Yacht Charter for racing action, sailing adventures and training with

52 Black Lion Lane
London W6 9BE
tel 07770 390856
peter@chsailing.co.uk
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 misleading
• 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.