1.1 Copyright © 2015 Harrison Morgan Ltd
1.2 Subject to the express provisions of this notice:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
2.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website; and
(e) use [our website services] by means of a web browser,
subject to the other provisions of this notice.
2.2 Except as expressly permitted by the other provisions of this notice, you must not download any material from our website or save any such material to your computer.
2.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
2.4 Except as expressly permitted by this notice, you must not edit or otherwise modify any material on our website.
2.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website, save to the extent expressly permitted by this notice.
3.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; or
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
4.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches this notice, please let us know.
4.2 You can let us know by email via the contact form on this website.
5. Enforcement of copyright
5.1 We take the protection of our copyright very seriously.
5.2 If we discover that you have used our copyright materials in contravention of the licence set out in this notice, we may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you using those materials. You could also be ordered to pay legal costs.
5.1 You may request permission to use the copyright materials on our website via the contact form.
This Agency Agreement is made between the Company trading as Helm, Harrison Morgan Limited (the ‘Agent’) and (the ‘Client’) who is looking to charter a Yacht through the Agent.
The parties agree to the following definitions:
Agent means Harrison Morgan Limited, company registration number 09503488, registered office 10 London Mews, London, England, W2 1HY, trading as ‘Helm’.
Booking Summary means the document issued by the Agent containing the specifics of the Charter, including but notlimited to all costs of the Charter, the Security Deposit payable, a Payment Schedule, the ports and points of departure and return and the boat type of the Charter.
Charter means the period specified within the Booking Summary during which the Client has use of the
Charter Agreement means this Agency Agreement together with the Booking Summary.
Client means persons aged 18 years old or above who have completed a booking with the Agent.
Commencement Date means the date the Booking Summary is signed by the Client and the Agent or the date the Agent receives the Initial Deposit from the Client.
Departure Date means the first day of the booked Charter.
Deposit means the initial non-refundable sum of the total quoted price payable to the Agent as specified in the Booking Summary.
Due Diligence means the reasonable investigative checks carried out by the Agent on behalf of the Client solely in relation to the Charter.
Payment Schedule means the breakdown of what is required to be paid by the Client in the Booking Summary.
Principal means the Yacht owner, operator and, or travel providers stated in the Client’s Booking Summary.
Security Deposit means the refundable deposit left at check in on the Yacht by the Client to secure against potential damages.
Website means the Agent’s website www.helm.yt
Yacht means the boat type specified in the Booking Summary.
This Agency Agreement gives agency to the Agent to act on behalf of the Client for the Client’s Booking Summary. This Agency Agreement shall commence on the Commencement Date and shall continue until the Charter has taken place or has been cancelled, unless terminated by either party in accordance with this Agency Agreement. The parties acknowledge and accept that the Agent is not party to the Charter Agreement between the Principal and the Client throughout the duration of the Client and Principal’s Charter Agreement and this Agency Agreement.
The Client should note that the Principal may have further terms and conditions that will apply to the Charter. By paying the Deposit or signing Booking Summary or paying the Initial Deposit the Client is deemed to have read and understood this and accepts that the further terms and conditions of the Principal may apply to the Charter. The Client shall have no further right to cancel this Agency Agreement or the Booking Summary as a result of being presented with the Principal’s terms and conditions.
Prior to commencement of the Charter, the Principal may require the Client to sign the Principal’s agreement for bareboat charter, which may incorporate legal requirements for yacht charter in the country(ies) in which the Charter is taking place. The Principal will advise on any fees payable for returning the Yacht late at the end of the Charter, such fees may be deductible from the Security Deposit.
Following the commencement of this Agency Agreement, the Agent will provide the Client with a Booking Summary promptly and will offer to hold the Yacht for 72 hours, without a deposit. Client shall promptly sign the Booking Summary to accept the offer and/or pay the Initial Deposit specified in the Booking Summary. The Client acknowledges and agrees that it is the Client’s responsibility to ensure the details contained in the Booking Summary are correct. If there are any factual errors in the Booking Summary the Client must contact the Agent within seventy-two (72) hours of becoming reasonable aware of the error so the Agent can amend and resend the Booking Summary to the Client.
The Agent shall consider the booking confirmed when it has sent a receipt for the Initial Deposit to the Client. The Agent will deem the Client to have accepted the Principal’s Charter Agreement upon payment of the Initial Deposit to the Agent. If the booking occurs less than six (6) weeks from the Departure Date the Agent will require the Client to pay the cost of the Charter in full.
The Agent will provide a Payment Schedule for the Client in the Booking Summary. The Client shall pay all sums payable to the Agent in accordance with the dates and amounts their Booking Summary. The Client shall pay the Agent by the following methods;
The Client shall pay the Initial Deposit to the Agent in accordance with the dates and amounts their Booking Summary. The Client
shall pay the Initial Deposit by the following methods;
The Client shall pay the final balance to the Agent by bank transfer only.
Prior to thirty (30) days before the start of the Charter the Agent may increase the price of the Charter as a result of fluctuations in
exchange rates. The Agent will not change the cost of the Charter within thirty (30) days of the Departure Date, except for increased
costs resulting from Government action.
5. SECURITY DEPOSIT
Before commencing the Charter, the Client shall leave a Security Deposit with the Principal; this shall be paid on check in at the
charter base. The Security Deposit will be detailed in the Booking Summary along with the payment methods accepted.
The Security Deposit will cover the cost of additional cleaning, unpaid fuel, late return fees and loss or damage caused to the Yacht
At the completion of the charter the Security Deposit will be refunded in full (less any sums deducted). The Security Deposit is
strictly between the Client and the Principal. The Agent does not accept any liability for the failure of the Principal to return the
Security Deposit to the Client and is not in any way responsible for the loss of such monies.
Each Yacht is fully insured under a marine insurance policy by the Principal, covering loss, damage and third-party indemnity.
The Client shall take all reasonable care of the Yacht. In the event of damage to the Yacht or its equipment the Client’s liability is
limited to the amount of the Client’s Security Deposit, unless such damage is caused by the Clients’ negligence, recklessness or
In the event of the Yacht incurring damage due to the Clients’ negligence, recklessness or intent, the Principal may require the
Client to supplement the Client’s Security Deposit.
7. TRAVEL INSURANCE
It is the Client’s responsibility to take out adequate travel insurance to cover themselves while on holiday, and in the event of
Cancellation. The Agent does not organise or sell travel insurance policies.
The Client may make cancellations. The Client must notify the Agent in writing, by post or email. Cancellations will be subject to
Cancellation clause in the Principal’s Charter Agreement with the Client.
Upon receipt of notification of cancellation, the Agent will send an acknowledgement email or letter to the Client to confirm receipt
of cancellation. A Cancellation will be effective from the date the Client receives the acknowledgement of the receipt of
The Agent may terminate this agreement at any time by writing to the Client, if the Client breaks its terms, including if:
The Client misses a payment due to the Agent and the Client fails to make the payment within 5 working days of the
Agent requesting a due payment.
The Client fails to, within a reasonable time of any request by Agent for it, provide Agent with information that is
necessary for Agent to arrange the Charter;
the Client is declared bankrupt: or
the Client materially breaches of this Agency Agreement and/or the Booking Summary.
Once a booking is confirmed, the Agent will attempt to accommodate any reasonable alterations requested by the Client. Any
change will always be subject to availability of and cooperation from, the Principal.
Major alterations such as change of date, or Yacht type will be treated as Cancellation and any re-booking and may result in an
increase or decrease of the Charter price.
Any administration charge charged by the Principal will be passed on to the Client. Additionally, the Agent reserves the right to
charge an administration charge of 50 GBP or foreign equivalent to administer any changes.
In the event that changes are required to the Client’s booking due to operational reasons, the Client will be notified as soon as is
reasonably possible with the details of the changes.
If the changes are not reasonably acceptable to the Client, the Client can request to cancel the Charter Agreements and the Agent
will refund to the Client all monies paid by the Client to date.
The Client must accept any proposed changes, or request a Cancellation within three (3) days of being informed of the changes,
otherwise the Agent will be entitled to conclude that the Client is satisfied with the changes, and the new booking will apply.
When the Principal offers a bareboat, the Yachts are offered on the condition that the person identified on the Client’s booking
form as the skipper has sufficient sailing experience, a license to handle a yacht of the size and type chartered, and is assisted by
at least one other able adult crew member.
In addition to a valid license for the Country of Charter, some destinations will also require the charterer to have a valid VHF
Certificate of Competency. It is the Client’s responsibility to ensure that the skipper has the requisite Certificate of Competency
required by the authorities in any Country visited during the Charter.
If in the judgment of the Principal the Client or the nominated Skipper are not competent to operate the Yacht, the Principal reserves
the right to require the Client to take a skipper selected by the Principal at the Client’s own expense.
Unless otherwise agreed in writing with the Principal, the Client shall not use the Yacht to take part in any races, events, or
11. YACHT SPECIFICATIONS
The Agent cannot guarantee that the yacht will meet the exact details described on the Website as this information is provided by
Photographs of Yachts on the Agent’s Website are intended only to give a general idea of the type of Yachts available for charter.
There may be differences between the yacht shown on the Website and the Chartered Yacht. Any Yachts chartered will be of an
equivalent standard to any shown on the Website, and as detailed in the Booking Summary.
The Agent maintains the highest standards in choosing its Principals. If the Client is not satisfied with the performance of any
element of the charter booked through the Agent, the Client should address any complaints to the Principal at the earliest possible
opportunity. The Client may inform the Agent of their concerns and the Agent will reasonably seek to assist the Client.
13. OUR RESPONSIBILITY
The Agent shall exercise all Due Diligence to ensure that any Charter booked by the Client is provided in accordance with this
Agency Agreement. The Agent accepts responsibility for any loss or damages caused to the Client as a direct result of the
negligence or default of the Agent or any persons directly employed by the Agent.
The provision of Charter involves independent parties who are neither employed by the Agent nor under the Agent’s direct control.
The Agent does not accept any responsibility for the conduct, behaviour or any actions of these independent parties.
The agreement is entered into on the mutual agreement that the Agent will not be responsible for loss or damage including
inconvenience or disruptions caused by the acts or defaults of independent parties, or by force majeure events including but not
limited to the following: war or threat of war, riot, civil strife, terrorist activity, industrial dispute, unavoidable technical problems
with transport, closure or congestion of airports, natural or nuclear disaster, fire, adverse weather conditions or similar events
beyond the Agent’s control.
In any event Agent’s total liability under the Agency Agreement shall be limited to the total amount paid by the Client to the Agent
under the Booking Summary. The Agent will not accept any liability for any losses incurred by the Client in connection with the
Charter including but not limited to loss of use, direct, indirect or consequential losses, loss of profit, loss of reputation and all
interest, penalties and legal costs.
14. ASSIGNMENT AND OTHER DEALINGS
Neither party shall assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its
rights and obligations under this agreement.
15. ENTIRE AGREEMENT
This Agency Agreement and the Booking Summary constitute the entire agreement and only agreement between the parties and
supersedes all previous agreements between the parties regarding the subject matter of this Agency Agreement and Booking
Summary. Each party acknowledges and agrees that in entering into this Agreement it has not relied on, and shall have no remedy
in respect of, any statement, representation, undertaking or warranty, whether oral or in writing, save as is expressly set out in this
Agency Agreement and/or the Booking Summary. Each party acknowledges and agrees that the only remedy available to it for
breach of this Agreement shall be for breach of contract under the terms of this Agreement. Nothing in this agreement shall limit
or exclude liability for fraud.
This agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute a
duplicate original, but all the counterparts shall together constitute the one agreement.
17. THIRD PARTY RIGHTS
For the purpose of the Contracts (Rights of Third Parties) Act 1999, this Agency Agreement does not and is not intended to give
any rights, or any right to enforce any of its provisions, to any person who is not a party to it. The Principal in the Booking Summary
is not party to this Agency Agreement.
18. GOVERNING LAW AND JURISDICTION
The Parties irrevocably agree that the Courts of England and Wales shall have exclusive jurisdiction to settle any claim, dispute or
difference arising out of or in connection with this Agency Agreement, including any question in relation to its existence, validity
or termination or the legal relationships established by this Agency Agreement. This includes non-contractual disputes or claims.
The Parties submit to the exclusive jurisdiction of such courts.