Charter Agreement
How to book
To
ensure availability of the desired Yacht for the dates you require please
telephone us first to make a provisional booking. Then complete this Booking
Form/Charter Agreement and return it to our office with an Advance Payment of
25% of the Charter Fee. The Final Payment should be paid at least 60 days
before the Charter and Security Deposit must have cleared our bank before the
yacht can be handed over. All payments made by credit card carry a 1.5%
transaction charge.
Losses and Damages
Charterers
are responsible for the safekeeping of the Yacht and her equipment during the
Charter Period. All our yachts are fully insured under All Risks policies
covering chartering, subject to certain deductibles or excesses. In the event
of a claim being necessary, the Security Deposit will be withheld to meet any
costs not recovered under the Yacht's insurance. Special terms apply for
racing.
Where
professional skippers have been employed, either directly by the Charterer or
indirectly through Symphony Sailing; the Charterer remains liable for losses or
damages during the Charter Period.
Cancellation
The
Charterer is liable for the full Charter Fee on our acceptance of the booking.
In the event of cancellation less than 28 days prior to the Charter there will
be no refund of Charter Fees.
Severe Weather
In
the event of severe weather being forecast for the duration of the proposed
Charter
Period,
we reserve the right to reschedule the Charter. We will reschedule the Charter
for within three months of the original booking.
No
refund will be given should severe weather occur and no refund will be given
should the rescheduled charters take place during a less expensive charter
period.
We
reserve the right to restrict the permitted cruising area should severe weather
be forecast. In the event of severe weather occurring once the Charter Period
has commenced the Charterer must contact Symphony Sailing to discuss the
situation but remains responsible for the Yacht at all times.
Unless
otherwise arranged, our charter schedules are based on the following times:
Week
Charters: 1600 hrs Friday to 1100 hrs Friday or 1900 hrs Sunday to 1700hrs
Sunday
Day
Charters: 0800 hrs to 1700 hrs
Weekend
Charters: 1700 hrs Friday to 1600 hrs Sunday
Mid-week
Charters: 1900 hrs Sunday to 1100 hrs Friday
We
try to be as flexible as possible with our charter times and will do our best
to accommodate your requirements. If you do wish to differ from the above
schedules, please discuss your requirements with us at the bookings stage.
However, please note that there will be a £25 per hour charge for any Charterer
who arrives two or more hours later than the agreed times. In the case of
evening handovers, late arrival by a Charterer may mean that handover cannot be
completed until the following morning.
At
the beginning of your Charter your Yacht will be clean and ready to sail, with
full fuel and water tanks and sufficient gas for the duration of your charter.
On completion of the charter we would ask that the Yacht be left as found, in a
clean and tidy state with the fuel and water tanks full.
Where
necessary we reserve the right to charge for post-charter cleaning should the
Yacht be left in a dirty condition.
At
the handover you will be given a comprehensive briefing on the Yacht and its
equipment, including routine engine checks and safety briefing. You will be
asked to sign a handover form together with any defects or missing equipment
known at the time, and a full inventory check list.
Spinnakers/ Cruising Chutes:
Please
note spinnakers and cruising chutes are un-insurable; all repairs needed are
chargeable to the Charterer.
Charter Terms
1. Charter Payment
1.1
Symphony Sailing (the "Company") shall let
on bareboat or skippered charter and the Charterer shall hire the Yacht for the
Charter Period for the Charter Fee (the "Charter").
1.2
The Advanced Payment shall be paid to the Company on the signing of this
Booking Form/Charter Agreement. The Final Payment shall be paid to the Company
no less than 60 days prior to the commencement of the charter. All monies
payable hereunder are deemed due upon acceptance of the booking by the Company.
2. Security Deposit
2.1
The Charterer shall pay a Security Deposit to the Company as security against
the Yacht not being returned in good condition and towards any loss of or
damage to the Yacht occurring during the Charter Period which is the
responsibility of the Charterer under Clause 7.8 and against any loss or damage
suffered by the Company due to any breach of this Booking Form/Charter
Agreement by the Charterer but without prejudice to any claim over and above
the Security Deposit that the Company may have.
2.2
The Company may retain and apply the Security Deposit in reduction or
extinction
of:
a)
Any liability of the Charterer to the Company howsoever the same may arise;
b)
The cost of repairing any loss or damage to the Yacht, her equipment or
furnishings which occurs during the Charter Period and which is for any reason
not recoverable under the Yacht's own insurance, howsoever the same may arise;
and/or
c)
Any liability for the death or personal injury of, or the loss of or damage to
the personal property of, any third party.
2.3
The Company may retain the security deposit if the charterer fails to comply
with any of the Charterer’s obligations as set out in clause 6.5 and clause 7
of this Booking Form/Charter Agreement, provided that such retention shall be
without prejudice to the right of the Company to recover any damages in respect
of such breach of the terms of this Booking Form/Charter Agreement by the
Charterer.
2.4
Save as aforesaid, the Security Deposit or any balance remaining shall be
returned to the Charterer within 14 days following inspection after the
redelivery of the Yacht.
3. Delivery
3.1
Before the commencement of the Charter Period the Charterer shall have the
opportunity to inspect the Yacht with a representative of the Company for the
purpose of ensuring that the Yacht and its equipment are in proper working
order. Acceptance of the Yacht shall imply (prima facie) that the Yacht is in
good order.
3.2
If the Charterer fails to accept delivery of the Yacht within 24 hours from the
commencement of the Charter Period and has not notified the Company of its
intention to accept delivery later during the Charter Period, then the Company
shall be at liberty to treat this Agreement as being terminated.
4. Company's Obligations
The
Company hereby undertakes as follows:
4.1
To use its best endeavours to deliver the Yacht to the Charterer or his
appointed representative in good and seaworthy condition fully bunkered and
with all the necessary gear and equipment. 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 whatsoever nature. The
Company
does not warrant the fitness of the Yacht in all conditions of weather for any
particular passage within the Cruising Limits.
4.2
To use its best endeavours to deliver the Yacht to the Charterer at the agreed
time and place. The Company reserves the right to substitute the Yacht listed
on this Booking Form/Charter Agreement should that vessel develop a fault but
in such cases the Company shall endeavour to supply a Yacht of similar or
higher specifications. If for any reason the Yacht shall not be so delivered, a
pro-rata refund will be made to the Charterer for each complete 12 hours delay.
If such delay exceeds 25% of the total Charter Period,
the Charterer shall be at liberty to treat the charter as being
terminated and the Company shall thereupon return the proportion of the Charter
Fee paid and the Security Deposit in full. In this event the Company shall not
be liable to pay the Charterer any other compensation for any loss or damage
whatsoever nature resulting from the curtailment or cancellation of the
charter.
4.3
Where requested by the Charterer, the Company shall provide an experienced and
suitably qualified skipper (the "Skipper") and, where appropriate, a
suitably experienced and qualified crew. The Skipper shall comply with all
reasonable orders given to him by the Charterer regarding the management, operation
and movement of the Yacht, 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 Yacht. The Skipper shall
not be bound to comply with any order which, in the reasonable opinion of the
Skipper, might result in the Yacht 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 Yacht on the expiry of the Charter Period, or would, in the
reasonable opinion of the Skipper, cause a breach of Clause 7 and/or any other
clause of this Booking Form/Charter Agreement.
5. Documentation
The
Company shall provide all necessary documentation for the Yacht in accordance
with the regulations for the time being in force under the Customs and Excise
or other Acts and any amending statute, and ensure that the Yacht is provided
with the necessary papers.
6. Insurance
6.1
The Company shall procure the insurance of the Yacht and her equipment under
the terms of the Institute Yacht Clauses or on terms similar thereto for her
full value with third party damage cover of no less than £2,000,000 subject to
a policy deductible no greater than the Security Deposit.
6.2
Notwithstanding the provisions of clause 6.1, the Charterer shall indemnify the
Company against any loss of or damage to the Yacht, 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 arising out of any act or omission of the Charterer, his/her
servants or agents or any member of his party.
6.3
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 (which expression,
for the purposes of this Clause 6.3, shall include any sub-charterer), his
servants, agents or any member of his party or any other person invited on
board the Yacht during the Charter Period, except for death or personal injury
caused by the negligent act or omission of the Company, its servants or
employees.
6.4
If the Yacht shall become an actual or constructive total loss during the
Charter Period this Booking Form/Charter Agreement shall terminate and no
refunds shall be payable by the Company to the Charterer.
6.5
The Charterer shall not take the Yacht outside the Cruising Limits nor do any
other act which may vitiate the Yacht's insurance or prejudice a right to claim
there under.
7. Charterer's Obligations
The
Charterer undertakes as follows:
7.1
Not to take the Yacht outside the Cruising Limits.
7.2
To pay for all running expenses during the Charter Period including the cost of
food, water, fuel, harbour dues, port dues, pilotage, vittals and provisions
for himself and his party and to the extent that upon return, any consumables
have not been restored to their level upon handover, the Charterer shall be
liable to the Company for the cost thereof.
7.3
In the event of any damage to or failure of the Yacht or any incident involving
a third party, at the earliest opportunity to report such occurrence to the
Company and (in case of personal injury or collision) HM Coastguard and comply
with any instructions given on behalf of the Company and HM Coastguard, where
appropriate.
7.4
Not to sub-charter, lend or part with the control of the Yacht without the
written consent of the Company.
7.5
Not to use the Yacht for any purpose other than private pleasure cruising for
himself, his crew and his guests and not race the Yacht without prior written
consent of the Company.
7.6
To limit the number of persons in his party to not more than the number of
berths on the Yacht, unless the Company grants permission for a greater number.
7.7
To take care of and assume full responsibility for the safety and maintenance
of the Yacht and its equipment at all times including periods when the Yacht is
left unattended.
7.8.
With the exception of loss or damage arising from latent defects or from fair
wear and tear to make good all loss of or damage to any stores, gear, equipment
or furnishings belonging to the Yacht caused during the Charter Period which is
not recoverable under any insurance affected by the Company as well as any loss
or damage arising after the Charter Period but attributable to any act or
default of the Charterer or his party.
7.9.
To report to the Company as soon as possible any event likely to give rise to a
claim under the insurance and any other accident, damage, failure of or to the
Yacht, and to comply with any reasonable instructions given to him by the
Company.
7.10
To observe all regulations of Customs, Harbour or other Authorities.
7.11
Not to allow any animals on board the Yacht without written consent of the
Company.
7.12
To ensure the Yacht remains afloat at all times and not to interfere or change
the standard configuration of sails and/or equipment on the Yacht.
7.13
At the end of the Charter period to re-deliver the Yacht to the Company at her
7.14
Where the Charterer has requested that the Company provide a Skipper in
accordance with Clause 4.3, to ensure that he and the members of his party give
the Skipper such assistance as shall reasonably be required in handling the
Yacht, 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 instructions in this regard.
7.15
Where the Charterer has indicated above an intention to sub-charter the Yacht
as a whole to a third party or has obtained the consent of the Company to so
sub-charter in accordance with Clause 7.4 above, to
(i) enter into a charter agreement with the sub-charterer on
equivalent terms to this Agreement;
(ii)
ensure that any sub-charterer has procured insurance
in respect of the sub-charter to cover all the usual third party risks associated
with water sports and other waterborne activities with cover for third party
liabilities of at least £2,000,000.00;
(iii)
give written notice to such sub-charterer of the Charter
Terms set out in this Agreement, with particular reference to Clauses 6.3 and
7;
(iv)
give a full briefing to the sub-charterer (or his
nominated skipper) as to the safety and other equipment on board the Yacht and
as to any safety and other operating procedures applicable to the Yacht, in
accordance with the relevant Code of Practice;
(v)
indemnify the Company against any liability of the
Company to such sub-charterer, or his servants, agents or any member of his
party arising from any breach by the Charterer of any of the Charter Terms set
out in this Agreement.
8. Safe Manning
8.1
The Charterer warrants that he and his crew (and where appropriate, any sub-charterer), have the necessary experience and competence to
handle the Yacht safely and that the qualifications and experience detailed in
this Booking Form/Charter Agreement are correct.
8.2
The Company or its agent shall have the right to accompany the Charterer for
trials prior to delivery. In the event that the Company is not satisfied as to
the ability of the Charterer to safely handle the Yacht the Company shall be at
liberty to terminate this Booking Form/Charter Agreement.
8.3
The Company shall have the right to restrict the Cruising Limits of the
Charterer in the light of the experience of the Charterer and the members of
his party, and/or the actual or anticipated weather conditions.
8.4
The provisions of this Clause 8 shall not apply where the Charterer has
requested that the Company provide a Skipper in accordance with Clause 4.3.
9. General
9.1
If any payment due is not made on or by the appointed day, or if the Charterer
fails to comply with any other provision of this Booking Form/Charter
Agreement, the Company may forthwith terminate this Booking Form/Charter Agreement
and resume possession of the Yacht but without prejudice to the right of the
Company to recover any unpaid part of the Charter Fee and damages in respect of
any breach of this Booking Form/Charter Agreement by the Charterer.
9.2
The construction of this Booking Form/Charter Agreement shall not be affected
by any marginal notes.
9.3
All references to the masculine shall include the feminine and vice-versa.
9.4
The provisions herein shall exhaustively govern the rights and obligations of
the parties hereto.
9.5
This Booking Form/Charter Agreement is subject to English law. Any and all
differences or disputes of whatsoever nature arising out of this Booking
Form/Charter Agreement shall be referred to a sole Arbitrator to be appointed
by the President for the time being of London Maritime Arbitrators Association
and the provisions of the Arbitration Act 1996 and any statutory modification
thereof shall apply to any Arbitration.
9.6
The Contracts (Rights of Third Parties) Act 1999 shall not apply to this
Agreement and no third party shall be entitled to any rights or benefits under
this Agreement.