Agency Terms
This Agreement is made in relation to arranging the Charter of a yacht for use as a Bareboat or Skippered Charter by the client, and it is between the company trading as Reach Yachts Ltd (the ‘Agent’) and (the ‘Client’) who is looking to charter a yacht through the Agent.
1. DEFINITIONS
The parties agree to the following definitions:
Agent: Reach Yachts Ltd, company registration number 14676201, registered office 35 Windmill Street, Brill, Aylesbury, Buckinghamshire, HP18 9TG trading as Reach Yachts.
Booking Summary: the document issued by the Agent stating the specifics of the Charter. This includes but is not limited to all costs of the Charter, a payment schedule, the Security Deposit payable, the boat type and ports and points of departure and return, which is subject to this Agency Agreement for the purposes of confirmation of details for the booking, and to the Charter Agreement for the provision of the Charter by the supplier.
Charter: the period specified within the Booking Summary during which the Client has use of the Yacht.
Charter Agreement: the agreement between the Supplier and the Client, and the Booking Summary.
Client: persons aged 18 years old or above who have completed a booking with the Agent.
Commencement Date: the date the Booking Summary is signed by the Client and the Agent or the date the Agent receives the Initial Deposit from the Client, whichever is the earlier.
Departure Date: the first day of the booked Charter.
Initial Deposit: the initial non-refundable sum of the total quoted price payable to the Agent in respect of the Charter, as specified in the Booking Summary.
Due Diligence: the reasonable investigative checks carried out by the Agent on the Client, solely in relation to the Charter.
Payment Schedule: the breakdown of what is required to be paid by the Client in respect of the Charter, in the Booking Summary.
Security Deposit means the refundable deposit left at check in on the Yacht by the Client to secure against potential damages, payable / refundable in accordance with the Charter Agreement.
Supplier: the Yacht owner, operator and/or travel providers stated in the Client’s Booking Summary.
Website: the Agent’s www.reachyachts.com
Yacht: the boat type specified in the Booking Summary, which is subject to the Charter.
2. AGREEMENT
2.1 This Agency Agreement shall commence on the Commencement Date and shall continue until the Charter has been completed or has been cancelled, unless terminated by either party in accordance with this Agency Agreement. The parties acknowledge and accept that the Agent is not a party to the Charter Agreement between the Supplier and the Client, and that such agreement is separate to this Agency Agreement.
2.2 The Supplier terms and conditions detailed in the Charter Agreement will apply to the Charter. For example, prior to commencement of the Charter, the Supplier will require the Client to sign the Supplier’s Charter Agreement for bareboat charter, which may incorporate legal requirements for Yacht Charter in the country(ies) in which the Charter is taking place. The Supplier will advise on any fees payable for returning the Yacht late at the end of the Charter, such fees may be deductible from the Security Deposit in the Client’s Charter Agreement with the Supplier.
2.3 By paying the initial Deposit or signing the Booking Summary, the Client is deemed to have read and understood this paragraph and accepts that the further terms and conditions of the Supplier’s Charter Agreement that may apply to the Charter.
2.4 The Client shall have the cancellation rights set out in paragraph 8 and 9, to cancel this Agency Agreement or the Booking Summary (or as set out in the Charter Agreement) as a result of being presented with the Suppliers’s terms and conditions in the Charter Agreement.
3. BOOKING
3.1 Following the commencement of this Agency Agreement, the Agent will provide the Client with a Booking Summary promptly and will offer to hold the Yacht for 72 hours, without a deposit.
3.2 Client shall promptly sign the Booking Summary to indicate that they wish to proceed with the booking and/or pay the Initial Deposit specified in the Booking Summary.
3.3 The Client acknowledges and agrees that it is the Client’s responsibility to ensure the details contained in the Booking Summary are correct. If there are any factual errors in the Booking Summary the Client must contact the Agent within seventy-two (72) hours of becoming aware of the error so the Agent can amend and resend the Booking Summary to the Client.
3.4 The Agent shall consider the booking confirmed when it has sent a receipt for the Initial Deposit to the Client, which is the time at which the Client completes the booking in accordance with this Agency Agreement and is committed to the contract with the Supplier in accordance with the Charter Agreement.
3.5 The Agent and the Supplier will deem the Client to have accepted the Suppliers’s Charter Agreement upon payment of the Initial Deposit to the Agent .
3.6 If the booking occurs less than six (6) weeks from the Departure Date, the Agent will require the Client to pay the cost of the Charter in full.
4. PAYMENT
4.1 The Agent will provide a Payment Schedule for the Client in the Booking Summary.
4.2 The Client shall pay the charter fee to the Agent in accordance with the dates and amounts, detailed in their Booking Summary. The Client shall pay the Initial Deposit by the following methods;
- via bank transfer or, Debit, Visa, Master or Amex Card if the Booking Summary is for a skippered and/or
bareboat Charter.
4.4 Please be aware that the Supplier may seek to change the price of your Charter and they may do so in accordance with their Charter Agreement.
4.5 Reach Yachts Ltd expects funds to be paid in full, without the deduction of any
sender’s and receiver’s bank charges.
5. SECURITY DEPOSIT
5.1 Before commencing the Charter, the Client shall leave a Security Deposit with the Supplier; this shall be paid on check in at the charter base. The Security Deposit will be detailed in the Booking Summary with the payment methods accepted.
5.2 The Security Deposit will cover the cost of additional cleaning, unpaid fuel, late return fees and loss or damage caused to the Yacht and equipment, together with anything else set out in the Charter Agreement.
5.3 At the completion of the Charter the Security Deposit will be refunded in full (less any sums deducted) in accordance with the Charter Agreement. The Security Deposit is strictly between the Client and the Supplier. 5.4 The Agent does not accept any liability for the failure of the Supplier to return the Security Deposit to the Client and is not in any way responsible for the loss of, or any deductions made from, such monies.
6. INSURANCE
6.1 Each Yacht is fully insured under a marine insurance policy by the Supplier, covering loss, damage and third-party indemnity.
6.2 The Client shall take all reasonable care of the Yacht. In the event of damage to the Yacht or its equipment the Client’s liability is limited to the amount of the Client’s Security Deposit, unless such damage is caused by the Clients’ negligence, recklessness or wilful damage, or unless otherwise set out in the Charter Agreement.
6.3 In the event of the Yacht incurring damage due to the Clients’ negligence, recklessness or intent, the Supplier may require the Client to supplement the Client’s Security Deposit and pay any relevant sums required to repair such damage.
7. TRAVEL INSURANCE
7.1 It is the Client’s responsibility to take out adequate travel insurance to cover themselves while on holiday, and in the event of Cancellation. The Agent does not organise or sell travel insurance policies.
8. CANCELLATION
8.1 The Client may make cancellations. The Client must notify the Agent in writing, by post or email. Cancellations will be subject to the applicable cancellation clause (and any applicable cancellation fees) in the Supplier’s Charter Agreement with the Client.
8.2 Upon receipt of notification of cancellation, the Agent will send an acknowledgement email or letter to the Client to confirm receipt of the cancellation. Cancellation will be effective from the date the Client receives the acknowledgement of the receipt of cancellation from (or communicated by) the Supplier, through the Agent.
8.3 Should the Supplier cancel the Charter, the Agent will reasonably endeavour to find the Client an acceptable replacement charter, or provide a full refund of money paid to the Agent, by the Client.
9. CHANGES
9.1 Once a booking is confirmed, the Agent will attempt to accommodate any reasonable alterations requested by the Client. Any change will always be subject to availability of and cooperation from the Supplier.
9.2 Major alterations such as change of date, or Yacht type will be treated as a cancellation and re-booking and may result in an increase or decrease of the Charter price.
9.3 Any administration charge charged by the Supplier will be passed on to the Client.
9.4 In the event that changes are required to the Client’s booking due to operational reasons of the Supplier, the Client will be notified as soon as is reasonably possible with the details of the changes. If the changes are not reasonably acceptable to the Client, the Client can request to cancel the Charter Agreements and the Agent will arrange a refund from the Supplier to the Client for all monies paid by the Client to date.
10. SAILING EXPERIENCE
10.1 When the Supplier offers a bareboat, the Yachts are offered on the condition that the person identified on the Client’s booking form as the skipper has sufficient sailing experience, a license to handle a yacht of the size and type chartered, and is assisted by at least one other able adult crew member.
10.2 In addition to a valid license for the Country of Charter, some destinations will also require the charterer to have a valid VHF Certificate of Competency. It is the Client’s responsibility to ensure that the skipper has the requisite Certificate of Competency required by the authorities in any Country visited during the Charter.
10.3 If, in the judgment of the Supplier, the Client or the nominated Skipper are not competent to operate the Yacht, the Supplier reserves the right to require the Client to take a skipper selected by the Supplier at the Client’s own expense, or may refuse to Charter the Yacht to the Client and cancel the booking in accordance with the Charter Agreement.
10.4 Unless otherwise agreed in writing with the Supplier, the Client shall not use the Yacht to take part in any races, events, or competitions.
11. YACHT SPECIFICATIONS
11.1 The Agent cannot guarantee that the Yacht will meet the exact details described on the Website as this information is provided by the Supplier.
11.2 Photographs of Yachts on the Agent’s Website are intended only to give a general idea of the type of Yachts available for charter.
11.3 There may be differences between the yacht shown on the Website and the Chartered Yacht. Any Yachts chartered will be of an equivalent standard to any shown on the Website, and as detailed in the Booking Summary.
12. COMPLAINTS
12.1 The Agent maintains the highest standards in choosing its Suppliers and uses reasonable endeavours to work with Suppliers that have good standards in place.
12.2 If the Client is not satisfied with the performance of any element of the Charter booked through the Agent, the Client should address any complaints to the Supplier at the earliest possible opportunity. The Client may inform the Agent of their concerns and the Agent will reasonably seek to assist the Client.
13. AGENT’S RESPONSIBILITY
13.1 The Agent shall exercise reasonable Due Diligence to ensure that any Charter booked by the Client is provided in accordance with the Charter Agreement and as anticipated in this Agency Agreement. The Agent accepts responsibility for any loss or damages caused to the Client as a direct result of the negligence or default of the Agent or any persons directly employed by the Agent only, but does not have any responsibility in relation to the Supplier and/or any of its obligations to the Client under the Charter Agreement.
13.2 The provision of Charter involves independent parties who are neither employed by the Agent nor under the Agent’s direct control.
13.3 The Agent does not accept any responsibility for the conduct, behaviour or any actions of these independent parties.
13.4 The Client acknowledges and agrees that the Agent will not be responsible for loss or damage including inconvenience or disruptions caused by the acts or defaults of independent parties, or by force majeure events including but not limited to the following: war or threat of war, riot, civil strife, terrorist activity, industrial dispute, unavoidable technical problems with transport, closure or congestion of airports, natural or nuclear disaster, fire, adverse weather conditions or similar events beyond the Agent’s control.
13.5 In any event Agent’s total liability under the Agency Agreement shall be limited to the total amount paid by the Client to the Agent under the Booking Summary. The Agent will not accept any liability for any losses incurred by the Client in connection with the Charter, including but not limited to loss of use, direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs.
14. ASSIGNMENT AND OTHER DEALINGS
14.1 Neither party shall assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under this Agency Agreement.
15. ENTIRE AGREEMENT
15.1 This Agency Agreement and the Booking Summary constitute the entire agreement and only agreement between the parties and supersedes all previous agreements between the parties regarding the subject matter of this Agency Agreement and Booking Summary and this Agency Agreement specifically excludes any terms agreed between the Client and the Supplier under the Charter Agreement.
15.2 Each party acknowledges and agrees that in entering into this Agreement it has not relied on, and shall have no remedy in respect of, any statement, representation, undertaking or warranty, whether oral or in writing, save as is expressly set out in this Agency Agreement and/or the Booking Summary.
15.3 Each party acknowledges and agrees that the only remedy available to it for breach of this Agency Agreement shall be for breach of contract under the terms of this Agency Agreement.
15.4 Nothing in this paragraph shall limit or exclude liability for fraud.
16. COUNTERPARTS
16.1 This Agency Agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement.
17. THIRD PARTY RIGHTS
17.1 For the purpose of the Contracts (Rights of Third Parties) Act 1999, this Agency Agreement does not and is not intended to give any rights, or any right to enforce any of its provisions, to any person who is not a party to it. The Supplier in the Booking Summary is not party to this Agency Agreement and shall have no rights or remedies under it.
18. LAWS
18.1 This Agency Agreement relating to how we operate as the Agent is subject to the laws of England and Wales.