bareboat booking t&c’s

These Terms of Business form an integral part of all quotations and contracts provided by Bluetooth RIB Charter.

Charter and Payment

1.1 The Operator shall let on bareboat charter and the Charterer shall hire the Vessel for the Charter Period for the Charter Fee.

1.2 If over 21 days from charter date, a 30% advance payment is required. (Full pre-payment is acceptable). Full payment is required if charter is within 21 days. The Advance Payment is paid by way of a deposit to secure the Vessel for the Charter Period and shall be paid to the Operator on the signing of the Bluetooth booking agreement acknowledging acceptance of these terms and conditions. On payment by the Charterer of the Advance Fee, the Operator agrees not to enter into any other agreement for the charter of the Vessel for the same period. If charter is secured by deposit, full balance is required 14 days prior to charter.

2. The charterer is liable for the first £2,500 of any damage caused and to cover any liability of the Charterer to the Operator up to this amount. This is the excess on the insurance policy.  This can be reduced to £1250 with a £75 non refundable payment.

2.2 Such money shall not prejudice the right of the Operator to recover any unsatisfied balance of such liability from the Charterer.

2.3 Under no circumstances can we accept cash payment.  Payment by cheque or any other method must be cleared before the operator can confirm the charter.

3. Operator’s Obligations

3.1 Subject to the provisions of clause 3.3, the Operator shall at the beginning of the Charter Period deliver the Vessel to the Charterer, or his representative, in good and seaworthy condition in compliance with the MCA’s Code of Practice for the Safety of Small Commercial Motor Vessels. At a time convenient to the Charterer and for a reasonable duration, the Charterer may inspect the Vessel before the start of the Charter Period in the company of a representative of the Operator.

3.2 Subject to the provisions of clause 3.3 the Operator will use all reasonable endeavours to deliver the Vessel to the Charterer in the aforesaid condition at the agreed time and place but in default, whether as a result of a breach of 3.1 or otherwise, if Bluetooth RIB Charter is unable to fulfil a booking Bluetooth RIB Charter will immediately inform the client. No liability shall attach itself to Bluetooth RIB Charter beyond the refund of the full fee paid by the client(s) or unused portion thereof. In the event of foul weather, clients will be offered alternative dates. Bluetooth RIB Charter reserves the right to cancel any booking at his discretion. In such event, Bluetooth RIB Charter will give reasonable notice to the client and will refund the full amount of any deposit or charter fee.

3.3 The Operator will not liable under clauses 3.1 or 3.2 if such failure is as a result of an event, circumstance or cause beyond its reasonable control (“a Relevant Event”).  If the Operator asserts that a Relevant Event has prohibited it from performing any of its obligations then it shall notify the Charterer as soon as reasonably practicable and take reasonable steps to minimise the effect of the Relevant Event.

4. Insurance and Liabilities

4.1 The Vessel and her equipment shall be insured on the terms of the Institute Yacht Clauses or on comparable terms for her full value with third party damage cover of no less than £2,000,000 subject to a policy deductible no greater than the amount described in 2. 

Although the vessel is fully insured, we strongly recommend that charterers have personal insurance providing cover against personal accident, medical and emergency expenses, loss of baggage, personal effects and money, cancellation and travel disruption.

4.2 The Charterer shall indemnify the Operator in respect of any loss or damage to the Vessel or her equipment or any other expense or liability arising out of any act or omission of the Charterer, his servants or agents or any member of his party which is not for any reason covered by the Vessel’s insurance.

4.3 The Operator shall have no liability for death or personal injury suffered by the Charterer, his servants, agents or any member of his party unless caused by its negligence or wilful default.

4.4 The Charterer shall neither take the Vessel outside the cruising limits nor do any other act which may vitiate the Vessel’s insurance or prejudice the Operator’s right to claim thereunder.

4.5 In the event of damage to or failure of the Vessel or any incident involving a third party, the Charterer shall at the earliest opportunity (and in any case within 2 hours) report such occurrence to the Operator and shall comply with any reasonable instructions given.

4.6 In the event of major damage to the Vessel during the Charter Period involving a claim on the Vessel’s insurance or in the event of a breakdown of gear or machinery rendering the Vessel unseaworthy and/or unusable, a pro rata credit will be made for the period during which the Vessel was unseaworthy or unusable provided that neither the Charterer nor any member of his party caused or contributed to the damage or breakdown and provided also that the Operator shall not be liable to the Charterer for any other compensation in respect of damage or breakdown whether in respect of consequential or financial loss or otherwise, save where damage or breakdown is caused by the negligence of the Operator and results in death or personal injury.

4.7 Personal effects / valuables. Charterers are solely responsible for their personal belongings whilst travelling with us. Any valuables taken aboard our vessels are done so at entirely at your own risk and the company accepts no responsibility for them whatsoever. Particular care should be taken of mobile phones, camera equipment and any valuables and steps to avoid them getting wet or lost overboard should be taken if you choose to take them aboard rather than left safely behind prior to departure

5. Charterer’s Obligations

5.1 The Charterer will restrict the navigation of the Vessel to the Cruising Limits and to those areas within the Cruising Limits in which the Vessel (i) is legally entitled to be navigated and (ii) can be safely navigated by the Crew in the prevailing conditions.

5.2 If the Charterer fails to accept delivery of the Vessel within 24 hours of the start of the Charter Period and has not by then notified the Operator of his intention to accept delivery later during the Charter Period, the Operator may treat this Agreement as terminated without prejudice to its rights to recover any unpaid portion of the Charter Fee.

5.3 The Charterer warrants that he and the Crew have the experience and competence described on the Operator’s Booking Agreement and that they are capable of safely handling the Vessel.

5.4 The Charterer shall pay all running expenses during the Charter Period and to the extent that on redelivery any consumables have not been restored to their handover levels, the Charterer shall be liable to the Operator for the cost thereof.

5.5 The Charterer shall not sub-charter or part with control of the Vessel without the prior written consent of the Operator.

5.6 The Charterer shall take care of and assume full responsibility for the safety and maintenance of the Vessel and its equipment at all times including when unattended. When the Charterer leaves the Vessel unattended, the Charterer shall remain fully responsible therefor and should take all reasonable precautions to secure the Vessel and the equipment and gear on board.

5.7 The Charterer shall not allow the Vessel to dry out or be stranded and shall ensure that the Vessel is moored only at a secure and well maintained mooring point. The Charterer shall not anchor the Vessel in a place where anchoring is restricted or that is not suitable for anchoring such a vessel.

5.8 The Charterer shall neither use the Vessel for any purpose other than private pleasure cruising for himself, his crew and guests nor race the Vessel without the prior written consent of the Operator.

5.9 The Charterer shall limit the number of persons in his party to not more than the number of seats on the Vessel, except by prior agreement with the Operator, such agreement to be contingent on the Charterer’s party not exceeding the number of places on the Vessel licensed by the appropriate authority which is eight.

5.10 The Charterer shall observe all applicable rules, regulations and laws whether of customs, harbour or other authorities or otherwise.

5.11 The Charterer shall not allow any animals on board the Vessel without the prior written consent of the Operator.

5.12 The Charterer shall provide the Operator with the full names and ages of all members of the crew and his guests as soon as reasonably possible and in any event not later than one week before the start of the Charter period, and shall not allow any third parties on board without the prior written consent of the Operator, such consent not to be unreasonably withheld.

5.13 The Charterer will not use the Vessel for a stag or hen group, nor for a school party or youth group nor for any commercial purpose without the Operator’s prior written consent. The Operator may withhold its consent in its absolute discretion.

5.14 The Charterer will not permit the Vessel to be navigated in any way while anyone on board is, or appears to be, under the influence of alcohol or prohibited substances.

5.15 The Charterer shall not do or permit any act or omission which may result in the seizure, arrest or distraint of the Vessel.

5.16 In the event of accident to or breakdown of the Vessel the Charterer shall obtain the name of any other vessel involved and the names and addresses of the people on board that vessel, take photographs of the vessels involved and of any damage that has occurred and contact the Operator or its appointed agent immediately and proceed in accordance with the Operator’s reasonable instructions.

5.17 If the Vessel breaks down at sea the Charterer shall act as a prudent uninsured and shall use best endeavours to contact the Operator for guidance and shall not permit the Vessel to be towed or take any other action that could lead to a claim for salvage unless advised to do by rescue or coastguard authorities.

5.14 The Charterer shall redeliver the Vessel to the Operator at the Port of Redelivery or at such other place as may be agreed between the parties at the end of the Charter Period cleaned, in no worse condition as on delivery (fair wear and tear excepted) and with her inventory complete. If the Charterer fails so to redeliver the Vessel, he shall be liable for twice the pro rata Charter Fee for every day or part of a day by which redelivery is delayed unless such delay is caused by the operation of an insured peril or circumstances which are proven to be beyond the Charterer’s reasonable control.

5.15 The Charterer’s obligations under this Agreement shall continue until redelivery.

6. Notice of withdrawal

6.1 Cancellation by client or booking agent must be in writing or verbally then confirmed in writing. Cancellation charges will become effective. Refunds to be issued as follows:

14 days or less = 0% refund of full charter fee.

15 days to 59 days= loss of 30% deposit.

More than 60 days= refund or re schedule.

6.2 Changes to bookings – should you wish at any time to alter your booking, Bluetooth RIB Charter will make every effort to try to make the necessary changes, but cannot guarantee to do so.

7. General

7.1 References in this Agreement to a “Consumer” means any Charterer who is a natural person and is acting for purposes which are outside his trade, business or profession.

7.2 Prior to handover the Operator may require a sea trial of up to one hour’s duration and if the Operator is not reasonably satisfied as to the ability of the Charterer and his party to handle the Vessel safely it may terminate this Agreement as if the Charterer had given written notice of withdrawal at this time and the provisions of Clause 6.1 shall apply.

7.3 The Operator shall have the right to restrict the Cruising Limits in the light of the experience of the Charterer and members of his party, and/or the actual or anticipated weather conditions.

7.4 Save as otherwise provided in the terms of business of the Operator, and subject to the statutory rights of the Charterer if contracting as a Consumer, the provisions of this Agreement shall exhaustively and exclusively govern the rights and obligations of the parties.

7.5 This Agreement is subject to English law. In the event of a dispute arising under this Agreement, the parties agree to use reasonable endeavours to resolve such a dispute by negotiation and, if such negotiation fails, to consider referring the dispute to alternative dispute resolution under the dispute resolution procedures adopted from time to time by the British Marine Federation. Save as aforesaid, in the case of a Charterer contracting otherwise than as a Consumer, any dispute arising under this Agreement shall be submitted to the exclusive jurisdiction of the Courts of England and Wales; in the case of a Charterer contracting as a Consumer, any dispute shall be submitted to the non-exclusive jurisdiction of the Courts of England and Wales.

7.6 If any provision of this Agreement is held by any court or other competent authority to be void or unenforceable in whole or part, this Agreement shall continue to be valid as to the other provisions thereof and the remainder of the affected provision.

7.7 There are some circumstances where we will share your details with other marine charter companies/ marine professionals and venue locations. At all times, your privacy remains paramount, and we will endeavour to minimise the data shared.

8. Health and safety

In addition to the enjoyment of our RIB Charters, safety is of paramount importance on all charters. Clearly RIB rides and other adventurous activities are hazardous by their nature and participants, parents and guardians must accept that there are risks during fast moving adventurous water-based activities

8.1 Power boating can be a dangerous activity and requires an adequate level of fitness and good health. It is the charterer’s and members of their party responsibility to advise Bluetooth RIB charter of any medical information which may affect your/their ability to sail, irrespective of how minor the condition. If any member of the party suffers from any medical condition, have any allergies or take any medication Bluetooth RIB Charter must be advised at the time of the booking. Please ensure that all members of your party are made aware of this information.

8.2 RIB’s whilst safe and exciting are also dynamic and are likely be subjected to significant shock loads. This event will not suit those who have neck, back, hip, knee, ankle or foot problems or any other medical condition made worse by shock loads. RIB’s will not suit those who are either pregnant or are of notable stature and are unsuitable for those who have consumed alcohol or taken intoxicating drugs.

8.3 Ensure that all members of your party are made aware of above information

8.4 A risk assessment is available prior to all charters and is discussed at the boat briefing along with present and predicted weather, tides and sea conditions, experience, age and health of the charterer. Any charterer will be refused to travel with Bluetooth RIB Charter if they are unfit through drink or drugs or pose a risk to themselves, the craft or other members of the crew. Please inform Bluetooth RIB Charter if any member(s) of the group have consumed excessive alcohol prior to any departure.

8.5 Bluetooth RIB Charter reserves the right to terminate your charter at any time if your behaviour is unacceptable. In this instance, we have no obligation to pay for any return travel costs or to refund any monies paid to us.

9.  Thirds Party Vessels

9.1 Bluetooth RIB Charter does act as booking agents for third party vessels.  The Service consists of putting Owners and Renters in contact with each other to facilitate the  Rental of Boats, and the management of payments between Users. All Users understand and accept that Bluetooth RIB Charter is and remains a third party to contracts concluded between Owners and Renters. As such, Bluetooth RIB Charter cannot be bound to fulfil Users’ obligations in their place and cannot be held liable for any breaches by Users or Professional Owners of their contractual obligations. In the context of relations between Renters and Professional Owners, the Professional Owner’s rental contract takes precedence over anything provided by Bluetooth RIB Charter. All Users undertake to comply with the terms and conditions contained in contracts issued by Professional Owners.

THE PARTIES ACKNOWLEDGE that they have read and understood the terms and conditions above and have caused this Agreement to be duly executed by ticking the booking agreement accepting them and duly signing the booking agreement.