1 STUDENT AGES & RESPONSIBILITIES:
1.1 Students must be 12 years old or over.
1.2 Please check the 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 All courses booked must be paid in full at the time of booking. The only exceptions to this is are the RORC Fastnet package, which will require a £500 deposit and the Yachtmaster Fastrack scheme which requires a £1000 deposit (non-refundable) paid at the time of booking.
2.2 A booking is made final when all payments have been received by Commodore Marine Services (T/A Commodore Yachting).
3. CANCELLATIONS & GENERAL CONDITIONS (Excluding Late-Notice courses):
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 60 days notice from the course start date will receive a full refund of course fees less our administration fee (30% of course cost).
3.4 Customers cancelling a course less than 59 days notice from the course start date will not receive any refund but Commodore yachting will advertise the space on their behalf, if the space then sells the student will receive a non refundable credit and be able to 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 59 days notice from the course start date whos space does not resell 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 15% discount off this fee as a gesture of goodwill.
3.6 All course date changes and cancellations implemented by the customer will incur an administration fee of 30% of the course cost with a minimum charge of £50 levied. Refunds will be made within 30 working days of the request of the refund. This is subject to the customer providing their full bank details in writing, in a timely manner for monetary returns. Customers who have booked via Credit services will be refunded via the Credit services subject to the administration fee. Commodore Marine Services are not responsible the customers lack of ability to provide this information, and will therefore not be held accountable, should this information not be received by us in a timely manner (i.e. the 30 day refund period). Last minute spaces / customer credit held with our self’s or discounted spaces are non refundable.
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 reasonably try to rearrange any course affected by extreme weather in full or in part at our discretion. 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 heavily advise that all customers take out suitable travel insurance prior to undertaking a course with us.
3.9.1 Customers who through their own decision making decide to cancel their course, at any stage during the course will not be entitled to any refund or re-booking. Should a customer cancel the course while the vessel is underway, we will reasonably try to get to the nearest possible marina where the customer can leave the vessel. Commodore Marine Service (T/A Commodore Yachting) are not responsible for the customers travel costs from the drop-off point.
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 heavily recommended that customers take out their own suitable holiday/travel insurance prior to attending a course/charter.
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 deemed be invalid and will not be followed-up. This does not affect your right to provide feedback on the forms provided by Commodore Marine Services (T/A Commodore Yachting).
3.15. Commodore Marine Services (T/A Commodore Yachting) has the right to change terms and conditions with out notice. We reserve the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of the company, at any time and in our sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Sites, and you waive any right you may have to receive specific notice of such changes or modifications
3a. LATE NOTICE COURSES / SPACES:
3a.1 Available courses will be emailed out weekly for the following two week period prior to the start date of the course, and are offered on a “First come, first served” basis. Requests for booking confirmations are to be made by email or telephone. We will then confirm your booking via email to the email address used at the time of purchase.
3a.2 Once a space has been booked, any non-attendance by the customer will result in default and we will not offer any further dates. The booking is deemed to have been satisfied.
3a.3 Late notice tickets are non-refundable / non-transferable and the customer waives their rights under the Consumer Rights Act.
3a.4 Late notice tickets are non-transferable between persons or organisations, companies and the like.
3a.5 Late Notice course spaces are not refundable under any circumstances.
4. OWN BOAT TUITION:
4.1 The price and number of days quoted assume reasonably 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 £275/day plus VAT.
4.2 Any additional days instruction required will be charged at the standard daily rate mentioned previously. Any costs incurred by the Instructor in getting to your vessel / location, or general expenses will be charged and payable by customer.
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.
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.
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.
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 / third party product providers:
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 inter[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.Online Courses Terms And Conditions:
11.1 Under the 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 / used /accessed 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 £80 is charged for each time the course is extended of 6 months (For Nav at Home Courses / Skippers Online courses – subject to prices changes). 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 or we will direct them to the provider if more appropriate. 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 us or Skippers Online. 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 Skippers Online 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 Skippers Online. Course material should be treated as for any copyrighted material.
11.9 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 Skippers Online, this may be directed to other instructors of Skippers online or Nav at home subject to availability. 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 Skippers Online 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 Skippers Online 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 Skippers Online 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 the Skippers Online database 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 Skippers Online 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 Skippers Online database, means that any certification gained as a result of this course will not be verifiable by Skippers Online, nor would Skippers Online 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 Skippers Online 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 Skippers Online as a result of holding an account on the Skippers Online database. If you have any questions about how we look after your personal information please contact us by email at [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 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
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 60 days prior to the commencement of the charter.
14.2 If cleared funds are not received 59 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 59 days of Charter commencing customer is still liable for full amount of charter cost. Cancellation prior to 60 days commencement of charter will incur 30% of charter admin fee.
14.3 Damages & costs deposit is pre-authorised on the customer’s credit/debit card and held if damage to the/a vessel occurs on each and every occurrence, a maximum of £3,000 for yachts and £3,000 for RIB boats subject to qualifications held (Subject to exclusion of grounding). 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. If a shared bare boat charter, then the Damage waiver / security deposit is split equally among all users of the vessel during the charter. Groundings are Subject to a £5000 excess and will be payable if the vessel is found to of been grounded (contact with the ground of any form). Grose negligence may render insurance policies null and void if proven and found that the skipper was negligent or failed to act with in the Laws of the sea (to include for example SOLAS / Merchant shipping act / International rules of Prevention of Collision at sea)
14.4 If charter selects damage waiver on the charter Agreement, the Owner will not hold the charter liable for damage to and loss or theft of the vessel subject to the charter taking reasonable steps to prevent damage and loss. However, the charter will instead have to pay the excesses indicated on the charter Agreement every time the vessel is damaged or stolen or lost. Excesses are indicated on the charter Agreement; the charter is responsible for the first £1,500 of costs (on the damage waiver reduction). This is subject to the exclusion of groundings where the excess is £5000 per grounding per vessel and cannot be reduced or if charter failed to take all reasonable measures to look after / secure the vessel and operate in a safe manner / or failed to return the vessel in the conditions as stated below.
14.5 All costs for damage, refuelling and cleaning are automatically claimed via the pre-authorised deposit held. This is subject to an admin fee of £250 in addition to any costs incurred by the company from the charter.
14.6 The deposit pre-authorisation expires from 7-14 working days after your charter depending you the bank card used.
14.7 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 the original start location of the charter.
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.
15.9 The company will ask the charter to take the vessel to the Fuel berth and ask the charter to meet them on berth, the charter company will fuel the vessel prior to the charter leaving the marina. The charter accepts the vessel is fuelled to the maximum tank capacity by the company by taking the vessel out of the marina.
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 60 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 / tidal 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.
16.27 The charter agrees to demonstrate they can skipper the vessel competently by taking the vessel unaided by any staff member of Commodore Yachting from its home berth to a designated berth (the fuel berth) to show they are competent at vessel handling safely to the company.
17 AREA OF OPERATIONS & WEATHER:
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 40’ and over two Day Skipper (or higher) qualified crew members must be present on board at all times.
Failure to complete the required above will result in forfeit of their deposit immediately and termination of charter.
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 (how ever this is at the skippers discretion subject to their own skills and experience).
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 Monday to Friday charters commence at 1000 on the first day of the charter, and finish at 1400 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. Friday evening to Sunday afternoon charters (weekend charters) start at 1730 on the Friday and Finish at 1600 on the Sunday. The vessels must be returned into the custody of Commodore Yachting by these times stated above. The customer also agrees to confirm in Writing on return of Vessel any Groundings / Collisions / damages occurred. Failure to complete the required document will result in forfeit of their deposit.
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, and report said incident to the authorities.
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 The 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:
By subscribing to our newsletter when placing an order you agree to receiving emails from us. The aim of our newsletter service is to keep our customers and visitors updated about news, special events, offers 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 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.
24. GIFT VOUCHERS
24.1 Gift Voucher agreement / contract. Vouchers purchased are for exclusive use at Commodore Yachting only and are non-transferable.
24.2 Voucher duration. Vouchers are valid for a period of 12 months from the date of purchase. Vouchers cannot be redeemed after the expiry date. Courses or services must be booked before the voucher expiry date.
24.3 Vouchers. Vouchers will be emailed/posted to you and shall be provided free of charge to the email/postal address provided. Posted gift vouchers will be sent by Royal Mail signed-for postal service. Gift vouchers will be issued by post within 48 hours of ordering, and if posted by Royal Mail a tracking number will be issued via email.
24.4 Voucher redemption. Courses must be pre-booked in advance. Vouchers can be redeemed by email or telephone or in person at our Gosport Marina base. Vouchers can be redeemed against a Course or Service run by Commodore Yachting directly.
24.5 Refunds. Vouchers are non-refundable other than within the 14 day cancellation period as per the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. No change or credit will be given in the event that the voucher value exceeds the total cost of the course – for example where a £100 voucher is used to purchase a £95 course.
24.6 Monetary vouchers. Monetary vouchers can be used for part or full payment of courses or services only. If the course/service cost exceeds the amount of the gift voucher, the balance must be paid in full by credit/debit card or BACS at the point of booking.
24.7 Course availability. Commodore Yachting does not guarantee that spaces will be available on courses if they are not booked in advance. Spaces are only secured once a course has been booked and then confirmed in writing (email) by Commodore Yachting, so it is recommended that you book as early as possible to avoid disappointment.
24.8 Transfer. Vouchers are non-transferable and cannot be exchanged for cash.
24.9 Lost or stolen vouchers. Lost, stolen or destroyed gift vouchers will not be exchanged or refunded.
24.10 Cancellation. In the unlikely event that a course needs to be cancelled by Commodore yachting, a new gift voucher shall be issued (Via email only) and shall be valid for a further 12 months. In the event that a course is cancelled by a voucher holder no refund shall be given.
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.