1.

This agreement is between R.W. Wakeley Ltd, registered number 10987085 ("R.W. Wakeley"), and the charterer as named in the Confirmation Agreement ("the Charterer"). All travel and yacht charter arrangements are made by R.W. Wakeley acting as agents on behalf of the yacht owner and/or yacht operators and/or travel providers, as named in the Confirmation Agreement.​​

2. Interpretation

Definitions:

1. Charter means the period specified within the Confirmation Agreement during which the Charterer has sole use of the Yacht.

2. Charter Agreement means this agreement together with the Confirmation Agreement.

3. Confirmation Agreement means the contract issued by R.W. Wakeley containing the specifics of the Charter, including but not limited to yacht type, dates, charter fee, security deposit, payment schedule and ports associated with the charter.

4. Instalment means the first, second or third Instalment of payment as set out in the Confirmation Agreement.

5. Owner means the yacht owing company or yacht charter company operating the yacht on behalf of the Owner, stated as "Yacht Owner" in the Confirmation Agreement.

6. Website means the website of R.W. Wakeley at www.rwwakeley.com.

7. Yacht means a vessel or the boat type specified in the Confirmation Agreement.

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3. Agreement

This agreement shall commence on the date stated in the Confirmation Agreement and shall continue, unless terminated in accordance with this agreement, until such time as the Yacht has been redelivered at the port of disembarkation or has been cancelled.

1. It is the Charterer's responsibility to ensure the details contained in the Confirmation Agreement are true and correct.

2. If there are any errors in the Confirmation Agreement the Charterer must contact R.W. Wakeley and advise within twenty four (24) hours so this can be rectified.

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4. Booking Procedure & Requirements

The Charterer shall advise R.W. Wakeley in writing that that they are willing to book the yacht.

1. Once the proposed charter details have been agreed between the parties R.W. Wakeley will provide the Charterer with a copy of the Confirmation Agreement together with an offer to reserve the yacht for forty eight (48) hours.

2. The Charterer must pay the First Instalment within forty eight (48) hours of the Confirmation Agreement being issued by R.W. Wakeley. If payment is not received within 48 hours the Yacht will be placed back on the market and the reservation will lapse.

3. A booking will only be confirmed when R.W. Wakeley has received the First Instalment in cleared funds.

4. Payment of the First Instalment shall be conclusive evidence of the Charterer accepting the Charter Agreement.

5. The Charterer must be at least 18 years old.

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5. Payment

The payment of Instalments is as set out in the Confirmation Agreement.

1. The balance of the total cost of the Charter must be paid six (6) weeks prior to the commencement of the Charter.

2. If the booking occurs less than six (6) weeks from the commencement of the Charter date R.W. Wakeley will require the Charterer to pay the cost of the Charter in full.

3. If the balance is not paid six (6) weeks prior to the commencement of the Charter, R.W. Wakeley reserves the right to cancel the booking and the Charterer will forfeit all Instalments previously paid

4. R.W. Wakeley shall be entitled to increase the price of the Charter as a result of fluctuations in exchange rates. No changes in the cost of the Charter will be made within thirty (30) days of the commencement of the Charter, except for increased costs resulting from Government action.

5. Payment is accepted by credit card, debit card or bank transfer.

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6. Security Deposit

1. Before commencing the Charter the Charterer will be required to leave a Security Deposit with the Owner; this must be paid at the embarkation port.  The amount of the Security Deposit will be detailed in the Confirmation Agreement along with the bank account details to which the Security Deposit is to be transferred.

2. The Security Deposit will cover, but is not limited to, the following: the cost of additional cleaning, unpaid fuel, late return fees and loss or damage caused to the Yacht and/or its equipment.

3. At the completion of the charter the Security Deposit will be refunded less any sums deducted.

4. The Security Deposit is strictly between the Charterer and Owner. R.W. Wakeley does not accept any liability for the failure of the Owner to return the Security Deposit to the Charterer or be in any way responsible for the loss of such monies.

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7. Insurance

1. Each Yacht is fully insured under a marine insurance policy, covering loss, damage and third party liability.

2. The Charterer shall take all reasonable care of the Yacht and shall indemnify the Owner in respect of any loss of or damage to the Yacht or her equipment or any other equipment or liability arising out of any act or omission of the Charterer, his servants or agents or any member of his party or any other person invited onto the Yacht, which is not for any reason covered by the Owner's Insurance.

3. In the event the level of indemnity required at clause 7.2 exceeds the Security Deposit, the Charterer will be required to supplement the Security Deposit to the full extent of the indemnity required.

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8. Travel Insurance

1. It is the Charterer' responsibility to take out adequate travel insurance to cover themselves while on holiday, and in the event of cancellation. R.W. Wakeley does not organize or sell travel insurance policies.

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9. Cancellation

1. Cancellations by the Charterer and must be notified in writing, by post or email. Cancellations received more than six (6) weeks before the commencement of the Charter will be subject to R.W. Wakeley retaining all of the prior Instalments received. Cancellations received within six (6) weeks of the commencement of the Charter will be subject to the Charterer losing the full cost of the Charter.

2. A Cancellation will be effective from the date of receipt of the Charterer's written notification of cancellation by R.W. Wakeley. R.W. Wakeley will send an acknowledgement email or letter to the Charterer to confirm receipt of cancellation.

3. R.W. Wakeley is entitled to end this Charter Agreement at any time by writing if the Charterer breaks its terms, including: 

   1. the Charterer does not make any payment due to R.W. Wakeley when it is due and the Charterer still does not make payment within five (5) days of R.W. Wakeley requesting a due payment; 

   2. the Charterer fails to, within a reasonable time of any request by R.W. Wakeley for it, provide R.W. Wakeley with information that is necessary for R.W. Wakeley to arrange the Charter;

   3. the Charterer fails to pay the Security Deposit; or

4. For group bookings the Charterer is responsible for ensuring the correct and full amount of payment is received by R.W. Wakeley. If a member of the Charterer's group cancels, this person will not be refunded their share of the Charter.

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10. Insolvency

1. R.W. Wakeley is entitled to cancel this Charter Agreement at any time in writing if:

   1. the Charterer suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the IA 1986 as if the words “it is proved to the satisfaction of the court” did not appear in sections 123(1)(e) or 123(2) of the IA 1986. 

   2. being an individual, the Charterer is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the IA 1986.

   3. being a partnership has any partner to whom any of the foregoing apply.

   4. the Charterer commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with any of its creditors.

   5. a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the Charterer (being a company, limited liability partnership or partnership).

   6. an application is made to court, or an order is made, for the appointment of an administrator, or if a notice of intention to appoint an administrator is given or if an administrator is appointed, over the Charterer (being a company).

   7. the holder of a qualifying floating charge over the assets of the Charterer (being a company) has become entitled to appoint or has appointed an administrative receiver.

   8. a person becomes entitled to appoint a receiver over all or any of the assets of the Charterer or a receiver is appointed over all or any of the assets of the Charterer. 

   9. the Charterer (being an individual) is the subject of a bankruptcy petition, application or order.

   10. a creditor or encumbrancer of the Charterer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of the Charterer’s assets and such attachment or process is not discharged within 14 days.

   11. any event occurs, or proceeding is taken, with respect to the Charterer in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in Clause 10.1 a) to Clause 10.1 k) (inclusive).

   12. the Charterer suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business.

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11. Charter Period

1. In the event of the Yacht being unavailable on the commencement of the Charter, R.W. Wakeley will endeavour to replace the Yacht 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. Any discrepancy in the charter fees to be met by the Charterer.

2. If a replacement yacht is not available R.W. Wakeley will refund the Instalments already paid and the Security Deposit. R.W. Wakeley accepts no liability for any expenses incurred by or inconvenience caused to the Charterer as a result of such cancellation.

3. The Charterer shall return the Yacht to the Disembarkation Port on the return date at the stated time in the Confirmation Agreement free of indebtedness and clear of all personal gear. Time shall be of the essence as far as the return date is concerned. For each day or any part of a day that the Yacht remains in the possession of the Charterer the Charterer shall pay twice the daily charter fee. The Charterer shall inform R.W. Wakeley if during the Charter Period it shall become apparent (or possible) that the Charterer will not be able to return the Yacht on the Return Date but such notification will not affect the Charterer’s liability for failing to return the Yacht on the Return Date.

4. In the event that the Charterer redelivers the Yacht before the expiry of the Charter Period, the Charterer shall not be entitled to a refund of the Instalments.

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12. Changes

1. Once a booking is confirmed, R.W. Wakeley will attempt to accommodate any reasonable alterations requested by the Charterer. However any change will always be subject to availability and cooperation by the Owner and reimbursement of any additional cost incurred as result of the requested change. 

2. Major alterations such as change of date, or yacht type will be treated as Cancellation and re-booking and may result in an increase or decrease of the Charter price.

3. Any administration charge charged by the Owner will be passed on to the charterer, in addition to which R.W. Wakeley reserves the right to charge an administration charge of GBP £50.00 or foreign equivalent to administer any changes.

4. In the event the Owner requires changes to the Charterer’s booking due to operational reasons, the Charterer will be notified as soon as is reasonably possible with the details of the changes.

5. If the changes are not acceptable to the Charterer, the Charterer will be able to request to cancel the Charter Agreement and R.W. Wakeley will refund to the Charterer all monies paid by the Charterer to date.

6. The Charterer must accept any proposed changes, or request a Cancellation within two (2) days of being informed of the changes, otherwise R.W. Wakeley will be entitled to conclude that the Charterer is happy with the changes, and an amended booking will apply.

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13. Bare Boat Experience

When offered bareboat, the yachts are offered on the condition that the person identified by the Charterer as the skipper has sufficient sailing experience, and a licence to handle a yacht of the size and type chartered, and is assisted by at least one other able and experienced adult crew member.

1. 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 Charterer’s responsibility to ensure that the skipper has the requisite Certificate of Competency required by the authorities in any country visited during the Charter.

2. If in the judgment of the Owner the Charterer or the nominated Skipper is not competent to operate the Yacht, R.W. Wakeley reserve the right to require the Charterer to take a skipper selected by R.W. Wakeley or the Owner at the Charterer’s own expense.

3. Unless otherwise agreed in writing with R.W. Wakeley, the Charterer is not permitted to use the Yacht to take part in any races, events, or competitions.

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14. Yacht Details

1. The specifications, measurements, inventories, Charter Company information, and other data relating to yachts are set out on the Website. However, R.W. Wakeley cannot guarantee that the Yacht will meet the exact details described on the Website as this information is provided by the owner.

2. Photographs of yachts on the Website are intended only to give a general idea of the type of yachts available for charter. There may be differences between the yacht shown on the Website and the Yacht. Any yachts chartered will be of an equivalent standard to any shown on the Website, and as detailed in the Confirmation Agreement.

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15. Chartering Conditions

1. The Charterer should note that the Owner may have further terms and conditions that will apply to the Charter. By paying the First Instalment the Charterer is deemed to have read and understood this clause 15 and accepts that the further terms and conditions of the Owner may apply to the Charter.

2. Prior to commencement of the Charter, the Owner may require the Charterer to sign a copy of the Owner’s agreement for bareboat charter, which may incorporate legal requirements for yacht charter in the country(ies) in which the Charter is taking place.

3. The Charterer shall have no further right, other than the cancellation rights set out in clause 9, to cancel this Charter Agreement as a result of being presented with a copy of the Owner’s terms and conditions.

4. The Owner will advise the Charter of any fees payable for returning the Yacht late at the end of the Charter, such fees may be deductible from the Security Deposit.

5. The Charterer must inform the Owner by telephone as soon as possible if the Yacht suffers any accident, incident, failure of machinery or electronics, engine or gear failure or damage to the hull.  

6. In the event of an emergency the Yacht may be used to assist in the rescue of persons in peril on the high seas.

7. To pay all running expenses and all harbour dues, berthing fees, pilotage fees and the costs of all provisions and fuel.

8. For bareboat Charters, to sail the Yacht at all times using skill, judgement and common sense bearing in mind at all times the necessity to return the Yacht on the Return Date.

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

10. 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.

11. The Charterer will return the Yacht to a safe port of refuge, and vacate the Yacht at the time stipulated on the Charter Agreement. The Owner will advise any fees due for returning the Yacht late, these fees to be deductible from the Security Deposit.

12. The Charterer must not:

    1. take the Yacht outside the Cruising Area or, where agreed by R.W. Wakeley in writing, the Racing Area specified in the Confirmation Agreement.

    2. leave the Yacht unattended at any time when the Yacht is at anchor.

    3. admit liability to any person in the event of any damage occurring to the Yacht or to any third vessel or party as a result of any collision with the Yacht.

    4. accept a tow from another vessel without agreeing a tow fee.

    5. commence repair work without the consent of R. W. Wakeley in the event of there being any failure of any mechanical gear on the Yacht. Failure of any mechanical gear on the Yacht must be reported to R.W. Wakeley as soon as practicable. Any repairs authorised by R.W. Wakeley must be carried out to minimise any damage which might have occurred without endangering the Yacht or any of the Charterers group or crew.

    6. do or omit to do any action or thing whereby the Yacht may become liable to arrest or detainment anywhere.

    7. use the Yacht for any purpose other than private pleasure cruising unless other uses such as racing are specifically agreed in writing by R.W. Wakeley. Where R.W. Wakeley gives such agreement in writing, the Charterer is to secure all gear on board whilst racing.

    8. sub-let or surrender possession of the Yacht without the prior written consent of R.W. Wakeley.

    9. allow on board the Yacht any restricted or illegal goods such as drugs, firearms and explosives.

    10. allow animals or pets aboard the Yacht.

    11. permit smoking below deck or while handling sails by any person.

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16. Weather

1. For bareboat Charters, the Charterer must not sail the Yacht in dangerously bad weather even if this may lead to failure to return the Yacht on the Return Date.

2. For skippered Charters, 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 must abide by his decision, even if this may lead to postponement or, in extreme cases, the cancellation of the Charter.

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17. Our Responsibility

1. We undertake to exercise due diligence to ensure that any Yacht booked by the Charterer is provided in accordance with this Charter Agreement. We accept responsibility for any loss or damages caused to the Charterer as a result of the negligence or default of ourselves or any persons directly employed by R.W. Wakeley. However, the provision of this Charter involves independent parties who are neither employed by R.W. Wakeley or under R.W. Wakeley’s direct control such as, Owner, travel operators and handling agents. R.W. Wakeley does not accept responsibility for the acts or omissions of these parties.

2. In any event R.W. Wakeleys total liability under Charter Agreement shall be limited to a sum that is equivalent of the total amount paid by the Charterer to R.W. Wakeley under the Charter Agreement. R.W. Wakeley will not accept any liability for any losses incurred by the Charterer 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.

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18. Complaints

1. R.W. Wakeley maintains the highest standards in choosing its suppliers. If the Charterer is unhappy with the performance of any element of the Charter booked through R.W. Wakeley, the Charterer should address any complaints to R.W. Wakeley as well as the Owner at the earliest possible opportunity.

2. For complaints arising during the Charter, the Charterer shall give notice in the first instance to the Owner, giving details of the time, date and nature of the complaint. If this complaint cannot be resolved the Charterer shall notify R.W. Wakeley within twenty four (24) hours of the event complained of. The Charterer understands that any dispute or claim resulting from this Charter is between the Charterer and the Owner and not with or against R.W. Wakeley.

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19. Force Majeure

1. R.W.Wakeley cannot accept responsibility for disruption or additional cost involved to the Charterer caused by Force Majeure. Force Majeure events include, but are not limited to: war or threat of war, civil strife, terrorist activity, industrial dispute, riots, crime, hurricane, flood, earthquake, volcanic eruption, unavoidable technical problems with transport, closure or congestion of airports, natural or nuclear disaster, fire, adverse weather conditions or similar events beyond R.W. Wakeley’s control.  

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20. Assignment

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 Charter Agreement without the written consent of the Owner.

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21. Entire Agreement

1. This Charter Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

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22. Counterparts

1. This Charter 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.

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23. Third Party Rights

1. No one other than a party to this Charter Agreement, shall have any right to enforce any of its terms.

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24. Governing Law

1. This Charter Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

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25. Jurisdiction

1. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Charter Agreement or its subject matter or formation (including non-contractual disputes or claims).

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