Terms and Conditions

YACHT CHARTER AGREEMENT

(Portsmouth Yacht Charter – Port Solent Marina, Solent Day Charters)

1. DEFINITIONS AND INTERPRETATION

1.1 In this Agreement, unless the context otherwise requires, the following expressions shall have the following meanings:

“Owner” means Portsmouth Yacht Charter (or the legal entity operating the Vessel).
“Charter” means a crewed day charter of the Vessel in the Solent.
“Charter Fee” means the total agreed fee payable by the Charterer.
“Charter Period” means the agreed day charter duration (typically 4–8 hours) commencing at departure and ending on return to berth.
“Base Marina” means Port Solent Marina.
“Operating Area” means the Solent and adjacent coastal waters as determined by the Skipper.
“Delivery” means embarkation at the Base Marina or other agreed location.
“Force Majeure” means events beyond reasonable control including adverse weather, mechanical failure not due to negligence, port restrictions, or actions of authorities.
“Guests” means all persons invited on board by the Charterer.
“Principal Charter Guest” means the individual responsible for the booking and conduct of Guests.
“Skipper” means the MCA-qualified master appointed by the Owner.
“Vessel” means the yacht specified in the Charter Details.

1.2 Headings are for convenience only and shall not affect interpretation.

2. AGREEMENT TO CHARTER

2.1 The Owner agrees to provide and the Charterer agrees to hire the Vessel for a crewed day charter in the Solent.
2.2 The Charter includes skipper and crew services.
2.3 Time for payment of all fees is of the essence.

3. DELIVERY AND CONDITION

3.1 The Vessel shall be made available at the agreed time at the Base Marina in a seaworthy, clean, fuelled, insured, and properly crewed condition, compliant with MCA coding and UK maritime regulations, and certified for a maximum of ten (10) Guests.
3.2 The Vessel is offered for leisure cruising and hospitality; no warranty is given as to suitability for any specific purpose.

4. CHARTER PERIOD AND RETURN

4.1 The Charter shall begin and end at the Base Marina unless otherwise agreed.
4.2 The Charterer acknowledges that late return caused by Guests may result in additional charges.
4.3 Early return at the Charterer’s request shall not entitle the Charterer to any refund.

5. WEATHER AND OPERATING CONDITIONS

5.1 The Vessel will not operate in forecast conditions exceeding Beaufort Force 6 (or gusting Force 7).
5.2 If conditions prevent safe operation:

an alternative date will be offered; or
a full refund will be provided if rescheduling is not agreed.
5.3 Typical UK weather conditions (including rain, cloud, or moderate wind) do not constitute grounds for cancellation.
5.4 The Skipper’s decision on safety, weather, and route is final.

6. GUESTS AND SAFETY

6.1 Maximum number of Guests: 10 persons.
6.2 The Charterer must notify the Owner in advance of any children or persons requiring special assistance.
6.3 The Charterer is responsible for the conduct and supervision of all Guests.
6.4 All Guests must be medically and physically fit for a sea-going experience.
6.5 The Owner or Skipper may refuse boarding to any person considered unsafe, intoxicated, or unfit.

7. CREW AND AUTHORITY

7.1 The Vessel remains under the sole command of the Skipper at all times.
7.2 All Guests must comply with crew instructions and safety briefings.

8. SKIPPER’S AUTHORITY AND TERMINATION

8.1 The Skipper may terminate the Charter immediately without refund if:

safety is compromised;
Guests behave in a dangerous, abusive, or intoxicated manner;
this Agreement is breached.

8.2 In such event, the Vessel will return to the nearest safe port and all Guests will disembark.

9. DELAYS

9.1 Delays of up to two (2) hours due to operational or Force Majeure reasons shall not give rise to compensation.
9.2 The Owner will use reasonable endeavours to adjust the Charter duration where possible.

10. FORCE MAJEURE – CANCELLATION

10.1 If the Charter cannot proceed due to Force Majeure:

an alternative date will be offered; or
a full refund will be issued if rescheduling is not possible.

11. BERTHING AND ITINERARY

11.1 Routes may include destinations such as Cowes Harbour or other Solent locations, subject to conditions.
11.2 The Owner does not guarantee access to specific marinas, anchorages, or restaurants.

12. CANCELLATION BY CHARTERER

12.1 The deposit paid at the time of booking is non-refundable.

12.2 In the event of cancellation by the Charterer:

any payments due prior to cancellation shall be forfeited;
any payments made in advance for services not yet due shall be refunded.

12.3 If the Charterer fails to make any payment when due, the Owner may treat the booking as cancelled and retain all sums paid.

12.4 The Owner may, at its sole discretion, attempt to rebook the Charter. If the Charter is successfully rebooked, a refund (less reasonable administrative costs) may be made.

13. BREAKDOWN OR UNAVAILABILITY

13.1 If the Vessel becomes unavailable through no fault of the Charterer:

a pro rata refund; or
rescheduling will be offered.
13.2 No liability is accepted for travel costs, accommodation, or other incidental expenses.

14. USE OF THE VESSEL

14.1 Guests must:

comply with all laws and safety instructions;
behave responsibly and respectfully.

14.2 The following are prohibited:

illegal activities;
commercial filming without consent;
unsafe behaviour.

14.3 Additional rules:

No smoking on or near the Vessel
Soft-soled or no shoes only
Vaping only in designated areas
No red wine or staining substances unless agreed

14.4 The Charterer indemnifies the Owner against losses caused by Guests.

15. ALCOHOL POLICY

15.1 Alcohol may be brought onboard in moderation or provided as part of a package.
15.2 The Skipper has full discretion to limit or prohibit alcohol consumption.
15.3 Excessive intoxication will result in refusal of boarding or termination.

16. WATER ACTIVITIES

16.1 Swimming is permitted only:

at anchor;
with Skipper approval.

16.2 All water activities are undertaken at Guests’ own risk.

17. INSURANCE AND LIABILITY

17.1 The Vessel is insured in accordance with UK commercial charter requirements.
17.2 To the fullest extent permitted by law, the Owner is not liable for: