Solent Charters & Training

Our Terms and Conditions

Terms and Conditions For Boat Charter
1 DEFINITIONS In this Agreement the following words and expressions shall have the following meanings: “Collection Date” means the date as set out on the front of this Agreement when your Bareboat Charter will begin at the Collection Port. “Collection Port” means the port as set out on the front of this Agreement. “Return Port” means the port as described on the front of this Agreement. “Bareboat Skipper” means the person nominated by you who is responsible for the chartered vessel for the duration of the Bareboat Charter. “Bareboat Skippers Qualifications” means the RYA certificates acceptable to Southsea Ventures Ltd as proof of competence for the purpose of the Bareboat Charter, as described on the front of this Agreement, for the Bareboat Skipper. “Bareboat Charter” means the use of a Southsea Ventures Ltd vessel, as described on the front of this Agreement, for leisure use only. Any use of the Vessel for commercial gain is unacceptable. “Charter Fee” means the fee as described on the front of this Agreement. “Deposit” means the security deposit, refundable on safe return of the Vessel in the condition it was received at the Collection Port, fair wear and tear accepted. “Vessel” means the motorboat, yacht or powerboat, named on the front of this Agreement. 


2 AGREEMENT TO BAREBOAT CHARTER 

2.1 The Customer hereby agrees to engage the Company and the Company hereby agrees to supply a vessel for the Charter Fee, subject to the terms of this Agreement. 


3 PAYMENT OF BAREBOAT CHARTER FEE 

3.1 The customer shall pay to the company 100% of the Charter Fee & the Deposit, on the signing or electronically agreeing to this agreement. If cleared funds are not received before the commencement of the Bareboat Charter the Company will cancel the charter and the Customer will forfeit any monies paid. Deposits are pre authorised on the customers credit card and held if damage to the vessel occurs.

3.2 The customer will pay the recovery and refuelling costs for the vessel if for any reason the companies staff or agents are required to recover the vessel from any port other than two named on the front of this agreement. 


4 COMPANY OBLIGATIONS The Company undertakes as follows:- 

4.1 To deliver and berth afloat the Vessel at the Collection Port by the Collection Date in good and seaworthy condition fully bunkered and with all the necessary gear and equipment. 

4.2 To ensure that the Vessel, her gear and equipment are in good order and condition and in all respects fit, serviceable, and ready for the Bareboat Charter. 

4.3 To ensure that the Vessel complies with, and to provide all necessary documentation in accordance with, the regulations in force for the time being under the laws of the flag state to which the Vessel belongs, including any customs or other fiscal requirements. 

4.4 To keep the Vessel and her equipment insured for her full market value against fire and all the usual marine and collision risks with third party cover of at least £2,000,000 (two million pounds Sterling) and to ensure that the insurance policy applicable to the Vessel extends to the Bareboat Charter by the Customer. 

4.5 To pay all port expenses and harbour dues incurred at the Collection Port and the Return Port. 

4.6 To provide a comprehensive handover of the Vessels machinery, systems and safety equipment and general condition to the Customer and his Bareboat Skipper prior to the commencement of the first Bareboat Charter. Subsequent Charters may not require a full handover but this is at the sole discretion of the Company. 

4.7 In the event that the Vessel is rendered unavailable for the Bareboat Charter before the Collection Date as a result of any defect in her hull, machinery, equipment or gear or through any other cause or reason outside the influence or control of the Company, including but not limited to Act of God, explosion, flood, ice, tempest, fire, accident, extreme weather, drought, war, threat of war, sabotage, insurrection, civil disturbance, requisition, lock-out strike, legislation, restrictions, regulations, prohibitions or measures of any kind on the part of any government or local authority, the Company may postpone or cancel the Bareboat Charter. 

4.8 In the event of cancellation of the Bareboat Charter by the Company before the Collection Date, the Customer will be reimbursed 100% of the Charter Fee or transfer the Charter Fee to another date for the Bareboat Charter that is mutually acceptable to both parties. 


5 CUSTOMER OBLIGATIONS The Customer undertakes as follows:- 

5.1 To forfeit the Charter Fee if the Customer cancels the Bareboat Charter, within 28 days of the scheduled Collection Date. 

5.2 To ensure that Bareboat Skipper and the crew join the Vessel on the Collection Date and present the original Bareboat Skippers Qualifications as required by the Company. 

5.3 If the Customer can not comply with Clause 5.2 at the start of the Bareboat Charter, the Charter will be cancelled immediately and the Customer will forfeit the Charter fee. If a replacement skipper with suitable Bareboat Skipper Qualifications is made available the Company may, in it’s absolute discretion, allow the Bareboat Charter to continue. 

5.4 The Customer must sign the handover document accepting the Vessel and her condition. 

5.5 To ensure that the Vessel is safely manned at all times throughout the Bareboat Charter. Minimum manning will include the nominated Bareboat Skipper at all times and at least one other person competent to crew the vessel. The Customer may nominate more than one Bareboat Skipper. 

5.6 To ensure that at all times during the Bareboat Charter the Vessel is navigated and sailed in a safe and seamanlike manner and to ensure that the Vessel shall arrive at a Marina berth each day before dusk in the same condition that she departed the Collection Port, fair wear and tear accepted. The Vessels berth at the Collection Port, or an alternative berth at that port, will always be available for use during the Bareboat Charter. 

5.7 To pay all port expenses and harbour dues incurred at any port other than the Collection or Return Ports and all other vessel running expenses whatsoever, incurred in relation to the Bareboat Charter. 

5.8 To be responsible for the cost of fuelling of the vessel throughout the Bareboat Charter. The Vessel must be returned full of fuel or a labour fee of £50 & the cost of the fuel will be charged automatically to the customer. 

5.9 To ensure that under no circumstances is the Vessel operated during the hours of darkness, unless a Skipper provided by the Company is on board or has express permission to do so. 

5.10 To assume full responsibility for ensuring all reasonable precautions for the Vessels machinery is maintained, including daily engines checks. 

5.11 To assume full responsibility for the safety of the Vessel, crew and passengers, including, in the case of the Vessel, periods when the Vessel is left unattended. 

5.12 Not to allow the Bareboat Skipper, crew and/or passengers to engage in any conduct that shall render void any insurance policy in relation to the Vessel. This includes but is not limited to engaging in any activity for commercial gain and operating the vessel under the influence of alcohol or recreational drugs. 

5.13 To ensure that the Vessel remains afloat at all times and not to interfere with or change the standard configuration of the equipment on the Vessel. 

5.14 To ensure that the Vessel is berthed securely at the Return Port with full fuel tanks on completion of the Bareboat Charter. If the Vessel is not fuelled the Company will charge the Customer the current price to refuel the yacht. 5.15 To indemnify the Company against any liability caused as a result of the Bareboat Skipper, Crew or passengers being in possession of any illegal substances during the Bareboat Charter. 

5.16 To ensure that there are no illegal substances aboard the Vessel during the period of the Bareboat Charter. 

5.17 To indemnify the Company against any liability caused as a result of any failure of the Bareboat Skipper, Crew and/or passengers to comply with any and all regulations of Customs, Immigration, Harbour and other Authorities during the Bareboat Charter. This includes contravention of the International Regulations for Prevention of Collision at Sea. 

5.18 To ensure that at no time the Vessel is used for water sports involving towing. This includes but is not limited to water skiing, wakeboarding, inflatables, donuts and racing. This prohibition is an insurance requirement. 

5.19 To ensure that in the event of any accidents, regardless of howsoever caused, that the Company is informed immediately so that the Company can make an appraisal of the vessels condition. 

5.20 To agree to completing any claim forms and assist with the gathering of information required by our insurers, at best speed, to resolve any claims arising during the Bareboat Charter regardless of who is deemed to be at fault.

5.21 The Customer is liable for the first £1000 of any damage or in the event of a claim against the Company insurance for the Vessel. 

5.22 The interior of the Vessel will be returned in the same condition as at initial handover. Exterior cleaning is not normally the customer’s duty as the Company expects to perform a normal exterior clean after each charter. If any interior cleaning or additional exterior cleaning is required it will be charged at £50 per hour. 

5.23 The customer must return any parking passes back to the yacht. Missing or lost parking passes with be charged at £50. 

5.24 If the Vessel is return late and the following charter is affected then all costs caused by the late return are to be paid by the customer. 


6 AREA OF OPERATIONS & WEATHER 

6.1 This is defined on our website at : http://www.solentboatcharters.com/sailing-yachts/bareboat-charter 

6.2 Sailing by fair weather only. As a guide this is up to wind force 5 on the Beaufort scale, possibly gusting force 6. 


7 TERMINATION 

7.1 The Company may, in its absolute discretion, elect to terminate the bareboat Charter before the agreed Return Date if they consider this to be in the interest of the safety of the Customer or Vessel. 

7.2 If any illegal substances are found on board the Vessel by the Company staff or agents the Company reserves the right to terminate the Bareboat Charter immediately. The Customer will forfeit the full Charter Fee. 

7.3 If the Bareboat Charter is terminated under clause 7.2, or any other reason deemed to be the fault of the Customer, they may choose to accept the boat at any safe port and the Customer will be required to vacate the Vessel and travel from this location at their own cost. 


8 LIEN 

8.1 The Company shall have a lien over the Deposit for all the monies payable under this Agreement and any other claims against the Customer arising from or in connection with this Agreement. 

9 LIMITATION 

9.1 Any claim arising from or in connection with this Agreement to be brought by one party against the other shall be brought within six months of the termination of the Bareboat Charter, failing which such claims shall be time-barred. 


10 SEVERANCE 

10.1 The invalidity in whole or in part of any clause in this Agreement shall not affect the validity of the remainder of such clause or this Agreement. 


11 LAW AND JURISDICTION 11.1 This Agreeme

Southsea Ventures Ltd T/A Solent Charters

 

BOOKING CONDITIONS OF SOLENT BOAT TRAINING 


1. Students must be 12 years old or over, please check individual course details as some course have a higher minimum age. Under 18`s must have booking form signed by parent or guardian. 


2. A £250.00 per person per course deposit must be paid when booking; with the balance paid at least 28 days prior to the start of the course. A booking is final when all payments have been made and Solent Boat Training has received the booking form. Courses costing less than £250 require full payment at the point of booking.


3. CANCELLATION BY STUDENT

 In the case of cancellation by the student, if insufficient notice is given as per details below in 3.1 - 3.3 and/or your cancelled place on the course is not filled by another student on a fee paying basis, you will forfeit the entire course fee. 

3.1 Students cancelling a course with 28 days or more notice from the course date will receive a full refund of course fees. 

3.2 Students cancelling a course with 14 days or more notice from the course date will not receive any refund but can select an alternative course date from our live course calendar system.

3.3 Students cancelling a course with less than 14 days notice from the course date will not receive a refund or alternative course date. They will be placed on a reserve list at the goodwill of Solent Boat Training.


4. If, for any reason, Solent Boat Training is unable to offer the confirmed course we will refund the deposit and any balance paid. Solent Boat Training will not be responsible for any other costs including accommodation or transportation.


5. All students must not be under the influence of alcohol or illegal drugs at any time. Smoking is not permitted in the training centre or on board any training vessel.


6. Students should ensure that they are physically able to take part in the course. Any preexisting medical conditions must be declared at the time of booking. Details of any medication being taken must be recorded on the booking form and the Instructor must also be informed at the time of boarding. Failure to comply with this clause will invalidate any claim against Solent Boat Training arising from any medical complaint not previously disclosed. 


7. Students must comply with reasonable instructions of Solent Boat Training staff at all times throughout the course. The decision of any Solent Boat Training Instructor is final. 


8. Solent Boat Training, its servants, agents and employees are not under any liability, whatsoever in respect of personal injury, loss or damage to personal effects howsoever caused whilst attending a Solent Boat Training course. It is recommended that students take out their own travel insurance. 


9. Any complaints must be made in writing within 28 days from the completion or cancellation of the course, complaints received after this date will be invalid. This does not affect your right to provide feedback on the forms provided by Solent Boat Training. 


10. OWN BOAT TUITION 

10.1 The price and number of days quoted assume fair weather and no mechanical failure. Should tuition be delayed for either of these reasons the usual daily rate will be payable and any additional days will be charged at the standard daily rate. 

10.2 Any additional days instruction required will be charged at the standard daily rate. 

10.3 Solent Boat Training may, in its absolute discretion, elect to terminate the tuition before the Vessel if the tuition is delayed by any of the reasons set out in Clause 10.1. 

10.4 It is the responsibility of the owner of the vessel to inform their insurance company that they are receiving instruction by a professional instructor and wishes the insurance to cover the instructor, and his/her liabilities, for the duration of his/her time on board. It is a condition of this booking that the owner of the vessel is in command of the vessel at all times. By signing the declaration above, you accept to comply unconditionally with this clause. 


11. LIMITATION 

Any claim arising from or in connection with this Agreement to be brought by one party against the other shall be brought within six months of the completion date of the course or delivery, failing which such claims shall be time barred. 


12. SEVERANCE 

The invalidity in whole or in part of any clause in this Agreement shall not affect the validity of the remainder of such clause or this Agreement. 


13. LAW AND JURISDICTION 

This agreement shall be governed by and construed in all respects in accordance with the Laws of England and shall be subject to the exclusive jurisdiction of the English Courts.


Accepted Payments