Chartering Guillemot – Terms and Conditions
BOOKING DEPOSITS AND BALANCE PAYMENTS
A booking deposit of 20% of the agreed total charter price is required to confirm your booking. On receipt of that deposit – which is non-refundable – we will reserve the yacht in your name for the agreed charter period.
The 80% balance of the agreed total charter price must be received by us no later than 14 days before the agreed start date of the charter.
A minimum security deposit of £750 must also be received by us no later than 14 days before the agreed start date of the charter.
The amount of the security deposit will be increased by £500 where (and please note that to do so will require the prior agreement of Yacht Charter Clyde at the time of booking) there is any intention that the yacht should during the charter period either transit the Crinan Canal or sail south or west of the Mull of Kintyre;
The security deposit will be refunded in full, less any charges for fuel, repairs, damage or other losses, within 14 days of the completion of your charter.
EXTRAS INCLUDED IN THE CHARTER PRICE
- Free berthing at Largs Yacht Haven for the duration of the charter, is included in the charter price for the yacht.
- The yacht will be provided with at least one full cooking gas container at the start of your charter – there is no charge to refill empty cooking gas containers at the end of your charter.
- Five litres of ready mixed petrol will be supplied free of charge for use with the 2 stroke outboard.
OPTIONAL EXTRAS THAT THE CHARTERER PAYS FOR
Cleaning – we expect you to return the yacht to us in as clean and tidy a condition as you found it at the start of your charter. If you prefer not to thoroughly clean it at the end of your charter (in which case you should please inform us of this before you depart) then we will arrange for the yacht to be cleaned on its return and deduct the cost of that from your security deposit.
Refuelling – The yacht will be supplied with a full tank of diesel and should be returned at the end of your charter full. If you are unable to re-fill the fuel tank we will re-fuel the boat and deduct the cost from your security deposit.
CHARTER AND PAYMENT
- All prices published by Yacht Charter Clyde are inclusive of VAT.
- To book the yacht a signed charter application form must be received with a booking deposit of 20% of the agreed charter fee. Subsequent to receiving the application form, Yacht Charter Clyde will send a Charter Agreement form for the Charterer to sign and return. Yacht Charter Clyde will countersign the agreement and return a copy to the Charterer. A full copy of the Terms and Conditions forms part of the Charter Agreement.
- The balance plus the security deposit must be paid a minimum of two weeks prior to the start of the charter. All cheques must clear through the bank prior to the commencement of the charter.
- Payment is requested by cheque, cash or direct bank transfer. A security deposit, (not to be confused with the booking deposit), by way of a separate cheque for £1,000 must be sent at the same time as the balance of payment. This cheque will not be cashed unless damage occurs, and will be returned two weeks after the end of the charter, unless loss or damage occurs.
- Cancellations should be made in writing as early as possible. If notice of cancellation is given at least two calendar months in advance of the start of the charter, the advance deposit will be forfeit, but the Charterer will be under no further obligation to pay the balance of the charter fee to Yacht Charter Clyde. In the event of a new Charterer being found, the deposit will be refunded less a 20% administration charge.
- Should less than two calendar months, but more than one calendar month, notice of cancellation, in advance of the start of the charter be given, the Charterer will be liable to pay 50% of the charter fee, but may nominate a replacement Charterer, provided that they are acceptable to Yacht Charter Clyde.
- Should less than one month notice of cancellation, in advance of the start of the charter be given, the Charterer will be liable to pay to Yacht Charter Clyde the full charter fee, but may nominate a replacement Charterer, provided that they are acceptable to Yacht Charter Clyde.
- We strongly recommend holiday insurance to cover the eventuality that a situation may arise where cancellation fees become chargeable.
The Security Deposit will not normally be cashed during the charter and will be returned to the Charterer provided the Yacht is re-delivered in a satisfactory condition to our base at the end of the charter. The deposit, or part of it, will be retained to cover:
- Damage to the yacht or its equipment.
- Items missing from the inventory.
- Cleaning charges or fuel.
- Any liability to third parties, or uninsured losses incurred by Yacht Charter Clyde
TAKING DELIVERY OF THE YACHT
- Water sports activities contain an element of risk. It should be understood that participation in these activities is your decision and at your risk. The skipper of a yacht has primary responsibility for the safety of the crew and craft at all times. By accepting this contract you, the lead name is confirming that you and/or members of your crew are capable and competent to sail the yacht in the conditions and cruising area of charter.
- Prior to taking responsibility for the boat the Charterer will inspect the Yacht in order to satisfy himself, or herself, that it is in a seaworthy condition, its fixtures and fittings are in a sound condition and that the Yacht’s equipment is in good working order.
- The Skipper and one senior member of his crew should be available for the pre-charter briefing and handover of the Yacht with Yacht Charter Clydes representative at the appointed handover time.
- The Skipper will be given an inventory of the Yacht’s fixed and removable equipment subsequent to booking, and should check this. Any items of the equipment lost or damaged during the charter period must be paid for or replaced.
- Yacht Charter Clyde reserve the right to accompany the Charterer and his crew for a trial aboard the yacht, and, if not satisfied as to the competence of the Charterer, may terminate the Charter in the terms of the following paragraph, or to place a restriction on the cruising limits permitted.
- Yacht Charter Clyde reserve the right to refuse to hand over the Yacht to anyone who, in Yacht Charter Clydes opinion, is not suitable to take charge. No reasons need to be given by Yacht Charter Clyde. In this event, the Charter Fee and Security Deposit will be refunded in full and the Charterer will have no further claim against Yacht Charter Clyde.
- Should the Charterer fail without good reason to accept the yacht within 24 hours of the due start time of the Charter, and have failed to notify Yacht Charter Clyde of an intention to take up the Charter at a later time during the intended Charter period, then Yacht Charter Clyde shall be entitled to consider their obligations under the Charter Agreement to have been fulfilled, and shall have no further obligation to the Charterer in respect of the Charter in question. Yacht Charter Clyde reserve the right to recover any monies outstanding, or claim damages for any losses suffered, in respect of such Charter where the Charterer has failed without good reason, and without giving notice, to accept the yacht within 24 hours of the due start time of the Charter.
INSURANCE AND DAMAGE
- The Yacht is insured for the usual marine and collision risks, including third party liability of £3,000,000. The Charterer should note that this Insurance does not cover personal effects, including motor vehicles left at the base, or any use of the Yacht other than cruising for pleasure purposes. Personal accidents do not fall within the scope of Yacht Charter Clydes insurance and the Charterer should ensure that he or she, and all crew members are adequately covered by their own individual insurance arrangements.
- Yacht Charter Clyde shall have no liability for death or personal injury suffered by the Charterer, his servants or agents, or any member of his party, or any other person, except insofar as such death or personal injury is caused by the express act, default or negligence of Yacht Charter Clyde.
- Yacht Charter Clyde cannot be held responsible for any loss which you may suffer as a result of the insurers failing to indemnify any risk through you providing incorrect information of previous sailing experience when requested of you.
OBLIGATIONS OF YACHT CHARTER CLYDE
- Yacht Charter Clyde undertakes to deliver the Yacht to the Charterer at the start of the Charter Period in what Yacht Charter Clyde reasonably believes to be a seaworthy and suitable condition for cruising for pleasure within the stipulated Cruising Limits.
- If the Yacht is not delivered to the Charterer at the agreed time and place, a pro-rata refund, per 12 hours, may be made to the Charterer. If such delay exceeds 48 hours the Charterer is at liberty to cancel the charter and have their Charter Fee and Security Deposit returned.
- If during the period of the charter, the Charterer is unable to make use of the yacht due to breakdown of the yacht’s equipment or gear, or due to damage to the yacht, which is not wholly or partly due to any act of negligence, omission or misuse by the charterer or any of the charter party, a pro rata refund of the charter fee will be made for the time that the yacht is unfit for use. Breakdown of the engine, outboard engine or electronic navigation equipment will not be considered to have made the yacht unfit for use under the terms of this agreement.
- Yacht Charter Clydes maximum liability under this Agreement is limited to the total amount of the Charter Fee paid.
- Every attempt has been made to provide an accurate description of the Yacht, but Yacht Charter Clyde reserves the right to change equipment and specification where necessary.
OBLIGATIONS OF THE CHARTERER
- The Charterer warrants that he or she, and their crew, are competent and medically fit to sail the Yacht, and keep her safe. The Charterer will ensure that the Yacht is navigated in a safe and competent manner, and assumes responsibility for the Yacht and all her gear and equipment, during the period of the charter, while in harbour, at anchor and while at sea.
- The Charterer agrees to provide prior to the commencement of the Charter and preferably at the time of booking:
~ Bank particulars; Name of Bank & Address of Branch, Sort Code and Account number (Required by Insurer).
~ Photocopy of relevant Yachting Certificates held by the Charterer/Skipper and details of Certificates held by crew.
~ Passport Details: Photocopy of page showing Passport Number and personal details of Charterer/Skipper (Required by Insurer).
- At least one member of the crew must hold a current valid VHF DSC Radio Licence.
- The Skipper must be 25 years of age, or older.
- The Charterer will not take the Yacht outside the Cruising Limits nor do or permit any other act which might invalidate the Yacht’s insurance.
- The Charterer shall not sub-let or hand over control of the Yacht without the written consent of Yacht Charter Clyde.
- The Charterer will not permit the Yacht to be used for any purpose other than private pleasure cruising and it must not be raced. The Charterer will not permit smoking to take place below decks.
- The Charterer is responsible for all running expenses during the Charter Period including the cost of water, fuel, harbour dues, mooring fees and all provisions.
- The Charterer will take good care of the Yacht and its equipment, including performing daily checks on the engine. The Charterer will be alert to any maintenance that requires to be done during the time of the charter to keep the yacht and her gear and equipment in good and serviceable condition.
- The Charterer will report to Yacht Charter Clyde at the earliest opportunity any event, accident or occurrence which might give rise to a claim on Yacht Charter Clydes insurance. The Charterer will comply with any instructions given in response to these circumstances by Yacht Charter Clyde and/or their Insurers.
- In the event of a breakdown the Charterer should report to Yacht Charter Clyde as soon as possible. The Charterer shall comply with any reasonable instructions given by Yacht Charter Clyde or their representatives. No repairs are to be put in the hands of any other party without the prior consent of Yacht Charter Clyde. Receipts must be retained.
- The Charterer shall accept personal responsibility for the safety of himself and all members of his party. He is responsible for ensuring the correct use of safety equipment on board the vessel. The charterer and crew should recognize that sailing is potentially dangerous, and that Yacht Charter Clyde cannot be held responsible for any injuries sustained in the course of operating the yacht.
- The Charterer will not allow the maximum number of persons permitted to be carried aboard the Yacht, to be exceeded while she is at sea, as stated in the Code of Practice Compliance Document, a copy of which is carried aboard.
- The Charterer will not permit to be carried aboard the Yacht any animals, without written permission from Yacht Charter Clyde. In the event that permission is granted, any damage caused by such animals will be the liability of the Charterer.
- The Charterer agrees to comply with all laws, by-laws, rules and regulations of all authorities with whom he or she may become involved during the course of the charter, including, but not exclusively, UK Border Agency, Marine & Coastguard Agency and Harbour, Port and Marina officials.
- The Charterer must have written consent from Yacht Charter Clyde for any passage which involves entering or transiting the Crinan Canal.
- At least one other crew member should be capable of taking over from the skipper in the event of the skipper becoming incapacitated.
- If the Charterer fails to comply with any of these Terms and Conditions, Yacht Charter Clyde may terminate the Agreement and resume possession of the Yacht.
THE CRUSING LIMITS FOR YACHT “GUILLEMOT” ARE:
- The area to the north of a line extending east of Campbeltown
- These are the waters for which charts are carried aboard Guillemot. Charterers who would like to cruise beyond these limits, particularly those whose charter extends beyond one week, may request permission so to do, and should such permission be granted must provide their own charts for the extended areas to be visited. Possible extended destinations might include Northern Ireland, The Inner Hebrides and the mainland coast as far as is practical to sail to and return from within the charter period.
END OF CHARTER
- The Yacht must be returned, fuelled, watered, cleaned inside and out and free of all personal belongings by 10.00 hours on the last day of the charter. Failure to return the Yacht in a clean and tidy condition will incur a charge payable to Yacht Charter Clyde. This will be based on a rate of £30.00 per hour, minimum two hours, and if necessary will be deducted from the Security Deposit. To this end Charterers are advised to arrive back at the charter base, on the evening prior to the hand back. If a delay looks inevitable for any reason, the Charterer shall keep Yacht Charter Clyde informed. Yacht Charter Clyde appreciate your co-operation in handing the Yacht back on time, as the next charter may well commence at 1400 hours on the same day.
- In the event that the Charterer fails to re-deliver the Yacht at the time, date and place agreed without good reason, he or she shall be liable to pay to Yacht Charter Clyde a fee equal to twice the daily charter rate, pro rata, for each day or part thereof, until the Yacht is re-delivered. The Charterer’s obligations under the Agreement shall continue in force until the eventual re-delivery of the Yacht.
- The Yacht must be returned with a full tank of fuel. In the event that she is returned without having been refuelled without good reason, the Charterer will be liable to pay to Yacht Charter Clyde the sum of £30.00 in addition to the cost of the fuel. If necessary these costs will be deducted from the Security Deposit.
- This Agreement is subject to the law of Scotland.
- The Contract that exists in relation to these foregoing Terms and Conditions is between the Lead Name/Charterer and