Client Booking Form

1. CHARTER AND PAYMENT

1.1 The Operator shall let on skippered charter and the Charterer shall hire the Vessel for the Charter Period for the Charter Fee.

1.2 The deposit is paid to secure the Vessel for the Charter Period and shall be paid to the Operator on booking. On payment of the deposit, the Operator agrees not to enter into any other agreement for the charter of the Vessel for the same period. The Balance Payment and the Security Deposit shall be paid to the Operator no later than 4 weeks prior to the charter date.

2. SECURITY DEPOSIT

2.1 The Operator may retain and apply the Security Deposit in reduction or extinction of any liability of the Charterer to the Operator, save that no retention shall be made in respect of liability, loss or damage occasioned by the negligence of the skipper, and provided always that such retention shall be without prejudice to the right of the Operator to recover any unsatisfied balance of such liability from the Charterer.

2.2 Subject as aforesaid, the Security Deposit or any balance remaining shall be returned to the Charterer within 14 days after redelivery or, in the event of dispute, upon the determination of such dispute.

3. OPERATOR’S OBLIGATIONS

3.1 The Operator shall at the beginning of the Charter Period deliver the Vessel to the Charterer or his representative in good, seaworthy condition complying with the MCA’s Code of Practice for the Safety of Small Commercial Motor vessels

3.2 The Operator will use all reasonable endeavours to deliver the Vessel to the Charterer in the aforesaid condition at the agreed time and place but in default, whether as a result of a breach of 3.1 or otherwise, its liability shall be limited to a pro rata return of the Charter Fee for each period of 12 hours for which delivery is delayed. If such delay exceeds 25% of the Charter Period, the Charterer shall be at liberty to treat the Charter as cancelled. The Operator shall thereupon return all sums paid but shall have no further liability to the Charterer in respect of the curtailment or cancellation of the Charter

3.3 The Operator shall provide an experienced skipper suitably qualified by the Royal Yachting Association (RYA). The skipper shall have absolute authority in matters of navigation, seamanship and safety and shall be entitled to require the Charterer and all members of his party to comply with all reasonable orders where the Charterer or any member of his party might otherwise endanger the Vessel or any person on board, or vitiate the Vessel’s insurance, or prevent or be likely to prevent timely redelivery at the end of the Charter Period or otherwise be prejudicial to the Operator’s interests.

4. INSURANCE

4.1 The Vessel and her equipment shall be insured on the terms of the Institute Yacht Clauses, or on comparable terms, for her full value with third party liability cover of no less than £1,000,000 and subject to a policy deductible no greater than the Security Deposit.

4.2 The Charterer shall indemnify the Operator in respect of any loss of or damage to the Vessel or her equipment or any other expense or liability arising out of any act or omission of the Charterer or any members of his party which is not for any reason covered by the Vessel’s insurance.

4.3 The Operator and/or its skipper shall have no liability for death or personal injury suffered by the Charterer or any member of his party.

4.4 The Charterer and members of his party shall do nothing which may vitiate the Vessel’s insurance or prejudice the Operator’s right to claim thereunder.

4.5 In the event of major damage to the Vessel during the Charter Period involving a claim on the Vessel’s insurance or in the event of a breakdown of gear or machinery rendering the Vessel unseaworthy and/or unusable, a pro-rata credit will be made for the period during which the Vessel was unseaworthy or unusable provided that neither the Charterer nor any member of his party caused or contributed to the damage or breakdown and provided also that the Operator shall not be liable to the Charterer for any other compensation in respect of damage or breakdown whether in respect of consequential or financial loss or otherwise, unless damage or breakdown is caused by the negligence or wilful default of the Operator and results in death or personal injury.

5. CHARTERERS’ OBLIGATIONS

5.1 If the Charterer fails to accept delivery of the Vessel within 24 hours of the start of the Charter Period and has not by then notified the Operator of his intention to accept delivery later during the Charter Period, the Operator may treat this Agreement as terminated without prejudice to its rights to recover any unpaid portion of the Charter Fee.

5.2 The Charterer warrants that he and all members of his party have the experience and competence stated in the Operator’s Booking Request Form. Further, the Charterer warrants the medical fitness of himself and all members of his party for the passages and other activities envisaged hereunder.

5.3 The Charterer and all members of his party shall give the skipper such assistance as shall reasonably be required in handling the Vessel and shall comply promptly with the skipper’s instructions.

5.4 The Charterer shall pay for all running expenses and provisions for the skipper and crew member during the Charter Period and, to the extent that on redelivery any consumables have not been restored to their handover levels, the Charterer shall be liable to the Operator for the cost thereof.

5.5 The Charterer shall neither use the Vessel for any purpose other than private pleasure cruising for himself and his party

5.6 The Charterer shall limit the number of persons in his party to not more than the number of berths on the Vessel, except by prior agreement with the Operator, such agreement to be contingent on the Charterer’s party not exceeding the number of places on the Vessel licensed by the appropriate authority.

5.7 The Charterer and all members of his party shall take all reasonable care of the Vessel and its equipment.

5.8 The Charterer shall observe all applicable rules, regulations, and laws whether of customs, harbour or other authorities or otherwise.

5.9 The Charterer shall not allow any animals on board the Vessel without the written consent of the Operator.

5.10 The Charterer shall do nothing to interfere with the redelivery of the Vessel to the Operator at the Port of Redelivery or at such other place as may be agreed between the parties at the end of the Charter Period cleaned, in the same condition as on delivery (fair wear and tear excepted) and with her inventory complete. If the Charterer interferes with the redelivery of the Vessel as aforesaid, he shall be liable for a sum not exceeding twice the pro rata Charter Fee for every day or part thereof by which redelivery is delayed unless such delay is caused by the operation of an insured peril or other circumstances beyond the Charterer’s control.

6. NOTICE OF WITHDRAWAL

6.1 Where the Charterer is not a Consumer, should the Charterer give notice of cancellation of this Agreement on or at any time before the commencement of the Charter Period the Charterer shall remain liable for all payments due to the Operator prior to and unpaid at the date of cancellation. Should notice of cancellation be given by the Charterer or should the Charterer fail after having been given notice to pay any amount due under this Agreement, the Operator shall be entitled to treat this Agreement as having been repudiated by the Charterer and to retain the full amount of all payments.

6.2 Where the Charterer is a Consumer:

6.2.1 Should the Charterer gives written notice to the Operator more than ten weeks before the start of the Charter Period of its withdrawal from the Charter, no liability for any outstanding portion of the Charter Fee will remain (and if it and/or the Security Deposit have already been paid, it and/or they shall be refunded) but the Advance Payment shall be forfeit save that half the Advance Payment will be refunded if the Operator re-charters the Vessel for the Charter Period for no less than the Charter Fee. The Operator shall use all reasonable endeavours to re-charter the Vessel in such circumstances.

6.2.2 Should the Charterer give written notice to the Operator within ten weeks of the start of the Charter Period of its withdrawal from the Charter, the Charterer shall remain liable for all payments due to the Operator prior to and unpaid at the date of the cancellation, save for in the circumstances envisaged in Clause 6.3.

6.2.3 If prior to the commencement of the Charter Period the Operator gives notice to the Charterer of cancellation, the Charterer shall be entitled to repayment without interest of all sums paid by him to the Operator

6.3 Notwithstanding the Operator’s right to receive or retain all payments referred to in Clauses 6.1 and 6.2.2 above, the Operator shall be under a duty to mitigate his loss and in the event that the Operator is able to re-charter the Vessel for all or part of the Charter Period, the Operator will give credit for the net amount of charter hire arising from the re-charter after deduction of all commissions and other consequential expenses arising from such re-charter. The intention is that the Operator shall receive the same in net proceeds from any re-charter as would have been received under this Agreement. The Operator shall use all reasonable endeavours to re-charter the Vessel and shall not unreasonably withhold his agreement to re-charter, although charters which may reasonably be considered detrimental to the Vessel, its reputation, or its schedule may be refused.

6.4 If prior to the date of cancellation the Vessel has taken on provisions for the Charter, then the Charterer shall reimburse these expenses unless all or part can either be refunded by the supplier or transferred to the next charter, in which case such expenses shall be adjusted accordingly. The Operator shall be under a duty to mitigate these expenses where possible.

7. GENERAL

7.1 References herein to a “Consumer” means any Charterer who is a natural person and is acting for purposes which are outside his trade, business or profession.

7.2 The Operator shall have the right to restrict the Cruising Limits in the light of actual or anticipated weather conditions, or the experience and ability of the Charterer and his party.

7.3 In making the payment for the charter you accept the terms of the conditions laid out in this agreement

THE PARTIES ACKNOWLEDGE that they have read and understood the terms and conditions above and have caused this Agreement to be duly executed the day and year first above written.