1 Your contract
Your contract is with Clyde Tabh Sailing (Ctsailing). The following terms and conditions will be incorporated into every contract between you and CTsailing. By making a deposit payment (either by credit card or cheque) you will be accepting the terms and conditions both for yourself and all members of your party, and you are therefore advised to read them carefully. This contract will be construed in accordance with Scottish Law and it is agreed between us that each will submit to the jurisdiction of the Scottish Courts.
2 How do 1 book?
Bookings must be made in writing on our booking form and accompanied by a deposit of £200. We will accept provisional bookings by telephone and will normally hold them for 5 working days (but less if made within 2 weeks of the commencement date of the course). The signed booking form must then be returned to our office.
Within 7 days of receipt of your booking we will send you a confirmation of your charter. This should be checked carefully to ensure that it accurately reflects the booking you have requested. Your balance is due 6 weeks before the commencement of your charter. Should you book less than 6 weeks before your charter, then you must pay the full amount at the time of booking. If you fail to pay on time, the company reserves the right to cancel your charter, with no refund of deposit.
4 Security Deposit
The charterer must pay a security deposit as stated on the booking form to CTsailing by cash, or cheque (which will be held until the end of the charter), prior to the commencement of the charter. This is security against equipment damaged by misuse or negligence or any loss or damage suffered by CTsailing due to any breach of this agreement by the charterer, but without prejudice to any claim over and above the security deposit which CTsailing may have. The security deposit or the balance, if any, remaining after any deductions have been made will be returned to the charterer after inspection of the vessel on its return to CTsailing or in any case of dispute, the security deposit or such balance (if any) will be refunded upon settlement of the dispute.
CTsailing reserve the right to cancel the booking at any time and will refund to the charterer all sums already paid. CTsailing will also pay £10 compensation if the charter is cancelled more than 6 weeks prior to the start date or £30 if within 6 weeks. If the charterer wishes to cancel their charter this must be done in writing and will be effective from the date that it is received by CTsailing. The charterer is liable for the full fee unless cancelled more than 6 weeks before the charter in which case only the deposit is forfeit.
6 Charterer's Obligations
The charterer hereby agrees:
To pay all running expenses including harbour and port dues, pilotage fees, fuel and gas.
Not to take the vessel out in bad weather even if this may lead to the vessel not being returned on the return date. CTsailing reserves the right not to take the vessel out if CTsailing considers the weather conditions to be dangerous.
7 CTsailing hereby agrees:
To deliver the vessel to the charterer at the home port shown on the booking form in a good and seaworthy condition, complete with all items listed in the vessel's inventory. In the event of the vessel not being available on the commencement date, CTsailing will endeavour to procure a reasonable alternative and will pay any difference between the original charter fee and the charter fee of any such other vessel. Should CTsailing not be able to offer an alternative, the company will refund the daily charter fee for each whole day of delay caused and after 2 days the charterer may cancel the booking and CTsailing will refund the whole charter fee. CTsailing maintains a limited stock of spares and will wherever possible provide replacement sails etc. However, CTsailing cannot guarantee to provide spares in all cases where all spares may have already been issued.
To insure and keep insured the vessel against all usual marine risks including third party risks to such an extent as CTsailing in its absolute discretion shall deem appropriate. Such insurance policy does not cover injury to or loss of life (except that caused through the negligence of the Skipper), or damage to or loss of property of any person onboard against which the charterer must insure prior to the charter. Advice about such insurance is available from CTsailing on request.
Should it come to CTsailing's attention that the charterer is likely to commit a serious breach of any of these conditions CTsailing may forthwith terminate this agreement and take whatever steps are necessary to take possession of the vessel wherever it may be. Such termination and the taking of the possession shall be without prejudice to any rights and remedies, which may have accrued to CTsailing prior to the date of or by reason of such breach. CTsailing shall, in these circumstances have no liability for the unexpired part of the charter.
Clyde Tabh Sailing’s Skipper is in charge of the vessel and it’s occupants’ at all times and the skippers decision in all matters is final. Failure by the charterer to accept any decision by the skipper could result in a cancellation of the charter.
9 Force Majeure
Neither party shall be liable if prevented from fulfilling any of its obligations by an incident of force majeure including an act of God, strikes, lock out, act of Government or any other occurrence beyond their control.
Carriage thereunder is subject to the rules and limitation relating to liability established by the Athens Convention, as enacted in the Carriage of Passengers and their luggage, by sea, Domestic Carriage (Order 1987).
The charterer shall not be entitled to assign the benefits of this agreement to any third party without the prior agreement of CTsailing and shall remain liable not withstanding any assignment made by him.
No action taken by CTsailing or any failure to act, or time allowed to the charterer or any failure by CTsailing to insist upon and enforce its strict legal rights shall constitute a waiver of any of the provisions of the agreement which shall remain in full force and effect.