Yacht Charter Contract by kdv77245


									                                        Disco Inferno 3
                                Terms and Conditions (Individuals)

1         Charter and Payment            2          Damage                         Should DIY Charters fail to provide
                                                                                   the yacht at the time specified, the
                                                                                   charterer will be entitled to a pro-
DIY Charters agree to make               The charterer will not be liable for      rata refund for each complete day’s
available to the individual a position   any damage to the yacht or to a           (24hour) delay other than as a
as crew on Disco Inferno 3 a CNB         third party while racing.                 result     of    adverse     weather
Bordeaux 60, ("the yacht") for the       The individual charterer shall not        conditions or force majeure which
regatta or cruise specified during       invite any person aboard the yacht        shall include (but not be limited to)
the advertised dates in return for       for whatever reason without the           war or threat of war, natural
the agreed per person charter fee.       express permission of the skipper.        disasters,      terrorist     activity
                                         However should such persons               threatened or actual, civil or
Should for any reason the yacht          come aboard with an individual            political      unrest,        military
specified       above        become      charterer then that individual            intervention, closure of ports or
unavailable for the charter then DIY     charterer shall remain fully and          airports,      industrial      action
Charters reserve the right to            inescapable responsible for their         threatened or actual, fire or flood,
substitute a similar yacht of equal      actions while aboard the yacht.           earthquake, hurricane, tornado,
or greater size and performance for                                                technical problems of transport,
the charter period.                      The individual charterer shall at all     change of travelling schedules
                                         times remain responsible for his or       beyond our control or any other
A non-refundable deposit of 25% of       her     actions.     The    individual    similar circumstance beyond DIY
the advertised or agreed per             charterer shall remain fully liable for   Charters' control.
person charter fee shall be paid to      the cost of any damage to the
confirm the booking. The balance         yacht or a 3           party directly
of the advertised or agreed per          attributable to the actions of the        5         Whats Included
person charter fee will be paid not      individual charterer or their guests
later than 2 calendar months prior       whether permitted guests or not.
to the start of the charter period.                                                Racing
DIY Charters shall be entitled to        Any request for monies in respect
cancel the booking if the balance of     of such damage shall be paid in full      DIY Charters will pay for all running
payment is not received as cleared       within 14 days of demand.                 expenses during the charter. This
funds into the nominated DIY                                                       includes race entry fees, berthing
Charters bank account by the due                                                   costs (during the charter period),
date. In the event of such               3          Insurance                      sail repairs (while racing or
cancellation the deposit shall not                                                 training), water, fuel, gas, harbour
be refunded.                                                                       or port dues, link calls or pilotage.
                                         DIY Charters will insure the yacht        DIY Charters will also include lunch
Should the individual charterer give     on normal commercial terms with           aboard while racing or training and
notice in writing of cancellation of     third party liability of £2,000,000.      adequate drinking water for the
the booking then the following shall     These terms include a claims              duration of the race. If the race is
apply:                                   excess of £2,000 or one third of the      an “Offshore” race then DIY
(a) If notice is given more than 2       loss or damage to spars whilst            Charters will also include all food
calendar months before the start of      racing (whichever is the greater).        on board for the duration of that
the charter period, the deposit will                                               race.
NOT be refundable but the                It should be noted that personal
charterer will have no liability in      insurance is NOT INCLUDED in
respect of the outstanding balance.      the yacht’s insurance policy, for         General
(b) If notice is given less than 2       this   reason     DIY    Charters
calendar months before the charter       STRONGLY recommend that an                The individual charterer will be
period NO amount (deposit or             individual charterer takes out an         responsible for the cost of flights
balance) will be refundable and the      individual insurance policy to            and transfers to the yacht, all taxi’s
charterer shall remain liable for any    cover       injury,      personal         ashore to and from the yacht and
unpaid monies.                           belongings and cancellation.              their       accommodation          or
(c) In the event that no notice is                                                 restaurants, water taxi’s Plus
given and the individual charterer                                                 PERSONAL TRAVEL INSURANCE
fails to turn up for the event, the      4          Delivery                       Although the skipper will try and
individual charterer will be liable in                                             organise the charter as best he or
full for any outstanding charter fees                                              she can with the wishes of the
& costs incurred by the yacht            DIY Charters will provide the yacht       individual charterer the final
directly applicable to that charter,     at the start of the charter period in     decision on where the yacht is
i.e. accommodation booked on             good condition, with a clean bottom       moored each night and the daily
behalf of the charterer and crew         and with all necessary gear and           itinerary remain that of the Skipper.
clothing     purchased     for    that   equipment to adequately carry out
charterer.                               the charter. DIY Charters does not
                                         warrant that the yacht is suitable to
                                         be sailed in dangerous adverse

6         Operation                    The individual charterer               for    the    purpose     of    crew
                                                  undertakes:                 accommodation for that regatta.
                                       1 – Not to smoke below decks or        While       in       the      regatta
DIY Charters will provide the          while handling sails;                  accommodation        the   individual
services of a qualified skipper and    2 – That shoes that have been          charterer is expected to act in
1 mate/hostess at their own cost       worn ashore will not be worn on        accordance with the terms and
as required by the Insurance           board the yacht either above or        conditions of rental of that villa or
Company and the MCA code of            below decks, Please bring              apartment and at all times remains
practice.                              separate shoes to wear aboard          personally liable for any damage to
                                       that will stay aboard and walk to      property so caused by that
DIY charters warrant that the yacht    the boat in dedicated land shoes       individual.
is fully compliant with the current    which shall be left on the dock        Where accommodation ashore is
laws and regulations relating to       while racing or in the dedicated       not advertised as included in the
British flagged charter yachts.        shoe box while cruising.               individual charter fee the regatta is
                                       3 – Not to bring any animals or pets   an “accommodation EXCLUDED”
The charterer warrants to at all       aboard;                                regatta then the individual charterer
times take good care of the yacht,     4 - That no controlled drugs or        shall organise and pay for their own
its gear and equipment. In             other illegal substances will be       accommodation for the entire
particular, each sail will be packed   brought aboard the boat by ANY         regatta.
neatly and bagged when not in use.     person. Failure to comply with
The yacht’s tender shall not be        this undertaking will result in the
used by individual charterers          immediate cancellation of the          8         Termination
unless they are accompanied by         individuals charter wherever the
the skipper or 1 mate/hostess.         boat may be, without refund of
                                       any monies previously paid and         Failure of the charterer to comply
In the event of any accident,          the individual charterer will be       with any of these terms and
damage or failure of equipment, the    required       to      immediately     conditions will give DIY Charters
charterer    will  as     soon    as   disembark the yacht.                   the    right   to    terminate   the
practicable thereafter notify the      5 - To observe all reasonable          agreement and expel the individual
Skipper so a repair can be             requests of the appointed skipper.     charterer from the yacht. Such
undertaken. Repair work may only                                              right, if exercised, will be without
be carried out with the consent of                                            prejudice to the right of DIY
DIY Charters or if consent cannot      7         Accommodation                Charters to recover damages
reasonably be obtained then work                                              following breach of the agreement.
may be carried out only if
necessary for the safe return of the   Racing
yacht within the charter period.       There is NO accommodation              9         Jurisdiction
                                       aboard included for racing,
                                       Where the regatta is advertised
                                       and sold with accommodation            It is agreed by both parties that this
                                       ashore included in the package         contract will be construed in
                                       price then the individual charterer    accordance with English Law under
                                       will be given a bed (2 sharing a       the jurisdiction of the English
                                       room) in the villa or apartment that   Courts.
                                       has been rented by DIY Charters


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