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Subscription Sailing is not about seeking to limit your enjoyment. The clear rules as set out, (which are largely the Terms and Conditions of Subscription Sailing) are common sense.The nature of the scheme means that these are designed to give fair and reasonable access to your yacht in excellent condition at all times.
1. Yacht use must be in accordance with IRPCS (collision regulations), National & Local laws and Bye-Laws, as applicable and to comply with all orders and directions given or made by any person in authority in that behalf. Not to do or omit to do any action or thing whereby the yacht may become liable to arrest or detainment. 2. The Yacht must not be used for Racing. 3.Singlehanded sailing. The Yacht must only be sailed between the hours of sunrise and sunset local time and only for a cumalative total of 50 nautical miles per day unless she is manned by at least two people of adequate physical strength at least one of whom is competent to be in command. 4. The Yacht is insured for use within English Channel only and Subscribers may not take the Yacht beyond it's insured cruising Area. 5. Your allocation of time always commences 8.00 am (08:00) on the first day of your allocated session. The Yacht is always to be returned to home berth and vacated by 9.00 pm (21:00) on the last day of your session of use, or on daily use. 6. The Subscriber must not leave the yacht unattended at any time whilst at anchor. 7. The Subscriber must secure all equipment on board at all times, including the vessel's inflatable dinghy. 8. The yacht must always be left securely locked and immobilised whilst in port and all loose deck equipment stowed below. 9. The Yacht must always be completely cleaned and stowed prior to vacating. 10. All Consumables used should be replaced prior to vacating Yacht. 11. The Subscriber remains responsible for all mooring fees, levies, water Taxi and any other sailing charges incurred whilst using the yacht, other than the costs of being moored in Chichester Marina. 12. Accidental or negligent damage is the responsibility of the Subscriber. Minor items by replacement, Larger incidents will be deducted from security deposit and then charged to the subscriber to maintain a constant £1,000 deposit. 13. 27. Subscription Sailing undertakes to refund any reasonable expenses incurred during the Subscribers allocation of use, properly incurred by the subscriber, replacing any item of equipment attached to the yacht or it’s inventory which breaks (other than through the subscribers fault) or becomes faulty through fair wear and tear. 14. Items of concern and observations regarding any item of the Yachts fixtures, fittings, equipment or standards of cleanliness should be brought to the attention of Subscription Sailing as soon as practicable. 15. All damage and breakages to be reported to Subscription Sailing at the earliest opportunity. 16. Sailing plans should always have due regard to forecasts and prevailing conditions and whilst every effort should be made to return to home port by due date and time, if for extenuating reasons (e.g. for extreme adverse weather conditions), you are concerned that you may not be back when due, the subscriber must notify Subscription Sailing at the earliest opportunity. Excessive and continued late return will affect other users and therefore the tardy subscribers access may be terminated. 17.At all times the yacht should be sailed with skill, judgement, common sense and requirements of good seamanship and with due regard to the yachts return date. 18. Without prejudice, Subscription Sailing may direct any Subscriber not to take the yacht out in dangerously bad weather, even if this may lead to the yacht being returned late. 19. All subscriptions to be paid monthly by regular standing order. Failure to pay on time will lead to suspension until paid. Subscriptions will remain due, regardless of suspension. Continued non-payment will lead to balance of contractual obligations sought through Legal process (small claims court). 20. If the yacht is exceptionally unavailable for use during the Subscribers allocated time Subscription Sailing will refund pro-rata, or if available, offer alternative use. Refund or substitution of use to be at Subscribers choice. Subscription Sailing will not be liable to losses beyond the cash value of the subscription. The value of days lost is 1 x weekend day = 2 x weekdays. If the unavailability is caused by another subscribers late return or negligent use the refund cost will be charged to the Security Deposit account of the negligent user. 21. All subscribers must have, and provide documentary evidence of, satisfactory relevant sailing experience. A minimum practical experience level of RYA Day Skipper (Tidal). All subscribers must be acceptable to Subscription Sailing's insurers. 22. Subscribers are not permitted to sub-let their rights in any way. The approved Subscriber must be in command of the yacht and remains responsible throughout the period of access. 23. Subscribers CAN swap access with other Subscribers by mutual consent. Subscription Sailing must be advised of all such "swaps" of allocation use. 24. Subscribers may not allow to be brought aboard any restricted or illegal goods whatsoever. 25. In the event of the Yacht being in involved in a collision with a third party that results in damage occurring, not to admit any liability to any person and to record the incident promptly and fully, including the name of the other vessel, skipper, boat type, position, date, time, estimated speeds, wind strength and direction, tide direction and speed, depth of water, details of witnesses and if possible photographs. 26. Subscription Sailing reserves the right to change these terms and conditions provided 30 days notice is given. If the Subscriber feels that any new rule or condition materially affects their rights of use, causing an unacceptable restriction on their sailing access, by mutual consent, the subscription may be terminated. 27. Subscription Sailing undertakes to deliver the Yacht to the Subscriber at the Home Berth shown in the Subscription agreement in a good and seaworthy condition complete with all items listed in the yachts inventory. To insure and keep insured the yacht against fire and all usual marine risks, collision risks including third party risks as Subscription Sailing deems appropriate. In the event of a claim on such insurance policy, policy excess shall be payable by the subscriber. 28. These rules are deemed to be in accordance with the Laws of England and parties submit to the exclusive jurisdiction of the English Courts
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