Frame contract for provision of fractional yacht charter together with skippering service
By purchasing this service, you unconditionally agree
Concluded between: Offsail LTD Offsail LTD, OFFSAIL LTD Private Limited Company, registered at Companies House in Cardiff. Company Number 12357931. Registered address: 1 Theseus Terrace, Milton Keynes, United Kingdom, MK10 7FL. E-mail: email@example.com, Phones: Mobile PL: 0048 516 131 392 Mobile UK: 0044 7411 366 132
Represented by its Managing Director Bartosz Sowislo, further referred as Organizer. Account number:
[Data of the participant] further referred as Participant.
Organizer and Participant are mutually referred as Parties.
- Subject of the agreement
- Subject of the agreement is a berth charter onboard the sailing vessel together with skipper service on approximate route as announced by the Organizer further referred as Charter.
- All above mentioned details including the price of the service are published on the website of the Organizer
- Participant declares in writing (e-mail) his willingness of participation in the particular Charter announced on the website. Willingness of participation in the Charter means unconditional acceptance of this agreement.
- Participant agrees to be a member of the crew of the for a period of duration of the Charter and actively participate in works on the boat.
2. Description of the service:
- Price for the service covers the following elements of the Charter
- Sailing trip on the sailboat along the route as indicated on the website of the Organizer
- Place in double or bunk cabin for each of the participants (it means you may need to share the cabin with someone else) together with a full set of bed linen.
- Supervision of the Skipper
- Third party liability insurance and accident insurance
- Preparation of one meal per day (other meals are prepared by participants based on the schedule prepared by the skipper)
- Right to use of all facilities and amenities of the sailboat
- Price for the service does not cover:
- Transportation to the port of embarkation and port of disembarkation
- Additional fees in marinas like: showers, laundry etc.
- Harbour fees
- Food supplies
3. Rights and obligations of the Participant
- Participant has a right to:
- Usage of all amenities of the sailboat
- Remaining on the sailboat for the entire duration of the charter regardless from the fact if journey has been completed on time or ahead of time
- Proposing interesting destinations or places to visit / anchor / moor as long as they’re in the reasonable distance from the main route
- Participation in every day works on the boat
- Participation in navigating and working on sails, helm, observe etc.
- Request explanations from the Skipper especially in terms of the sailing knowledge and maritime practice
- Being trained by the Skipper
- Fill out feedback form at the end of the charter
- Duties and obligations of the Participant:
- Follow the Instructions of the Skipper especially in all situations related to the personal safety and safety of the equipment
- Follow the watch regime if it was introduced
- Follow the list of ‘Standing Orders’
- Inform the Skipper about all observed malfunctions and discrepancies
- Cover the cost of malfunctions caused by the Participant
- Inform Skipper about dietetary requirements and medical condition
- Organizer reserves the rights to:
- Altering the port of embarkation / disembarkation especially if it is dictated by the atmospheric conditions or was caused by the act of God. Should change like that occur, organizer will do all in his force to choose the closest possible harbour in order to minimize the inconveniences for participants
- Forced disembarkation of the Participant without reimbursement of the costs prior to the end of Charter should (s)he drastically violate this agreement, Standing Order List or acts in a way that is socially unacceptable or disturbing to other participants of the Charter
- Cancellation of the Charter with full reimbursement of the cost in cases of force meujeure
- Refusal of departure from the Harbour in all cases when he finds weather conditions insufficient and endangering the safety of the Charter
- Request help of the Participants in shopping of the food supply
- Forced disembarkation in cases of alcohol consumption on the vessel while at sea
- Refusal of carriage / embarkation and asking police assistance whenever he reasonably believes, that participant carries illegal substances or firearms
- Duties of the Organizer:
- Make every effort that Charter starts and ends as per initially published schedule
- Ensure that sailboat fulfills all necessary safety requirements as described in separate regulations, especially that is coded for intended area of charter, and fully compliant with regulations of its flag / registry state
- Ensure safe manning of the boat
- Issue the Certificate of the Sea Passage for Participants
- Make sure that Charter will be unforgettable experience
4. Cancellation and diversion policy
- Reservation and cancellation policy
- Participation in the Charter is considered confirmed at the moment of transfer of minimum 50% of the advance of the price of the Charter on the bank account of the organizer. In case advance is not paid, reservation is not confirmed
- Remainder of the price must be paid latest during the embarkation on the vessel
- Advance is not reimbursed in case of cancellation within the period of 45 days prior to the planned embarkation
- Diversion policy
- Skipper will always do his best to start the charter and finish the charter in scheduled harbours of embarkation / disembarkation
- Scheduled harbours of embarkation and disembarkation might change if it is justified by the weather conditions or safety
- Organizer does not cover additional cost of travel caused by the diversion
- Should diversion happen to a harbour which is further than 150 km in a straight line from scheduled harbour of embarkation / disembarkation, participant is entitled to receive 50% voucher for a one week charter in the course of the next season