DEFINITIONS
In these Conditions, the following terms shall have the following meanings: “Company” – Our Boys of Cowes Limited and its successors and assigns.
“Client” – the person or persons named as such on the Booking Form.
“Passengers” – Client and the persons identified by Client who will use the Boat during the Charter.
“Crew” – anyone, other than a Passenger or Skipper, appointed by Company to man the Boat during the Charter period.
“Charter” – the hiring of the Boat from Company for the Charter Period, subject always to these Conditions.
“Booking Form” – the form, signed by Client and used by Company to record various details relating to the Charter.
“Boat” – the boat subject to the Charter.
“Skipper” – the person appointed by Company to be in charge of the Boat at all times during the Charter.
“Charter Period” – the duration of Client’s Charter.
“Weather” – the weather conditions relevant to the Charter Period and the Course.
“Course” – the planned course of the Boat over the Charter Period.
“port” – includes designated ports and harbours and any other anchorage.
“Charter Price” – the total amount payable for the Charter, as stated on the Booking Form and including the cost of any and all extra items.
“Damage” – any and all loss of, and damage to: the Boat or any part of it; and, any fixtures and fittings, whether permanent or temporary, on or associated with the Boat.
“put to sea” – the Boat has put to sea as soon as it has ceased to be attached to any quay, jetty or bouy or has weighed anchor.
“including” – including, but without being limited to.
In these Conditions, as the context requires: the singular includes the plural (and vice versa); and, terms of one gender include the equivalent terms of the other gender; headings are for ease of reference and shall not form part of these Conditions. GENERAL AGREEMENT
Client shall Charter the Boat, and Company shall make the Boat available, for the Charter Period.
Client shall identify Passengers to Skipper before the Charter Period commences and, in any event, before Passenger board the Boat.
Under no circumstances will the Boat put to sea with more people aboard than the maximum number provided for in the Booking Form signed by Client. Skipper has absolute authority to refuse to put to sea if he knows or believes that this condition will be breached if he puts to sea.
AUTHORITY
Skipper has absolute authority on the Boat. If Skipper is unable to exercise this authority, it shall be deemed delegated to a member of the Crew who will then be “Skipper”. If there is no Crew aboard or if Crew is unable to take such authority, or to exercise it, then Client shall have limited authority as follows. To: (i) issue a distress message, by radio, flare or other means; (ii) agree to be towed to safety by another vessel; (iii) agree to be boarded by a competent third party for the purposes of taking control of the Boat so as to bring her into a safe position; (iv) steer the Boat so as to avoid danger.
Client shall be responsible for Passengers and their behaviour both on board the Boat and otherwise.
Passengers shall follow any and all legal instructions given by Skipper.
If Passengers, or any of them, refuse to carry out Skipper’s instructions or are incapable of doing so, for whatever reason, then Skipper shall have total discretion as to his actions, including summarily terminating the Charter by putting into the closest available port and requiring Passengers, or any of them, to leave the Boat.
Skipper, Crew, Passengers and Boat are subject at all times to law. If any authority requires Skipper to handle the Boat in any particular manner or to take the Boat to any particular place, then Skipper or Crew shall be free to comply and Passengers shall have no recourse against Skipper, Crew or Company as a result. HEALTH, SAFETY & BEHAVIOUR
Skipper has total authority over Passengers in respect of health and safety in connection with the Boat, whether or not it has put to sea.
If Skipper decides that Passengers, or any of them, are at risk from themselves; the Weather; or, any other source, then Skipper’s decisions are final and unappealable. Such decisions may include refusing to put to sea; deciding to put into the nearest available port and then refusing to put to sea again from there; altering the Course; and, terminating or cutting short the Charter.
Client shall take all reasonable steps to ensure that Passengers do not put themselves, others or the Boat in danger during the Charter.
Passengers shall wear such safety clothes and equipment as are required by Skipper. WEATHER
Skipper’s interpretation of the Weather shall be final and unappealable. If Skipper decides that the Weather is unsafe, he can decide not to put to sea or to bring the Boat into the nearest avaible port according to timing decided by Skipper.
If Skipper decides that the Weather does not allow adherence to the Course, Skipper shall decide an alternative course which shall then become the Course for the Charter.
IF THE BOAT CANNOT PUT TO SEA BECAUSE OF WEATHER, COMPANY’S OBLIGATIONS IN RESPECT OF THE CHARTER SHALL BE DEEMED MET AND THE CHARTER PRICE SHALL BE PAYABLE IN FULL (OR SHALL NOT BE REFUNDED, AS THE CASE MAY BE). TIME, TIDES & DELAY
The ability to put to sea or come into port may depend on tides or other physical conditions. Skipper is solely responsible for deciding when the tide is, or conditions are, right to put the boat to sea or to bring the boat into a particular port.
The Boat depends on wind power while sailing so accurate timing is not always possible. Skipper will try to meet Client’s timing requirements but does not guarantee to do so and is not required to use unreasonable or special efforts to do so. If, for any reason, Client requires Skipper to put the Boat under engine power, rather than sail, then Skipper is free to require Client to pay for the fuel used as a result. PRICE & PAYMENT
The Charter Price is payable according to the Booking Form. If the Charter Price is not so paid, then the Charter shall be deemed cancelled and the cancellation charges, as set out in the Booking Form, shall apply. LIABILITY & INSURANCE
COMPANY, SKIPPER AND CREW (“CSC”) SHALL HAVE NO LIABILITY WHATSOEVER AND HOWSOEVER ARISING IN CONNECTION WITH THIS AGREEMENT OR THE CHARTER UNLESS, AND THEN ONLY TO THE EXTENT THAT, SUCH LIABILITY ARISES FROM THE NEGLIGENCE OF CSC LEADING TO PERSONAL INJURY OR DEATH.
WITHOUT PREJUDICE TO THE THE FOREGOING, CSC SHALL HAVE NO LIABILITY WHATSOEVER AND HOWSOEVER ARISING FOR ANY LOSS OF, OR DAMAGE TO, PERSONAL PROPERTY (INCLUDING MONEY, CLOTHING, WATCHES, EYE-WEAR, CAMERAS, OR PHONES) OWNED OR IN THE POSSESSION OF PASSENGERS.
CSC SHALL BE AND REMAIN INSURED AGAINST THIRD PARTY LIABILITY.
CLIENT SHALL BE LIABLE TO CSC FOR ANY AND ALL DAMAGE CAUSED BY PASSENGERS IN CONNECTION WITH THE CHARTER. ANY DEPOSIT TAKEN IN ADVANCE OF THE CHARTER SHALL NOT BE CONSTRUED AS A LIMITATION OF CLIENT’S LIABILITY IN THIS REGARD.
IF CLIENT IS TWO OR MORE PERSONS, THEN EACH SHALL BE JOINTLY AND SEVERALLY LIABLE IN CONNECTION WITH THESE CONDITIONS AND REFERENCES TO “CLIENT” SHALL BE CONSTRUED TO MEAN ALL PERSONS COMPRISING “CLIENT” AND EACH OF THEM, AS THE CONTEXT REQUIRES.
CANCELLATION
The Charter may be cancelled by Client in accordance with the Booking Form. If the Booking Form provides for cancellation charges, then they shall be paid as required by the Booking Form.
The Charter may be cancelled by Company at any time and without reason being given. If Company exercises this right to cancel otherwise than as provided for in these Conditions, then it shall refund the Charter Price, or that much of it as has then been paid. In all other cases, the Charter Price shall be forefeit or shall be paid in full as if the Charter had been completed as planned.
COMPLETE AGREEMENT
These Conditions, the Booking Form and any other documents referred to therein (“Documents”) shall comprise the entire contract between Company and Client relating to the Charter. No other terms and conditions and no correspondence, statements or documents, howsoever and whensoever made, shall form part of such contract and no terms shall be implied unless, and then only to the extent that, by law they cannot be excluded.
Documents may only be varied by the written consent of Company.
Documents may be varied by Company at any time and from time-to-time. However, no such variation shall have any effect in relation to Charters for which deposits have been received by Company at the time of the variation.
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