Shepherds (Windermere) Ltd. Company Reg No 12013308. VAT Reg No 326 4660 03.
Skippered Charter Terms and Conditions
Agreement between
Shepherds (Windermere) Ltd ("The Operator")
AND
The lead person/s making the booking as confirmed in email / phone correspondence ("The Charterer")
Charter Period: as confirmed in email / phone correspondence
Charter Fee: as confirmed in email / phone correspondence (comprising Advance and Balance Payments)
Deposit Payment: as confirmed in email / phone correspondence
Balance Payment: payable PRIOR TO DEPARTURE
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 The Deposit 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 date specified as confirmed in email / phone correspondence. On payment by the Charterer of the Deposit, the Operator agrees not to enter into any other agreement for the charter of the Vessel for the same period. The Balance Payment and any Security Deposit shall be paid to the Operator no later than the date stipulated in email / phone correspondence. All monies payable hereunder are deemed due on the date hereof.
2. Security Deposit
2.1 The Operator may retain and apply a 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, and provided always that such retention shall be without prejudice to the right of the Operator to recover any unsatisfied balance of such liability from the Charterer.
2.2 Subject as aforesaid, the Security Deposit or any balance remaining shall be returned to the Charterer within 14 days after the Charter Period 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 conditions for commercial charter laid out by the appropriate authority.
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, its liability shall be limited as follows:
3.2.1 Cancellation by the Operator: 100% refund of the deposit and any Balance Payment which has been received at the point of cancellation. The Charterer and the Operator agree that the Operator is not liable for any additional costs or expenses incurred by the Charterer such as but not limited to taxi fares, hotel costs, photography fees, food and refreshments, etc,.
3.2.2 Cancellation by the Charterer: The Operator will retain the Deposit Payment and refund any Balance Payment which has been received at the point of cancellation.
3.3 The Operator shall provide an experienced skipper suitably qualified who shall be at the disposal of the Charterer for the navigation of the Vessel 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 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.
4.2 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. The Operator and/ or its skipper shall have no liability for the loss of, or damage to, any personal effects or valuables belonging to the Charterer or any member of his party.
4.3 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.
4.4 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.
5. Charterers' Obligations
5.1 The Charterer warrants the medical fitness of himself and all members of his party for the passages and other activities envisaged hereunder.
5.2 The Charterer shall neither use the Vessel for any purpose other than private pleasure cruising for himself and his party.
5.3 The Charterer shall limit the number of persons in his party to not more than the number of persons confirmed in email / phone correspondence prior to departure.
5.4 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.
5.5 The Charterer will not permit any member of his party to board or remain on the Vessel while they are or appear to be under excessive influence of alcohol or prohibited substances.
5.6 The Charterer and all members of his party shall take all reasonable care of the Vessel and its equipment.
5.7 The Charterer shall observe all applicable rules, regulations and laws and accepts that the skipper’s word is final in all matters.
5.8 The Charterer shall not allow any animals on board the Vessel without the prior written consent of the Operator.
6. General
6.1 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.
6.2 The Operator shall have the right to restrict the Cruising Limits in the light of actual or anticipated weather conditions, or for any other reason of safety of all persons on board.
6.3 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.
6.4 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.
6.5 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.
THE PARTIES ACKNOWLEDGE that they have read and understood the terms and conditions above and have caused this Agreement to be duly executed on the date that the booking was confirmed by way of the payment of the Deposit.