Terms & Conditions (In two parts sections A & B)

Section A “Charters”

Applying when any person or company enters into an agreement with

TSBT Sailing & Charters Ltd to charter a vessel.

  1. When a copy of the Charter Contract, signed  by the Charterer, is  received by the Bookings Secretary and signed on behalf of the Company  this agreement shall be made and will be binding upon the Charterer and the Company and  the deposit payment will be cashed and is not returnable other than as provided in this agreement.
  2. Payment in full of the balance of the Charter fee must be made no later than 28 days before the intended departure date.
  3. An invoice will be issued upon payment of the Charter fee.
  4. The gross cost of the Charter will be the charter fee plus VAT and taxes due thereon together with any extras. In the event that extra costs are incurred during the Charter these will be invoiced in addition to the gross cost and are due for payment at the date of such additional invoice.
  5. In the event that:
    1. payment of the Charter fee has not been received 28 days before the intended departure date;
    2. you cancel your booking 28 days or less before the intended departure date;
    3. you or your Charter party fail to join the vessel at the intended departure date;

    your booking will be regarded as cancelled by you and you will remain liable to pay the sailing fee in full by way of liquidated damages unless your berth is filled by another booking.

  6. If you cancel your booking after the date of this agreement but more than 28 days before the intended departure date you will lose your deposit which will not be refunded.
  7. In the event that a Charter is delayed or cancelled before or after you have joined the vessel on the intended departure date due to mechanical breakdown, injury to the crew or damage to the vessel or any other reason whatsoever other than adverse weather conditions or forecast no refund can be made other than the reduction of the Charter fee by 75% of the daily Charter fee (calculated by dividing the Charter fee by the number of days in the Charter) for each day (or period during which there are two tides) that the vessel is delayed and in the event that the Charter is cancelled a 100% refund for every cancelled day of the Charter.
  8. All charters are subject to the weather and the judgement of the vessel’s Master as to the safety of the vessel. All sailing will depend upon the weather and other unforeseen factors that may lead to the destination of the Charter being changed or the departure of the vessel on the Charter may have to be delayed or cancelled altogether if it is judged by the Master or the Company that it is not safe to sail or motor the vessel anywhere due to adverse weather conditions or forecast. The intended departure point and destination is liable to alteration by the Company prior to the intended departure date. The Company will agree to any itinerary stated in this agreement in good faith but does not warrant or guarantee that any intended itinerary can or will be completed.
  9. The safety of the vessel and her passengers and crew is paramount and decisions made by the vessel’s Master or the Company on safety grounds are final.
  10. All trips are undertaken subject to the Safety Code published by the Trust from time to time and it is a condition of booking that the Charterer and all passengers in the Charter Party shall comply with the Safety Policy and follow the lawful orders of the Master and crew while aboard the vessel. A copy of the safety policy will be sent to the Charterer and can also be found on the Trust’s website.
  11. You agree that in sailing on the vessel you accept the risks inherent in sailing a classic traditional sailing vessel with heavy gear and unguarded winches and machinery not found on modern vessels. Although stanchions and lifelines are fitted to the vessel you must exercise reasonable care to avoid falling over the side especially those parts of the vessel where no lifelines are fitted. If you book to sail in a barge match you accept that the stanchions and lifelines will be removed during the race and replaced as soon as reasonably practicable after the race has finished and you accept and will take all reasonable steps to avoid the increased risk of falling overboard.
  12. Non swimmers and children and young people under the age of 18 must wear a life jacket while on deck. The ADULT ACCOMPANYING A CHILD is responsible for ensuring that any child or young person brings their own life jacket and that it is in good condition and works properly.
  13. All children and young people who sail must bring a properly fitting and operational life jacket which must be worn at all times they are on deck. No child or young person may go on deck when the vessel is underway or at anchor unless accompanied by an adult. Children under 7 years old must be harnessed to the adult with parental responsibility for them while the vessel is underway.
  14. You are required to provide food for your Charter party and for the vessel’s crew which will normally consist of a Master and a mate. Entirely at the discretion of the Company a third hand may be provided also. At the end of the Charter you must ensure the vessel and its accommodation and equipment including cookers, fridges and utensils are left clean and tidy failure to do so may result in the Company employing a cleaner to clean the barge and the cost shall be an extra
  15. You must not drink alcoholic drinks so as to become intoxicated or use non-prescribed or illegal drugs during a sailing trip. Drunkenness or violent or abusive behaviour will not be tolerated and you or any member of your Charter party who behaves in this way may be required to leave the vessel by the Master.
  16. Smoking of cigarettes, or pipes is not permitted below decks or in the vicinity of fuel storage.
  17. You must take reasonable care for your own safety and that of other passengers and crew in accordance with the safety policy. No liability for injury or death can be accepted by the Company or the Trust or their agents employees contractors or volunteers other than caused directly by negligence for which the Company is liable.
  18. No responsibility can be accepted or loss or damage to your clothing or other belongings or that of the Charter Party during the Charter.
  19. By agreeing to these terms and conditions by signing this agreement you consent to the holding and processing of any data contained in the booking form or given under the safety policy by the Company and /or the Trust in accordance with the General Data Protection Regulations, a copy of our Privacy Policy is available on our website.
  20. In all safety matters the decisions of the vessel’s Master shall at all times be final and binding upon the Charterer and all passengers. Equally the judgement of the vessel’s Master and the Company shall always be subject to the law, regulations, policies and decisions by the Maritime and Coastguard Agency, the Department of Transport, HM Customs and Excise, and the relevant port authorities, dock authorities and other Government bodies responsible for regulating the waters, docks, rivers, ports, marinas and quaysides where the vessel operates or moors.
  21. You must ensure that the Company has the full name and address and contact details for next of kin or chosen contact ashore so that they may be contacted in an emergency of every member of the Charter party.
  22. Any passenger in the Charter party who suffers from a disability or illness that is relevant to safety including a heart condition, epilepsy, diabetes, a stroke or blackouts, vertigo or any other condition that could lead to any form of attack or collapse requiring medical attention or who is taking prescribed medication for any similar condition must inform the TSBT Bookings Secretary of this before departure on a trip.
  23. You agree to compensate the Company in respect of any loss or damage caused to the vessel or its equipment by you or any member of your Charter party to the amount of any excess on the vessel’s insurance policy or to the amount of any claim which the vessel’s insurers repudiate as a result of your actions or conduct or that of any member of your Charter party.
  24. The Company will not be liable for any losses or expenses suffered by the Charterer or any other passenger in the Charter party in consequence of the Charter or the terms of this agreement or the delay or cancellation of a Charter or alteration of the intended departure point or intended departure date by the Company.
  25. This agreement shall be deemed to have been made at the Registered Office of the Company. All disputes arising under these terms shall be decided in accordance with the Law of England and Wales.
  26. Nothing in the Trust’s website or advertising or Charter Brochure or any literature of any kind published by the Trust or the Company shall constitute a term of this agreement or any other contract or agreement between the Charterer and the Trust or a representation relied upon by the Charterer in entering into this agreement.
  27. Nothing in this agreement shall constitute a contract between the Charterer and the Trust or create any obligation or liability upon the Trust whatsoever. The Trust has no liability or responsibility whatsoever for the Charter or the vessel in connection with the Charter. The Trust and its Trustees officers or volunteers acts only as an agent for the Company in facilitating the performance of this agreement and the only obligations created by this agreement are those of the Charterer and the Company.
  28. The Charter Terms and Conditions together with the terms set out on the front page of this agreement signed by the Charterer and the Company and together comprising this agreement shall constitute the whole agreement between the parties and any addition or amendment to this agreement shall only be made in writing signed and dated by the Charterer and the Company.

 

Section B      “Our Cruises”

Applying to an individual who books a berth on a sailing barge thus becoming part of the passenger complement of up to 12 persons

  1. A Booking Form must be completed, signed and forwarded to the Bookings Secretary by each person sailing.
  2. On receipt by TSBT of your Booking Form and full payment the booking shall become firm. Confirmation will then be issued. Cancellations and changes to bookings may incur an admin fee of £20. Cancellations of firm bookings made less than 21 days prior to departure may forfeit the whole sailing fee. Any trip cancelled before departure by TSBT will be refunded in full.
  3. Provisional bookings can be made and shall be held for ten days awaiting receipt of the Booking Form and full payment. Should these items not be received in that time, then the provisional booking will lapse.
  4. TSBT Sailing & Charters Ltd publish the sailing programme in good faith. All sailing trips are subject to the weather and the judgement of the vessel’s Master as to the safety of the vessel. All sailing will depend upon the weather and other unforeseen factors that may lead to the destination of the trip being changed or the departure of the vessel on the trip may have to be delayed or cancelled altogether if it is judged by the Master or the Company that it is not safe to sail or motor the vessel anywhere due to adverse weather conditions or forecast. The intended departure point and destination is liable to alteration by the Company prior to the intended departure date.
  5. The safety of the vessel and her passengers and crew is paramount and decisions made by the vessel’s Master or the Company on safety grounds are final.
  6. All trips are undertaken subject to the Safety Code published by the Trust from time to time and it is a condition of booking that all passengers shall comply with the Safety Policy and follow the lawful orders of the Master and crew while aboard the vessel. A copy of the safety policy can be found on the Trust’s website.
  7. You agree that in sailing on the vessel you accept the risks inherent in sailing a classic traditional sailing vessel with heavy gear and unguarded winches and machinery not found on modern vessels. Although stanchions and lifelines are fitted to the vessel you must exercise reasonable care to avoid falling over the side especially those parts of the vessel where no lifelines are fitted. If you book to sail in a barge match you accept that the stanchions and lifelines will be removed during the race and replaced as soon as reasonably practicable after the race has finished and you accept and will take all reasonable steps to avoid the increased risk of falling overboard.
  8. Non swimmers and children and young people under the age of 18 must wear a life jacket while on deck. The ADULT ACCOMPANYING A CHILD is responsible for ensuring that any child or young person brings their own life jacket and that it is in good condition and works properly.
  9. All children and young people who sail must bring a properly fitting and operational life jacket which must be worn at all times they are on deck. No child or young person may go on deck when the vessel is underway or at anchor unless accompanied by an adult. Children under 7 years old must be harnessed to the adult with parental responsibility for them while the vessel is underway.
  10. You must not drink alcoholic drinks so as to become intoxicated or use non-prescribed or illegal drugs during a sailing trip. Drunkenness or violent or abusive behaviour will not be tolerated and anyone who behaves in this way may be required to leave the vessel by the Master.
  11. Smoking of cigarettes, pipes or vaping is not permitted below decks or in the vicinity of fuel storage.
  12. You must take reasonable care for your own safety and that of other passengers and crew in accordance with the safety policy. No liability for injury or death can be accepted by the Company or the Trust or their agents, employees, contractors or volunteers other than caused directly by negligence for which the Company is liable.
  13. No responsibility can be accepted or loss or damage to your clothing or other belongings during the trip
  14. By agreeing to these terms and conditions by signing the booking form you consent to the holding and processing of any data contained in the booking form or given under the safety policy by the Company and /or the Trust in accordance with the General Data Protection Regulations a copy of our Privacy Policy is available on our website.
  15. In all safety matters the decisions of the vessel’s Master shall at all times be final and binding upon the passenger. Equally the judgement of the vessel’s Master and the Company shall always be subject to the law, regulations, policies and decisions by the Maritime and Coastguard Agency, the Department of Transport, HM Customs and Excise, and the relevant port authorities, dock authorities and other Government bodies responsible for regulating the waters, docks, rivers, ports, marinas and quaysides where the vessel operates or moors.
  16. You must ensure that your Booking Form has the full name and contact details for next of kin or chosen contact ashore so that they may be contacted in an emergency.
  17. Any passenger who suffers from a disability or illness that is relevant to safety including a heart condition, epilepsy, diabetes, a stroke or blackouts, vertigo or any other condition that could lead to any form of attack or collapse requiring medical attention or who is taking prescribed medication for any similar condition must enter details of this on the Booking Form before departure on a trip.
  18. You agree to compensate the Company in respect of any loss or damage caused to the vessel or its equipment by you to the amount of any excess on the vessel’s insurance policy or to the amount of any claim which the vessel’s insurers repudiate as a result of your actions or conduct.
  19. The Company will not be liable for any losses or expenses suffered by the passenger in consequence of the sailing trip or the terms of this agreement or the delay or cancellation of a trip or alteration of the intended departure point or intended departure date by the Company.
  20. This agreement shall be deemed to have been made at the Registered Office of the Company. All disputes arising under these terms shall be decided in accordance with the Law of England and Wales.
  21. Nothing in the Trust’s website or advertising or brochures or any literature of any kind published by the Trust or the Company shall constitute a term of this agreement or any other contract or agreement between the passenger and the Trust or a representation relied upon by the passenger in entering into this agreement.
  22. Nothing in this agreement shall constitute a contract between the passenger and the Trust or create any obligation or liability upon the Trust whatsoever. The Trust has no liability or responsibility whatsoever for the sailing trip or the vessel in connection with the trip. The Trust and its trustees, officers or volunteers acts only as an agent for the Company in facilitating the performance of this agreement and the only obligations created by this agreement are those of the Passenger and the Company.
  23. The Terms and Conditions together with the terms set out on the front page of the booking form signed by the Passenger and the Company and together comprising this agreement shall constitute the whole agreement between the parties and any addition or amendment to this agreement shall only be made in writing signed and dated by the Passenger and the Company.

 

Definitions:

  • “additional invoice”: invoice rendered by the Company for any extra costs
  • “booking”: agreement to a Charter or sailing trip.
  • “the Commencement Date”: the date that the Charter is to begin;
  • ” the Company”: TSBT Sailing and Charters Ltd;
  • ” Charter” term of hire of the vessel of whatever duration including individual sailing bookings for a sailing trip aboard the vessel and static events aboard the vessel.
  • ” Charterer” : any person or company named in is agreement as entering into agreement with the Company to charter the vessel on behalf of themselves or others;
  • “Charter fee” : the amount stated in this agreement as the fee for the Charter (exclusive of any extra costs) but subject to any VAT or other taxes chargeable thereon at the date of the Invoice.;
  • “Charter Party”: the passengers invited aboard the vessel for or during the Charter by the Charterer or any member of the Charter Party;
  • “Charter Terms and Conditions”: these terms and conditions;
  • “Deposit”: the figure approximating to one third of the Charter fee stated in this agreement;
  • “extra cost”; ” extra costs”: expenses incurred or costs other than the Charter fee including additional mooring fees, customs charges, Harbour Dues, locking fees or other similar costs that are charged or increased by the body responsible for charging them after the Company agrees a Charter fee or are incurred before during or after the  Charter as a result or consequence of the Charter or the actions or behavior of the Charterer or any member of the Charter party ;
  • “Intended departure date”: the date stated in this agreement as the date that it is intended that the vessel shall depart from the departure point;
  • “Intended departure point”: the location stated as such in this agreement or such other location as notified by the Company to the Charterer on or before the intended departure date;
  • “you”: the Charterer;
  • ” the Invoice” : the invoice for the cost of the Charter rendered upon payment;
  • “the Trust”: Thames Sailing Barge Trust;
  • ” the vessel”: the sailing barge named in this agreement or such other sailing barge as provided by the Company to fulfill the Charter.
  • “this agreement”: the document incorporating these Charter terms and conditions and all the terms contained therein.

TSBT Sailing and Charters Limited. 

A not for profit company wholly owned by the Thames Sailing Barge Trust.

Registered charity No: 1102840

Registered address: Thames Sailing Barge Trust, Handsel House, Walden Close, Great Totham, Essex. CM9 8UJ