Terms and Conditions

TERMS AND CONDITIONS FOR CHARTER OF LUTINE YACHTS LIMITED'S S/Y "LUTINE"

You can contact Lutine Yachts Ltd at Lloyd's, 1 Lime Street, London EC3M 7HA, UK or by phone or email from the contacts page of the website

Charter of Lutine is subject to an individual charter agreement upon acceptance by Lutine Yachts Limited of your booking and upon the full fee being paid. The terms of such agreement are given below:
1. Charter and payment
1.1 The Company shall let on skippered charter and the Charterer shall hire the Yacht for the Charter Period for the Charter Fee.
1.2.1 The Deposit and Balance shall be paid to the Company as soon as possible after the date of acceptance of the booking by the Company. The Security Deposit shall be paid to the Company no later than the dates stipulated in the confirmation letter. All monies payable hereunder shall be deemed due on the date stated and shall be payable without further demand. In the event that any sums remain outstanding following their due dates, the Company will be entitled to cancel the charter without further notice, in which event all sums paid will be forfeited.

2 Security

2.1 The Company may retain and apply the Security Deposit in reduction or extinction of any liability of the Charterer to the Company.

2.2 Any retention pursuant to clause 2.1 shall not prejudice the right of the Company to recover any unsatisfied balance of such liability from the Charterer.

2.3 Subject as aforesaid, the Security Deposit or any balance remaining shall be returned to the Charterer within 14 days of completion of the charter or, in the event of a dispute, on determination of such dispute.

3. Company's obligations

3.1 The Company shall use all reasonable endeavours to embark the Charterer and his party at the Port of Embarkation at the start of the charter period and to ensure that the Yacht is in good and seaworthy condition.

3.2 In the event that the Yacht is unavailable due to damage, the Company agrees to advise the Charterer at the earliest opportunity and to endeavour to accommodate a replacement charter later during the relevant season. The Company shall have no liability to the Charterer in respect of the curtailment or cancellation of the charter, whether in respect of consequential or economic loss or loss of use or enjoyment or otherwise.

4. Insurance and liabilities

4.1 The Company undertakes to keep the Yacht and her equipment insured for her full value with third party damage cover of no less than £2,000,000.

4.2 The Charterer shall indemnify the Company in respect of any loss or damage to the Yacht or her equipment or any other expense or liability arising out of any act or omission of the Charterer or any member of his party which is not for any reason covered by the Yacht's insurance.

4.3 The Company shall have no liability for death or personal injury suffered by the Charterer or any member of his party unless caused by its negligence or wilful default.

4.4 In the event of major damage to the Yacht during the Charter Period involving a claim on the Yacht's insurance or in the event of a breakdown of gear or machinery rendering the Yacht unseaworthy and/or unusable, the Company will use reasonable endeavours to accommodate a replacement charter, equivalent to the unused portion of the Charter, later in the same season provided that neither the Charterer nor any member of his party caused or contributed to the damage or breakdown. The Company will face no other liability to the Charterer as a result of such non-availability of the Yacht, save in respect of death or personal injury caused by the negligence of the Company and/or those for whom it is responsible.

5. Charterer's obligations

5.1 If the Charterer fails to present himself for embarkation within 2 hours of the start of the Charter Period and has not by then notified the Company of his intention to embark later during the Charter Period, the Company may treat this Agreement as terminated without prejudice to its rights to recover any unpaid portion of the Charter Fee.

5.2 The Charterer shall not at any time during the Charter Period permit more than 14 persons less provision for the skipper and/or mate onboard the yacht. The Charterer shall in addition limit the number of persons onboard overnight to 8 persons less provision for the skipper and/or mate unless otherwise agreed with the Company. No animals will be allowed onboard the Yacht.

5.2 The Charterer shall pay all running expenses incurred during the Charter Period including but not limited to provisioning the boat, meals ashore, the provision of any catering or other staff on board the Yacht and any berthing or mooring costs incurred. To the extent that at the end of the charter any consumables have not been restored to their handover levels, the Charterer shall be liable to the Company for the cost thereof.

5.3 The Charterer shall neither use the Yacht for any purpose other than private pleasure cruising for himself, his crew and guests, nor race the Yacht without the prior written consent of the Company.

5.4 The Charterer shall, and shall ensure that all members of his party shall, observe all applicable rules, regulations and laws whether of customs, immigration, harbour or other authorities or otherwise.

5.5 The Charterer shall ensure that no member of his party shall in any way hinder the return of the Yacht to the Port of Disembarkation or such other place as may be agreed between the parties at the end of the Charter Period, in the same condition as on delivery (fair wear and tear excepted) and with her inventory complete. If the Charterer fails so to facilitate the return of the Yacht, he shall be liable for a sum equal to twice the applicable pro rata Charter Fee for every day or part thereof by which the Yacht's return is delayed unless such delay is caused by the operation of an insured peril or circumstances beyond the Charterer's control.

5.6 If the Charterer gives written notice to the Company more than 30 days before the start of the Charter Period of its withdrawal from the Charter, the Deposit Payment shall be forfeited.

5.7 If the Charterer gives written notice to the Company within 30 days of the start of the Charter Period of its withdrawal from the Charter, the Charterer shall remain fully liable for all payments due hereunder.

6. General

6.1 The Company's skipper shall have the right to restrict the cruising itinerary in the light of the experience of the Charterer and members of his party, and/or the actual or anticipated weather conditions.

6.2 Subject to the statutory rights of the Charterer if contracting as a consumer, the provisions of this Agreement shall exhaustively and exclusively govern the rights and obligations of the parties.

6.3 This Agreement is subject to English law and all differences or disputes of whatever nature arising out of this Agreement shall be referred to the jurisdiction of the English Courts.

6.4 No exercise or failure to exercise or delay in exercising any right, power or remedy vested in either party shall be deemed to be a waiver by that party of that or any other right, power or remedy.

6.5 In the event that any provision of this Agreement is held to be a violation of any applicable law, statute or regulation the same shall be deemed to be deleted and the Agreement shall remain in full force and effect as if such provision had not been contained herein.
 

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