Bareboat Charter Terms & Conditions example.
Below is an example of our bareboat charter terms & conditions, sometimes these may vary, when booking please read the actual copy sent with your booking form:
1. Your contract to charter a boat
These are the terms & conditions for booking bareboat & skippered yacht charters and come into effect once we have received your initial payment or payment in full and confirmed your booking.
From that time a contract fixing the price and terms exist between you, the charterer and the yachts operator/owner/owners agent, as detailed on the booking invoice for whom OceanBLUE act as agents.
On making your booking, you guarantee that you have the authority to and do accept on behalf of your crew the terms of these booking conditions.
Once your booking form and payment has been received, you will receive confirmation of your booking within 5 days. You should check the details of your confirmation carefully to ensure that it accurately reflects the booking you have requested and should inform us immediately of any discrepancies. This contract is agreed on the terms of these booking conditions, which are governed by British law, and we both agree to submit to the jurisdiction of British courts at all times.
2. Price and payment
a) Booking a boat at least eight weeks in advance.
If you make a booking eight or more weeks before the first day of your charter, an initial payment of
50% of the price of the yacht charter is required within five days of you making the booking. If, for whatever reason, we do not receive cleared funds within these time frames, your booking will be cancelled and we will inform you of this.
The remaining 50% of the price of your charter will be payable not later than four weeks before the first day of your charter.
b) Booking a boat within eight weeks of the departure date
If you make a booking eight weeks or less from the first day of your charter, payment for the full price of your charter is due within five days of you making the booking. If, for whatever reason, payment is not received within this timeframe your booking will be cancelled and you will be informed of this.
Once you have booked, as per article 1 of this contract, the agreed price of your sailing holiday is fully guaranteed by your charter operator and will not be subjected to any surcharge. This does not apply to possible invoice, typing or other errors.
3. If you want to change your booking details
If you want to change the details of your holiday once the contract has been entered into (as per article 1 ) - for example, if you want to change the departure dates or the boat model - then you should contact us, via OceanBLUE by phone or e-mail, and we will endeavor to make these changes, but are not obliged to do so, as it may not always be possible. Only you, the signatory to this contract, are authorised to contact us in this respect. Surcharges, if any, stemming from such changes will be quoted individually once we have established whether the changes you want are possible. If you request major changes (for example, the same boat but a different departure port) within ten weeks of the departure date, we reserve the right to treat such a request as a cancellation of your original holiday and the booking of a new holiday, whereby you may forfeit your original deposit (see below).
4. If you cancel your holiday
You may cancel this contract at any time. Written notification from the person who made the booking must be received at our office. Cancellation will be effective on the date that it is received.
Note: If the reasons for your cancellation are covered under the terms of your travel insurance policy, you may be able to reclaim these charges.
Providing we have received your written cancellation or request for major changes, cancellation charges are payable as follows:
Over 30 days– Initial Payment
Less than 30 days before the first day of your booked sailing holiday – 100% of total amount
5. If we change or cancel your holiday
The arrangements for sailing holidays are made many months in advance and it is inevitable that changes will sometimes become necessary. We reserve the right to make such changes if they do become necessary.
Most of these changes will be minor and we will advise you of them as soon as possible. We also reserve the right to cancel this contract or to suggest major changes due to unexpected circumstances (e.g. damage caused by freak weather conditions etc.).
Force Majeure: We will not pay you compensation if we have to cancel or change your sailing holiday in any way because of war, riot, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions or other unforeseen circumstances that may amount to force majeure.
If we are forced to make a major change to your sailing holiday, we will inform you as soon as reasonably possible and offer you, an alternative arrangement if there is time before your departure. In most cases, we shall offer an alternative, which is the same price, or more expensive (on our price list) than the charter you originally booked. If an alternative suggested by us is cheaper, you are entitled to a refund of the price difference. If we cancel this contract, you will receive a full refund of all monies paid.
6. Sailing holiday termination
We reserve the right at our absolute discretion to terminate without further notice the holiday arrangements of any client who refuses to comply with the instructions or orders of our staff or other responsible person and whose behavior in the opinion of these people is likely to cause distress, damage, danger or annoyance to other customers, staff, third party or property. Upon such termination, our responsibility for your holiday ceases and we shall not be liable for any extra costs incurred by you.
7. If you have a complaint
If you have a problem during your holiday, please inform a relevant member of our your charter operators staff immediately, who will endeavor to put things right. If your complaint is not resolved locally, please advise OceanBLUE before the end of your charter and follow this up within 28 days of your return home by writing. It is strongly suggested that you communicate any problem to us immediately and complete a report whilst in our marina. If you fail to follow this simple procedure, we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were on holiday and this may affect your rights under this contract.
8. Marine insurance for your charter boat
All yachts are comprehensively insured. Their policy provides full cover for the equipment and tender. We cannot be held responsible for any loss that you may suffer as a result of the insurers failing to indemnify any risk through you providing incorrect or incomplete information of previous sailing experience.
We strongly recommend that you take out personal travel insurance to cover personal injury, loss or damage to personal effects and cancellation or curtailment.
A refundable security deposit must be paid to the operator on the spot once you and our staff have checked the boat. This is paid in the form of a signed credit card slip, cash or travelers cheques, which is held until you return the boat. The amount is determined by the size of yacht and is displayed on your online booking form. A refundable deposit may also be required for tenders, outboards and GPS, which will be forfeited in the case of loss or damage to this equipment. However, should damage or loss be caused as a result of willful damage by a client, a client under the influence of alcohol or drugs or as a result of not obeying our staff’s instructions, then he or she will be liable for the full amount of repair or replacement. Adults will at all times be responsible for minors in their charge.
Neither the yachts operators, nor OceanBLUE are responsible for your and your crew’s safety afloat. Nor are we responsible for any damage caused by your sailing and staying on a chartered boat. You and your crew must comply with all the usual tenets of good seamanship, make qualified use of the charts and pilot books on your boat and abide by local regulations. If you want to take part in any kind of competitive event (such as a regatta, rally etc), you must receive our written approval in advance.
10. What if my chosen boat is not available on the first day?
If your boat is not available at the time of embarkation as a result of unforeseen circumstance (for example, if it has been damaged by the previous crew), the owner/owners agent shall provide you with a boat of similar or larger size. If they are unable to provide you with an alternative boat on the spot they shall provide you with free accommodation until your boat is repaired or else until they can provide you with another boat. In such a case, they shall pay you a compensation fee commensurate with the number of days your chosen boat was not available.
11. Conditions of travel arrangements
The contractual terms of companies providing travel services to and from yachts are in no way related to these terms & conditions.
15. Briefing your crew
You must acquaint the members of your crew with the conditions of this contract and make sure they understand their obligations as stipulated under this contract.