Terms and Conditions

TOPSAIL EVENTS & CHARTERS BOOKING TERMS AND CONDITIONS (REFERENCE: TOPTC09)

DEFINITIONS:- "Company" shall be 'Topsail Events & Charters Limited'. "Customer" shall be the organisation named on the Agreement overleaf. "Vessel(s)" shall mean those named on the Agreement overleaf. "Booking Period" shall be the times and dates stated on the Agreement overleaf.

BOOKING CONDITIONS: On the signing of the Agreement overleaf, the Customer and the Company are bound by the following conditions:

A. THE CHARTER PRICE

1. The charter price is the amount specified in the Agreement overleaf for the charter of the vessel(s), inclusive of all services specified.
2. The charter price will be invoiced to the Customer in two stages as follows:- Stage 1. 50% of the Invoice Total as a deposit Stage 2. 50% of the Invoice Total
3. Terms are payment of each invoice as follows:- Stage 1. by return post Stage 2 1 month before commencement of charter Full Payment must be received before the event takes place
4. Any additional services will be agreed by both parties in writing and will be invoiced on completion of the charter. This invoice is to be paid by return of post.

1. B. INSURANCE & LIABILITIES
2. The Vessel(s) is/are insured for Public Liability, against loss or damage to the Skippers, Crew or Third Parties.
3. In the event of an accident or injury to any of his party whilst on board a vessel, the Customer shall immediately inform the Skipper of the relevant vessel and shall report the details to the Company in writing.
4. The Company shall not be held liable for any injury to the Customer or any member of his party. Nor will the company be held liable for any loss of or damage to any property of the Customer or any member of his party howsoever occasioned.
5. The Customer shall make good all loss of or damage to any of the linen, plates, glass, crockery, cutlery, carpets, upholstery, furniture and all other stores, gear, equipment and furnishings of every kind belonging to the Vessel(s) and shall fully indemnify the Company against the consequences of any act or omission of the Customer or any member of his party.

C. THE VESSEL

1. The owner(s) of the vessel(s) undertake to maintain the vessel(s) and their gear in good order and to the standards set by the Maritime and Coastguard Agency in UK waters or the relevant national marine safety authorities in other than UK waters.
2. The Company shall present the vessel(s) to the Customer at the beginning of the booking period. The vessel(s) shall at that time be in a seaworthy condition, afloat, in commission and complete with all necessary safety gear and equipment. The Company does not, however, warrant the vessels' fitness in all conditions of weather for any particular cruise of passage within the cruising limits of this charter.
3. The owner of each vessel shall provide, pay, and insure an efficient Skipper and crew for the working and navigation of the vessel.
4. The owners(s) Skipper(s) shall be responsible for the navigation and handling of the vessel(s). They will each represent the interests of their owner aboard their vessel and notwithstanding any prior arrangements their authority shall be final in all matters concerning the safety and navigation of their vessel, her passengers and crew.
5. The number of passengers shall in no circumstances exceed the number currently set by the Maritime and Coastguard Agency in UK waters or the relevant national marine safety authorities in other than UK waters. The Customer will advise the Company of the number of each party on each vessel and will leave ashore a passenger list with names of all those expected to be aboard each vessel immediately before sailing.

D. VESSEL DELIVERY AND OPERATION

1. The Company shall use its best endeavours to deliver the vessel(s) to the Customer at the time and place specified and confirmed in writing, but if the Company should fail to do so (or at their option supply an equivalent vessel or vessels) for reasons of Force Majeure, then unless otherwise agreed in writing by the Customer and the Company, this booking shall become null and void and the Company shall not be under any liability for damages or compensation or otherwise in respect of such non-delivery; provided always that the Customer if he so elects shall be at liberty to accept a later delivery of the vessel or vessels (not affecting the termination of the Booking Period) at a proportionate reduction in the Charter Price.
2. In the event of non-delivery of the vessel or vessels as stated in the clause above, the Charter Price already paid shall be reimbursed by the Company in respect of any and every Booking Period for which the vessel or vessels continue to be unavailable without any further liability to the Company. The Company will endeavour to inform the Customer of such a situation at the earliest opportunity and keep him appraised of developments.
3. The berthing place(s) of the vessel(s) will be notified to the customer before the commencement of the booking period.

E. THE CUSTOMER

1. The Customer shall be held liable for the actions of all members of his party in connection with this booking.
2. The Customer acknowledges that in making this booking, he is aware that the vessel(s) may be classic or historic vessels that do not necessarily incorporate the latest marine technology and that those on board are required to exercise a correspondingly higher degree of responsibility for their own safety, for example with regard to slight restrictions of headroom and steepness of stairways etc.
3. If the Customer provides their own catering or caterers a refundable deposit of £250 will be paid by the customer on making the booking. This will be payable in addition to and at the same time as the stage 1 invoice. This is to ensure the galley and its equipment together with other areas used by the caterers are left in the condition in which they were found. This condition will be verified and signed off by the master of the vessel. Any matters or disputes arising from the Customer's usage of such facilities will be reported to the Customer in writing by the Company. If the Company determines that those facilities are not in a suitable condition after the caterers have used them then this may lead to a loss of some or all of the Customer's deposit.

F. PAYMENT DEFAULT & CANCELLED BOOKINGS

1. If the charter price is not paid by the due date or if the Customer fails to comply with any other of these Terms and Conditions the Company shall be entitled to treat this booking as being terminated but without prejudice to the rights of the Company to recover any unpaid part of the charter price and damages in respect of any breach of these Terms and Conditions by the Customer.
2. Any alterations to the original booking (e.g. group size, catering requirements, timings, etc.) shall be notified by the Customer to the Company in writing not less than 14 days before the commencement of the Booking Period. Cancellation of the charter will be acknowledged by the Company from the date of receipt of written cancellation from the Customer. In such event the Company reserves the right to make the following cancellation charges if cancellation is made More than 90 days prior to the Booking Period - 50% of the Invoice Total 90 - 14 days prior to the Booking Period - 75% of the Invoice Total 14 days or less prior to the Booking Period - 100% of the Invoice Total
3. Where cancellation is made, and cancellation charges are applied, the Company will endeavour to provide an alternative charter date at a reduced rate depending on availability of vessels and its own losses as a result of cancellation.
4. If the customer wishes to change the date of the event at any stage prior to the event taking place, the Company reserves the right to treat this change as a cancellation and apply cancellation charges as per clause F2. Where no costs have been incurred by the Company, the Company reserves the right to charge a £200 administration fee to effect the date change.
5. Credit and Debit card payments (Visa, Mastercard, Delta, Switch and Solo accepted) will incur a 2.5% surcharge.