1^st Charters Limited Terms & Conditions of Booking

These Conditions of Booking apply to any booking you make and should therefore be read carefully.

1.         The Contract

        This contract is made between 1^st Charters Limited (‘the Company’), registered in England as company number 5249586, and any person(s) or company or firm (‘the Client’) booking a charter vessel, berth or training course (‘the Charter’) with the Company. All bookings accepted by the Company are subject to these terms and conditions. This contract will be construed in accordance with English Law and it is agreed between the Client and the Company that each will submit to the jurisdiction of the English courts.

2.         Bookings

        A completed booking form must be returned accompanied by a non-refundable deposit of 25% of the Charter fee, payable in GBP. The Company may accept provisional bookings by telephone which will normally be held for 5 working days on which the call was received; at the end of this time unless the Company receives a completed Booking Form with the deposit as described above, the provisional booking may be released without further reference to the Client. The signed booking form must be returned to the Company’s office at 7 Old Telephone Exchange, 27 Hamble Lane, Hamble, Hampshire SO31 4JR. Once a booking has been made and a deposit paid the total cost of the Charter will not normally be subject to any surcharges, other than agreed additions to the booking. This does not apply to invoice errors. However, the Company reserves the right to increase or decrease the Charter fee due to variations in cost.

3.         Balance of Payment

        On receipt of the booking form the Company will send the Client a confirmation of booking. This should be checked carefully to ensure that it accurately reflects the requested booking. Full payment, less any prepaid deposit must reach the Company no later than 6 weeks before the commencement of the Charter. Should a booking be made less than 6 weeks before the Charter then a full amount must be paid at the time of booking. If full payment is not received by the due date, the Company reserves the right to cancel the booking with no refund of deposit and apply the cancellations charges stated below. The Client who signed the booking form shall be liable for all charges to which the booking applies and for any other person that the Company were subsequently requested to book for in respect of whom (the Client) was sent an invoice. In the event of any inconsistencies between the provisions of this clause and the invoice, the provisions contained in the invoice shall prevail.

4.         Security Damage Deposit

        A security deposit (‘the Deposit’) may be required by the Company. The Deposit, as stated on the booking form will be paid by the Client to the Company by cash or cheque which will be banked no less than 7 days prior to the commencement of the Charter. The Deposit may be waived in certain circumstances where collision damage waiver insurance has been purchased. The Deposit acts as security against the vessel being returned in a condition other than its condition on the commencement of the Charter and against any loss or damage suffered by the Company, but without prejudice to any claim over and above the security deposit the Company may have. The deposit or the balance, if any, remaining after any deductions have been made shall be returned within 14 days of the return of the vessel to the Company or in the case of any dispute, the deposit or such balance, if any, shall be refunded upon settlement of the dispute. The Company reserves the right to make any deductions up to a value of £200 from the Deposit without any notification to the Client. For amounts in access of £200, the Client will be informed prior to the deduction being made. In the event that the Client does not pay for any other damage deductions prior to leaving the vessel, the Company reserves the right to charge £25 administration fee in addition to the basic charges.

5.         Cancellation

5.1       By the Client

        Cancellation of a booking must be notified to the Company in writing and the effective date of cancellation is the date the Company receives such notification. If the Client serves notice of cancellation of a booking or fails to pay at the specified times the amounts specified in the invoice, the Client will be liable to pay cancellation charges, which are based on a proportion of the invoiced price for the Charter.

        The cancellation charges are as follows:

5.2       By the Company

        It is unlikely that any changes will have to be made to the Charter, however occasionally changes may be made, which the Company reserves the right to do at any time. The Company reserve the right to substitute another vessel of a different type or cancel the Charter at any time, for any reason including weather conditions and non-availability of a vessel. The Company will not normally cancel less than 60 days before the Charter except for Force Majeure, unusual or unforeseen circumstances beyond the Company’s control. In the event of a cancellation, the Client will be given the choice of choosing an alternate date for the Charter. In the event that the Client does not wish to choose an alternate date, the Client will be entitled to a full refund. No compensation will be paid where the changes or cancellation is due to Force Majeure. No liability is accepted for any costs or expenses incurred by the Client in the event of changes or cancellation by the Company.

6.         Client’s Obligation

        The Client agrees that:

i)          The details supplied on the booking form are accurate.

ii)         No animals, plants or illegal goods such as drugs, firearms or explosives will be brought on board.

iii)        No crew other than those specified on the Crew List, which must be submitted prior to the start of the Charter, will be carried on board.

iv)        The vessel will be returned to the home port on the date and at the time specified on the booking form, clear of all personal effects.

v)         No expenses will be paid by the Client on behalf of the Company without prior consent.

vi)        The Client shall be responsible for the actions of their guests at all times and will undertake no action which may render the vessel to become liable to arrest or impounding and shall indemnify the Company in all respects, in the event of a breach of these conditions.

7.         Termination and Repossession

        Should it come to the Company’s attention that the Client is likely to commit a serious breach of any of these conditions the Company may immediately terminate this agreement and take whatever steps necessary to take possession of the vessel wherever it may be. Such termination and taking possession shall be without prejudice to any rights and remedies which may have accrued to the Company prior to the date or by reason of such breach. The Company shall, in these circumstances, have no liability for the unexpired period of the Charter and the Client will forfeit the Charter fee in its entirety.

8.         Consequential Loss Waiver

        In the event that the Client causes malicious or wilful damage to the vessel to such an extent that the Company is unable to charter the same, the Client will be liable for any loss of income for the period of up to 30 days following the end of the Charter.

9.         Insurance

The Company will agree to only use vessels that are insured against all usual marine risks including third party risks. Such insurance policy does not cover injury to, or loss of life (except that caused through negligence of the Skipper), or damage to or loss of property of any person onboard. This insurance must be obtained personally by the Charterer and all crew prior to the Charter. Ensure that the insurance obtained covers the type of sailing Charter being undertaken.

10.       Authority

        The Client and their party agree to accept the authority, decisions and instructions of the Company appointed Skippers, employees and agents or other representatives of the Company during the Charter. At all times the decision of the Skipper will be final on all matters. Should the Client or any member of their party interfere with the well-being of the Skipper or others aboard the vessel, through disruptive behaviour, the Skipper has full authority to dismiss the agitator(s) from the vessel. In such event there will be no recourse to any refund. If the Skipper decides that the vessel should not sail at any time due to adverse weather conditions or should return after departure due to a defect of the yacht or its equipment or the indisposition of anyone aboard the vessel which the Skipper considers vital to safe passage, their decision will be final.

11.       Age Limit

        The minimum age will normally be 16 years of age, if accompanied by an adult or guardian who must be at least 21 years of age. Acceptance of children younger than 16 will have to be agreed at the time of booking the Charter and the agreement of the yacht charter company (the Charterer).

12.       Health

        Sailing can be a dangerous activity and does require an average level of fitness and good health. Consequently the Client is required to authorise the provision of information, including medical information and a certificate to the Company, if requested by the Company. Before any Charter the Client and party will have to complete a Health Declaration Form declaring any medical conditions and sign it.

13.       Licences

        The Company will only book vessels from a third party or company (the Charterer) that they know operate in accordance with the Maritime Coastal Agency (the MCA) rules and regulations. It is the responsibility of the Charterer to ensure that all rules and regulations are abided by, and compiled with, including, but not limited to, those laid down by the Maritime Coastal Agency. Should this condition not be observed, the Company reserves the right to refuse the Charterer to leave the pontoon with the Client and any member of their party aboard, until such a time as the matter has been rectified to the satisfaction of the Company. In the event that it becomes necessary to obtain a licence(s) or a special dispensation from a Marine Authority or regulating body, it is the responsibility of the Charterer to obtain such licence or dispensation. Should it become apparent to the Company that such licence or dispensation has not been obtained, it is then the sole discretion of the Company as to whether the vessel may sail on behalf of the Charterer. In the event that the vessel cannot sail, the Client will be entitled to a refund of 25% of the Charter fee, subject to Clause 5.2, which takes precedence on matters of cancellation. Where a licence or special dispensation has been obtained, it is the duty of the Charterer to inform the Company. In this event it still remains at the discretion of the Skipper as to the total number of crew (including the Client and their party and all professional staff) the vessel may sail with and what sail plan will be used.

14.       Complaints

        The Skipper or other representatives of the Company must be informed of any complaint, during the Charter, so that action can be taken at the earliest opportunity to remedy the problem. If a satisfactory response is not given by the Skipper then the Company should be notified within 28 days of returning home in writing to the Director at the Company’s registered office at 7 Old Telephone Exchange, 27 Hamble Lane, Hamble, Hampshire SO31 4JR, giving the Charter booking details and all other relevant information, and the Company will do its best to resolve the problem. Failure to complain at the time of the Charter will result in extinction or at the very least reduction of any compensation otherwise entitled. It is therefore a condition of this contract that any problem be communicated to the Company or the supplier of services in question AND the Company representative or the Skipper whilst on the Charter and that a written report is obtained. Failure to follow this procedure will mean the Company cannot accept any responsibility as they have been deprived of the opportunity to investigate and rectify the problem.