Devon Powerboating, Plymouth Marine Centre, Plymouth, PL9 7HP
01752 403408 / 07782 506758
Enquiries@devonpowerboating.co.uk
Terms and conditions for Devon Powerboating Charters
Contract. Your contract is with Devon Powerboating (DP). When you sign the booking form you are accepting these conditions for yourself as charterer and all members of your crew. These conditions become binding as soon as the booking form is signed.
Payment. Payment is due at the time of booking. No refunds will be made unless DP fails to meet its obligations described below.
Security Deposit. DP may retain and apply the security deposit in reduction or extinction of:
· Any liability of the charterer to DP.
· The cost of repairing any loss or damage to the vessel or her equipment which occur during the charter period.
· Any liability arising from damage caused to third party property.
Provided that such retention shall be without prejudice to the right of DP to recover any unsatisfied balance of such liability or cost from the charterer.
Subject as aforesaid, the security deposit or any balance remaining shall be returned to the charterer within 14 days after the redelivery of the vessel to DP or, in the event of dispute, upon the determination of such dispute.
DP obligations. DP shall deliver the vessel to the charterer or his appointed representative in good and seaworthy condition complying with the provisions of the MCA Code of Practice to the extent that the code is applicable to the vessel. In the event of any loss of time occurred as a result of DP failure to comply with the provisions of this clause, the charterers damages shall be limited to the charter fee and DP shall have no liability for consequential losses whatsoever.
DP will use their best endeavours to deliver the vessel to the charterer at the agreed time and place. If for any reason the vessel shall not be so delivered, a prorate refund will be made to the charterer. If such a delay exceeds 25% of the total charter period, the charterer shall be at liberty to treat the charter as determined and DP shall thereupon return all sums paid. In this event, DP shall not be liable to pay to the charterer any other compensation for any loss or damage of whatsoever nature resulting from the curtailment or cancellation of their charter.
In the case of charters where DP have agreed to provide a skipper, the skipper will be at the disposal of the charterer for the navigation of the vessel to the port or ports within the cruising limits to which the charterer may order the vessel and shall so far as is consistent with the safety of the vessel comply with the requests of the charterer. The skipper shall however have a power of veto which he may exercise where it appears to him in his sole discretion that the charterer’s might endanger the vessel, any person on board, vitiate the insurance, prevent or be likely to prevent the timely re-delivery of the vessel at the end if the charter period, or otherwise be prejudicial to the owner’s interests.
Insurance. The vessel and her equipment shall be insured for her full value with third party damage cover of no less then £2,000,000 subject to a policy deductible no greater than the security deposit.
Notwithstanding the provisions above, the charterer shall indemnify DP in respect of loss or of damage to the vessel or her equipment or any other expense or liability arising out of any act or omission of the charterer, his servants or agents or any member of his party which Is not for any reason covered by the vessel’s insurance.
DP and/or the skipper, if provided shall have no liability for death or personal injury suffered by the charterer, his servants, agents or any other member of his party save in the event that same is caused by his wilful default.
The charterer will not take the vessel outside the cruising limits (20 miles from safe haven by daylight and fair weather or 3 miles from a safe haven at all other times unless otherwise stated) nor do any other act which may vitiate the vessel’s insurance or prejudice his right to claim thereunder.
Charterer’s obligations. The charterer warrants that he/she and his/her crew have the qualifications, competence and experience as stated in DP’s booking form and that in the case of bareboat charter, they are capable of safely handling the vessel.
Skippered Charter only- the charterer and his party shall as may be required give the skipper every assistance in the handling of the vessel and shall comply promptly with his/ her instructions.
The charterer shall pay for all running expenses during the charter period and to the extent that upon return, any consumables have not been restored to their level upon handover, the charterer shall be liable to DP for the cost thereof.
In the event of any damage to of failure of the vessel or any incident involving a third party, the charterer shall at the earliest opportunity report such occurrence to DP and shall comply with any instructions given by DP.
The charterer will not sub-charter or part with control of the vessel without written consent of DP.
The charterer will limit the number of persons on board the vessel to not more then the total number advised in the MCA limit.
The charterer shall take care of and assume full responsibility for the safety and maintenance of the vessel and its equipment at all times including periods when the vessel is left unattended.
The charterer shall observe all regulations of HM Customs, harbour or other authorities.
The charterer shall not allow any animals, plants or restricted items, or any illegal goods such as drugs or firearms on board the vessel.
The charterer shall ensure the vessel stays afloat at all times unless agreed in writing with DP.
The charterer will only leave the vessel in a marina berth when unattended between the hours on sunset and sunrise unless agreed in writing with DP.
At the end of the charter period the charterer shall re-deliver the vessel to her port and place of delivery, cleaned, in the condition as upon delivery and with her inventory complete. If the charterer shall fail to re-deliver the vessel at the time and place agreed, he/she shall be liable for a sum equal to twice the pro-rata daily charter fee for every day or part thereof by which re-delivery is delayed or for the cost of business lost as a result of late re-delivery, which ever is greater. The charterer’s obligation under these terms shall continue until eventual re-delivery.
General. DP or its agents shall have the right to accompany the charterer for trials prior to delivery. In the event that DP or their agents are not satisfied as to the ability of the charterer to safely handle the vessel they should be at liberty to terminate this agreement without giving any refund.
DP shall have the right to restrict the cruising limits of the charterer in the light of the experience of the charterer and the members of his party, and/or the actual or anticipated weather conditions.
Save as provided otherwise in the terms of business of DP, the provisions herein shall exhaustively govern the rights and obligations of the parties hereto.
These conditions are subject to English Law.
The terms and conditions shown here shall take precedence over any terms and conditions shown on purchase orders, booking forms or letters accompanying your booking unless otherwise agreed in writing by DP.
We do not warrant that instrumentation or equipment not specifically required under the MCA code of practice for small commercial vessels will be in serviceable order. Electronic charts are not updated annually and should only be used as an aid.