Terms and Conditions of Booking

Charter Terms and Conditions

Island (Cutter) Ltd
Registered Office: 10 Manston Terrace, Exeter, Devon, EX2 4NP
Registered Company no: 05925756   VAT Registration no: 900 9668 19
A wholly owned subsidiary of The Island Trust Ltd, 10 Manston Terrace, Exeter, Devon, EX2 4NP
Registered Company no. 03107339   Registered Charity no. 1049722
‘Motivating Young People Through Sailing’

Enquiries 01752 823007 info@theislandtrust.org.uk

1.The Charter Agreement

1.1 This document sets out the terms and conditions on which we, Island (Cutter) Limited (registered Company number 05925756, whose registered office is at 10 Manston Terrace, Exeter, Devon, EX2 4NP) agree to you, the individual or organisation named in the relevant booking form, chartering our vessels 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 Pegasus, Moosk or Tectona, 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 Pegasus, Moosk or Tectona 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 Pegasus, Moosk or Tectona 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.

2. Your Obligations

2.1 You and (where applicable) all members of your group are expected to take a full part in sailing Pegasus, Moosk or Tectona 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 Pegasus, Moosk or Tectona 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 Those young people aged 16-25 who come in an organised (eg school or youth) group are brought at the discretion of the group leader (contract holder) and are not DBS checked by Island (Cuitter) Ltd.

2.3 If you, as group leader, have offered spare berths for Island (Cutter) Ltd to fill, you accept that young person on board on the understanding that they may not be DBS checked.

2.4 Young people who come as individuals during Teenage/Individuals Sailing Weeks whether over 18 or with parental consent if under 18, do so on the understanding that other individuals on board (other than Island (Cutter) Ltd staff and volunteers) are not DBS checked by us.

2.5 You must not bring on board and (where applicable) must ensure that no one in your group brings on board, any alcoholic drinks, unless otherwise agreed in advance by the Skipper onboard. You must not bring on board and (where applicable) must ensure that no one in your group brings on board, illegal drugs or weapons.

2.6 At all times whilst you are on board. you are responsible for ensuring that you and (where applicable) every person in your group:

2.6.1 observes and complies with all reasonable instructions and notices that we give you, via our crew members, from time to time;

2.6.2 shows respect to our crew members and all other people on board and refrains from any conduct which may cause annoyance or danger to others;

2.6.3 does not misuse or otherwise damage Pegasus, Moosk or Tectona (including any of her equipment) or any other items belonging to us or to others that are brought on board.

2.7 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:-

2.7.1 we will be entitled (without having to refund any charter fees already paid by you) to return to port and require you or members of your group (as appropriate) to disembark either for the remainder of the day or (where applicable and at our discretion) for the remainder of the charter period;

2.7.2 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 specified on 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 Vessel).

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 The Island Trust 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 Island Trust 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 3.2 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 Pegasus, Moosk or Tectona following the cancellation for some or all of the relevant charter period. Where The Island Trust 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 Island Trust 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 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 Pegasus, Moosk or Tectona following the cancellation for some or all of the relevant charter period. Where The Island Trust 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 Island Trust subsidy.

5. Non-Availability of the Vessel

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 Pegasus, Moosk or Tectona safely, although we can only rely on this as an excuse for not being able to take Pegasus, Moosk or Tectona 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 Pegasus, Moosk or Tectona 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 Pegasus, Moosk or Tectona 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 Pegasus, Moosk or Tectona 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 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 Pegasus, 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 Pegasus, Moosk or Tectona 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 the vessel.

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 Pegasus, Moosk or Tectona 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 English law.

 

Risk assessments, the complaints procedure, child protection, equal opportunity and diversity policies are all available on request, along with other compliance documentation.