Clyde Classic Sailing LLP Terms and Conditions

09/10/2008

Clyde Classic Sailing enquiries~Skipper’s mobile 07766510699
West Byres House, West Byres by Ormiston, East Lothian EH35 5NJ Partnership No. SO 301797

Charter Terms and Conditions

1. The Charter Agreement
1.1 This document set outs the terms and conditions on which we, Clyde Classic
Sailing LLP (registered number 05925756, whose registered office is at West Byres
House, West Byres by Ormiston, East Lothian EH35 5NJ) agree to you, the individual
or organisation named in the relevant booking form, chartering our cutter "Lizzie
May" for the charter period or voyage described in the booking form. To avoid any
confusion, if you are an individual booking a place on a particular voyage with Lizzie
May, references in these terms and conditions to the "charter", "charter period" and
"charter fees" should be read as references respectively to your booking for the
relevant voyage, the period of the voyage and the fees payable for that voyage.
1.2 Where you are chartering Lizzie May for the purposes of bringing a group of
people on board (whether a group of young people, employees, colleagues, friends,
family or otherwise) that group will be referred to in these terms and conditions as
"your group". You must provide us with approximate numbers for your group at the
time of booking and confirm final numbers with us at least 7 days before the start of
the charter period. In any event, the maximum number of people in your group
must not exceed the number stated on the booking form.
1.3 Your booking will not be confirmed and no binding contract will exist between
you and us for the charter of Lizzie May until we have issued you with written
confirmation of the booking and received from you:-
1.3.1 a signed and completed booking form (as sent by us for you to complete);
and
1.3.2 your deposit (as specified by us in writing).

2. Your Obligations
2.1 You and (where applicable) all members of your group are expected to take a full
part in sailing Lizzie May and, unless we have agreed otherwise with you, you must
ensure that you and all members of your group are medically fit to sail.
Accordingly:-
2.1.1 if we ask you to do so, you must provide us with details of any medication that
you or (where applicable) any members of your group may be using;
2.1.2 you must also inform us if you or (where applicable) any member of your group
is pregnant, suffers from epilepsy or any communicable disease, or has any other
medical condition that may affect fitness to sail;
2.1.3 we reserve the right to refuse permission for you or (where applicable) any
member of your group to sail on Lizzie May if we reasonably believe that, as a result
of any relevant medical condition, allowing you/the relevant member of your group
to sail might put you/the relevant member of your group or others at risk. Please
note that we will not be under any obligation to refund any part of the charter fees if
we exercise our rights under this clause, so please check with us at the time of
making your booking if you have any queries about fitness issues.
2.2 You must not bring on board Lizzie May, and (where applicable) must ensure
that no one in your group brings on board, any illegal drugs or weapons.
Clyde Classic Sailing LLP Terms and Conditions
09/10/2008
Clyde Classic Sailing enquiries~Skipper’s mobile 07766510699
West Byres House, West Byres by Ormiston, East Lothian EH35 5NJ Partnership No. SO 301797
2.3 At all times whilst you are on board Lizzie May, you are responsible for ensuring
that you and (where applicable) every person in your group:
2.3.1 observes and complies with all reasonable instructions and notices that we
give you, via our crew members, from time to time;
2.3.2 shows respect to our crew members and all other people on board and refrains
from any conduct which may cause annoyance and/or danger to others;
2.3.3 does not misuse or otherwise damage Lizzie May (including any of her
equipment) or any other items belonging to us or to others that are brought on
board.
2.4 If you or any person in your group fails to comply with the obligations imposed
by any of the preceding parts of this clause 2:-
2.4.1 we will be entitled (without having to refund any charter fees already paid by
you) to return to the port of embarkation, or other haven of the skipper’s choosing,
and require you or members of your group (as appropriate) to disembark Lizzie May,
either for the remainder of the day or (where applicable and at our discretion) for
the remainder of the charter period;
2.4.2 you will in any event be responsible to us for all damage, claims or losses that
we suffer as a result of that failure.

3. Charter Fees
3.1 You must pay the deposit, in the amount specified in the booking form, at the
time of booking. Your deposit will not be refunded if you subsequently cancel your
booking, except where (and then only to the extent that) you are entitled to a
refund in the circumstances described in clause 5 below (Non-Availability of Lizzie
May).
3.2 We will issue you with an invoice for the balance of the charter fees (as specified
in the booking form) and this invoice must be paid by you in full no later than eight
weeks prior to the start of the agreed charter period. Where Clyde Classic Sailing
has agreed in writing to subsidise the charter fees, the invoice that we issue you
with will be for the balance of the charter fees, less the amount of the Clyde Classic
Sailing subsidy, but please note what clauses 3.3.2 and 4.2.2 below say.
3.3 If you fail to pay our invoice at the time required by clause 3.3 above, then we will
be entitled to cancel your booking by giving you written notice to this effect and in
these circumstances:
3.3.1 you will not be entitled to any refund of your deposit;
3.3.2 you will still have to pay the balance of the charter fees, although we will
subsequently provide you with a partial or full refund (in respect of the balance, but
not the deposit) to the extent that we are able to re-charter Lizzie May following the
cancellation for some or all of the relevant charter period. Where Clyde Classic
Sailing agreed to subsidise the charter fees, the "balance" that you will be required
to pay under this clause includes the amount invoiced to you AND the amount of
the Clyde Classic Sailing subsidy.
3.4 For the avoidance of doubt, where you have made a group booking, you will not
be entitled to any discount or refund if there is a reduction in the number of people
Clyde Classic Sailing LLP Terms and Conditions
09/10/2008
Clyde Classic Sailing enquiries~Skipper’s mobile 07766510699
West Byres House, West Byres by Ormiston, East Lothian EH35 5NJ Partnership No. SO 301797
in your group who are ultimately able to make it on board during the charter period.

4. Cancellation by You
4.1 If you cancel your booking more than eight weeks prior to the start of the agreed
charter period (as set out in the booking form), then in line with clause 3.1 above you
will not be entitled to any refund of your deposit. However, you will not have any
obligation to make any payment in respect of the balance of the charter fees.
4.2 If you cancel your booking within eight weeks of the start of the agreed charter
period:-
4.2.1 you will not be entitled to any refund of your deposit;
4.2.2 you will still have to pay the balance of the charter fees, although we will
subsequently provide you with a partial or full refund (in respect of the balance, but
not the deposit) to the extent that we are able to re-charter Lizzie May following the
cancellation for some or all of the relevant charter period. Where Clyde Classic
Sailing agreed to subsidise the charter fees, the "balance" that you will be required
to pay under this clause includes the amount invoiced to you AND the amount of
the Clyde Classic Sailing subsidy.

5. Non-Availability of Lizzie May
5.1 For the purposes of these terms and conditions, "circumstances beyond our
reasonable control" include (but are not limited to) the following:-
5.1.1 non-availability, due to illness or injury, of sufficient crew members for us to be
able to take out Lizzie May safely, although we can only rely on this as an excuse for
not being able to take Lizzie May out where we have used all reasonable efforts to
find alternative crew members and have been unable to do so;
5.1.2 any breakdown, or other disablement, of Lizzie May which is not caused by our
negligence.
5.2 If it becomes apparent to us in advance of the agreed charter period that we will
be unable to take you out on Lizzie May for some or all of that period due to
circumstances beyond our reasonable control, then we will be notify you of this and
you will have the following rights:-
5.2.1 the right to cancel your booking and receive a full refund of your deposit and
any charter fees you have already paid us; or
5.2.2 to the extent that we are able to take you out for some part of the originally
agreed charter period, the right to accept a charter for that reduced period in return
for a proportionate reduction in the charter fees; but in either case we will not have
any other liability to you.
5.3 If there is a last minute delay to the start of the charter period due to
circumstances beyond our reasonable control, or Lizzie May is disabled at some
point during the charter period (other than due to our negligence) or any other
problem arises due to circumstances beyond our reasonable control which means
we are unable to continue the charter (whether temporarily or otherwise), then the
following will apply:-
5.3.1 if the period of the relevant delay, disablement or problem is less than
1/7th (one seventh) of the length of the remainder of the agreed charter period (as
Clyde Classic Sailing LLP Terms and Conditions
09/10/2008
Clyde Classic Sailing enquiries~Skipper’s mobile 07766510699
West Byres House, West Byres by Ormiston, East Lothian EH35 5NJ Partnership No. SO 301797
measured from the start of the delay, disablement or problem in question), then you
will not have the right to bring the charter to an end but you will be entitled to
receive a proportionate refund of the charter fees calculated by reference to the
length of the relevant delay, disablement or problem;
5.3.2 for any longer delay, disablement or problem, you will have the right to bring
the charter to an end and receive a proportionate refund of the charter fees
calculated by reference to the length of the remainder of the agreed charter period
(as measured from the start of the delay, disablement or problem in question);
but in either case we will not have any other liability to you. For the avoidance of
doubt, this clause does not apply if any voyage or itinerary has to be cut short or
varied due to poor weather or sea conditions and in these circumstances we will not
have any obligation to make any refund to you. See also clause 6.2 below.

6. Our Liability
6.1 We are not responsible for any damage to or loss of any items belonging to you
or (where applicable) anyone in your group that are brought on board Lizzie May,
except where the loss or damage is caused by our negligence. We recommend that
you and (where applicable) each person in your group take out appropriate travel
insurance for the charter period.
6.2 We will do all that we reasonably can to stick to any advertised or agreed
voyage(s) or itinerary, but our crew will have ultimate authority to determine where
Lizzie May is sailed, having regard in particular to our overriding responsibility to
ensure the safety of everyone on board, and we will be entitled to make reasonable
changes to the relevant voyage or itinerary where we judge them necessary or
appropriate.
6.3 For the avoidance of doubt:
6.3.1 we do not have any responsibility for, and will not have any duty to exercise
any control over, what you or your group do or do not do when not on board Lizzie
May;
6.3.2 we will not be liable to you for any delay in performing, or failure to perform,
any of our obligations in relation to the charter of Lizzie May where that delay or
failure results from circumstances beyond our reasonable control (as to which, see
clause 5.1 above);
6.3.3 nothing in these conditions or on the booking form is intended to confer on
any third party (such as any person in your group) any right to enforce any term of
the charter contract between you and us.

7. Governing Law
The charter contract between you and us will be governed by Scottish law.

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