OLIVER’S SAILING HOLIDAYS TERMS AND CONDITIONS FOR CHARTER

 

1.0 Charter and payment.

1.2 To secure booking the charterer must pay £200 as deposit. The deposit should

be received within seven days of booking.

1.3 Oliver’s Holidays will confirm booking in writing.

1.4 If a holiday deposit is not received within seven days of booking Oliver’s holidays reserves the

right to re-charter the boat and return the deposit.

1.5 The balance of payment shall be paid to Oliver’s Holidays not less than 30 days prior to the

start of the charter period.

 

2.0 Alteration Fee

2.1 If the charterer needs to alter any holiday arrangements after booking has been confirmed, the charterer must notify Oliver’s

Holidays in writing and we will do our best to help. An alteration fee of £15 may be charged.

 

3.0 Cancellation.

3.1 If a charterer needs to cancel a booking Oliver’s Holidays must be informed as soon as

possible by telephone and email. In all cases of cancellation the holiday deposit will be

forfeit. Oliver’s Holidays will endeavour to re-charter the boat and if successful the charter

fee, less deposit, will be re-funded. If unsuccessful, the charterer will be liable to pay the full

cost of the holiday unless the cancellation notice is received, in writing, 30 days or more

prior to holiday start. Personal holiday insurance is strongly advised.

 

4.0 Non-Arrival

4.1 Normal boarding time shall be 3pm on the hire start date. If a charterer fails to arrive

the boat will be ‘held’ until 6pm on the following day. If the charterer fails to arrive without

notification by 6pm on the day following hire start Oliver’s Holidays reserves the right to recharter

the boat. If the boat is re-chartered the hire fee, less deposit, shall be refunded. If

the boat is not re-chartered the charterer shall be liable for the full hire charge.

 

5.0 Boarding the Yacht

5.1Unless otherwise stated the normal time for boarding the boat is 2pm on the hire start date. Yachts are let on the understanding

that Oliver’s Holidays will brief the charterer on the boat and its equipment. Henceforth, the charterer becomes responsible for the

yacht and its equipment. If Oliver’s sailing holidays is prevented by circumstances beyond its control from making a boat available

and cannot provide a suitable alternative, Oliver’s Holidays will refund all monies paid, but no further liability will be accepted.

 

6.0 Insurance and liabilities

6.1 Oliver’s Holidays shall insure the yacht and her equipment against fire, marine and collision

risks with third party damage cover of not less than £3,000,000 subject to a policy deductible of

no greater sum than the security deposit

6.2 Notwithstanding the provisions of clause 6.1 the charterer will indemnify Oliver’s Holidays in

respect of any loss of or damage to the yacht or its equipment or any other equipment or

liability arising out of any act or omission of the charterer, his servants or agents or any member

of his party or any other person invited onto the yacht which is not for any reason covered by

Oliver’s Holidays insurance.

6.3 Oliver’s sailing holidays accept no liability for death or personal injury, loss or damage to

personal property, suffered by the charterer, his servants, agents any member of his party or

any other person invited onto the yacht, nor for any consequential losses resulting from such

incidents, save in the event that same is caused by willful default.

 

7.0 Navigation Restrictions.

The charterer will not take the yacht outside the cruising limits. On no account may the

charterer (a) Tow, or be towed by other cruisers unless with professional assistance (b) Cruise

after dark, (your boat is not insured or equipped for night navigation) (c) permit your boat to be

taken out to sea (d) permit your boat to take part in any race. You must navigate in accordance

with current byelaws and must observe the speed limits applicable to the waterway. On the

Norfolk Broads no boat may be taken beyond Stokesby, without prior permission from Oliver’s

sailing holidays.

 

8.0 Charter Obligations

8.1 The charterer warrants that he/she and his/her crew have the experience and competence

as formally stated in the Booking Form and that they are capable of the safe handling of the

yacht. He shall appoint himself or a suitably experienced person to be skipper of the yacht prior

to signature of this agreement.

8.2 In the event of any damage to or failure of the yacht or any incident involving a third party,

the charterer shall at the earliest opportunity report such occurrence to Oliver’s sailing holidays

and shall comply with any instructions given to him. It is the responsibility of the skipper to

establish and record the name and registration number of all boats involved, together with the

name and address of their owners and/or hirers and report these details, with details of any

damage to Oliver’s Sailing Holidays as soon as possible via the contract details in the Boat Manual. The skipper will be required to complete a full accident report, including diagrams and

photographs of the incident on return to the boatyard.

8.3 The charterer will not lend, sub-charter, nor operate the yacht in a manner contrary to

national and international rules applicable to the waters in which the yacht is being navigated. Nor shall the nominated skipper part with the control of the yacht, without the written consent of Oliver’s sailing holidays.

8.4 The charterer will not use the yacht for any purpose other than private pleasure cruising for

himself, his crew and guests unless otherwise agreed and recorded in this agreement. He will

not race the yacht prior to written consent of Oliver’s sailing Holidays.

8.5 The charterer shall take care of and assume full responsibility for the safety and maintenance

of the yacht and its equipment at all times, including periods when the yacht is left unattended.

8.6 The charterer shall observe all regulations of Broads authorities and will not allow the yacht

to be used for lawful purposes.

8.7 The charterer shall not allow any animals on board the yacht without the written consent of

Oliver’s Holidays.

8.8 The yacht should have sufficient gas and diesel for your trip but should you require

additional diesel or gas the charterer will be liable for all costs involved.

8.9 The charterer shall ensure that the yacht remains afloat at all times, including periods when

berthed.

8.10 at the end of the charter period the charterer shall ensure the re-delivery of the yacht to

Oliver’s sailing holidays clean and tidy in the conditions as upon delivery (reasonable wear and

tear excepted) if the charterer shall fail to re-deliver the yacht at the time and place agreed he

shall be liable for an additional charge equal to twice the pro rata daily charter fee for every day

or part thereof by which re-delivery is delayed, plus costs incurred by Oliver’s sailing Holidays in

returning the yacht to Belaugh boat yard by 9.00am on the last day of hire.

 

9.0 Oliver’s sailing holidays obligations.

9.1 Oliver’s Sailing Holidays will use its best endeavours to deliver the yacht to the charterer at

the agreed time and place. If for any reason the yacht or equivalent alternative yacht shall not

be so delivered a pro-rata refund will be made to the charterer for each 12 hour delay. If such

delay exceeds 25% of the total charter period, the charterer shall be at liberty to treat the

charter as determined and the Managing agent on behalf of the owner shall thereupon return all

sums paid. In this event neither the owner nor his managing agent shall be liable to pay to the

charterer any other compensation for any loss or damage of whatsoever nature resulting from

the delay curtailment or cancellation of this charter.

 

10.0 General.

10.1 Additional persons. The number of persons indicated for each boat must not be exceeded

except where provision for extra persons is specified and agreed by Oliver’s Sailing Holidays

10.2 Pets: May be allowed aboard the boat with the prior permission of Oliver’s Sailing Holidays

and at the owners personal risk.

10.3Minors. Booking from persons aged 18 cannot be accepted

10.4 Suitability of Hirer. Oliver’s sailing Holidays reserves the right to decline to accept a booking

or refuse to hand over a boat to any person or group where, in the opinion of Oliver’s Sailing

Holidays, facilities are not suitable for the person or any group member on the grounds of age, ill

health, disability, inexperience or any other reason. In such case all sums paid will be refunded in

full and the contract shall be discharged without liability on either party. The boat operator

reserves the right to repossess the boat at any time where a serious accident or damage has

occurred or in the opinion of the boat operator is likely to occur because of the unsuitability of

the hire due to age, ill health, disability, inexperience or any other reason. In such cases the boat

operator shall not be liable to make a refund of any portion of the hire.

10.5 Hirers Equipment. You may not take on the boat without the boat operators prior

permission portable heaters of any type, lighting equipment or anything which may cause

danger to the boat, its equipment or its occupants.

10.6 Yacht delays or curtailment. Every boat is checked before the start of each hire cruise so it

is unlikely that your boat will suffer a mechanical breakdown. If a breakdown of any kind should

occur, you must report it to Oliver’s Sailing Holidays immediately so that steps can be taken to

repair the boat and its equipment as speedily as practicable in the circumstances. Apart from the

above obligations the boat operator shall not be liable whatsoever in respect of any direct or

consequential loss or damage that you may suffer whether financial or otherwise as a result of

such breakdown. The boat operator shall not be responsible for the consequence of delays or

restriction of cruising arising from obstructions repairs or damage to navigation works, flooding,

shortage of water, industrial action, fuel rationing, shortage of or Non-availability of fuel or

other cause and the boat operator reserves the right to restrict cruising if unusual of hazardous

conditions prevail

10.7 Sailing Dinghies. Sailing dinghies may be available to hire at an extra charge but are subject to availability at the start of hire.

10.8 The boat and all its equipment must be returned to the boatyard in a clean and tidy

condition, equivalent to the pickup condition by 9.00 am on the last day of hire.