Charter Agreement - Trojan - J109
Trojan Charter Agreement as at 1 September 2023
Charter Agreement. In respect of the charter of a registered craft. Description: TROJAN including all equipment, machinery and gear on board and any specific inventory supplied and signed for by both parties at the time of handover, forming part of this agreement. An arrangement made between the RE Yacht Club, RHQ RE, Brompton Barracks, Chatham ME4 4UG (hereinafter called 'the Agent') and the 'Hirer' under the charter terms and charges as stated on the sappersailing.org website stipulates that the following terms and conditions must be met:
Note: Insurance. The terms of the insurance policy dictate that REYC vessels are only permitted to be chartered to Club members and members of a Service Yacht Club (ASA/RNSA/RAF SA) or affiliated club. Racing is only to be allowed through the prior agreement of the Offshore Rear Commodore or Racing Secretary. In addition, only a Yachtmaster (Offshore) or Yachtmaster (Ocean) may skipper Trojan.
| 1. CHARTER AND ADVANCE PAYMENT | ||||||||||||||||||||||
| Agreement to Let | 1. The Agent shall let and the Hirer shall use the Yacht for the Charter Period for the Charter Fee. The Charter Fee shall be paid to the Agent before the start of the Charter Period, unless otherwise agreed by the Agent. | |||||||||||||||||||||
| 2. SECURITY DEPOSIT | ||||||||||||||||||||||
| 2. The Hirer shall pay the Security Deposit to the Agent as Security against the Yacht not being returned in good condition and towards any loss of or damage to the Yacht occurring during the Charter Period which is the responsibility of the Hirer and against any loss or damage suffered by the Agent due to any breach of this Agreement by the Hirer but without prejudice to any claim over and above the Security Deposit which the Agent may have. The Security Deposit cheque will be destroyed within 14 days after re-delivery (unless requested to remain on file for the season by the Hirer) of the Yacht to the Agent or, in the case of dispute, upon the determination of that dispute. | ||||||||||||||||||||||
| 3. DELIVERY OF YACHT | ||||||||||||||||||||||
| Delivery of Yacht | 3.1 Before the Start of the Charter Period the Hirer shall have the opportunity to inspect the Yacht for the purpose of ensuring that the Yacht and its equipment are in proper working order and further shall have the right to insist on a trial of at least one hour's duration. Acceptance of the Yacht shall imply that the Yacht is in good order. | |||||||||||||||||||||
| Safety Briefing | 3.2 The Hirer must be available for a yacht safety equipment brief as part of the Handover Procedure prior to the commencement of the charter. This may be completed prior to the charter period, by arrangement with the Captain of Boats, or at handover. This may be conducted remotely or in person by mutual arrangement. In the event of changes to the Yacht between the safety brief and the commencement of the Charter Period the Hirer will be advised. | |||||||||||||||||||||
| Hirer's Competence | 3.3 Likewise the Agent shall have the right to insist that the Hirer and at least one member of his party accompany the Agent for trials to establish to the satisfaction of the Agent their ability to handle the Yacht unattended in the Cruising Limits specified. | |||||||||||||||||||||
| Hirer's Failure to Accept Delivery | 3.4 If the Hirer should fail to accept delivery of the Yacht within 48 hours from the start of the Charter Period and does not notify the Agent of his intention to accept delivery later during the Charter period, then the Agent shall be at liberty to treat this agreement as determined. The Agent's right upon termination shall be as set out in Clause 7.1 hereof. The Hirer shall, however, be given credit for any sum recovered by the Agent if he succeeds in re-hiring the Yacht in accordance with the conditions set out in Clause 7.3.1, 7.3.2 and 7.3.3 hereof. Acceptance of a late delivery time by the Hirer will only be possible if the handover and safety brief (and assessment of Hirer's Competence, if required) can be rescheduled. | |||||||||||||||||||||
| 4. OBLIGATIONS OF THE AGENT. The Agent hereby UNDERTAKES as follows: | ||||||||||||||||||||||
| Agent's Duty on hand-over of Yacht | 4.1 To use his best endeavours to hand over the Yacht to the Hirer at the start of the Charter Period in full commission, fully bunkered (subject to Clause 4.3 hereof) in good condition and with all the necessary gear and equipment, including any items specified in the Inventory and any tools and equipment necessary for minor foreseeable repairs. The Agent does not warrant the fitness of the Yacht in all conditions of weather for any particular cruise or passage within the Cruising Limits. | |||||||||||||||||||||
| Refund by Agent in case of delay or Inability to deliver | 4.2 To use his best endeavours to deliver the Yacht to the Hirer at the agreed time and place. If for any cause the Yacht shall not be so delivered to them, subject to Clause 3.4 hereof, a pro rata refund shall be made to the Hirer for each complete 12 hours' delay. If the delay should exceed 48 hours, this Agreement shall become null and void and the Agent shall return to the Hirer the proportion of the Charter Fee already paid but without further liability for either part to pay compensation to the other. | |||||||||||||||||||||
| Fuelling of Yacht | 4.3 To use his best endeavours to hand over the Yacht at the start of the Charter Period in a fully bunkered condition, but if he is unable to do so then he shall agree with the Hirer upon hand-over the levels of usable fuel, lubricating oil, water and other similar stores. | |||||||||||||||||||||
| Provision of Documentation | 4.4 To obtain and provide any necessary documentation on board the Yacht in accordance with the regulations for the time being in force under the Customs and Excise or other Acts, MCA Coding Regulations and any amending Statute, and to assist the Hirer to ensure that the Yacht is provided with the necessary Ship's papers. Note: The Hirer may require additional personal documentation if he is going to a foreign country, such as a Helmsman's (Overseas) Certificate of Competence. In most cases information can be obtained from the Royal Yachting Association, RYA House, Ensign Way, Hamble, Southampton, SO31 4YA. | |||||||||||||||||||||
| Provision of Foul Weather Clothing and Personal Life Saving Equipment | 4.5 To provide limited amount of foul weather clothing (oilskins and boots) available for use in sizes suitable for most adults (included in the charter fee). Lifejackets (manual gas with harness, adult sizes only) are provided for the Hirer within the inventory. | |||||||||||||||||||||
| 5. OBLIGATIONS OF THE HIRER. In addition to the obligations of the Hirer in respect of Insurance in Clause 6 hereof the Hirer UNDERTAKES as follows: | ||||||||||||||||||||||
| Take-over of Stores etc. | 5.1 If at the commencement of the Charter Period the Yacht is handed over in a fully bunkered condition, to return the Yacht at the end of the Charter Period in the same condition. It shall be the Agent's obligation to agree with the Hirer the present levels of all usable fuel, lubricating oil, water, gas and other similar consumable stores at the commencement of the Charter Period and the Hirer shall be responsible for ensuring that the Yacht is returned at the end of the Charter Period similarly bunkered. In the event that the Hirer does not fulfil this obligation a difference in levels shall be agreed, according to the rates in the table below, between the Agent and the Hirer at the end of the Charter Period and the cost of the difference shall be chargeable to the Hirer.
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| Payment of Running Expenses | 5.2 To pay for all running expenses during the Charter Period, including the cost of charts (if not supplied), food, laundry charges, water, fuel required on passage (in excess of bunkered fuel), bills of health, harbour dues, port dues, pilotage, victuals and provisions for himself and his party. | |||||||||||||||||||||
| Payment for fuel | 5.3. As per Clause 4.3 hereof, the Yacht will be delivered with a full fuel tank. The use of the engine is not payable in engine hours. However, the Yacht is to be returned having been refuelled at the cost of the Hirer to cover the amount of fuel used during the charter. If the Yacht is returned without being refuelled and fuel has been used, then charges will be raised against as the Hirer as per Clause 5.1 hereof. | |||||||||||||||||||||
| Reparation for Loss or Damage | 5.4 With the exception of loss or damage arising from latent defects or from fair wear and tear, to make good all loss of or damage to any stores, gear, equipment or furnishings of every kind belonging to the Yacht caused during the Charter Period which is not recoverable under the Insurance effected by the Agent as well as any loss or damage arising after the Charter Period but attributable to any act of default of the Hirer or any member of his party. (Clause 6.1 defines the insurance excess which is not recoverable and is thus payable by the Hirer). | |||||||||||||||||||||
| Hirer's duty to Report Accidents or Damage | 5.5 To report by telephone, email, or letter, to the Agent, (and, where applicable to the Insurers) as soon as possible any event likely to give rise to a claim under the Insurance, and any other accident, damage or failure of or to the Yacht, and to comply with any reasonable instructions given to him by the Agent or the Insurers. The Hirer shall obtain the approval of the Agent, and shall obtain a written estimate for any work likely to cost over £50, before putting any repairs in hand. In addition, the Hirer is to complete a Damage/Collision/Grounding boat report and note the incident in the Yacht's logbook. In the event of a line snagging on the propeller or prop-shaft, the boat will be inspected upon return to AOSC and any associated charges billed to the charterer. All accidents involving personal injury are also to be written in the log and reported immediately to the Rear Commodore (Offshore) on your return. | |||||||||||||||||||||
| Not To Sub-let | 5.6 Not to lend, sub-let or otherwise part with the control of the Yacht. | |||||||||||||||||||||
| Restriction of Use | 5.7 Not to use the Yacht for any purpose other than private pleasure cruising for himself, his crew and his guests, nor to race the yacht, without the prior consent of the Agent. The Hirer further undertakes not to tow any dinghy but to store it on board. Further additional restrictions on use, cruising limits, and other additional specific instructions to ensure the safety of the Yacht and crew may be placed upon the Hirer by the Agent. | |||||||||||||||||||||
| Number of Persons on Board | 5.8 To limit the number of his party to not more than the number of berths on the Yacht. As specified within the Small Commercial Vessel Certificate. Minimum numbers, as specified within the Club Rules, outlined in the Joining Instructions and at www.sappersailing.org. | |||||||||||||||||||||
| Restriction to Cruising Limits | 5.9 Not to take the Yacht outside the Cruising Limits as defined on this Agreement without written permission from the Agent. The minimum qualification required to charter the yachts is RYA Day Skipper (Ilex/ X-34) or Yachtmaster (Offshore) (Trojan / J109). The normal cruising limits according to qualifications are as follows: 5.9.1 RYA Day Skipper Not East of Chichester Harbour, or West of Poole Harbour. 5.9.2 RYA Coastal Skipper Not East of Dover or West of Falmouth Harbour, maximum 20 miles offshore 5.9.3 RYA Yachtmaster Area enclosed by Ouessant, Lizard, North Foreland and Oostend. | |||||||||||||||||||||
| Hand-over Documentation | 5.10 To fully, and accurately, complete all hand-over documentation, as supplied by the Agent on handover, providing acceptance of the inventory, re-fuelling card and procedures. To complete next of kin details including on board contact telephone numbers in accordance with ASA Standing Orders. Completion of hand over documentation denotes acceptance of this agreement. | |||||||||||||||||||||
| Amendment to Charter Agreement | 5.11 The charter agreement may be modified after issue by the Agent in order to comply with changes in MCA Policy, ASA Policy, or revisions in REYC rules or operating procedures. The Hirer will be advised of these changes on hand-over and will be required to accept the new terms and conditions in order to continue with the Charter. | |||||||||||||||||||||
| Unlawful Acts | 5.12 Not knowingly or recklessly to permit to be done or to do or fail to do any act which may render void the Agent's policy of insurance or result in the forfeiture of the Yacht. | |||||||||||||||||||||
| Indemnity by Hirer in Cases Where Yacht Insurance becomes Void | 5.13 If the Insurance Policy of the Yacht shall be rendered void or the policy monies withheld in whole or in part by reason of any act or default of the Hirer or any member of his party, the Hirer hereby agrees to indemnify the Agent against any loss consequent upon such act or default. | |||||||||||||||||||||
| Duty of Care in Regard to Safety and Security | 5.14 To be fully responsible for the safety and security of the Yacht at all times during the Charter Period. Unless the Yacht is moored or anchored in a Harbour, marina or similar location, he further undertakes that the yacht shall at no time be left unattended and at least one member of the party shall remain on board in such circumstances. | |||||||||||||||||||||
| Observation of Regulations | 5.15 To observe all regulations of Customs, Port, Harbour or other Authorities to which the yacht becomes subject. | |||||||||||||||||||||
| No animals on Board | 5.14 At no time during the Charter Period to allow any animals on board the Yacht. | |||||||||||||||||||||
| Customs Clearance | 5.16 To ensure that the Yacht is properly cleared by British Customs on leaving for or returning from abroad. | |||||||||||||||||||||
| Provision of Foul Weather Clothing and Personal Life Saving Equipment | 5.17 The Hirer is required to provide personal buoyancy and foul weather clothing to the standard required within the MCA Code for those members of the crew that are outsize of the Hirer's provided lifesaving equipment and foul weather clothing and are therefore not adequately provided for with the standard equipment. The reasons for non-suitability will be assessed solely by the Agent and may include factors such as age, weight, experience, tempered by the prevailing weather conditions and passage plans. | |||||||||||||||||||||
| Maintenance During the Charter Period | 5.18 To allow, where reasonably practicable, when essential or urgent maintenance of the vessel is required, access to the Agent to make good repairs. | |||||||||||||||||||||
| 6. INSURANCE AND LIABILITIES | ||||||||||||||||||||||
| Yacht Insurance | 6.1 The Agent shall insure the Yacht for its full market value against fire and all the usual marine and collision risks with protection and indemnity cover (but not so as to cover the first part of any claim covered by the damage waiver), or damage to sails unless caused by a dismasting or collision). The Agent will provide for the Hirer on request a copy of the Policy or certificate and shall ensure that the Hirer is covered under the policy or certificate for the same risks as the Agent himself. | |||||||||||||||||||||
| No Duty on Agent to insure for Personal Accident and Effects | 6.2 The Agent shall not, however, be liable for any personal injury or any loss of, or damage to, the personal property of the Hirer or any member of his party, or any person invited aboard the Yacht by the Hirer during the Hire Period. | |||||||||||||||||||||
| Compensation for Breakdown or Unseaworthiness | 6.3 Should major damage occur to the Yacht during the Charter Period so as to involve a claim on the Policy of Insurance as described in Clause 6.1 or should a major breakdown of the gear or machinery occur of a nature to make the yacht unseaworthy, a pro rata refund will be made for the period during which the yacht was unseaworthy, PROVIDED ALWAYS that neither the Hirer nor any member of his party caused or contributed to the damage or breakdown. | |||||||||||||||||||||
| No Claim by Hirer for Consequential Loss | 6.4 Notwithstanding anything in this Agreement the Hirer shall not be entitled to claim from the Agent any other compensation in respect of damage or breakdown or of any consequential loss however caused. | |||||||||||||||||||||
| Yacht Becoming an Actual or Constructive Total Loss | 6.5 If the Yacht shall become an actual or constructive total loss during the Charter Period then provided that the Insurance of the Yacht has not been rendered void or the policy monies withheld in whole or in party by reason of any act or default of the Hirer or any member of his party this Agreement shall terminate and the pro rata proportion of the Charter Fee shall be repaid to the Hirer. | |||||||||||||||||||||
| 7. TERMINATION OF AGREEMENT | ||||||||||||||||||||||
| Hirer's Failure to Pay or Comply with Terms of Agreement | 7.1 If any payment due under this Agreement is not made on or by the appointed day, or if the Hirer fails to comply with any other provision in this Agreement, the Agent may forthwith terminate this agreement and resume possession of the yacht, but without prejudice to the right of the Agent to recover any unpaid part of the Charter Fee and damages in respect of any breach of this Agreement by the Hirer. | |||||||||||||||||||||
| Notice of Withdrawal more than 14 days prior to Commencement of Charter Period | 7.2 If the Hirer gives written notice to the Agent more than 14 days before the start of the Charter Period (for a reason unrelated to extreme weather conditions) that the Yacht will not be required, no liability for the balance of the charter fee will remain. | |||||||||||||||||||||
| Withdrawal within Two Months of Charter Period | 7.3 If the Hirer gives notice to the Agent within 14 days before the start of the Charter Period that the Yacht will not be required, then the Agent will use his best endeavours to re-charter the Yacht and the following provisions shall apply: | |||||||||||||||||||||
| 7.3.1 If the Agent is unable to re-charter the Yacht, then the Hirer, remains fully liable for all payments due under this Agreement; | ||||||||||||||||||||||
| 7.3.2 If the Agent is able to do so at the same or a greater Charter Fee, then the Hirer can be refunded the full charter fee. | ||||||||||||||||||||||
| 7.3.3 If the Agent is only able to do so at less than the Charter Fee, then the Hirer will be liable for the difference between the net sum which the Agent receives and the payments due under this Agreement. | ||||||||||||||||||||||
| 8. RE-DELIVERY OF THE YACHT | ||||||||||||||||||||||
| Yacht Hirer's Responsibilities Upon Re-delivery | 8.1 The Hirer will re-deliver the Yacht to the Agent free of indebtedness at the end of the Charter Period in as good, clean and tidy condition as when delivered to the Hirer (reasonable wear and tear excepted), at the Yacht's base or other mutually agreed place and time. | |||||||||||||||||||||
| 8.2 The Hirer will endeavour to return the Yacht fully bunkered. | ||||||||||||||||||||||
| Penalty for Late Return of Yacht | 8.3 If the Hirer shall fail to re-deliver the yacht at the time and place agreed, he shall be liable to pay to the Agent the sum of one and a half times the daily rate, or for a replacement vessel at full commercial rates and administration fees if another Hirer is waiting and thus unable to commence an agreed period of charter, for every day or part of a day by which re-delivery is delayed unless the delay is caused by the operation of a peril covered by the terms of the Yacht Policy or Certificate of Insurance referred to in Clause 6.1 hereof or by such damage to, or failure of, the Yacht as may have been reported to the Agent under Clause 5.4. | |||||||||||||||||||||
| 9. SETTLEMENT OF DISPUTES | ||||||||||||||||||||||
| Settlement of Disputes | 9.1 In the event of any dispute arising out of this Agreement such shall be referred to a sole arbitrator whose decision shall be final. The arbitrator of first choice will be the ASA. If the parties are unable to agree on the nomination of an arbitrator then he shall be nominated by the Chairman for the time being of the Council of the Royal Yachting Association. | |||||||||||||||||||||
| 10. LAW | ||||||||||||||||||||||
| 10.1 The Agreement shall be governed by English Law. | ||||||||||||||||||||||
| 11. MARGINAL NOTES | ||||||||||||||||||||||
| 11.1 Any explanatory marginal notes shall not affect the meaning of nor form part of this Agreement. | ||||||||||||||||||||||
| 12. THE INVENTORY | ||||||||||||||||||||||
| 12.1. An Inventory will be presented during handover, the Agent and Hirer will review the Inventory on handover and upon re-delivery of the Yacht. The Inventory will form part of this agreement as it details the condition of the Yacht and equipment. | ||||||||||||||||||||||
CREWING LIMITATIONS FOR REYC YACHTS
1. Listed below are the minimum and maximum numbers and crew qualifications required for all REYC yachts. Maximum numbers are dictated by both the safety equipment provided and the MCA certification.
2. Skippers must provide valid certificates for inspection in order to confirm compliance with the qualification requirements. Failure to do so may result in the cancellation of the charter. Skippers are reminded that to exceed these limitations will invalidate the insurance cover and skippers may be liable for all costs in the event of an accident.
3. Those planning Military Adventurous Training are reminded that the club limitations do not supersede or negate the requirements mandated by AGAI Ch 11.
TROJAN:
| Sailing Area | Minimum Crew Qualifications | Min Nos | Max Nos | |||
| Skipper | Mate | Crew | ||||
| Day sailing | | Yachtmaster (Offshore) | Comp Crew | Offshore Hand | 4 | 6 |
| | | | | | ||
| Coastal Passage | | Yachtmaster (Offshore) | Day Skipper | Comp Crew | 3 | 6 |
| | ||||||
| Offshore Cruising | Yachtmaster (Offshore) | Day Skipper | 2 Offshore hands | 4 | 6 | |
| Racing | Yachtmaster (Offshore) | Day Skipper | Comp Crew + 2 | 5 | 7 (9*) | |
Notes:
1. An Offshore Hand is an able-bodied person over the age of 14.
2. Day sailing may only be conducted between Chichester & Poole Harbours.
3. All skippers wishing to race Trojan or to cruise with the asymmetric spinnakers issued must arrange for specific briefing/training prior to the charter date.
4. *Inshore racing in the J109 (Trojan) crews are restricted by weight to no more than 9.
For Offshore racing, maximum crew size is 7.
5. Authority to race must be sought prior to acceptance of charter from the Rear Cdre (Offshore). In all cases the minimum skipper qualification is Yachtmaster (Offshore).
Last updated 12:22 on 2 April 2024
