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Re: Trip Report-LONG
[Re: bailau]
#181253
01/19/2019 04:56 PM
01/19/2019 04:56 PM
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Joined: Jul 2008
Posts: 3,003
sail445
Traveler
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Traveler
Joined: Jul 2008
Posts: 3,003
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as an FYI here is what the contract says that I sign about liability...Bareboaters are (and should IMHO) be more restricted. On my home turf in the states I go out at midnight all the time with my own boat. That must be awesome to sail the BVIs at midnight...I am jealous tpcook as it looks like BVI is your home turf
9.3
If you or your party cause damage or loss to the vessel, any ancillary equipment or to property belonging to a third party and such damage or loss is caused as a result of your gross negligence or such damage or loss is caused as a result of your gross negligence or reckless conduct you will be liable for the full extent of the loss suffered and our right to claim against you will not be limited or waived in any way by the payment of the security deposit or purchase of Yacht Damage Waiver. Acts that will be considered as gross negligence or reckless conduct will include, without limitation, sailing outside of defined sailing areas and/or hours, sailing the vessel under the influence of alcohol and/or drugs, not having sufficient crew in charge of the vessel at all times, not being in control of the vessel by means within the control of the Skipper.
9.8 In the event that we determine that accidental damage or loss was caused to the yacht and/or its contents during the period of your arrangements, you will be liable to us for all losses and damages incurred by us as a result up to the value of the security deposit left at the base. In the event that we determine that damage or loss was caused to the yacht and/or its contents during the period of your arrangements as a result of your gross negligence or reckless conduct, you will be liable to us for all losses and damages incurred by us as a result. In both instances we reserve the right to retain, where applicable, part or all of the relevant security deposit paid by you. We may use all or part of the damage deposit paid by you to repair any damage caused to the yacht or its contents during the period of your arrangements, including without limitation the costs involved in lifting the yacht for a full inspection to assess the damage to the yacht.
Of interest is also the repair guarantee which I must say through the years they have upheld for the most part
9.13 THE 4 HOUR GUARANTEE. The Company guarantees that if a breakdown of essential equipment occurs during your charter, we will complete a repair within four working hours of notification or you will be provided compensatory sailing time. To be covered under this guarantee, the yacht must be within a twenty mile radius of the Company’s base.
I laugh LOL at the clause 9.8 where it says “We determine”. I have sailed many times at night in both VI’s but only when there is a partial to full moon and definitely never when its pouring rain and cloud covered and when I do it’s between well marked harbors. Remember you lose depth of field in darkness so it pays to wait for daylight unless you’re doing an overnight passage. When it comes to charters they’re there for only a week and i can understand their frustrations
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