Sail First

Charter Booking / Enquiry Form

Type/Size of Yacht:
Event:
Charter Period - from 6pm on:
Charter Period - to 4pm on:
Location required:
Charterer's Name:
Address:
Postcode:
Contact Phone Number:
E-mail:
Date of Birth (if under 18):
Nationality (if not British):
Passport Number:
Occupation:
Skippers name (if different from above):
Skippers sailing experience/qualifications:
First Mates Name:
First Mates sailing experience/qualifications:
Person(s) to contact in an emergency:
EXTRAS:	Do you require any of the following?
Oil Skins :	No. XL L M S
Spinnaker	yes/no
Skipper	yes/no
PAYMENT DETAILS:
Personal Insurance costs:	please ask for a quote
Agreed Charter fee:	£
Skipper/Extras:	£
Insurance:	£
Total Charter fee:	£
25% payable on booking:	£
Balance due 30 days before charter:	£
A security deposit of £1000.00 for bareboat or skippered charters is required and £2000.00 for racing charters is due prior to the charter
Payment may be made by cheque

Terms and Condiditons: YACHT “WATER VENTURE” AGREEMENT FOR THE BAREBOAT CHARTER OF A PLEASURE CRAFT AN AGREEMENT made the day of 2006 BETWEEN: ABSEA VENTURES LTD of 42 Cirrus Gardens, Hamble, Hampshire SO31 4RH (“the Owners”) and (“the Hirer”) In respect of the charter of the REGISTERED PLEASURE CRAFT Name:- WATER VENTURE o/n Description:- Beneteau First 44.7 including all equipment machinery and gear on board (“the Yacht”) and any specific inventory attached hereto initialled by both parties and forming part of this agreement. DEFINITIONS “Charter Periods” : from hours on 2006 to hours on 2006 “Cruising Limits” : the area bounded by Brest/Elbe limits “Charter Fee” : the sum of £ “Advance Payment” : the sum of £ “Balance of Charter Fee” : the sum of £ “Security Deposit” : the sum of £ “Owner” and “Hirer” : shall include the persons named above and their respective successors in title. WHEREBY IT IS AGREED AS FOLLOWS: 1. CHARTER AND ADVANCE PAYMENT Agreement The Owner shall let and the Hirer shall charter the Yacht for the Charter to let Period for the Charter Fee. The Advance Payment shall be paid to the Owner on the signing of this agreement. The Balance of the Charter Fee, and the Security Deposit, shall be paid to the Owner not later than 30 days before the start of the Charter Period. 2. SECURITY DEPOSIT The Hirer shall pay the Security Deposit to the Owner 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 Hirer under [Clause 5.3] and against any loss or damage suffered by the Owner due to any breach of this agreement by the Hirer but without prejudice to any claim over and above the Security Deposit which the Owner may have. The Security Deposit or any balance remaining shall be returned to the Hirer within 14 days after re-delivery of the Yacht to the Owner or, in the case of dispute, upon the determination of that dispute. 3. DELIVERY OF YACHT 3.1 Before the start of the Charter Period the Hirer shall have the opportunity to inspect the Yacht in company with the Owner or his agent for the purpose of ensuring that the Yacht and its equipment are in proper working order and further shall have the right to insist on a trial of at least one hour's duration. Acceptance of the Yacht shall imply (prima facie) that the Yacht is in good order. Hirer's Likewise the Owner shall have the right to insist that the Hirer and at least Competence one member of his party accompany the Owner for trials to establish to the satisfaction of the Owner their ability to handle the Yacht unattended in the Cruising Limits. 3.2 If the Hirer shall fail to accept delivery of the Yacht within 48 hours from the start of the Charter Period and shall not have notified the OWNER of his intention to accept delivery later during the Charter Period, then the OWNER shall be at liberty to treat this agreement as determined. The OWNER's rights upon termination shall be set out in Clause 7.1. The Hirer shall, however, be given credit for any sum recovered by the OWNER if the Yacht/s are re-let in accordance with the conditions set out in Clause 7.3. 4. OBLIGATIONS OF THE OWNER The OWNER hereby UNDERTAKES follows : 4.1 To use their best endeavours to hand over the Yacht to the Hirer at the start of the Charter Period in good condition and with all the necessary gear and equipment, including any items specified in the inventory. The OWNER does not warrant the fitness of the Yacht for any particular purpose within the Cruising Limits. 4.2 To use their best endeavours to deliver the Yacht to the Hirer at the agreed time and place. 5. OBLIGATIONS OF THE HIRER 5.1 To return the yacht to the OWNER at the agreed time and place. 5.2 To pay for all running expenses during the Charter Period including the cost of Charts (if not supplied). 5.3 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 gear equipment or furnishings belonging to the Yacht caused during the Charter Period which is not recoverable under the Insurance effected by the OWNER as well as any loss or damage arising after the Charter Period but attributed to any act or default of the Hirer or any member of his party. 5.4 To report to the OWNER (and, where applicable to the insurers) as soon as possible any event likely to give rise to a claim under the insurance and any other accident, damage or failure of or to the Yacht and to comply with any reasonable instructions given to him by the OWNER or the insurers. The Hirer shall use his best endeavours to obtain the approval of the OWNER, and shall obtain a written estimate for any work likely to cost over £50, before putting any repairs to hand. 5.5 Not to lend, sub-let or otherwise part with control of the Yacht. 5.6 Not to take the Yacht outside the Cruising Limits. 5.7 Not knowingly or recklessly to permit to be done or to do or fail to do any act which may render void the OWNER policy of insurance or result in the forfeiture of the Yacht. 5.8 If the insurance policy of the Yacht shall be rendered void or the policy monies withheld in whole or in part by reason of any act or default of the Hirer or any member of his party, the Hirer hereby agrees to indemnify the OWNER against any loss consequent upon such act or default. 5.9 To be fully responsible for the safety and security of the Yacht at all times during the Charter Period. Unless the Yacht is moored or anchored in a harbour, marina or similar location, he further undertakes that the Yacht shall at no time be left unattended and at least one member of the party shall remain on board each yacht in such circumstances. 5.10 To observe all regulations of Customs, Port, Harbour or other Authorities to which the Yacht becomes subject. 5.11 At no time during the Charter Period to allow any animals on board the Yacht. 6. INSURANCE AND LIABILITIES 6.1 The OWNER shall insure the Yacht for full market value against fire and all the usual marine and collision risks with protection and indemnity cover of at least £1m (but not so as to cover the first £500 of any claim, or damage to sails unless caused by a dismasting or collision). The OWNER will provide for the Hirer on request a copy of the policy or certificate and shall ensure that the Hirer is covered under the policy or certificate. 6.2 The OWNER shall not be liable for any personal injury, or any loss of, or damage to, the personal property of the Hirer or any other member of his party, or any other person invited aboard the Yacht by the Hirer during the Charter Period. 6.3 Should major damage occur to the Yacht during the Charter Period so as to involve a claim on the policy of insurance as described in Clause 6.1 or should a major breakdown of the gear or machinery occur of a nature to make the Yacht unseaworthy, a pro-rata refund will be made for the period during which the Yacht was unseaworthy, PROVIDED ALWAYS that neither the Hirer nor any member of his party caused or contributed to the damage or breakdown. 6.4 Notwithstanding anything in this agreement the Hirer shall not be entitled to claim from the OWNER any other compensation in respect of damage or breakdown or of any consequential loss however caused. 6.5 If the Yacht shall become an actual or constructive total loss during the Charter Period then provided that the insurance of the Yacht has not been rendered void or the policy monies withheld in whole or in part by reason of any act or default of the Hirer or any member of his party this agreement shall terminate and the Security Deposit and the pro-rata proportion of the Charter Fee shall be repaid to the Hirer. 7. TERMINATION OF AGREEMENT 7.1 If any payment due under this agreement is not made on or by the appointed day, or if the Hirer fails to comply with any other provision in this agreement, the OWNER may forthwith terminate this agreement and resume possession of the Yacht, but without prejudice to the right of the OWNER to recover any unpaid part of the Charter Fee and damages in respect of any breach of this agreement by the Hirer. 7.2 If the Hirer gives written notice to the OWNER more than two calendar months before the start of the Charter Period that the Yacht will not be required, no liability for the Balance of the Charter Fee will remain (and if it and/or the Security Deposit have already been paid then it and/or they shall be refunded by the OWNER to the Hirer), but the Charter Fee Deposit shall be forfeit except that 50% will be refunded if the OWNER re-lets the Yacht for the Charter Period at the same or greater charter fee. In such circumstances the OWNER agrees to use their best endeavours to re-let the Yacht. 7.3 If the Hirer gives notice to the OWNER within two calendar months before the start of the Charter Period that the Yacht will not be required, then the OWNER will use their best endeavours to re-let the Yacht and the following provisions shall apply : 7.3.1 If the OWNER is unable to re-let the Yacht then the Hirer remains fully liable for all payments due under this agreement; 7.3.2 If the OWNER is able to do so at the same or a greater charter fee, then the Hirer's liability shall be limited to 50% of the Advance Payment; 7.3.3 If the OWNER is only able to do so at less than the Charter Fee, then the Hirer will be liable for the difference between the net sum which the OWNER receives and the payments due under this agreement. 8. RE-DELIVERY OF THE YACHT • The Hirer will re-deliver the yacht to the OWNER free of indebtedness at the end of the Charter Period in as good, clean and tidy condition as when delivered to the Hirer (fair wear and tear excepted), at the Yacht's base (Hamble Yacht Services, Hamble, Hampshire or other place to be agreed between the parties. 8.2 If the Hirer shall fail to re-deliver the Yacht at the time and place agreed, he shall be liable to pay to the OWNER the sum of £[600.00] for every day or part of the day by which re-delivery is delayed unless the delay is caused by the operation of a peril covered by the terms of the policy or certificate of insurance referred to in Clause 6.1 hereof or by such damage to, or failure of, the Yacht as may have to be reported to the OWNER under Clause 5.4. 9. SETTLEMENT OF DISPUTES In the event of any dispute arising out of this agreement such shall be referred to a sole arbitrator whose decision shall be final. If the parties are unable to agree on the nomination of an arbitrator then he shall be nominated by the Commodore of the Ocean Racing Club. 10. LAW This agreement shall be governed by English Law. I have read and agreed with the terms and conditions

Sail First, 42 Cirrus Gardens, Hamble SO31 4RH
Tel: +44 (0)2380 458421 Fax: +44 (0)2380 458421 Email: info@sailfirst.co.uk

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