These Terms and Conditions are in place to nsure the safety and enjoyment of our Customers and Staff.

Definitions

• A Member is a person over 25 years of age who has signed the Take a Turn Yachting Ltd membership form, has completed the induction and whose membership has not been terminated.
• A Skipper is a Member who is responsible for the vessel on the day of charter and has signed the vessel out.
• The Crew are the Skipper and passengers on the charter vessel.
• A Customer is a Member, or Crew, or a person applying to be a Member, or a person acting on behalf of a member.
• The Staff are employees or directors of Take a Turn Yachting Ltd.

Health and Safety

Upon joining Boat Club all members will complete the induction with a Staff member. Members are unable to use a boat unsupervised prior to completing the induction.

All Members must hold an RYA Powerboat Level 2 certificate and valid driving licence. A copy of both of these documents will be held by Take a Turn Yachting Ltd.  A driving licence is required to confirm a Members identity. Take a Turn Yachting Ltd will provide details of a Skipper to the Police, Harbour Authority, MAIB or MCA if a vessel has been linked to an incident or is reported in breach of regulations.

Any relevant medical conditions must be detailed on a members membership form. If a member is taking non-members afloat it is the members responsibility to note any medical conditions on the boat sign out sheet.

Members must be over the age of 25.

Take a Turn Yachting Ltd reserves the right to cancel your booking if we are given reason to believe you may cause harm or endanger yourself, your Crew, other water users or property.

Please understand there is always a risk of injury or death with any water sports activity.

Take a Turn Yachting Ltd is licenced to operate in good conditions and visibility during the hours of daylight, there will be no exceptions. The decision regarding the suitability of conditions will be made by Take a Turn Yachting Ltd.

The area of operation on any day may be altered to reflect the conditions on the day.

Payment

Bookings are to be paid for in full at the time of booking. Membership fees are to paid for in full at the time of booking your induction.

Pre-pay days are to be paid for in full and are to be used in the published time frames.

Refunds and Cancellations

Cancellations by Take a Turn Yachting Ltd.

If we are forced to cancel a booking through adverse weather, or equipment damage we will refund the cost of the days booking (save where the damage is caused by a Member during a multi-day charter). Take a Turn Yachting Ltd will only refund up to the value of the days charter and will not be liable for any other costs incurred. Membership fees are not refundable once the induction has been completed.

Cancellation by the Customer.

Bookings cancelled with less than 1 weeks notice will be liable for the full cost of the booking.

Bookings cancelled with more than 1 weeks notice can re arrange to an alternative day, within 1 year for individually booked days, or in line with the published expiry date of a pre-pay option.

Cancellations caused by a failed induction.

Should the customer fail the induction 50% of the value of any future bookings shall be refunded. This only applies to family and joint memberships if both members fail the induction.

Membership term and Termination

Termination by Member

Payment of the membership fee will cover membership until the following January 31^st. Renewal notices will be sent out prior to this.

Membership may be lapsed for 1 calendar year and resumed for the published membership fee. If membership is lapsed for more than 1 calendar year then the joining fee and induction will be required.

A Member may terminate their membership at any point and have their deposit returned 7 days after their last booking, assuming no fees or deductions are due. Membership fees are non-refundable.

Bookings can be made without membership and that fall in the next membership period, however no Charter can commence unless valid membership is held. Bookings that cannot be taken due to not holding valid membership shall not be entitled to any refund.

Termination by Take a Turn Yachting Ltd

Take a Turn Yachting Ltd my terminate membership if the member is in breach of the Terms and Conditions, for being reckless or irresponsible. I the case of Take a Turn Yachting Ltd terminating membership, future booking fees will not be refunded, the deposit will be returned with in 7 day assuming no fees or charges are due. Membership fees are non-refundable.

Damage Deposit

Take a Turn Yachting Ltd requires a deposit of £1200 in cleared funds before a booking commences. This deposit is used to ensure the equipment is treated with respect and care. Any damage to the vessel will incur deductions from the damage deposit. Deductions will also be made if the damage caused causes a vessel to be out of service.

In the case of joint members the Skipper signing out a vessel will be responsible for the damage deposit on the day.

Deductions/fees

Late return – £100 per hour or part thereof

Grounding/prop damage- £1200

Recovery of vessel after grounding and abandonment – £1200 + loss of income

Cleaning (if returned in an unacceptable state–fish guts, blood, food waste etc)- £150

Refuelling – £30 + cost of fuel (at Mylor pump prices)

Reckless or irresponsible operation of the vessel (including exceeding harbour speed limits)- £1200 + loss of membership

Equipment damage – Charged accordingly

Un-necessary use of CAT C first aid kit – £60

Un-necessary activation of a lifejacket – £40

The damage deposit will be returned 7 days after your booking. If you are regularly chartering boats and wish to leave your deposit with Take a Turn Yachting please discuss this with us. Deposits can be returned at any point so long as 7 days has elapsed since the customers last booking.

Collection of the Vessel

Upon collecting the vessel the customer will be required to sign the vessel out for the agreed charter period. Signing out will include a contact number for the charter period, the number of passengers onboard, a proposed plan in case of emergency, agreeing the condition of the boat and fuel level onboard. Any defects, damage or missing equipment must be noted on the sign out form. In the case of missing equipment if it is deemed to be part of the essential safety kit then the vessel must not go afloat until it is replaced.

The Skipper for the day is responsible for briefing the Crew on the safe operation of the essential safety kit onboard and any relevant responsibilities a Crew member may be reasonably expected to perform while afloat.

Ensure the chart plotter track has been cleared prior to leaving the pontoon and must be left as one track for the entire charter period.

Returning the Vessel

Upon Returning a vessel the Skipper is responsible for signing the vessel back in. Signing in will include reporting any damage, groundings or equipment failure.

Failure to report a problem is more likely to incur a larger deduction to a damage deposit as it reduces the available time to fix problems and source replacement kit.

The boat should be returned with the fuel tank full and in a clean and tidy state.

Dogs

1 well behaved dog is permitted onboard, save with the express permission of Take a Turn Yachting Ltd. The customer is responsible for providing any safety equipment relating to dogs and appropriate bedding, blankets or other coverings they would like to prevent damage to the vessel.

Daily Operation of the Vessel

The Skipper is responsible for the safe operation of the vessel and should insure all members of the Crew are fully briefed on the plan for the day, use of safety kit and what to do in an emergency situation. The Skipper is responsible for monitoring conditions on the day and modifying their plan to reflect the conditions, speed and manoeuvres should be considered carefully as sea state, weather and viability changes.

Prohibited uses

Should a Skipper be found to be participating in a prohibited activity, membership will be immediately terminated, the damage deposit and any costs of future bookings or pre-paid days will be lost in total and the Skipper shall be 100% responsible for any damage caused to the vessel, third party vessels and persons and their Crew.

Any illegal activity is strictly prohibited.

Towing of inflatables, water skiers, wakeboarders, hydrofoils or similar is prohibited, Take a Turn Yachting Ltd is NOT insured for this activity.

Laying of pots or trawling of nets is prohibited.

Diving using contained or piped air is prohibited.

Using the vessel after the published sunset time for the day, or before the published sun rise.

The boat must not be used for Stag or Hen dos without the express permission of Take a Turn Yachting Ltd.

Conduct and Behaviour

Anyone who in the opinion of the staff of Take a Turn Yachting Ltd is likely to cause harm to themselves, their Crew, a Staff member, other water users or equipment and property shall not be permitted to go afloat.

Alcohol – the skipper of a vessel is strictly prohibited from consuming alcohol. It is highly recommended that other vessel users remain below the UK drink drive limit, alcohol consumption and boats is strongly discouraged. Anyone who appears intoxicated or drunk will not be permitted to go afloat.

Drugs- any evidence of illegal drugs being taken or being present will result in a booking being terminated with immediate effect and a total loss of the damage deposit and any future booking costs.

Smoking – Smoking is prohibited on board.

Take a Turn Yachting Ltd will provide details of a Skipper to the Police, Harbour Authority, MAIB or MCA if a vessel has been linked to an incident or is reported in breach of regulations.

Liability

Take a Turn Yachting Ltd is insured for public liability but will not be responsible for any loss, damage, injury or death to the Crew or possessions however caused save where gross negligence on the part of a Take a Turn Yachting Ltd employee can be proved. The Crew use the vessel entirely at their own risk, any new water users must have the risks explained to them by the skipper on the day.

Capacity and area of operation

The area of operation may vary based on the conditions and experience of the customer. The maximum area of operation locally is shown in annex 1.

If a vessel has been chartered for use elsewhere in the UK the area of operation must be agreed in writing prior to delivery of the vessel.

The maximum capacity of a vessel can be found on our website, the Skipper is responsible for ensuring the maximum capacity of a vessel is not exceeded.

The area of operation must always be viewed relative to the tidal activity. The Skipper is entirely responsible for correctly interpreting the tidal data for the time afloat.

Confirmation

By paying the membership fee you agree to abide by and ensure the Crew taken afloat abides by these Terms and Conditions.

This agreement is governed by the laws of England

Take a Turn Yachting Ltd, Mylor Yacht Harbour, Falmouth, TR11 5UF

Registered address: C/O Lang Bennetts, Bickland House, Bickland Water Road, Falmouth TR11 4SB.

Company Number – 14612863

Annex 1.

Limit of Cornwall Council boat licencing.

The Vessel ‘Tide the Knot’ is licenced to operate in Categories ‘C’+’D’.

The outer limit of this is:

SUMMER (1^st April-31^st October): A line from St Anthony’s Head to Nare Point

WINTER (1^st November – 31^st March): A line from St Anthony’s Head to Rosemullion Point