Terms & Conditions of Charter

 

CLYDE YACHTS - TERMS and CONDITIONS of YACHT CHARTER

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CONDITIONS OF CHARTER

 

Clyde Yachts will let the yacht and the charterer will hire the yacht for the period of the charter for an agreed charter fee. The charterer will be over 25 years of age. An advance payment including any insurance excess will be paid to Clyde Yachts on the charterer signing the agreement. The balance of the charter fee will be paid to Clyde Yachts not less than two weeks before the start of the period of charter.

DELIVERY OF THE YACHT

At the start of the period of charter the charterer will have the opportunity to inspect the yacht and upon this acceptance the yacht shall be deemed to be in good order and fully in compliance with its description.

Clyde Yachts has the right to accompany the charterer for trials prior to delivery and if not satisfied of the ability of the charterer and his crew to handle the yacht safely will terminate this agreement or restrict the cruising limits or allow the charter to proceed as a skippered charter.

Clyde Yachts reserves the right to refuse to hand over the yacht to anyone who, in their opinion, is not suitable to take charge. No reason need be given. In this event all sums paid will be refunded with no claim against Clyde Yachts.

If the charterer shall without good cause fail to accept the yacht within 24 hours from the start of the period of charter and shall have failed to notify Clyde Yachts of the intention to accept at a later date within the period of charter, Clyde Yachts will then be at liberty to conclude the agreement as fulfilled without notice to the charterer. Such termination will be without prejudice to the right of Clyde Yachts to recover any unpaid part of the charter fee and damages in respect of any other loss caused to Clyde Yachts through the failure of the charterer to accept the yacht on the due date. The charterer will be given credit for any sum recovered by Clyde Yachts if the yacht is re-let during any part of the period of charter subject to the deduction of all expenses properly incurred by Clyde Yachts in connection with the agreement and the re-letting.

OBLIGATIONS OF Clyde Yachts

Clyde Yachts will deliver the yacht to the charterer at the start of the period of charter in full commission, in good condition and with all gear and equipment complying with Department Transport regulations in force at the time for the specified cruising limits of the yacht. Clyde Yachts will carry a full set of tools and spares necessary for foreseeable minor repairs. Clyde Yachts does not warrant the fitness of the yacht in all conditions of weather for any particular cruise or passage within the cruising limits. Whilst reasonable effort shall be made by Clyde Yachts to ensure all advertised equipment on board is functioning, only equipment considered essential by the Department of Transport code of practice which is defective shall make the boat unsatisfactory to the charterer.

Clyde Yachts will deliver the yacht to the charterer at the agreed time and place. If for any reason Clyde Yachts are unable to deliver the yacht a refund will be made to the charterer pro-rata for each complete 12-hour period of such delay. If such delay exceeds 48 hours, the charterer shall have the right to terminate the agreement and receive a return of both charter fee and advance payment without further liability of either party to pay compensation to the other.

INSURANCE AND DAMAGE

Clyde Yachts will insure the yacht against all the usual marine risks with protection and indemnity insurance of at least £1,000,000 and subject to policy excess no greater than the amount of the security deposit. The Yacht insurance does not cover personal effects of the charterer or any member of the charter party.

Notwithstanding the provisions of the previous paragraph the charterer shall be liable for any damage or loss to the yacht, its equipment or furnishings occasioned by the charterer, or any member of the charter party's, own negligence or misuse.

If during the period of charter the charterer is prevented from using the yacht through reason of breakdown of machinery or gear or by damage to the yacht which is not due wholly or in part to the charterer, his servants or agents or any member of the charter party's negligence, act or omission then a pro-rata return of the charter fee shall be paid to the charterer for any period that the yacht is unfit for use. Engine breakdown is not considered to make the yacht unfit for use under the terms of this agreement.

If during the period of charter the yacht becomes a total loss, whether actual or constructive, and provided such total loss is not due wholly or in part to any act of negligence, omission or misuse by the charterer, his servants or agents or licensees any member of the charter party then a pro-rata refund of the unexpired portion of the charter fee shall be made to the charterer.

Clyde Yachts shall have no liability for death or personal injury to the charterer, his servants or agents or licensees any member of the charter party or any other person except where such death or injury is caused by the express act, default or negligence of Clyde Yachts.

Save as provided in the previous paragraph, Clyde Yachts shall have no liability for any loss or damage however caused arising out of this agreement or of the charterer’s use of the yacht.

 

CANCELLATION OF CHARTER

 

a) If the notice in writing of cancellation is given at least two calendar months in advance of the start of the period of charter, the advance payment shall be forfeit, but the charterer shall have no liability for the balance of the charter fee. If Clyde Yachts subsequently re-lets the yacht for the period of charter the advance payment shall be refunded to the charterer less 50% to cover the expense of the re-letting.

b) If the notice in writing of cancellation is given less than two months in advance of the start of the period of charter the charterer will be liable for the full balance of the charter fee but shall be entitled to find a replacement charterer who is acceptable to Clyde Yachts.

OBLIGATIONS OF THE CHARTERER

The charterer warrants that he and his crew are competent and medically fit to handle the yacht safely. A Doctors note confirming medical fitness is required for all those aged 70 or over and where the skipper is 70 or over confirmation of fitness to act in this capacity must be specifically indicated by the Doctor. The charterer or one of his crew will hold a VHF Radio Licence to be offered for inspection at start of charter.

The charterer shall take over at current market prices at the start of the period of charter all fuel, lubricating oil, gas and other consumable stores on board the Yacht and the cost of those items not replaced by the charterer at the end of the period of charter will be deducted from the Security

The charterer shall pay for all running expenses during the period of charter including the cost of charts (other than those supplied) food, laundry charges, water, fuel, bills of health, harbour dues, port dues, mooring charges, pilotage and all other provisions for himself or his party .

The charterer shall take care of the yacht and all its gear and equipment during the period of charter to the standard of a competent skipper.

The charterer will not sub-let or part with control of the yacht without the written consent of Clyde Yachts.

The charterer will not use the yacht for any other purpose other than for private cruising for himself, his crew and his guests. He/She/She will not race the Yacht except with the written approval of Clyde Yachts.

The charterer will limit the number of persons aboard, whilst at sea, to not more than the number stated in the Code of Practice Compliance document, which is carried on board

The charterer will not take the Yacht outside the cruising limits nor do any other act which might compromise Clyde Yacht’s insurance or prejudice any right to claim there under.

The charterer will assume full responsibility for the safe navigation of the Yacht at all times during the period of charter including the security of the Yacht and all equipment while in harbour, at anchor or when otherwise left unattended.

The charterer will not allow any animals on board the yacht without the prior written permission of Clyde Yachts and any damage caused by such animal will be the liability of the charterer.

The charterer will comply with all rules and regulations of Customs, port, harbour or other authorities to which the yacht becomes subject

ACCIDENT OR INCIDENT

 

In the event of any accident or damage to or failure of the Yacht or reportable incident or injury to a crew member or third party the happening of any other event which might give rise to a claim under Clyde Yacht's insurance, the charterer shall report such occurrence to Clyde Yachts forthwith and not later than two hours of such and occurrence and shall comply immediately with any instructions given to him by Clyde Yachts or the insurers. Where loss or damage is caused to the Yacht the charterer shall:

a)       At the earliest possible opportunity, make the yacht available for inspection. This is for the purposes of structural integrity and suitability for the yacht to continue on charter.

b)       Make best endeavours to obtain the prior approval of Clyde Yachts on any expenditure

c)       Obtain a written estimate for any work likely to cost more than £50.00 before putting any repairs in hand.

d)       Inform the MCA by means of an MAIB form available at all coast guard stations.

e)       Make a full written report, giving details of date, time, location and description of the occurrence.

AGENCY

Where the agreement is signed by an agent on behalf of Clyde Yachts the agent acts in good faith but contracts as agent only and incurs no liability for any acts, matters or things done, omitted or suffered by either party.

DISPUTES

In this agreement the singular will include the plural and the male the female. All disputes arising out of this agreement shall be determined by the laws of Scotland. For reference purposes all correspondence relating to any dispute will be lodged with Clyde & West Coast Cruising of 19 Grahams Avenue, Lochwinnoch Renfrewshire

In the event of any dispute between the parties arising out of this agreement , that dispute will be referred to Clyde & West Coast Cruising  of 19 Grahams Avenue, Lochwinnoch Renfrewshire who will appoint an arbiter,  whose decision will be both final and binding on both parties.

SECURITY DEPOSIT

A security deposit, as listed on the price list is must be paid prior to commencement of the charter. If a cheque is being presented as the security deposit, then the funds must have cleared to our bank account. We recommend that the cheque is delivered to us 10 days prior to charter.  If the funds have not cleared then the charter will not be allowed to commence unless cash to the value of the security deposit is given to Clyde Yachts' agent.

Clyde Yachts may retain the security deposit in reduction or extinction of :

a)       Any liability of the Charterer to Clyde Yachts howsoever the same may arise; and/or

b)       The cost of any loss, damage or dilapidation to the Yacht, which occurs during the charter period.

c)       Cleaning charges and the replacement of any diesel fuel and Gas used.

Subject as aforesaid, the Security Deposit or any balance remaining shall be returned to the Charterer within 14 working days after the redelivery of the Yacht to Clyde Yachts or the termination of the Agreement under ‘Page 1 Delivery of yacht paragraph 3’ hereof or, in the event of dispute, upon the determination of such dispute.  The retention of the security deposit does not preclude the right of Clyde Yachts to pursue any unsatisfied balance of such liability or cost from the charterer.  In the event of an insurance claim the whole security deposit will be forfeited

RE-DELIVERY OF THE YACHT

The charterer will re-deliver the Yacht to Clyde Yachts free of indebtedness at the end of the period of charter in as good, clean and tidy condition as when delivered to the charterer and with her inventory complete at her base or other convenient place to be notified to the charterer. If the charterer shall fail to re-deliver the Yacht at the time and place agreed, he shall be liable to pay to Clyde Yachts a sum equal to twice the pro-rate daily Charter Fee for every day or part of a day by which re-delivery is delayed. The charterer's obligation under this agreement shall continue in force until eventual re-delivery. Failure to return the yacht in a clean and tidy condition will incur a charge by Clyde Yachts dependent on time spent returning the yacht to a clean and tidy condition based on an hourly rate of £30.00.

TERMINATION OF AGREEMENT

If the charterer fails to comply with any provision of this agreement Clyde Yachts may forthwith terminate the agreement and resume possession of the Yacht, but without prejudice to the right of Clyde Yachts to recover damages in respect of any breach of the agreement by the charterer.

 

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