BAREBOAT CHARTERS & SKIPPERED CHARTERS:
13 AGREEMENT TO SKIPPERED &BAREBOAT CHARTER:
13.1 The Customer hereby agrees to engage the Company and the Company hereby agrees to supply a vessel for the Charter Fee, subject to the terms of this Agreement.
13.2 The boat shall be used for leisure / recreational purposes only unless agreed to by the company.
14 PAYMENT OF BAREBOAT & SKIPPERED CHARTER FEE:
14.1 The customer shall within 7 days of booking, pay to the company 30% of the Charter Fee as a Deposit for the booking. The remainder is due in full no less than 40 days prior to the commencement of the charter.
14.2 If cleared funds are not received 40 days before the commencement of the Bareboat or skippered Charter the Company will cancel the charter and the Customer will forfeit any monies paid. If cancelled with in 40 days of Charter commencing customer is still liable for full amount of charter cost. Cancellation prior to 40 days commencement of charter will incur 25% of charter admin fee.
14.3 A damages & costs deposit is pre-authorised on the customer’s credit/debit card and held if damage to the/a vessel occurs, a maximum of £3,000 for yachts and £3,000 for RIB boats subject to qualifications held. During the booking process you will be provided with the option of either purchasing Yacht Damage Waiver or paying a higher Security Deposit at the base as set out below. You will not be able to proceed with your booking unless you agree to one of the options and by asking us to confirm your booking you are agreeing to comply with the content of this section and make any required payment.
14.4 All costs for damage, refuelling and cleaning are automatically claimed via the pre-authorised deposit held.
14.5 The deposit pre-authorisation expires from 7-14 days after your charter depending you the bank card used.
14.6 The customer will pay the recovery and refuelling costs for the vessel if for any reason the companies staff or agents are required to recover the vessel from any port other than named on the top of this agreement.
15 COMPANY OBLIGATIONS:
The Company undertakes as follows:
15.1 To deliver and berth afloat the Vessel at the Collection Port by the Collection Date in good and seaworthy condition fully bunkered and with all the necessary gear and equipment.
15.2 To ensure that the Vessel, her gear and equipment are in good order and condition and in all respects fit, serviceable, and ready for the Bareboat Charter.
15.3 To ensure that the Vessel complies with, and to provide all necessary documentation in accordance with, the regulations in force for the time being under the laws of the flag state to which the Vessel belongs, including any customs or other fiscal requirements.
15.4 To keep the Vessel and her equipment insured for her full market value against fire and all the usual marine and collision risks with third party cover of at least £2,000,000 (two million pounds Sterling) and to ensure that the insurance policy applicable to the Vessel extends to the Bareboat Charter by the Customer.
15.5 To pay all port expenses and harbour dues incurred at the Collection Port and the Return Port.
15.6 To provide a comprehensive handover of the Vessels machinery, systems and safety equipment and general condition to the Customer and his Bareboat Skipper prior to the commencement of the first Bareboat Charter to the level requested by the bareboat skipper. Subsequent Charters may not require a full handover but this is at the sole discretion of the Company. A skipper leaving the marina on the charter vessel is acceptance of its condition.
15.7 In the event that the Vessel is rendered unavailable for the Bareboat Charter before the Collection Date as a result of any defect in her hull, machinery, equipment or gear or through any other cause or reason outside the influence or control of the Company, including but not limited to Act of God, explosion, flood, ice, tempest, fire, accident, extreme weather, drought, war, threat of war, sabotage, insurrection, civil disturbance, requisition, lock- out strike, legislation, restrictions, regulations, prohibitions or measures of any kind on the part of any government or local authority, the Company may postpone or cancel the Bareboat Charter.
15.8 In the event of cancellation of the Bareboat Charter by the Company before the Collection Date, the Customer will be reimbursed 100% of the Charter Fee or transfer the Charter Fee to another date for the Bareboat Charter that is mutually acceptable to both parties.
16 CUSTOMER OBLIGATIONS:
The Customer undertakes as follows:
16.1 To forfeit the Charter Fee if the Customer cancels the skippered or Bareboat Charter, within 40 days of the scheduled Collection Date.
16.2 To ensure that Bareboat Skipper and the crew join the Vessel on the Collection Date and present the original Bareboat Skippers Qualifications as required by the Company a copy will be taken by the company, a proof of identity is also required with address on the Photo ID (driving licence or passport with a prof of address document such as a utility bill with in 3 months of the date of charter). Please note that the minimum acceptable qualification the company can and will accept is an RYA Day Skipper Practical sailing certificate, gained in UK waters.
16.3 If the Customer can not comply with Clause 16.2 at the start of the Bareboat Charter, the Charter will be cancelled immediately and the Customer will forfeit the Charter fee. If a replacement skipper with suitable Bareboat Skipper Qualifications is made available the Company may, in its absolute discretion, allow the Bareboat Charter to continue.
16.4 The Customer must sign the handover document accepting the Vessel and her condition. The customer also agrees to our terms and conditions by booking a charter with us.
16.5 To ensure that the Vessel is safely manned at all times throughout the Bareboat Charter. Minimum manning will include the nominated Bareboat Skipper at all times and at least one other person competent to crew the vessel. The Customer may nominate more than one Bareboat Skipper.
16.6 To ensure that at all times during the Bareboat Charter the Vessel is navigated and sailed in a safe and seamanlike manner and to ensure that the Vessel shall arrive at a Marina berth each day before dusk in the same condition that she departed the Collection Port, fair wear and tear accepted. The Vessels berth at the Collection Port, or an alternative berth at that port, will always be available for use during the Bareboat Charter.
16.7 To pay all port expenses and harbour dues incurred at any port other than the Collection or Return Ports and all other vessel running expenses whatsoever, incurred in relation to the Bareboat Charter.
16.8 The vessel will be handed-over to the client with a full tank of diesel. Prior to the client handing the vessel back to the company at the end of their charter, it must be fully-refilled by the client at their own cost. We include 3 engine hours use per day for each charter. Each engine hour beyond this amount is charged at £50 per hour.
16.9 To ensure that under no circumstances is the Vessel operated during the hours of darkness, unless a Skipper provided by the Company is on board or has express permission to do so or the skipper has RYA coastal Skipper practical or above qualifications.
16.10 To assume full responsibility for ensuring all reasonable precautions for the Vessels machinery is maintained, including daily engines checks. If you or your party cause damage or loss to the vessel, any ancillary equipment or to property belonging to a third party and such damage or loss is caused as a result of your negligence or reckless conduct you will be liable for the full extent of the loss suffered and our right to claim against you will not be limited or waived in any way by the payment of the security deposit or purchase of Yacht Damage Waiver. Acts that will be considered as negligence or reckless conduct will include, without limitation, sailing outside of defined sailing areas and/or hours, sailing the vessel under the influence of alcohol and/or drugs, not having sufficient crew in charge of the vessel at all times, not being in control of the vessel by means within the control of the Skipper.
16.11 To assume full responsibility for the safety of the Vessel, crew and passengers, including, in the case of the Vessel, periods when the Vessel is left unattended.
16.12 Not to allow the Bareboat Skipper, crew and/or passengers to engage in any conduct that shall render void any insurance policy in relation to the Vessel. This includes but is not limited to engaging in any activity for commercial gain and operating the vessel under the influence of alcohol or recreational drugs. Failure to comply with this clause will render the deposit as forfeit.
16.13 To ensure that the Vessel remains afloat at all times and not to interfere with or change the standard configuration of the equipment on the Vessel.
16.14 To ensure that the Vessel is berthed securely at the Return Port with full fuel tanks on completion of the Bareboat Charter. If the Vessel is not fuelled by the customer upon return to base, the Company will charge the Customer the actual cost to refuel the yacht plus standard admin fee of £50. The cost for this will be deducted from any security deposit held.
16.15 To indemnify the Company against any liability caused as a result of the Bareboat Skipper, Crew or passengers being in possession of any illegal substances during the Bareboat Charter.
16.16 Any damages or losses will be charged to the Customer automatically via the security deposit which the company holds for the duration of the charter.
16.17 To indemnify the Company against any liability caused as a result of any failure of the Bareboat Skipper, Crew and/or passengers to comply with any and all regulations of Customs, Immigration, Harbour and other Authorities during the Bareboat Charter. This includes contravention of the International Regulations for Prevention of Collision at Sea (Commonly known as the “Col Regs”).
16.18 To ensure that at no time the Vessel is used for water sports involving towing. This includes but is not limited to water skiing, wakeboarding, inflatables, ‘donuts’ and racing. This prohibition is an insurance requirement.
16.19 To ensure that in the event of any accidents, regardless of howsoever caused, that the Company is informed immediately so that the Company can make an appraisal of the vessels condition.
16.20 To agree to completing any claim forms and assist with the gathering of information required by our insurers, at best speed, to resolve any claims arising during the Bareboat Charter regardless of who is deemed to be at fault.
16.21 The Customer is liable for the cost of any damage up to the value of the deposit held and/or in the event of a claim against the Company insurance for the Vessel. This includes professional fees for assessing potential damage due to collision or grounding including boatyard fees. In the event that we determine that accidental damage or loss was caused to the yacht and/or its contents during the period of your arrangements, you will be liable to us for all losses and damages incurred by us as a result up to the value of the security deposit left at the base. In the event that we determine that damage or loss was caused to the yacht and/or its contents during the period of your arrangements as a result of your negligence or reckless conduct, you will be liable to us for all losses and damages incurred by us as a result. In both instances we reserve the right to retain, where applicable, part or all of the relevant security deposit paid by you. We may use all or part of the damage deposit paid by you to repair any damage caused to the yacht or its contents during the period of your arrangements, including without limitation the costs involved in lifting the yacht for a full inspection to assess the damage to the yacht. Retention of the security deposit will not in any way limit or prejudice any claim which we may have over and above the sum of the security deposit paid by you where the loss or damage was caused or contributed to by your negligence or reckless conduct and in these circumstances you will remain liable to us for the balance of any such losses or damages incurred by us over and above the sum of the damage deposit paid by you. In the event that the losses or damages suffered by us as a result of any breach by you of these booking conditions and any damage caused to the yacht or its contents during the period of your arrangements is less than the relevant damage deposit/Security Deposit paid by you, we shall refund, as relevant, part of the Security Deposit paid by you to you as soon as reasonably possible after the damage has been repaired or the repair costs have been ascertained. In the event of any disagreement over damage or loss, we shall retain the relevant Security Deposit paid by you until the matter is resolved. Please note that if loss or damage caused by your negligence or reckless conduct is in excess of the level of the damage deposit we reserve the right to pursue a claim against you for the full extent of our loss.
16.22 The interior and exterior of the Vessel will be returned in the same condition as at initial handover. If any additional cleaning is required it will be charged to the customer at the standard rate of £250 plus VAT at the applicable rate.
16.23 The customer must declare any damage incurred to the vessel, equipment used to include safety kit upon returning to the berth of hand back. Failure to declare any used/missing/broken items used will result in the cost being deducted from the clients security deposit.
16.24 If the Vessel is returned and handed-over to the company late (i.e. after 4pm on the last day of charter) and the following charter is affected then all costs caused by the late return are to be paid by the customer. A late arrival charge of £250 plus VAT is charged regardless and will be deducted from the customers security deposit. For avoidance of doubt, the vessel MUST be fully cleaned and handed over to the company by 4pm on the last day of charter.
16.25 The customer will declare any groundings or collisions during the course of the charter, no matter how minor or insignificant they may seem at the time. Failure to declare said groundings or collisions if later discovered will be charged to the customer in accordance with clause 18.5 and 19.1.
16.26 For the avoidance of doubt, where we make any refund to you of the relevant damage deposit paid by you, any Yacht Damage Waiver fees also paid by you will not be refunded.
17 AREA OF OPERATIONS, WEATHER AND TIMINGS:
17.1 This is defined clearly below. For the avoidance of doubt the following is to be adhered-to by all charter customers dependant on qualification:
- Day Skipper – No further than 5nm from shore, sailing time from dawn to dusk only
- Coastal Skipper – No further than 20nm from shore, sailing time by day or by night
- Yachtmaster Offshore/Ocean – No further than 60nm from shore, sailing time by day or by night
Each charter skipper is to confirm that at least one member of the crew is competent and able to assist in sailing the vessel. For charters involving vessels 44’ and over two Day Skipper (or higher) qualified crew members must be present on board at all times.
17.2 Sailing by fair weather only. As a guide this is up to wind force 5 on the Beaufort scale, possibly gusting force 6.
17.3 Any skipper found sailing in conditions above this may be charged for a full rig and sail inspection by our appointed professional riggers (JTR Rigging). The standard inspection cost including our staff time is £750.00 plus VAT and any parts required, and is also subject to any delay or cancellation costs for the next charter. This is at the companies discretion subject to the Maintenance team / Principal / Chief Instructors decision if an inspection is needed.
17.4 Charters commence at 0800 on the first day of the charter, and finish at 1600 on the last day of the charter. Collection earlier than the times can be done by prior arrangement at a cost of £250 for early collection.
18.1 The Company may, in its absolute discretion, elect to terminate the bareboat Charter before the agreed return date if they consider this to be in the interest of the safety of the Customer or Vessel. This includes deliberately breaking charter areas, poor seamanship/crewing and exceeding limits on a skippers license, such as sailing in the dark. This would result in immediate termination of the charter and loss of security deposit.
18.2 If any illegal substances are found on board the Vessel by the Company staff or agents the Company reserves the right to terminate the Bareboat Charter immediately. The Customer will forfeit the full Charter Fee and deposit in full.
18.3 If the Bareboat Charter is terminated under clause 18.2, or any other reason deemed to be the fault of the Customer, they may choose to accept the boat at any safe port and the Customer will be required to vacate the Vessel and travel from this location at their own cost. The customer will then be liable for all our costs for recovering the vessel and safely returning to our home port. These costs will be deducted from the customers security deposit.
18.4 A company skipper may cancel a charter event at any time if they consider a passenger/guest is under the influence of drugs or alcohol and may endanger the safety of other passengers/guests or the vessel.
18.5 The Company can terminate the charter with immediate effect if the vessel has believed to be grounded. The charterer must return to the port of safe haven or home berth immediately, for the vessel to be inspected and surveyed by the companies appointed Marine Surveyor. All recovery, survey and other incidental costs including repair works, lift-out and other unspecified / undetermined costs will be deducted from the customers security deposit.
19.1 The Company shall have a lien over the security deposit for all the monies payable under this Agreement and any other claims against the Customer arising from or in connection with this Agreement.
20.1 Any claim arising from or in connection with this Agreement to be brought by one party against the other shall be brought within six months of the termination of the Bareboat Charter, failing which such claims shall be time-barred.
21.1 The invalidity in whole or in part of any clause in this Agreement shall not affect the validity of the remainder of such clause or this Agreement.
22 LAW AND JURISDICTION:
22.1 This agreement shall be governed by and construed in all respects in accordance with the Laws of England and shall be subject to the exclusive jurisdiction of the English Courts.
23. NEWSLETTER TERMS AND CONDITIONS:
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In this Agreement the following words and expressions shall have the following meanings:
“Collection Date” means the date as set out on the front of this Agreement when your Bareboat Charter will begin at the Collection Port.
“Collection Port” means the port as set out on the front of this Agreement.
“Return Port” means the port as described as Premier Gosport Marina.
“Bareboat Skipper” means the person nominated by you who is responsible for the chartered vessel for the duration of the Bareboat Charter.
“Bareboat Skippers Qualifications” means the RYA certificates acceptable to Commodore Marine Services Ltd (T/A Commodore Yachting) as proof of competence for the purpose of the Bareboat Charter, as described on the front of this Agreement, for the Bareboat Skipper.
“Bareboat Charter” means the use of a Commodore Marine Services Ltd (T/A Commodore Yachting) vessel, as described on the front of this Agreement, for leisure use only. Any use of the Vessel for commercial gain is unacceptable.
“Charter Fee” means the fee as described on the front of this Agreement.
“Deposit” means the security deposit, refundable on safe return of the Vessel in the condition it was received at the Collection Port, fair wear and tear accepted.
“Vessel” means the motorboat, yacht or powerboat, named on the front of this Agreement.
“Grounding” or “Grounded” means the vessel had made contact with the seabed in any scope or severity, be it a “hard Grounding “ or “soft grounding” or any other means of grounding or contact inbetween.
“Collision” The vessel has made contact with another vessel or object be it stationary, immovable or moving.