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, in relation to arranging the Charter of a Yacht for use as a bareboat Charter by the Client.
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 not limited 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, which is subject to this Agency Agreement for the purposes of confirmation of details for the booking, and to the Charter Agreement for the provision of the Charter by the Principal.
Charter means the period specified within the Booking Summary during which the Client has use of the Yacht.
Charter Agreement means the agreement between the Principal and the Client, and 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, whichever is the earlier.
Departure Date means the first day of the booked Charter.
Initial Deposit means the initial non-refundable sum of the total quoted price payable to the Agent in respect of the Charter, as specified in the Booking Summary.
Due Diligence means the reasonable investigative checks carried out by the Agent on the Client, solely in relation to the Charter.
Payment Schedule means the breakdown of what is required to be paid by the Client in respect of the Charter, 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, payable / refundable in accordance with the Charter Agreement.
Website means the Agent’s website www.helm.yt
Yacht means the boat type specified in the Booking Summary, which is subject to the Charter.
2.1 This Agency Agreement shall commence on the Commencement Date and shall continue until the Charter has been completed 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 a party to the Charter Agreement between the Principal and the Client, and that such agreement is separate to this Agency Agreement.
2.2 The Principal terms and conditions detailed in the Charter Agreement will apply to the Charter. For example, prior to commencement of the Charter, the Principal will require the Client to sign the Principal’s Charter 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 in the Client’s Charter Agreement with the Principal.
2.3 By paying the Deposit, signing the Booking Summary or paying the Initial Deposit, the Client is deemed to have read and understood this paragraph and accepts that the further terms and conditions of the Principal’s Charter Agreement that may apply to the Charter.
2.4 The Client shall have the cancellation rights set out in paragraph 8 and 9, to cancel this Agency Agreement or the Booking Summary (or as set out in the Charter Agreement) as a result of being presented with the Principal’s terms and conditions in the Charter Agreement.
3.1 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.
3.2 Client shall promptly sign the Booking Summary to indicate that they wish to proceed with the booking and/or pay the Initial Deposit specified in the Booking Summary.
3.3 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 aware of the error so the Agent can amend and resend the Booking Summary to the Client.
3.4 The Agent shall consider the booking confirmed when it has sent a receipt for the Initial Deposit to the Client, which is the time at which the Client completes the booking in accordance with this Agency Agreement and is committed to the contract with the Principal in accordance with the Charter Agreement.
3.5 The Agent and the Principal will deem the Client to have accepted the Principal’s Charter Agreement upon payment of the Initial Deposit to the Agent .
3.6 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.
4.1 The Agent will provide a Payment Schedule for the Client in the Booking Summary.
4.2 The Client shall pay the Initial Deposit to the Agent in accordance with the dates and amounts, detailed in their Booking Summary. The Client shall pay the Initial Deposit by the following methods;
4.3 The Client shall pay the final balance to the Agent by bank transfer only, on the dates detailed in their Booking Summary.
4.4 Please be aware that the Principal may seek to change the price of your Charter and they may do so in accordance with their Charter Agreement.
5. SECURITY DEPOSIT
5.1 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 with the payment methods accepted.
5.2 The Security Deposit will cover the cost of additional cleaning, unpaid fuel, late return fees and loss or damage caused to the Yacht and equipment, together with anything else set out in the Charter Agreement.
5.3 At the completion of the Charter the Security Deposit will be refunded in full (less any sums deducted) in accordance with the Charter Agreement. The Security Deposit is strictly between the Client and the Principal. 5.4 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, or any deductions made from, such monies.
6.1 Each Yacht is fully insured under a marine insurance policy by the Principal, covering loss, damage and third-party indemnity.
6.2 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 wilful damage, or unless otherwise set out in the Charter Agreement.
6.3 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 and pay any relevant sums required to repair such damage.
7. TRAVEL INSURANCE
7.1 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.
8.1 The Client may make cancellations. The Client must notify the Agent in writing, by post or email. Cancellations will be subject to the applicable cancellation clause (and any applicable cancellation fees) in the Principal’s Charter Agreement with the Client.
8.2 Upon receipt of notification of cancellation, the Agent will send an acknowledgement email or letter to the Client to confirm receipt of the cancellation. Cancellation will be effective from the date the Client receives the acknowledgement of the receipt of cancellation from (or communicated by) the Principal, through the Agent.
8.3 Should the Principal cancel the Charter, the Agent will reasonably endeavour to find the Client an acceptable replacement charter, or provide a full refund of money paid to the Agent, by the Client.
9.1 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.
9.2 Major alterations such as change of date, or Yacht type will be treated as a cancellation and re-booking and may result in an increase or decrease of the Charter price.
9.3 Any administration charge charged by the Principal will be passed on to the Client.
9.4 In the event that changes are required to the Client’s booking due to operational reasons of the Principal, 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 arrange a refund from the Principal to the Client for all monies paid by the Client to date.
10. SAILING EXPERIENCE
10.1 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.
10.2 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.
10.3 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, or may refuse to Charter the Yacht to the Client and cancel the booking in accordance with the Charter Agreement.
10.4 Unless otherwise agreed in writing with the Principal, the Client shall not use the Yacht to take part in any races, events, or competitions.
11. YACHT SPECIFICATIONS
11.1 The Agent cannot guarantee that the Yacht will meet the exact details described on the Website as this information is provided by the Principal.
11.2 Photographs of Yachts on the Agent’s Website are intended only to give a general idea of the type of Yachts available for charter.
11.3 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.
12.1 The Agent maintains the highest standards in choosing its Principals and uses it reasonable endeavours to work for Principals that has good standards in place.
12.2 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. AGENT’S RESPONSIBILITY
13.1 The Agent shall exercise reasonable Due Diligence to ensure that any Charter booked by the Client is provided in accordance with the Charter Agreement and as anticipated in 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 only, but does not have any responsibility in relation to the Principal and/or any of its obligations to the Client under the Charter Agreement.
13.2 The provision of Charter involves independent parties who are neither employed by the Agent nor under the Agent’s direct control.
13.3 The Agent does not accept any responsibility for the conduct, behaviour or any actions of these independent parties.
13.4 The Client acknowledges and agrees 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.
13.5 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
14.1 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 Agency Agreement.
15. ENTIRE AGREEMENT
15.1 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 and this Agency Agreement specifically excludes any terms agreed between the Client and the Principal under the Charter Agreement.
15.2 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.
15.3 Each party acknowledges and agrees that the only remedy available to it for breach of this Agency Agreement shall be for breach of contract under the terms of this Agency Agreement.
15.4 Nothing in this paragraph shall limit or exclude liability for fraud.
16.1 This Agency 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
17.1 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 and shall have no rights or remedies under it.
18.1 This Agency Agreement relating to how we operate as the Agent is subject to the laws of England and Wales.