FIRST 40 RACING and PROMOCEAN yacht charter 2024

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CHARTER

TERMS & CONDITIONS

These booking conditions will form part of your

contract with PROMOCEAN Yacht Charter

Beach House, Victoria Road, Netley Abbey, Southampton SO31 5DR

1. Charter Deposits & Payments

1a The Charterer shall pay to PROMOCEAN the 50 % deposit or full payment if booking made within 8 weeks of charter, upon payment of the deposit invoice or contract within the required time stated these Conditions shall become binding. Payment of the deposit or full amount means you have accepted our quotation and you accept on behalf of your party the terms of these booking conditions.

1b We will send you a confirmation invoice with the costs and details of your charter. It is your responsibility to check the details on the confirmation invoice and to inform us of any discrepancies immediately.

1c 50 % balance of your charter must be paid at least 8 weeks before your 1st day of charter start date. If the balance is not paid on time we may cancel your charter and apply the cancellation charges set out in the paragraph headed “Cancellation or Amendment” below. The charter deposit is non-refundable unless we are unable to honour your original booking request.

2. Booking Procedure & Requirements

2a At the time of booking we require from you:

50% Deposit (full payment if booking made within 8 weeks of charter start date)

2b 8 weeks prior to departure, we will send you:

Final balance invoice (to be paid prior to charter start date)

3.Yacht Condition

In the case where any wilful damage is caused to the yacht(s) or its equipment, Promocean reserve the right to charge accordingly.

4. Charter Period

In the event of the Yacht(s) being unavailable on the charter start date, Promocean will endeavour to replace the Yacht(s) with one of as similar type and specification as possible, to a value up to the total amount of the charter fee paid for the original yacht(s). Any discrepancy in the charter fees to be met by the Charterer.

If a replacement yacht is not available Promocean will refund the Charter Fee. Promocean accepts no liability for any expenses incurred by or inconvenience caused to the Charterer as a result of such cancellation.

5. Cancellation or Amendment

5a In the event of the Charterer cancelling the booking more than 8 weeks prior to the charter start date, Promocean will be entitled to keep the Deposit and refund any balance to the Charterer.

5b In the event of the Charterer cancelling the booking within 8 weeks prior to the charter start date the charter fees are not refundable. If Promocean is able to re-charter the Yacht(s) for all or part of the charter period, a proportion of the charter fee may be refunded at the discretion of Promocean.

5c Promocean may cancel the booking at any time upon repayment to the Charterer of all sums already paid.

5d Cancellation must be received in writing.

5e If you wish to make any amendments to your charter, we will make every effort to accommodate these but they may be subject to a sum of £50 per yacht  to cover our administrative costs. Requests for amendments must be made in writing.

6.Obligations of the Charterer

6a The details provided by the charterer on the Charter Agreement are complete and accurate.

6b Not to carry any crew other than those persons specified on the Crew List.

6c Not to bring aboard any restricted or illegal goods such as drugs, firearms or explosives.

6d The Charterer will not sub-let or part company with the Yacht without the prior written consent of Promocean.

6e There shall be no smoking below deck or while handling sails, by any person.

6f The Charterer will limit the number of his party to not more than the number allowed for in the provision of safety equipment.

6g The Charterer undertakes to comply with all seagoing rules and regulations currently in force. For skippered charter, to obey the reasonable requests of the appointed skipper.

6h No animals or pets may be taken aboard.

7.Obligations of Promocean Yacht Charter

7a To deliver the Yacht(s) to the Charterer at the requested pick up berth at clients  requested time and date  for charter  start  in good and seaworthy condition complete with all items stated in the Yacht’s Inventory if requested with all with all agreed crew  and in coding required with all sails and safety gear  needed for the specific event .

7b To insure and keep insured the Yacht(s) against fire and all usual marine and collision risks and including third party risks to such an extent as Promocean in its absolute discretion shall deem appropriate. Such insurance policy does not cover injury to or loss of life of any person on board against which the Charterer should insure prior to the charter start date if required.

7c If during the charter period the Yacht(s) shall be damaged or there is a breakdown of the gear or machinery not caused wholly or in part by the neglect of the Charterer and the Yacht is unfit for use (at Promocean’s discretion) a pro-rata return of the charter fee may be made for the lost time. Engine breakdown

in an auxiliary Yacht does not make the Yacht unfit under this agreement.

8.Weather

Should the Skipper determine the weather to be unsuitable or dangerous for sailing, he may take the decision not to sail the Yacht in these conditions.

The charterer & crew must respect his decision, even if this may lead to postponement or, in extreme cases, cancellation of the charter. No sails are to be carried over their winds limits at any time and all race sails are to be used and stored with care.

9.Termination and Repossession

In the event of it coming to the attention of Promocean that the Charterer is in material breach of any of these conditions, Promocean may forthwith terminate this Agreement and take whatever steps are necessary to take possession of the Yacht(s) wherever it may be. Such termination and the taking of possession shall be without prejudice to any rights and remedies which may have accrued to Promocean prior to the date of such breach.

10. Force Majeure

No liability shall accrue to either party if the other is prevented from fulfilling any of his obligations hereunder by any incidence of Force Majeure, including Act of God, strikes, lock out, Act of Government or Authority or any other occurrence whether similar or dissimilar wholly beyond the control of either party.

11.Law & Disputes

This Agreement is subject to English law. In the event of a dispute arising under this Agreement, the parties agree to use reasonable endeavours to resolve such a dispute by negotiation. If such negotiation fails, any dispute arising under this Agreement shall be submitted to the jurisdiction of the Courts of England and Wales.