Terms and Conditions - Dinghy Hire
(1) BOSHAM SAILING CLUB LIMITED (registered number 02699243) whose registered office is at Thomas Eggar House, Friary Lane, Chichester, West Sussex, PO19 1UF (the "Owner"); and
in respect of the charter of the registered pleasure craft,................ dinghy, including all gear on board
(the "Dinghy"). (BSC No........... )
"Charter Period" :
- "Charter Fee" : the sum of £...............
- "Owner" and "Hirer" : shall include the persons named above and their respective successors in title.
- "Sailing Limits" : the area of water known as Chichester Harbour
The hirer agrees not to lend, sub-let or otherwise part with control of the Dinghy.
WHEREBY IT IS AGREED AS FOLLOWS:
- 1 CHARTER
In consideration of the payment by the Hirer to the Owner of the Charter Fee (receipt of which is hereby acknowledged), the Owner shall let and the Hirer shall charter the Dinghy for the Charter Period.
- 2 OBLIGATIONS OF THE OWNER
The Owner hereby UNDERTAKES as follows:
- 2.1 Owner's duty on handover of Dinghy
To use its best endeavours to hand over the Dinghy to the Hirer at the start of the Charter Period in full commission, in good condition and with all the necessary gear and equipment.
- 2.2 Refund by Owner in case of delay or inability to deliver
To use its best endeavours to deliver the Dinghy to the Hirer at the agreed time and place. If for any cause the Dinghy shall not be so delivered then a pro rata refund shall be made to the Hirer for each complete twelve hours' delay. If the delay should exceed forty-eight hours, this agreement shall become null and void and the Owner shall return to the Hirer the Charter Fee in full but without further liability for either party to pay compensation to the other.
- 3 OBLIGATIONS OF THE HIRER
The Hirer hereby UNDERTAKES as follows:
- 3.1 Reparation for loss or damage
With the exception of loss or damage arising from latent defects or from fair wear and tear to make good all loss of or damage to any gear or equipment belonging to the Dinghy caused during the Charter Period which is not recoverable under the insurance effected by the Owner as well as any loss or damage arising after the Charter Period but attributed to any act or default of the Hirer or any member of his party.
- 3.2 Hirer's duty to report accidents or damage
To report to the Owner (and, where applicable to the insurers) as soon as possible any event likely to give rise to a claim under the insurance and any other accident, damage or failure of or to the Dinghy and to comply with any reasonable instructions given to him by the Owner or the insurers.
The Hirer shall use his best endeavours to obtain the approval of the Owner and shall obtain a written estimate for any work likely to cost over £50 before putting any repairs in hand.
- 3.3 Agreement not to sub-let
- 3.4 Restriction of use
Not without the prior consent of the Owner to use the Dinghy for any purpose other than private pleasure cruising for himself, his crew and his guests and to participate in the events including races organised by the Owner.
- 3.5 Maximum number of persons on board
To limit the number of persons on board the Dinghy to one person per optimist/ two persons per Feva / 4 persons per Bahia unless the Owner grants permission for a greater number.
- 3.6 Sailing limits
Not to take the Dinghy outside the Sailing Limits.
- 3.7 Unlawful acts
Not knowingly or recklessly to permit to be done or to do or fail to do any act which may render void the Owner's policy of insurance or result in the forfeiture of the Dinghy.
- 3.8 Indemnity by Hirer in cases where a Dinghy insurance becomes void
If the insurance policy of the Dinghy shall be rendered void or the policy monies withheld in whole or in part by reason of any act or default of the Hirer or any member of his party, to indemnify the Owner against any loss consequent upon such act or default.
- 3.9 Duty of care in regard to safety and security
To be fully responsible for the safety and security of the Dinghy at all times during the Charter Period.
- 4 INSURANCE AND LIABILITIES
- 4.1 Dinghy insurance
The Owner shall insure the Dinghy for its full market value against fire and all the usual marine and collision risks with protection and indemnity cover of at least £2,000,000 (but not so as to cover the first £100 of any claim). [The Owner also undertakes to inform the appropriate broker or underwriter that the Dinghy is on charter to the Hirer for the Charter Period.] The Owner will provide for the Hirer on request a copy of the policy or certificate and shall ensure that the Hirer is covered under the policy or certificate for the same risks as the Owner itself.
- 4.2 Save in respect of death or personal injury arising from the negligence of the Owner, the Owner shall not be liable for any death, personal injury or any loss of, or damage to, the personal property of the Hirer or any other member of his party, or any other person invited aboard the Dinghy by the Hirer during the Charter Period.
- 4.3 Should major damage occur to the Dinghy during the Charter period so as to involve a claim on the policy of insurance as described in clause 4.1 or should a major breakdown of gear occur of a nature to make the Dinghy unseaworthy, the Owner will make a pro rata refund to the Hirer for the period during which the Dinghy was unseaworthy, PROVIDED ALWAYS that neither the Hirer nor any member of his party caused or contributed to the damage or breakdown.
- 4.4 Notwithstanding anything in this agreement the Hirer shall not be entitled to claim from the Owner any other compensation in respect of damage or breakdown or of any consequential loss however caused.
- 4.5 If the Dinghy shall become an actual or constructive total loss during the Charter Period then provided that the insurance of the Dinghy has not been rendered void or the policy monies withheld in whole or in part by reason of any act or default of the Hirer or any member of his party this agreement shall terminate and the Owner will repay the pro rata proportion of the Charter Fee to the Hirer.
- 5 TERMINATION OF AGREEMENT
- 5.1 Hirer's failure to pay or comply with terms of agreement
If any payment due under this agreement is not made on or by the appointed day, or if the Hirer fails to comply with any other provision in this agreement, the Owner may forthwith terminate this agreement and resume possession of the Dinghy but without prejudice to the right of the Owner to recover any unpaid part of the Charter Fee and damages in respect of any breach of this agreement by the Hirer.
- 6 RE-DELIVERY OF THE DINGHY
- 6.1 Hirer's responsibility upon re-delivery
The Hirer will re-deliver the Dinghy to the Owner free of indebtedness at the end of the Charter Period in as good, clean and tidy condition as when delivered to the Hirer (fair wear and tear excepted), at the Dinghy's base or other place to be agreed between the parties.
- 7 SETTLEMENT OF DISPUTES
In the event of any dispute arising out of this agreement such shall be referred to a sole arbitrator whose decision shall be final. If the parties are unable to agree on the nomination of an arbitrator then he shall be nominated by the Chairman of the RYA.
- 8 LAW
This agreement shall be governed by English law.
Last updated 16:25 on 16 February 2022