Please read these booking terms and conditions carefully; they form an important part of the contract for your charter package.
The payment of your initial deposit, returning the completed skipper’s resume, and the acceptance of your signature to these Terms and Conditions (this "Agreement" or these "Terms and Conditions") by us creates a contractual relationship between the Company and you, the lead charterer or passenger of the yacht provided by the Company (for and on behalf of the other passengers of the yacht, hereinafter referred to as "you", the "Charterer" or the "Passenger"). Please read the following information carefully. For your booking to be completed, you must indicate your acceptance of this Agreement by signing and returning this Agreement to the Company via scan and email to sailing@conchcharters.com, no later than seven (7) days after receipt of payment of your initial deposit. For confirmation, please call 1-284-494-4868
Placing a hold: Once you have chosen your yacht, you can place a hold via our website www.conchcharters.com or direct us to place a hold for you. No one else may book your yacht during the hold period. Typically, the hold period lasts 7 days, unless the charter is less than 60 days away, in which case the hold lasts 2 days. Once you have placed the hold, you will receive a booking email from us with instructions on how to confirm your charter. At this time, you will be asked to submit your skipper’s resume for approval.
Booking a charter: To make a booking you can contact us either directly over the telephone by calling the number on our website, or via email at sailing@conchcharters.com. To confirm the charter, you will need to provide a signed charter agreement, an initial deposit, and a completed skipper’s resume.
Charter fees must be paid as follows:
- The amounts of deposit to confirm the booking are dependent upon the cost of the charter and are as follows: Charter Fee up to $4000, deposit of $1000; charter fee between $4000 and $7000, deposit of $2000, charter fee over $7000 is $3000.
- Balance of charter fees must be received by Conch Charters Ltd. 45 days before start of the charter, or as agreed with Conch Charters Ltd in writing.
In the event that the Charterer does not adhere to the payment terms, Conch Charter Ltd reserves the right to cancel this charter.
The amounts listed are payable to Conch Charters Limited and sent to our mailing address Conch Charters Ltd, PMB 525, P. O. Box 305498, St. Thomas, VI 00803 by regular mail, allowing two weeks for delivery. All cheques whether personal or bank must be drawn in USD. Any payments made by Mastercard or Visa after your initial deposit to secure your reservation will incur a 3% surcharge. This charge applies to any payments for balances, insurance, permits etc. made by mail, email or in person. No personal or bank cheques will be accepted on arrival in Tortola.
The person making the booking must be 18 years or older and posses the legal capacity and authority to make the booking and accepts these booking conditions on behalf of everyone in their party. Whether you book alone or as a group, we will only deal with the Lead Charterer in all subsequent correspondence, including changes, amendments, and cancellations. The Lead Charterer is responsible for ensuring the accuracy of the personal details or any other information supplied in respect of all Passengers and for passing on any information regarding the booking or any changes made in relation thereto to all Passengers, including but not limited to information on schedule changes or copies of booking confirmations.
Delivery of Yacht: Conch Charters Ltd. hereby agrees to deliver the yacht, or an equivalent yacht at Conch Charters Ltd. dock, Road Town, Tortola, BVI, fully commissioned, clean and fit for service. Any delay in delivery of the yacht beyond twenty-four hours shall entitle the Charterer to a pro rata reduction in charter fee. The Charterer will inspect the yacht, including equipment, condition, and all supplies provided by Conch Charters Ltd., and upon removing the yacht from the dock, will indicate his/her release of Conch Charters Ltd. of all further obligations hereunder.
Should it be impossible for Conch Charters Ltd. to make delivery of the yacht at the time provided by this agreement, through causes beyond its control, and should such delivery not be made within 24 hours thereafter, then this agreement may be cancelled by the Charterer and/or Conch Charters and all charter fees and deposits paid in advance shall be returned to him/her. Except as otherwise agreed, if Charterer does not accept delivery of the yacht within 24 hours of the time provided by this agreement at the beginning of the charter period, the charter will be cancelled and Charterer will be responsible for the full charter fee.
Cancellation:
-
If the Charterer for any reason should not be able to fulfill the charter, he/she is entitled to, cancel their charter subject to the following:
Up to 90 days prior to charter start Refund Option: Full refund of charter fee paid minus $300.00 service charge
Reschedule Option: Charter fee paid can be held on account and applied to a new charter within 24 months.
Less than 90 days prior to charter start Refund Option: No refund
Reschedule Option: No reschedule option
- Should Conch Charters Ltd. obtain a substitute Charterer for the full period of the cancelled charter, Conch Charters Ltd. will refund the Charterer the amount of the substitute charter, less a $300 service fee.
- Notice of cancellation is effective when received by Conch Charters Ltd. at its booking office in writing by e-mail; oral notice must be confirmed in writing.
- In the event Charterer does not pay all or any portion of the total fees and deposits pursuant to our contract within 45 days prior to the charter, the charter may be cancelled at the option of Conch Charters Ltd. after due notice to Charterer.
- Should the charter be rescheduled, the terms and conditions of the cancellation policy, as set out above, will apply to the original date of the charter agreement, not to the rescheduled dates.
The Optional Conch Charters Cancellation Plan:
- The Charterer may purchase The Optional Conch Charters Cancellation Plan for a one-time charge of $200 at the time of booking the charter. The Optional Cancellation Plan once purchased is non-refundable and non-transferable.
-
Purchase of the Optional Conch Charters Cancellation Plan will entitle the Charterer to cancel their charter subject to the following:
Up to 90 days prior to charter start Refund Option: Full refund of charter fee paid with no charges.
Reschedule Option: Charter fee paid will be held on account and applied to a new charter within 24 months
Less than 45-89 days prior to charter start Refund Option: Refund of charter fee paid minus $150 admin charge.
Reschedule Option: Charter fee paid will be held on account and applied to a new charter within 24 months
Less than 30-44 days prior to charter start Refund Option: Refund 50% of charter fee paid.
Reschedule Option: Charter fee paid will be held on account and applied to a new charter within 24 months.
Less than 29 days prior to charter start Refund Option: No refund
Reschedule Option: 50% of charter fee paid will be held on account and applied to a new charter within 24 months.
- The Optional Conch Charters Cancellation Plan can be redeemed only on one occasion per charter booking.
- In the event of cancellation, where The Optional Conch Charters Cancellation Plan is applied and the charter is rescheduled, the new dates are considered non-refundable and non-transferable.
- ‘Rescheduled’ charters are not eligible for The Optional Conch Cancellation Plan.
- Refund and reschedule options are only valid if the contracted payment terms are adhered to.
- In the event of a refund, credit card surcharges, wire transfer fees or any fees occurring through any other method of payment will not be refunded.
- In the unlikely event that the BVI Government restricts travel into the territory due to a pandemic, charter fee paid can be held on account and applied to a new charter within 12 months.
Insurance Coverage: During the term of the charter, Conch Charters Ltd. shall provide and maintain full force and effect with respect of the yacht:
- Yacht/Hull insurance $38.00 per day (maximum $400 per charter) providing for minimum deductible. Charterer shall be responsible for his/her security deposit in the amount of USD 3,000.00 per incident except that this limitation shall not apply to any loss of liability or damages occasioned by the gross negligence of Charterer.
- Third Party Liability Insurance (Bodily Injury and Property Damage) limited to US$2,000,000 any one accident or occurrence or series of occurrences arising out of the same event. Copies of the applicable policies of insurance are available for inspection at Conch Charters Ltd. offices in Tortola. Charterer, being an additional assured under said policies, agrees to comply with and be bound by the terms and conditions and limitations of said policies and will cooperate with Conch Charters Ltd. In the event of claim or suit, in any case of loss, accident, breakdown, or disaster, the Charterer shall give immediate notice of the same to Conch Charters Ltd. In such an event, Charterer will take all steps reasonable possible to preserve the yacht and its equipment but will not attempt repairs without authorization of Conch Charters Ltd.
- Conch Charters Ltd, the Owner and Underwriters accept no responsibility or liability in respect of any goods, services, provisions, property, and equipment which are provided by third parties or rented and / or purchased from third parties.
- Charterer is hereby placed on notice that the insurance does not apply to any loss or liability: a) taking place outside the authorized cruising area, b) resulting from operating the yacht between one hour before sunset and one hour after sunrise, and c) resulting from the violation of any other of the provisions of the section entitled “Restricted use”.
Operating expenses: The Charterer agrees to pay all boat operating costs after the start and during the period of the charter, including but not limited to the cost of water, fuel, oil, ice, pilotage, port charges, customs fines, food, beverages, provisions and other consumable stores, unless these have been ordered and paid for by separate agreement with Conch Charters Ltd.
Return of yacht: The Charterer agrees to surrender the yacht at the Conch Charters Ltd. dock Road Town, Tortola, BVI, on or before noon on the last day of the charter period, with all gear aboard, free, and clear of any indebtedness or liens incurred by Charterer, clean and in the same condition as upon departure, normal wear and tear from ordinary use expected, having properly cleared customs, if necessary.
The Charterer is responsible for allowing sufficient time for unforeseen contingencies to permit his return of the yacht at the required time. If circumstances within the Charterer’s control cause delay of return of the yacht, the Charterer agrees to pay the pro rata charter fee for the succeeding charter, in whole or in part.
The Charterer will be liable for all losses that Conch Charters Ltd. may sustain. If the Charterer leaves the yacht at any location other than Conch Charters Ltd. dock from which the charter began, he/she will be liable for delivery costs to the Conch Charters Ltd. dock.Restricted use: The Charterer agrees that during the term of the charter, the yacht shall be employed exclusively as a pleasure vessel, for the sole and proper use of himself/herself and his/her stated party, including any guide/instruction sailing with the Charterer, and shall not be used to transport merchandise or carry passengers for hire or pay or to engage in any trade and that Charterer will in no way violate the laws of any government within the jurisdiction of which the yacht may be at any time.
Charterer agrees to restrict the cruising area of the yacht to the waters of the U.S. and British Virgin Islands with the exception of the waters east of Anegada and the waters within three nautical miles of Herman Reefs, The White Horseshoe Reef, and the reefs surrounding Anegada Island. Also excepted from cruising area is St. Croix, and any other areas designated as being off limits by the Manager or any employee of Conch Charters Ltd. at the time of delivery of the yacht to Charterer or otherwise.
Charterer further agrees that the yacht shall not be operated between one hour before sunset and one hour after sunrise.
For safety reasons Conch Charters reserves the right that the yacht is vacated in the event of severe weather conditions. In the event of a named storm the charterers will bring the yacht to the marine shelter on Tortola as advised by Conch Charters and will assist in preparation of the vessel by removing sails etc. All charterers will be required to vacate the yacht for safety reasons and relocate to land based accommodation at their expense at least twenty-four hours before the named storm is due. No refunds will be issued for trips that are interrupted, curtailed or cancelled due to severe weather conditions.
Lien prohibition: Neither Charterer nor any of his/her passengers or agents shall have the right, power, or authority to create, incur, or permit to impose upon the yacht any liens whatsoever. Charterer agrees that any person furnishing repairs, supplies, or any other necessaries to the yacht at his/her request will be advised that Charterer and his/her passengers have no authority to permit the creation of liens or other charges upon the yacht.
Non assignment: Charterer agrees not to assign this agreement or sub-charter the yacht without prior written consent from Conch Charters Ltd.
Security deposit: Conch Charters Ltd. and owner reserve the right to apply Charterer’s security deposit in the amount provided in this agreement in whole or in part, as may be applicable:
- against any insurance deductible pursuant to this agreement
- to the repair of damages or loss of equipment or to other loss or liability not otherwise covered by insurance
- to late return charges
- to charges for consumable items as may have been used and not paid for during the term of the charter
- to loss or liability resulting from the violation of this agreement, including misrepresentation regarding sailing experience and competency.
Preauthorization on a Mastercard or Visa for the security deposit of $3000 is processed on arrival.
On return of the yacht to Conch Charters base, the yacht will be inspected by Conch Charters and outside dive company.
In the event that wrapped propeller and/or groundings are identified upon return of the yacht, the full security deposit of USD 3,000.00 will be taken.
The security deposit will also cover any damage to the whole or part thereof to the dinghy and outboard provided with the charter.
In the event that the dinghy is lost, the entire security deposit of $3,000 shall be forfeit. Conch Charters will make best endeavors to provide a replacement dinghy, for which a new security deposit will be required.
If no repair of damages is required, the full preauthorization security deposit will expire.
Competency: Charterer hereby personally warrants the accuracy of the skipper’s résumé previously furnished to Conch Charters Ltd., which résumé is considered a part and condition of this charter. He/she also certifies that he/she is experienced and competent in the handling and operation of inboard auxiliary powered sailing craft of the general type and size as the yacht herein chartered, and that he has practical knowledge of seamanship, piloting, and the rules of the road, sufficient to undertake the charter contemplated by this agreement. He/she agrees that he/she will not allow the yacht and/or the dinghy and outboard to be under the command of any person who has not furnished a sailing résumé to Conch Charters Ltd., who has not been specifically approved by Conch Charters Ltd. for operation of the yacht, and who has not executed a separate copy of this agreement. He/she further agrees that Conch Charters Ltd., has the right upon establishing that the Charterer does not have previously stated qualifications to place a skipper on board for part or the duration of the charter at the Charterer’s expense.
General: Unless otherwise agreed, Charterer is deemed to act upon behalf of all members of the charter party chartering the yacht in entering into this agreement. The terms of this agreement shall survive the delivery of the yacht to Charterer and shall apply for the entire term of the charter and thereafter, where applicable.
Arbitration: Should the Charterer and Conch Charters Ltd be unable to reconcile any differences that may arise with respect to the charter of this agreement, such dispute shall be referred to three arbitrators, one to be chosen by the Charterer, one by Conch Charters Ltd., and the third by the two arbitrators so chosen. The decision in writing signed by any two of said arbitrators shall be final and binding upon both the Charterer and Conch Charters Ltd., the expense in connection with such arbitration to be equally divided between them. Said arbitration shall be conducted according to British law as it applies in the territory of the British Virgin Islands. To the true and faithful performance of the foregoing agreement, the said parties hereto bind themselves, their heirs, executors, administrators, and assigns, each to the other.
Service Calls: Conch Charters will make every effort to repair any problems encountered while out on charter and will try to minimize the disruption of client’s charter time.
If a client should have a problem while out on charter, they should call our base immediately at (284) 494 4868. This number is manned from 0830 – 1700 daily.
Conch Charters will assist clients as quickly as possible either over the phone or by visiting the yacht by vehicle or chase boat. Depending on the yacht’s location and the problem, the client may be asked to go to a different location that is more accessible and assist in repairing the problem faster.
Refunds will only be given per incident if there is any equipment breakdown that is ‘essential for the operation of the vessel’, and if the problem is not solved within 6 hours of Charterer speaking to Conch Charters Ltd base staff.
Such equipment that would qualify for a refund:
- Engine
- Standard Rigging
- Battery
- Transmission
- Running Rigging
- Alternator
- Sails
- Windlass
Most Equipment failure will be repaired/replaced. As these following items do not make the yacht nonfunctional, they do not qualify for a refund:
- Air Conditioning
- Cell Phone
- Sound system
- Water problem, including water maker
- Generator
- Wi-Fi
- Navigation Instruments including Autopilot and VHF
- Dinghy and outboard
- Refrigeration and galley set up
Should your yacht have a breakdown outside of the British Virgin Islands or Anegada, it cannot be serviced by our team and refunds for lost time will not be given. If a breakdown occurs in the US Virgin Islands, we will request that you return to British Virgin Islands. For breakdowns at Anegada, we will request that you return to Tortola.
Requests for refunds must be submitted at the conclusion of the charter, during your onboard check- out. Requests for compensation after the client has left the base will not be considered. Refunds will be calculated over a 12-hour period. For example, a charter costing $9000/9(number of days on charter) = $1000 daily rate/12 = $83.30 hourly rate after the first 6 hours grace period.
In witness whereof, the parties hereto have set their hands the day and year first below written.