1. THE NATURE OF THESE ADDITIONAL TERMS AND CONDITIONS
1.1. If you are booking an experience aboard a yacht (a Yacht Booking), these Additional Booking Terms and Conditions shall apply in addition to the Terms of Service: Booking Conditions which form the basis of your booking with JusExperiences UK Limited.
1.2. These Additional Booking Terms and Conditions include:
1.2.1. the general waiver set out at schedule 1; and
1.2.2. the agreement for the provision of skipper services set out at schedule 2.
1.4. Any capitalised terms not defined in these Additional Terms and Conditions are defined in the Terms of Service: Booking Conditions.
1.5. We are JusExperiences UK Limited t/a “Trippr” (Trippr), a company registered in England and Wales with company registration number is 12260055 and registered office 3 Loughborough Street, London, SE11 5RB, United Kingdom.
1.6. We offer exclusive experiences abroad yachts which are available only on the Pollen promotion network platform (Pollen Website). We act as an agent between you and our suppliers who provide many of the products and services we sell under your Yacht Booking (the “Suppliers”). Our key supplier for your Yacht Booking is The BucketLust Ltd (TBL), a company registered in England and Wales with company registration number is 10560332 and registered office at 10 London Mews, London, W2 1HY, United Kingdom. TBL is an experienced yacht tour operator. Other suppliers include, but are not limited to, charter companies which supply yachts as part of your Yacht Booking (the “Yacht Suppliers”). In particular, each Supplier has their own terms and conditions (the “Supplier Terms” in respect of all Suppliers, and specifically the “Yacht Suppliers Terms” in respect of Yacht Suppliers).
1.7. References in these Additional Booking Terms and Conditions to “you” and “your” include the person who has contracted with us in respect of a Yacht Booking either in their own right, on behalf of others, and any other person who is added to a Yacht Booking or to whom a Yacht Booking is transferred (each “Guest” and together the “Guests”). References to “our”, “us” and “we” are to Trippr.
Package Travel and Linked Travel Arrangements Regulations 2018
1.8. Your Yacht Booking of multiple Travel Arrangements creates a “package” as defined in the Package Travel and Linked Travel Arrangements Regulations 2018 and therefore your Yacht Booking will be regulated by the Package Travel and Linked Travel Arrangements Regulations 2018.
2. OUR CONTRACT WITH YOU
How to make and pay for a Yacht Booking
2.1. To make a Yacht Booking you must pay us the amount set out on the Pollen Website for the specific product or service you want to book. You may pay the deposit only or you may pay for the total price of your Yacht Booking.
2.2. A Yacht Booking shall only be confirmed once all Guests have paid the deposit. One Guest may purchase the deposit (or total price) for all Guests.
2.3. The Guest who makes the first payment on your Yacht Booking shall be designated as the “Lead Booker”.
2.4. Payments for Yacht Bookings must be made on the Pollen Website by credit or debit card.
2.5. It is a condition of your Yacht Booking that each Guest agrees and guarantees that they:
2.5.2. in relation to the Lead Booker, have made each Guest aware of these Applicable Terms before adding them to the Yacht Booking;
2.5.3. in relation to the Lead Booker, have the authority to accept, and do accept, these Additional Terms on behalf of each Guest added to the Yacht Booking;
2.5.5. accept financial responsibility for payment of the Yacht Booking on behalf of each other Guest.
2.6. If Guests do not comply with clause 2.5, we reserve the right to cancel the Booking immediately without refund.
2.7. We will not be liable to you for any transport costs incurred in relation to your Yacht Booking. You are advised against making any transport related purchases until your Yacht Booking has been confirmed. Any transport related purchases do not make up your Yacht Booking and are subject to the transport-provider’s individual terms and conditions. We advise you to review the transport-provider’s terms and conditions carefully, particularly in relation to cancellation and postponement.
2.8. You must be at least 18 years old to be a Guest. We reserve the right to reject any Guest under 18 years old without refund. In such circumstances, we assume no responsibility for additional expenses incurred as a result of that person’s rejection.
2.9. In some instances, we or our Suppliers will only deal with the Lead Booker. In such instances, the Lead Booker is responsible for:
2.9.1. ensuring the accuracy of all information supplied to us in respect of the Guests;
2.9.2. for passing on all information provided by us to the Guests.
2.10. Your personal safety is of paramount importance to us and therefore it is imperative that you advise us at the time of the Yacht Booking of any condition, medical or otherwise, that might affect your enjoyment of the Yacht Booking. This should include, but not be limited to, any reduced mobility issues.
2.11. It is a condition of your Yacht Booking that you provide certain information that may be sent to governmental authorities, border control and security agencies for the purpose of security and counter terrorism. Such information is known as Passenger Name Records (PNR) or Advanced Passenger Information (APIS). The information you must provide will include your full name (as shown in your passport or travel document), gender, date of birth, travel document type, number, country of issue and expiry date.
2.12. By making the Yacht Booking you confirm that you are capable and competent to sail on the yacht under your Yacht Booking.
What is included and not included in your Yacht Booking
2.13. Your Yacht Booking includes:
2.13.1. the yacht provided by the Yacht Supplier (including cabins for sleeping, bathrooms, communal areas, a kitchen and a functioning sound system) (the “Yacht”);
2.13.2. the professional assigned by TBL to skipper the Yacht (the “Skipper”). Please note that the Skipper is mandatory, and you cannot remove them from your Yacht Booking under any circumstances;
2.13.3. navigation equipment for the Skipper to use in the sailing of the Yacht;
2.13.4. Yacht fuel for the duration of the Yacht Booking;
2.13.5. transfer coaches on the first and last day only (note: these transfer coaches are not from an airport in destination – marina; but instead, only from the marina to specific venues);
2.13.6. where required, water taxis from the Yacht to venues;
2.13.7. a dinghy boat with oars, an outboard motor and full tank of fuel;
2.13.8. Security Deposit (as defined below) insurance. Note this insurance is mandatory and cannot be excluded. With this insurance, the Security Deposit required to be paid at check-in is significantly reduced (but is still required to be paid).
2.13.9. final cleaning of the Yacht pre check-out;
2.13.10. bed linen (including blankets and pillows) and towels (excluding beach towels);
2.13.11. the events wristband entitling you access to events, activities and parties;
2.13.12. access to all events, activities and parties included in the Yacht Booking; and
2.13.13. a standard package of food (six breakfasts, six lunches and three dinners) and beverages (including drinking water for all Guests and a standard package of alcoholic beverages). The standard package of food and beverages includes consumption for both Guests and Skipper. Guests will have the opportunity to purchase more food and beverage for consumption during the Yacht Booking.
2.14. Your Yacht Booking does not include:
2.14.1. transport costs to and from your Yacht Booking;
2.14.2. daily cleaning of your Yacht during the Yacht Booking;
2.14.3. marina fees, anchor fees, mooring ball fees, marina water fees, marina electricity fees or Yacht fuel fees;
2.14.4. tip for the Skipper (recommended EUR200+); and
2.14.5. health insurance and travel insurance.
Yachts may vary from images and details on the Pollen Website
3.1. Images and details (such as specifications, measurements, inventories and other data) on the Pollen Website in respect of your Yacht are for illustrative purposes only and are intended to give you a reasonable idea of the layout and specifications. This information is provided by the Yacht Suppliers and we cannot guarantee that your Yacht will match the exact images and details advertised on the Pollen Website.
3.2. If you believe that an image or detail of your Yacht on the Pollen Website is misleading, please inform us as soon as possible so that steps can be taken to remedy this. You should also liaise directly with the Yacht Supplier regarding any such discrepancy.
4. MARINA CHECK-IN
4.1. Upon arrival at the marina check-in location (to be provided before you arrive, you will be required to produce proof of identification in the form of a valid passport or driving licence.
5. EXCURSIONS AND ACTIVITIES NOT INCLUDED IN THE BOOKING
5.1. Your specific Yacht Booking will clearly state what events, excursions and activities are included.
5.2. There may be additional events, excursions or activities that are optional “add-ons” that you may book and pay either during the additional check-out process or subsequently. For the avoidance of any doubt, any “add-on” event, excursion or other activity that you book, your contract will be with the third-party operator of that event, excursion or activity and not with us. We are not responsible for the provision of the excursion or activity or for anything that happens during the course of its provision by the applicable operator.
6. YACHT SECURITY DEPOSIT, SUPPLIER CHECK-IN AND SUPPLIER CHECK-OUT
6.1. As a condition to you chartering the yacht provided in your Yacht Booking, the Yacht Supplier will require a security deposit to cover the costs of additional cleaning, loss, and damage caused to the yacht (the “Security Deposit”). The Security Deposit is payable at check-in (you may decide how the Security Deposit is payable amongst Guests). The Security Deposit will be refunded (less any sums deducted by the Yacht Supplier) at the end of a Yacht Booking. Security Deposit payments and matters shall be strictly between you and the Yacht Supplier. We cannot accept any liability for the loss of the Security Deposit.
6.2. As a condition to being able to charter the yacht comprised in your Yacht Booking you will be required to accept the Yacht Supplier’s Terms at check-in.
6.3. We make no representation regarding any yacht’s seaworthiness or the state of any ancillary equipment. All such representations may only be made by the Yacht Supplier.
6.4. Check-out will take place no later than 09.00 on the final day of your Yacht Booking. The Guest (usually it is the Lead Booker and any individuals who paid the Security Deposit) must be present at the check-out with the Yacht Supplier. If absent, should the Yacht Supplier deduct any sums from the Security Deposit, the Skipper will not be in a position to argue any costs not attributable to them, and they will be forced to sign off on any damages, loss or costs presented by the Yacht Supplier to complete check-out. As a result, all Guests risk losing their Security Deposit and we cannot accept liability for the return or loss of such monies.
7. EVENT ITINERARY
7.1. The event itinerary comprised in the Yacht Booking may be affected by adverse weather conditions. For example, the circle raft, certain events and anchorages may not be viable or safe in adverse weather conditions. Whilst we try our utmost to ensure the event itinerary is followed as closely as possible, we cannot be held liable for deviations in the event itinerary due to circumstances outside of our control.
8. TRAVEL INSURANCE
8.1. We do not sell or organise travel insurance. You must buy suitable and comprehensive travel insurance before going on your Yacht Booking. Adequate travel insurance is a condition of your contract with us. You must be satisfied that your travel insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, personal liability, medical expenses and repatriation in the event of accident or illness, personal belongings and money, your stay aboard the Yacht and adventurous activities such as sailing. It is a condition of your Yacht Booking that you have such a policy in place for the duration of your Booking.
8.2. You are highly recommended to take a copy of your insurance policy with you on your Booking. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising in respect of which insurance cover would otherwise have been available.
8.3. We accept no liability if you make a Yacht Booking without travel insurance in breach of this clause 8.
9. YOUR BEHAVIOUR AND RESPONSIBILITIES
9.1. We expect all Guests to conduct themselves yourself in an orderly and acceptable manner and not to disrupt the enjoyment of others. You are also expected to comply with the laws and regulations of the country you are travelling to.
9.2. If, in the reasonable opinion of a provider of any part of the services to which your Yacht Booking relates, during your Yacht Booking your behaviour poses a danger to you or those around you, causes or is likely to cause damage to people or our property, the property of our Suppliers or the property of third parties, breaches any local law, is abusive or threatening in any way, causes or is likely to cause a public nuisance or you do not follow the instructions or orders of the skipper, or any other TBL representative, we reserve the right to immediately cancel your Yacht Booking without paying you any refund whatsoever. This means, among other things:
9.2.1. your Skipper could refuse to continue to work for you;
9.2.2. you may be required to leave your Yacht (from this point onwards you will be solely responsible for making your own travel arrangements, and we will not be held liable to you for any expenses incurred by you after our contract with you has ceased); and
9.2.3. we reserve the right to ban you from making future bookings with us.
9.3. External speaker systems are not permitted at our events or activities without our express written permission. Music must not be played in marinas or public places after the time specified by a TBL representative, the marina staff or as set out by the rules of the marina.
9.4. The nature of some of the activities you may choose to participate in during your Yacht Booking may involve a degree of personal risk. You accept these risks and accept that you are responsible for your own actions. In accepting these Applicable Terms, you accept full responsibility for any damage, loss or expense caused by you or any person named on your Yacht Booking.
9.5. We acknowledge that you may wish to consume alcohol during your Yacht Booking. You must do so responsibly, and we accept no liability to you for any injury, loss or damage you suffer as a result of your judgment being impaired wholly or partly by alcohol or drugs.
9.6. We operate a zero-tolerance drug policy. If you are found in possession of illegal substances, we reserve the right to cancel your Yacht Booking without refund. This means, among other things, that you could be made to leave the yacht you have booked at any time during your Yacht Booking and that you could be banned from all Trippr events in future. We reserve the right to inform the relevant law enforcement authorise at our absolute discretion.
9.7. You accept that the Skipper is in charge of your Yacht at all times during the Yacht Booking. The Skipper will make decisions on behalf of the Yacht and its Guests based on safety, the general consensus of the Guests and local knowledge and experience of conditions and circumstances. We will not be liable for any itinerary changes made by the Skipper in the interests of safety and guest experience.
9.8. You are solely responsible for your personal possessions and property. Where you lose any item of your personal possessions, whilst we do everything possible to locate lost property we cannot guarantee to do so, nor can we guarantee to be able to arrange for your property to be returned. We accept no liability and cannot be held responsible for the safety of your personal possessions and any lost property in any circumstance whatsoever as it is your personal responsibility to look after your belongings.
10. OTHER IMPORTANT TERMS
10.1. We do not permit the reselling of Yacht Bookings, and our products and services without our prior written consent.
10.2. These Additional Terms and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your booking will be dealt with by the Courts of England and Wales only. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.
Please ensure that you read this waiver of liability, assumption of risks, release and indemnity agreement (the “Waiver”) in full before making a Yacht Booking. The words including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1. THE NATURE OF THIS AGREEMENT
1.1. This Waiver is a binding legal document. The purpose of this Waiver is to exempt, waive and relieve us and our principals, directors, officers, employees, guides, instructors, agents, representatives, affiliates, suppliers, and distributors (the “Releasees”) from liability for property damage or all other claims that may result from you being an individual (the “Participant”) who wishes to engage in any of the activities, events and sports that are associated with a Booking (the “Activities”), including but not limited to, sailing, water sports and parties.
1.2. In consideration of being permitted to participate in any way in the Activities and having voluntarily elected to participate, you, as a Participant, covenant and agree to the terms and conditions contained in this Waiver.
2. ASSUMPTION OF RISK
2.1. You comprehend and appreciate that there are foreseeable, unforeseeable and inherent dangers and risks of harm involved in the Activities. You acknowledge that the Activities can be physically and mentally intense. You know and understand that the risk of injury from the Activities is significant, including the potential for partial or total disability, paralysis and death, and while personal discipline can minimise this risk, the risk of serious injury does always exist.
2.2. You acknowledge there is a risk that my personal property, including clothing, jewellery and other equipment can get lost, damaged or destroyed.
2.3. You acknowledge that the consumption of any alcohol and/or mind-altering substances (which may or may not include illegal or prohibited substances) before boarding or on board a sea-going vessel, whether or not at sea, is dangerous and is likely to increase the risk of personal injury and damage to property. You consume any alcohol and/or mind-altering substance at your own risk and you freely assume this risk.
2.4. You acknowledge that the consumption of any food and/or drink before boarding or on board a sea-going vessel, whether or not at sea, carries with it the risk of poisoning, for example, food poisoning and alcohol poisoning. You consume any food and/or drink at your own risk and you freely assume this risk.
2.5. You recognise that these risks and dangers include those arising from participating in an outdoor environment and being exposed to the elements (including the sea, wind and cold), general strain injuries from the Activities and collisions (with rocks, other yachts and vessels or any other objects). You acknowledge that these risks may arise from the conditions and use of equipment provided by or obtained for your use by the Releasees. In any event, you understand that these risks and dangers may be caused by your negligence or the negligence of the Releasees.
2.6. You acknowledge and understand that included within the scope of this Waiver is any claim or cause of action arising from:
2.6.1. the performance or failure to perform any maintenance, inspection, supervision or control of equipment supplied to you;
2.6.2. the failure to warn you of dangerous conditions existing during a sailing trip, excursion or other activities;
2.6.3. the selection or retention of certain employees, workers and agents of the Releasees; and,
2.6.4. the failure of the Releasees or their agents to provide you with adequate supervision or instruction.
2.7. You understand and agree that all of the risks and dangers described throughout this Waiver, including those caused by my negligence or the negligence of the Releasees’, are included within this Waiver described herein. You knowingly and freely assume all such risks, both known and unknown.
2.8. Nothing in this agreement is intended to release the Releasees from liability for death or personal injury caused by the negligence of the Releasees.
3. RELEASE AND DISCHARGE
3.1. You hereby release, discharge and hold harmless the Releasees from and against any and all claims, liability and/or causes of action you may have or that may be made on your behalf or by your spouse, children, heirs and legal representatives for loss of consortium, property damage, breach of contract or any other damage, occasioned by or arising out of or incidental to my participation in the Activities in general whether or not resulting from or caused by negligence by, of and/or on the part of the Releasees.
4.1. You will defend, indemnify and hold harmless the Releasees from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities including legal fees brought as a result of your participation in the Booking, and will reimburse the Releasees for any such expenses incurred. You agree that this Waiver may be pleaded as bar to any claims, actions, suits or proceedings taken at any time against any Releasee by you.
5.1. You expressly agree that this Waiver is intended to be as broad and inclusive as is permitted under English law and that if any portion thereof is held invalid it is agreed that the remainder shall continue in full legal force and effect.
6. BINDING ON SUCCESSORS
6.1. This Waiver binds the heirs, administrators, executors, personal representatives, dependants (if any) and successors of the Participant and ensures for our benefit, associated business and trading companies and its successors and assigns.
7.1. This Waiver shall be governed exclusively by the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to adjudicate upon any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes and claims).
AGREEMENT FOR PROVISION OF SKIPPER SERVICES
THIS AGREEMENT is dated on the day it is accepted and made between:
(1) The person identified by their signature as the skipper (Skipper, I); and
(2) The person identified by their signature as the lead booker, being the individual nominated by the Guests to be their main point of contact (Lead Booker, you).
1.1 The definitions and rules of interpretation in this clause 1 apply in this agreement.
Applicable Terms and Conditions: the terms each Guest has agreed to be contractually bound by upon entering a contract with us. Please refer to https://trippr.com/legal.
Duration: the period of engagement during which the Services will be provided for the charter period.
Guest(s): each individual who is part of a Yacht Booking, including the Lead Booker.
Quantum Meruit: means a reasonable sum of money paid for services rendered on a ‘what one has earned’ basis.
Services: the professional services to be performed by the Skipper for the Guests, which includes the services of captaining the Vessel.
TBL: The BucketLust Ltd, a company registered in England and Wales with company registration number is 10560332 and registered office at 10 London Mews, London, W2 1HY, United Kingdom.
Trippr: JusExperiences UK Limited t/a “Trippr”, a company registered in England and Wales with company registration number is 12260055 and registered office 3 Loughborough Street, London, SE11 5RB, United Kingdom.
Vessel: the yacht on which the Services are to be performed.
1.2 The headings in this agreement are inserted for convenience only and shall not affect its construction.
1.3 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.4 The words ‘I’, ‘me’ or ‘my’ are a reference to the Skipper, whereas the words ‘you’ or ‘your’ are a reference to the Guest.
1.5 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
1.6 Unless the context otherwise requires, words in the singular include the plural and, in the plural, include the singular.
1.7 The schedules to this agreement form part of (and are incorporated into) this Agreement.
1.8 Any words following including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
2. INTENTION TO CREATE LEGAL RELATIONS
This agreement is legally binding, as such, you should read it carefully before signing.
3. PROVIDING THE SERVICES
3.1 I shall provide the Services to you in accordance with the terms of this agreement and in accordance with clause 4 below.
3.2 The Services I normally provide are divided into a number of distinct stages as follows:
(a) I will carry out a thorough initial inspection of the Vessel and its equipment and advise you, to the best of my reasonable professional knowledge, on any potential risks or liabilities arising with the check in procedure and charter agreement for the yacht charter;
(b) I will carry out a safety briefing to meet minimum maritime legal requirements, an example of which (for illustrative purposes only) is attached at Annex 1 of this agreement.
(c) I will appoint one of the Guests as my assistant (Assistant) and shall provide additional tuition to the Assistant so that they can meet the demands of that role;
(d) I will captain and hold full authority over you and the Vessel for the Duration (and in accordance with the Additional Booking Terms and Conditions, will make decisions based on safety, experience and general consensus of the Guests);
(e) I will ensure that the Vessel’s exterior is kept clean and tidy for the Duration;
(f) I will arrange for refuelling of the yacht, at your expense, at the end of the Duration, for the avoidance of doubt the costs of refuelling shall be your responsibility; and
(g) I will carry out a final inspection of the Vessel immediately after your disembarkation and advise you to the best of my reasonable professional knowledge of any potential damages, costs or liabilities arising with the yacht check out procedure.
3.3 I promise to provide the Services:
(a) using reasonable care and skill;
(b) in compliance with commonly accepted sailing practices; and
(c) in compliance with the national laws and regulations of the relevant country in which I carry out the Services.
3.4 Without restricting the generality of clause 3.3 above, I will not:
(a) manoeuvre or sail the Vessel or its dinghy whilst under the influence of alcohol or any illegal mind- altering substance;
(b) manoeuvre or sail the Vessel while you appear to be under the influence of alcohol or any other substance such that there is a serious risk of accident or personal injury in my reasonable opinion;
(c) smoke on board the Vessel without your permission;
(d) verbally or physically abuse you;
(e) jeopardise the Vessel’s safety by approaching other yachts closely while under sail;
(f) leave the Vessel (even at anchor) if the weather appears to be deteriorating;
(g) sleep at any time while the Vessel is moving;
(h) throw litter into the sea; or,
(i) bring any of my own guests on board the Vessel without your permission.
4. WHEN SERVICES ARE PROVIDED
4.1 I shall commence providing the Services at 1400 on the first day of the Duration, to prepare the yacht for your arrival and boarding as soon as possible.
4.2 I shall finish providing the Services at 0900 on the final day of the Duration.
4.3 With the exception of the start and finish times on the first and last day of the charter in accordance with clause 4.1 and 4.2 above, I shall provide the Services every day for the Duration and shall commence providing the Services no earlier than 0800 and finish the Services no later than 2200. These times may vary if you and I otherwise agree or if in my reasonable opinion there are compelling safety reasons requiring the variation of these times.
5.1 Whilst there is a predetermined route and itinerary, you have the freedom to decide where the Vessel is sailed, whether the Vessel should travel under sail or by motor, and where the Vessel should be anchored.
5.2 Without prejudice to clause 5.1, I reserve the right to substitute your decision for my own if in my reasonable opinion there are compelling safety reasons to do so. Weather may affect any itinerary decided by you and I, you accept that in accordance with the Additional Booking Terms and Conditions. I will, in the interests of your safety and experience, make the final decision regarding the route.
5.3 If requested, I will help you plan your itinerary, or will plan your entire itinerary, if you ask me to do so. In planning your itinerary, I will take into account the daily mileage, the popularity of the route, the weather, the choice of anchorages or any other relevant factors.
5.4 I will advise you to the best of my knowledge all relevant information with respect to the costs, risks, reservations and local customs associated with the ports and harbours you may wish to visit during the Duration.
5.5 In any event I will not, under any circumstance, sail the Vessel outside of the territorial waters of the country from which we first set out to sea.
6. NON-PERFORMANCE OF SERVICES
6.1 In the event:
(a) I do not start performing the Services under clauses 3.1 and 4;
(b) stop performing the Services; or,
(c) otherwise do not perform the Services,
then provided that a reasonable time period has elapsed you may proceed with one of the options outlined in clause 6.2 below.
6.2 If an event occurs under clause 6.1 above, the options you may proceed with are:
(a) wait until I start performing the Services under clause 3.1 or resume performance of the Services; or,
(b) you may terminate this agreement under clause 6.3 or 6.4.
6.3 If I have started performing the Services and you decide you wish to terminate this agreement under clause 6.2(b) due to the circumstances described in clause 6.1 above, you will only have to pay for the Services performed (if any) up to the date of termination. If you have made payment(s) to Trippr in excess of the amount of Services I have performed, you will be entitled to either:
(a) a replacement skipper within 1 day of the date of termination; or,
(b) a refund of any deposit or other sums you have paid less payment for Services rendered on a Quantum Meruit basis within 30 days of the date of termination.
6.4 If I have not started performing the Services, I will not ask you to pay me anything and Trippr will offer you either:
(a) a replacement skipper within 1 day of the date of termination; or,
(b) a refund of any deposit of other sums you have paid to them within 30 days of the date of termination.
7. EVENTS OUTSIDE MY CONTROL
7.1 There may be certain situations or events that occur outside my reasonable control (Force Majeure Event). Where an Unavoidable and Extraordinary Circumstances occurs, there may therefore be a delay before I can start or continue performing the Services, you accept that there may be a delay due to a Force Majeure Event. I will normally attempt to resume performing the Services as soon as is reasonably practicable.
7.2 A non-exhaustive list of Force Majeure Events includes:
(a) where weather conditions or health-related issues make it unsafe, practically impossible or excessively difficult for me to perform any of the Services;
(b) where the booked Vessel is not delivered on the date or at the time agreed with the supplier of the Vessel, and it is practically impossible or excessively difficult to obtain a replacement Vessel from the same or an alternative supplier within a reasonable amount of time, or the price charged by the same or alternative Supplier is excessively higher than the booked Vessel;
(c) where I have to wait for other service providers (irrespective of whether or not they are engaged by you) to complete or commence their work before I am able to perform the Services wholly or partially;
(d) where I am unable to gain access to the Vessel to carry out the Services at the times and dates, I have agreed with you; or,
(e) any unforeseen or unavoidable event or situation which is beyond my reasonable control.
7.3 If it is reasonably likely that there will be an excessive delay between the Unavoidable and Extraordinary Circumstances and the resumption of my performing the Services, you may:
(a) continue waiting until I am able to resume performance of the Services;
(b) accept a replacement skipper from TBL (provided this will be an adequate remedy); or,
(c) terminate my engagement,
however, you will not be entitled to a refund in respect of the sums you have already paid for the Services rendered.
8. YOUR OBLIGATIONS
8.1 You shall grant me permission to gain access to the Vessel at the times and dates I have agreed to perform the Services.
8.2 For the Duration you will:
(a) obey all of my reasonable instructions whilst you are aboard the Vessel or when you are boarding the Vessel;
(b) not consume an excessive amount of alcohol or other substances to the extent that this poses a threat to the Vessel, yourself and others around you;
(c) in accordance with the Additional Booking Terms and Conditions, not bring any illegal substances on board the Vessel;
(d) not attempt to manoeuvre or sail the Vessel without my permission and guidance, or when I am not present on the Vessel;
(e) not use the Vessel’s dinghy unless my prior permission is obtained;
(f) inform me as soon as is reasonably practicable of any injuries, accidents or incidents that involve you or the Vessel;
(g) provide me with a drinking water supply;
(h) provide me with three meals a day at reasonable mealtimes;
(i) provide me with accommodation in a berth on-board the Vessel; and
(j) grant me permission to access the Vessel’s heads (lavatory) and washing facilities.
(k) not disturb me when I am sleeping between the hours of 2300 and 0700 unless there is an urgent problem or emergency. If you wish to socialise in the common saloon area of the yacht between these hours, then you will allow me to sleep in a private cabin rather than the saloon area.
9. ASSUMPTION OF RISK, RELEASE AND DISCHARGE
9.1 By entering into this agreement, you acknowledge and understand the existence of serious risks, in particular:
(a) there are foreseeable, unforeseeable and inherent dangers involved in sailing and other water sports and activities, including being exposed to the elements;
(b) sailing can be physically and mentally intense;
(c) being under the influence of alcohol or other substances whilst on board a yacht is dangerous;
(d) there is a significant risk of personal injury from participating in sailing and other water sports and activities (which includes the potential for total or partial disability, paralysis and death), and although personal discipline and abstention from the consumption of alcohol or other substances that impair awareness can minimise this risk, this risk will nonetheless exist; and,
(e) there is a risk that your personal property can get lost, damaged or destroyed.
9.2 You acknowledge and understand that any dangers and risks described in this agreement, including those caused as a result of your negligence or the negligence of others (including me) are included within the waiver and release described in this agreement and you freely assume all such risks whether known or unknown.
9.3 Except to the extent that any of clauses 9.4 to 9.6 apply, you agree to release, discharge or otherwise will hold me harmless from and against any and all claims, liabilities and/or causes of actions you may have or that may be made on your behalf or by your successors in title for loss of consortium, property damage and/or any other damage occasioned by, arising out of or incidental to the performance of the Services whether or not resulting from or caused by my negligence.
9.4 For the avoidance of doubt, nothing in this clause 9 is intended to release me from liability for your death or personal injury if this damage is directly caused by my negligence.
9.5 You acknowledge and understand that you are unlikely to be insured to use the Vessel’s dinghy unless you have obtained any applicable insurance required by law.
9.6 If I negligently cause damage or injury to other people, other yachts and their ancillary equipment, the Vessel, the Vessel’s dinghy, or the Vessel’s equipment, then I will pay such amounts as it necessary to rectify the damage or compensate the injured parties. This includes paying you for the loss of any security deposit you may have paid prior to chartering the Vessel.
9.7 If you negligently cause damage or injury to other people, other yachts and their ancillary equipment, the Vessel, the Vessel’s dinghy, or the Vessel’s equipment, then you will pay such amounts as it necessary to rectify the damage or compensate the injured parties. I will not pay you or anyone else any amount in respect of such damage or injury.
10. PRICE AND PAYMENT
10.1 The price and method of payment for the Services will be agreed between you and Trippr.
10.2 You agree that you have paid or will pay such amounts as agreed with Trippr for the Services before I commence performance of the Services.
11. CANCELLATION BY YOU
11.1 Once we enter into this agreement you will not be able to terminate it except as provided for in this agreement, however, we can agree to terminate this agreement by way of mutual consent.
11.2 If we agree to terminate this agreement by way of mutual consent under clause 11.1, then you will only be liable to pay the cost for Services already rendered up to the time and date I stop providing the Services.
11.3 If we agree to terminate this agreement by way of mutual consent under clause 11.1, and in accordance with clause 11.2, Trippr will deduct the sums for which you are liable from any deposit you may have paid. Any remaining deposit will be returned to you within 30 days. If the amount outstanding exceeds the amount of any deposit you have paid, then Trippr shall issue you an invoice for the balance.
11.4 If you:
(a) purport to terminate this agreement;
(b) give notice purporting to terminate this agreement; or
(c) otherwise do not fulfil your obligations in such a way that is equivalent to you terminating this agreement (including but not limited to not paying any sums due under this agreement),
I am under no obligation to accept your termination under this clause 11.4 otherwise than provided under clause 11.1 or elsewhere in this agreement, however, I may elect to accept your termination under this clause 11.4 and if I have elected to do so you agree that you shall pay me a reasonable sum for the losses and costs (including loss of profit) I have suffered.
11.5 If I have elected to accept your termination under clause 11.4, and if you have paid a deposit to Trippr, the whole or part of this deposit will be retained by Trippr up to the sum of the losses and costs (including loss of profit) I have suffered whereas any excess will be refunded to you within 30 days. Where my reasonable losses and costs (including loss of profit) exceed the sum of any deposit you have paid Trippr, Trippr shall issue you an invoice for the balance.
12. AMENDMENTS TO THESE TERMS AND CONDITIONS
12.1 I reserve the right to amend these terms and conditions where:
(a) I am compelled to do so in order to comply with changes in the law or for regulatory reasons; or,
(b) I am compelled to do so in order to correct any obvious errors or omissions to the extent that such corrections are minor and do not materially affect this agreement.
12.2 Where I exercise my right to amend these terms and conditions, I agree to give you two days’ notice (unless this agreement is terminated before that period).
13. CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
13.1 Without prejudice to clause 13.2, for the purpose of the Contracts (Rights of Third Parties) Act 1999 this agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
13.2 You and I agree that TBL may enforce the terms of this agreement as though it were a party, however, TBL shall not be required to perform either party’s obligations under this agreement.
14. GOVERNING LAW AND JURISDICTION
This agreement shall be governed and construed in accordance with the law of England & Wales and shall be subject to the exclusive jurisdiction of the courts of England & Wales.
Signed by the Skipper ………………………………..
Name of the Skipper ………………………………..
Signed by the Lead Booker ………………………………..
Name of the Lead Booker ………………………………..
ANNEX 1 SAFETY BRIEFING
1.1. Security deposit. Guests have paid a security deposit that will be retained by the yacht charter company if the guests damage the yacht. Skipper will only be responsible for damage they cause directly or where they have explicitly instructed the guests to do something resulting in damage.
1.2. Skipper’s instructions must be obeyed at all times on the yacht. Skipper is responsible for the safety of the yacht and all persons on board whilst under way.
1.3. Movement around the yacht. Beware of trip hazards, the boom, sheets/ropes and wet/slippery decks. Keep a low centre of gravity whilst moving around the yacht. Be very careful whilst the yacht is underway.
1.4. Engine dangers. Do not exit yacht into the water whilst the engines are running without Skipper’s express permission.
1.5. Life jacket and safety harnesses.
1.6. First Aid Kit.
1.7. Life Raft.
1.8. Rubbish/trash. Nothing is to be disposed of in the sea. Recycle where possible.
2.1. Fire extinguishers. Guests to familiarise with location and usage.
2.2. Gas. Be very careful when cooking using gas on a yacht. Always shut gas off at the main valve when not in use.
2.3. Smoking. No smoking below decks. Beware of burns and damage to the yacht from cigarettes/cigars.
3. BELOW DECK
3.1. Toilets. Guests to familiarise with use. Nothing must be disposed of inside a toilet aside from human waste. Toilet paper must be disposed of separately in bin/trash bags. A blocked toilet will result in damages being taken from the security deposit.
3.2. Waste holding tanks. Guests to leave to Skipper to manage.
3.3. Water. Yachts hold a limited amount of water. Hot water is very limited and should be used sparingly.
3.4. Hatches/Portlights. Hatches, windows and portlights must be closed and locked when sailing and when you are not on-board the yacht. It is the Guest’s responsibility if cabins get wet or items are stolen as a result of a failure to do this. Do not stand on hatches.
3.5. Stowage. All loose items are to be safely stowed before leaving dock.
3.6. Electricity. Yachts have limited amounts of electricity stored in their batteries. Guests to familiarise with imitations of battery, energy efficiency, overloading inverters (no hair dryers, irons etc.)
4. ABOVE DECK
4.1. Dangers on deck. Guest to understand dangers on deck whilst the yacht is underway (boom, mainsheet, sheets and ropes under tension, sailing, wind, waves etc.)
4.2. Winches. Skipper to demonstrate safe usage (if to be used by clients): backs of hands to face winch at all times, easing winch under load etc.
5.1. Skipper to demonstrate how to use anchor, chain markings and anchoring communications.
5.2. Ensure anchor is not stowed into bow roller when stationary (can cause damage).
5.3. Stop lowering anchor before chain runs out.
6.1. Guest to understand cost and risk of losing the dinghy (security deposit loss), dangers of operating near swimmers, dangers of overloading, dangers of operating whilst intoxicated.
6.2. Client will bear full responsibility of dingy if used without skipper.
7. ASSISTANT BRIEFING
7.1. Engine. Start/Stop procedures and how to control
7.2. VHF. How to call for help, Ch16 for emergency MAYDAY
7.3. Man overboard. How to furl head sail and recover MOB into wind under engine. Skipper to explain what to do in event of Skipper falling overboard with reference to https://www.rya.org.uk/knowledge-advice/cruising-tips/boat-handling-sail/Pages/man-overboard.aspx
7.4. Navigation. How to find nearest port of refuge
7.5. Flares. Location and use including when to use each type
8. GUEST WELFARE
8.1. Drugs. Trippr has a zero tolerance drugs policy. Guests may be removed permanently from the yacht, event, banned from the event and all future Trippr events and reported to local authorities.
8.2. Alcohol. It’s dangerous to drink whilst sailing; clients do so at their own risk. Alcohol can cause serious dehydration at sea; drink plenty of water. Alcohol Increases the chance of seasickness.
8.3. Yacht kitty. Skipper to explain the yacht kitty, a communal fund to cover yacht costs such as: marina fees, water/electricity charges, fuel
8.4. Dehydration and sun protection. There is an increased risk whilst sailing. Use high factor SPF and drinking lots of water.
8.5. Music. Off by 9pm on-board yacht. Music never to be played at high levels where it may upset others nearby
8.6. Medical conditions. Make skipper aware of any issues and how to manage them.
9. STAFF WELFARE
9.1. Guests to provide skipper with reasonable food and drink at least three times a day at meal.