52 Black Lion Lane
London W6 9BE
tel 07770 390856
Reg. No. 5046089
Vat no. 833 0163 63
Directors: H Cook; P Hopps
TERMS AND CONDITIONS
1. Your contract is with C&H Global Sailing Ltd. When you sign the booking
form and pay the deposit you are accepting these conditions for yourself as charterer
and all members of your crew. The contract will be construed in accordance with
English Law and it is agreed between us that each will submit to the jurisdiction
of English Courts.
2. Bookings must be made on our booking form and accompanied by a deposit of
25% of the charter fee. On receipt of the booking form we will send you a confirmation
of the charter. The balance of the charter fee is due 1 month before the start
of the charter. If the charter is within 1 month of booking, the whole fee must
accompany the booking form. If you fail to pay on time, the company reserves the
right to cancel the charter, with no refund of deposit.
3. The charterer must pay a security deposit as stated on the booking form
to C&H Global Sailing by cash or cheque(which will be banked) not lees than
7 working days before the start of the charter. This is security against the vessel
being returned on a condition other than its condition at the start of the charter,
and against any loss or damage suffered by C&H Global Sailing Ltd due to any
breach of the agreement by the charterer but without prejudice to any claim over
and above the security deposit which C&H Global Sailing Ltd may have. The
security deposit or the balance, if any, remaining after any deductions have been
made will be returned within 14 days of the vessel being returned to C&H Global
Sailing Ltd or in any case of dispute, the security deposit or balance (if any)
will be refunded on the settlement of the dispute.
Charterers are responsible for any damage to vessel during the charter period
irrespective of as to who caused such damage. C&H Global Sailing Ltd is not
liable to replace any item of equipment damaged during the charter period.
4. The charterer will have the opportunity to inspect the vessel and its equipment,
and check and sign the inventory for up to 2 hours after the start of the charter.
After such period, it will be deemed that the charterer is satisfied with its
condition and inventory. At the end of the charter period, the charterer shall
return the vessel to C&H Sailing Ltd., cleaned and in similar condition as
at the start of the charter. C&H Global Sailing Ltd reserve the right to deduct
£50 from the security deposit if the vessel is not returned in a clean condition.
The charterer must report and damage or defects. C&H Global Sailing Ltd and
the charterer will sign for the inventory, but C&H Global Sailing Ltd cannot
accept that the vessel is free from defects that may not be immediately apparent.
If there is a disagreement that cannot be resolved, an independent arbitrator
will be appointed, with the costs of arbitration being shared between C&H
Global Sailing Ltd and the charterer.
5. All payments are non returnable except in the event of the charter being
cancelled by the C&H Sailing Ltd, in which case all monies paid by the charterer
in relation to the charter will be repayable. No further liability of any sort
shall be attached to C&H Global Sailing Ltd. To avoid cancellation losses
it is advisable to take out insurance cover.
6. The charterer hereby agrees:
- That the details supplied on the booking form are accurate, complete and
- Not to take the vessel outside the cruising area he or she has specified
in the sailing itinerary on the booking form
- Not to use the vessel for racing
- Not to bring on board any animals, plants or restricted items or illegal
goods such as drugs, firearms or explosives
- Not to carry crew other than those specified on the crew list which must
be submitted prior to the start of the charter
- Not to leave the vessel unattended at any time while at anchor
- To ensure that the vessel is securely locked and immobilised while in port.
In the event of the vessel being involved in a collision with a third party that
results in damage occurring, not to admit any liability to any person and to record
the incident promptly to C&H Global Sailing Ltd and in writing using the Merchant
Shipping Notice M1383.
- To report as soon as practically possible to C&H Global Sailing Ltd any
mechanical failure, not to commence any repair work without consent from C&H
Global Sailing Ltd, and to use every endeavour to minimalism any damage without
endangering the lives of the crew or the vessel
- Not to pay any expenses on behalf of C&H Sailing Ltd without consent
- To pay all running expenses including harbour and port dues, pilot age fees,
fuel and gas
- Not to take the vessel out in bad weather even if this may lead to the vessel
not being returned on the return date. C&H Sailing Ltd reserves the right
to instruct the charter not to take the vessel if it considers the weather conditions
to be dangerous
- To maintain an accurate ship's log as required by maritime law
- To return the vessel to the agreed port on the date and at the time specified
on the booking form, free from debt and clear ao all personal effects. For each
day or part of a day that the vessel is not on the possession of C&H Global
Sailing Ltd the charterer shall pay one and a half times the daily charter fee.
If it becomes apparent the charterer is unable to return the vessel on the specified
date then they should advise C&H Global Sailing Ltd accordingly, but such
notification shall not affect the charterer's liability for failing to return
the vessel on the return date. C&H Global Sailing Ltd may waive part or all
the additional fee if it accepts that there is good reason for the vessel not
being returned on the return date.
7. C&H Global Sailing Ltd hereby agrees:
- To deliver the vessel to the charterer at Hamble in good and seaworthy condition
with all the items listed on the inventory. C&H Global Sailing Ltd will use
their best endeavours to deliver the vessel to the charterer at the agreed time
and place. If for any reason the vessel shall not be so delivered, a pro-rata
refund will be made to the charterer for each complete 12 hours delay. If such
delay exceeds 25% of the charter period, the charterer shall be at liberty to
treat the charter as terminated and C&H Global Sailing Ltd shall thereupon
return all sums paid for the charter
- C&H Global Sailing Ltd will to provide a skipper. The skipper shall be
at the disposal of the charterer for the navigation of the yacht to the port or
ports within the cruising limits to which the charterer may order the vessel,
and shall so far as consistent with the safety of the yacht comply with the requests
of the charterer. The skipper shall have the power of veto which he may exercise
if it appears to him, in his sole discretion, that the charterer might endanger
the vessel or any person on board, vitiate the owner's insurance, prevent or be
likely to prevent the timely re-delivery of the vessel at the end of the charter
period or otherwise be prejudicial to the owner's interests
- To insure and keep insured the yacht against all usual maritime risks including
third party risks to such an extent that C&H Global Sailing Ltd deem appropriate.
Such insurance policy does not cover injury to or loss of life (except that caused
by the negligence of the skipper), or damage to or loss of property of any person
on board against which the charterer must insure prior to the charter.
8. Should it come to the attention of C&H Global Sailing Ltd that the charterer
is likely to commit a serious breach of any of these conditions it may forthwith
terminate this agreement and take whatever steps are necessary to take possession
of the vessel wherever it may be. Such termination and the taking of the possession
shall be without prejudice to any rights and remedies which may have accrued to
C&H Global Sailing Ltd prior to the date of or by reason of such breach. C&H
Global Sailing Ltd shall, in these circumstances have no liability for the un-expired
part of the charter.
9. Neither party shall be liable if prevented from fulfilling any of its obligations
by an incident of force majeure including an act of God, strikes, lock out, act
of Government or any other occurrence beyond their control.
10. The charterer shall not be entitled to assign the benefits of this agreement
to any third party. No action taken by C&H Global Sailing Ltd or any failure
to act, or time allowed to the charterer or any failure by C&H Sailing Ltd
to insist upon and enforce its strict legal rights shall constitute a waiver of
any of the provisions of the agreement which shall remain in full force and effect.