Call us: +44 74 2717 0996
Call us: +44 74 2717 0996
TERMS AND CONDITIONS CHARTER SERVICE
TERMS AND CONDITIONS CHARTER SERVICE
DEFINITIONS
COMPANY - The owner of the boats - Bridge Global Trade and Development Ltd (Company number 11375339).
CHARTERER - A person or company who books a charter of a yacht or a place on the crew for a specific sailing event.
FORCE MAJEURE In this TERMS & CONDITIONS ‘force majeure’ means any cause directly attributable to acts, events, non-happenings, omissions, accidents or Acts of God beyond the reasonable control of the COMPANY or the CHARTERER (including, but not limited to, last minute regatta cancellation, strikes, lock-outs or other labour disputes, civil commotion, riots, blockade, invasion, war, fire, explosion, sabotage, storm, epidemic, collision, fog, governmental act or regulation).
1. Booking and payment
1.1 To confirm a reservation, an advance payment of 50% of the order value or, in some cases, a certain amount must be made immediately.
1.2 The Balance Payment should be paid to Bridge Global Trade and Development Ltd (COMPANY) no later than 6 weeks prior to the commencement of the charter service.
1.3 Payment can be accepted by cash, credit card (2% surcharge), debit card or bank transfer.
COMPANY bank account details are:
2. Booking Procedure
To make a booking CHARTERER can contact the COMPANY in several ways; directly over the telephone or via www.bridgesailing.co.uk website. The person making the booking must be 18 years old or over and possess the legal capacity and authority to make the booking and accepts these booking conditions on behalf of everyone in the party.
a) The full charter of the boat
• 50% Deposit / Specific amount deposit, in some cases, is due immediately to confirm the booking (full payment if booking made within 6 weeks of charter start date)
• Completed Booking Form, including Sailing Experience evidence – Skipper & 1st Mate copies for any sailing certificates held.
• Complete Charter Agreement.
• On receipt of the completed Charter Agreement, Booking Form and Sailing Experience documents and deposit COMPANY will send CHARTERER confirmation of the charter in writing.
• No agreement shall exist between COMAPANY and the CHARTERER until acceptance of this charter booking by Bridge Global Trade and Development Ltd.
b) Booking of individual place in the crew
• 50% Deposit / Specific amount deposit, in some cases, is due immediately to confirm the booking (full payment if booking made within 6 weeks of charter start date)
• Completed Booking Form online for specific event.
• On receipt of the completed Booking Form and deposit/payment COMPANY will send CHARTERER confirmation of the booking in writing.
• No agreement shall exist between COMAPANY and the CHARTERER until acceptance of this charter booking by Bridge Global Trade and Development Ltd.
Before departure, we require:
• Final balance for which COMPANY will send CHARTERER a final invoice. (6 weeks before charter)
• Crew details of all onboard (ID copies of passport OR driving licence of skipper & 1st Mate required)
• Security Deposit payment, if needed (2 days before charter).
3. Security Deposit
3.1 In case of Day Sailing trips with COMANY's skipper or Skippered Charter, except races, the Security deposit is £0.
3.2 In case of Skippered charter for races or Bareboat charter, the CHARTERER shall pay the Refundable Security Deposit by bank transfer or credit card no less than 2 days before the start of the Charter Period to the COMPANY.
Security Deposit - Racing and Non-Racing Charters - £3000 (non-racing), £3,500 (racing) or £4,000 (charters with a history of prior damages) per incident. If during the bareboat charter CHARTERER is involved in one or more separate incidents, CHARTERER will be required to pay a second security deposit before the charter can continue. Subsequent incidents will be subject to a charge being made against the second security deposit.
CHARTERER will not be able to apply or deduct any portion of the security deposit from the deposit and/or final balance payable for the arrangements. On return of the yacht to the COMPANY and following inspection of the yacht by the COMPANY in accordance with the provisions set out in the section headed ‘Acceptance and Return of Yacht by You’, in the event that the COMPANY is satisfied that there is no apparent damage to the yacht on its return from CHARTERER, the COMPANY shall, where applicable, refund the relevant security deposit or excess paid by CHARTERER to CHARTERER as soon as reasonably possible.
In the event that it is agreed between the COMPANT and CHARTERER that damage was caused to the yacht and/or its contents during the period of the arrangements, CHARTERER will be liable to the COMPANY for all losses and damages incurred by the COMPANT as a result and the COMPANY reserves the right to retain, where applicable, part or all of the relevant security deposit paid by CHARTERER. The COMPANY may use all or part of the security deposit paid by CHARTERER to repair any damage caused to the yacht or its contents during the period of the arrangements, including without limitation the costs involved in lifting the yacht for a full inspection to assess the damage to the yacht. The security deposit will not in any way limit or prejudice any claim which the COMPANY may have over and above the sum of the security deposit paid by CHARTERER and CHARTERER will remain liable to the COMPANY for the balance of any such losses or damages incurred by the COMPANY over and above the sum of the security deposit paid by CHARTERER. In the event that the losses or damages suffered by the COMPANT as a result of any breach by CHARTERER of these booking conditions and any damage caused to the yacht or its contents during the period of the arrangements is less than the relevant security deposit paid by CHARTERER, the COMPANY shall refund the relevant security deposit paid by CHARTERER to CHARTERER as soon as reasonably possible after the claim has been settled.
3.3 CHARTERER will be liable to the COMPANY for all damages and losses suffered by the COMPANY as a result of the COMPANY’s insurer refusing cover due to CHARTERER negligence, deliberate default or wilful misconduct.
3.4 In the event of any disagreement over damage or loss, the COMPANY shall retain the relevant security deposit paid by CHARTERER until the matter is resolved in accordance with the provisions set out in the section headed ‘Acceptance and Return of Yacht by You’. The COMPANY has the right to use whichever (or whoever) third party they see fit to make repairs to any damage caused. The CHARTERER may not commission their own third party or attempt repairs themselves to the vessel.
3.5 This deposit must be available as cleared funds by the charter start date, as security against the Yacht not being returned in good condition and towards any loss or damage to the Yacht occurring during the Charter Period which is the responsibility of the CHARTERER, and against any loss or damage suffered by the COMPANY due to any breach of these Terms & Conditions by the CHARTERE but without prejudice to any claim over and above the Security Deposit which the COMPANY may have.
3.6 The Security Deposit or any balance remaining shall be returned to the CHARTERER within 5 days of the return of the Yacht to the COMPANY or in any case of dispute, upon the determination of the dispute. The amount of the deposit may vary depending on the specific service (skippered charter, bareboat charter, racing etc).
3.7 There is a special refundable Security Deposit for spinnaker sail rent - £1500 per event.
4. Behaviour
4.1 CHARTERER must accept responsibility for the proper conduct of yourself and any members of your party. The COMPANY cannot be held responsible for underage consumption of alcohol. COMPANY reserves the right in the absolute sole discretion to terminate without further notice, and without liability on COMPANY part, the arrangements of any client: - who refuses to comply with the reasonable instructions or orders of the COMPANY staff (including without limitation where applicable to your arrangements, the COMPANY skipper and the COMPANY 1st mate), agents or other responsible person in authority; - who commits any illegal act during the charter period; or in the reasonable opinion of the COMPANY staff (including without limitation where applicable to your arrangements, the COMPANY skipper and the COMPANY 1st mate), agent or other responsible person in authority, whose behaviour is disruptive, threatening or abusive or is likely to cause distress, damage, danger or annoyance to other customers, staff, any third party or to property. Upon such termination our responsibility for the booking ceases and, in any circumstances, we shall not be liable for any extra costs incurred by CHARTERER and no refunds or compensation will be paid to CHARTERER. COMPANY may make a claim against CHARTERER for any costs and expenses incurred as a result of CHARTERER behavior and criminal proceedings may be instigated.
5. Acceptance and Return of Yacht by CHARTERER
5.1 On arrival at the COMPANY’s base on the commencement date of the arrangements and prior to the Company handing the yacht over to CHARTERER, CHARTERER shall be given the opportunity to inspect the yacht, its equipment, check and sign the inventory for a maximum of up to two hours after the time of the commencement shown on the Confirmation Invoice. After such a period, if the Company has not received any comments from CHARTERER with regards to the condition of the yacht and its contents to the contrary, it will be deemed that CHARTERER is satisfied with its condition and inventory. The Company may accompany CHARTERER on the yacht during such inspection period. The CHARTERER must ensure the yacht is kept clean and in good working order and repair during the period of the arrangements.
5.2 The Skipper and/or 1st Mate will receive a full yacht briefing prior to departure and request a passage plan for your intended charter along with a Next of Kin form, which must be completed and returned to the Company before departure. Upon completion of the yacht brief, if the Company has not received any comments from you with regards to operation of the yacht to the contrary, it will be deemed that CHARTERER is satisfied with its being able to operate the yacht safely and correctly.
5.3 CHARTERER must return the yacht to the home port on the date and by the time specified on the Confirmation Invoice (or on any Amendment Invoice issued). CHARTERER agrees not to take the yacht out in bad weather even if this may lead to the yacht not being returned on the date and by the time specified on the Confirmation Invoice (or on any Amendment Invoice issued). If it becomes apparent that CHARTERER is unable to return the yacht by the specified time and date, then CHARTERER must promptly advise the Company accordingly, but such notification shall not affect his liability for failing to return the yacht on the return date. In such circumstances for each day or part of day that the yacht is overdue, CHARTERER shall pay the Company one and a half times the daily charter fee for the yacht. COMPANY may waive part or all of such additional charter fee if COMPANY accept in its absolute sole discretion that there is good reason for the yacht not being returned on the time and date set out in the Confirmation Invoice (or on any Amendment Invoice issued). On return of the yacht to the Company, CHARTERER must return the yacht to an authorised member of the Company’s staff clean and in the same condition as it was delivered to CHARTERER on the commencement date of the arrangements, free from debt and clear from personal effects. On return of the yacht by CHARTERER, the Company shall inspect the yacht, its equipment and inventory for apparent defects. Any damage, incident or defect must be reported by CHARTERER to an authorized member of the Company’s staff promptly and must be detailed on the yacht’s inventory. The authorised member of the Company’s staff carrying out the inspection will note any apparent defects it notices (if any) in the yacht’s inventory. The Company reserves the right to charge £20 per hour for cleaning the yacht if it is not returned by you in a condition satisfactory to the Company. Following inspection of the yacht by the authorised member of the Company’s staff, the authorised member of the Company’s staff shall sign the yacht’s inventory. If agreed, CHARTERER will countersign the yacht’s inventory. By signing the yacht’s inventory following inspection, the Company does not accept, and CHARTERER acknowledges that the Company does not accept, that the yacht is free from defects that may not be immediately apparent. For the avoidance of doubt, the Company reserves the right to pursue CHARTERER for further losses and damages suffered by the Company as a result of damage caused to the yacht or its contents during the period of the arrangements that may not have been immediately apparent during the Company’s inspection on return of the yacht.
6. Termination and Repossession
Should it come to our attention that CHARTERER is likely to commit a serious breach of any of these booking conditions, the COMPANY may terminate the contract immediately and take whatever steps are necessary to take possession of the yacht wherever it may be. Such termination and the taking of the possession of the yacht shall be without prejudice to any rights and remedies which may have accrued to us prior to the date of or by reason of such breach. COMPANY shall, in these circumstances, have no liability for the unexpired part of this arrangements.
7. Cancellation or Amendment
7.1 If prior to the CHARTER DATE, the COMPANY or CHARTERER tenders notice of cancellation by reason of force majeure the CHARTERER shall be entitled to:
i) reschedule the charter (the “Rescheduled Charter”). The Rescheduled Charter must take place within 13 months of the original charter dates. If the Rescheduled Charteris agreed an addendum to this Agreement must be entered into. Or
ii) to immediate repayment, without interest, of all payments made under this AGREEMENT minus any costs already incurred.
7.2 If prior to the CHARTER DATE, the COMPANY tenders notice of cancellation for any reason other than force majeure, the CHARTERER shall be entitled to immediate repayment, without interest, of the full amount of all payments made under this AGREEMENT.
7.2 In the event of cancellation of the CHARTER by the COMPANY, the COMPANY will try to source a suitable alternative yacht for the EVENT AND CHARTER PERIOD for the CHARTERER. If the alternative yacht is acceptable to the CHARTERER, the CHARTERER shall waive their entitlement to the liquidated damages from the COMPANY.
7.3 Should the CHARTERER give notice of cancellation of this Agreement on or at any time before the CHARTER DATE the CHARTERER shall remain liable for all payments due prior to and unpaid at the date of cancellation including but not limited to the CHARTER FEE.
7.4 If after CANCELLATION by the CHARTERER the COMPANY is able to resell a CHARTER for the same CHARTER PERIOD the CHARTERER shall be entitled to a refund of the CHARTER FEE minus any difference in the CHARTER FEE.
7.5 If the CHARTERER wish to make any amendments to the charter, the COMPANY will make every effort to accommodate these, depending on boat availability. Requests for amendments must be made in writing.
7.6 Should the CHARTERER:
i) fail to pay any sums due under this Agreement having received 5 days written notice of its failure to pay: OR
ii) fail to take delivery of the YACHT within 24 hours of the DELIVERY DATE
the COMPANY shall be entitled to treat this Agreement as having been repudiated by the CHARTERER and subject to clause 7) above retain in full all sums paid and to recover all sums unpaid and due up to the date of repudiation.
8. The yacht
8.1 COMPANY will supply a Yacht in good and seaworthy condition in compliance with the MCA’s Code of Practice for the Safety of Small Commercial Motor or Sailing Vessels equipped to the requirements of the Marine Leisure Association (MLA).
8.2 COMAPANY will use all reasonable endeavours to deliver a Yacht for the Charter in the aforesaid condition at the agreed time and place but in default, whether as a result of a breach of 8.1 or otherwise, COMPANY’s liability shall be limited to a return of all sums paid together with reasonable compensation for travel and accommodation costs but we shall have no further liability to CHARTERER in respect of the curtailment or cancellation of the Charter including without prejudice to the generality of the foregoing liability in respect of consequential or economic loss or loss of use or enjoyment.
8.3 COMPANY are not liable under clause 8.2 if such failure is as a result of Acts of God (eg fire, flood, earthquake, storm, hurricane, other natural disaster), war, invasion, act of foreign enemies, hostilities, civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service. If we assert this clause as an excuse for failure to perform our obligation, we must prove that we took reasonable steps to minimize delay or damages caused by foreseeable events, that we substantially fulfilled all non-excused obligations, and you were timely notified of the likelihood or actual occurrence of an event described above. Where delivery is delayed otherwise than by reason given in this clause, our maximum liability in addition to the return of all sums paid shall be limited to an amount equal to 50% of the Charter Fee.
8.4 The precise specification of the Yacht may vary from the prescription given.
8.5 The Skipper may limit the personal gear brought on board. Personal gear is taken on board CHARTERER own risk.
9. Required Yacht Charter Qualifications
9.1 In case of Skippered Charter COMPANY 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 you to comply with all reasonable orders where you might otherwise endanger the Yacht or any person on board, or vitiate the Yacht’s insurance, or prevent or be likely to prevent timely redelivery at the end of the Charter or otherwise be prejudicial to our interests. The Skipper is to be responsible for the safe navigation of the Yacht and for all decisions on the operation of the Yacht and is to be the sole judge of whether it is reasonable or prudent to sail at any given time, having regard for the state of the weather and the surrounding circumstances and whether any specified anchorage, ports or places are reasonably safe.
9.2 To take a bareboat charter in the Solent, 2 members of the crew (the skipper and first mate) need to have at least a RYA Day Skipper Practical qualification or have skippering/sailing experience on a yacht close to the size you are chartering.
For longer charters looking to go further afield than the Solent, we do ask that the skipper’s experience is at least that of Coastal Skipper standard.
Simply put, to take one of the COMPANY’s yachts on a Bareboat basis we look for the skipper, as a minimum, to hold a Day Skipper (Practical) certificate. Plus, one other person needs to have suitable experience to take charge of the yacht in an emergency.
Having said that COMPANY also looks at CHARTERER previous sailing experience, the type of yacht CHARTERER is intending to charter, and CHARTERER planned sailing itinerary.
Should CHARTERER aspire to cross the channel then we ask for a minimum of Coastal Skipper plus a First Mate with a minimum of Day Skipper. But the same rules apply, and the COMPANY will always look at CHARTERER sailing experience before agreeing to the charter.
10. Insurance and Liabilities
10.1 THE COMPANY warrants that the Yacht 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 damage cover of no less than £3,000,000.
10.2 Neither the Skipper nor COMPANY shall have any liability for death or personal injury suffered by CHARTERER unless caused by our or the Skipper’s negligence or wilful default.
10.3 CHARTERER shall do nothing that may vitiate the Yacht's insurance or prejudice COMPANY right to claim thereunder. The CHARTERER shall give immediate notice to us of any event likely to give rise to a claim under the Insurance.
10.4 In the event of major damage to the Yacht during the Charter involving a claim on the Yacht’s insurance or in the event of a breakdown of gear or machinery rendering the Yacht unseaworthy or unusable, then where possible an alternative suitable Yacht will be provided. In the unlikely event that this is not possible then the Charter will be extended or rescheduled by the period of such enforced unfitness, provided that you did not cause or contribute to the damage or breakdown and provided also that we shall not be liable to you for any other compensation in respect of damage or breakdown whether in respect of consequential or financial loss or otherwise, save where damage or breakdown is caused by our negligence and results in death or personal injury. This clause shall not apply to the breakdown of any power source contained in the Yacht.
10.5 Although the yacht is fully insured (details on request), we strongly recommend that CHARTERER have personal insurance providing cover against personal accident, medical and emergency expenses, loss of baggage, personal effects and money, cancellation, and travel disruption.
11. Participant’s Obligations
11.1 CHARTERER warrants that CHARTERER has the experience and competence described on the Booking Form. Further, CHARTERER warrants medical fitness for the passages and other activities envisaged hereunder.
11.2 CHARTERER shall inform the Skipper of any health problems that may affect CHARTERER well-being during the Charter (for example, diabetes, hypertension, heart problems, pregnancy, etc.). CHARTERER shall also notify and instruct the Skipper about all obligatory drugs and medical equipment if CHARTERER use some.
11.3 The CHARTERER shall give the Skipper such assistance as shall reasonably be required in handling the Yacht and shall comply promptly with the Skipper’s instructions.
11.4 CHARTERER shall take all reasonable care of the Yacht and its equipment. CHARTERER will be liable for any loss of or damage beyond fair wear and tear caused by himself to any of the linen, bedding, crockery, cutlery, upholstery, furniture and all other stores, gear equipment and furnishing belonging to the Yacht.
11.5 CHARTERER shall observe all applicable rules, regulations, and laws whether of customs, harbour, or other authorities or otherwise.
12. Photography
12.1 An essential part of the success of our marketing literature is using photography that gives clients a true idea of the product, rather than using models. Photographers are occasionally in our cruising areas. By accepting these terms and conditions, you agree that any likeness or image of you secured or taken on any of our arrangements may be used by the Company without charge in all media (whether now existing or in the future invented) for bona fide promotional or marketing purposes, including without limitation promotional materials of any kind such as brochures, slides, video shows and the internet. If you have any strong objections to close up photography of yourself and your party, please indicate your feelings to the photographer at the time.
13. General
13.1 In the case of chartering a Yacht for sailing races, additional special terms and conditions may apply, according to the requirements of the organizers of the sailing race.
13.2 This Agreement is subject to English law. In the event of a dispute arising under this Agreement, the parties agree to use reasonable endeavours to resolve such a dispute by negotiation and, if such negotiation fails, to consider referring the dispute to alternative dispute resolution under the dispute resolution procedures adopted from time to time by the British Marine Federation. Save as aforesaid, any dispute shall be submitted to the nonexclusive jurisdiction of the Courts of England and Wales.
13.3 If any provision of this Agreement is held by any court or other competent authority to be void or unenforceable in whole or part, this Agreement shall continue to be valid as to the other provisions thereof and the remainder of the affected provision.
13.4 If the CHARTERER has a Complaint. If CHARTERER has a problem during the charter/event, CHARTERER must inform our local representative, member of Company staff or the relevant supplier of the service immediately. If your complaint is not resolved locally, please follow this up within 14 days of your return home by writing to us at:
Customer Relations Department, Bridge Global Trade and Development Ltd, 30 Church Path, Gosport, PO12 1NR, giving CHARTERER booking reference and all relevant information.
COMPANY - The owner of the boats - Bridge Global Trade and Development Ltd (Company number 11375339).
CHARTERER - A person or company who books a charter of a yacht or a place on the crew for a specific sailing event.
FORCE MAJEURE In this TERMS & CONDITIONS ‘force majeure’ means any cause directly attributable to acts, events, non-happenings, omissions, accidents or Acts of God beyond the reasonable control of the COMPANY or the CHARTERER (including, but not limited to, last minute regatta cancellation, strikes, lock-outs or other labour disputes, civil commotion, riots, blockade, invasion, war, fire, explosion, sabotage, storm, epidemic, collision, fog, governmental act or regulation).
1. Booking and payment
1.1 To confirm a reservation, an advance payment of 50% of the order value or, in some cases, a certain amount must be made immediately.
1.2 The Balance Payment should be paid to Bridge Global Trade and Development Ltd (COMPANY) no later than 6 weeks prior to the commencement of the charter service.
1.3 Payment can be accepted by cash, credit card (2% surcharge), debit card or bank transfer.
COMPANY bank account details are:
Account Name: Bridge Global Trade and Development LTD
Sort code: 40-07-06
Account Number: 21790471
1.4 By making a booking you will be confirming acceptance of these terms and conditions. You also warrant the accuracy of all information provided by yourself, both on the Booking Form and in other communications with us.2. Booking Procedure
To make a booking CHARTERER can contact the COMPANY in several ways; directly over the telephone or via www.bridgesailing.co.uk website. The person making the booking must be 18 years old or over and possess the legal capacity and authority to make the booking and accepts these booking conditions on behalf of everyone in the party.
a) The full charter of the boat
• 50% Deposit / Specific amount deposit, in some cases, is due immediately to confirm the booking (full payment if booking made within 6 weeks of charter start date)
• Completed Booking Form, including Sailing Experience evidence – Skipper & 1st Mate copies for any sailing certificates held.
• Complete Charter Agreement.
• On receipt of the completed Charter Agreement, Booking Form and Sailing Experience documents and deposit COMPANY will send CHARTERER confirmation of the charter in writing.
• No agreement shall exist between COMAPANY and the CHARTERER until acceptance of this charter booking by Bridge Global Trade and Development Ltd.
b) Booking of individual place in the crew
• 50% Deposit / Specific amount deposit, in some cases, is due immediately to confirm the booking (full payment if booking made within 6 weeks of charter start date)
• Completed Booking Form online for specific event.
• On receipt of the completed Booking Form and deposit/payment COMPANY will send CHARTERER confirmation of the booking in writing.
• No agreement shall exist between COMAPANY and the CHARTERER until acceptance of this charter booking by Bridge Global Trade and Development Ltd.
Before departure, we require:
• Final balance for which COMPANY will send CHARTERER a final invoice. (6 weeks before charter)
• Crew details of all onboard (ID copies of passport OR driving licence of skipper & 1st Mate required)
• Security Deposit payment, if needed (2 days before charter).
3. Security Deposit
3.1 In case of Day Sailing trips with COMANY's skipper or Skippered Charter, except races, the Security deposit is £0.
3.2 In case of Skippered charter for races or Bareboat charter, the CHARTERER shall pay the Refundable Security Deposit by bank transfer or credit card no less than 2 days before the start of the Charter Period to the COMPANY.
Security Deposit - Racing and Non-Racing Charters - £3000 (non-racing), £3,500 (racing) or £4,000 (charters with a history of prior damages) per incident. If during the bareboat charter CHARTERER is involved in one or more separate incidents, CHARTERER will be required to pay a second security deposit before the charter can continue. Subsequent incidents will be subject to a charge being made against the second security deposit.
CHARTERER will not be able to apply or deduct any portion of the security deposit from the deposit and/or final balance payable for the arrangements. On return of the yacht to the COMPANY and following inspection of the yacht by the COMPANY in accordance with the provisions set out in the section headed ‘Acceptance and Return of Yacht by You’, in the event that the COMPANY is satisfied that there is no apparent damage to the yacht on its return from CHARTERER, the COMPANY shall, where applicable, refund the relevant security deposit or excess paid by CHARTERER to CHARTERER as soon as reasonably possible.
In the event that it is agreed between the COMPANT and CHARTERER that damage was caused to the yacht and/or its contents during the period of the arrangements, CHARTERER will be liable to the COMPANY for all losses and damages incurred by the COMPANT as a result and the COMPANY reserves the right to retain, where applicable, part or all of the relevant security deposit paid by CHARTERER. The COMPANY may use all or part of the security deposit paid by CHARTERER to repair any damage caused to the yacht or its contents during the period of the arrangements, including without limitation the costs involved in lifting the yacht for a full inspection to assess the damage to the yacht. The security deposit will not in any way limit or prejudice any claim which the COMPANY may have over and above the sum of the security deposit paid by CHARTERER and CHARTERER will remain liable to the COMPANY for the balance of any such losses or damages incurred by the COMPANY over and above the sum of the security deposit paid by CHARTERER. In the event that the losses or damages suffered by the COMPANT as a result of any breach by CHARTERER of these booking conditions and any damage caused to the yacht or its contents during the period of the arrangements is less than the relevant security deposit paid by CHARTERER, the COMPANY shall refund the relevant security deposit paid by CHARTERER to CHARTERER as soon as reasonably possible after the claim has been settled.
3.3 CHARTERER will be liable to the COMPANY for all damages and losses suffered by the COMPANY as a result of the COMPANY’s insurer refusing cover due to CHARTERER negligence, deliberate default or wilful misconduct.
3.4 In the event of any disagreement over damage or loss, the COMPANY shall retain the relevant security deposit paid by CHARTERER until the matter is resolved in accordance with the provisions set out in the section headed ‘Acceptance and Return of Yacht by You’. The COMPANY has the right to use whichever (or whoever) third party they see fit to make repairs to any damage caused. The CHARTERER may not commission their own third party or attempt repairs themselves to the vessel.
3.5 This deposit must be available as cleared funds by the charter start date, as security against the Yacht not being returned in good condition and towards any loss or damage to the Yacht occurring during the Charter Period which is the responsibility of the CHARTERER, and against any loss or damage suffered by the COMPANY due to any breach of these Terms & Conditions by the CHARTERE but without prejudice to any claim over and above the Security Deposit which the COMPANY may have.
3.6 The Security Deposit or any balance remaining shall be returned to the CHARTERER within 5 days of the return of the Yacht to the COMPANY or in any case of dispute, upon the determination of the dispute. The amount of the deposit may vary depending on the specific service (skippered charter, bareboat charter, racing etc).
3.7 There is a special refundable Security Deposit for spinnaker sail rent - £1500 per event.
4. Behaviour
4.1 CHARTERER must accept responsibility for the proper conduct of yourself and any members of your party. The COMPANY cannot be held responsible for underage consumption of alcohol. COMPANY reserves the right in the absolute sole discretion to terminate without further notice, and without liability on COMPANY part, the arrangements of any client: - who refuses to comply with the reasonable instructions or orders of the COMPANY staff (including without limitation where applicable to your arrangements, the COMPANY skipper and the COMPANY 1st mate), agents or other responsible person in authority; - who commits any illegal act during the charter period; or in the reasonable opinion of the COMPANY staff (including without limitation where applicable to your arrangements, the COMPANY skipper and the COMPANY 1st mate), agent or other responsible person in authority, whose behaviour is disruptive, threatening or abusive or is likely to cause distress, damage, danger or annoyance to other customers, staff, any third party or to property. Upon such termination our responsibility for the booking ceases and, in any circumstances, we shall not be liable for any extra costs incurred by CHARTERER and no refunds or compensation will be paid to CHARTERER. COMPANY may make a claim against CHARTERER for any costs and expenses incurred as a result of CHARTERER behavior and criminal proceedings may be instigated.
5. Acceptance and Return of Yacht by CHARTERER
5.1 On arrival at the COMPANY’s base on the commencement date of the arrangements and prior to the Company handing the yacht over to CHARTERER, CHARTERER shall be given the opportunity to inspect the yacht, its equipment, check and sign the inventory for a maximum of up to two hours after the time of the commencement shown on the Confirmation Invoice. After such a period, if the Company has not received any comments from CHARTERER with regards to the condition of the yacht and its contents to the contrary, it will be deemed that CHARTERER is satisfied with its condition and inventory. The Company may accompany CHARTERER on the yacht during such inspection period. The CHARTERER must ensure the yacht is kept clean and in good working order and repair during the period of the arrangements.
5.2 The Skipper and/or 1st Mate will receive a full yacht briefing prior to departure and request a passage plan for your intended charter along with a Next of Kin form, which must be completed and returned to the Company before departure. Upon completion of the yacht brief, if the Company has not received any comments from you with regards to operation of the yacht to the contrary, it will be deemed that CHARTERER is satisfied with its being able to operate the yacht safely and correctly.
5.3 CHARTERER must return the yacht to the home port on the date and by the time specified on the Confirmation Invoice (or on any Amendment Invoice issued). CHARTERER agrees not to take the yacht out in bad weather even if this may lead to the yacht not being returned on the date and by the time specified on the Confirmation Invoice (or on any Amendment Invoice issued). If it becomes apparent that CHARTERER is unable to return the yacht by the specified time and date, then CHARTERER must promptly advise the Company accordingly, but such notification shall not affect his liability for failing to return the yacht on the return date. In such circumstances for each day or part of day that the yacht is overdue, CHARTERER shall pay the Company one and a half times the daily charter fee for the yacht. COMPANY may waive part or all of such additional charter fee if COMPANY accept in its absolute sole discretion that there is good reason for the yacht not being returned on the time and date set out in the Confirmation Invoice (or on any Amendment Invoice issued). On return of the yacht to the Company, CHARTERER must return the yacht to an authorised member of the Company’s staff clean and in the same condition as it was delivered to CHARTERER on the commencement date of the arrangements, free from debt and clear from personal effects. On return of the yacht by CHARTERER, the Company shall inspect the yacht, its equipment and inventory for apparent defects. Any damage, incident or defect must be reported by CHARTERER to an authorized member of the Company’s staff promptly and must be detailed on the yacht’s inventory. The authorised member of the Company’s staff carrying out the inspection will note any apparent defects it notices (if any) in the yacht’s inventory. The Company reserves the right to charge £20 per hour for cleaning the yacht if it is not returned by you in a condition satisfactory to the Company. Following inspection of the yacht by the authorised member of the Company’s staff, the authorised member of the Company’s staff shall sign the yacht’s inventory. If agreed, CHARTERER will countersign the yacht’s inventory. By signing the yacht’s inventory following inspection, the Company does not accept, and CHARTERER acknowledges that the Company does not accept, that the yacht is free from defects that may not be immediately apparent. For the avoidance of doubt, the Company reserves the right to pursue CHARTERER for further losses and damages suffered by the Company as a result of damage caused to the yacht or its contents during the period of the arrangements that may not have been immediately apparent during the Company’s inspection on return of the yacht.
6. Termination and Repossession
Should it come to our attention that CHARTERER is likely to commit a serious breach of any of these booking conditions, the COMPANY may terminate the contract immediately and take whatever steps are necessary to take possession of the yacht wherever it may be. Such termination and the taking of the possession of the yacht shall be without prejudice to any rights and remedies which may have accrued to us prior to the date of or by reason of such breach. COMPANY shall, in these circumstances, have no liability for the unexpired part of this arrangements.
7. Cancellation or Amendment
7.1 If prior to the CHARTER DATE, the COMPANY or CHARTERER tenders notice of cancellation by reason of force majeure the CHARTERER shall be entitled to:
i) reschedule the charter (the “Rescheduled Charter”). The Rescheduled Charter must take place within 13 months of the original charter dates. If the Rescheduled Charteris agreed an addendum to this Agreement must be entered into. Or
ii) to immediate repayment, without interest, of all payments made under this AGREEMENT minus any costs already incurred.
7.2 If prior to the CHARTER DATE, the COMPANY tenders notice of cancellation for any reason other than force majeure, the CHARTERER shall be entitled to immediate repayment, without interest, of the full amount of all payments made under this AGREEMENT.
7.2 In the event of cancellation of the CHARTER by the COMPANY, the COMPANY will try to source a suitable alternative yacht for the EVENT AND CHARTER PERIOD for the CHARTERER. If the alternative yacht is acceptable to the CHARTERER, the CHARTERER shall waive their entitlement to the liquidated damages from the COMPANY.
7.3 Should the CHARTERER give notice of cancellation of this Agreement on or at any time before the CHARTER DATE the CHARTERER shall remain liable for all payments due prior to and unpaid at the date of cancellation including but not limited to the CHARTER FEE.
7.4 If after CANCELLATION by the CHARTERER the COMPANY is able to resell a CHARTER for the same CHARTER PERIOD the CHARTERER shall be entitled to a refund of the CHARTER FEE minus any difference in the CHARTER FEE.
7.5 If the CHARTERER wish to make any amendments to the charter, the COMPANY will make every effort to accommodate these, depending on boat availability. Requests for amendments must be made in writing.
7.6 Should the CHARTERER:
i) fail to pay any sums due under this Agreement having received 5 days written notice of its failure to pay: OR
ii) fail to take delivery of the YACHT within 24 hours of the DELIVERY DATE
the COMPANY shall be entitled to treat this Agreement as having been repudiated by the CHARTERER and subject to clause 7) above retain in full all sums paid and to recover all sums unpaid and due up to the date of repudiation.
8. The yacht
8.1 COMPANY will supply a Yacht in good and seaworthy condition in compliance with the MCA’s Code of Practice for the Safety of Small Commercial Motor or Sailing Vessels equipped to the requirements of the Marine Leisure Association (MLA).
8.2 COMAPANY will use all reasonable endeavours to deliver a Yacht for the Charter in the aforesaid condition at the agreed time and place but in default, whether as a result of a breach of 8.1 or otherwise, COMPANY’s liability shall be limited to a return of all sums paid together with reasonable compensation for travel and accommodation costs but we shall have no further liability to CHARTERER in respect of the curtailment or cancellation of the Charter including without prejudice to the generality of the foregoing liability in respect of consequential or economic loss or loss of use or enjoyment.
8.3 COMPANY are not liable under clause 8.2 if such failure is as a result of Acts of God (eg fire, flood, earthquake, storm, hurricane, other natural disaster), war, invasion, act of foreign enemies, hostilities, civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service. If we assert this clause as an excuse for failure to perform our obligation, we must prove that we took reasonable steps to minimize delay or damages caused by foreseeable events, that we substantially fulfilled all non-excused obligations, and you were timely notified of the likelihood or actual occurrence of an event described above. Where delivery is delayed otherwise than by reason given in this clause, our maximum liability in addition to the return of all sums paid shall be limited to an amount equal to 50% of the Charter Fee.
8.4 The precise specification of the Yacht may vary from the prescription given.
8.5 The Skipper may limit the personal gear brought on board. Personal gear is taken on board CHARTERER own risk.
9. Required Yacht Charter Qualifications
9.1 In case of Skippered Charter COMPANY 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 you to comply with all reasonable orders where you might otherwise endanger the Yacht or any person on board, or vitiate the Yacht’s insurance, or prevent or be likely to prevent timely redelivery at the end of the Charter or otherwise be prejudicial to our interests. The Skipper is to be responsible for the safe navigation of the Yacht and for all decisions on the operation of the Yacht and is to be the sole judge of whether it is reasonable or prudent to sail at any given time, having regard for the state of the weather and the surrounding circumstances and whether any specified anchorage, ports or places are reasonably safe.
9.2 To take a bareboat charter in the Solent, 2 members of the crew (the skipper and first mate) need to have at least a RYA Day Skipper Practical qualification or have skippering/sailing experience on a yacht close to the size you are chartering.
For longer charters looking to go further afield than the Solent, we do ask that the skipper’s experience is at least that of Coastal Skipper standard.
Simply put, to take one of the COMPANY’s yachts on a Bareboat basis we look for the skipper, as a minimum, to hold a Day Skipper (Practical) certificate. Plus, one other person needs to have suitable experience to take charge of the yacht in an emergency.
Having said that COMPANY also looks at CHARTERER previous sailing experience, the type of yacht CHARTERER is intending to charter, and CHARTERER planned sailing itinerary.
Should CHARTERER aspire to cross the channel then we ask for a minimum of Coastal Skipper plus a First Mate with a minimum of Day Skipper. But the same rules apply, and the COMPANY will always look at CHARTERER sailing experience before agreeing to the charter.
10. Insurance and Liabilities
10.1 THE COMPANY warrants that the Yacht 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 damage cover of no less than £3,000,000.
10.2 Neither the Skipper nor COMPANY shall have any liability for death or personal injury suffered by CHARTERER unless caused by our or the Skipper’s negligence or wilful default.
10.3 CHARTERER shall do nothing that may vitiate the Yacht's insurance or prejudice COMPANY right to claim thereunder. The CHARTERER shall give immediate notice to us of any event likely to give rise to a claim under the Insurance.
10.4 In the event of major damage to the Yacht during the Charter involving a claim on the Yacht’s insurance or in the event of a breakdown of gear or machinery rendering the Yacht unseaworthy or unusable, then where possible an alternative suitable Yacht will be provided. In the unlikely event that this is not possible then the Charter will be extended or rescheduled by the period of such enforced unfitness, provided that you did not cause or contribute to the damage or breakdown and provided also that we shall not be liable to you for any other compensation in respect of damage or breakdown whether in respect of consequential or financial loss or otherwise, save where damage or breakdown is caused by our negligence and results in death or personal injury. This clause shall not apply to the breakdown of any power source contained in the Yacht.
10.5 Although the yacht is fully insured (details on request), we strongly recommend that CHARTERER have personal insurance providing cover against personal accident, medical and emergency expenses, loss of baggage, personal effects and money, cancellation, and travel disruption.
11. Participant’s Obligations
11.1 CHARTERER warrants that CHARTERER has the experience and competence described on the Booking Form. Further, CHARTERER warrants medical fitness for the passages and other activities envisaged hereunder.
11.2 CHARTERER shall inform the Skipper of any health problems that may affect CHARTERER well-being during the Charter (for example, diabetes, hypertension, heart problems, pregnancy, etc.). CHARTERER shall also notify and instruct the Skipper about all obligatory drugs and medical equipment if CHARTERER use some.
11.3 The CHARTERER shall give the Skipper such assistance as shall reasonably be required in handling the Yacht and shall comply promptly with the Skipper’s instructions.
11.4 CHARTERER shall take all reasonable care of the Yacht and its equipment. CHARTERER will be liable for any loss of or damage beyond fair wear and tear caused by himself to any of the linen, bedding, crockery, cutlery, upholstery, furniture and all other stores, gear equipment and furnishing belonging to the Yacht.
11.5 CHARTERER shall observe all applicable rules, regulations, and laws whether of customs, harbour, or other authorities or otherwise.
12. Photography
12.1 An essential part of the success of our marketing literature is using photography that gives clients a true idea of the product, rather than using models. Photographers are occasionally in our cruising areas. By accepting these terms and conditions, you agree that any likeness or image of you secured or taken on any of our arrangements may be used by the Company without charge in all media (whether now existing or in the future invented) for bona fide promotional or marketing purposes, including without limitation promotional materials of any kind such as brochures, slides, video shows and the internet. If you have any strong objections to close up photography of yourself and your party, please indicate your feelings to the photographer at the time.
13. General
13.1 In the case of chartering a Yacht for sailing races, additional special terms and conditions may apply, according to the requirements of the organizers of the sailing race.
13.2 This Agreement is subject to English law. In the event of a dispute arising under this Agreement, the parties agree to use reasonable endeavours to resolve such a dispute by negotiation and, if such negotiation fails, to consider referring the dispute to alternative dispute resolution under the dispute resolution procedures adopted from time to time by the British Marine Federation. Save as aforesaid, any dispute shall be submitted to the nonexclusive jurisdiction of the Courts of England and Wales.
13.3 If any provision of this Agreement is held by any court or other competent authority to be void or unenforceable in whole or part, this Agreement shall continue to be valid as to the other provisions thereof and the remainder of the affected provision.
13.4 If the CHARTERER has a Complaint. If CHARTERER has a problem during the charter/event, CHARTERER must inform our local representative, member of Company staff or the relevant supplier of the service immediately. If your complaint is not resolved locally, please follow this up within 14 days of your return home by writing to us at:
Customer Relations Department, Bridge Global Trade and Development Ltd, 30 Church Path, Gosport, PO12 1NR, giving CHARTERER booking reference and all relevant information.