- 1.1DSYC ….DEVON SAILING YACHTCHARTER
- 1.2All definitions as given on the booking form (which shall be deemed in every respect to form part of these Conditions) shall apply in these conditions. In addition the term "Charterer' shall include, where appropriate, all or any of the members of the crew and any other person from time to time on board the yacht, for whose acts or omissions the Charterer shall also be liable.
- 2.1The Charterer shall pay to DSYC the deposit upon returning the booking form to DSYC at which time these conditions shall become binding.
- 2.2Not less than 21 days prior to the commencement date the Charterer shall pay to DSYC the balance of the charter fee. If the Charterer shall fail to do so, DSYC may treat the booking as cancelled and seek to charter the yacht to another person. If the yacht is re-chartered for the whole of the charter period, then one half of the total fee will be payable by the Charterer, but in all other circumstances, DSYC shall be entitled to keep the total fee.
- 2.3If the booking is made within 21 days of the commencement of the charter then the total charter fee shall be payableimmediately.
- 3.1In the event of the Charterer cancelling the booking more than 28 days prior to the commencement date DSYC will be entitled to keep the deposit, and refund any balance to the Charterer.
- 3.2DSYC may cancel the booking at any time upon repayment of all sums already paid to theCharterer.
- 3.3If the client leaves the yacht before the scheduled date and
time no refund will be given and any additional travel costs incurred will not be reimbursed. If DSYC has to cancel the charter because of circumstances beyond their control then DSYC will use reasonable
endeavours to procure another yacht acceptable to the Charterer or alternative dates will be offered or a full refund made. If the start date is delayed, then a pro rate refund will be made. DSYC accepts no liability for any expenses or inconvenience caused to the Charterer as a result of such cancellation ordelay.
- 4.1The Charterer shall pay the security deposit by cash, credit card or cheque not less than 21 days before the start of the charter period to DSYC as security against the yacht not being returned in good condition and towards any loss or damage to the yacht occurring during the charter period which is the responsibility of the Charterer and against any loss or damage suffered by DSYC due to any breach of this agreement by the Charterer but without prejudice to any claim over and above the security deposit which the DSYC may have.
- 4.2The security deposit or any balance remaining shall be returned to the Charterer within 21 days after the return of the yacht to DSYC, or in any case of dispute, upon the determination of the dispute.
- 4.3Any security deposit taken by debit/credit card will be
authorised in full.
- 4.4Any payment made by credit card to DSYC will incur a 3% charge of the amount to cover credit cardprocessing. In the case of more than one incident occurring then the Charterer is responsible for the £750 excess on each and every claim.
- 5.1The charter shall commence on the commencement date and time and end on the return date and time. These conditions will remain in force until the return of the yacht in a condition satisfactory to DSYC.
- 5.2The charter times are:
- 5.3Weeks:Friday 1700 to Friday 1500
Sunday 1700 to Sunday 1500
Weekends: Friday 1700 to Sunday 1500
Midweek: Monday 1200 to Friday 1200
Day sail: Depart & Return times as arranged
- 5.4If the Charterer shall without good cause fail to accept delivery of the yacht within 48hrs from the start of the charter period and shall not have notified DSYC of his intention to accept delivery later during the charter period, DSYC shall thereupon be at liberty to treat the agreement as determined without notice to the Charterer. Such termination shall be without prejudice to the right of DSYC to recover any unpaid part of the charter fee and damage in respect of any other loss caused to DSYC through the failure of the Charterer to accept delivery of the yacht. The Charterer shall, however, be given credit for any sum recovered by the DSYC if the yacht is re-let during any part of the charter period, but subject to the deduction of all proper expenses incurred by DSYC in connection with the agreement and such re-letting.
- ACCEPTANCE OFCONDITIONS
- 6.1The Charterer shall be given the opportunity for a period of one hour to inspect the yacht, its equipment and to check the yacht's inventory. After such a period the Charterer shall be deemed to have accepted the yacht and to be satisfied as to its condition and itsinventory.
DSYC shall be at liberty to accompany the Charterer on the yacht for a trial prior to allowing the Charterer to take possession of the yacht on the commencement date. DSYC reserves the right not to hand over the yacht if, after such trial it shall be of the opinion that the Charterer is not competent in the sailing of the yacht.
- 7.1The Charterer shall return the yacht to the home port on the return date at the stated time free of all indebtedness and clear of all personal gear. Time shall be of theessence as far as the return date is concerned. For each day or part thereof that the yacht remains in the possession of the Charterer, the Charterer shall pay twice the daily charter fee or at an hourly rate of £40.00 + The Charterer shall inform DSYC if, during the charter period, it shall become apparent (or possible) that the Charterer will not be able to return the yacht by the return date but such notification shall not affect the Charterer's liability for failing to return the yacht on the return date. DSYC may
in its absolute discretion waive all or part of any extra
charter fees if there is good reason why the yacht has not been returned on the return date.
- 7.2Upon return of the yacht, the Charterer shall leave it clean and substantially in the condition in which it was on the commencement date. DSYC reserves the right to charge upto £50 + VAT out of the security deposit for cleaningthe Yacht upon
its return if it shall not be in a satisfactory condition. Any defects must be reported to DSYC.
- 7.3Before returning the yacht, the charterer MUST re fuelthe boat and a receipt for this MUST be presented on hand back of the boat. If the boat has not been re fueled then DSYC will charge £50 +VAT + fuel cost for the labour ofemployees to fuel boat.
The Charterer hereby agrees as follows:
- 8.1That the details provided by them in the booking form are complete and accurate.
- 8.2Not to take the yacht outside the cruising area specified in
the booking form.
- 8.3Only to use the yacht for pleasure cruising and not for racing purposes.
- 8.4Not to carry any animals. Unless agreed to by DSYC.
- 8.5Not to carry any other crew other than those specified on the booking form.
- 8.6To secure all gear on board, including theyacht's
inflatable, whilst cruising.
- 8.7To ensure that any mooring used is adequate for the size of the yacht, that when lying alongside harbour walls, pontoons or other vessels the yacht is correctly tied and fendered with particular regard for tides, current, prevailing winds and arrival and departure of other vessels; and that the yacht is never left at anchor without a competent watch aboard in any situation, such as changing tides or winds which may hazard the yacht.
- 8.8In the event of any damage to the yacht or to any third vessel or partly as a result of any collision with the yacht not to admit any liability to any person.
- 8.9In the event of there being any failure of mechanical gear
on the yacht to report the same as soon as practically possible to DSYC, not to commence repair work without the consent of DSYC and to use best endeavors to minimise any damage which might have occurred without endangering the yacht or any of the crew and shall carry out any instruction given by DSYC.
- 8.10To pay all running expenses and all harbour and port dues, berthing fees, pilotage fees and the cost of all provisions and fuel and not to do or omit to do any action or thing whereby the yacht may become liable to arrest or detainment anywhere.
- 8.11Without prejudice to 8.14 below, not to sail the yachtin
dangerously bad weather even if this may lead to a failure to return the yacht on the return date.
8.12 To pay to DSYC any insurance excess out ofthe securitydeposit and not to do or omit to do any act or thing, which may render void or voidable the insurance policy, referred to in 9.3 below
- Not to bring aboard any restricted or illegal goods such as drugs, firearms or explosives.
- To sail the yacht at all times using his/her skill, judgement and common sense bearing in mind at all times the necessity to return the yacht on the return date.
- DEVON SAILING YACHTCHARTER RESPONSIBILITIES
Devon Sailing Yacht Charter hereby agrees as follows:
- 9.1To deliver the yacht to Charterer at the home port on the commencement date in good and seaworthy condition complete with all items stated in the yacht's inventory.For the avoidance of doubt DSYC do not warrant that the yacht is fit for sailing in dangerously bad weather conditions and relies on the Charterer using their skill, judgement and common sense in deciding where to sail and in what weather conditions to sail bearing in mind the return date and time.
9.2 To refund to the Charterer any expenses incurred during the charter period by the Charterer in replacing any item
- 9.3To insure and keep insured the yacht against fire and all usual marine and collision risks including third party risks to such extent as DSYC in its absolute discretion shall deem appropriate. A copy of such insurance policy is available for inspection at the home port, In the event of any claim the excess on such insurance policy shall be payable by the Charterer and shall not exceed the security deposit. If there are subsequent claims during the same charter period then the Charterer shall be liable for each and every excess payment. Such insurance policy does not cover injury to or loss of life of any person on board against which the Charterer should insure prior to the commencement date. The Charterer if necessary from the security deposit shall pay any other uninsured damage or losses on board the yacht.
- 9.4The return of the security deposit or the balance thereof after the end of the charter period shall not be taken to imply that the Charterer has no further liability to pay any sums to DSYC in the absence of an expressed statement to that effect byDSYC.
- 10.1Subject to the terms of the Unfair Contract Terms Act 1977 (to the extent only that the same may apply to this agreement) in no circumstances whatsoever shall DSYC be liable for any death, personal injury, loss of or damage to the Charterer or any member of the crew or to any of their property.
- TERMINATION &REPOSSESSION
- 11.1In the event of it coming to the attention of DSYC that the Charterer is in material breach of any of these conditions, DSYC may forthwith terminate this agreement and take whatever steps are necessary to take possession of the yacht wherever it may be. Such termination and the taking of possession shall be without prejudice to any rights or remedies, which DSYC may have.
- FORCE MAJEURE
- 12.1No liability shall accrue to either party if the other is prevented from fulfilling any of his obligations hereunder by any incidence of force majeure, including Act of God, strikes, lockouts, act of government or authority or any other occurrence whether similar or dissimilar wholly beyond the control of eitherparty.
- 13.1The Charterer shall not be entitled in any circumstances whatsoever to assign the benefit of this agreement to any third
party and shall remain liable notwithstanding any purported assignment made by him.
- 13.2No action taken by DSYC or any failure to act, or time to allow the Charterer or any failure of DSYC to insist upon and enforce his strict legal rights shall constitute a waiver of any of the provisions of this agreement which shall remain in full force and effect.
- 14.1This agreement shall be construed in accordance with the laws of English Courts. We strongly recommend personal travel insurance cover. DSYC will not be liable for any claims that would have been covered insurance cover.
We strongly recommend personal travel insurance cover. will not be liable for any claims that would have been covered insurance cover.