Terms and Conditions

    Payment & Fees:   If booking less than a full week charter, payment in full is due within 7 days of making the reservation

    or prior to commencement of charter if reservation is made less than 7 days before charter.  For full week and longer

    charters, a deposit of 50% is due within 7 days of booking your reservation. Payment must be made by check, money order,

    or wire transfer.  Final payment is due within 30 days of charter commencement.  For full week or longer charters that are

    booked within 30 days of charter commencement, payment in full is due within 7 days of making the reservation or prior to

    commencement of charter if reservation is made less than 7 days before charter.  If any installment of the Charter Fees

    are not paid on the due date, or within 7 days thereafter, Sail New England reserves the right to cancel the Agreement

    without prejudice to its rights in respect to any Charter Fees paid.

    Cancellation Policy:  If the Charterer must cancel, all moneys paid shall be forfeited unless the yacht is rebooked for

    the same dates and for the same rates as stipulated in this Agreement. Refunds will be in full or pro-rated according to

    the dates and rates rebooked, less a 25% commission.  If Sail New England must cancel, the Owner shall refund all moneys

    received directly to the Charterer.

    Delivery:   The Owner agrees to deliver the yacht to the port of boarding in full commission, in proper working order and

    ready for service. However, should it be impossible for the Owner to make delivery as stipulated through causes beyond his

    control, and should such delivery not be made within 36 hours thereafter, then this Agreement may be canceled by the

    Charterer and all moneys paid to the Owner in advance shall be returned to the Charterer without further liability to the Owner.

    Running Expenses: The charter fee includes all food and non-alcoholic beverages, and all expenses related to running of

    the yacht including fuel, water, and the use of advertised sports equipment on board. The charter fee is exclusive of special

    request charges such as dockage & mooring requested by the Charterer, rental of sports equipment not inventoried by

    Sail New England, all alcoholic beverages and mixes,  off yacht excursions or meals & drinks, telephone, and other similar

    expenses incurred by Charterer.  Any special services requested by the Charterer during their stay must be paid for in full

    prior to receiving said services.

    Accidents/Unforeseen Circumstances:   Should the yacht, during the period of this charter, be lost, stranded,

    or disabled by an accident, breakdown or other unforeseen circumstance, or unable to perform this charter because of fire,

    perils of the sea, or other unavoidable accident rendering her unfit for use or purpose of the charter, not brought about by

    an act or fault of the Charterer, the charter shall cease from the time thereof and neither of the parties shall then be liable

    for the loss, damage, expense or inconvenience resulting therefrom.  Should the yacht suffer a mechanical breakdown

    during the charter period which cannot be repaired within 36 consecutive hours of such occurrence, the Charterer may

    cancel the remainder of the unused portion of the charter and receive a full refund on a pro-rata basis.

    Severe Weather:  No warranty is made as to the suitability of weather with respect to this trip. In the event that the captain

    finds it necessary to cancel or terminate this charter for the safety of the yacht and passengers, the Owner agrees to offer the

    Charterer a credit for unused time toward a future charter on the same yacht, schedule permitting, to take place within one

    year from the date originally stipulated. Under no circumstances will a cash refund be provided for cancellation due to severe weather.

    Insurance:   Sail New England represents that the yacht is insured against fire, marine and collision risks, and with protection and

    indemnity coverage for the term of the charter.  The Charterer is hereby relieved and discharged from any and all liability for

    such loss or damage. In the event of any accident or disaster, the Charterer shall give the Owner or Captain immediate written

    notice of the same.

    Disclaimer: Sail New England and the insurance underwriters of the yacht accept no responsibility or liability for any injury

    suffered by the Charterer or any member of his party, specifically but not limiting the foregoing, any accident, injury, or

    death due to sailing, swimming, scuba diving, snorkeling, windsurfing, water-skiing and other related sports, or the operation

    of the yachts dinghy or outboard motor, whether or not equipment for such activities has been provided by the Owner or the

    Charterer, and regardless of whether such injury occurs onboard the Yacht or elsewhere.

    Authority:  Sail New England shall provide the yacht with a captain and crew appropriate for her size. For all sailing charters,

    Sail New England guarantees a crew of 2, but at the discretion of the captain, may bring on additional crew. The captain is competent

    in coastwise piloting and deep sea navigation, and holds an appropriate captain’s license. Further, the Captain shall handle

    normal running of the yacht and shall be responsible for the safe navigation of the same. It is agreed that the Charterer may

    determine the general movements, program and destination of the yacht within the limits of this Agreement, but it is

    understood that the Captain is in full command at all times and the Charterer shall abide by his judgment as to sailing,

    recreation, weather, anchorage, and all other matters that may affect the safety and well being of the passengers and yacht.  For

    all non-sailing charters, the captain or his representative will be aboard and per Coast Guard regulations, must remain at anchor

    if more than 6 guests are aboard.

    Charterer's Responsibility:   The Charterer agrees to be responsible for and to replace or make good any injury to the

    yacht, her furnishings or equipment, caused by himself or by any of his party through carelessness or neglect.   

    Drug Possessions/Unlawful Acts:   The use or possession of any illegal drugs (including marijuana), controlled

    substances or firearms and all other contraband will result in immediate termination of the charter without reimbursement. 

    The parties involved will be put ashore in at the nearest dock and will be held responsible for any loss or damage to the yacht

    due to any violation of applicable drug laws.  The United States Coast Guard mandates a "zero tolerance" policy regarding

    non-prescription drugs of any kind, and we are required to enforce this policy.

    Restricted Use:   The Charterer agrees that the yacht shall be used exclusively for pleasure purposes.  It is agreed and

    expressly understood that the Charterer is not the agent, servant or employee of the Owner in any way whatsoever, and

    that the Owner shall not be responsible for any injuries or damages caused by the Charterer or any member of the charter party.

    Children : Sail New England is always happy to have children on board. Please note however, that although we will spend

    many hours with the children doing “pull toys” etc. The crew are not babysitters.  

    Pets: Due to the nature of sailing and the comfort of our guests, we do not allow dogs, cats, or other animals on board.

    Smoking:  Smoking is not within the vessel.  Smoking will only be allowed in the "Sugar scoops" at the rear of the vessel.

    Food and Beverage  We will email you food, beverage and activity preference sheets. Please get together as a group and

    filled these out to be returned to us by approximately one month before your charter starts.

                                            Sail New England

                                     CREWED YACHT CHARTER AGREEMENT

                                                                        (sample)

SPECIFICATIONS
Yacht	endless pleasure	Charterer
Build	51’ Privilege Catamaran	Address
Captain/Crew	David Perron/Patti Perron	Email
Navigational Limits	New England waters	Phone
Boarding Date/Time		Boarding Port	Warwick, RI (customary)
Return Date/Time		Return Port	Warwick, RI (customary)
No.# Guests (not including crew)	(6 max sailing charter)	No.# Nights

Charter Fee		Deposit to confirm due within 7 days of making reservation
Balance due within 30 days prior to  commencement of charter
As is customary in the service industry, gratuities are discretionary and are not included in the charter fee.  As a guideline, between 15-20% of the charter fee is usual, depending on the level of service you feel you have received.

 

Agent	Sail New England	Phone	(603) 548-8194
Contact	David Perron	Fax	(603) 894-6629
Address	2 Edgewood Road Windham, New Hampshire  03087	Email	captaindave@sailnewengland.com

SPECIAL CONDITIONS

In addition to the Terms and Conditions listed herein, it is further agreed by the parties that: ·        For safety reasons, smoking is permitted in the aft sugar scoops while at anchor only .

TRAVEL INSURANCE
The purchase of trip health, accident, baggage and cancellation insurance is highly recommended.  We recommend   www.csatravelprotection.com   Please let us know if you are interested.
[     ]	NO, I am not interested in Travel Protection Insurance. I acknowledge that I have been offered, but choose to decline this coverage.	Charterer’s Initials

AGREEMENT
The Charterer acknowledges that he/she has read and understands the entire Agreement, including the Terms & Conditions listed herein. The Charterer warrants that his/her signature on this Agreement represents consent of all members of the charter party to be bound by the terms of this Agreement as if they had each individually signed same. To the true and faithful performance of the foregoing Agreement, the said parties bind themselves, their heirs, executors, administrators and assigns each to the other.  IN WITNESS WHEREOF, the parties have hereto set their hands.
Charterer		Date
Captain/ Owners Representative	__________________________  Captain David E. Perron	Date

         To book your summer 2008 charter on endless pleasure, email:

           captaindave@sailnewengland.com

                                or phone (603)548-8194