning. If the toilet is left blocked there will be an additional charge of £60 in addition to any cleaning fee.
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 When 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 ensure that the Charterer pays the Balance to the Owner. The Balance of the Charter Fee will be paid to the Owner not less than 28 days before the start of the charter, 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 as soon as is practicable 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.
8.6 For the avoidance of doubt, and other than as amended by 8.7 below:
SeaSpray is not making a supply of goods or services under this Agreement – the supply of the Yacht for charter is made by the Owner.
To the fullest extent permitted by law, SeaSpray shall have no liability for claims arising under this charter contract, whether or not arising through a breach of the terms of the contract by either the Owner or the Charterer. The Owner and the Charterer must make any such claim solely against each other.
8.7 The Booking Agent for the yachts "Midnight Mirage", Deja Vue", "Moonsong", "Boarding Pass", & "Rona" is Sea Spray Yacht Charters Ltd.
All of these Terms & Conditions apply to the Booking Agent, The Owners of these yachts, & the Charterer.
The Booking Agent for the yachts, "Fidelio", "Frolika", Morpheus". "Glenmaginn", & "Kadore" & is SeaCrest Sailing Ltd trading as SeaSpray Yacht Charter Ltd. All of these Terms & Conditions apply to the Booking Agent, The Owners of these yachts, & the Charterer.
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.