skippered booking t&c’s

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

 

1. Charter and Payment

1.1 The Operator shall let on skippered 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. Security Deposit

2.1 The charterer agrees to be liable for a £500 security deposit which the Operator may request and retain to apply the Security Deposit in reduction or extinction of any liability of the Charterer to the Operator, save that no retention shall be made in respect of liability, loss or damage occasioned by the negligence of the skipper.

2.2 Subject as aforesaid, the Security Deposit or any balance remaining shall be returned to the Charterer within 14 days after redelivery or, in the event of dispute, upon the determination of such dispute.

3. Operator’s Obligations

3.1 The Operator shall at the beginning of the Charter Period deliver the Vessel to the Charterer or his representative in good, seaworthy condition complying with the MCA’s Code of Practice for the Safety of Small Commercial Motor Vessels.

3.2 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. but shall have no further liability to the Charterer in respect of the curtailment or cancellation of the Charter including without prejudice to the generality of the foregoing liability in respect of consequential or economic loss or loss of use or enjoyment.

3.3 The Operator will not be 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 minimize the effect of the Relevant Event.

3.4 The Operator shall provide an experienced skipper suitably qualified by the Royal Yachting Association (RYA) who shall be at the disposal of the Charterer for the navigation of the Vessel to ports within the Cruising Limits as the Charterer may direct and who shall, so far as is consistent with the safety of the Vessel and her guests and crew, comply with all reasonable requests of the Charterer. The skipper shall however have absolute authority in matters of navigation, seamanship and safety and shall be entitled to require the Charterer and all members of his party to comply with all reasonable orders where the Charterer or any member of his party might otherwise endanger the Vessel or any person on board, or vitiate the Vessel’s insurance, or prevent or be likely to prevent timely redelivery at the end of the Charter Period or otherwise be prejudicial to the Operator’s interests.

4. Insurance

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 liability cover of no less than £2,000,000 and subject to a policy deductible no greater than the Security Deposit.

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 of or damage to the Vessel or her equipment or any other expense or liability arising out of any act or omission of the Charterer or any members of his party which is not for any reason covered by the Vessel’s insurance.

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

4.4 The Charterer and members of his party shall do nothing which may vitiate the Vessel’s insurance or prejudice the Operator’s right to claim thereunder.

4.5 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, unless damage or breakdown is caused by the negligence or wilful default of the Operator and results in death or personal injury.

4.6 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. Charterers’ Obligations

5.1 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.

5.2 The Charterer warrants that he and all members of his party have the experience and competence stated in the Operator’s Booking Request Form. Further, the Charterer warrants the medical fitness of himself and all members of his party for the passages and other activities envisaged hereunder.

5.3 The Charterer and all members of his party shall give the skipper such assistance as shall reasonably be required in handling the Vessel and shall comply promptly with the skipper’s instructions.

5.4 The Charterer shall pay for all running expenses and provisions for the skipper 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 neither use the Vessel for any purpose other than private pleasure cruising for himself and his party nor race the Vessel without prior written consent of the Operator.

5.6 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.

5.7 The Charterer shall provide the Operator with the full names ages and permanent addresses of all members of his 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.

5.8 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 Skipper’s prior consent. The Skipper and/or Operator may withhold its consent in its absolute discretion.

5.9 The Charterer will not permit any member of his party to board or remain on the Vessel while they are or or appear to be under the influence of alcohol or prohibited substances.

5.10 The Charterer and all members of his party shall take all reasonable care of the Vessel and its equipment.

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

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

5.13 The Charterer shall do nothing to interfere with the redelivery of 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 interferes with the redelivery of the Vessel as aforesaid, he shall be liable for a sum not exceeding 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 other circumstances which are proven to be beyond the Charterer’s control.

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

7.3 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.

7.4 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.

7.5 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.

7.6 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. 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.