1 STUDENT AGES & RESPONSIBILITIES:

1.1 Students must be 12 years old or over.
1.2 Please check individual course details as some courses have a higher minimum age than what is mentioned in clause 1.1
1.3 Under 18`s must have a booking form signed by a parent or guardian. 
1.4 Under 16’s must be accompanied by a legal guardian over the age of 18.

2 BOOKING & FEES PAID:

2.1 A £250.00 (Two hundred and fifty pounds, zero pence) per person per course deposit must be paid at the time of booking, with the outstanding balance paid at least 28 days prior to the start of the course.
2.2 A booking is made final when all payments have been received by Commodore Marine Services (T/A Commodore Yachting).
2.3 Courses costing less than £250 require full payment at the time of booking.

3. CANCELLATIONS & GENERAL CONDITIONS:

3.1 In the case of cancellation by the customer, if insufficient notice is given as per details below in 3.2-3.5 and/or your cancelled place on the course is not filled by another customer on a fee paying basis, you will forfeit the entire course fee.
3.2 With courses that start within 14 days of purchase, the customer will forfeit the right to cancel with the 14 day cooling off period. If cancelled all materials / products must be sent back in an unused unopened and un-registered condition, failure to do this will result in additional costs to the customer. Return postage costs is at the customers expense and must be sent by recorded delivery to confirm our receipt.
3.3 Customers cancelling a course with more than 40 days notice from the course start date will receive a full refund of course fees less our administration fee.
3.4 Customers cancelling a course with more than 28 days but less than 40 days notice from the course start date will not receive any refund but can select an alternative course date from our live course calendar system, subject to administration fee described below.
3.5 Customers cancelling a course with less than 28 days notice from the course start date will not receive a refund, however they can re-book and pay for the course for the date of their choice and will received a 25% discount off this fee as a gesture of goodwill.
3.6 All course date changes and cancellations incur an administration fee of £75.
3.7 Any customer that uses a free RYA VHF Radio discount code, books a course date and does not attend the course will have forfeited their right to re-book the free course, and any re-booking will be charged at full price.
3.8. If for any reason under our control, Commodore Marine Services (T/A Commodore Yachting) is unable to offer the confirmed course we will refund the deposit and any balance paid. Commodore Marine Services (T/A Commodore Yachting) will not be responsible for any costs the customer may incur such as accommodation, transportation, loss of time, holiday allowance, wages or any other unspecified costs incurred.
3.9 Commodore Marine Services (T/A Commodore Yachting) is not responsible for course cancellation / postponement due to poor or unsuitable weather / force majeure / global epidemics or pandemics / changes in law / natural disasters / any other circumstances beyond our control. As a gesture of goodwill we will try to rearrange any course affected by weather in full or in part. However, additional fees may be charged, but will be kept to a minimum. These will be discussed and confirmed with the customer as soon as is practically possible. We would advise that all customers take out travel insurance prior to undertaking a course with us.
3.10 All Customers must not be under the influence of alcohol, illegal drugs or legal highs at any time during the course. Smoking is not permitted in the training centre or on board any training vessel. 
3.11 Customers should ensure that they are physically able to take part in the course. Any pre-existing medical conditions / illnesses (including any injuries) must be declared at the time of booking or prior to attending the course should any injuries occur post-booking. Details of any medication being taken must be recorded on the booking form and the Instructor must also be informed at the time of boarding. Failure to comply with this clause will invalidate any claim against Commodore Marine Services (T/A Commodore Yachting) arising from any medical complaint not previously disclosed. 
3.12 Customers must comply with all reasonable instructions of Commodore Marine Services (T/A Commodore Yachting) staff at all times throughout the course. The decision of any Commodore Marine Services (T/A Commodore Yachting) Instructor is final. 

3.13 Commodore Marine Services (T/A Commodore Yachting), its servants, agents and employees are not under any liability, whatsoever in respect of personal injury, loss or damage to personal effects howsoever caused whilst attending a Commodore Marine Services (T/A Commodore Yachting) course. It is recommended that customers take out their own travel insurance prior to attending a course. 
3.14. Any complaints must be made in writing within 28 days from the completion or cancellation of the course, complaints received after this date will be invalid and will not be entertained. This does not affect your right to provide feedback on the forms provided by Commodore Marine Services (T/A Commodore Yachting).  

4. OWN BOAT TUITION:

4.1 The price and number of days quoted assume fair weather and no mechanical failures. Should tuition be delayed for either of these reasons then the standard daily rate will be payable and any additional days will also be charged at the standard daily rate which is £330/day including VAT.
4.2 Any additional days instruction required will be charged at the standard daily rate mentioned previously.
4.3 Commodore Marine Services (T/A Commodore Yachting) may, in its absolute discretion, elect to terminate the tuition if the tuition is delayed by any of the reasons set out in Clause 4.1, 4.4 and 4.5.
4.4 It is the responsibility of the owner of the vessel to make her seaworthy for the duration of the tuition. Commodore Marine Services (T/A Commodore Yachting) has the right to refuse tuition if our instructor deems the vessel unsafe or unseaworthy for the tuition or the weather conditions. Should the tuition be delayed for either of these reasons the usual daily rate mentioned previously will be payable and any additional days will be charged at this standard daily rate. 
4.5 It is the responsibility of the owner of the vessel to inform their insurance company that they are receiving instruction by a professional instructor and wishes the insurance to cover the instructor, and his/her liabilities, for the duration of his/her time on board. It is a condition of this booking that the owner of the vessel is in command of the vessel at all times. By signing the declaration, you accept to fully comply unconditionally with this clause.

5. LIMITATION: 

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 completion date of the course or delivery, failing which such claims shall be time
barred.

6. SEVERANCE: 

The invalidity in whole or in part of any clause in this Agreement shall not affect the validity of the remainder of this
clause or this Agreement.

7. LAW AND JURISDICTION: 

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.

8. RYA INTERACTIVE COURSES:

8.1 To enable access to your online course we need to share some of your personal data with the RYA via your user profile in www.ryainteractive.org. This learning management website is hosted and maintained by a third party called Learning Pool, who will not use your personal information for any reason other than enabling your course. 
8.2 Your name and email address will be entered on www.ryainteractive.org in order to create your user account. On your first access to the site, you will be asked to enter your address and date of birth. You will have access to the site for one year in order to complete your online course. During this period, your personal information will be held on the website by Learning Pool and be available to this training centre and the RYA for the purpose of managing your course.
8.3 Instructional support will be provided by this training centre for a period of 12 months from the date of your course booking.
8.4 On completion of your course, your name, email, date of birth and address will be transferred to the RYA’s central database for the purpose of recording details of the course and any certification you gain as a result of it. This information allows the RYA to record your certification, to update any records they may already hold about you or your qualifications and to verify your certificate if required. After one year from the date of your enrolment on the course, your user account will be removed from www.ryainteractive.org.
8.5 Full details of how the RYA will deal with your personal information will be displayed when you first access www.ryainteractive.org.

8.6 Data Policy. How and why we hold your personal information. Use of www.ryainteractive.org is open to those completing online RYA courses provided by RYA Recognised Training Centres or the RYA. This website is hosted and maintained by a third party called Learning Pool. Learning Pool will not use your personal information for any reason other than enabling your course on this website. In order to take a course you will be asked for your name, email, date of birth and address. Your name and email address are used for the purposes of recording any grades or certificates achieved and to make contact with you. On completion of your course, your name, email, date of birth and address will be transferred to the RYA database for the purpose of recording details of the course and any certification gained as a result of it. This information allows the RYA to record your certification centrally, and to update any records we may already hold about you or your qualifications.
8.7 Management of your course and any instructional support that you may need is provided by the RYA Recognised Training Centre that you booked your course with and may be time limited (please check the centre’s booking terms and conditions for details). To allow this to happen the training centre has visibility of your progress and achievements in the course. The training centre also has visibility of the information in your user profile.

Cookies

8.8 A session cookie is used to provide continuity and maintain your login from page to page. Cookies must be enabled in your browser to allow this happen. When you log out or close the browser this cookie is destroyed. There is a second cookie which you may choose to allow on the login screen so that your username is remembered each time you log in to the site. This cookie is optional and can be disallowed if you wish.

8.9 Length of access. The RYA does not impose a time limit for access while you are actively using the site, however your training centre may do so and may request deletion of your user account once that time limit is reached. Please check their booking terms and conditions for details of length of access and whether a fee is payable for extended access. 
8.10 If you do not actively use the site for one year (evidenced by the date of your most recent login) your user account will be deleted, with any course completion or certification recorded on the RYA database. 

Requesting removal of your personal data

8.11 If you want your personal data removed from www.ryainterative.org prior to the end of your access period, please email your request to [email protected] giving your name and email address. Please note that if you request deletion of your account before you have completed your course, your access to the course and records of your progress will be lost.
8.12 If you also want details of your online course removing from the RYA database, please email your request to [email protected] giving your name, date of birth, RYA reference/membership number (if known) and the name of the course you want removed from your records. Please note that removal of course details from the RYA database, means that any certification gained as a result of this course will not be verifiable by the RYA, nor would the RYA be able to issue a replacement certificate.
8.13 Contact regarding your course. Contact will normally be made by your RYA Recognised Training centre. However, occasionally the RYA may contact you in relation to your course or account. This would normally be done by email. You will not receive any sales or marketing information from the RYA as a result of holding an account on www.ryainteractive.org unless you have given consent via a personal account on www.rya.org.uk.

If you have any questions about how we look after your personal information please contact us by email at [email protected] or by phone on +44 (0)23 8060 4185.

8.14 Your course. While the RYA will endeavour to ensure the correct functionality of courses across the most commonly used devices and web browsers, as such technologies evolve continuously, access cannot be guaranteed.
8.15 Copyright of the courses offered through this site belongs to the RYA. Any additional information added to the site by Recognised Training Centres, coaches or instructors is the responsibility of that person or organisation. Course content is devised in good faith and is accurate at the time of publication. While the RYA endeavours to ensure that content is reviewed regularly and appropriate changes are made to ensure that content is correct and up to date, it cannot be held responsible for errors.
8.16 Unacceptable use of the site. You must use the site and the information available from the site responsibly. You may be invited to contribute to online activities such as forums, questionnaires and surveys which may be read by others within your training centre or group. Any comments posted must not break the law, be abusive, pornographic or sell products or services. Comments posted which contravene this will be removed and your continued access to the site will be reviewed.

9. RYA PHYSICAL COURSES & SHARING OF DATA WITH THE RYA:

9.1 To the running and registration of courses we need to share some of your personal data with the RYA via www.rya.org.UK. This registration and management website is hosted and maintained by a third party, who will not use your personal information for any reason other than enabling your course.
9.2 Data Policy. How and why we hold your personal information. Use of www.rya.org.uk is open to those completing RYA courses provided by RYA Recognised Training Centres or the RYA. This website is hosted and maintained by a third party. They will not use your personal information for any reason other than enabling your course on this website.
9.3 On completion of your course, your name, email, date of birth and address will be transferred to the RYA database for the purpose of recording details of the course and any certification gained as a result of it. This information allows the RYA to record your certification centrally, and to update any records we may already hold about you or your qualifications.
9.4 Management of your course and any instructional support that you may need is provided by the RYA Recognised Training Centre that you booked your course with and may be time limited.  
9.5 Cookies. A session cookie is used to provide continuity and maintain your login from page to page. Cookies must be enabled in your browser to allow this happen. When you log out or close the browser this cookie is destroyed. 
9.6 There is a second cookie which you may choose to allow on the login screen so that your username is remembered each time you log in to the site. This cookie is optional and can be disallowed if you wish.
9.7 Requesting removal of your personal data. If you want your personal data removed from www.rya.org.uk prior to the end of your access period, please email your request to [email protected] giving your name and email address. Please note that if you request deletion of your account before you have completed your course, your access to the course and records of your progress will be lost.
9.8 If you also want details of your online course removing from the RYA database, please email your request to [email protected] giving your name, date of birth, RYA reference/membership number (if known) and the name of the course you want removed from your records. Please note that removal of course details from the RYA database, means that any certification gained as a result of this course will not be verifiable by the RYA, nor would the RYA be able to issue a replacement certificate.
9.9 Contact regarding your course. Contact will normally be made by your RYA Recognised Training centre. However, occasionally the RYA may contact you in relation to your course or account. This would normally be done by email. You will not receive any sales or marketing information from the RYA as a result of holding an account on www.ryainteractive.org unless you have given consent via a personal account on www.rya.org.uk.

If you have any questions about how we look after your personal information please contact us by email at
[email protected] or by phone on +44 (0)23 8060 4185.

Unacceptable use of the site:

You must use the site and the information available from the site responsibly. You may be invited to contribute to online activities such as forums, questionnaires and surveys which may be read by others within your training centre or group. Any comments posted must not break the law, be abusive, pornographic or sell products or services. Comments posted which contravene this will be removed and your continued access to the site will be reviewed.

11.Nav-at-Home Terms And Conditions:  

11.1 Under Nav-at-Home.com and consumer protection (Distance Selling) regulations you have a statuary cooling off period of 14 business days from the day, your receive your course. During this period you can cancel your purchase up to 14 days from the day of purchase. At any time during this period you can notify Commodore Yachting Ltd that you wish to cancel your contract with us and we will give a full refund including any delivery charges. The course materials must be returned unopened and in an ‘as new’ condition and the return postage paid. If the course materials are being returned because they are faulty then Commodore Marine Services Ltd (T/A Commodore Yachting) will refund any reasonable postage costs. Access to the online course material is terminated immediately. You will not be able to claim a full refund if the course material has been damaged or if you have no proof of purchase. Commodore Marine Services Ltd (T/A Commodore Yachting) reserves the right to deduct for the net cost of any missing or damaged course materials and postage.
11.2 Course expiry. There is an extendable access period of 6 months set for the course. An admin fee of £30 is charged for each time the course is extended. If the access lapses it can still be extended anytime within a period of 2 years from the date the access period lapsed. If a course remains dormant for more than 2 years, (has lapsed and not been extended within a period of two years) it will be terminated and the log in removed. Once a student has passed the assessment their course is complete and their access terminated. 

11.3 Internet access. Students must have access to the internet and email to complete the course.
11.4 Users. The course is not transferable and access is for the applicant only.
11.5 Compatibility. Please check that the free trial runs on your device before booking.
The courses do not use a platform so work on most devices including IPad, IPhone, PC, Mac, Android etc. There some issues with the free chart plotter simulator provided by the RYA. It works on PC and Mac but not on mobile devices. It is not essential to the courses so can be worked around if a student does not have access the PC based units.
11.6 Pre course knowledge. Students should be at the correct level for the course being taken. No previous experience is required to take the Day Skipper theory course, Day skipper level theory is required for the Coastal/Yachtmaster theory and Coastal/Yachtmaster theory is required before taking the RYA Ocean theory.
11.7 We will provide online back up and land line telephone backup as required by each student and every endeavour will be made to help students achieve their aims. We will not disclose information about students unless we are legally obliged to do so or a student has agreed in writing in advance. By enrolling you confirm that we may hold necessary business information about you including your name, address, course booking, payment and course record. No credit card information is held by Nav-at-Home. Any contract between you and us shall be governed by English law and the courts of England and Wales shall have non-exclusive jurisdiction over any dispute. All dealings, correspondence and contact between us and you shall be made or conducted in the English language.

Every effort has been made to ensure the accuracy of course information. However, we cannot accept any liability for errors,
omissions or inaccuracies in the course content.

11.8 We continuously improve the course content and we do welcome any feedback from students which improve the quality of the course. All online material has been written and is under copyright to Nav-at-Home.com Ltd. No part of the online documents can be reproduced, stored in or introduced into a retrieval system, or transmitted in any form or by any means, (electronic, mechanical, photocopying, recording or otherwise) or for any purpose, without the express written permission of Vic and Lyn Punch. Course material should be treated as for any copyrighted material.
11.9 Use of www.Nav-at-Home.com is open to those completing Nav-at-Home online courses provided by Nav-at-Home. This website is encrypted and maintained on a secure server and your personal details will not be used for any other purpose than completing your online course. In order to take a course you will be asked for your name, email, telephone number and address. Your name and email address are used for the purposes of recording any grades or certificates achieved and to make contact with you and your telephone number and postal address for delivery of your course material. Management of your course and any instructional support that you may need is provided by your Commodore Yachting RYA instructor working on behalf of Nav-at-Home. Access to the course and support is provided for an initial period of 6 months and this may be extended should you choose to extend your
study period. To allow this to happen your instructor has personal contact information and has visibility of your progress and achievements in the course admin. On completion of your course, your name and email will be retained on the Nav-at-Home database for the purpose of recording details of the course and any certification gained as a result of it. Please note that Commodore Yachting may retain personal information for the purpose of providing additional services to you not associated with the Nav-at-Home online course. 
11.10 Cookies: A session cookie is used to provide continuity and maintain your login from page to page. Cookies must be enabled in your browser to allow this happen. When you log out or close the browser this cookie is destroyed. Length of access: The initial period of access for a Nav-at-Home course is 6 months and this may be extended for a further 6 months for a period of up to 2 years from your expiry date. Your name and email is retained on this data base for the purpose of using the course when your current access is active or for a record of any course completion or certification when you have completed the course or your course access has expired.
11.11 Requesting removal of your personal data, if you would like your personal data removed from www.Nav-at-Home.com prior to the end of your access period or at any time before you have completed your course, you can request it by email. Please contact [email protected] giving your name and email address and the course you would like to delete. Please note that if you request deletion of your account before you have completed your course, your access to the course and records of your progress will be lost. If you would like details of your online course removing from the Nav-at-Home database when you have completed the course, please email your request to [email protected] giving your name and email address. Please note that removal of course details from the Nav-at-Home database, means that any certification gained as a result of this course will not be verifiable by Nav-at-Home, nor would Nav-at-Home or Commodore Yachting be able to help with a replacement certificate.
11.12 Contact regarding your course. Contact will normally be made by your RYA instructor. However, occasionally Nav-at-Home may contact you in relation to your course or account. This would normally be done by email. You will not receive any sales or marketing information from Nav-at-Home as a result of holding an account on the Nav-at-Home database. If you have any questions about how we look after your personal information please contact us by email at [email protected] or [email protected] 

12.Newsletter Terms And Conditions:

By subscribing to our newsletter when placing an order you agree to receive email from us. The aim of our newsletter service is to keep our customers and visitors updated about new events or new service offerings. The subscription to our newsletter service is not mandatory. The frequency of the newsletter issues will be at most weekly.

Limited Liability We reserve the sole right to either modify or discontinue the newsletter, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these 

Terms of Use. We reserve the sole right to unsubscribe users / visitors from or newsletter service, without notice .
We will do so with any subscriber we deem registered with fake data. 

Privacy policy. We will not communicate / spread / publish or otherwise give away your address. You’ll be able to
change your subscription settings or to delete it all together anytime.

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. 

14 PAYMENT OF BAREBOAT & SKIPPERED CHARTER FEE: 

14.1 The customer shall pay to the company 25% of the Charter Fee as a Deposit for the booking, 40 days prior to the commencement of the charter full payment is due.
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.
14.3 A damages & costs deposit is pre-authorised on the customer’s credit card and held if damage to the vessel occurs, £2,000 for yachts and £2,000 for RIB boats.
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)  
16.3 If the Customer can not comply with Clause 5.2 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. 
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 first 10 litres of fuel is included in the charter fee, beyond that it is at the clients cost and must be refilled by the client before hand-back. We include 3 engine hours use per day for each charter. Each engine hour beyond this amount is charged at £25 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. 
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. 
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 the Company will charge the Customer the current price to refuel the yacht plus staff time at £50 per hour. 
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 credit card deposit. 
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. 

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.
16.22 The interior of the Vessel will be returned in the same condition as at initial handover. Exterior cleaning is not normally the customer’s duty as the Company expects to perform a normal exterior clean after each charter. If any interior cleaning or additional exterior cleaning is required it will be charged at £80 per hour per operative. 
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. 
16.24 If the Vessel is returned late and the following charter is affected then all costs caused by the late return are to be paid by the customer. Late fees of £75 per hour are charged regardless.
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.

17 AREA OF OPERATIONS & WEATHER: 

17.1 This is defined on our website at :http://www.commodore-yachting.com/bareboat-charter
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 (Jerry the Rigger), the approximate inspection cost is £750.00 plus VAT and any parts required, and is also plus any delay or cancellation costs for the next charter. This is at the companies discretion subject to the Maintenance team / Chief instructor / Principals decision if an inspection is needed.

18 TERMINATION: 

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 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 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 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 deposit.

19 LIEN: 

19.1 The Company shall have a lien over the 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 LIMITATION: 

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 SEVERANCE: 

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:

By subscribing to our newsletter when placing an order you agree to receive email from us. The aim of our newsletter service is to keep our customers and visitors updated about new events or new service offerings. The subscription to our newsletter service is not mandatory. 

The frequency of the newsletter issues will be at most weekly.

We reserve the sole right to either modify or discontinue the newsletter, at any time with or without notice to you.

We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use. We reserve the sole right to unsubscribe users / visitors from or newsletter service, without notice . We will do so with any subscriber we deem registered with fake data.

We will not communicate / spread / publish or otherwise give away your address. You’ll be able to change your
subscription settings or to delete it all together anytime.

DEFINITIONS:

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