STANDARD TERMS AND CONDITIONS FOR SKIPPERED CHARTERS
1. Sailaway Scotland Yacht Charter Ltd ("Sailaway") acts as agent for the yacht owner in arranging the charter and collecting payments. A non-refundable deposit of 20% is payable to Sailaway on booking the charter. The booking is not confirmed until the booking form is returned completed and signed by the charterer; and the booking deposit has been paid.
2. The balance of the charter fee must be paid to Sailaway 60 days before the charter is due to commence. If the charter is booked within 60 days of the start of the charter period, the full amount of the charter fee is due with the booking. To cancel, written notice must be received at least 60 days before the charter otherwise the balance of the charter fee remains payable.
3. No age limit is rigidly imposed, however charterers should satisfy themselves that they and those they intend to sail on the yacht during their charter (the "charter party") are all reasonably fit and likely to be able to cope with the physical and mental demands of being on a small yacht at sea.
4. The yachts are provided with full safety gear as specified by the MCA, including liferafts, flares, harness lines and adult-sized lifejackets. Should however the charter party include children for whom adult-sized lifejackets would be too large, then it will be the charterer’s responsibility to ensure that those children are each provided with - and required to wear at all times when on the yacht - suitably sized lifejackets or buoyancy aids. Waterproof sailing clothing is not provided with the yacht but may be hired separately.
5. The charterer and all members of the charter party are deemed to understand and accept that sailing can be dangerous and has certain inherent risks, including the risk of injury or death.
6. The yachts are fully insured against accidents and carry third party liability insurance, but responsibility is not accepted for any personal accidents, damage or losses that are due to the negligence of members of the charter party. Any unnecessary damage and/or losses attributed to carelessness on the part of members of the charter party will be charged at replacement price; and if not paid by them then recovered from the charterer, who is in any event strongly recommended to arrange appropriate insurance cover for cancellation, injury and personal liability. For some skippered charters a refundable security deposit may also be payable by the charterer; deductions may be made from this deposit, to allow full or partial recovery of such damage and/or losses.
7. Damage to a charter party member’s personal property during the charter will not be the responsibility of Sailaway, or the yacht owner, or their servants or agents. Nor will Sailaway, the yacht owner or their servants or agents be liable for any other loss, injury or damage which may arise as a result of the normally accepted risks of sailing in a small yacht.
8. The charter contract will be subject to the Law of Scotland.