Legal Terms

Terms of Business

1. DEFINITIONS
Additional Fees:
The additional fees due, as specified in the Booking Form, for items such as specific food and drink as requested by the Charterer.
Booking Form/Charter Agreement: The booking form relating to the Charter signed for or on behalf of the Charterer.
Charterer: The individual, company, firm or other organisation named as the Charterer in the Booking Form and its successors and permitted assignees.
Charter Period: The period as specified on the booking form
Charter Fee: The Charter Fee as specified on the Booking Form
Company: Caprice Chartering Company Ltd of Unit 11, Burnham Business Park, Springfield Road, Burnham on Crouch, Essex CM0 8TE
Contract Documents: Those documents specified in Clause 11.1
Joining Instructions: All notes (if any) relating to the chartering of the Vessel which have been issued by the Company to the Charterer, as the same may be amended or supplemented from time to time.

2. PAYMENT
2.1 The Company shall let on charter and the Charterer shall hire the Vessel for the Charter Period for the Charter Fee (“the Charter”).

2.2 The agreed Charter Fee will include an experienced and suitably qualified skipper (the “Skipper”) and crew member (the “Charter Crew”), safety equipment, vessel insurance, normal runningcosts and (unless otherwise stated at the time of booking) mooring /berthing fees and fuel, food, provisions, vittals and non-alcoholic drinks and is inclusive of VAT. In the interests of clarity, the charter fee does not include any shore based excursions, trips or subsistence.

2.3 If the booking is made more than 8 weeks before the commencement of the Charter then 25% of the Charter Fee is payable upon booking the Charter. The balance of the Charter Fee plus any Additional Fees shall be payable 8 weeks before the commencement of the Charter (“the Due Date”).

2.4 Failure to pay the balance of the Charter Fee, and any Additional Fees upon the Due Date shall entitle the Company to cancel the Charter, in which circumstances the 25% of the Charter Fee already paid shall be forfeited by the Charterer.

2.5 If the booking is made less than 8 weeks before the commencement of the charter then the whole Charter Fee plus any Additional Fees shall be payable at the time of booking.

2.6 The Charterer shall not be entitled to any refund of the Charter Fee if the Vessel is unable to sail, or if its area of operation during the Charter is limited to harbour or otherwise constrained by adverse sea or weather conditions or other factors outside of the Company’s control.

3. SAFETY BRIEFING
3.1 The Company shall provide, and the Charterer and all members of its party shall attend, a safety briefing, to be given by the Skipper, prior to the commencement of the charter.

3.2 The briefing shall include an introduction to the vessel, her equipment/gear and life saving equipment.

4. COMPANY’S OBLIGATIONS
4.1 The Company shall use its best endeavours to deliver the Vessel to the Charterer in good and seaworthy condition fully bunkered and with all the necessary gear, equipment and documentation / paperwork. In the event of the Company’s failure to comply with the provisions of this clause, the Charterer’s damages shall be limited to the Charter Fee and the Company shall have no liability for consequential losses of any nature whatsoever. The Company does not warrant the fitness of the Vessel in all conditions of weather for any particular charter purpose.

4.2 The Skipper has a duty to consider, and has ultimate authority to determine, the suitability, experience, qualifications or otherwise, of those members of the Charterer’s party listed by the Charterer in the Crew Details form (clause 5.1).

4.3 The Skipper shall comply with all reasonable orders given to him by the Charterer regarding the management, operation and movement of the vessel, wind, weather and other circumstances permitting.

4.4 Notwithstanding clause 4.3, the Skipper shall have absolute authority in matters of navigation, seamanship and safety of the Vessel. The Skipper shall not be bound to comply with any order which, in the reasonable opinion of the Skipper, might result in the Vessel moving to any port or place that is not safe and proper for her to be in, or might result in the Charterer failing to re-deliver the Vessel on the expiry of the Charter Period, or would, in the reasonable opinion of the Skipper, invalidate the Vessel’s insurance or cause a breach of any of the provisions of this Charter Agreement.

5. CHARTERER’S OBLIGATIONS
5.1 The Charterer, preferably at the time of booking and in any event no later than the commencement of the charter, shall provide to the Company (in the attached form) a fully completed Crew Details form, listing the names, addresses, emergency contact numbers, next of kin, any relevant medical conditions and relevant sailing experience of all members of the charterer’s party. The Crew Details form must be signed by each member of the charterer’s party and be handed to the Company prior to commencement of the Charter. No unaccompanied children under the age of 16 can be carried. No children under the age of 12 shall be carried unless part of a whole boat charter and then they are the responsibility of their parents/guardians at all times.

5.2 The Charterer shall not sub-charter the Vessel without the written consent of the Company.

5.3 The Charterer shall limit the number of persons in its party to those listed in the Crew Details form unless the Company grants permission for a greater number.

5.4 The Charterer shall take all reasonable care of the safety and maintenance of the Vessel and its equipment at all times.

5.5 The Charterer shall observe all regulations of Harbour or other Authorities.

5.6 The Charterer shall not allow any animals on board the Vessel without the written consent of the Company.

5.7 The Charterer shall ensure that no member of the Charterer’s party brings drugs (other than those properly prescribed for medicinal purposes) or other unlawful substances or goods or pornographic materials on board the vessel and shall indemnify the Company and its employees against any losses and liabilities incurred should any member of the Charterer’s party nevertheless bring such substances on board the Vessel.

5.8 The Charterer shall ensure that the members of its party give the Skipper and Charter Crew such assistance as shall reasonably be required in handling the Vessel including but not limited to being on watch at any time of the day or night, sail-handling, sail-trimming, helming and galley duties and shall comply promptly with the Skipper’s and Charter Crew’s instructions in this regard.

6. DELAYED DELIVERY
6.1 If delivery of the Vessel is delayed directly or indirectly by any event reasonably beyond the control of the Company, the Company shall use its best endeavours to deliver the Vessel, or a similar vessel of the same type accommodating the same number of crew within 48 hours;

6.2 If the Company is unable to deliver the Vessel or a replacement vessel in accordance with Clause 6.1, the Charterer may elect, within 24 hours, to cancel the Charter by giving written notice to the Company. Thereupon the Charterer shall be entitled to reimbursement of the Charter Fee and any Additional Fees paid by the Charterer.

7. RETURN OF THE VESSEL
7.1 The Charterer shall return the Vessel at the end of the Charter Period at the time and to the place specified on the Booking Form. Upon return, the Vessel is to be in the same condition as upon delivery and with her inventory complete.

8. DAMAGE, ACCIDENTS, GROUNDING
8.1 In the event of any damage (howsoever caused) or failure of the Vessel or any incident involving a third party or the grounding of the Vessel for any reason, the Charterer must comply with any instructions given by the Skipper on behalf of the Company.

8.2 Unless otherwise agreed with the Charterer, the Company will, as soon as is reasonably practicable, make arrangements for the appropriate repairs to be carried out on the Vessel (whether permanent or temporary) to enable the Vessel to complete the Charter.

8.3 If the Vessel is unable to navigate for more than 30 hours due to damage to the hulls, gel coat, mast, boom, rigging, sails or the motors, (unless caused by the Charterer’s breach of the Charter Agreement), the Company shall reimburse to the Charterer a pro-rata proportion of the Charter Fee.

9. INSURANCE
9.1 The Company shall procure the insurance of the Vessel and her equipment for her full value with third party damage cover of no less than £2,000,000.

9.2 This insurance shall not cover loss of charter for any reason, nor legal expenses cover for any claim made by the Charterer or any member of the charterer’s party against any third party for personal injury or death or damage to personal possessions.

9.3 Notwithstanding the provisions of Clause 9.1, the Charterer shall indemnify the Company against any loss of or damage to the Vessel, her gear, equipment or furnishings or any liability for the death or personal injury of, or the loss of or damage to the personal property of, any third party or any other expenses or liabilities (including any loss of no claims bonus or consequential increase in insurance premium) arising out of any act or omission of the Charterer or any member of his party.

9.4 The Company shall have no liability for the death or personal injury of, or the loss of or damage to the personal property of, the Charterer or any member of his party or any other person invited on board the Vessel during the Charter Period, except for death or personal injury caused by the negligent act or omission of the Company, its servants or employees.

9.5 If the Vessel shall become an actual or constructive total loss during the Charter period the Charter Agreement shall terminate and no refunds shall be payable by the Company to the Charterer.

10. CANCELLATION
10.1 Cancellation by the Charterer:

10.1.1 Cancellation of the Charter by the Charterer must be confirmed in writing by post, fax or email. The effective date of cancellation is the date the Company receives such notification;

10.1.2 If such cancellation is made more than 8 weeks before the commencement of the Charter Period, the Charterer shall be liable to pay 25% of the Charter Fee;

10.1.3 If cancellation is made less than 8 weeks before the commencement of the Charter Period, the Charterer shall be liable to pay 100% of the Charter Fee.

10.1.4 If the Vessel is re-let for the Charter Period, the Company has discretion to waive any of the cancellation fees detailed in this clause.

10.2 Cancellation by the Company:

10.2.1 The Company reserves the right to cancel any booking without liability or prior notice, should such actions be deemed necessary or du to reasons beyond the Company’s control; Scheduled charters may also be cancelled up to four weeks in advance of the departure date if insufficient bookings have been made.

10.2.2 In the unlikely event of cancellation by the Company, the Company will endeavour to arrange an alternative charter date, or alternative suitable vessel, or will return all payments;

10.2.3 The Company shall have the right to cancel the Charter by notice to the Charterer in the event of the Charterer’s breach of any provision of the Booking Form/Charter Agreement, or the insolvency of the Charterer. Upon giving such notice to the Charterer, the provisions of this condition shall apply as if the Charterer had given notice under clause 10.1 above.

11. GENERAL
11.1 The contract between the Company and the Charterer shall incorporate the Booking Form, the Charter Agreement, the Joining Instructions, the Crew Details Form and all other guidance notes/information given to the Charterer in advance of the Charter. In the event of any inconsistency, the terms of the Charter Agreement shall prevail.

11.2 The Company reserves the right to vary the Charter in any way considered desirable due to adverse weather or any other conditions. The Company does not assume any responsibility for delays in departure or interruption of the Charter due to conditions outside its reasonable control.

11.3 The Charterer hereby waives and abandons any and all rights to exercise any lien (whether statutory, maritime or at common law) over the Vessel.

11.4 The construction of this Booking Form/Charter Agreement shall not be affected by any marginal notes.

11.5 All references to the masculine shall include the feminine and visa-versa.

11.6 This Booking Form and Charter Agreement are subject to English Law.

11.7 Any and all differences or disputes of whatsoever nature arising out of this Booking Form and Charter Agreement shall be referred to a sole Arbitrator who shall either be agreed by the parties or be appointed on the application of either party by the Royal Yachting Association. The provisions of the Arbitration Act 1996 and any statutory modification thereof shall apply to any Arbitration.

11.8 Any person who is not a party to this contract shall not have any rights under or in connection with this contract by virtue of the Contracts (Rights of Third Parties) Act 1999 save for the Owner of the Vessel.

Association of Scottish Yacht Charterers

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