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 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 beprovided to myBoatshare.com prior to the commencement of each yacht use. 2.3 The yacht insurance covers the English Channel and the South Coast of England to Land End. The Channel Isles and The Isles of Scilly are not included without prior written agreement. 2.4 The yacht must not be taken East of Dover or West of Plymouth without prior written agreement. 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. 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 ordered not to do so by myBoatshare.com or its authorised representative. 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 logbook must at all times be maintained in order that it is up to date. 2.19 The yacht must be moored in Southampton water or Cowes harbour by 6pm on the evening prior scheduled return. 2.20 The yacht must be returned to Ocean Village marina and vacated by 9.30am on the day of return. 2.21 The yacht must be returned in a clean condition with all sails and gear correctly stowed. 3. Condition 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 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 (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 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 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 sundries or charges. Failure to do so may result in the yacht not being made available to the member and the loss of allocated time. 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’ monthly subscription being charged for each day or part day late. 4. myBoatshare.com 4.1 myBoatshare.com will make the yacht available to the member in a good and seaworthy condition. 4.2 myBoatshare.com will make the yacht available from Ocean Village Marina Southampton 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 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) 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. 6. Identity | |
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