These are our charter terms. View our Website Terms for more information on using this website.
These booking conditions will form part of your contract with Contessa 32 Experience Limited (registered office: The Old Brewhouse, Coastguard Lane, Brook, Isle of Wight, PO30 4HQ) for all the arrangements you book with us.
Charter Deposits & Payments
- 1a) The Charterer shall pay to Contessa 32 Experience the deposit or full payment if booking made within 6 weeks of charter, upon returning the Contract within the required time stated on the Contract at which time these Conditions shall become binding. Payment of the deposit or full amount means you have accepted our quotation and you accept on behalf of your party the terms of these booking conditions.
- 1b) We will send you a confirmation invoice with the costs and details of your charter. It is your responsibility to check the details on the confirmation invoice and to inform us of any discrepancies immediately.
- 1c) The balance of your charter must be paid at least 6 weeks before your charter start date. If the balance is not paid on time we may cancel your charter and apply the cancellation charges set out in the paragraph headed “Cancellation or Amendment” below. The charter deposit is non-refundable unless we are unable to honour your original booking request.
Booking Procedure & Requirements
- 2a) At the time of booking we require from you:
- 20% Deposit (full payment if booking made within 6 weeks of charter start date)
- Completed Charter Agreement
- 2b) 8 weeks prior to departure, we will send you:
- Final balance invoice (to be paid 6 weeks prior to charter start date)
- Crew List & Next of Kin details to be completed & returned
- Disclaimer of Liability form (to be completed on arrival)
- 2a) At the time of booking we require from you:
In the case where any wilful damage is caused to the yacht “Liamar” or its equipment, Contessa 32 Experience reserve the right to charge accordingly.
In the event of the Yacht being unavailable on the charter start date, Contessa 32 Experience will refund the Charter Fee. Contessa 32 Experience accepts no liability for any expenses incurred by or inconvenience caused to the Charterer as a result of such cancellation.
Cancellation or Amendment
- 5a) In the event of the Charterer cancelling the booking more than 30 days prior to the charter start date, Contessa 32 Experience will be entitled to keep the Deposit and refund any balance to the Charterer.
- 5b) In the event of the Charterer cancelling the booking within 30 days prior to the charter start date the charter fees are not refundable. If Contessa 32 Experience is able to re-charter the Yacht for all or part of the charter period, a proportion of the charter fee may be refunded at the discretion of Contessa 32 Experience.
- 5c) Contessa 32 Experience may cancel the booking at any time upon repayment to the Charterer of all sums already paid.
- 5d) Cancellation must be received in writing or email to [email protected].
- 5e) If you wish to make any amendments to your charter we will make every effort to accommodate these but they may be subject to a sum of £20 to cover our administrative costs. Requests for amendments must be made in writing or email to [email protected].
Obligations of the Charterer
- 6a) The details provided by the charterer on the Charter Agreement are complete and accurate.
- 6b) Not to carry any crew other than those persons specified on the Crew List.
- 6c) Not to bring aboard any restricted or illegal goods such as drugs, firearms or explosives.
- 6d) The Charterer will not sub-let or part company with the Yacht without the prior written consent of Contessa 32 Experience.
- 6e) There shall be no smoking below deck or while handling sails, by any person.
- 6f) The Charterer will limit the number of his party to not more than the number allowed for in the provision of safety equipment.
- 6g) 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.
- 6h) No animals or pets may be taken aboard.
- 6i) Minors (under 18) are to be supervised by an accompanying adult.
Obligations of Contessa 32 Experience
- 7a) To deliver the Yacht to the Charterer at the Home Port on the charter start date in good and seaworthy condition complete with all items stated in the Yacht’s Inventory.
- 7b) 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 Contessa 32 Experience in its absolute discretion shall deem appropriate. 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 charter start date.
- 7c) 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 Contessa 32 Experience’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.
Should the Skipper determine the weather to be unsuitable or dangerous for sailing, he may take the decision not to sail the Yacht in these conditions. The charterer & crew must respect his decision, even if this may lead to postponement or, in extreme cases, cancellation of the charter.
Termination and Repossession
In the event of it coming to the attention of Contessa 32 Experience that the Charterer is in material breach of any of these conditions, Contessa 32 Experience 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 to Contessa 32 Experience prior to the date of such breach.
No liability shall accrue to either party if the other is prevented from fulfilling any of his obligations hereunder by any incidence of Force Majeure, including Act of God, strikes, lock out, Act of Government or Authority or any other occurrence whether similar or dissimilar wholly beyond the control of either party.
Law & Disputes
This Agreement is subject to English law. In the event of a dispute arising under this Agreement, the parties agree to use reasonable endeavours to resolve such a dispute by negotiation. If such negotiation fails, any dispute arising under this Agreement shall be submitted to the jurisdiction of the Courts of England and Wales.