Wight Charter ..... from Bembridge on the Isle of Wight & The Solent
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Wight Charter Terms and Conditions of charter

Definitions
In these terms and conditions, the following terms shall have the following meanings
Client: the person or persons requesting and authorising the charter
Passengers: the client and the persons identified by the client and the Skipper who will use the boat during the charter.
Crew: any person or persons, other than a passenger or the Skipper, appointed by Wight Charter to man the boat during the charter period.
Charter: the hiring of the boat from Wight Charter for the charter period, subject always to these conditions.
Boat: the boat subject to the charter.
Skipper: the person appointed by Wight Charter to be in charge of the boat at all times during the charter.
Weather: the weather conditions relevant to the charter period and the course.
Damage: any and all loss of and / or damage to the boat or any part of it, any fixtures and fittings (whether permanent or temporary) on or associated with the boat.
Put to sea: when the boat has ceased to be attached to any quay, jetty or buoy or has weighed anchor.
Including: including, but without being limited to.

In these conditions, as the context requires: the singular includes the plural (and vice versa). Headings are for ease of reference and shall not form part of these conditions.

General agreement
The client shall charter the boat, and Wight Charter shall make the boat available, for the charter period.
The Client shall identify passengers to Skipper before the charter period commences and, in any event, before passengers board the boat.
Under no circumstances will the boat put to sea with more people aboard than the maximum number provided for and agreed upon. The Skipper has absolute authority to refuse to put to sea if he knows or believes that this condition will be breached if he puts to sea.

Authority
The Skipper has absolute authority on the boat.
Passengers shall follow all instructions given by Skipper.
If passengers, or any of them, refuse to carry out Skipper’s instructions or are incapable of doing so for whatever reason, then the Skipper shall have total discretion as to his actions, including summarily terminating the charter by putting into the closest available port and requiring passengers, or any of them, to leave the boat.
The Skipper, crew, passengers and boat are subject at all times to law. If any authority requires the Skipper to handle the boat in any particular manner or to take the boat to any particular place, then the Skipper or crew shall be free to comply and passengers shall have no recourse against the Skipper, crew or Wight Charter as a result.
If the Skipper is unable to exercise this authority, it may be delegated to a member of the crew who will then be “Skipper”. If there is no crew aboard or if the crew is unable to take such authority, the client shall have limited authority to steer the boat so as to avoid danger, issue a distress message by radio, flare or other means, agree to be towed to safety by another vessel, agree to be boarded by a competent third party.

Health, safety & behavior
The Skipper has total authority over passengers in respect of health and safety in connection with the boat at all times.
If the Skipper decides that passengers, or any of them, are at risk from themselves, the weather or any other source, then the Skipper’s decisions are final.
The Client shall take all reasonable steps to ensure that passengers do not put themselves, others or the boat in danger during the charter and the Client shall be responsible for passengers and their behavior on board the boat.
Passengers shall wear such safety clothes and equipment as are required by Skipper.

Weather
The Skipper’s interpretation of the weather shall be final. If the Skipper decides that the weather is unsafe, he can decide not to put to sea or to bring the boat into the nearest available port.
If the Skipper decides that the weather requires a change of route, Skipper shall decide an alternative course which shall then become the route for the charter.
If the boat cannot put to sea because of weather, Wight Charter’s obligations in respect of the charter shall be deemed met and the charter price shall be payable in full, or shall not be refunded, as the case may be.

Time, tides & delay
At certain times the ability to put to sea or come into port may depend on tides or other physical conditions.
The Skipper is solely responsible for deciding when conditions are satisfactory to put the boat to sea or to bring the boat into a particular port.
The Skipper will try to meet client’s timing requirements but does not guarantee to do so and is not required to use unreasonable or special efforts to do so.

Liability & insurance
Wight charter, the Skipper and crew shall have no liability whatsoever and howsoever arising in connection with the charter unless such liability arises from the negligence of Wight charter, the Skipper and crew leading to personal injury or death.
Without prejudice to the the aforesaid, Wight charter, the Skipper and crew shall have no liability whatsoever and howsoever arising for any loss of, or damage to any personal property whatsoever owned or in the possession of passengers.
The client shall be liable to Wight charter for any and all damage caused by the client and / or  passengers in connection with the charter. Any deposit taken in advance of the charter shall not be construed as a limitation of client’s liability in this regard.

Cancellation
The charter may be cancelled by Wight Charter at any time. If Wight Charter cancels the charter for any reasons other than those mentioned in this document then it shall refund the charter price, or that much of it as has then been paid.