Skippered Charter
Terms and Agreement
1.
Charter and Payment
1.1 World Marine
shall let on skippered charter and the Charterer shall hire Kayleen,
Cromarty 36, for the Charter Period for the Charter Fee.
1.2 The Advance
Payment is paid by way of a 25% deposit to secure the Vessel for the
Charter Period and shall be paid to World Marine on confirmation of the
charter. On payment by the Charterer of the Advance Fee, World
Marine agrees not to enter into any other agreement for the charter of
the Vessel for the same day. The Balance Payment shall be paid to
World Marine no later than 4 weeks prior to the Charter day If the
charter is booked less than 4 weeks before the charter date, then the
total amount is payable on date of booking
2.
World Marine’s Obligations
2.1 World Marine
shall at the beginning of the Charter Period deliver the Vessel to the
Charterer or his representative in good, seaworthy condition complying
with the MCA's Code of Practice for the Safety of Small Commercial
Sailing Vessels.
2.2 World Marine
will use all reasonable endeavours to deliver the Vessel to the
Charterer in the aforesaid condition at the agreed time and place but in
default, whether as a result of a breach of 3.1 or otherwise, the
Charterer shall be at liberty to treat the Charter as cancelled.
World Marine shall thereupon return all sums paid but shall have no
further liability to the Charterer in respect of the curtailment or
cancellation of the Charter including without prejudice to the
generality of the foregoing liability in respect of consequential or
economic loss or loss of use or enjoyment, save where delivery is
delayed otherwise than by reason of force majeure in which case World
Marine's maximum liability,
shall be limited to an amount equal to 50% of the Charter Fee.
2.3 World Marine
shall provide an experienced skipper suitably qualified by the Royal
Yachting Association (RYA) who shall be at the disposal of the Charterer
for the navigation of the Vessel to ports within the Cruising Limits of
the charter so far as is consistent with the safety of the Vessel and
her guests and crew and the time available, comply with all reasonable
requests of the Charterer. The skipper shall however have absolute
authority in matters of navigation, seamanship and safety and shall be
entitled to require the Charterer and all members of his party to comply
with all reasonable orders where the Charterer or any member of his
party might otherwise endanger the Vessel or any person on board, or
vitiate the Vessel's insurance, or prevent or be likely to prevent
timely redelivery at the end of the Charter Period or otherwise be
prejudicial to World Marine's interests.
3.
Insurance
3.1 The Vessel and
her equipment shall be insured on the terms of the Institute Yacht
Clauses, or on comparable terms, for her full value with third party
liability cover of no less than £2,000,000.
3.2 The Charterer
shall indemnify World Marine in respect of any loss of or damage to the
Vessel or her equipment or any other expense or liability arising out of
any act or omission of the Charterer or any members of his party which
is not for any reason covered by the Vessel's insurance.
3.3 World Marine
and/or its skipper shall have no liability for death or personal injury
suffered by the Charterer or any member of his party unless caused by
its negligence or wilful default.
3.4 The Charterer
and members of his party shall do nothing which may vitiate the Vessel's
insurance or prejudice World Marine's right to claim thereunder.
3.5 In the event
of major damage to the Vessel during the Charter day involving a
claim on the Vessel's insurance or in the event of a breakdown of gear
or machinery rendering the Vessel unseaworthy and/or unusable, a
pro-rata credit will be made for the period during which the Vessel was
unseaworthy or unusable provided that neither the Charterer nor any
member of his party caused or contributed to the damage or breakdown and
provided also that World Marine shall not be liable to the Charterer for
any other compensation in respect of damage or breakdown whether in
respect of consequential or financial loss or otherwise, unless damage
or breakdown is caused by the negligence or wilful default of World
Marine and results in death or personal injury.
4.
Charterers' Obligations
4.1 If the
Charterer fails to accept delivery of the Vessel within 2 hours of the
start of the Charter day and has not by then notified World Marine of
his intention to accept delivery later during the Charter day, World
Marine may treat this Agreement as terminated without prejudice to its
rights to recover any unpaid portion of the Charter Fee.
4.2 The Charterer
warrants the medical fitness of himself and all members of his party for
the passages and other activities envisaged hereunder.
4.3 The Charterer and all members of his party shall give the skipper such assistance as shall reasonably be required in handling the Vessel and shall comply promptly with the skipper's instructions.
4.4 The Charterer shall limit the number of persons in his party to not more than five persons, except by prior agreement with World Marine, such agreement to be contingent on the Charterer's party not exceeding the number of places on the Vessel licensed by the appropriate authority.
4.5 The Charterer
and all members of his party shall take all reasonable care of the
Vessel and its equipment.
4.6 The Charterer
shall observe all applicable rules, regulations and laws whether of
customs, harbour or other authorities or otherwise.
4.7 The Charterer shall not allow any animals on board.
5.
Notice of withdrawal
and cancellation
5.1 Should the
Charterer gives written notice to World Marine more than four weeks
before the start of the Charter Period of its withdrawal from the
Charter, no liability for any outstanding portion of the Charter Fee
will remain (and if it has already been paid, it and/or they shall be
refunded) but the Advance Payment shall be forfeit save that half the
Advance Payment will be refunded if World Marine re-charters the Vessel
for the Charter Period for no less than the Charter Fee. World
Marine shall use all reasonable endeavours to re-charter the Vessel in
such circumstances.
5.2 Should the
Charterer give written notice to World Marine within four weeks of the
start of the Charter Period of its withdrawal from the Charter, the
Charterer shall remain liable for all payments due to World Marine prior
to and unpaid at the date of the cancellation, save for
in the circumstances envisaged
in Clause 6.3.
5.3 If prior to the commencement of the Charter Period, World Marine gives notice to the Charterer of cancellation, the Charterer shall be entitled to repayment without interest of all sums paid by him to World Marine except where cancellation by World Marine is due to inclement weather. In event of inclement weather, World Marine may decide to cancel the charter in the interests of the safety of the vessel and Charterer. In this event, the charterer will be offered an alternative date, or a full refund less £50 for administration and provisions purchased for the cruise.
5.4
Notwithstanding World Marine's right to receive or retain all payments
referred to in Clauses 6.2 below, World Marine shall be under
a duty to mitigate his loss and in the event that World Marine is able
to re-charter the Vessel for all or part of the Charter Period, World
Marine will give credit for the net amount of charter hire arising from
the re-charter after deduction of all commissions and other
consequential expenses arising from such re-charter. The intention
is that World Marine shall receive the same in net proceeds from any
re-charter as would have been received under this Agreement. World
Marine shall use all reasonable endeavours to re-charter the Vessel and
shall not unreasonably withhold his agreement to re-charter, although
charters which may reasonably be considered detrimental to the Vessel,
its reputation, or its schedule may be refused.
5.5 If prior to
the date of cancellation by the Charterer, the Vessel has taken on provisions for the
Charter, then the Charterer shall reimburse these expenses unless all or
part can either be refunded by the supplier or transferred to the next
charter, in which case such expenses shall be adjusted accordingly.
World Marine shall be under a duty to mitigate these expenses where
possible.
6.
General.
6.1 World Marine
shall have the right to restrict the Cruising Limits in the light of
actual or anticipated weather conditions, or the experience and ability
of the Charterer and his party.
6.2 Save as
otherwise provided in the terms of business of World Marine, and subject
to the statutory rights of the Charterer if contracting as a Consumer,
the provisions of this Agreement shall exhaustively and exclusively
govern the rights and obligations of the parties. In the event of
cancellation due to inclement weather, The client may rebook the charter
on another date at no additional cost. If the charterer does not wish to
rebook, then any monies paid will be refunded, less £50 administration
fee.
6.3 This Agreement
is subject to English law. In the event of a dispute arising under
this Agreement, the parties agree to use reasonable endeavours to
resolve such a dispute by negotiation and, if such negotiation fails, to
consider referring the dispute to alternative dispute resolution under
the dispute resolution procedures adopted from time to time by the
British Marine Federation. Save as aforesaid, in the case of a
Charterer contracting otherwise than as a Consumer, any dispute arising
under this Agreement shall be submitted to the exclusive jurisdiction of
the Courts of England and Wales; in the case of a Charterer contracting
as a Consumer, any dispute shall be submitted to the non-exclusive
jurisdiction of the Courts of England and Wales.
6.4 If any
provision of this Agreement is held by any court or other competent
authority to be void or unenforceable in whole or part, this Agreement
shall continue to be valid as to the other provisions thereof and the
remainder of the affected provision.
6.5
Payment of 25% deposit by the
charterer indicates acceptance by the charterer to be bound by
these condition. Confirmation of the booking indicates acceptance of
World Marine to be bound by these conditions
