Euphoria Sailing Ltd. Terms and conditions for SHOP - Equipment sales | activities and courses | Boat Charter
About Us Euphoria Sailing Ltd. is completely dedicated to your total satisfaction. If you have any suggestions or comments please email us using the link here
Terms and Conditions For Vouchers, Activities and Courses
Opening Times - 09am - 18pm daily
Courses or vouchers times 10am - 4pm
You can book by email, post or telephone.
To help you find the right activity/course, please email or telephone with your initial enquiry and we will endeavour to find the right match for you.
Bookings cannot be accepted without the appropriate payment. All activity/course and accomodation payments must be made prior to arrival.
Payment
1. All bookings must be reserved by Euphoria Sailing receiving the appropriate payment.
2. Payment of the activity/course fee in full is required for any course at the time of booking.
3. Crossed cheques should be made payable to 'Euphoria Sailing Ltd' and sent to Euphoria Sailing Ltd, 34 Eastlands Park, Bishopston, Swansea, SA3 3DQ.
4. Payment can be made via phone with debit or credit cards.
Opening Times - 09am - 18pm daily
Courses or vouchers times 10am - 4pm
You can book by email, post or telephone.
To help you find the right activity/course, please email or telephone with your initial enquiry and we will endeavour to find the right match for you.
Bookings cannot be accepted without the appropriate payment. All activity/course and accomodation payments must be made prior to arrival.
Payment
1. All bookings must be reserved by Euphoria Sailing receiving the appropriate payment.
2. Payment of the activity/course fee in full is required for any course at the time of booking.
3. Crossed cheques should be made payable to 'Euphoria Sailing Ltd' and sent to Euphoria Sailing Ltd, 34 Eastlands Park, Bishopston, Swansea, SA3 3DQ.
4. Payment can be made via phone with debit or credit cards.
Cancellations
By Client
1. All cancellations must be in writing or by email.
2. Your personal insurance may provide cover against certain unavoidable cancellation.
3. If you cancel at least 8 weeks before the start of your activity/course the full amount will be refunded.
4. If less than 8 weeks notice of cancellation is given after full payment has been made for the activity/course, 80% of your course fee is retained
5. If you cancel 2 weeks or less before the start of your course, your fee is retained.
By Euphoria Sailing
1. Every attempt will be made to ensure your activity/course actually runs. However, Euphoria Sailing reserves the right to cancel a course at any time:
1.1 where it believes on reasonable grounds that cancellation is necessary due to unsuitable conditions.
1.2 where numbers fail to reach a workable minimum.
2. Where an activity/course has to be cancelled, we'll offer clients the following options:
2.1. a full refund of the activity/course fee paid will be considered depending on the circumstances.
2.2. an alternative set of dates.
Euphoria Sailing's liability does not extend beyond points 1- 2 above.
By Client
1. All cancellations must be in writing or by email.
2. Your personal insurance may provide cover against certain unavoidable cancellation.
3. If you cancel at least 8 weeks before the start of your activity/course the full amount will be refunded.
4. If less than 8 weeks notice of cancellation is given after full payment has been made for the activity/course, 80% of your course fee is retained
5. If you cancel 2 weeks or less before the start of your course, your fee is retained.
By Euphoria Sailing
1. Every attempt will be made to ensure your activity/course actually runs. However, Euphoria Sailing reserves the right to cancel a course at any time:
1.1 where it believes on reasonable grounds that cancellation is necessary due to unsuitable conditions.
1.2 where numbers fail to reach a workable minimum.
2. Where an activity/course has to be cancelled, we'll offer clients the following options:
2.1. a full refund of the activity/course fee paid will be considered depending on the circumstances.
2.2. an alternative set of dates.
Euphoria Sailing's liability does not extend beyond points 1- 2 above.
Safety
In addition to enjoyment and learning new skills, safety is of paramount importance on all Euphoria Sailing's activities and courses. Clearly, watersports and adventure activites are hazardous by their nature and participants, parents or guardians must accept that there are risks and the inevitable bumps and scrapes which happen during the thrills and spills of fast moving activities. To manage the risks so far as we are able, Euphoria Sailing has a health and safety policy:
- only employ qualified experienced staff are employed.
- a range of quality personal protective and safety equipment for particitpants' comfort and safety is provided.
- up-to-date equipment for your activity/course is provided.
- we teach to national governing body recommendations and guidelines.
- we have robust management and safety systems which have been inspected by approved bodies such as Adventure Activity Licensing Authority (AALA), Royal Yacht Association (RYA).
- we reserve the right to modify or cancel an activity if it is considered that there are unmanageable risks.
In addition to enjoyment and learning new skills, safety is of paramount importance on all Euphoria Sailing's activities and courses. Clearly, watersports and adventure activites are hazardous by their nature and participants, parents or guardians must accept that there are risks and the inevitable bumps and scrapes which happen during the thrills and spills of fast moving activities. To manage the risks so far as we are able, Euphoria Sailing has a health and safety policy:
- only employ qualified experienced staff are employed.
- a range of quality personal protective and safety equipment for particitpants' comfort and safety is provided.
- up-to-date equipment for your activity/course is provided.
- we teach to national governing body recommendations and guidelines.
- we have robust management and safety systems which have been inspected by approved bodies such as Adventure Activity Licensing Authority (AALA), Royal Yacht Association (RYA).
- we reserve the right to modify or cancel an activity if it is considered that there are unmanageable risks.
Our Contact details:
Mail: Euphoria Sailing Ltd, 34 Eastlands Park, Bishopston, Swansea, SA3 3DQ
Tel: 01792 234502 Mob: 0781 2774701
Email: info@euphoriasailing.com
Making a purchase - Please e-mail or telephone your order to us - our online shop accepts pre payment via PAYPAL secure payments.
Mail: Euphoria Sailing Ltd, 34 Eastlands Park, Bishopston, Swansea, SA3 3DQ
Tel: 01792 234502 Mob: 0781 2774701
Email: info@euphoriasailing.com
Making a purchase - Please e-mail or telephone your order to us - our online shop accepts pre payment via PAYPAL secure payments.
Terms and Conditions. Shop - Equipment Sales
About Us Euphoria Sailing Ltd. is completely dedicated to your total satisfaction. If you have any suggestions or comments please email us using the link here.
Our Contact details:
Mail: Euphoria Sailing Ltd, 34 Eastlands Park, Bishopston, Swansea, SA3 3DQ
Tel: 01792 234502 Mob: 0781 2774701
Making a purchase.
Currency Accepted is £ Pounds Sterling. If you are shopping from North America or anywhere else, place your order and your credit card company will convert the transaction from Pounds Sterling to US Dollars or your own currency.
We can accept debit or credit cards. We do not charge for any item until it is ready to ship. Backordered items are not charged until they are shipped. You may send your credit card information via phone, fax or mail.
Order Information
When confirmation of order is received, this is to indicate that we have received your order. It does not indicate that a contract exists between us. We will indicate acceptance of your order, and hence a contract between us, when we send you a Euphoria Sailing Ltd receipt or invoice. We have included this term to protect us in the case that a mistake has been made in pricing, we have inadvertently under-priced goods, or we are no longer able to supply a particular product for some reason. In the case of a change of price, we will always contact you first to ensure that the price is acceptable.
Delivery Schedule.
We will normally send your order to you in 7 business days . International orders are generally received in under 28 days.
Back Orders If your item is not in stock, we will back order for you. You will always be emailed with the option to cancel your order if you would rather not wait.
Tax Charges
All orders are subject to VAT where applicable.
Privacy Policy
Euphoria Sailing Ltd. do not disclose buyers' information to third parties other than when order details are processed as part of the order fulfilment. In this case, the third party will not disclose any of the details to any other third party.
Returns Policy
If you are not entirely satisfied with the items you have ordered, please ensure that you return them unused within seven days.
Please return the goods, as they were dispatched to you, in the original packaging. We strongly recommend that you return the goods with proof of postage from the post office, as we will not accept responsibility for parcels lost or damaged in transit.
We will only refund any postage / delivery cost if the item returned is faulty.
Your rights to return goods are protected under the EU Distance Selling Directive which can be found at http://www.hmso.gov.uk/si/si2000/20002334.htm
Our Contact details:
Mail: Euphoria Sailing Ltd, 34 Eastlands Park, Bishopston, Swansea, SA3 3DQ
Tel: 01792 234502 Mob: 0781 2774701
Email: info@euphoriasailing.com
About Us Euphoria Sailing Ltd. is completely dedicated to your total satisfaction. If you have any suggestions or comments please email us using the link here.
Our Contact details:
Mail: Euphoria Sailing Ltd, 34 Eastlands Park, Bishopston, Swansea, SA3 3DQ
Tel: 01792 234502 Mob: 0781 2774701
Making a purchase.
Currency Accepted is £ Pounds Sterling. If you are shopping from North America or anywhere else, place your order and your credit card company will convert the transaction from Pounds Sterling to US Dollars or your own currency.
We can accept debit or credit cards. We do not charge for any item until it is ready to ship. Backordered items are not charged until they are shipped. You may send your credit card information via phone, fax or mail.
Order Information
When confirmation of order is received, this is to indicate that we have received your order. It does not indicate that a contract exists between us. We will indicate acceptance of your order, and hence a contract between us, when we send you a Euphoria Sailing Ltd receipt or invoice. We have included this term to protect us in the case that a mistake has been made in pricing, we have inadvertently under-priced goods, or we are no longer able to supply a particular product for some reason. In the case of a change of price, we will always contact you first to ensure that the price is acceptable.
Delivery Schedule.
We will normally send your order to you in 7 business days . International orders are generally received in under 28 days.
Back Orders If your item is not in stock, we will back order for you. You will always be emailed with the option to cancel your order if you would rather not wait.
Tax Charges
All orders are subject to VAT where applicable.
Privacy Policy
Euphoria Sailing Ltd. do not disclose buyers' information to third parties other than when order details are processed as part of the order fulfilment. In this case, the third party will not disclose any of the details to any other third party.
Returns Policy
If you are not entirely satisfied with the items you have ordered, please ensure that you return them unused within seven days.
Please return the goods, as they were dispatched to you, in the original packaging. We strongly recommend that you return the goods with proof of postage from the post office, as we will not accept responsibility for parcels lost or damaged in transit.
We will only refund any postage / delivery cost if the item returned is faulty.
Your rights to return goods are protected under the EU Distance Selling Directive which can be found at http://www.hmso.gov.uk/si/si2000/20002334.htm
Our Contact details:
Mail: Euphoria Sailing Ltd, 34 Eastlands Park, Bishopston, Swansea, SA3 3DQ
Tel: 01792 234502 Mob: 0781 2774701
Email: info@euphoriasailing.com
BOAT CHARTER TERMS & CONDITIONS
1. DEFINITIONS
(1.1) The term 'Charterer' shall include where appropriate, all or any crew and any other person from time to time on board the vessels, for whose acts or omissions the Charterer shall also be liable.
(1.2) The booking form and charter agreement once signed by both parties becomes binding on acknowledgement of receipt of the charter deposit by Euphoria Sailing Ltd.
2. CHARTER PERIOD
(2.1) The charter shall commence at the time on the Commencement Date and end at the time on the Return Date shown on the booking form and charter agreement, but these conditions will remain in force until the vessel has been handed back in a condition satisfactory to Euphoria Sailing Ltd.
(2.2) In the event of the vessel not being available on the Commencement Date, Euphoria Sailing Ltd will endeavour to procure a reasonable alternative vessel and Euphoria Sailing Ltd will pay any difference between the original Charter Fee and the Charter Fee of such other vessel or make a refund to the Charterer if the alternative vessel is cheaper.
(2.3) Euphoria Sailing Ltd will refund the daily Charter Fee for each whole day of delay caused through the non-availability of the vessel. After two days the Charterer may cancel the booking and Euphoria Sailing Ltd will refund the whole Charter Fee and Security Deposit. Euphoria Sailing Ltd accept no liability for any expenses incurred by or inconvenience to the Charterer as a result of such cancellations and the Charterer accepts that this provision is reasonable in all the circumstances.
(2.4) The Charterer shall return the vessel to the home port specified on the booking form on the Return Date at the stated time free from indebtedness and clear of all personal effects. For each day or part of a day the vessel is not in the possession of Euphoria Sailing Ltd the Charterer shall pay the daily Charter Fee and the amount of all losses, direct and consequential, suffered by Euphoria Sailing Ltd, and its administrative costs and expenses arising from the Charterer failing to return the vessel on the Return Date. The Charterer shall immediately inform Euphoria Sailing Ltd. if it becomes apparent that the Charterer is unable to return the vessel to the home port by the Return Date but such notification shall not affect the Charterer's liability for failing to return the vessel. Euphoria Sailing Ltd may waive all or part of any extra charter fees if Euphoria Sailing Ltd accepts there is a good reason why the vessel has not been returned on the Return Date.
3. PAYMENTS
(3.1) Full prepayment of the charter fee is required if less than 14 days remain to the commencement of the charter, when returning the completed and signed booking form and charter agreement.
(3.2) If the charter is secured by deposit the full balance is required 14 days prior to the charter commencement. If the Charterer fails to pay the full balance, Euphoria Sailing Ltd may treat the booking as cancelled and endeavour to charter the vessel to another person. The Charterer shall without prejudice to any other right or remedy of Euphoria Sailing Ltd under these circumstances forfeit the whole of their deposit.
(3.3) If the Charterer wishes to cancel their charter this must be done in writing and will be effective from the date which it is received in Euphoria Sailing Ltd. The Charterer is liable for the full fee unless cancelled in writing more than six weeks before the charter, in which case only the deposit payment is forfeit. If full fee is forfeit any Security Deposit paid will be refunded.
(3.4) Euphoria Sailing Ltd reserves the right to cancel the booking at anytime and will refund to the Charterer all sums already paid.
4. SECURITY DEPOSIT
(4.1) The Charterer shall pay the Security Deposit as stated on the booking form and charter agreement to Euphoria Sailing Ltd by cash, or cheque not less than 14 days prior to the Commencement Date of the charter, as security against the vessel being returned in a condition other than its condition on the Commencement Date and against any losses or damage that may have occurred during the charter period which is the responsibility of the Charterer and against any loss or damage suffered by Euphoria Sailing Ltd due to any breach of this agreement by the Charterer but without prejudice to any claim over and above the Security Deposit which Euphoria Sailing Ltd may have.
(4.2) The Security Deposit or any balance remaining shall be returned to the charterer within 14 days after the redelivery of the yacht to Euphoria Sailing Ltd. 5. ACCEPTANCE AND RETURN OF VESSEL
(5.1) The Charterer shall be given the opportunity for a period of no more that two hours after the time on the Commencement Date shown on the booking form to inspect the vessel, its equipment and check sign the inventory. After such a period it shall be deemed that the Charterer has accepted the vessel and is satisfied with its condition and inventory.
(5.2) Euphoria Sailing Ltd may accompany the Charterer on the vessel for a trial of such duration as it deems necessary prior to allowing the Charterer to take possession on the Commencement Date. Euphoria Sailing Ltd reserves the right in its sole discretion not to hand over the vessel if after such a trial it is of the opinion of Euphoria Sailing Ltd that the Charterer is not, or may not be competent to be charge of the vessel.
(5.3) Upon return of the vessel the Charterer shall hand the vessel over to an authorised member of Euphoria Sailing Ltd staff, leave it clean and substantially in the same condition it was on the Commencement Date. Euphoria Sailing Ltd reserves the right to charge up to £75 out of the Security Deposit for cleaning the vessel if it is not returned in a satisfactory condition. The authorised staff member will sign for the vessel's inventory but cannot accept that the vessel is free from defects that may not be immediately apparent.
(5.4) Any damage or defects must be reported to Euphoria Sailing Ltd authorised staff and entered in the vessel's log book.
(5.5) In the event of any disagreement over damage or losses, the matter will be referred to a senior member of the Euphoria Sailing Ltd staff. If agreement cannot then be reached an independent arbitrator will then be appointed, with the costs of such arbitration to be shared equally between Euphoria Sailing Ltd and the Charterer.
1. DEFINITIONS
(1.1) The term 'Charterer' shall include where appropriate, all or any crew and any other person from time to time on board the vessels, for whose acts or omissions the Charterer shall also be liable.
(1.2) The booking form and charter agreement once signed by both parties becomes binding on acknowledgement of receipt of the charter deposit by Euphoria Sailing Ltd.
2. CHARTER PERIOD
(2.1) The charter shall commence at the time on the Commencement Date and end at the time on the Return Date shown on the booking form and charter agreement, but these conditions will remain in force until the vessel has been handed back in a condition satisfactory to Euphoria Sailing Ltd.
(2.2) In the event of the vessel not being available on the Commencement Date, Euphoria Sailing Ltd will endeavour to procure a reasonable alternative vessel and Euphoria Sailing Ltd will pay any difference between the original Charter Fee and the Charter Fee of such other vessel or make a refund to the Charterer if the alternative vessel is cheaper.
(2.3) Euphoria Sailing Ltd will refund the daily Charter Fee for each whole day of delay caused through the non-availability of the vessel. After two days the Charterer may cancel the booking and Euphoria Sailing Ltd will refund the whole Charter Fee and Security Deposit. Euphoria Sailing Ltd accept no liability for any expenses incurred by or inconvenience to the Charterer as a result of such cancellations and the Charterer accepts that this provision is reasonable in all the circumstances.
(2.4) The Charterer shall return the vessel to the home port specified on the booking form on the Return Date at the stated time free from indebtedness and clear of all personal effects. For each day or part of a day the vessel is not in the possession of Euphoria Sailing Ltd the Charterer shall pay the daily Charter Fee and the amount of all losses, direct and consequential, suffered by Euphoria Sailing Ltd, and its administrative costs and expenses arising from the Charterer failing to return the vessel on the Return Date. The Charterer shall immediately inform Euphoria Sailing Ltd. if it becomes apparent that the Charterer is unable to return the vessel to the home port by the Return Date but such notification shall not affect the Charterer's liability for failing to return the vessel. Euphoria Sailing Ltd may waive all or part of any extra charter fees if Euphoria Sailing Ltd accepts there is a good reason why the vessel has not been returned on the Return Date.
3. PAYMENTS
(3.1) Full prepayment of the charter fee is required if less than 14 days remain to the commencement of the charter, when returning the completed and signed booking form and charter agreement.
(3.2) If the charter is secured by deposit the full balance is required 14 days prior to the charter commencement. If the Charterer fails to pay the full balance, Euphoria Sailing Ltd may treat the booking as cancelled and endeavour to charter the vessel to another person. The Charterer shall without prejudice to any other right or remedy of Euphoria Sailing Ltd under these circumstances forfeit the whole of their deposit.
(3.3) If the Charterer wishes to cancel their charter this must be done in writing and will be effective from the date which it is received in Euphoria Sailing Ltd. The Charterer is liable for the full fee unless cancelled in writing more than six weeks before the charter, in which case only the deposit payment is forfeit. If full fee is forfeit any Security Deposit paid will be refunded.
(3.4) Euphoria Sailing Ltd reserves the right to cancel the booking at anytime and will refund to the Charterer all sums already paid.
4. SECURITY DEPOSIT
(4.1) The Charterer shall pay the Security Deposit as stated on the booking form and charter agreement to Euphoria Sailing Ltd by cash, or cheque not less than 14 days prior to the Commencement Date of the charter, as security against the vessel being returned in a condition other than its condition on the Commencement Date and against any losses or damage that may have occurred during the charter period which is the responsibility of the Charterer and against any loss or damage suffered by Euphoria Sailing Ltd due to any breach of this agreement by the Charterer but without prejudice to any claim over and above the Security Deposit which Euphoria Sailing Ltd may have.
(4.2) The Security Deposit or any balance remaining shall be returned to the charterer within 14 days after the redelivery of the yacht to Euphoria Sailing Ltd. 5. ACCEPTANCE AND RETURN OF VESSEL
(5.1) The Charterer shall be given the opportunity for a period of no more that two hours after the time on the Commencement Date shown on the booking form to inspect the vessel, its equipment and check sign the inventory. After such a period it shall be deemed that the Charterer has accepted the vessel and is satisfied with its condition and inventory.
(5.2) Euphoria Sailing Ltd may accompany the Charterer on the vessel for a trial of such duration as it deems necessary prior to allowing the Charterer to take possession on the Commencement Date. Euphoria Sailing Ltd reserves the right in its sole discretion not to hand over the vessel if after such a trial it is of the opinion of Euphoria Sailing Ltd that the Charterer is not, or may not be competent to be charge of the vessel.
(5.3) Upon return of the vessel the Charterer shall hand the vessel over to an authorised member of Euphoria Sailing Ltd staff, leave it clean and substantially in the same condition it was on the Commencement Date. Euphoria Sailing Ltd reserves the right to charge up to £75 out of the Security Deposit for cleaning the vessel if it is not returned in a satisfactory condition. The authorised staff member will sign for the vessel's inventory but cannot accept that the vessel is free from defects that may not be immediately apparent.
(5.4) Any damage or defects must be reported to Euphoria Sailing Ltd authorised staff and entered in the vessel's log book.
(5.5) In the event of any disagreement over damage or losses, the matter will be referred to a senior member of the Euphoria Sailing Ltd staff. If agreement cannot then be reached an independent arbitrator will then be appointed, with the costs of such arbitration to be shared equally between Euphoria Sailing Ltd and the Charterer.
6. CHARTERER'S OBLIGATIONS The Charterer hereby agrees:-
(6.1) That the details supplied by him on the booking form and charter agreement are accurate, complete and not misleading.
(6.2) Not to take the vessel outside the cruising area specified in the booking form and charter agreement.
(6.3) Not to use the vessel for racing under any circumstances or sailing at night without the prior written consent of Euphoria Sailing Ltd .
(6.4) Not to carry animals, plants or other restricted items.
(6.5) Not to carry any crew other that those specified in the booking form and charter agreement.
(6.6) To secure all equipment on board at all times, including the vessel's inflatable dinghy.
(6.7) Not to leave the vessel unattended at any time whilst at anchor.
(6.8) To ensure that the vessel is securely locked and immobilised whilst in port and that all loose deck equipment is stowed below.
(6.9) In the event of the vessel being involved in collision with a third party that results in damage occurring, not to admit any liability to any person and to record the incident promptly and fully, including the name of the other vessel, skipper, yacht type, position, date, time, estimated speeds, wind strength and direction, tide direction and speed, depth of water and details of witnesses.
(6.10) To report as soon as practicably possible to Euphoria Sailing Ltd any mechanical failure, not to commence repair work without the consent of Euphoria Sailing Ltd and to use every endeavour to minimise any damage without endangering the lives of the crew on the vessel.
(6.11) To pay all running expenses including harbour and port dues, pilotage fees, fuel and gas.
(6.12) Not to do or omit to do any action or thing whereby the vessel may become liable to arrest or detainment.
(6.13) Without prejudice to 6.16) below not to take the vessel out in dangerously bad weather even if this may lead to the vessel not being returned on the Return Date. Euphoria Sailing Ltd reserves the right to instruct the Charterer not to take the vessel out if Euphoria Sailing Ltd considers the weather conditions to be dangerous.
(6.14) To pay Euphoria Sailing Ltd any insurance excess out of the Security Deposit and not to do or omit to do any act or thing which may render void or voidable the insurance policy referred to in 7c below.
(6.15) Not to bring on board any restricted or illegal goods whatsoever, such as drugs, firearms or explosives.
(6.16) To sail the vessel using skill, judgement, common sense and requirements of good seamanship, bearing in mind the necessity to return the vessel on the Return Date.
(6.17) To maintain an accurate ships log as required by law.
(6.18) To comply at all times with all applicable laws, bye laws and regulations (International Collision Regulations) relating in any way to the Charterer, the vessel and its equipment and with all orders and directions given or made by any person with any authority in that behalf. Charterer to supply on request valid coastal skipper certificate.
7. Euphoria Sailing Ltd - RESPONSIBILITIES Euphoria Sailing Ltd hereby agrees as follows:-
(7.1) To deliver the vessel to the Charterer at the Home Port shown on the booking form and charter agreement in a good and seaworthy condition complete with all items listed in the vessel's inventory. For the avoidance of doubt Euphoria Sailing Ltd does not warrant that the vessel is fit to sail in dangerously bad weather conditions and Euphoria Sailing Ltd relies on the skill, judgement and common sense of the Charterer in deciding where to sail within the cruising area and in what weather conditions bearing in mind the ability of the crew and the Return Date.
(7.2) To refund to the Charterer any reasonable expenses properly incurred during the charter period by the Charterer replacing any item of equipment attached to the vessel or its inventory which breaks (other than through the Charterer's crew's fault) or becomes faulty through fair wear and tear.
(7.3) To insure and keep insured the vessel against fire and all usual marine risks, collision risks and including third party risks to such an extent as Euphoria Sailing Ltd in its absolute discretion shall deem appropriate. A copy of such an insurance policy is available for inspection at the Home Port. In the event of any claim the excess on such insurance policy shall be payable by the Charterer but subject to 6.14 above shall not exceed the Security Deposit. Such insurance policy does not cover injury to or loss of life or damage to or loss of property of any person on board, against which the Charterer must insure prior to the Commencement Date. Advice about such insurance is available from Euphoria Sailing Ltd on request. Any other uninsured damage or losses on board the vessel shall be paid by the Charterer, if necessary out of the Security Deposit. The return of the Security Deposit or the balance thereof after the end of the charter period shall not be taken to imply that the Charterer has no further liability to pay any sums to Euphoria Sailing Ltd in the absence of a written statement to that effect from a Director of Euphoria Sailing Ltd.
8. LIABILITIES Subject to the terms of the Unfair Contract Terms Act 1977 and save to the extent that such liability may not be lawfully excluded or qualified by reference to a contract term or otherwise in no circumstances whatsoever does Euphoria Sailing Ltd accept liability for any damage, loss, cost, claims or expenses howsoever caused other than death or personal injury caused by negligence of Euphoria Sailing Ltd or its employees.
9. TERMINATION AND REPOSSESSION In the event of it coming to the attention of Euphoria Sailing Ltd that the Charterer is in, or may commit a breach of any of these conditions, Euphoria Sailing Ltd may forthwith terminate this agreement and take whatever steps necessary to take possession of the vessel wherever it may be. Such termination and the taking possession shall be without prejudice to any rights and remedies which may have accrued to Euphoria Sailing Ltd prior to the date of or by reason of such breach.
10. FORCE MAJEURE Neither party shall be liable if prevented from fulfilling any of his obligations by an incidence of force majeure, including an Act of God, strikes, lock-out, act of Government or authority or any other occurrence whether similar or dissimilar wholly beyond his control.
11. GENERAL
(11.1) The Charterer shall not be entitled in any circumstance whatsoever to assign the benefits of this Agreement to any third party and shall remain liable notwithstanding any purported assignment made by him.
(11.2) No action taken by Euphoria Sailing Ltd or any failure to act, or time allowed to the Charterer or any failure by Euphoria Sailing Ltd to insist upon and enforce its strict legal rights shall constitute a waiver of any of the provisions of this agreement which shall remain in full force and effect.
12. LAW This agreement shall be construed in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English and Welsh Courts.
(6.1) That the details supplied by him on the booking form and charter agreement are accurate, complete and not misleading.
(6.2) Not to take the vessel outside the cruising area specified in the booking form and charter agreement.
(6.3) Not to use the vessel for racing under any circumstances or sailing at night without the prior written consent of Euphoria Sailing Ltd .
(6.4) Not to carry animals, plants or other restricted items.
(6.5) Not to carry any crew other that those specified in the booking form and charter agreement.
(6.6) To secure all equipment on board at all times, including the vessel's inflatable dinghy.
(6.7) Not to leave the vessel unattended at any time whilst at anchor.
(6.8) To ensure that the vessel is securely locked and immobilised whilst in port and that all loose deck equipment is stowed below.
(6.9) In the event of the vessel being involved in collision with a third party that results in damage occurring, not to admit any liability to any person and to record the incident promptly and fully, including the name of the other vessel, skipper, yacht type, position, date, time, estimated speeds, wind strength and direction, tide direction and speed, depth of water and details of witnesses.
(6.10) To report as soon as practicably possible to Euphoria Sailing Ltd any mechanical failure, not to commence repair work without the consent of Euphoria Sailing Ltd and to use every endeavour to minimise any damage without endangering the lives of the crew on the vessel.
(6.11) To pay all running expenses including harbour and port dues, pilotage fees, fuel and gas.
(6.12) Not to do or omit to do any action or thing whereby the vessel may become liable to arrest or detainment.
(6.13) Without prejudice to 6.16) below not to take the vessel out in dangerously bad weather even if this may lead to the vessel not being returned on the Return Date. Euphoria Sailing Ltd reserves the right to instruct the Charterer not to take the vessel out if Euphoria Sailing Ltd considers the weather conditions to be dangerous.
(6.14) To pay Euphoria Sailing Ltd any insurance excess out of the Security Deposit and not to do or omit to do any act or thing which may render void or voidable the insurance policy referred to in 7c below.
(6.15) Not to bring on board any restricted or illegal goods whatsoever, such as drugs, firearms or explosives.
(6.16) To sail the vessel using skill, judgement, common sense and requirements of good seamanship, bearing in mind the necessity to return the vessel on the Return Date.
(6.17) To maintain an accurate ships log as required by law.
(6.18) To comply at all times with all applicable laws, bye laws and regulations (International Collision Regulations) relating in any way to the Charterer, the vessel and its equipment and with all orders and directions given or made by any person with any authority in that behalf. Charterer to supply on request valid coastal skipper certificate.
7. Euphoria Sailing Ltd - RESPONSIBILITIES Euphoria Sailing Ltd hereby agrees as follows:-
(7.1) To deliver the vessel to the Charterer at the Home Port shown on the booking form and charter agreement in a good and seaworthy condition complete with all items listed in the vessel's inventory. For the avoidance of doubt Euphoria Sailing Ltd does not warrant that the vessel is fit to sail in dangerously bad weather conditions and Euphoria Sailing Ltd relies on the skill, judgement and common sense of the Charterer in deciding where to sail within the cruising area and in what weather conditions bearing in mind the ability of the crew and the Return Date.
(7.2) To refund to the Charterer any reasonable expenses properly incurred during the charter period by the Charterer replacing any item of equipment attached to the vessel or its inventory which breaks (other than through the Charterer's crew's fault) or becomes faulty through fair wear and tear.
(7.3) To insure and keep insured the vessel against fire and all usual marine risks, collision risks and including third party risks to such an extent as Euphoria Sailing Ltd in its absolute discretion shall deem appropriate. A copy of such an insurance policy is available for inspection at the Home Port. In the event of any claim the excess on such insurance policy shall be payable by the Charterer but subject to 6.14 above shall not exceed the Security Deposit. Such insurance policy does not cover injury to or loss of life or damage to or loss of property of any person on board, against which the Charterer must insure prior to the Commencement Date. Advice about such insurance is available from Euphoria Sailing Ltd on request. Any other uninsured damage or losses on board the vessel shall be paid by the Charterer, if necessary out of the Security Deposit. The return of the Security Deposit or the balance thereof after the end of the charter period shall not be taken to imply that the Charterer has no further liability to pay any sums to Euphoria Sailing Ltd in the absence of a written statement to that effect from a Director of Euphoria Sailing Ltd.
8. LIABILITIES Subject to the terms of the Unfair Contract Terms Act 1977 and save to the extent that such liability may not be lawfully excluded or qualified by reference to a contract term or otherwise in no circumstances whatsoever does Euphoria Sailing Ltd accept liability for any damage, loss, cost, claims or expenses howsoever caused other than death or personal injury caused by negligence of Euphoria Sailing Ltd or its employees.
9. TERMINATION AND REPOSSESSION In the event of it coming to the attention of Euphoria Sailing Ltd that the Charterer is in, or may commit a breach of any of these conditions, Euphoria Sailing Ltd may forthwith terminate this agreement and take whatever steps necessary to take possession of the vessel wherever it may be. Such termination and the taking possession shall be without prejudice to any rights and remedies which may have accrued to Euphoria Sailing Ltd prior to the date of or by reason of such breach.
10. FORCE MAJEURE Neither party shall be liable if prevented from fulfilling any of his obligations by an incidence of force majeure, including an Act of God, strikes, lock-out, act of Government or authority or any other occurrence whether similar or dissimilar wholly beyond his control.
11. GENERAL
(11.1) The Charterer shall not be entitled in any circumstance whatsoever to assign the benefits of this Agreement to any third party and shall remain liable notwithstanding any purported assignment made by him.
(11.2) No action taken by Euphoria Sailing Ltd or any failure to act, or time allowed to the Charterer or any failure by Euphoria Sailing Ltd to insist upon and enforce its strict legal rights shall constitute a waiver of any of the provisions of this agreement which shall remain in full force and effect.
12. LAW This agreement shall be construed in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English and Welsh Courts.