The yacht Lady Amalia is operated by  Amalia Sailing Ltd and is registered in the UK. The Charter Agreement is made between Amalia Sailing Ltd (“the Company”) and the individual booking the charter (“the Charterer”).

 

Charter fee and payment terms

The charter fee agreed between the Company and the Charterer includes the cost of the hire of the yacht, its professional skipper and crew, tea, coffee, soft drinks, sweets and biscuits, fuel, mooring fees and the yacht insurance.

 

The non returnable deposit due at the time of booking which is 25% of the charter fee, the balance being due 28 days before the commencement of the charter. The company reserves the right to re-allocate the berth(s) to another charterer if payments are not made in accordance with this agreement. Payment must be made in full at the time of booking  if the date of charter is less than 28 days ahead.

 

Cancellation by the Charterer

Cancellation by the charterer must be notified to the Company in writing. If cancellation is notified one month or more before the charter date, the deposit and any payments made up to a value of 50% of the charter fee, will be forfeited. If cancellation is notified less than one month before the charter date, the charter fee will be forfeited unless the company is able to rebook the cancelled berth(s). If  the cancelled berth(s) are re-booked 50% of the charter fee will be forfeited.

 

Cancellation by the Company

If severe weather preventing sailing, damage to the yacht or non availability of  the yacht for any other reason whatsoever, the company reserves the right to cancel the charter at any time up to and including the date of the charter. An alternative day will offered to the charterer. If none is available suitable to both parties, the charter fee will be refunded in full as the exclusive remedy  to the Charterer who shall have no further claim for any  loss or damage whatsoever resulting from the cancellation of the Charter Agreement.

 

Safety and insurance

Lady Amalia holds a current MCA Category 2 certificate(for voyages up to 60 miles from a safe haven) and is presented to the charterer in a good state of seaworthiness with all equipment in good working order. The yacht carries all safety and medical equipment as required by  the Department of Transport Code of Practice for Small Commercial Vessels(“the Code”). The qualifications and experience of the skipper, which includes training in first aid,  comply with the Code. Lady Amalia is insured on customary marine terms including third party liability up to a maximum of £2 million on any one claim . However charterers are advised that the company does not carry insurance for personal injury , illness, loss or damage to personal belongings or for cancellation for any reason. Charterers  must arrange their own insurance for these risks and ensure that their existing policies on which they wish to rely will cover this activity.    

 

Authority

The skipper on board Lady Amalia on the day of the charter has absolute authority and his/her instructions should be adhered to at all times. The skipper will comply will all reasonable requests of the Charterer but the skipper will be the sole judge of all matters concerning seamanship  and the safety of the yacht.

If the charterer  fails  to comply with the reasonable instructions of the skipper concerning seamanship and the safety of the yacht, the skipper may return the yacht to the port of embarkation whereupon the charter will be terminated and  the charterer will not be entitled to repayment of any part of the charter fee or any other remedy.   

 

Disclaimer of Liability

All members of the Charterer’s party will be required to sign a disclaimer of liability before departure from the port of embarkation . Any members of the Charterer’s party refusing to sign a disclaimer of liability will not be permitted to sail on  the  yacht. Insofar as is permitted by law, the owners of Lady Amalia  and their representatives will not be liable for any loss, damage, death or personal injury to any member of the charterer whether taking an active part in sailing the yacht or not.

 

General

This agreement is governed by the laws of  England. Any dispute arising out of the  agreement  will be referred to a single arbitrator to be appointed in default of agreement  by the Chairman of the Council of the Royal Yachting Association in accordance with the Arbitration Acts 1950 and 1972 and any statutory modification thereto.