1.0 GENERAL TERMS AND CONDITIONS
1.1 These terms and conditions set out herein represent the agreement entered between Angelasails.com and Owner who desires to procure the services of a Delivery or Race Skipper.
1.2 It is agreed within the terms of this contract that by signing or returning this document in a completed form by email, the Owner offers the yacht for delivery or race (hereafter: delivery) on the agreed commencement date, as follows:
In commission and ready for sea
- All machinery and gear fully serviced, maintained and in full working order. A spare Belt, oil-filter and oil cannister are onboard
- Standing and running rigging fully serviced, maintained and in good working order. Sufficient sail ties and spare lines are onboard
- Sails in good working order, of sufficient quantity and appropriate for the passage to be undertaken. A sail repair kit is onboard
- All offshore safety equipment in service; including but not limited to an in service life-raft & flares, fire extinguishers and man-overboard recovery gear
If the Owner is not able to confirm the above the Skipper will do the check upon arrival at the yacht. When the yacht appears to not be ready for sea, every effort will be made to bring her in that state.
1.3 Angelasails.com shall not be bound to this contract until
- All items referred to above are ready
- All relevant documents are signed and in Angelasails.com’s possession
- The initial invoice has been paid
- A letter of authorisation to move the yacht from its present location to its destination has been received
1.4 Nothing in this agreement shall relieve the Owner of his responsibility at all
times for
- The safety and condition of the vessel
- Any liability incurred by him to any third party as a result of delay, deviation or termination in delivery of the vessel
- His liability for all losses and expenses incurred in respect of the vessel during the delivery
2.0 FEE AND TRAVEL TIME
2.1 The day rate for the delivery is confirmed via email
2.2 This day rate also applies to travel days
2.3 This day rate is excl. all expenses like travel, food, diesel, marina fees and any other costs that may occur
3.0 ANGELASAILS.COM RESERVES THE RIGHT TO
3.1 Deviate from the proposed route if necessary and if in the interest of the safety of the vessel or crew
3.2 Terminate this contract before arrival at the port of destination in the interest of safety of the vessel or crew
3.3 Terminate the contract and reissue an alternative contract if the owner’s wishes to change or amend the delivery details
3.4 Put a lien on the vessel for all monies payable under this agreement and any other claim against the owner arising out of or in connection with this agreement, and Angelasails.com shall have the right to arrest the vessel in any country for the enforcement of any such claim
3.5 Add additional safety equipment and make repairs to the vessel in order that the vessel be made seaworthy and will reserve the right to make additional charges in respect thereof. Any additional costs will be pre-approved by the Owner
4.0 ANGELASAILS.COM AGREES TO
4.1 The selection and allocation of the crew for the purpose of the voyage
4.2 Arrange for the transportation of the crew to and from the vessel unless otherwise agreed with the Owner
4.3 Activate a Garmin Inreach Satellite phone for additional safety, if not provided by the Owner. The Owner will be charged € 80 subscription fee for the duration of the voyage
4.4 Undertake the voyage in a responsible manner and deliver the vessel in a clean, secure and safe condition
5.0 CANCELLATION
Should the delivery be cancelled by the Owner, whatever the reasons may be, the Owner shall be liable to inform Angelasails.com per email about the cancellation without delay. The Owner shall be charged for the cancellation in the amount of:
- Up to 50% of the full delivery price if the cancellation has been done up to 30 calendar days prior to the starting date of the delivery
- Up to 100% of the full delivery price if the cancellation has been done less than 30 days prior to the starting date of the delivery
- Up to 10% of the full delivery price if the Owner or Angelasails.com have managed to find another delivery for the cancelled period
6.0 LOSS OR DAMAGE
6.1 The Skipper is not responsible for normal wear of the vessel, her gear or equipment, not for any failure of the vessel or equipment whilst under prudent operation, nor is Angelasails.com responsible for losses or damage due to piracy, war, government action, industrial action, acts of God including storms, lightning or other natural phenomena
6.2 The Skipper is not responsible for damages to the vessel or crew or for the termination of the voyage due to causes of safety
6.3 Owner agrees to indemnify and hold harmless Angelasails.com from any and all demands, claims, suits, causes of action, damages, losses, penalties, and/or expenses including attorneys fees, arising out of or resulting from Angelasails.com’s performance of the work required, regardless of whether such demand, claim, suit, cause of action, loss, penalty, or expense is incident to and arises out conditions or omissions permitted or acts performed by any indemnity
7.0 DELAYS
7.1 Additional days beyond the control of Skipper in excess of allocated time for delivery will be charged at the daily rate including all additional expenses (marina fees, fuel etc).
7.2 In the event of the voyage being delayed or terminated due to breakdown, defects, hostile acts, disputes, adverse weather conditions or any other reason beyond the control of the Skipper, the Owner shall be charged the agreed dayrate until the voyage continues or is terminated
7.3 It shall be the sole responsibility of the Skipper to delay the voyage on account of adverse weather conditions or to put the vessel into any marina on account of (anticipated) weather conditions
7.4 If in the opinion of the Skipper the vessel is not fit and ready to leave on the agreed date, the day rate will be charged for every day delayed
8.0 PAYMENT TERMS
8.1 The owner pays an agreed upon deposit for expenses and this should be in the account of the Skipper at least 3 days before the start of the delivery
8.2 The owner agrees to pay 50% of the total (expected) fee at least 3 days before the start of the delivery
8.3 The balance of the day rate, expenses and any delays incurred is payable on presentation of account within 5 days after receival of the invoice by the Owner
9.0 EXCLUSION OF LIABILITY FOR LOSS OF PROFIT ETC.
Angelasails.com, the Skipper or Crew shall not, in any event, and to the extent permitted by the law, have any responsibility for any increased costs or expenses for any loss of profit, business, contracts or anticipated savings or for any indirect or consequential loss incurred as a result of or in connection with any service, whether resulting from tort, breach of agreement or otherwise
10.0 GENERAL
10.1 Skipper and crew are responsible for the boat from the moment they board until the handover to the Owner or Broker at the final destination. Angelasails.com nor its Skipper or crew will be responsible for damages, defects or deficiencies reported after completion or termination of the contract
10.2 Upon arrival at the vessel on day 1 Skipper and Crew are allowed to buy breakfast, lunch and dinner and invoice the Owner. Upon arrival at their final destination Skipper and Crew are allowed to buy dinner to celebrate the completion of the delivery and invoice the Owner
10.2 The vessel shall not be used to carry or transport goods or items that would contravene any law or customs regulation of any country whose waters the vessel may pass through
10.3 The validity and performance of this contract shall be governed by the law of The Netherlands, and any legal proceedings in relation to such contract shall be made to the Dutch courts
10.4 In the event that the delivery cannot be completed Angelasails.com reserves the right to retain funds deposited and invoice the owner for charges in respect thereof
10.5 This agreement constitutes the entire agreement between the parties and supersedes all prior understandings and agreements
I have read and agree to the conditions within this contract
Name Name
Signature Signature
Angelasails.com 