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CLASSIC YACHT CHARTER AND TRAINING
BOWSPRIT SAIL ING LTD
B ILSHAM CROFT
B ILSHAM LANE
B ILSHAM
WEST SUSSEX BN18 0JX
T: 01243 587823
F : 01243 587823
M: 07795 480254
E: sk ipper@pol l y -agatha .co.uk
W: po l l y -agatha .co.uk
SPECIFICATION
TERMS & CONDITIONS
CREW LIST
QUOTATION REQUEST
CHARTER AGREEMENT
CONTENTS
Polly Agatha45 foot Bristol Channel Pilot Cutter Replica
A replica of the pilot cutter
Peggy, built in 1904 by
Rowles of Pill (Bristol), Polly
Agatha has all the charm of
a classic Edwardian Cutter
combined with a luxurious
modern interior and fitted
with the latest technology.
Her accommodation was
designed by Cockwells to
meet the particular
requirements of their client,
Bowsprit Sailing, making
her ideal for both charter
and sea school use.
She has 10 berths including
a luxuriously appointed
master cabin located in the
stern with an en-suite head
and shower. Her ample
deck space makes her ideal
for corporate charters.
classic stylecombined withmodern luxuryand the latest
technology
SPECIFICATION
SPECIFICATION
General arrangement plan
Deck plan
Polly Agatha45 foot Bristol Channel Pilot Cutter Replica: plans
Side elevation
0 1 2 3meters
0 2 4 6 8 10feet
Principal dimensions
Length on deck13.72m 45’
Length waterline12.19m 40’12.19m 40’
Beam (max)4.11m 13’6”
Design Draft2.29m 7’6”
Displacement22 tonnes
“A labour of lovefor Dave Cockwell
has produced a luxurious
charter boat andsuperb training
and entertainingvessel”
Classic Boat August 2008
SPECIFICATION
Principal dimensions
Length on deck13.72m 45’
Length waterline12.19m 40’
Beam (max)4.11m 13’6”
Design Draft2.29m 7’6”
Displacement22 tonnes
Accommodation
The owners have selected a
modern and luxurious
interior using solid English
oak.
There is a large, beautifully
appointed master cabin
located aft with an en-suite
head and shower. The
double berth incorporates a
marine pocket-sprung
mattress. Other features
include a dressing table,
fitted cupboards and a
central skylight.
In the bow, there is a
traditional head and a
forward cabin with two
berths plus two extra
occasional berths.
The well-appointed saloon
amidships has comfortable
seating and incorporates an
additional 4 berths
(providing 10 berths in
total).
The galley is to port and is
equipped with a double
sink, diesel cooker and
fridge. To starboard, a
sizeable pilot and navigation
station provides generous
space for charts and
instrumentation.
Construction
For the most part, the
structural integrity of hull
and deck is replicated from
the original boat with the
same construction
techniques being used.
The exceptions to this are
the use of bronze fastenings
in place of iron, and the
construction of the deck
which improved on the
strength, stiffness and
durability of the original
build by being formed from
two layers of marine
plywood sheathed in epoxy
and glass, overlaid with 1/2”
by 3” teak planking.
The keel is in opepe and
frames are in oak with larch
planking, all fastened with
bronze screws.
Machinery and Systems
Main engine: 75 HP
Catapillar PRM Gearbox 2:1
with Teleflex / Vetus
ancillaries, including a
standard three-blade
propeller.
Bow Thruster: Willdo
hydraulic bow thruster with
deck wash facility.
Fuel System: Two 150 litre
fuel tanks in stainless steel
each with their own filler
and supply line. Digital level
sensors and deck filler
gauges.
Water System: A 450 litre
capacity water tank in
stainless steel. Digital level
sensor and deck filler
gauge. Pressurised hot and
cold fresh water system
throughout the boat with
sea water galley pump.
A black water system
incorporating a 61 litre tank
with pump-out facility.
Electrical systems
12-volt system with
batteries arranged for
engine start and domestic
supply to customer’s
requirements (390 Ah),
there is a Max Power Fuel
Cell. Bespoke main electrical
panel.
Domestic lighting is LED
throughout the vessel with
LED night lighting.
Navigation Equipment
Raymarine sailing package
including two E series
displays, She also has an
Echopilot forward-facing
sonar, McMurdo Navtex,
Comar AIS unit and SeeMe
Radar reflector.
Rig
All wood spars from Nobel
Spars with galvanized
fittings. Galvanized steel
wire standing rigging with
dead eyes in elm and
traditional wooden blocks in
ash.
SKB Terylene sails – main,
staysail, jib, topsail.
Navy Flex running rigging.
Appledore reefing for
mainsail, Wykeham Martin
roller furling for headsail.
Details for charter
For Information on charter
and sea school contact Kim
Hartley on 07795480254 or
visit www.polly-agatha.com.
Polly Agathaspecification: 45 foot Bristol Channel Pilot Cutter Replica
“This new pilotcutter is a sheerdelight to sail
and deceptivelyfast to boot”
Yachting World August 2008
S O U T H W E S T S H I P YA R D
P O N S H A R D E N
F A L M O U T H T R 1 1 2 S E
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TERMS & CONDITIONS
1. Introduction
2. Booking of your charter
3. Payment of charter fees
4. Security deposit
5. Cancellation fee
6. Changes to your booking
7. BSL’s rights and obligations
8. Insurance and liabilities
9. Handover / Handback
10. Health and safety
11. Age limit
12. The yacht and personal gear
13. Charterer’s and members of their party -
Obligations and agreements
14. Force majeure
15. General
16. Law
TERMS & CONDITIONS
5. Cancellation fee
5.1 In the event that BSL is notified of a cancellation either inwriting or verbally, then the cancellation charges will becomeeffective.
5.2 Any cancellation made less than 30 days prior to thecommencement of the charter period then the charterer will beliable for 100% of the charter fee.
5.3 Any cancellation made more than 30 days prior to thecommencement of the charter period then the charterer will forfeit
their deposit.
6. Changes to your booking
6.1 Should you wish at any time to alter your booking, BSL will tryto make the necessary changes, but cannot guarantee to do so.
6.2 You may, at our discretion, transfer your booking to anotherperson by written request up to 30 days before commencement ofthe charter. Your request should be accompanied by a completednew charter agreement from the person to whom the charter maybe transferred to.
6.3 An amendment fee of £100.00 will be charged and mustaccompany the new charter agreement.
6.4 All conditions which were applicable to our acceptance of yourbooking will still apply.
6.5 You may, subject to availability and at our discretion, requesta transfer of your booking to another date by written request, nolater than 30 days before commencement of your original charterperiod.
7. Obligations of Bowsprit Sailing Ltd
7.1 BSL shall provide a yacht to the charterer in a sound andseaworthy condition and appropriately certified for the area ofoperations.
7.2 BSL will use all reasonable endeavours to deliver the yacht tothe charterer in accordance with 7.1, however, in the unlikely eventthat BSL is unable to, BSL’s liability shall be limited to the return ofa full refund within seven days.
7.3 BSL will have no further liability to the charterer in respect ofconsequential or economic loss, loss of profit/savings or loss ofuse or enjoyment, what ever the nature.
7.4 BSL shall have the right to restrict the cruising limits of thecharter in light of the experience of the charterer and members oftheir party and/or the actual or anticipated weather conditions.
7.5 Should it come to the attention of BSL that the charterer islikely to commit a serious breach of any of the terms andconditions, BSL may forthwith take possession of the yachtwherever it may be. BSL in these circumstances has no liability forthe unexpired part of the charter.
7.6 The skipper’s decision is final.
1. Introduction
1.1 These terms and conditions, together with the information andprices setout in our associated promotional literature andapplicable charter agreement will form part of your booking withBowsprit Sailing Ltd (‘BSL’).
1.2 Any reference made to BSL will be deemed to also include itsskippers, mates, hosts, deck hands and agents.
2. Booking of your charter
2.1 Your charter will only be effective upon confirmation by BSLfollowing the return of your charter agreement and receipt of theappropriate charter fees.
2.2 By entering into an agreement with BSL the charterer andmembers of their party will be confirming acceptance of all theterms and conditions. This will form the basis of the contractualrelationship.
2.3 The charterer takes full responsibility for the accuracy of allinformation provided by the charter and members of their party toBSL, either reduced to writing or provided verbally.
3. Payment of charterfees
3.1 A deposit payment of 30%of the total charter fee will berequired at the time ofreturning the charteragreement to BSL.
3.2 The balance of the charterfee becomes due and payable30 days prior to thecommencement of yourcharter. In the unlikely eventthat the balance of yourcharter booking is notreceived by the due date, BSL
may cancel the charter without notice and the cancellation chargesas set out will apply.
3.3 Where a booking has been made within 30 days from theproposed start of your charter, payment in full is required with thereturn of your charter agreement.
3.4 Payments can be made either by cash, cheques, or direct viaon-line banking transfer in the bank account of BSL. A paymentwill only be considered to be made once the appropriate fundshave cleared into the bank account of BSL.
3.5 In the event that any funds do not clear into the bank accountof BSL, the contract is automatically cancelled.
4. Security deposit
4.1 A security deposit must be paid to BSL prior to commencementof your charter, unless specifically waived by BSL.
4.2 The security deposit is held to cover, any liabilities incurred bythe charterer and any member of their party during the course ofthe charter, the costs of repairing any loss or damage to the yachtduring the course of the charter and any liability arising fromdamage caused to third party property.
4.3 The security deposit as specified above, or any balance thereofshall be returned to the charterer within 14 days after theconclusion of the charter period, unless applied pursuant to clause4.2 above.
Terms & ConditionsPage 2
Terms & Conditions
10. Health and safety
10.1 Sailing can be a dangerous activity and requires an adequatelevel of fitness and good health. It is the charterer’s and membersof their party responsibility to advise BSL of any medicalinformation which may affect your/their ability to sail, irrespectiveof how minor the condition.
10.2 If any member of the party suffer from any medical condition,have any allergies or take any medication BSL must be advised atthe time of the booking.
10.3 Failure to comply with clause 10.1 and 10.2 will negate yourrights to instigate a course of action or follow on proceedingsagainst BSL.
10.4 Sailing can be a dangerous activity and there have been fatalaccidents on the water. All reasonable care will be taken by theBSL. Further the charterer and members of their party warrantsthat they have the necessary experience to be aboard.
10.5 In the event of severe weather being forecast for the durationof the proposed charter an alternative date can be re-scheduledsubject to availability within six months. Refunds are not given inthe case of severe weather. In the event of bad weather occurringduring a charter period no compensation can be offered.
11. Age limit
11.1 Our yacht isg e n e r a l l yc o n s i d e r e dunsuitable forsmall children.Persons under theage of 18 mayonly be includedin a charterer’sparty at ourdiscretion andonly ifaccompanied andsupervised bytheir parent orguardian at alltimes.
12. The yacht and personal gear
12.1 Space on board is limited, please ask for advice and followinstructions given on content and amount of personal gear. Ourskippers may limit the nature or amount of personal gear that youbring on board.
12.2 Personal gear is taken on board at your own risk and BSL doesnot accept any responsibility for lost, damaged or stolen items.
12.3 It is ultimately the charterer and members of their party whoare responsible to wear the appropriate warm clothing and wetweather gear as conditions determine. Flat non marking foot wearis to be worn at all time during the charter period.
8. Insurance and liabilities
8.1 BSL shall ensure that the yacht and her equipment are at alltimes insured for their full value with third party liability of no lessthan £3,000,000 and subject to a policy excess of no greater thanthe security deposit.
8.2 The charterer shall indemnify BSL for any loss or damage to theyacht or her equipment or any expense or liability arising out ofany wrongful act or omission of the charterer and members oftheir party which is not for any reason covered by the yachtsinsurance.
8.3 BSL shall have no liability for death or personal injury sufferedby the charterer, his servants, agents or any member of his partysave where caused by BSL’s proven negligence or willful default.Save where otherwise provided in these charter terms, and to thefullest extent permitted by law, BSL shall have no liability to thecharterer and members of their party in respect of consequentialloss, economic loss, loss of profit/saving, loss of use and/or lossof enjoyment.
8.4 The charterer shall neither take the yacht outside the cruisinglimits and nor do any act that may invalidate the yacht’s insuranceor prejudice BSL’s right to claim there under.
8.5 In the event of damage to or failure of the yacht, her machineryor equipment, or any damage or injury involving a third party ormember of the charter’s party, the charterer shall as soon asreasonably practicable report such occurrence to BSL and shallcomply with any reasonable instructions in that regard.
8.6 In the event of major damage to the yacht during the charterperiod which might involve a claim on the yacht’s insurance or inthe event of breakdown of machinery or equipment rendering theyacht unseaworthy and/or unusable for more than 36 hours, apro-rata refund will be made for the period during which the yachtwas unseaworthy or unusable provided that neither the charterer,his servants or agents nor any member of his party caused orcontributed to the damage or breakdown and provided also thatBSL shall not be liable to the charterer or any member of their partyfor any other compensation for losses arising out of damage orbreakdown whether in respect of consequential or financial loss orotherwise, provided that the foregoing shall not limit or excludeany claim or loss arising out of death or injury resulting fromproven negligence on the part of BSL.
9. Handover / Handback
9.1 At the beginning and end of the charter period, inventorychecks will need to be carried out. It is the responsibility of thecharterer and members of their party to ensure that the yacht’sinventory at the end is the same as it was at the beginning of thecharter. The charterer will be liable for any discrepancy.
Terms & ConditionsPage 3
Terms & ConditionsTERMS & CONDITIONS
TERMS & CONDITIONS
14. Force majeure
14.1 Means unforeseeable and unusual circumstances beyond ourcontrol, the consequences of which could not have been avoidedeven if all due care had been exercised. Such circumstances orevents include (but are not limited to) war, or threat of war, riot,civil strife, industrial dispute, unavoidable technical problems withtransport, closure or congestion of airports, terrorist activity,natural or nuclear disaster, fire or adverse weather conditions.
15. General
15.1 The charterer shall not be entitled in any circumstanceswhatsoever to assign the benefits of this agreement to any thirdparty and shall remain liable notwithstanding any purportedassignment made by him/her.
15.2 No action taken by BSL or any failure to act, or time allowedto the charterer or any other failure by BSL to insist upon andenforce its strict legal rights shall constitute a waiver of any of theprovisions of this agreement which shall remain in full force andeffect.
16. Law
16.1 Subject to the terms of the Unfair Contract Term Act 1977and save to the extent that such liability may not be lawfullyexcluded to or qualified by reference to contract term or otherwisein no circumstances whatsoever does BSL accept any liability forany damage, loss, cost, claims or expenses howsoever causedother than death or personal injury caused by proven negligenceof BSL or its employees.
16.2 This agreement shall be construed in accordance with Englishlaw and the parties hereby submit to the exclusive jurisdiction ifthe English Courts, Tribunals and formal arenas.
16.3 Any and all differences or disputes whatever the naturearising out of the charter shall be refereed to a sole Arbitrator tobe appointed by the President for the time being of the LondonMaritime Arbitrators Association. The provisions of the ArbitratorsActs 1950 and 1979 and any statutory modification thereof shallapply to any arbitration.
13. Charterer’s and members of their party –Obligations and agreements
13.1 The information supplied by the charterer and member oftheir party is accurate, complete and not misleading.
13.2 Not to take the vessel outside the cruising area specified incharter agreement.
13.3 Not to use the vessel for racing without prior written consentof BSL and payment of additional racing premiums.
13.4 Not to carry animals, plants or other restricted items.
13.5 Not to carry any other crew other than those specified incharter agreement and crew list.
13.6 To secure all equipment on board at all times.
13.7 Not to leave the vessel unattended at any time whilst atanchor.
13.8 To ensure the vessel is securely locked and immobilisedwhilst at port and that all loose deck equipment is stored below.
13.9 In the event of the vessel being involved in a collision with athird party that results in damage occurring, not to admit anyliability to any person and to record the incident promptly andfully, including the name of the other vessels, skipper, yacht type,positions, time, date, estimated speeds, wind strength anddirection, tide direction and depth of water and details ofwitnesses.
13.10 To report to BSL as soon as practicable any mechanicalfailure, not to commence repair work without the consent of BSLand to use every endeavour to minimise any damage withoutendangering the lives of the crew of vessel.
13.11 Not to do or omit to do any action or thing whereby thevessel may become liable to arrest or detainment.
13.12 Not to bring onboard any restricted or illegal goodswhatsoever, such as drugs, firearms or explosives.
13.13 To sail the vessel using skill, judgment, common sense andrequirements of good seamanship, bearing in mind the necessityto return the vessel on the return date and time as per the charteragreement.
13.14 To maintain an accurate ships log as required by law
13.15To comply at all times with all applicable laws, bye laws andregulations relating in anyway to the charter, the vessel and it’sequipment and with all orders and directions given or made by anyperson with any authority on their behalf.
Terms & ConditionsPage 4
Terms & Conditions
CREW LIST Crew Name
Name Telephone / Mobile
Yachting Experierce/Qualifi cations Email
Medication/Medical Conditions Emergency Shoreside Contact No.
Address
Wet Weather gear:
Small Medium Large
Name Telephone / Mobile
Yachting Experierce/Qualifi cations Email
Medication/Medical Conditions Emergency Shoreside Contact No.
Address
Wet Weather gear:
Small Medium Large
Name Telephone / Mobile
Yachting Experierce/Qualifi cations Email
Medication/Medical Conditions Emergency Shoreside Contact No.
Address
Wet Weather gear:
Small Medium Large
Charter Information
Personal Information
QUOTATION REQUEST
Title Telephone (Daytime)
Forename Telephone (Evening)
Surname Email
Address
Preferred cruising area
Port of departure
Port of return
Preferred charter dates
Preferred charter period (please tick) Weekend Midweek Week Other
General level of sailing experience / RYA Qualifi cations
Number in Charter’s party (maximum of 8 overnight, 12 for daysail)
Do you require accommodation ashore? Yes No
Please indicate a time convenient to you when we can contact you with our quotation and to discuss your charter needs futher.
CHARTER AGREEMENT
Title Telephone (Daytime)
Name Telephone (Evening)
Company Name (if applicable) Email
Address
Charter Details
Preferred cruising area - preferred itinerary (subject to sea and weather conditions)
Port of departure Port of return
-
Charter Period From Date
To Date
Charter Party
Name Age Sailing experience/RYA Qualifi cations
Hours
Hours / /
/ /
CHARTER AGREEMENT - Continued
Asymmetric Sail & Tops’l (at no additional charge, are always on board and will be fl own subject to skipper’s decision)
Mooring fees, diesel fuel and cooking diesel for the charter period (at no additional charge)
Dinghy, outboard and fuel for the charter period (at no additional charge)
Agreed total charter fee (invoiced attached)
Deposit required (30%, returned with this agreement)
Balance payment (70%) Due
Security deposit
Agreement
This agreement is between Bowsprit Sailing Ltd (‘BSL’) and the above named charterer. I confi rm that the information provided
in the Charter Agreement is correct and that I am authorised by all persons included in this booking form to do so. Further, I have
read and accepted the terms and conditions which accompany and form part of this Charter Agreement.
Name
For and behalf of
Date
Signature:
/ /
