19 April 2013
Time Bandit - Crew Agreement
YACHT: Time Bandit
DOCUMENTATION NO. _________________
VOYAGE FROM: ____¬¬___________________
STUART LETTON of (hereafter called the Skipper)
of (hereafter called the crew)
This agreement is designed to ensure that a clear understanding and legally binding contract exists between the crew and the Skipper and to anticipate and define any issues that might occur while aboard, both offshore at sea, coastal cruising and on land. It is designed to protect both the Skipper and those who join a Time Bandit cruise as crew.
To facilitate inquiries, should anything go wrong, a copy will be sent to the Skipper's representative before departure; and we suggest that you send a copy to someone you deem appropriate. It is wise to inform someone at home of your plans.
When something becomes predictable and absolutely safe, it ceases to be exciting or to be an adventure. Sailing, by its nature is not a risk free activity and does carry risks both known and unanticipated. Sailing is implicitly hazardous, and if we add to that an offshore and, or night passage, then the hazards are increased. This implies an inherent and intractable risk of injury or, in the extreme, death.
Anyone considering taking part in a Time Bandit trip needs to consider this very seriously and to take responsibility for their own participation. The offshore delivery trips take us well out to sea where we will be virtually, and in some conditions, wholly self-reliant. This is a fundamental and for most, a thoroughly enjoyable part of the experience.
We hope that joining one of our trips will give you a new and exciting experience, build your seamanship skills, broaden your horizons and increase your self-confidence such that one day, you can set sail on your own adventure. To achieve this with Time Bandit, you have to accept the risks involved.
Sailing on Time Bandit works best when all are considered equals. You will be consulted, when appropriate, as a part of decision making, but you must be also willing to share all work, difficulties and dangers. In completing this agreement YOU TAKE FULL RESPONSIBILITY FOR YOUR DECISION TO JOIN, and agree that you are willing to accept all that may come your way. There have been no inducements or promises or considerations that are not fully described in this agreement.
The Skipper hereby declares his belief that the boat is properly equipped and prepared for the planned voyage, and that he is fully competent to manage, alone or with crew. He invites the crew to test this statement in any way they wish - by their own inquiries and judgement, or with the help of others. When you sign this agreement you agree that you have fully investigated and found that the boat is properly equipped and that the Skipper is capable, fit and competent. You understand and agree that you must obey all lawful orders from the Skipper. In the unlikely event of the Skipper being incapacitated Anne Letton will assume the role of Skipper with all the authorities, responsibilities, waivers and indemnities detailed in this document.
MEDICAL AND COMMUNICATIONS DETAILS:
The boat has a well equipped medical kit, an EPIRB and both a VHF and long range SSB radio with which emergency help may be requested. However, you must take full responsibility for any current or past medical conditions that may recur, or any medical or health (including mental health) problems that may occur during or as a result of this trip. Make sure that you have ample medication for at least twice as long as the expected passage. You must inform the Skipper of any conditions that could affect safety at sea. Give details below of any known drug allergies, current conditions, conditions that might recur and current medication(s):
(mark "NONE" if none)_____________________________________
BOOKING AND PAYMENT
The Skipper and his agents reserve the right to decline any booking at their absolute discretion.
To make your booking a completed booking form, a signed copy of this contract and a non-refundable deposit of 25% of the price of the cruise are required. When the booking is made less than 45 days before the start of the cruise, payment for the full amount of the cost of the cruise is required with the booking. All payments are to be made online via PayPal. All monies are held in a client account until the start of your cruise.
Your deposit will be held on account of the full cost of the cruise. The balance is due 45 days prior to the start of your cruise. Responsibility lies with the individual making the booking to effect payment on time. If final payment is not received within 45 days of the cruise start date then in the absolute discretion of the Skipper the booking may lapse and the deposit forfeited.
The price includes the cost of food consumed onboard, berths and the cruise selected. Excluded is the cost of getting to and from the start and finish ports.
Cancellation of a booking must be notified by email to firstname.lastname@example.org and the effective date of cancellation is the date that the Skipper receives such notification. If you serve notice of cancellation or fail to pay the balance 45 days prior to departure, you will be liable to pay cancellation charges. The cancellation charges are calculated as follows:
No of days prior to voyage. Charge payable
More than 45 days Deposit (25%)
30 - 45 days 50% of cruise cost
21 - 30 days 80% of cruise cost
7 - 21 days 90 % of cruise cost
Less than 7 days 100% of cruise cost
If it is possible to fill any cancelled berths then all monies will be returned less a £25 administration fee.
In the unlikely event a cruise has to be cancelled by the Skipper you will receive prompt repayment of all monies paid but not any travel or other costs you may have incurred by advance booking. You are again advised to take holiday cancellation insurance.
Full, personal medical, travel and trip cancellation insurance is mandatory. Medical insurance may help save your life. Travel insurance should provide cover in the event of unforeseen events as described in this agreement.
On arrival on board Time Bandit you will be required to show the Skipper the following documents;
- Medical and travel insurance
- Return tickets from destination port or sufficient cash to purchase tickets.
Apart from spoiling your trip and making it harder for others aboard, seasickness can be uncomfortable, dangerous or in extreme cases even fatal. Unless you know, from extensive experience, that you will not be affected, you must have, and be willing to use, reputable seasickness treatment. This is your responsibility.
PASSPORTS, VISAS AND REPATRIATION:
When you enter another country you will need to have a passport and possibly a visa, and be able to prove you can get yourself out of the country (other than by yacht) to another country to which you have full right of entry. The simplest way is to have an air ticket, or to carry sufficient cash to cover one. Credit cards are of no use in some countries. You are responsible for this and you understand that you may be asked to furnish proof to the Skipper on boarding, and deposit with him your passport, air ticket or cash in lieu. You are personally responsible for compliance with the Customs and Immigration laws and requirements of any country that we might visit and by signing this agreement you are confirming that you know of no reason that would prevent you entering any such country.
Adverse weather, mechanical difficulties or other unforeseen issues with the yacht may mean that although the skipper will use his best endeavours the cruise may not start or end at the intended port or at the intended time. In such events, the skipper is not liable for any additional costs and for the avoidance of doubt this includes the costs of travel to the intended destination.
You understand that should you leave the yacht, for whatever reason, at a port other than that to which you had agreed in this agreement, you will be responsible for all your own travel and related costs. You also understand and agree that if you are asked to leave the yacht for reasons of inappropriate behavior, crew incompatibility, illness, or the inability to carry out required tasks, which, in Skipper's opinion, is prejudicing the safe operation of the yacht, you will also be responsible for all your own repatriation costs. However, in this event, the Skipper in his discretion and if appropriate will take reasonable measures to disembark you at a suitable port along the intended route, from which you can arrange your travel home.
Pets are not allowed on board and smoking is not permitted onboard, above or below deck.
Persons under the age of 18 must be accompanied by a responsible adult.
OFFSHORE DELIVERY TRIPS
Offshore delivery trips are priced on a shared cost basis. You agree that at any monies you pay towards such costs are not for any charter fee or passenger fee.
EMERGENCY CONTACT DETAILS
Please provide details of a person at home who should be the first point of contact if required.
First:________________________ Last: ___________________
Address 1: ___________________
Address 2: ___________________
City: ________________________ Land Line: ________________
Post Code: ___________________ Mobile: ___________________
I have completed the above details fully and honestly and have volunteered any further information I am aware of that may affect the safe enjoyment of the proposed voyage by all aboard. I will not carry any packages for any third party on the boat without first requesting permission from the skipper.
I will make myself familiar with the location and operation of all safety equipment aboard the boat. If there is anything happening aboard the boat about which I am uncomfortable, I will discuss it with those concerned or the Skipper. If the skipper is held responsible if I transgress local laws and customs, I agree to fully reimburse any cost incurred; and to compensate him for the time lost for every day of delay my action may cause. I take full responsibility for any requirements and cost relating to my entry to and exit from countries to be visited by the boat. I agree to share all work aboard, and obey all orders given to me relating to the safe conduct of the boat, at all times.
I acknowledge that my participation in this voyage entails known and unanticipated risks that could result in physical or emotional injury, death or damage to myself, to my property or to third parties. I understand that these risks cannot be eliminated. I expressly agree to accept and assume all of the risks associated with this voyage. My participation in this voyage is purely voluntary and I elect to participate in spite of the risks.
I confirm that I have adequate insurance to cover any injury, damage or loss I may cause or suffer in connection with this voyage and that I assume the risk of any medical or physical condition I may have.
I acknowledge that the skipper and/or any skipper he may appoint will not be liable by reason of breach of contract, negligence or otherwise for any loss or damage (whether direct, indirect or consequential) occasioned to any crew member aboard the yacht Time Bandit.
I further acknowledge that neither the skipper nor any substitute skipper will be liable for any personal injury or death suffered by any crew member aboard the yacht Time Bandit.
I shall hold harmless as against all consequences of my participation as a crew member aboard the yacht Time Bandit, the skipper and/or any substitute skipper.
This agreement shall be governed by the Laws and Courts of Scotland.
Dated this day of 201____.