Yacht Damage Waiver and security deposits

Yacht Damage Waiver and security deposits

For all our charters, you’ll be required to provide cover against accidental damage or loss to the vessel and ancillary equipment and either purchase Yacht Damage Waiver upfront or pay a higher security deposit at the base as further detailed below. 

It is compulsory to purchase the Yacht Damage Waiver if you hire a skipper, but Sunsail strongly recommend adding the Yacht Damage Waiver to any booking, to protect yourself and reduce your costs and liabilities.

In the event you or your party cause damage or loss to the vessel (however caused) or to property belonging to a third party, you’ll be liable for the damage up to the value of the security deposit paid at the base, except in the case of gross negligence as defined below.

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 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 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 and not being in control of the vessel by means within the control of the skipper. 

During the booking process you will be provided with the option of either purchasing Yacht Damage Waiver or paying a higher security deposit at the base as set out below. You will not be able to proceed with your booking unless you agree to one of the options. By asking us to confirm your booking you are agreeing to comply with the content of this section and make any required payment.

Option 1: Yacht Damage Waiver

If you choose to purchase the Yacht Damage Waiver this will be added to your booking. We’ll provide you with the cost of purchasing the Yacht Damage Waiver during the booking process, and this will be added to your overall holiday cost. In addition, you will be expected to pay a sum of between £500 and £3,790, depending on the size of your boat, as damage deposit upon arrival at the yacht base. The damage deposit will be taken prior to embarkation and if you don’t pay we reserve the right to cancel your booking without further liability and without any right to a refund and you will not be entitled to continue with the charter.

Option 2: Security deposit

If you choose to pay a security deposit only, you’ll be asked to pay a sum of between £2,000 and £7,575, depending on the size of your boat, as a security deposit upon arrival at the yacht base. The security deposit will be taken prior to embarkation and if you do not pay we reserve the right to cancel your booking without further liability and without any right to a refund and you will not be entitled to continue with the charter. 

The security deposit payable under Option 1 and Option 2 can be paid in cash, by debit card or credit card (please note that a 2 percent charge is payable for credit card transactions).

The security deposit paid under either Option 1 or Option 2 will be used as security for any loss or damages suffered by the company as a result of any breach by you of these booking conditions and any damage caused to the yacht or its contents during the period of your arrangements. You cannot apply or deduct any portion of the damage deposit from the final balance payable for your travel arrangements. You will be asked to sign a form before embarkation confirming that you fully understand your obligations in the event of any loss or damage to the vessel, ancillary equipment or third party property.

On return of the yacht to the base following the charter period and following inspection of the yacht by our base staff, in the event that we are satisfied that there is no apparent damage to the yacht on its return from you, our base staff shall, where applicable, refund the relevant security deposit paid by you (please note that Option 1 pre-paid monies will not be refunded) to you as soon as reasonably possible.

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.

Retention of the security deposit will not in any way limit or prejudice any claim which we may have over and above the sum of the security deposit paid by you where the loss or damage was caused or contributed to by your gross negligence or reckless conduct and in these circumstances you will remain liable to us for the balance of any such losses or damages incurred by us over and above the sum of the damage deposit paid by you.

In the event that the losses or damages suffered by us as a result of any breach by you of these booking conditions and any damage caused to the yacht or its contents during the period of your arrangements is less than the relevant damage deposit/security deposit paid by you, we shall refund, as relevant, part of the security deposit paid by you to you as soon as reasonably possible after the damage has been repaired or the repair costs have been ascertained. In the event of any disagreement over damage or loss, we shall retain the relevant security deposit paid by you until the matter is resolved. Please note that if loss or damage caused by your gross negligence or reckless conduct is in excess of the level of the damage deposit we reserve the right to pursue a claim against you for the full extent of our loss.

If you want more information about our Yacht Damage Waiver or security deposits, please call 02392 222 333.

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