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The Terms & Conditions

PROVISIONS

 

The Charter Period shall be the period agreed or any extended period for which the Charterer may be liable by the provisions of this Agreement.

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For the provisions of this Agreement, it is understood that the term “the Charterer” will also cover the situation where the Charterer’s Representative is acting as Agent on behalf of the Charterer(s) . As an example, the Charterer could be a Club Representative, an Agency Representative acting on behalf of The Charterer of the yacht being charterer, or a Commercial Skipper appointed by the Charterer or by SeaSpray.  In this case the Charterer and The Skipper will be named in the Contract and The Skipper will take overall responsibility for the Charter of The Yacht.

 

CHARTER FEES. PAYMENTS TO  SeaSpray & THE OWNER.

As Agents for the Owner,  Sea Spray Yacht Charters Ltd will arrange Charter Fees and Security Deposit. payments of the Charter fees will be made in either two or three instalments. As follows:

A non-refundable deposit Booking Fee will be paid by the Charterer to SeaSpray at the time of booking, in the amount shown on The Agreement.  The booking is not confirmed until the booking form is returned completed and signed by the Charterer; and the booking deposit has been paid.
 
The second payment of the Charter Fee will be paid by the Charterer to The Owner, not less than 42 Days before the start of the Charter Period in the amount shown on The Agreement. The Charterer will email the Owner & SeaSpray when he has paid the second payment using the Owner’s Email address and admin@seasprayscotland.com  for SeaSpray.

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The third and final payment of the balance of payment of the Charter Fee will be paid by the Charterer to  SeaSpray not less than one week prior the start of the Charter Period in the amount shown on The Agreement.
 
Security Deposit will be paid by the Charterer to Sea Spray Yacht Charters Ltd on behalf of the Owner, not less than one week prior the start of the Charter Period in the amount shown on The Agreement.

 

The Charterer will email SeaSpray when he has paid the second payment using admin@seasprayscotlandy.com.

 

The Owner and the Charterer agree to the Agreement for the Charter of The Yacht in accordance with the Terms & Conditions of this Agreement in WITNESS whereof the Owner, Charterer and SeaSpray have affixed their signatures.

 

 

1.  SECURITY DEPOSIT.

 

 

It is only fair that we explain why we take a Security Deposit and what it may be used for. It is integral to us being able to provide bareboat charter yachts to you the client. Over recent years, insurance claims have risen sharply for bareboat charters around Scotland consequently premiums and excess fees have risen and in some cases insurance has been declined on boats. There has also been an increase in the, thankfully few, charterers that have failed to report incidents, some that have caused significant damage, resulting in boats missing their next charter, as a result of requiring slipping and survey prior to be allowed out on charter again.

 

 The security deposit will be used by SeaSpray on behalf of the Owner for losses and damages associated with the charter. The security deposit is detailed on the agreement and will vary with the skipper’s qualifications, annual sea miles undertaken, duration of charter and time of year.

 

 

The Security Deposit will be held in a Secure Account or Secure Credit Card Account. The Security Deposit will be paid by the Charterer, not less than one week prior the start of the Charter Period in the amount shown on The Agreement. The Security Deposit will be banked and held as security towards, but not necessarily in full satisfaction, of the yacht being returned in clean and undamaged condition,

 

Deductions for damage attributable to The Charterer & Crew. Any losses, damages, breakages, fees to recover the boat to her home base, slipping and survey fees, outstanding harbour dues, cleaning and fuelling fees and other outstanding miscellaneous charges, including loss of subsequent charters, relating to the charter (this list is not exhaustive, but gives examples) will be deducted by invoice from the Security Deposit when the Charterer & Crew is found to have caused damage to the yacht.

 

The Security Deposit or any balance remaining shall be returned to the Charterer within 21 days of the return of the yacht to the Owner, or in the event of a dispute, the balance due will be repaid upon determination of that dispute.

 

It should be noted that any acts of negligence or failure to observe the sailing directions or weather restrictions set out in the agreement by the skipper, charterer or crew that result in damages, losses or other expenses will be charged in full and NOT limited to the Security Deposit. It should be appreciated that the charterer is being entrusted with an expensive yacht and there is a need to take care of her as if she was their own yacht.

 

 

2.  OBLIGATIONS OF THE OWNER.

 

2.1       The Owner will endeavour to make the yacht available at the agreed time and place at the start of the Charter Period.  If for any reason the yacht is not available, the Charterer will be entitled to a pro rata refund of Charter Fees for each complete 12-hour delay.  If the delay exceeds 48 hours either party may elect to cancel the Charter and the Charter Fee, and the Security Deposit will be refunded in full.  The Owner accepts no further liability for any loss or expense incurred by the Charterer and his party due to such delay or cancellation.

 

2.2       If for any reason the Owner withdraws or fails to provide the yacht after signing this agreement but before the start of the Charter Period the full Charter Fee and Security Deposit will be refunded to the Charterer.  will make every effort to provide an alternative acceptable yacht and the Owner agrees to contribute if necessary to a maximum of 10% of the original Charter Fee to any higher Charter Fee charged in such circumstances, but neither the Owner nor SeaSpray accept any further liability to compensate the Charterer.

 

2.3       If at the start of the Charter Period the yacht is available at a port other than the agreed port (except by mutual arrangement) the Owner shall reimburse the cost of reasonable travelling expenses of the Charterer and his party to enable them to start the Charter from the other port, up to a maximum amount equivalent to one day’s charter.

 

2.4       The Owner has the right to withhold the yacht from any Charterer and crew he considers unsuitable to be in charge of the yacht.  The Owner will normally require that the Charterer and one member of the crew accompany him for sea trials to establish to his satisfaction their ability to handle the yacht correctly and safely.  The Charterer must have attained the age of twenty-five unless otherwise agreed.

 

2.5       Before the start of the Charter Period the Charterer will have the opportunity to inspect the yacht.  In accepting the yacht, the Charterer implies his agreement that the yacht is seaworthy and in good order and that he understands the correct use of the yacht and its gear and equipment.  Any minor deficiencies should be noted on the inventory and initialled by both parties.

 

2.6 a.   By accepting the Yacht, the Charterer is accepting responsibility for the Yacht. The Charterer is expected to do daily routine checks that are expected from any crew and will always, without exception include, checking fuel, engine oil and engine coolant levels each morning before sailing. Failure to do so can lead to engine problems, and damage to the charter vessel. If not carried out the Charterer could be considered negligent. Additionally, where the vessel has a heating system that has a top up tank, the Charterer will include checking the fluid levels in this top up tank.

 

2.6 b.   If the Charterer refuses to accept the yacht on the grounds that he does not agree that it is seaworthy or in a fit state for charter and if the cause of his refusal to accept the yacht cannot be rectified within 48 hours of the start of the Charter Period the Charterer may elect to cancel the Charter.  .  In the event of a dispute the definition of seaworthy and whether the yacht is fit for charter will be decided by ASYC (Association of Scottish Yacht Charterers) who will also advise whether or not all or part of the Charter Fee shall be repaid to the Charterer.  As a guiding principle, minor items of equipment which are not working correctly but which do not materially affect the safe handling and navigation of the yacht will not constitute sufficient reason to cancel the Charter.

 

2.7       If the Charterer refuses to accept the yacht on the grounds that he does not agree that it is seaworthy or in a fit state for charter and if the cause of his refusal to accept the yacht cannot be rectified within 48 hours of the start of the Charter Period the Charterer may elect to cancel the Charter.  In the event of a dispute the definition of seaworthy and whether the yacht is fit for charter will be decided by 923 who will also advise whether or not all or part of the Charter Fee shall be repaid to the Charterer.  As a guiding principle, minor items of equipment which are not working correctly but which do not materially affect the safe handling and navigation of the yacht will not constitute sufficient reason to cancel the Charter.

 

2.8       If the Charterer shall fail without good cause to accept the yacht within 24 hours of the start of the Charter Period and shall not have notified the Owner of his intention to accept the yacht later during the Charter Period the Owner may elect to cancel the Charter.  Charter Fees shall only be returned in respect of any period for which the owner is able to re-let the yacht subject to the deduction of all reasonable expenses incurred by the owner in connection with this agreement and re-letting of the yacht.

 

 

 

3.0 CANCELLATION

 

3.1       If the Charterer cancels the Charter more than six weeks before the start of the Charter Period he/she will not be liable for the balance of the Charter Fee but will forfeit the Booking Fee.

 

3.2    If the Charterer cancels the Charter within six weeks of the start of the Charter Period he/she is responsible for paying the full Charter Fee. 

Cancellation insurance is strongly advised.

 

4.0 THE OWNER AGREES

 

 

 

 

 

 

5.0 THE CHARTERER AGREES

 

That they should satisfy themselves that they and those they intend to sail on the yacht during their charter (the "charter party") are all reasonably fit and likely to be able to cope with the physical and mental demands of being on a small yacht at sea.

When requested, the Charterer and Skipper will provide details of yachts sailed, areas sailed, recent nms sailed, and total nms sailed The Charterer warrants the truth, accuracy, and provision in good faith of all information provided or to be provided by them to the Owner and/or SeaSpray including in respect of their sailing qualifications and experience.

 

The yachts are provided with full safety gear as specified by the MCA, including life raft, flares, harness lines and adult-sized lifejackets. Should however the charter party include children for whom adult-sized lifejackets would be too large, then it will be the charterer’s responsibility to ensure that those children are each provided with - and required to wear at all times when on the yacht - suitably sized lifejackets or buoyancy aids.

 

The charterer and all members of the charter party are deemed to understand and accept that sailing can be dangerous and has certain inherent risks, including the risk of injury or death. The yachts are fully insured against accidents and carry third party liability insurance, but responsibility is not accepted for any personal accidents, damage or losses that are due to the negligence of members of the charter party.

 

 The Charterers and all members of the charter party are deemed to understand and accept that they are expected to carry out standard routine checks on the chartered vessel during the charter. This includes engine checks of oil & fuel levels each morning before sailing. Overlooking these checks could have severe consequences and could be considered negligent. Additionally, w

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6.6       The Charterer understands that the Yacht is fully insured against accidents and carries third party liability insurance, but that (to the fullest extent permitted by law) responsibility is not accepted by the Owner or his insurers for personal accidents, damage or losses arising in whole or part from the negligence of the Charterer or members of his charter party.

 

 

           

7.0 RETURN OF THE YACHT

 

 

7.1       The Charterer will re-deliver the yacht to the Owner at the end of the Charter Period as clean as possible with all gear secure and stowed to the standard he would expect on taking the yacht over.  If the yacht is left in a dirty condition requiring more than one hour’s cleaning by the Owner, the Owner may deduct up to £100 from the Security Deposit to cover additional cleaning. If the toilet is left blocked there will be an additional charge of £200 in addition to any cleaning fee , particularly if this has not been advised in advance.

 

 

7.2       If the yacht is not returned by the agreed time, when the Charterer and his party should be packed and ready to leave the yacht, the owner will have the right to charge for excess charter time at twice the daily charter rate for each day or part of a day by which the yacht is overdue. (Noon = ½ day, 1600hrs = full day).    The Owner may waive all or part of this penalty for late return, but only in circumstances of real hazard.  The Charterer's obligations under this agreement will continue in force until the eventual re-delivery of the yacht.

 

7.3       If at the end of the Charter Period the yacht has been left at a port other than the agreed port (except by agreement) the Charterer will be liable to pay for excess charter at twice the daily rate until such time as the yacht is either, taken over by another Charterer, or arrives back at the agreed port in charge of the Owner or a delivery crew arranged to collect and return the yacht.

 

 

8.0 SeaSpray AGREES :

 

8.1       In acting as agent for the owner, to use its best endeavours to affect a mutually satisfactory relationship between the owner and the charterer, but it will not be held liable for the consequences of the failure of either party to comply with the terms of this agreement.

 

8.2       To safeguard the Owner's interests by careful and thorough vetting of the Charterer's yacht handling and navigational experience, and that of his crew, as well as verifying the Charterer's identity. (The Charterer and Skipper will provide qualifications, details of yachts sailed, areas sailed, recent nms sailed, and total nms sailed.)

 

8.3       To arrange payment of the 2nd payment from the Charterer to the Owner for the agreed Owners Charter Fees and arrange for the Client to pay these Fees, less any agreed commission to the Owner.  The payment of the Charter Fee will be made by the Client 28 days before the charter commences, unless a stay of payment is requested by the Charterer to SeaSpray by telephone or telegram before this time if the yacht is not available, or that the Charterer judges it to be unseaworthy or not in a fit state to charter, when SeaSpray will adjudicate as in clause 8.5 below.

 

8,4       To receive and to hold as trustees, subject to this agreement, the Security Deposit to cover repair of damage for the Yachts, repair or replacement of equipment, the loss of items, un-replenished stores, fuel, or other costs.  This Deposit, less any deductions will be returned to the Charterer within 21 days (or earlier if practicable), unless costs are in dispute and/or the Owner is not able to inspect the yacht within this time.

 

8.5       To assist in resolving any dispute which may arise between the Owner and the Charterer, both parties agreeing to be guided by  SeaSpray view of fair apportionment of liability or blame, each contributing to SeaSpray reasonable costs of arranging or attempting to resolve the dispute between the parties, including travelling expenses.

 

8.6      For the avoidance of doubt, and other than as amended by 8.7 below:

 SeaSpray is not making a supply of goods or services under this Agreement – the supply of the Yacht for charter is made by the Owner.

To the fullest extent permitted by law, SeaSpray shall have no liability for claims arising under this charter contract, whether or not arising through a breach of the terms of the contract by either the Owner or the Charterer.  The Owner and the Charterer must make any such claim solely against each other.

 

8.7    The Booking Agent for the yachts "Midnight Mirage",“Havana”,“Deja Vue", "Moonsong", "Boarding Pass", "Rona", and “Flamingo” is Sea Spray Yacht Charters Ltd. All of these Terms & Conditions  apply to the Booking Agent, The Owners of these yachts, & the Charterer.

The Booking Agent for the yachts "Frolika", Morpheus", "Glenmaginn",  "Kadore", “Phoenix” and “GKT”  is SeaCrest Sailing Ltd  trading as SeaSpray Yacht Charter Ltd. All of these Terms & Conditions  apply to the Booking Agent, The Owners of these yachts, & the Charterer.

 

 

 

9.0 FORCE MAJEURE

 

No liability shall accrue to either party if the other is precluded from fulfilling any or all of the obligations of this agreement by act of God, or Government, or Authority, inevitable accident or such thing or act which is totally outside the control or influence of the parties hereto.

 

 

10. 0 LAW

 

This agreement shall be construed in accordance with the

Law of Scotland.

 

THE END