The contract is between Munro Yacht Charters.co.uk ‘the Company’, and all persons (or any of them) named on the booking form ‘the charterer’. All contracts and matters arising from them are subject to Scottish Law and the exclusive jurisdiction of the Scottish Courts.
In the case of Grand Soleil 43 charters are only offered to qualified skippers holding the RYA Coastal Skipper and Day Skipper qualifications (or equivalent) and must have at least 2 other experienced sailing crew.
In the case of Oyster 54, the services of a qualified skipper are included but the price does not include an experienced crew. If a crew is required this will charged extra, otherwise a minimum of 2 other experienced sailing crew are required. Please ask for more details if you require a crew.
2. Booking and Deposit
To make your booking we require a completed booking form from the charterer. On receipt a confirmation invoice will be sent and a non-refundable deposit of 25% of the price of your charter will become payable. When the booking is made less than 56 days before the start of your charter, payment for the full balance is required with the confirmation. The booking form may be submitted via our website or alternatively taken over the telephone or via email. The deposit may be made by credit card, cheque or bank transfer (please ask for details). The person who completes the booking form accepts responsibility for payment for all the persons named on the booking form, and is responsible for keeping all party members informed as to the booking details. A contract is made when we accept your booking and send you our written confirmation (by post or email). The Company and its agents reserve the right to decline any booking at their discretion.
3. Balance of Payment
We hold your deposit towards the full cost of your charter. An invoice will be issued stating the outstanding balance. This balance is due 56 days before the start of your charter; this date will be stated on the invoice. If you do not pay the full cost within the time specified the Company reserves the right to cancel the booking and cancellation charges will apply as set out in paragraph 9.
4. Security Deposit
The Charterer shall pay a security deposit by cash, cheque or credit card no less than 7 days before the start of the Charter Period. This deposit must be available as cleared funds by the commencement date, as security against the Yacht not being returned in good condition and towards any loss or damage to the Yacht occurring during the Charter Period which is the responsibility of the Charterer, and against any loss or damage suffered by Munro Yacht Charters due to any breach of this Agreement by the Charterer but without prejudice to any claim over and above the Security Deposit.. The Security Deposit or any balance remaining shall be returned to the Charterer within 14 days of the return of the Yacht or in any case of dispute, upon the determination of the dispute.
5. Our Prices
Prices shown on our website are believed to be correct at the time of publication. We reserve the right to change prices from time to time. Accordingly it is possible that when you book your charter the actual price may have gone up or down. If the price of your charter has changed, the correct price will be confirmed at the time of booking. We reserve the right to amend any information, including prices at any time prior to the price being confirmed in the booking confirmation. Once you have made your booking and paid a deposit (or full payment if applicable) and the price has been confirmed in the booking confirmation, we do not foresee any circumstances where we might be obliged to make additional charges or refunds. Charter rates will be subject to varying rates of tax within the EC waters and tax is not included in the charter rates. Local taxes may also occur in certain places outside of the EC. Please ask for the most up to date information for your cruising area. All charter rates are quoted per week. Rates for special events may differ, please ask for the most up to date information. Some of the rates shown are preliminary estimates and are subject to change.
6. Discounts
5% discount for all charters paid in full before November for the following season
2.5% discount for all charters paid in full by December for the following season
5% for booking two consecutive weeks
10% for booking three consecutive weeks or more
7. Handover Times
Handover times for 7-day charters are 1400 hrs on Saturday. For weekend handover times are 1600 on Friday. Handback times for 7-day charters are 1000 on Saturday. For weekend handover times are 1600 on Sunday. If these times do not suit other times may be available on request.
8. Payment Methods
Debit and Credit Cards
You may pay over the phone using a debit or credit card.
Direct Bank Transfer
Please contact us for details for use with direct bank transfer
Cheques - Please make cheques payable to “Munro Yacht Charters.co.uk.”
9. Cancellation Or Alteration By You
If you wish to alter your booking at any point prior to departure, we shall endeavour to make the necessary changes but cannot guarantee to do so. We must receive your request in writing but do please email or phone us as soon as possible. All requests for cancellation or alteration are subject to the following terms:
You may transfer your booking to another person provided that request for such a transfer is received by the Company prior to 28 days before the start of your charter. The request must be accompanied by full booking details in the name of the person to whom the charter will be transferred. The Company reserves the right to decline any request for transfer at its discretion. Any request to transfer your booking to another person made less than 28 days before the start of the charter will not normally be accepted. An administration fee of £25 will be charged plus any cost imposed by the companies suppliers.
Subject to availability and by written request, you may transfer from your booked charter to another charter offered by the Company, at any time prior to 56 days before the start of your charter. An administration fee of £25 will be charged plus any cost imposed by the Company’s suppliers. If there is a difference in price between the original booked charter and the charter you transfer to, you must pay any increase and the Company will refund any decrease (less the administration fee). You may transfer from one charter to another only once.
Cancellation of a booking must be notified to the Company in writing and the effective date of cancellation is the date that the Company receives such notification. If you serve notice of cancellation or fail to pay at the specified times the amounts specified in the invoice, you will be liable to pay cancellation charges. The cancellation charges are calculated as follows;
No Of Day’s Prior To Charter Charge payable
More than 56 days deposit (25%)
28 - 56 days 50% of charter cost
14 - 27 days 80% of charter cost
7 - 13 days 90 % of charter cost
Less than 7 days 100% of charter cost
10. Cancellation Or Alteration By The Company
The arrangements for our charters are made many months in advance and it is sometimes inevitable that changes may become necessary. The Company reserves the right to change or cancel a charter at any time for any reason. In the event that we are unable to provide the booked charter arrangements and have to change them prior to the start of your charter, you will be given the choice of accepting the change or terminating your booking. If you choose to terminate your booking you will be given the choice of choosing an alternative charter or receiving a full refund of the money you have paid. It is possible that we may have to cancel a charter in the event that the minimum number (as determined by the Company at its discretion) of passengers have not booked on a particular charter.
11. Major Changes
Occasionally we may need to make major changes to a charter; examples of such changes may include but are not limited to;
A delay representing more than 10% of the total charter
Change of the number of nights of a charter
A change in the port of embarkation or disembarkation, which therefore necessitates a change in arrival or departure airport.
All other changes will be classed as minor.
The Company will make reasonable efforts to keep you informed of any such changes. In the event of a major change within 56 days of the start of your charter you will be given the choices set out above, in addition you will be entitled to compensation as detailed below;
No Of Days Prior To Charter Compensation per person
More than 56 days nil
28 – 56 days £15
14 – 27 days £25
Less than 14 days £40
12. Force Majeure
No Compensation will be paid, and no liability beyond offering the above mentioned choices, can be accepted where we are forced to make a change as a result of unusual or unforeseen circumstances beyond our control, the consequences of which we could not have avoided given all due care (including but not limited to outbreak of hostilities, civil commotion, riot, riotous assembly, storm, hurricane, gales, lack of wind, tempest and acts of God), or for cancellation of a charter for purposes of consolidation with another charter.
Please note no compensation is payable for minor changes. A minor change is any change, which we could not reasonably expect to have a significant effect on your confirmed charter. Minor changes do not entitle you to cancel or change to another charter without paying our normal charges.
13. Limitation Of Liability
The Company will accept liability for negligence of its staff causing your bodily injury or death only to the extent that it is obliged to under Scottish law. The Company shall not (subject to any statutory requirement to the contrary) be liable for any injury, death, loss or damage caused by other passengers, nor will it be liable for any uninsured losses of your property, nor for any illness, injury or death sustained during any charter.
You shall not be entitled to any refund or compensation in the event of withdrawing during your charter, due to health, personal or other reason. If you withdraw prior to the charter the cancellation charges shall apply.
No responsibility can be accepted for variations in standards of services or facilities generally which occur after the issue of the Company’s programme or due to causes beyond the Company’s control.
14. Excursions and Activities
We may provide you with information (on our website and/or when you are on a charter) about activities and excursions that are available in the area you are visiting. We have no involvement in any such excursions or activities, which are neither run, supervised nor controlled in any way by us. Local third parties who are entirely independent of us provide these excursions and activities. They do not form part of any contract with us even when we suggest particular excursions or operators or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions.
15. Authority
You agree to accept the authority, decisions and instructions of the Company’s employees, skippers and agents during your charter. At all times the decision of the skipper will be final on all matters. You must adhere to instructions issued to you by the skipper. Although the skipper will try to meet any reasonable request to visit specific places, there is no guarantee, and the route taken is entirely at the discretion of the skipper. If the skipper decides that the yacht shall not sail at any time, or should return after departure, due to the nature of the weather or to a defect of the yacht or its equipment or the indisposition of any crewmember or passenger, the skipper’s decision will be final.
If you commit an illegal act or disregard the cultural customs in any country visited, you may be excluded from the charter and the Company shall have no responsibility to or for you or for cost of repatriation. In addition, should you interfere with the well being of the crew or other passengers, through disruptive or difficult behaviour, the skipper has full authority to dismiss you from the yacht. In such an event you will have no recourse to any refund.
16. Age Limit
Normally you must be aged between 18 and 65 years at the start of your charter. Where a group books the entire yacht the lower age limit may be dropped to 12 years at the discretion of the Company provided that a legal Parent/Guardian is also on the same charter.
17. Health and Travel Requirements
Sailing can be a dangerous activity and requires an average level of fitness and good health. It is your responsibility to ensure that you obtain proper and detailed medical advice. Clients with existing medical problems, pregnant women and anyone who has recently visited other countries, should check requirements with their GP. Sufferers of diabetes, multiple sclerosis, epilepsy, claustrophobia or depression should make this known to the Company at the time of booking.
Travel Insurance cover is mandatory. In case of a medical problem arising during the voyage, either onboard or on shore, which results in medical expense including but not limited to costs for evacuation with use of aircraft and repatriation, the responsibility for payment of these costs belongs solely to the individual concerned. The Company requires that you ensure that such eventualities are covered by travel insurance for every member of your party. If for any reason an incident is not covered by travel insurance the responsibility still remains with you and the Company specifically decline any responsibility whatsoever. Be aware that a normal travel policy may not cover you for some geographical areas and there may be exclusions for what they describe as ‘hazardous sports,’ which may include sailing, climbing, and diving (especially in remote areas). Unless this is crystal clear with your own insurance company or with a policy you take out, please contact us and we will be happy to assist. Evidence of your policy is required and will be requested.
It is the responsibility of each traveller to ensure they have a valid passport and visa(s) and any inoculations and vaccinations and certificates, which may be necessary.
18 .Charterer’s Obligation
The Charterer agrees as follows:
- That the details provided by him/her in the booking form are complete and accurate.
- Not to take the Yacht outside the Cruising Range specified in the Yacht’s insurance policy document which may in turn be superseded by the Cruising/Racing Area stated on the Contract.
- Not to carry any crew other than those persons specified on the Booking Form.
- To secure all gear on board including Yacht’s inflatable whilst cruising.
- Not to leave the Yacht unattended at any time when the Yacht is at anchor.
- In the event of any damage occurring to the Yacht or to any third vessel or party as a result of any collision with the Yacht, not to admit liability to any person.
- In the event of there being any failure of any mechanical gear on the Yacht, to report the same as soon as practicably possible to Impression, not to commence repair work without the consent of Impression and to use the best endeavours to minimise any damage which might have occurred without endangering the Yacht or any of the crew.
- To pay all running expenses and all harbour dues, berthing fees, pilot age fees and the costs of all provisions and fuel and not to do or omit to do any action or thing whereby the Yacht may become liable to arrest or detainment anywhere.
- Without prejudice not to sail the Yacht in dangerously bad weather even if this may lead to failure to return the Yacht on the Return Date.
- To pay any insurance excess out of the Security Deposit and not to do or omit to do any act or thing which may render void the insurance policy referred to below.
- Not to bring aboard any restricted or illegal goods such as drugs, firearms or explosives.
- To sail the Yacht at all times using his skill judgement and common sense bearing in mind at all times the necessity to return the Yacht on the Return Date.
- The Charterer will not sub-let or part company with the Yacht without the prior written consent.
- The Charterer will not use the Yacht for any purpose other than private pleasure cruising unless other uses such as racing are specifically agreed in writing. In the event of an emergency the Yacht may be used to assist in the rescue of persons in peril on the high seas.
- There shall be no smoking below deck or while handling sails, by any person.
- The Charterer will limit the number of his party to not more than the number allowed for in the provision of safety equipment.
- The Charterer undertakes to comply with all seagoing rules and regulations currently in force. For skippered charter, to obey the reasonable requests of the appointed skipper.
- No animals or pets may be taken aboard.
19. Munro Yacht Charters Responsibilities
Munro Yacht Charters hereby agrees as follows :
- To deliver the Yacht to the Charterer at the Home Port on the Commencement Date in good and seaworthy condition complete with all items stated in the Yacht’s Inventory. For the avoidance of doubt Munro Yacht Charters does not warrant that the Yacht is fit for sailing in dangerously bad weather conditions and relies on the Charterer using his skill, judgement and common sense in deciding where to sail and in what weather conditions to sail bearing in mind the Return Date.
- To refund to the Charterer any expenses incurred during the Charter Period by the Charterer in replacing any item of equipment attached to the Yacht or being part of the inventory which breaks down or becomes faulty as a result only of fair wear and tear .
- To insure and keep insured the Yacht against fire and all usual marine and collision risks and including third party risks to such an extent as Impression in its absolute discretion shall deem appropriate. A copy of such insurance policy is available for inspection at the Home Port. In the event of any claim the excess on such insurance policy shall be payable by the Charterer and shall not exceed the Security Deposit. Such insurance policy does not cover injury to or loss of life of any person on board against which the Charterer should insure prior to the Commencement Date. Advice about such insurance is available upon request. Any other uninsured damage or losses on board the Yacht shall be paid by the Charterer, if necessary out of the Security Deposit. The return of the Security Deposit or the balance thereof after the end of the Charter Period shall not be taken to imply that the Charterer has no further liability to pay any sums to Munro Yacht Charters in the absence of an express statement to that effect.
20. Liabilities
Subject to the terms of the Unfair Contract Terms Act 1977 (to the extent only that the same may apply to this Agreement) in no circumstances whatsoever shall Munro Yacht Charters be liable for any death, personal injury, loss of or damage to the Charterer or any member of the crew or to any of their property.
The Charterer shall be liable for any loss or damage arising to the Yacht out of the Charterer’s use, or act of omission, which is for any reason not covered by the Yacht’s insurance, even if such loss or damage is the result of negligence on the part of a skipper provided by Impression.
If during the charter period the Yacht shall be damaged or there is a breakdown of the gear or machinery not caused wholly or in part by the neglect of the Charterer and the Yacht is unfit for use (at Impression’s discretion) a pro-rata return of the charter fee may be made for the lost time. Engine breakdown in an auxiliary Yacht does not make the Yacht unfit under this agreement.
No liability or responsibility is accepted for loss or additional expense incurred by accident, sickness strike or stoppage involving personnel not in direct employment.
21. Termination and Repossession
In the event of it coming to the attention that the Charterer is in material breach of any of these conditions, we may forthwith terminate this Agreement and take whatever steps are necessary to take possession of the Yacht wherever it may be. Such termination and the taking of possession shall be without prejudice to any rights and remedies which may have accrued prior to the date of such breach.
General
The Charterer shall not be entitled in any circumstances whatsoever to assign the benefit of this Agreement to any third party and shall remain liable notwithstanding any purported assignment made by him.
The Yacht’s inventory may be varied without notice but will at all times meet recommended safety standards. The Charterer may sign to the effect that the list (amended if required) agrees with the contents of the boat.
22. Complaints
If you have a complaint against the Company, you must first inform the skipper or any other Company representative present during your charter, so that action can be taken to remedy the problem. If you are not satisfied with the response you should notify the Company in writing within 21 days of the end of your charter.