Terms and Conditions
Article 1 – THE YACHT
Designer / Builder: Botin and Carkeek
Build year: 2006
Sails: Full wardrobe of racing sails
Article 2 – CHARTER PARTICULARS
Event: See booking form
Place of Charter: See booking form
Cruising Range: Race boundaries as described in the NOR and SI’s
Charter schedule: See booking form
Maximum number of guests on board: 11 when offshore racing otherwise 15
Owner Crew Consisting of Skipper Clint Brooks 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 Client. Race entry fees, docking and harbor fees are at the expense of the Client, 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 see invoice
To be paid as follows: see invoice
to the following Account and it shall be deemed paid only when cleared:
BANK ACCOUNT: Sail Race Crew
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
Food and drinks when racing and training
Regatta entrance fee, docking and harbor fees
Flights, transfers to and from the yacht and accommodation
Personal sailing gear and wet weather gear
Article 6 – AGREEMENT TERMS AND CONDITIONS
- The Agreement and Deposit
1.1 The Agreement is made in accordance with Barbados Law and the jurisdiction of the Barbados courts. Information given by the Client via Agreement or via a Personal Information From forms the basis of a contract and the Client will be accepting the Agreement Terms and Conditions for themselves and members of their party. If any part of this Agreement Terms and Conditions is found to be invalid or unenforceable then the remainder of this Agreement Terms and Conditions will remain valid and enforceable.
1.2 The Client shall pay the Reservation Fee/Deposit to the Agent and the signed Agreement together with these Terms and Conditions constitutes the Agreement between the undersigned parties. The Balance of the Fee shall be paid to the Agent no later than 90 days before the start of the Event. If the Agreement is made within 90 days then the full Charter Amount will be paid to the Agent unless otherwise agreed.
1.3 The Terms of the Charter come into effect upon signing of the Agreement and/or receipt of the Reservation fee/Deposit by the Agent and remain in effect until the completion of the Event as defined in the Agreement.
- Delivery of the Yacht
2.1 At the start of the Event the Client 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 Event, 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 Client at the agreed time and location as per the Agreement. The Owner reserves the right to choose a different location at its discretion if necessary and will endeavour to inform the Client as soon as possible before the start of the Event. No compensation will be paid to the Client 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 Event then a pro-rata refund shall be made to the Client for each 12-hour delay. If for any reason the delay shall exceed 48 hours the Charter shall become Null and Void and the Deposit shall be returned to the Client along with the proportion of the Fee already paid but without liability for either party to pay compensation to the other.
- Obligations of the Client
4.1 The Client shall limit the number of their party to that agreed on the Agreement and will ensure that the names and contact details of all members of the party are included on the Agreement or otherwise notified to the Owner prior to the start of the Event.
4.2 At no time during the Event will the Client allow any animals or illegal goods such as drugs, firearms or explosives on-board the Vessel.
4.3 The Client will ensure the details supplied on the Agreement are correct.
4.4 No expenses are to be paid by the Client on behalf of the Owner without prior consent.
- 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 Client should insure prior to the Event.
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 Client’s property or any member of the Clients party nor for any consequential loss resulting from such incidents.
5.3 Should a major breakdown of gear or machinery occur during the Event 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 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 Agent will pay no compensation to the Client for loss or non-availability of the vessel prior to or during the Event howsoever such a claim may arise.
6.1 The Client 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 Client interfere with the well-being of the Captain or other Clients during the Event 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 Client
Cancellation by the Client must be in writing and is effective upon receipt by the Agent. In the event of cancellation by the Client 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 resell the spot onboard the vessel then the Clients Liability is limited to 50% of the Fee
7.3 By the Owner
The Owner will not normally cancel less than 90 days prior to the start of the Event except for unusual or unforeseen circumstances beyond its control. In the unlikely event of cancellation by the Owner the Client will be given the choice of an alternate option or yacht where possible. If the Client 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 participation in the Event at any time, for any reason including weather conditions and non-availability of the original vessel. If the Owner cancels the participation in the Event then a full refund will be paid to the Client. If the original vessel is not available and the Client refuses the offer of the substitute vessel the Owner reserves the right to retain the Fee at its discretion.
7.5 The Owner will pay no compensation or refund to the Client 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 Client 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 Client 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 Vessel at all times before, during and after the agreed Event. 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 Clients costs and rename the vessel at its discretion for the purposes of entry to regattas and races.
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.
Regatta’s onboard Conviction
Would you like to have some more information?
+31 85 301 56 36