TERMS & CONDITIONS

BOOKING:

Use button above to check availability. A provisional booking will be held for 1 week. To confirm the booking you need to return a booking form and 20% deposit minimum £ 100. A cheque for the balance of the charter fee and security deposit need to be with us 21 days prior to handover date. Security deposits can be accepted on the day of handover in cash as they need to have a cleared fund status. At present we don't take credit cards but this may change in the near future.

HAND OVER TIMES:

7 Day Charter: ........Sat 17:00 - Sat 10:00

5 Day Mid Week ....Mon 10:00 to 15:00 - Fri 10:00

Weekend .................Fri 16:30 - Sun 18:00

INSURANCE:

Our yacht is insured for £2M. 3rd Party liability charter use . All claims are subject to an excess and the insurance is valid only within the cruising limits and terms of the charter agreement. Cancellation insurance and the insurance of the Skipper and crew are the responsibility of the individuals themselves and SYC do not accept any liability in respect of the same.

SOME IMPORTANT NOTES:

The following are some important items to take note of and the full charter agreement should be read carefully. The agreement simply puts into writing what a charterer should expect form the company and vise versa.

SYC reserves the right to refuse to hand over the Yacht to anyone, who in SYC's opinion, is not suitable to take charge. No reason needs to be given by SYC. In this event, the charter fee and security deposit will be refunded in full and the charterer will have no further claim against SYC.

The charterer is liable for the whole charter fee from receipt of booking, except in the event of SYC not handing over the vessel ref: 1 below or the yacht not being available through no fault of SYC.

In case of cancellation by the charterer, SYC will try to find a replacement charter. If unsuccessful no refunds will be given and in the event of a new chartrer being found an administration charge may be made.

The charterer must not sub-charter the vessel or hand over control of the vessel without the consent of SYC.

A full crew list must be given to SYC in advance of the charter.

Conditions of Business

1. Bookings

1.1 Bookings must be made on the form provided and accompanied by the appropriate deposit. Telephone reservations will be held for one week until the booking form and deposit are received. The owner is not bound to accept any booking and there will be no contract until the deposit is received and cleared. The signed booking form, together with these conditions of business, constitute the contract.

1.2 All payments are non-returnable except in the event of cancellation of the charter by the owner or the yacht being unavailable and there is no suitable replacement. In either of these events all monies will be returned to the charterer. No further liability of any sort shall be attached to the owner. In the event that the charterer cancels and the owner is able to re-charter the yacht for the same period all monies will be returned less an administration fee of 20% (minimum £40).

2. Cruising Limits The yacht is insured for the Irish sea area as indicated by the attached diagram. The RYA / DOT stability category is 2, which allows operation up to 60 nautical miles from a "safe haven".

3. Racing The charterer shall not use the vessel for racing unless agreed in writing with the proprietor prior to charter. The charterer will be required to pay an additional racing insurance premium and will remain personally liable for 2/3 the cost of repairing any damage to spars or sails while the yacht is racing.

4. Insurance and Liabilities

4.1 The owner shall insure the yacht and her equipment against fire, marine and collision risks with third party damage cover of not less than £ 2,000,000 subject to a policy deductible of no greater than the security deposit and excluding any damage to sails unless caused by the above risks.

4.2 Notwithstanding the provisions of clause 4.1, the charterer shall indemnify the owner in respect of any loss or damage to the yacht or her equipment or any other equipment or liability arising out of act or omission of the charterer, his servants or agents or any member of his party or any other person invited onto the yacht, which is not for any reason covered by the owner's insurance.

4.3 A security deposit shall be paid prior to the charter, such that it is cleared into the owner's bank account prior to the commencement of the charter. In the event of a late booking preventing time for a cheque to clear, the security deposit shall be paid in cash before the charter commences. The owner may retain and apply the security deposit in reduction or extinction of the following: (a) any liability of the charterer to the owner, howsoever the same shall arise. (b) The cost of repairing any loss or damage to the yacht her equipment or furnishings which occurs during the charter and which is for any reason not recoverable under the yacht's insurance, however the same shall occur. (c) The cost of repairing is to cover both loss or damage notified to the owner or that which becomes apparent after the charter but is attributable to the charter. (d) Any liability arising from damage caused to third party property. (e) The cost of returning fuel, gas etc. to their levels prior to the charter.

4.4 The owner shall have no liability for death or personal injury, loss or damage to personal property, however caused, suffered by the charterer, his servants, agents or any member of his party or any other person invited onto the yacht, nor for any consequential losses resulting from such incidences.

4.5 The charterer shall not take the yacht outside the cruising limits nor commit any act which may vitiate the owner's insurance or prejudice his right to claim thereunder.

4.6 The charterer will not admit liability to any person for damage caused to the yacht or third party property. He should give the owner's name address and telephone number and provide an immediate verbal report followed as soon as possible by a written report directly to the owner. If the charterer believes the damage to be the liability of a third party, he should use best endeavours to secure witnesses to the event and pass their names, addresses and telephone numbers to the owner.

5. Owners Obligations

5.1 The owner will deliver the yacht to the charterer or his appointed representative in good and seaworthy condition complying with: (a) The provisions made by the Department of Transport in the publication "Safety of Small Commercial Vessels Code of Practice (HMSO 1993), to the extent that said code is applicable to the yacht. (b) Standards and equipment meeting at least the minimum standards of the Yacht Charter Association. For the avoidance of any doubt, the owner and managing agent do not warrant the fitness of the yacht to undertake passages safely within the cruising limits in all weather conditions. The safety of the yacht and its equipment remain the responsibility of the charterer, through his nominated skipper.

5.2 In the event of any loss of time resulting from the owner's failure to comply with the provisions of clause 5.1, the charterer's damages shall be limited to the charter fee and neither the owner nor his managing agent shall have any liability for consequential loss of whatsoever nature.

5.3 The owner or his managing agent will use his best endeavours to deliver the yacht to the charterer at the agreed time and place. If for any reason the yacht or an equivalent alternative shall not be so delivered, a pro-rata refund will be made for each complete 12 hour delay. If such delay exceeds 25% of the charter period, the charterer will be at liberty to treat the charter as terminated and the owner will thereupon return all sums paid. In this event neither the owner nor his managing agent shall be liable to pay the charterer any other compensation for loss or damage of whatsoever nature resulting from the delay, curtailment or cancellation of the charter.

6. Chaterers Obligations

6.1 The charterer warrants that he/she and his/her crew have the experience and competence as formally stated in the booking form and that they are capable of the safe handling of the yacht. He shall appoint a suitably experienced person to be skipper of the yacht, prior to the charter.

6.2 The charterer shall pay for all running expenses during the charter period and to the extent that upon return any consumables that have not been returned to their level upon handover, the charterer shall be liable to the owner for the cost thereof.

6.3 In the event of damage to or failure of the yacht or any incident involving a third party , the charterer shall at the earliest opportunity report such occurrence to the owner or his managing agent and shall comply with any instructions given by him. A list of damage and defects, rectified or not shall be provided by the charterer to the owner upon return of the yacht.

6.4 The charterer shall not lend, sub-charter the yacht. Nor shall the appointed skipper part with control of the yacht, without written consent of the owner or his appointed representative. Nor will the charterer operate the yacht in a manner contrary to National or international rules applicable to the waters in which the yacht is being navigated.

6.5 The charterer, whilst cruising more than three miles offshore, will limit the number of persons to not more than the number stated in the RYA/SCV certificate ( maximum of 5 persons for MULTINET).

6.6 The skipper shall take care of and assume full responsibility for the safety and maintenance of the yacht and its equipment at all times, including periods when the yacht is left unattended. When unattended the skipper is to ensure that the companionway hatch and all lockers are securely locked and that loose valuable items (eg the outboard motor) are properly locked or stowed in locked compartments to discourage theft.

6.7 The charterer shall observe all regulations of customs harbour or other authorities and will not allow the yacht to be used for unlawful purposes.

6.8 The charterer shall not allow any animals on board, without the written consent of the owner.

6.9 The skipper shall ensure that the yacht remains afloat at all times, including periods when berthed. Any inadvertent grounding of the yacht must be reported to the owner.

6.10 At the end of the charter period the charterer shall return the yacht to the owner or managing agent, free of any indebtedness, cleaned internally and externally in the condition as upon delivery and with her inventory complete.

6.11 If the charterer should fail to return the yacht at the time and place agreed, he shall be liable for an additional charge equal to twice the pro-rata daily fee, for every day or part thereof by which the return is delayed, plus any costs incurred by the owner in returning the yacht to the original place agreed. If by prior agreement, or the delay is caused by the operation of a peril covered by the terms hereof or by such damage or failure of the yacht as reported to the owner under clauses 6.3 or 6.9 hereof, these additional charges shall be waived at the discretion of the owner.

7. GENERAL

7.1 The owner or his managing agent shall have the right to accompany the Charterer and/or his skipper for trials prior to delivery. In the event that they are not satisfied as to the ability of the Charter/skipper to handle the yacht safely, they shall be at liberty to terminate this agreement.

7.2 The owner/managing agent shall have the right to restrict the cruising limits of the charterer in the light of the experience of the charterer and/or the anticipated weather conditions.

7.3 The charterer shall only salvage or tow another vessel if the saving of life is involved and/or to secure the safety of the other vessel, but without placing the chartered yacht in peril. Any proceeds of salvage shall belong to the owner. The owner shall only accept a tow, or otherwise risk a salvage claim, if the safety of life and/or the yacht are at stake.

7.4 This agreement is subject to English Law. Any differences or disputes arising out of this charter shall be referred to a soul arbitrator to be appointed by the president for the time being of the London maritime Arbitrators Associations. The provision of the Arbitration acts 1950 and 1972 and any statutory modifications thereof shall apply to any arbitration.

7.5 No action taken by the owner or managing agent, or any failure to act at any time or failure of the owner/managing Agent to insist or enforce their legal rights shall constitute a waiver of any of the provisions of this agreement, which shall remain in full force and effect.

8. DEFINITIONS

8.1 The Owner is the legal owner of the yacht.

8.2 The Managing Agent is any nominated representative of the Owner.

8.3 The Charterer is the person arranging the charter and responsible for payment of all associated fees.

8.4 Charter Contract comprises this signed charter agreement and booking form.

8.5 The Skipper is the person so nominated, who is suitably qualified to take full responsibility for the safe conduct of the yacht and its crew.

8.6 A Peril for the purposes of this agreement shall be any situation where undertaking a passage would put the safety of the Yacht and/or its crew into excessive danger. In any case of doubt the Charterer should confirm the perilous nature of the situation with the owner or managing agent.

8.7 The Security Deposit is a refundable sum paid by the Charterer to the owner/ or managing agent and held to cover losses, damages that may occur during the charter.