eos yacht charters
terms and conditions - 2000
| <BACK to Booking
Form
The yacht EOS is operated by EOS Yacht Charters and is registered in the UK. The Charter Agreement is made between EOS Yacht Charters ("EYC") and the individual booking the charter ("the Charterer").Charter fee and payment terms The charter fee agreed between EYC and the Charterer includes the cost of the hire of the yacht, its professional skipper and crew, food and drink, use of all equipment on board including wet weather gear, fuel, mooring fees and the yacht’s insurance. The non-refundable deposit due at the time of booking and the payment terms for the balance are set out in the EOS 2000 Brochure. EYC reserves the right to re-allocate the berth(s) to another charterer in the event that payments are not made in accordance with this agreement. Cancellation by the Charterer Cancellation by the Charterer must be notified to EYC in writing. In the event that cancellation is notified 1 month or more before the charter date, the deposit and any payments made, up to a value of 50% of the charter fee, will be forfeited. In the event that cancellation is notified less than 1 month before the charter date (or where the agreement is for a series of charters, before the first charter date in the series), the charter fee will be forfeited unless EYC is able to rebook the cancelled berth(s). If the cancelled berth(s) is re-booked, 50% of the charter fee will be forfeited. Cancellation by EYC In the event of severe weather preventing sailing, damage to the yacht or non-availability of the yacht for any other reason whatsoever, EYC reserves the right to cancel the charter at any time up to and including the date of the charter. An alternative day will be offered to the Charterer. If none is available suitable to both parties, the charter fee will be refunded in full as the exclusive remedy to the Charterer who shall have no further claim for any loss or damage whatsoever resulting from the cancellation of the Charter Agreement. Safety and insurance EOS holds a current MCA Category 2 certificate (for voyages up to 60 miles from a safe haven) and is presented to the Charterer in a good state of seaworthiness with all equipment in good working order. The yacht carries all safety and medical equipment as required by Department of Transport Code of Practice for Small Commercial Vessels ("the Code"). The qualifications and experience of the skipper and mate, which includes training in First Aid, comply with the Code. EOS is insured on customary marine terms including third party liability up to a maximum of £2 million on any one claim. The yacht’s papers are carried on board and are available for inspection. However, charterers are advised that EYC does not carry insurance for personal injury, illness, loss or damage to personal belongings or for cancellation for any reason. Charterers must arrange their own insurance for these risks and ensure that their existing policies on which they wish to rely will cover this activity. Authority The skipper on board EOS on the day of the charter has absolute authority and his/her instructions should be adhered to at all times. The skipper will comply with all reasonable requests of the Charterer but the skipper will be the sole judge of all matters concerning seamanship and the safety of the yacht. If the Charterer fails to comply with the reasonable instructions of the skipper concerning seamanship and the safety of the yacht, the skipper may return the yacht to the port of embarkation whereupon the charter will be terminated and the Charterer will not be entitled to repayment of any part of the charter fee or any other remedy. Disclaimer of liability All members of the Charterer’s party will be required to sign a disclaimer of liability before departure from the port of embarkation. Any members of the Charterer’s party refusing to sign a disclaimer of liability will not be permitted to sail on the yacht. Insofar as is permitted by law, the owner of EOS and his representatives will not be liable for any loss, damage, death or personal injury to any member of the Charterer’s party whether taking an active part in sailing the yacht or not. General This agreement is governed by the laws of England. Any dispute arising out of the will be referred to a single arbitrator to be appointed in default of agreement by the Chairman of the Council of the Royal Yachting Association in accordance with the Arbitrations Acts 1950 and 1972 and any statutory modification thereto. <BACK to Booking
Form Published: 06 Feb 2006 |