Charter Terms and Conditions

CONTRACTUAL PARTNERS

The charter party is concluded between the charter company and the charterer and may be concluded through the intermediary of the agency if need be.

Payment, cancellation, non-performance of the charterer

1. Unless otherwise stated in the charter party, payment in full must be made at the time of the booking.

2. In important cases the charter company may withdraw within 30 days of the conclusion of the charter party.

3. If the charterer is unable to attend the charter, he must inform the charter company immediately. If the charterer is unable to attend and informs the charter company within 2 weeks before the charter was intended to happen then a full refund will be granted to the charterer. If the charterer cancels within two weeks of the intended charter date then they will be issued a 50% refund. The charterer is strongly recommended to take out voyage cancellation costs insurance.

4. Shall the charterer be unable to effect payments within the periods stated in the contract, the charter company is entitled to withdraw from the contract.

OBLIGATIONS OF THE CHARTER COMPANY

1. The agreed yacht will be delivered to the charterer in a clean, sailable, sea-worthy condition, and with full tanks.

2. If the agreed yacht cannot be delivered at the date agreed in the charter party (e.g. because of average, unseaworthiness as a result of an accident in the preceding charter etc.) the charter company may deliver an equivalent yacht without prejudice to the warranty claims of the charterer in so far as there are defects in the replacement services.

3. To hand over the vessel with a the fuel tanks full and the water tanks full.

THE CHARTERER WARRANTS AND UNDERTAKES THE FOLLOWING:

1. to observe the principles of good seamanship,

2. to possess a good command of seamanship and sufficient experience in the command of a yacht or to appoint a responsible skipper with such capabilities. If the charterer or his skipper does not possess the necessary license or certificate of competence to skipper a yacht of the agreed class, the charter company reserves the right to refuse to handover the yacht, retaining the charter price, or to appoint a skipper in the name of and for the account of the charterer.

3. to observe the laws of any country he might visit and to report the arrival and departure of the yacht to the harbor master.

4. Not to use the yacht for the purposes of business or trade, not to take on board any persons not being a member of his immediate group, not to hand over or hire the yacht to a third party without the written consent of the charter company and not to transport any hazardous goods or materials,

5. not to leave the maritime region of the charter company without the prior written consent of the charter company,

6. not to make any changes to the yacht or its equipment.

7. to handle the yacht and its equipment with care, always to wear sailing shoes when on board, to maintain the log book in a simple form, prior to the commencement of charter to inform himself in detail about the area to be travelled, e.g. currents, and sea level changes during strong winds etc.,

8. not to leave the protective harbor if winds over 7 on the Beaufort scale are forecast,

9. to return the yacht in proper working order, in an orderly condition with all equipment properly stowed and with full tanks, failure to do this will mean that the cost of filling the tanks and stowing equipment will be deducted from the deposit,

10. to inform the charter company immediately by phone or telegraph in the event of damage, collision, average or other unusual events. To prepare a written account in the event of damage to the yacht or injury to persons, and to have this countersigned by the harbor-master or doctor,

11. always to have the yacht towed by its own line in the event of average or similar events, and to make no agreement about towing or salvage,

12. to check the condition of the yacht and check that all its equipment and items listed on the inventory are complete, both on taking over and returning the boat (the check list), and to confirm this by means of a signature,

13. to report complaints concerning the yacht without delay to the yacht’s base and to note these in the delivery or return documents. Claims notified at a later date cannot be considered,

14. where applicable, to sign charter parties required by law or the charter company’s own contract forms before taking over the yacht.

15. To never leave the yacht unattended when at anchor.

16. To return the vessel on the agreed date with full fuel tanks.

HOXTON CHARTERS LIABILITY

1. The charter company shall only be liable towards the charterer for loss or damage arising from intent or gross negligence on the part of the charter company.

2. The Yachts and their equipment are comprehensively insured The refundable security deposit will be required at the base to cover the excess for any damage incurred to the yacht or damage to or loss of ancillary equipment. However, should damage or loss to yachts and equipment be caused as a result of gross negligence then the charterer will be liable for the full amount of repair, replacement and any resulting costs The security deposit needs also be deposited if the charter company has provided a professional skipper.

CHARTERER’S LIABILITY

1. If the charterer leaves the yacht at any place other than the agreed location for any reason whatsoever, the charterer shall bear the costs for the return of the yacht by water or by land if the return at the yacht extends beyond the time period of the charter, the yacht shall be deemed to be returned by the client at the time of its arrival in the agreed harbour.

2. Late return of the yacht and non-usability of the yacht caused by the charterer shall be grounds for claims for compensation by the charter company. The charter contract shall be deemed to be extended until the return of the yacht.

3. Attention is drawn to the fact that the conclusion of hull insurance by the charter company does not mean that the charterer is not liable for loss or damage not covered by the insurance expressly reserved the right of recourse to the charterer. This applies particularly to damage caused by gross negligence, intent or failure to observe the conditions of the charter party, and for any consequential loss or damage.

4. to return the yacht in proper working order, in an orderly condition with all equipment properly stowed and with full tanks, failure to do this will mean that the cost of filling the tanks and stowing equipment will be deducted from the deposit.

5. to inform the charter company immediately by phone in the event of damage, collision, average or other unusual events. To prepare a written account in the event of damage to the yacht or injury to persons, and to have this countersigned by the harbour master or doctor.
6. always to have the yacht towed by its own line in the event of average or similar events, and to make no agreement about towing or salvage.

7. to check the condition of the yacht and check that all its equipment and items listed on the inventory are complete, both on taking over and returning the boat (the checklist), and to confirm this by means of a signature.

8. where applicable, sign charter parties required by law or Hoxton Charters own contract forms before taking over the yacht.

9. not to leave the protective harbour if winds over 7 on the Beaufort scale are forecast.

MISCELLANEOUS/SUBSIDIARY AGREEMENTS/ INFORMATION SEPARABILITY CLAUSE

1. The charter period may only be extended with the agreement of the charter company. Delays due to repairs during the charter period cannot be compensated.

2. If there should be obvious errors in the invoicing of the charter price and the extras, the charter company and the charterer have the right and the obligation to correct the charter price in line with the valid price list This does not affect the legality of this contract.