1. CONDITIONS OF PAYMENT
1.1 FLAMINGO YACHT CHARTERS LTD. will let the yacht and the charterer will hire the yacht for the period of the charter for an agreed charter fee. The charterer will be over 25 years of age. A deposit payment including any insurance will be paid to FLAMINGO YACHT CHARTERS LTD. on the charterer signing the agreement. The balance of the charter fee will be paid to FLAMINGO YACHT CHARTERS LTD. not less than 8 weeks before the start of the period of charter.
1.2 In the event of the charterer giving notice in writing of cancellation:-
a) If the notice in writing of cancellation is given at least 8 weeks in advance of the start of the period of charter, the advance payment shall be forfeit, but the charterer shall have no liability for the full balance of the charter fee.
b) If the notice in writing of cancellation is given less than 8 weeks in advance of the start of the period of charter the charterer will be liable for the full balance of the charter fee.
1.3 For bareboat charters a standard security deposit of £2,000 per yacht is payable prior to the charterer taking control of the yacht. This security deposit is increased to £2,500 for any charters leaving the Clyde area.
1.4 Skippered charters: For skippered charters, a standard security deposit of £1,500 is payable. Charterers are also required to provide/pay for all meals for the skipper whilst on charter and provide a cabin for the skipper.
2. DELIVERY OF THE YACHT
2.1 At the start of the period of charter the charterer will have the opportunity to inspect the yacht and complete and sign the yacht handover paperwork. Upon acceptance the yacht, the yacht shall be deemed to be in good order and fully in compliance with its description.
2.2 FLAMINGO YACHT CHARTERS LTD. reserves the right to accompany the charterer for trials prior to delivery and if not satisfied of the ability of the charterer and his crew to handle the yacht safely will terminate this agreement (in terms of section 2.3) or restrict the cruising limits or allow the charter to proceed as a skippered charter only.
2.3 FLAMINGO YACHT CHARTERS LTD. reserves the right to refuse to hand over the yacht to anyone who, in their opinion, is not suitable to take charge. No reason need be given. In this event all sums paid will be refunded with no claim against FLAMINGO YACHT CHARTERS LTD.
2.4 If the charterer does not accept the yacht by the appointed check-in time a late check-in fee of £120 per yacht is chargeable. If the charterer contacts FLAMINGO YACHT CHARTERS LTD. in advance of this time to advise of late arrival, this fee may be waived at the discretion of FLAMINGO YACHT CHARTERS LTD.
2.5 If the charterer shall, without good cause, fail to accept the yacht within 24 hours of the start of the period of charter and shall have failed to notify FLAMINGO YACHT CHARTERS LTD. of the intention to accept at a later date within the period of charter, FLAMINGO YACHT CHARTERS LTD. will then be at liberty to conclude the agreement as fulfilled without notice to the charterer. Such termination will be without prejudice to the right of FLAMINGO YACHT CHARTERS LTD. to recover any unpaid part of the charter fee and damages in respect of any other loss caused to FLAMINGO YACHT CHARTERS LTD. due to the failure of the charterer to accept the yacht on the due date.
3. OBLIGATIONS OF FLAMINGO YACHT CHARTER LTD.
3.1 FLAMINGO YACHT CHARTERS LTD. will deliver the yacht to the charterer at the start of the period of charter fully commissioned, in good condition and with all gear and equipment complying with DTI regulations in force at the time for the specified cruising limits of the yacht. FLAMINGO YACHT CHARTERS LTD. vessels will carry a full set of tools and spares necessary for foreseeable minor repairs. FLAMINGO YACHT CHARTERS LTD. does not warrant the fitness of the yacht in all conditions of weather for any particular cruise or passage within the cruising limits.
3.2 FLAMINGO YACHT CHARTERS LTD. will deliver the yacht to the charterers at the agreed time and place. If for any reason FLAMINGO YACHT CHARTERS LTD. are unable to deliver the yacht, a refund will be made to the charterer pro-rata for each complete 12 hour period of such delay. If such delay exceeds 48 hours, the charterer shall have the right to terminate the agreement and receive a return of both charter fee and advance payment without further liability of either party to pay compensation to the other.
4. INSURANCE AND DAMAGE
4.1 FLAMINGO YACHT CHARTERS LTD. will insure the yacht against all the usual marine risks with protection and indemnity insurance of at least £1,000,000 and subject to policy excess no greater than the amount of the security deposit. The yacht insurance does not cover personal effects of the charterer or any member of the charter party. The charterer will ensure they are covered by sufficient travel insurance for the duration of their charter which includes cover for any cancellation payment. Damage to a charter party member’s personal property during the charter will not be the responsibility of FLAMINGO YACHT CHARTERS LTD. Please ensure that you have adequate holiday insurance cover. If you are unsure or think that your current policy may not offer sufficient cover, we recommend that you talk to a qualified marine insurance company such as Topsail who offer a specialist yachtsman's travel policy.
4.2 Notwithstanding the provisions of 4.1 the charterer shall be liable for any damage or loss to the yacht, its equipment or furnishings occasioned by the charterer or any member of the charter party’s, own negligence or misuse and for costs for which Flamingo Yacht Charters Ltd. or the yacht's owner/s are liable to third parties as a result of any act or omission, direct or indirect, of the charterer or any member of the charter party.
4.3 If during the period of charterer is prevented from using the yacht through reason of breakdown of machinery or gear or by damage to the yacht which is not due wholly or in part to the charterer, his servants or agents or any member of the charter party’s negligence, act or omission then a pro-rata return of the charter fee shall be paid to the charterer for any period that the yacht is unfit for use. Engine breakdown is not considered to make the yacht unfit for use under the terms of this agreement.
4.4 If during the period of charter the yacht becomes a total loss. Whether actual or constructive, and provided such total loss is not due wholly or in part to any act of negligence, omission or misuse by the charterer, his servants or agents or any member of the charter party then a pro-rata of the unexpired portion of the charter fee shall be made to the charterer.
4.5 FLAMINGO YACHT CHARTERS LTD. shall have no liability for death or personal injury to the charterer, his servants or agents or any member of the charter party or any other person except where such death or injury is caused by the express act, default or negligence of FLAMINGO YACHT CHARTERS LTD.
4.6 Save as provided in clause 4.5 FLAMINGO YACHT CHARTERS LTD. shall have no liability for any loss or damage, however caused, arising out of this agreement or of the charterers use of the yacht.
5. OBLIGATIONS OF THE CHARTERER
5.1 The Charterer warrants that he and his crew are competent and medically fit to handle the yacht safely. Flamingo Yacht Charters reserves the right to request a doctor's note confirming medical fitness for those aged 70 or over. The charterer or one of his crew must hold a current VHF Radio Licence.
5.2 The charterer shall take over at current market prices at the start of the period of charter all consumable stores on board the yacht and the cost of those items not replaced by the charterer at the end of the period of charter shall be deducted from the Security Deposit.
5.3 The charterer shall pay for all running expenses during the period of charter including the cost of charts (other than those supplied) food, laundry charges, bills of health, harbour dues, port dues, fuel, gas, mooring charges, pilotage and all other provisions for himself or his party.
5.4 The charterer shall take good care of the yacht and all its gear and equipment during the period of charter.
5.5 In the event of any accident or damage to or failure of the yacht or the happening of any other event which might give rise to a claim under FLAMINGO YACHT CHARTERS LTD.’S insurance, the charterer shall report such occurrence to FLAMINGO YACHT CHARTERS LTD. forthwith and shall comply with any instructions given to him by FLAMINGO YACHT CHARTERS LTD. or the insurers. Where loss or damage is caused to the yacht, the charterer shall use his best endeavours to obtain the prior approval of FLAMINGO YACHT CHARTERS LTD. and will in any event obtain a written estimate for any work likely to cost more then £50.00 before putting any repairs in hand.
5.6 The charterer will not sub-let or part with control of the yacht without consent of FLAMINGO YACHT CHARTERS LTD.
5.7 The charterer will not use the yacht for any other purpose other than for private cruising for himself, his crew and his guests. He will not race the yacht except with the written approval of FLAMINGO YACHT CHARTERS LTD. and the organisation through FLAMINGO YACHT CHARTERS LTD. of appropriate additional insurance cover.
5.8 The charterer will limit the number of persons on board, whilst at sea, to not more than the number stated in the Code of Practice Compliance document, which is carried on board.
5.9 The charterer will not take the Yacht outside the cruising limits nor do any other act which might violate FLAMINGO YACHT CHARTERS LTD’S insurance or prejudice any right to claim there under. Racing is NOT permitted.
5.10 The charterer will assume full responsibility for the safe navigation of the yacht at all times during the period of charter including the security of the yacht and all equipment while in harbour, at anchor, or when otherwise left unattended.
5.11 The charterer will not allow any animals on board the yacht without the prior written permission of FLAMINGO YACHT CHARTERS LTD. and any damage caused by such animal will be the liability of the charterer.
5.12 The charterer will comply with all the rules and regulations of Customs, port, harbour or other authorities to which the yacht becomes subject.
5.13 Canal. Permission to go through any canal system must be sought at time of booking. If permission is granted, please note that by leaving the Clyde area, as stated in 1.3, a further £500 security deposit per yacht is required in addition to the standard security deposit of £2,000 per yacht. The yacht must be adequately fendered at all times when transiting the canal and due care and attention must be paid when negotiating the canal system.
Where the agreement is signed by an agent on behalf of FLAMINGO YACHT CHARTERS LTD. the agent acts in good faith but contracts as agent only and incurs no liability for any acts, matters or things done, omitted or suffered by either party.
7.1 In this agreement the singular will include the plural and the male the female. All disputes arising out of this agreement shall be determined by the laws of Scotland. For reference purposes all correspondence relating to any dispute will be lodged with the disputes committee of Association of Scottish Yacht Charterers.
7.2 In the event of any dispute between the parties arising out of this agreement it will be referred to the disputes committee of Association of Scottish Yacht Charterers and an arbitrator appointed whose decision will be binding on both parties.
8. SECURITY DEPOSIT
8.1 FLAMINGO YACHT CHARTERS LTD. may retain the Security Deposit in reduction or extinction of:-
a) any liability of the Charterer to FLAMINGO YACHT CHARTERS LTD. howsoever the same may arise: and/or (without limitation of the foregoing generality)
b) the cost of repairing any loss or damage to the yacht, her equipment, or furnishings which occurs during the period of charter and which is for any reason not recoverable under FLAMINGO YACHT CHARTER LTD.’S insurance howsoever the same shall occur – provided that such retention shall be without prejudice to the right of FLAMINGO YACHT CHARTERS LTD. to recover any unsatisfied balance of such liability or cost from the Charterer, for the avoidance of doubt, the Charterer's liability to FLAMINGO YACHT CHARTERS LTD. in terms of this agreement not being limited to the amount of the Security Deposit.
c) any liability of Flamingo Yacht Charters Ltd. or the yacht's owner/s to a third party in terms of clause 4.2 hereof.
8.2 Subject as aforesaid, the Security Deposit or any balance remaining shall be returned to the Charterer interest-free as soon as is reasonable in the circumstances after the redelivery of the yacht to FLAMINGO YACHT CHARTERS LTD. or the termination of the Agreement under clause 9 hereof or, in the event of dispute, upon the determination of such dispute.
9. TERMINATION OF AGREEMENT
If the charterer fails to comply with any provision of this agreement FLAMINGO YACHT CHARTERS LTD. may forthwith terminate the agreement and resume possession of the Yacht, but without prejudice to the right of FLAMINGO YACHT CHARTERS LTD. to recover damages in respect of any breach of the agreement by the charterer.
10. RE-DELIVERY OF THE YACHT.
The charterer will re-deliver the yacht to FLAMINGO YACHT CHARTERS LTD. free of indebtedness at the end of the period of charter in as good, clean and tidy condition as when delivered to the charterer (reasonable wear and tear excepted) and with her inventory complete, to her base or other convenient place to be notified to charterer. If the charterer shall fail to re-deliver the yacht at the time and place agreed, he shall be liable to pay to FLAMINGO YACHT CHARTERS LTD. a sum equal to twice the pro-rata daily charter fee for every day or part of day by which re-delivery is delayed. The charterer’s obligation under this agreement shall continue in force until eventual re-delivery. Failure to return the yacht in a clean and tidy condition will incur a charge by FLAMINGO YACHT CHARTERS LTD. dependent on time spent returning the yacht to a clean and tidy condition. Minimum cleaning fee charged will be £75 for any yacht of under 40 feet and £100 for any yacht of over 40 feet. If the toilet is left blocked there will be a charge of £60 in addition to any cleaning fee.
11. PAYMENT TERMS
In the event of any sum being due to Flamingo Yacht Charters Ltd. in terms of this agreement, the same shall be paid within 14 days of a written request for payment, together with interest at 5% over Bank of Scotland Base Rate from that date until paid.
The charter contract is subject to the Law of Scotland. Any unresolved disputes arising shall be determined by the Scottish courts. Neither the owner nor FLAMINGO YACHT CHARTERS LTD. may be pursued in any country other than Scotland.
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