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1. Contract
1.1 Your contract is with Solent Sail Ltd (registered in England, company
number 2798092 at 5 Hilltop Road, Kings Langley, Herts, WD4 8NS), ‘the
company’, which trades as Solent Sail.
2. Booking and deposits
2.1 Bookings can be made by telephone, post, email or by other
electronic means. A contract is made when we accept your booking and send
you our written confirmation and invoice. The company or its agents
reserve the right to decline any booking at their discretion. All
contracts and matters arising from them are subject to English Law and the
exclusive jurisdiction of the English Courts. Bookings are provisional
until the deposit is received by the company and may be released without
notice if not confirmed within 7 working days.
2.2 A non-refundable deposit of 25% of the charter fee is payable on
acceptance of the booking, with the balance to be paid 60 days prior to
the charter commencing or at the time of booking if later.
3. Security Deposit (bareboat charters only)
3.1 A security deposit of £750 per vessel under 40' and £1,000 per vessel
over 40' must be paid not less than
30 days prior to any bareboat charter commencing. No bareboat charter will
commence without a security deposit being held as cleared funds by the
company.
3.2 The company may retain and apply the security deposit in full or part,
in reduction or extinction of:
Any liability of the charter client to the company whatsoever.
The cost of repairs, losses or expenditure to the vessel or any of its
equipment.
The cost of cleaning to a reasonable standard.
Any liability arising from causing damage or injury resulting in a third
party claim.
The vessel’s insurance policy excess.
3.3 If none of the above apply, the security deposit will be returned to
the charter client within 14 days of completion of the charter.
4. Balance of payment
4.1 The deposit is held towards the full cost of the
charter/voyage/course. An invoice will be issued with written confirmation
stating the outstanding balance, plus a hire charge for oilskins if any.
The due date for payment will be shown on the invoice.
4.2 Payments by credit or charge card are accepted in place of a cheque if
you prefer. If you have Paypal account, payment should be made to pay@solentsail.co.uk.
Alternatively for payments up to £250 you can use the Nochex secure
payment portal at https://www.nochex.com/quicksend/ and make your payment
to admin@solentsail.co.uk
4.3 If you do not pay the full cost within the specified time, the company
reserves the right to cancel the booking and charge the cancellation
charges set out below.
5. Prices & surcharges
5.1 The company reserves the right to notify you of any increase in
advertised prices before accepting a booking.
5.2 The price paid may be subject to surcharges in respect of taxes
imposed by government or harbour authorities. If the price increase
amounts to 10% of the total, you will be entitled to cancel within 14 days
of notification of the surcharge and to receive a full refund.
5.3 A bareboat charter client will return the yacht to the point of
departure or, in the case of one-way charters, the agreed final
destination. Should inclement weather make sailing impracticable or
dangerous, there will be no surcharge for not returning the yacht unless,
in the company’s opinion, the client is careless in not heeding weather
forecasts or has ventured too far away from base. In these circumstances a
surcharge will be made to cover the cost of berthing, fuel and a skipper
to return the boat to base.
6. Damage to the yacht or equipment
6.1 During a skippered charter, if the yacht or its equipment suffer
loss or damage caused by you whilst under the influence of alcohol or
drugs, or through your disobeying the instructions of the company’s staff,
the cost of repair or reinstatement must be borne by you.
6.2 During a bareboat charter, any fatal or serious injury to any persons
onboard the yacht, damage to the yacht, failure of its equipment or any
incident involving a third party, must be reported to the company at the
earliest opportunity.
6.3 If the damages or loss of any said equipment of the yacht is
considered significant then at the company’s discretion the security
deposit may not be returned in whole or in part.
6.4 At the end of a charter an inspection for damage or loss of any
equipment from the vessel will be made within 3 days. Any damage or loss
must be reported by the client on returning the vessel and in advance of
the inspection by preparing a defects log to be left on board. In
particular the client must include a report of any grounding that may have
occurred. Although not necessarily a problem if the circumstances involved
soft mud at low speed for example, a more serious grounding may require
repair work at a cost to the client. Please be aware however, that if a
grounding is not reported, a subsequent charter client may suffer serious
injury or death as a result of what would be a deliberate concealment.
7. What is included
7.1 Hire of the boat or a berth therein for the duration of the
charter, voyage or course, yacht insurance covering major damage to the
yacht and loss of equipment, use of a life jacket & safety harness, use of
life-raft if required.
7.2 Bareboat charter clients will be given a full and in-depth handover of
the yacht at the start of the charter, involving all aspects of the
yacht’s safety equipment and a full inventory list for the charter client
to check thoroughly.
7.3 In addition, courses and book-a-berth cruises include meals provided
on board, fuel and port dues, guidance and instruction from a
professionally qualified skipper.
8. What is not included
8.1 Travel to & from the marina, parking at the marina, meals consumed
away from the boat, any alcoholic drinks, personal insurance for
cancellation & personal injury, incidental charges.
8.2 In addition, bareboat charter does not include the cost of fuel used,
cooking gas, marina fees other than at the base, harbour dues and any
fines incurred.
8.3 You are liable for the cost of consumables that have not been
replenished to the level at which they were at the handover. This includes
diesel fuel charged at cost and cooking gas charged at £5 per weekend or
£10 per week.
9. Age limit (skippered charters)
9.1 The minimum age for sailing is normally 18 years or, at the
discretion of the company 8, where accompanied by an adult over 21.
9.2 The maximum age is normally 75, unless otherwise agreed in advance by
the company.
10. Alterations & cancellations by you
10.1 If you wish to alter a booking at any point prior to departure,
we will endeavor to make the necessary changes. We would aim to
re-charter the yacht and if we were able to, would normally return the fee
or part thereof, which we have been able to resell, less a nominal
administration charge.
10.2 You may transfer your booking to another person by providing written
instructions at least 28 days prior to departure and subject to payment of
a £25 administration fee. The new charter client must fulfill any
conditions imposed by the company.
10.3 Cancellation of a booking must be notified to the company in writing,
the effective date being the date that this notification is received by
the company. Cancellation charges are dependent on how far in advance of
departure that notification is received calculated as follows: more than
60 days – deposit, 45 to 60 days – 50%, 22 to 44 days – 75%, less than 21
days – 100%.
11. Alterations by us
11.1 The company reserves the right to change or cancel a
charter/voyage/course at any time and for any reason save that no change
or cancellation will be made within 30 days of departure except for force
majeure, or circumstances beyond the company’s control.
11.2 If it is necessary for the company to cancel or change your booking,
you would be given the choice of an alternative booking to a similar value
or a full refund.
11.3 In circumstances where the point of departure has to be changed, the
company will use its discretion to decide whether any compensation is
offered for additional travel costs.
11.4 If there is a delay in handover due to the late return of a yacht by
a previous charter client, you would be offered a partial refund,
proportional to the delay incurred.
12. Insurance
12.1 Vessels are covered by comprehensive insurance policies with a
minimum of £1,000,000 third party liability. Rigging and sails are only
insured in the case of the loss of the mast. The insurance does not
include cover for racing unless specifically requested and prior authority
is obtained from the company.
12.2 The geographical limit of insurance cover and therefore the maximum
permitted cruising area extends from Brest (48ºN 4ºW) to Elbe (54ºN 8ºE)
and within 60Nm of a safe haven.
12.3 The charter client shall indemnify the company in respect of any loss
or damage to the yacht or her equipment any other expenses or liability
arising out of any act or omission of the charter client, his agent or
servant or any member of the party which is not for any reason covered by
the yacht’s insurance.
12.4 The company shall have no liability for death or personal injury
suffered by the charter client or any member of his/her party save in the
event that it is caused by the company’s willful default.
13. Force Majeure
13.1 The company cannot accept any liability for matters outside its
control which includes outbreaks of hostilities or war, civil commotion,
riot or riotous assembly, strikes, hurricanes, storms, gales, lack of
wind, fog, tempest and any ‘acts of God’. If any such event of force
majeure occurs, the company shall not be liable to pay any refund or
compensation to you.
14. Limitation of liability
14.1 The company will accept liability for the negligence of its staff
causing you injury or death only to the extent that it is obliged under
English law. The company shall not (subject to any statutory requirement
to the contrary) be liable for any injury, death, loss or damage caused by
other passengers or crew, nor will it be liable for any uninsured losses
of your property or for any illness or death sustained during a
charter/voyage/course.
14.2 The company accepts no responsibility for delays or costs that you
might incur in traveling to the embarkation point. Should you arrive too
late to join a voyage/course, the company will not be liable to make any
refund to you or to pay costs associated with your joining the yacht at
its next port of call.
15. Authority & participation
15.1 During a voyage or course you are a member of the yacht’s crew and
you therefore agree to accept the authority, decisions and instructions of
the company’s employees, skippers and agents. In particular, the decisions
of the company’s skipper will be final on all matters and at all times
whilst on board. You must adhere to all reasonable instructions issued to
you by the skipper or included in the yacht’s instruction manual (the
former having precedence over the latter in the event of a conflict).
15.2 Your duties may include being on watch at any time of the day or
night, sail handling & trimming, basic and routine maintenance, helming,
galley duties and cleaning both during the voyage/course and at the end.
15.3 If you commit an illegal act or disregard the customs of a country
visited, you may at the skipper’s discretion be excluded from the yacht
and the company will have no responsibility to you for the cost of
repatriation.
15.4 If you interfere with the well being of the crew through disruptive
or difficult behavior, the skipper has authority to dismiss you from the
yacht and in such circumstances you will have no recourse to any refund.
15.5 If the skipper considers that the yacht should not sail at any time
or should return to port or amend its sailing itinerary after departure
due to adverse weather conditions, a defect in the yacht or its equipment
or the indisposition of a crew member, the skipper’s decision will be
final. In such circumstances you will have no recourse to any refund
except at the company’s discretion.
16. Health & Travel
16.1 The nature of sailing is such that it can be dangerous and it
requires an average level of fitness and good health. You are responsible
for obtaining any medical advice as to your suitability to take part in
any voyage or course and cancellation due to ill health is not the
responsibility of the company. You should therefore take out your own
travel & medical insurance.
16.2 If travel to a foreign country is likely, you are responsible to
ensure that you have the necessary passport, visas and vaccination
certificates.
16.3 The company will not be liable for any costs incurred due to the late
return of a voyage/course.
17. Competency
17.1 Unless otherwise specified, no previous sailing experience is
required or assumed.
17.2 For bareboat charter the nominated skipper must have the RYA (or
equivalent) sailing qualifications at the following level: for yachts up
to 11m - Day Skipper practical, for yachts up to 15m – Coastal Skipper
Practical.
17.3 In making a charter booking, you warrant that you and your crew have
the experience necessary to safely handle the vessel.
18. The yachts
18.1 The specification of any yacht made available for charter may vary
from that specified in the company’s promotional material except that the
company will use its best endeavors to describe the yacht and its
equipment accurately. If any particular equipment is required, you should
confirm its inclusion at the time of booking.
18.2 The company will provide a yacht in a good and seaworthy condition
that complies with the provisions of the relevant code for commercially
chartered yachts.
18.3 The company shall endeavor to deliver the vessel to the client at an
agreed time and place. If for any reason the yacht shall not be so
delivered, a pro-rata refund shall be made to the charter client.
19. Complaints
19.1 If you have a complaint against the company, you must first inform
the skipper or any other representative of the company present or
contactable during your charter/voyage/courses so that action can be taken
to correct the problem if possible.
19.2 If you are not satisfied, you should write to The Directors, Solent
Sail Ltd, 5 Hilltop Road, Kings Langley, Herts, WD4 8NS as soon as
possible after disembarking from the yacht.
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