Membership - myBoatshare.com

Rules and Conditions of Membership – myBoatshare.com

We want you to enjoy your time on the water, the following are intended to help us achieve this and to be fair to all.

1 Definitions

“the Skipper” Is the person in command of the Yacht. Unless otherwise agreed in writing this will be the myBoatshare.com member.

“the Yacht” Is any vessel sail or power provided directly or indirectly by myBoatshare.com in the supply of their obligations.

2. The Yacht

2.1 The yacht will at all times be under the command of the myBoatshare.com member the “skipper”.

2.2 The yacht’s crew list and anticipated passage plan must be provided to myBoatshare.com prior to the commencement of each yacht use.

2.3 The yacht insurance covers the yachts’ defined area of operation from its home base. For yachts based in the English Channel this is the English Channel and the South Coast of England to Lands End. The Channel Isles and The Isles of Scilly are not included without prior written agreement.

2.4 The yacht must not be taken outside of the defined area of operation for the yachts home base without prior written agreement. For yachts based in the Solent this is East of Dover or West of Plymouth.

2.5 The yacht must at all times be sailed with skill, judgement, common sense and the application of good seamanship.

2.6 The yacht must at all times be used in accordance with all applicable legislation including but not restricted to IRPCS (Collision Regulation), National, and Local Laws, Bye-Laws and harbour or marina rules; and comply with the orders and directions given or made by any person or authority empowered in such respect.

2.7 The yacht must not do or omit to do any action or thing whereby the yacht may become liable to arrest or detainment.

2.8 The yacht must not be used for racing, except as may be agreed in writing between the Member and myBoatshare.com.

2.9 The yacht must not be sailed single-handed between the hours of sunset and sunrise (local time).

2.10 The yacht may be sailed single-handed between sunrise and sunset, by a competent person, up to a maximum of 40 nautical miles in any one day.

2.11 The yacht must not be sailed more than 40 nautical miles per day unless crewed by at least two people of adequate physical strength, at least one of whom is competent to be in command.

2.12 The yacht must not leave its mooring if
a) Ordered not to do so by myBoatshare.com or its authorised representative.
b) The Met Office forecast is for weather conditions in excess of gale force 7 (Unless specifically authorised to do so by myBoatshare.com or its authorised representative, or on the reasonable judgement of the skipper it is the most appropriate action for the yacht to take for the safety of the crew or yacht).

2.13 The yacht will proceed as directed by myBoatshare.com or its authorised representative, provided always that it would not be unsafe to do so.

2.14 The yacht must not leave its mooring or harbour if the Skipper or if any member of the crew is under the influence of alcohol or other substance (defined as the same as would be considered an offence to drive a car in England).

2.15 The yacht must at no time have brought on board restricted or illegal goods or persons of any kind.

2.16 The yacht must always be left securely locked and immobilised whilst moored or in port, with all loose deck equipment stowed below.

2.17 The yacht’s dinghy and outboard when not in use must at all time be secured.

2.18 The yacht’s members arriving and departing log must at all times be maintained in order that it is up to date.

2.19 The yacht must be moored locally to its home base harbour by 6pm on the evening prior to its scheduled return.

2.20 The yacht must be returned to its home base marina and vacated by 8.00am on the day of return.

2.21 The yacht must be returned in a clean condition with all sail, warps, ropes and gear correctly stowed.

2.22 If required the member will rig or bag sails as appropriate, and with the application of good seamanship.


3. Bookings and Damage

3.1 The skipper must report as soon as reasonably practical and appropriate any matters or items of concern with regards to the yacht, its fittings or equipment; noting same in the yachts defect book.

3.2 myBoatshare.com will maintain at their expense insurance on the yacht, and make a copy of the policy and certificate available to the member on request.

The member is responsible for the costs incurred as a result of damage or loss up to the amount of the excess on the insurance policy.

3.3 In the event of the yacht or crew being involved in a collision or other incident with a third party, or object (be the identity known or not), and irrespective of whether there is damage or not, no admission of liability may be made. The full details of the incident must be recorded promptly and in full, including, but not exclusively, the name of any other vessel, skipper, boat type, position, date, time, estimated speeds, wind strength and direction, tide direction and speed, depth of water, details of any witnesses, and wherever possible photographs. Details of the attendance of any services such as RNLI, Police, Harbour Master, Coastguard or others must also be recorded, including officials name and/or number and home station.

3.4 Subsequent to any incident the myBoatshare.com member must promptly complete such documentation as may be required by the insurance companies, authorities or other appropriate body, and comply or attend as might reasonably be expected in the settlement of any subsequent claim or action.

3.5 Any incident must be reported immediately to myBoatshare.com.

3.6 No pets or other animals are permitted on board the yacht.

3.7 The myBoatshare.com member is responsible for all mooring fees, water taxis, levies or harbour dues, or other charges incurred whilst using the yacht.

3.8 The myBoatshare.com member must pay their membership charges as detailed and in accordance with their individual contract; including the settlement of their account for any fuel or other charges. Failure to do so may result in
a) The yacht not being made available to the member and the loss of allocated time.
b) The deletion of some or all of any booked days held by the member, without notice to the member.

3.9 The myBoatshare.com member must return the yacht by the agreed time, failure to do so will result in a penalty charge equal to the members’ full (exclusive of any discount) monthly subscription being charged for each day or part day late.

3.10 Booking is by boat class – members may book and sail any boat in their membership class; and at the discretion of myBoatshare.com and subject to such conditions as may apply, may be permitted to up-grade a membership class.

3.11 Members may hold up to 25 days forward bookings on the scheduler at any time, including a maximum of 7 weekend Days.
Consecutive weekends (full or part) cannot be booked forward without reference to myBoatshare.com Booking Admin. Consecutive weekends may be booked if the follow on weekend, is available on the scheduler after noon on the Monday prior to the second weekend.
A weekend Day is a single Saturday or Sunday or Bank Holiday Monday

A member booking on the scheduler more than the permitted number of days may have all or some of their booked days removed without notice.

3.12 The maximum length booking, unless authorised by Booking Admin is 7 days; unless otherwise provided in an Owner Member Agreement when, if prescribed, the maximum length booking can be up to14 days outside of school holiday dates as defined by myBoatshare.com.
3.13 The myBoatshare.com school holiday period will normally commence on the Friday of the week before the first of the State schools in England and Wales break up and run to the Monday after the last return.
3.14 Any future booking made on the booking scheduler by a member beyond their required notice period (and held for over 24 hours), even if it is subsequently cancelled, is a commitment by the member to remain a member until at least the month of the future booking.
3.15 Any notice period runs from the 1st of the month and cannot be given retrospectively.
3.16 Days can only be borrowed from a month either side of the month in which they are required, but cannot be “rolled up” or carried back.”


4. myBoatshare.com

4.1
4.1.1 myBoatshare.com will make the yacht available to the member in a good and seaworthy condition.
4.1.2 myBoatshare.com may monitor the location or action of the yacht by electronic or other means, but is not obliged to take any action with this information.

4.2 myBoatshare.com will make the yacht available from its home base marina or as otherwise agreed.

4.3 myBoatshare.com will pay all the costs associated with :

4.4
4.4.1 Mooring fees when the yacht is not in use by a myBoatshare.com member, or is in use by a member on its UK mainland home base Marina mooring.
4.4.2 Maintenance of the yacht and engine
4.4.3 Antifouling
4.4.4 Sail cleaning
4.4.5 Servicing
4.4.6 Insurance for the designated area of operation
4.4.7 Sea Start breakdown service subscription
4.4.8 Updating of navigation charts and books
4.4.9 Cleaning materials
4.4.10 Cooking gas (up to 6Kg per a week)
4.4.11 Diesel (up to 50 litres per a season) sailing yachts only

4.5 myBoatshare.com will use their best endeavours to make the yacht available at the required time. If exceptionally unavailable for use, myBoatshare.com will refund pro-rata for the time lost at the member’s subscription rate, or if available offer alternative use or vessel.

4.6 myBoatshare.com reserve the right upon giving notice, to amend the Rules and Conditions of membership as appropriate and reasonable in the circumstances.


5. Jurisdiction

These rules are subject to English Law.

In the event that a Court should remove any clause(s) from these Rules and Conditions, all others clauses shall remain binding.

Version 10.4 – Issued and effective 1st January 2010

6. Identity

myBoatshare.com is a trading identity of myBoatshare.com Ltd
Company Number 7043134 registered office Suite 36 Scott-Paine Drive, Hythe, Southampton. SO45 6JB