Terms and Conditions - Solent Luxury Yacht Charter - Bavaria Vision 44. Haslar Marina, Gosport

Terms and Conditions

Welcome to Nelson Scott Uk Ltd trading as Manhattan Sailing. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Nelson Scott UK Ltd’s relationship with you in relation to this website.

The term ‘Nelson Scott UK Ltd’ or ‘us’ or ‘we’ refers to the owner of the website whose office is PO Box 7046, Christchurch, Dorset, BH23 9FP. The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
• Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
• From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
• You may not create a link to this website from another website or document without Nelson Scott UK Ltd’s prior written consent.
• Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales.

Payment and Deposits

1.1 Bookings are accepted from a company or individual (hereinafter referred to as 'the Charterer') subject to the yacht being available. The right is reserved to cancel any booking made and in the event of such cancellation no liability shall fall on us except that any monies paid shall be refunded.

1.2 The 50% advance payment shall be paid to Nelson Scott Ltd (hereinafter referred to as 'the Company') on the signing of booking form. Payment of the balance of charter fee must be made and cleared at least 2 weeks prior to the charter. A security deposit of £250 charters should also be paid 2 weeks prior to the charter date.

1.3 The Company may retain and apply the Security Deposit in reduction or extinction of:

(a) any liability of the Charterer to the Company, howsoever the same may arise; and/or

(b) the cost of repairing any loss or damage to the Yacht, her equipment, or furnishings which occur during the Charter Period and which is for any reason not recoverable under the yacht's insurance, howsoever the same shall occur;

(c) any liability arising from damage caused to third party property provided that such retention shall be without prejudice to the right of the Company to recover any unsatisfied balance of such liability or cost from the Charterer.

1.4 Subject as aforesaid, the Security Deposit or any balance shall be returned to the Charterer within 14 days after the completion of the charter period or, in the event of dispute, upon the determination of such dispute.

2. The Company's Obligations

2.1 Unless otherwise stated, the yacht is fully equipped as per her inventory.

2.2 The Company shall exercise all reasonable care to see that the yacht and equipment when chartered is in every respect in good order, but shall not be liable for any loss, damage or injury to persons or property however arising and whether occasioned or contributed by the act, the neglect or omission or by reason of defect in or any insufficiency of yacht and equipment whether existing at the commencement of charter or at any other time.

2.3 The Company will use reasonable endeavours to make the yacht available to the Charterer at the agreed time and place. If for any reason the yacht shall not be available, a pro-rata refund will made to the Charterer for each 6 hours delay. If such delay exceeds 25% of the total charter period, the Charterer shall be at liberty to treat the Charter as determined and the Company shall thereupon return all sums paid. In this event the Company shall not be liable to pay the Charterer any other compensation for any loss or damage of whatsoever nature resulting from the curtailment or cancellation of this Charter.

3. Insurance

3.1 The Company's yacht is insured against accident and third party liability, but an individual client is not insured against personal injury, loss or responsibility for cancellation. In your own interests you are strongly advised to insure against these contingencies.

3.2 The Company shall have no liability for death or personal injury suffered by the Charterer, his servants, agents or any member of his party save in the event that the same is caused by the company’s wilful neglect.

4. Charterer's Obligations

4.1 Skippered charters: In all cases on board the decision of the skipper is final. Whilst every effort to put to sea shall be made, the company's craft will not put to sea if in the opinion of the skipper, weather or other conditions render it imprudent to do so.

4.2 The Charterer must not themselves or allow any person on board to commit any act contrary to the laws of the country in which vessel is operating. If such an act is committed, the client alone shall bear all resulting responsibilities and shall alone answer to the appropriate authorities for any act which is in contravention of the laws of the country concerned.

5. General

5.1 The Company shall have the right to restrict the cruising limits of the Charterer in the light of the experience of the Charterer and the members of his party, and/or the actual or anticipated weather conditions