Terms and Conditions of Booking
1. Definitions: In these conditions and agreement: “The Company” means “Carey Yacht Charters” “The Charterer” means the person or persons named on the booking confirmation. Where there is more than one Charterer they shall be individually responsible and liable under this agreement. “The Conditions” means the conditions set out in this form. “The price” means the price for the booking set out in the booking confirmation. “The start date” means the date when the booking starts as set out in the booking confirmation. “The end date” means the date when the booking ends as set out in the booking confirmation. “The period of charter” means the period between the start date and the end date.
2. Embarkation and Disembarkation: Unless stated otherwise this will mean Embarkation 16:00hrs local time on the first day of your charter Disembarkation 09:30 local time on the last day of your charter
3. Booking agreement: A booking is a legally binding contract. On submission of a signed Booking Confirmation Form the Charterer is entering into a legally binding contract with the company to purchase the services set out on the booking confirmation and the Company agree to supply the services set out in the booking confirmation. Telephone bookings do not create legal agreements and any offer by the Company to hold a reservation is not legally binding except where the Company are authorised by the charter to take payment for the deposit by Credit or Debit card when acceptance by the company shall create the booking agreement though the charterer shall also complete a booking form. The contract includes these conditions which the Charterer accepts having read and agreed them. The entire contract between the Company and the Hirer is contained in these Conditions and the booking form and no representations, terms, warranty or condition expressed or implied shall be deemed to be or have been made or agreed or imported by reference to any other writing, advertisement or conversation. No agent, servant or representative of the Company has any right to alter or vary or waive any of these conditions. Nor is any such person authorised to undertake any liability whatsoever on behalf of the Company. These conditions can only be varied with the written permission signed by the General Manager of the Company. The Charterer acknowledges that no statement or representation which may have been made by or on behalf of the Company induced the Charterer other than as set out in this booking confirmation to enter into the contract. Any liability of the company and any remedy of the Charterer in respect of any such statement or representation is excluded save in so far as liability in respect of any particular statement or representation may not be excluded by law. In accepting a booking, the company’s responsibility does not extend beyond the provision of the booking and in particular there is no warranty that any particular route will be available for navigation during the period of charter. Where more than one berth or boat is booked on the same booking form each berth or boat shall be deemed to be the subject of a separate contract. Bookings for optional extras are taken subject to availability on the start date.
4. Cancellations and Changes: The agreement including the payment terms is a legally binding contract and may not be cancelled or amended except as provided in the Conditions. Should the Charterer wish to cancel or amend the booking they must advise the Company immediately by telephone and at the same time send written confirmation by Recorded Delivery post. The company reserves the right to levy an administration charge of 15% for any alteration to a booking made by the Charter after it has issued a booking confirmation. In the event of a cancellation, the deposit will be forfeited and the hirer will pay the balance price on the due date. The Company may at its discretion waive the balance price if it is successful in re-letting the Charter for the whole of the charter period. It is therefore strongly recommended that the charterer protect themselves against cancellation liability by taking out cancellation insurance. In the event of any claim being disallowed for any reason the charterer remains liable for the full charter charges. In the event of the Company being unable to re-book the charter the charterer will remain responsible for the full charter price.
5. Late Arrival: If a charterer arrives later than the stated time the Company may at its discretion allow the Charterer to take up the booked charter. If the time of arrival is unreasonably late the company may permit the boat upon which the charterer was booked to sail without the charterer. The Company may at its sole discretion allow the Charterer to join the boat at some point on its intended passage but all costs incurred in so doing will be at the Charterers expense.
6. Prices and Payment: Prices unless otherwise stated are inclusive of VAT at the rate ruling at the time of booking at the Company’s discretion any amendment to rates of VAT imposed by the government prior to final settlement of the full price may be added to the purchase price. The booking confirmation and booking statement are not VAT invoices. Prices are in pounds sterling. The Charterer shall reimburse the Company on demand for any expenses incurred in the conversion of foreign currencies, bank charges, special clearance, re-presenting cheques, processing payments or otherwise in obtaining cleared sterling funds of the amount due on the due date. Payment is not made until cash or cleared funds have been received by the Company. The booking deposit must be sent with the booking confirmation and unless otherwise stated is 25% of the total price. The balance of the price is due in accordance with the booking details and may vary dependent upon the Charter. Time of payment shall be of the essence of the contract. For bookings made within final due settlement date must be accompanied by payment in full. Without prejudice to any other rights of the company the company may charge interest (both before and after any judgement) at the rate of 3% over the company’s banker’s base lending rate on any monies due from the due payment date until the date of payment and interest shall accrue from day to day.
7. Insurance: The Company insures the boat and its equipment and inventory against public liability risks. The company’s insurance does not cover personal accidents or loss or damage to personal effects. Charterers are advised to take out their own personal insurance cover. The company reserves the right to require that for certain charters insurance as defined by the company be taken out by the Charterer.
8. Safety: The Charterer agrees to comply with all rules at all times for the health and safety of the persons on the boat as set down by the Company or any individual employed by the Company and having responsibility for Health & Safety on board a boat on the Companies behalf. The Charterer agrees to abide by any directive issued by a skipper of any vessel in so far as such directive relates to the health and safety of either the charter, people on board or the safety of the vessel itself. The Company reserves the absolute right at its discretion without liability to restrict cruising areas or routes in the light of prevailing weather conditions or other adverse situations.
9. Accidents: The Charterer is responsible for reporting of any accident or damage that might occur whilst aboard the Company’s vessel.
10. Medical Fitness: You must be in good physical health at the start of the activity relative to the activity in which you are participating. Whilst the decision as to whether to participate lies with the charterer and by signing the personal information details that forms part of the booking documents you accept responsibility for any risk that you might be exposed to and that is inherent in water sports of the type that you will be participating in. It remains at all times your responsibility to decide if you are fit and healthy enough to commence and continue any activity. You must declare any medical conditions or medication that you may be on. On matters of health & safety the company’s decision and the skipper of your boat on the company’s behalf is final. For certain activities the company reserves the right to require any applicant to undergo a doctor’s examination to confirm their physical fitness to participate in an activity for which they are booking. In the event that as a result of such examination the company are unable to accept the booking a full refund of all monies paid will be made.
11. Exemption: The Company shall not be liable for any matters arising from any cause beyond the Company’s reasonable control or not due to the Company’s negligence or wilful default including (without limitation) death or personal injury of Charterers, loss or damage to property, non-fulfilment or interruption of the charter or delays, breakdowns, mechanical problems, defects, damage, restrictions, or obstructions, storms, floods, droughts, ice or other weather conditions, rationing, shortage or non-availability of fuel or in respect of any consequential loss, damage, expense, injury or claim. Charterers are recommended to take out personal holiday insurance cover and in the case of certain events will be required to take out such personal insurance as defined by the event information.
12. Brochure: The specification of boats, their accommodation, facilities and equipment in the brochure is intended as a general guide but the Company shall not be liable in the event of any differences in the boat supplied and reserves the right to make modifications. Layout plans are for guidance only and are not to scale. The Company reserves the right to change boat specification without prior notice.
13. Disputes: Any dispute difference or question which may at any time arise out of the booking contract and not able to be resolved between the parties may be to a single arbitrator to be agreed between the parties or failing agreement to be nominated upon application of either party by the President of the Birmingham Law Society. The decision of such arbitrator (acting as an expert and not as an arbitrator) including any direction as to payment of fees and costs in the arbitration shall be binding on both parties.
14. Jurisdiction: The contract between the Company and the Charterer shall be deemed to have been made in England and shall be governed in all respects by English law. The Charterer shall submit to the jurisdiction of the English courts provided that the Company at its option may bring any legal proceedings against the Charterer from courts in any other country.
15. Waiver: No indulgence, forbearance, or delay by the Company shall constitute any bar to its enforcement of its rights at any time and no waiver in respect of any breach shall operate as a waiver in respect of any other subsequent breach.
16. Third Parties: No person who is not a party to this Agreement may enforce any term of this Agreement. The parties agree that the Contracts (Rights of third parties) Act1999 shall not apply to this agreement or document entered into pursuant to this Agreement.
17. Photography: From time to time the company or its agents may take images or video footage of the events in which you participate. By signing the booking form you agree to these images and video footage being used by the company in advertisements, marketing, leaflets brochures, education, training and publicity material. If you do not wish to be photographed in this manner you should let us know by e mail before commencing your activity with us.
2. Embarkation and Disembarkation: Unless stated otherwise this will mean Embarkation 16:00hrs local time on the first day of your charter Disembarkation 09:30 local time on the last day of your charter
3. Booking agreement: A booking is a legally binding contract. On submission of a signed Booking Confirmation Form the Charterer is entering into a legally binding contract with the company to purchase the services set out on the booking confirmation and the Company agree to supply the services set out in the booking confirmation. Telephone bookings do not create legal agreements and any offer by the Company to hold a reservation is not legally binding except where the Company are authorised by the charter to take payment for the deposit by Credit or Debit card when acceptance by the company shall create the booking agreement though the charterer shall also complete a booking form. The contract includes these conditions which the Charterer accepts having read and agreed them. The entire contract between the Company and the Hirer is contained in these Conditions and the booking form and no representations, terms, warranty or condition expressed or implied shall be deemed to be or have been made or agreed or imported by reference to any other writing, advertisement or conversation. No agent, servant or representative of the Company has any right to alter or vary or waive any of these conditions. Nor is any such person authorised to undertake any liability whatsoever on behalf of the Company. These conditions can only be varied with the written permission signed by the General Manager of the Company. The Charterer acknowledges that no statement or representation which may have been made by or on behalf of the Company induced the Charterer other than as set out in this booking confirmation to enter into the contract. Any liability of the company and any remedy of the Charterer in respect of any such statement or representation is excluded save in so far as liability in respect of any particular statement or representation may not be excluded by law. In accepting a booking, the company’s responsibility does not extend beyond the provision of the booking and in particular there is no warranty that any particular route will be available for navigation during the period of charter. Where more than one berth or boat is booked on the same booking form each berth or boat shall be deemed to be the subject of a separate contract. Bookings for optional extras are taken subject to availability on the start date.
4. Cancellations and Changes: The agreement including the payment terms is a legally binding contract and may not be cancelled or amended except as provided in the Conditions. Should the Charterer wish to cancel or amend the booking they must advise the Company immediately by telephone and at the same time send written confirmation by Recorded Delivery post. The company reserves the right to levy an administration charge of 15% for any alteration to a booking made by the Charter after it has issued a booking confirmation. In the event of a cancellation, the deposit will be forfeited and the hirer will pay the balance price on the due date. The Company may at its discretion waive the balance price if it is successful in re-letting the Charter for the whole of the charter period. It is therefore strongly recommended that the charterer protect themselves against cancellation liability by taking out cancellation insurance. In the event of any claim being disallowed for any reason the charterer remains liable for the full charter charges. In the event of the Company being unable to re-book the charter the charterer will remain responsible for the full charter price.
5. Late Arrival: If a charterer arrives later than the stated time the Company may at its discretion allow the Charterer to take up the booked charter. If the time of arrival is unreasonably late the company may permit the boat upon which the charterer was booked to sail without the charterer. The Company may at its sole discretion allow the Charterer to join the boat at some point on its intended passage but all costs incurred in so doing will be at the Charterers expense.
6. Prices and Payment: Prices unless otherwise stated are inclusive of VAT at the rate ruling at the time of booking at the Company’s discretion any amendment to rates of VAT imposed by the government prior to final settlement of the full price may be added to the purchase price. The booking confirmation and booking statement are not VAT invoices. Prices are in pounds sterling. The Charterer shall reimburse the Company on demand for any expenses incurred in the conversion of foreign currencies, bank charges, special clearance, re-presenting cheques, processing payments or otherwise in obtaining cleared sterling funds of the amount due on the due date. Payment is not made until cash or cleared funds have been received by the Company. The booking deposit must be sent with the booking confirmation and unless otherwise stated is 25% of the total price. The balance of the price is due in accordance with the booking details and may vary dependent upon the Charter. Time of payment shall be of the essence of the contract. For bookings made within final due settlement date must be accompanied by payment in full. Without prejudice to any other rights of the company the company may charge interest (both before and after any judgement) at the rate of 3% over the company’s banker’s base lending rate on any monies due from the due payment date until the date of payment and interest shall accrue from day to day.
7. Insurance: The Company insures the boat and its equipment and inventory against public liability risks. The company’s insurance does not cover personal accidents or loss or damage to personal effects. Charterers are advised to take out their own personal insurance cover. The company reserves the right to require that for certain charters insurance as defined by the company be taken out by the Charterer.
8. Safety: The Charterer agrees to comply with all rules at all times for the health and safety of the persons on the boat as set down by the Company or any individual employed by the Company and having responsibility for Health & Safety on board a boat on the Companies behalf. The Charterer agrees to abide by any directive issued by a skipper of any vessel in so far as such directive relates to the health and safety of either the charter, people on board or the safety of the vessel itself. The Company reserves the absolute right at its discretion without liability to restrict cruising areas or routes in the light of prevailing weather conditions or other adverse situations.
9. Accidents: The Charterer is responsible for reporting of any accident or damage that might occur whilst aboard the Company’s vessel.
10. Medical Fitness: You must be in good physical health at the start of the activity relative to the activity in which you are participating. Whilst the decision as to whether to participate lies with the charterer and by signing the personal information details that forms part of the booking documents you accept responsibility for any risk that you might be exposed to and that is inherent in water sports of the type that you will be participating in. It remains at all times your responsibility to decide if you are fit and healthy enough to commence and continue any activity. You must declare any medical conditions or medication that you may be on. On matters of health & safety the company’s decision and the skipper of your boat on the company’s behalf is final. For certain activities the company reserves the right to require any applicant to undergo a doctor’s examination to confirm their physical fitness to participate in an activity for which they are booking. In the event that as a result of such examination the company are unable to accept the booking a full refund of all monies paid will be made.
11. Exemption: The Company shall not be liable for any matters arising from any cause beyond the Company’s reasonable control or not due to the Company’s negligence or wilful default including (without limitation) death or personal injury of Charterers, loss or damage to property, non-fulfilment or interruption of the charter or delays, breakdowns, mechanical problems, defects, damage, restrictions, or obstructions, storms, floods, droughts, ice or other weather conditions, rationing, shortage or non-availability of fuel or in respect of any consequential loss, damage, expense, injury or claim. Charterers are recommended to take out personal holiday insurance cover and in the case of certain events will be required to take out such personal insurance as defined by the event information.
12. Brochure: The specification of boats, their accommodation, facilities and equipment in the brochure is intended as a general guide but the Company shall not be liable in the event of any differences in the boat supplied and reserves the right to make modifications. Layout plans are for guidance only and are not to scale. The Company reserves the right to change boat specification without prior notice.
13. Disputes: Any dispute difference or question which may at any time arise out of the booking contract and not able to be resolved between the parties may be to a single arbitrator to be agreed between the parties or failing agreement to be nominated upon application of either party by the President of the Birmingham Law Society. The decision of such arbitrator (acting as an expert and not as an arbitrator) including any direction as to payment of fees and costs in the arbitration shall be binding on both parties.
14. Jurisdiction: The contract between the Company and the Charterer shall be deemed to have been made in England and shall be governed in all respects by English law. The Charterer shall submit to the jurisdiction of the English courts provided that the Company at its option may bring any legal proceedings against the Charterer from courts in any other country.
15. Waiver: No indulgence, forbearance, or delay by the Company shall constitute any bar to its enforcement of its rights at any time and no waiver in respect of any breach shall operate as a waiver in respect of any other subsequent breach.
16. Third Parties: No person who is not a party to this Agreement may enforce any term of this Agreement. The parties agree that the Contracts (Rights of third parties) Act1999 shall not apply to this agreement or document entered into pursuant to this Agreement.
17. Photography: From time to time the company or its agents may take images or video footage of the events in which you participate. By signing the booking form you agree to these images and video footage being used by the company in advertisements, marketing, leaflets brochures, education, training and publicity material. If you do not wish to be photographed in this manner you should let us know by e mail before commencing your activity with us.