Between the Undersigned Parties it has been Agreed as Follows:
Owner Name: Barbados Offshore Sailing Syndicate
hereinafter referred to as the “Owner”,
Charter Agent Name: Sail Race Crew
hereinafter referred to as the “Charter Agent”,
hereinafter referred to as the “Charterer”.
Article 1 – THE YACHT
Designer / Builder: Botin and Carkeek
Build year: 2006
Sails: Full wardrobe of racing sails
Article 2 – CHARTER PARTICULARS
Place of Charter:
Cruising Range: Race boundaries as described in the NOR and SI’s
Maximum number of guests on board: 11 when offshore racing otherwise 15
Owner Crew Consisting of Skipper and up to 2 crew as required
Accommodation on board is not included in port before or after the racing and training
Article 3 – THE RESPONSIBILITIES
The Owner will see to it that the yacht will be at the designated place of boarding and in “ready to race” condition by the dates and terms prescribed by the Charterer. Race entry fees, docking and harbor fees are at the expense of the Charterer, as well as any on-board food and drink, personal sailing/wet weather gear, team shirts, transport to and from the yacht and accommodation ashore.
Article 4 – PAYMENT & CANCELLATION
Charter Fee ()
To be paid as follows:
First Installment: Due date:
Security and Damage deposit: Due Date:
to the following Account and it shall be deemed paid only when cleared:
See Terms & Conditions for details of Cancellation Policy
Article 5 – SPECIAL CONDITIONS
TP52 Conviction for the racing and training days
Safety equipment on board ie Lifejackets
Flights, transfers to and from the yacht and accommodation
Food and drinks when racing and training
Immigration, regatta entrance fee, docking and harbor fees
Personal sailing gear and wet weather gear
Article 6 – CHARTERER AGREEMENT TERMS AND CONDITIONS
- The Charter Agreement and Charter Deposit
1.1 This charter agreement is made between undersigned parties. The Agreement is made in accordance with Barbados Law and the jurisdiction of the Barbados courts. Information given by the Charterer via Charter Agreement or via a Charter Reservation fee/Deposit forms the basis of a contract and the Charterer will be accepting the Charter Agreement Terms and Conditions for themselves and members of their party. If any part of this Charter Agreement Terms and Conditions is found to be invalid or unenforceable then the remainder of this Charter Agreement Terms and Conditions will remain valid and enforceable.
1.2 The Charterer shall charter the Yacht for the Charter Fee. The Charter Reservation Fee/Deposit will be paid to the Charter Agent and the signed Charter Agreement together with these Terms and Conditions constitutes the Agreement between the undersigned parties. The Balance of the Charter Fee shall be paid to the Charter Agent no later than 90 days before the start of the Charter Period. If the Agreement is made within 90 days then the full Charter Amount will be paid to the Charter Agent unless otherwise agreed.
1.3 The Terms of the Charter come into effect upon signing of the Charter Agreement and/or receipt of the Charter Reservation fee/Deposit by the Charter Agent and remain in effect until the completion of the Charter Period as defined in the Charter Agreement.
- Delivery of the Yacht
2.1 At the start of the Charter Period the Charterer will have the opportunity to inspect the Yacht with the Owner’s Captain or Owner’s Representative to ensure that the yacht, its equipment, fixtures and fittings and sail wardrobe are in proper working order. Acceptance of the Yacht (prima facie) shall imply that the Yacht, its equipment, fixtures and fittings and sail wardrobe are in proper working order.
- Obligations of the Owner
3.1 The Owner will ensure the Yacht is, at the start of the Charter Period, in full commission and in good condition with all items specified in the Inventory aboard.
3.2 The Owner will deliver the Yacht to the Charterer at the agreed time and location as per the Charter Agreement. The Owner reserves the right to choose a different location at its discretion if necessary and will endeavour to inform the Charterer as soon as possible before the start of the Charter Period. No compensation will be paid to the Charterer for any costs incurred due to a change in delivery location.
3.3 If for any reason the Yacht shall not be delivered for the start of the Charter Period then a pro rata refund shall be made to the Charterer for each 12-hour delay. If for any reason the delay shall exceed 48 hours the Charter shall become Null and Void and the Charter Deposit shall be returned to the Charterer along with the proportion of the Charter fee already paid but without liability for either party to pay compensation to the other.
- Obligations of the Charterer
4.1 The Charterer shall limit the number of their party to that agreed on the Charter Agreement and will ensure that the names and contact details of all members of the party are included on the Charter Agreement or otherwise notified to the Owner prior to the start of the Charter Period.
4.2 At no time during the Charter Period will the Charterer allow any animals or illegal goods such as drugs, firearms or explosives on-board the Charter Vessel.
4.3 The Charterer will ensure the details supplied on the Charter Agreement are correct.
4.4 No expenses are to be paid by the Charterer on behalf of the Owner without prior consent.
4.5 The Charterer will pay all running costs and expenses incurred as part of the Charter Agreement during the Charter Period unless otherwise agreed.
4.6 The Charterer will provide food and drink on-board for the Owner or Owners Representative and crew during the Charter Period unless otherwise agreed.
- Insurance and Liabilities
5.1 The Owner shall insure the Vessel for its full value against fire and collision risks with protection and indemnity cover in place. Such insurance does not include cover for injury or loss of life for any person on-board against which the Charterer should insure prior to the Charter Period.
5.2 The Owner shall not be liable for any injury or loss or damage save as required by law or any loss or damage to the charterer’s property or any member of the Charterers party nor for any consequential loss resulting from such incidents.
5.3 Should a major breakdown of gear or machinery occur during the Charter Period so as to make the yacht unseaworthy, the Owner will endeavour to repair or replace the Yacht as required. The Owner will endeavour to substitute the Charter Vessel in such circumstances as required for a similar vessel if possible and at its discretion. If for reasons beyond its control the vessel cannot be made seaworthy or substituted a pro rata refund will be made for the period during which the vessel was unseaworthy.
5.4 The Owner and Charter Agent will pay no compensation to the Charterer for loss or non-availability of the vessel prior to or during the Charter Period howsoever such a claim may arise.
6.1 The Charterer agrees to accept the authority, decisions and instructions of the Owner’s Captain and Representative during the programme.
6.2 At all times the decision of the Captain/Owners Representative is final on all matters. Should the Charterer interfere with the well-being of the Captain or other Clients during the Charter Period through difficult or disruptive behaviour, the Captain/Owners Representative has full authority to dismiss the Agitator(s) from the programme or vessel. In such event there will be no recourse to any refund. The Captain has full authority to decide when to sail or race, with regard to weather conditions and the well-being of the crew, or to return to port after the commencement of a passage due to the above or defects to the yacht at any time at their discretion and their decision is final.
7.1 By the Charterer
Cancellation by the Charterer must be in writing and is effective upon receipt by the Charter Agent. In the event of cancellation by the Charterer the following charges shall apply:
- More than 120 days: Loss of Reservation Fee (20%) only
- More than 90 days: Loss of Reservation Fee (20%) and Deposit (30%)
- Less than 90 days: 100% of the total Charter Fee.
7.2 If the Owner is able to re charter the vessel then the Charterers Liability is limited to 50% of the Charter Fee
7.3 By the Owner
The Owner will not normally cancel less than 90 days prior to the start of the Charter Period except for unusual or unforeseen circumstances beyond its control. In the unlikely event of cancellation by the Owner the Charterer will be given the choice of an alternate option or yacht where possible. If the Charterer does not wish to choose an alternate programme/option then a full refund will be given, including the reservation fee. In the unlikely event that changes to the advertised programme occur the Owner reserves the right to make such changes as required.
7.4 The Owner reserves the right to substitute another similar vessel for the advertised one at its discretion or cancel the Charter at any time, for any reason including weather conditions and non-availability of the original vessel. If the Owner cancels the charter then a full refund will be paid to the Charterer. If the original vessel is not available and the Charterer refuses the offer of the substitute vessel the Owner reserves the right to retain the Charter Fee at its discretion.
7.5 The Owner will pay no compensation or refund to the Charterer where change or cancellation to the programme is due to force Majeure or actions of the race event organisers. No liability is accepted by the Owner for any costs or expenses incurred by the Charterer in the event of changes to the programme or cancellation by the Owner including without limitation sailing days missed due to severe weather.
- Media releases and image rights waiver
The Charterer grants the Owner and affiliated companies and organisations the absolute right and permission to use their name, voice, image, likeness, biographical material as well as representations of the yachts in any media (being television, print and internet media), including video footage, for the sole purposes of advertising, promotion, reporting and disseminating information regarding the Owner and affiliated companies.
- Branding and Sponsorship
The Owner retains the branding and sponsorship and naming rights to the chartered Vessel at all times before, during and after the agreed Charter Period. No branding or signage may be applied to the vessels hull or sails or rigging without prior written agreement with the Owner and the Owner reserves the right to remove any signage or branding applied to the hull, sails or rigging at the Charterers costs and rename the vessel at its discretion for the purposes of entry to regattas and races.
- Security and damage deposit
10.1 The Charterer shall ensure the Security and Damage Deposit as set out in the Charter Agreement is paid to the Charter Agent before the start of the Charter Period. The Deposit is to be paid via cleared funds into the nominated bank account of the Charter Agent and will be returned no later than 5 working days after the end of the Charter period in the event that there are no damages or claims in respect to it.
10.2 The Charterer agrees as per clause 2 that the vessel and its associated parts are in sound condition at the start of the Charter Period.
10.3 The Security and Damage Deposit covers the following:
a. Damage to the vessels hull
b. Damage to the vessels fixtures and fittings both above and below decks
c. Damage to the vessels tender and outboard engine if used
d. Loss or damage to the yachts equipment
e. Unpaid expenses incurred by the Charterer during the Charter Period as per clause 4.4 and 4.5
f. In the event of contravention of clause 9 the Charter Agent reserves the right to deduct the full amount of the damage and Security Deposit or any part thereof as payment for naming and branding of the Yacht or as is required to make good the vessels hull, sails or rigging.
g. Where damage to sails has been incurred the Owner reserves the right to replace the sail rather than repair it if the repaired sail would be inferior to the sail prior to when the damage incurred.
10.4 Where damage to the yacht has occurred or costs have been incurred by the Charterer the Charter Agent will retain the Security and Damage Deposit or a part thereof until all repairs and replacements and costs incurred have been settled.
10.5 The Charter Agent will supply a detailed breakdown of any damage and repair bills and costs and expenses incurred to the Charterer including receipts where possible.
Article 7 – UNDERTAKING
I have read and understand the Terms and Conditions and confirm that I consider them fair and reasonable. I agree to be bound by then subject to the terms and conditions for this the booking form including any special conditions set out herein.
Agent: Sail Race Crew
Owner: Barbados Offshore Sailing Syndicate
Regatta’s onboard Conviction
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