SeaSpray Scotland.






Sail Away with SeaSpray for some Superb Sailing.

Explore the Splendid West Coast of Scotland.

Superb Sailing, Superb Scenery, Specially for You.

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 charter@seasprayscotland.com

Call us at: 07939 517540

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Important: These Conditions form each part of each Bareboat Charter Contract.

Charter Conditions

SEA SPRAY YACHT CHARTERS LTD (“SeaSpray”)


 STANDARD BAREBOAT CHARTER CONDITIONS


Page 3.

6. ROLE OF

SEA SPRAY YACHT CHARTER LTD:
6.1. SeaSpray acts as Booking Agent for the Owner of the Yacht and in that role:
(a) Markets the Yacht for charter.
(b) Negotiates the amount of the Charter Fee.
(c) Takes such steps as it considers reasonable, to be satisfied that the Charterer and the charter party expected to sail on the Yacht with the Charterer, will include appropriately experienced/qualified persons.
(d) Receives and holds on the Owner’s behalf, the charter Booking Deposit; the balance of the Charter Fee; and the Security Deposit.
(e) Following completion of the charter, remits to the Owner the net amount of the Charter Fee then due to Owner, together with the net amount, if any, deducted from the Security Deposit that may then be due to the Owner.
(f) Following completion of the charter, returns to the Charterer the balance then due to the Charterer of the Security Deposit, net of any deductions in respect of fuel, breakages, losses etc.
6.2. For the avoidance of doubt :
(a) SeaSpray is not making a supply of goods or services under this contract – the supply of the Yacht for charter is made by the Owner.
(b) To the fullest extent permitted by law, SeaSpray shall have no liability for claims arising under this charter contract, whether or not arising through a breach of the terms of the contract by either the Owner or the Charterer, and the Charterer must make any such claim solely against the Owner.


7. LAW AND DISPUTES
7.1. In this agreement the singular term will include the plural and the male term the female. This contract is subject to the laws of Scotland and all unresolved disputes arising out of it between the Owner and the Charterer shall be determined by the Scottish courts.  Neither the Owner nor SeaSpray may be sued in the courts of any country other than Scotland.
7.2. SeaSpray will in the first instance seek to help resolve any such disputes, including if appropriate through referral of the matter to the Association of Scottish Yacht Charterers or other party chosen by SeaSpray, for independent determination. In this event all correspondence relating to the dispute will be lodged with the disputes committee of the Association of Scottish Yacht Charterers or other independent body.

8. SECURITY DEPOSIT
8.1. A minimum Security Deposit of £1000 will be paid by the Charterer to SeaSpray not less than 7 days before the start of the Agreed Charter Period. The amount of the Security Deposit may be increased, up to a normal maximum total of £2000 (other than where, exceptionally, a higher figure has been agreed and specified in the Charter Contract as follows:
(a) by £500 where there is any intention that during the Agreed Charter Period the Yacht should navigate beyond the Firth of Clyde by either transiting the Crinan Canal or sailing south or west of the Mull of Kintyre (and please note that to extend the Permitted Cruising Area beyond the Firth of Clyde will require the prior written agreement of SeaSpray at the time of booking); and/or
(b) by £500 where a cruising chute or spinnaker is hired with the yacht; and/or
(c) by up to £500 where waterproof sailing gear is hired by the skipper/crew of the yacht; and/or
(d) by £1000 where it is intended that the Yacht should be raced during the charter and please note that any intention to race the Yacht will both require the prior written agreement of SeaSpray at the time of booking; and involve the payment of an additional sum by the Charterer, to enable SeaSpray to arrange additional insurance to cover the Yacht against racing risks.
8.2. The Security Deposit will be retained by SeaSpray pending completion of the charter.
8.3. SeaSpray may retain all or part of the Security Deposit on behalf of the Owner in reduction or extinction of:-
(a) Any liability of the Charterer to the Owner howsoever that may arise, including through damage or injury incurred during the Agreed Charter Period, to any other yacht, vessel or person; and/or
(b) The cost of repairing any loss or damage to the Yacht, her equipment, or furnishings that occurs during the period of charter and which is for any reason not fully recoverable under the Owner’s Yacht insurance; and/or
(c) Putting right any failure of the Charterer to return the Yacht in a clean and tidy condition, which will incur a charge against the Security Deposit, based on an hourly rate of £30; and/or
(d) Replacing fuel used and not replaced by the Charterer by the end of the Agreed Charter Period - unless otherwise agreed the Yacht will have a full fuel tank at the start of the Agreed Charter Period and be returned with the fuel tank refilled at the Charterer’s expense, at the end of the Agreed Charter Period. If the Charterer prefers not to do this then the Owner will have the boat re-fuelled and deduct the cost of fuel from the Security Deposit, together with a £40 boat handling charge (which boat handling charge will not be applied where either SeaSpray or the Owner have agreed with the Charterer prior to the end of the Agreed Charter Period, that exceptional circumstances or difficult weather conditions are such that the Charterer should not be required to re-fuel the yacht; albeit that the cost of the replacement fuel will in such event, remain an expense to be met wholly by the Charterer).
Any such retention under this clause 8.3 shall be without prejudice to the right of the Owner to recover any unsatisfied balance of such liability or cost from the Charterer.
8.4. Subject as aforesaid, the Security Deposit or any balance remaining shall be promptly returned to the Charterer, normally within 7 days after redelivery of the Yacht to the Owner or the termination of the Agreement under clause 9 hereof or, in the event of dispute upon the determination of such dispute.

9. TERMINATION OF AGREEMENT
9.1. If the Charterer fails to comply with any provision of this agreement then the Owner (or SeaSpray on the Owner’s behalf) may forthwith terminate the agreement and resume possession of the Yacht, but without prejudice to the right of the Owner to recover damages in respect of any breach of the agreement by the Charterer.

10. RE-DELIVERY OF THE YACHT
10.1. The Charterer understands that at the end of the Agreed Charter Period, he is responsible for removing all personal possessions and rubbish from the Yacht, restoring the Yacht’s equipment to the position in which it was at the commencement of the charter, refilling the fuel and water tanks at his expense, and leaving the Yacht in a clean and tidy condition.
10.2. The Charterer will re-deliver the Yacht to the Owner free of indebtedness at the end of the Agreed Charter Period in as good, clean and tidy condition as when delivered to the Charterer and with her inventory complete, to her designated berth at Largs Yacht Haven or whichever other convenient place as may be notified to the Charterer by either the Owner or SeaSpray. If the Charterer fails to re-deliver the Yacht at the time and/or place agreed, he shall be liable to pay to the Owner through SeaSpray, a sum equal to twice the pro-rata daily Charter Fee for every day or part of a day by which re-delivery is delayed. The Charterer’s obligations under this agreement shall otherwise continue in force and he shall remain bound by those as if the Agreed Charter Period had been extended by mutual agreement, until eventual re-delivery of the Yacht.