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Terms and Conditions of Charter

The summary of our Terms and Conditions set out below is a simplified version of the full Terms and Conditions which form part of the Charter Agreement.

We think they are fairly straightforward, but please contact us if you have any queries.

- A SUMMARY OF OUR TERMS AND CONDITONS OF CHARTER -

CHARTER AND PAYMENT

  • The prices shown are not subject to VAT and no VAT will be charged.
  • To book the yacht a signed charter form must be received with the booking deposit. Westbound Charters will complete and countersign the agreement and return a copy to the charterer. A full copy of the Terms and Conditions forms part of the Charter Agreement.
  • The balance plus the security deposit is due a minimum of four weeks prior to the start of the charter. All cheques must clear through the bank prior to the commencement of the charter.
  • Payment is requested by cheque or cash. A security deposit via a separate cheque for £300 must be sent at the same time as balance of payment. This cheque will not be cashed unless damgage occurs, and will be returned within one week of the end of the charter unless loss or damage occurs.
  • Cancellations should be made in writing as early as possible. In the event of a new charter being found the deposit will be refunded minus a 10% administrative charge. If this is not possible then the charterer remains obliged to pay the full charter fee. We strongly recommend holiday insurance to cover this type of event.

SECURITY DEPOSIT

  • Your Security Deposit will not normally be cashed during the charter and will be returned provided the Yacht is re-delivered in a satisfactory condition to our base at Linnhe Marine at the end of the charter. The deposit or part of it will be retained in the event of:
    1. damage to the yacht or its equipment
    2. items missing from the inventory
    3. cleaning charges
    4. any liability or uninsured losses incurred by Westbound Charters

TAKING DELIVERY OF THE YACHT

  • Prior to taking responsibility for the boat the Charterer will inspect the Yacht in order to satisfy himself that it is in seaworthy condition, its fixtures and fittings in sound condition and the equipment in good working order.
  • The Skipper and one senior member of his crew shall be available for the precharter briefing and handover of the Yacht with Westbound Charters' representative at the appointed handover time.
  • The Skipper will be given an inventory of the Yacht's removable equipment on handover and must check this. Any items of the equipment lost or damaged must be paid for or replaced.
  • Westbound Charters reserves the right to refuse to hand over the Yacht to anyone who, in Westbound Charters' opinion, is not suitable to take charge. No reason needs to be given by Westbound Charters. In this event, the Charter Fee and Security Deposit will be refunded in full and the Charterer will have no further claim against Westbound Charters.

OBLIGATIONS OF WESTBOUND CHARTERS

  • Westbound Charters undertakes to deliver the Yacht to the Charterer at the start of the Charter Period in what Westbound Charters reasonably believes to be a seaworthy and suitable condition for cruising for pleasure within the stipulated Cruising Limits.
  • If the Yacht is not delivered to the Charterer at the agreed time and place, a pro-rata refund may be made to the Charterer. If such delay exceeds 48 hours the Charterer is at liberty to cancel the charter and have their Charter Fee and Security returned.
  • Westbound Charters' maximum liability under this Agreement is limited to the total amount of the Charter Fee paid.
  • Every attempt has been made to provide an accurate description of the Yacht, but Westbound Charters reserves the right to change equipment and specification where necessary.

INSURANCE AND DAMAGE

  • The Yacht is insured for the usual marine and collision risks, including third party liability. The charter should note that this Insurance does not cover personal effects, including motor vehicles, left at the base, nor does it cover loss or damage to sails, nor a dinghy which is towed behind the Yacht, or any use of the Yacht other than cruising for pleasure purposes. Personal accidents do not fall within the scope of Westbound Charters' insurance and the Charterer should ensure that he/she and all crew members are adequately covered.
  • Westbound Charters shall have no liability for death or personal injury suffered by the Charterer, his servants or agents, or any member of his party, or any other person except insofar as such death or personal injury is caused by the express act, default or negligence of Westbound Charters. Westbound Charters shall have no liability for any loss or damage howsoever arising out of the Charterer's use of the Yacht.

OBLIGATIONS OF THE CHARTERER

  • The Charterer shall not sub-let or hand over control of the Yacht without the written consent of Westbound Charters.
  • The Charterer will not take the Yacht outside the Cruising Limits nor do or permit any other act which might invalidate the Yacht's insurance.

The Cruising Limits for Firebird For Day Skipper charterers are:

The area from Fort William South to Puilladobhran and NW up the Sound of Mull as far as Tobermory and Loch Sunart, excluding Loch Etive and Loch Don.

The Cruising Limits for Firebird For Coastal Skipper charterers are:

For a one week charter: not north of Applecross on the Scottish mainland, excluding the Outer Hebrides but including the entire coast of Skye and the Small Isles; not south of the Mull of Kintyre, nor into the Caledonian or Crinan Canals, nor into Loch Etive or Loch Don.

For a two week charter: As above but including the Outer Isles and the NW coast as far as Lochinver. Crossing the Sea of the Hebrides is subject to prudence and the constraint that the vessel be no more than 20 miles from a safe haven.

  • The Charterer is responsible for all running expenses during the Charter Period including the cost of water, fuel, harbour dues, mooring fees and all provisions for himself and his party.
  • The Charterer shall take good care of the Yacht during the Charter Period and shall operate the Yacht in a safe and seamanlike manner. The Yacht should not be used for any purpose other than private pleasure cruising and must not be raced. The Charterer assumes responsibility for the safe navigation of the Yacht at all times during the Charter Period, including the security of the Yacht when in harbour, at anchor, or when left unattended. The only exception to this is when a skipper is provided by Westbound Charters.
  • One other crew member should be capable of taking over from the skipper in the event of the skipper becoming incapacitated.
  • In the event of a breakdown or accident the Charterer should report to Westbound Charters as soon as possible. The Charterer shall comply with any reasonable instructions given by Westbound Charters or their representatives or insurers. No repairs are to be put in the hands of any other party without the prior consent of Westbound Charters. Receipts must be retained.
  • The Charterer shall accept personal responsibility for the safety of himself and all members of his party. He is responsible for ensuring the correct use of safety equipment on board the vessel. The charterer and crew should recognize that sailing is potentially dangerous, and that Westbound Charters cannot be held responsible for any injuries sustained in the course of operating the yacht.
  • If the Charterer fails to comply with any of the Terms and Conditions, Westbound Charters may terminate the Agreement and resume possession of the Yacht.

END OF CHARTER

  • The yacht must be returned, cleaned and free of all personal belongings by 12.00 noon on the last day of the charter. If a delay looks inevitable for any reason, the Charterer shall keep Westbound Charters informed. The Charterer's obligations under the Agreement shall continue in force until eventual re-delivery.

DISPUTES

  • This Agreement is subject to the law of Scotland.