The Classic Sailing Club is for people who want to sail classic yachts without the full responsibility of ownership. Club yachts are solely for the use of Members and their crew and as such are shared by a limited number of people for their pleasure and enjoyment. Club yachts are regularly maintained and kept in such a condition to make the experience of classic yacht sailing as enjoyable and safe as possible.
Sailing on open waters or tidal rivers can be a dangerous activity and requires knowledge and skill. Members are required at all times to keep in mind their responsibility to their crew and the Club as to the safety and care of their yacht for the duration of a passage.
All yachts carry the requisite safety equipment for the stated number of persons and meet the requirements of the MCA's Code of Practice for small commercial sailing vessels. Should a Member experience difficulty at sea that endangers the safety of his crew or the yacht, they should contact the local coastguard agency for assistance as may be required.
Club members should use their own discretion as to the seriousness of a given situation and act in accordance with good seamanship and practice. The Club does not operate a recovery service and cannot provide assistance at sea.
You will be sailing classic timber-constructed yachts in the waters of the east coast of England and its adjoining waters. As such, you will experience in full all aspects of traditional yachting including tidal sailing in the rivers of Norfolk, Suffolk and London River. The yachts were built and are maintained to withstand the rigours of offshore sailing and they offer a unique experience. Nonetheless, they belong to a delicate breed that requires considerable care and attention from those into whose care they are entrusted. You will wish to treat them as you would any other "classic", with appropriate recognition for their age and pedigree, and to leave them in the condition in which you would like to find them.
Every effort is made to ensure that all yachts are at all times in first-class condition as befits their age and heritage, but breakages and failures will nonetheless occur from time to time. These will often be within your capabilities to deal with effectively, but on occasion you may find your plans disrupted. This is an inevitable consequence of the effects of time and tide, and it represents the only downside to our focus on the traditional and on a less clinical, more authentic approach to yachts and yachting.
It follows that your understanding will sometimes be required and it is in this spirit that your membership of the Club is accepted. We cannot be responsible for the limitation that classic craft bring with them, but we shall do our best to help you deal promptly with any problems that arise.
The use of yachts shall be at the risk and responsibility of Members and their crew, who shall at all times have regard to the rules of good seamanship and the requirements and limitations of the yachts and their crew. As with any sailing adventure, these decisions to set sail or to continue on passage will also lie with the skipper alone. Any input we may have into passage planning will neither dilute this responsibility nor engage our responsibility for the contemplated passage.
Each period of use shall constitute a separate charter of each yacht by the Club (Classic Sailing Club Ltd) as operator, to the Member as charterer, on the following terms:
1. Safety and Operation
1.1 The Member warrants that he and his party have the necessary experience and competence to handle the chosen yacht safely. Yachts are to be sailed at all times with at least two persons on board, that being a minimum of one Member and one crew. The following yachts are to be sailed with no more than the indicated numbers of persons on board:
1.2 The Member shall neither use the yacht for any purpose other than private pleasure cruising for himself, his crew and guests, nor race the yacht without the prior written consent of the Club.
1.2.1 If yachts are to be raced an additional insurance premium will be charged and the Club may ask for a larger security deposit.
1.2.2 Even when racing the member should be mindful that club boats are not intended to 'be raced to destruction to pursue victory at all costs'. Proper care should still be taken to sail in a manner which keeps rig and hull streses within reasonable bounds.
1.3 Members shall throughout each period of use ("Period of Use") take full responsibility for the safety and maintenance of the yacht and its equipment at all times even when unattended, and observe all applicable rules, regulations and laws.
1.4 No animals are permitted on board yacht(s) without the prior written consent of the Club.
1.5 Yachts are not to be deliberately dried out or stranded.
1.6 Prior to delivery of any yacht to a Member, the Member or the Club may require a seatrial of up to one hour’s duration and if the Club is not satisfied as to the ability of the Member and his party to handle the yacht safely it may terminate this Agreement and the provisions of Clause 3.5 shall apply.
1.7 Any incident that involves the sending of a distress signal should be reported promptly to the Club and entered in the yacht’s log. Members should be fully conversant with the accepted method of sending both Pan Pan and Mayday calls and should hold a current paid-up marine VHF licence.
1.8 Members should never leave safe haven without first checking the local weather forecast. Yachts should not be taken out to sea if that forecast predicts wind strengths in excess of Force 6.
1.9 Any breakage, gear failure, and mechanical problem should be notified to the club as soon as possible.
2. Membership, Points, Bookings and Security Deposit
2.1 Each Member's membership of the Club shall commence on the date on which the Member's payment of the Joining Fee shall be acknowledged by the Club following receipt.
2.2 Each Member shall in addition purchase Sailing Points for Entry Level, Gold or Silver as the Member shall select, and as detailed on the Club's website from time to time. The Club reserves the right at its absolute discretion to alter the Annual Joining Fee and the Membership Fees from time to time, but without retroactive effect.
2.3 All points are to be used in the membership year, being ithe 12-month period following the Club's acknowledgement of purchase of Sailing Points.
2.4 Membership shall renew automatically from year to year in the absence of written notice of termination by either party to the other two months or more before the end of the membership year.
2.5 Should a Member make an arrangement to book a yacht or berth for any Period of Use and then not take up that Period of Use or decide to cancel it for any reason, the applicable points will be forfeited.
2.6 When making a booking, Members are to file a passage plan giving details of the crew and proposed passage and its duration. Approval of the plan in no way places the Club or its directors in a position of responsibility for Members and/or their party for their passage, but the Club reserves the right to refuse a passage plan on the basis of possible weather problems or the experience of the Member or crew on a particular yacht or generally. "Strange things happen at sea" and the Club is obliged also to reserve the right to alter, curtail or cancel a booking or restrict cruising limits at any time if in its discretion it considers that the safety of the yacht or her crew might otherwise be at risk. The Member shall have no recourse against the Club in this regard, whether for wasted points or otherwise.
2.7 Points are not transferable. Yachts must at all times remain in the sole charge of the Member making the booking and cannot be taken out at any time by any other person. Members may not transfer their points on any basis whatsoever. Members who are found to have disregarded this rule will have any remaining points or bookings withdrawn and their membership terminated.
2.8 Periods of Use may be booked as follows:
advance booking arrangements may be aplied at the discretion of the Club:
2.9 Members are to lodge with the Club a Security Deposit of £500 prior to the start of the Member's first Period of Use. The Club may retain and apply the Security Deposit in reduction or extinction of any liability of the Member to the Club, without prejudice to the right of the Club to recover any unsatisfied balance of such liability The Security Deposit, or any balance remaining, shall be returned to the Member within 14 days of expiry of his membership or, in the event of a dispute, upon the determination of such dispute.
2.10 Before the start of each Period of Use, the Club and the Member shall complete and sign a Schedule in the following format:
Yacht name [ ] Type [ ] LOA [ ]
2.11 The club reserve the right not to accept bookings for bareboat charter of value less than 20 points.
3. Moorings, Tenders and Expenses
3.1 Our yachts are kept on swinging moorings and as such access to them is by Club tender to be taken from the hard at Pin Mill by members and rowed or motored to the moorings. Tenders can be towed or left on the mooring for collection on return. Members are expected to make their own arrangements for travel to and from their yacht.
3.2 A tender outboard engine can be supplied at a hire of 1 point per day. Outboard engines are to be stowed on the yacht at all times when not in use and not at any time towed on the tender. On return, tenders are to be returned to the Club's premises.
3.3 By prior arrangement with the Club and for an agreed charge, Members can arrange to collect their yacht from Wolverstone Marina. Yachts collected from a marina must be returned to the same marina on return. This arrangement should be made when making the booking. In addition members are liable for the marian fees which very with lenght of boat and duration of stay.
3.4 The Member shall pay all running expenses incurred during the Period of Use and shall be liable for any consumables not restored to handover levels on redelivery. The Club shall be entitled to invoice the Member monthly or at the end of each Period of Use for all materials, supplies, services, damage or liabilities incurred by or on behalf of the Member or any member of his party and the Member shall settle such invoice(s) within 30 days or before the next Period of Use (whichever shall be the earlier), failing which the Club may decline to allow the Member any further Period(s) of Use and suspend membership.
3.5 By prior arrangement with the Club and for an agreed charge, Members can arrange to have yachts provisioned in advance. Provisions can be collected at the Club's premises or may be deposited onboard.
4. Delivery and Redelivery
4.1 Yachts shall be delivered to the Member at the start of each Period of Use in good and seaworthy condition in compliance with the MCA's Code of Practice for the safety of small commercial sailing vessels.
4.2 The Club shall use all reasonable endeavours to deliver the yacht to the Member in this condition at the agreed time and place. In default, its liability shall be limited to a pro rata return of points for any period of more than 4 hours for which delivery is delayed. If delay exceeds 25% of the Period of Use, the Member may treat the Period of Use as cancelled. The Club shall thereupon return the Points but shall have no further liability to the Member in respect of curtailment or cancellation including, without limitation, liability in respect of any indirect, consequential or financial loss, or loss of use or enjoyment.
4.3 The Member shall, at the end of the Period of Use redeliver the yacht to the Club at the Port of Redelivery or such other place as may be agreed between the parties, cleaned, in the same condition as on delivery (fair wear and tear excepted) and with her inventory complete. If the Member fails so to redeliver the yacht, he shall be liable for a sum equal to twice the value to the Member in points of each day or part thereof by which redelivery is delayed unless such delay is caused by the operation of an insured peril or other circumstance beyond the Member's control, and the Member shall also be liable for any redelivery costs.
4.4 Periods of Use shall start and end at 09.00 and 18.00 respectively, save for Periods of Use of 1 week or more which shall start and end at 16.00 and 09.00, unless alternative prior arrangements are agreed in writing with the Club.
5. Insurance and Liabilities
5.1 Yachts shall be insured on terms of the Institute Yacht Clauses or comparable for their full value with third party damage cover of at least £2,000,000 and subject to a policy deductible no greater than the Security Deposit.
5.2 Members shall indemnify the Club in respect of any loss or damage to the yacht or any other expense or liability arising out of or in connection with any act or omission of the Member or his party which is not for any reason covered by the yacht's insurance, including any part(s) of any expense for liability falling within any insurance deductible.
5.3 The Club shall have no liability for death or personal injury suffered by the Member or his party unless caused by its negligence or wilful default.
5.4 The Member shall neither take the yacht outside the cruising limits nor do any other act which may vitiate the yacht's insurance or prejudice the Club’s right to claim thereunder.
5.5 In the event of damage to or failure of the yacht or any incident involving a third party, the Member shall at the earliest opportunity (ie. if at all possible during the Period of Use, on the day of discovery of such damage or failure, by mobile) report such occurrence to the Club and shall comply with all instructions given.
5.6 In the event of major damage to the yacht during the Period of Use involving a claim on the yacht's insurance or in the event of a breakdown of gear or machinery rendering the yacht unseaworthy and/or unusable, a pro-rata refund of Points will be made for the period during which the yacht was unseaworthy or unusable provided that neither the Member nor his party caused or contributed to the damage or breakdown and provided also that the Club shall not be liable to the Member for any other compensation whether for indirect, consequential or financial loss, loss of use or enjoyment or otherwise, save where damage or breakdown is caused by the negligence of the Club and results in death or personal injury.
6.1 Save as otherwise provided in these Rules, the Application Form or the Club's website, and subject to the statutory rights of the Member, these provisions shall exhaustively and exclusively govern the rights and obligations of the parties.
6.2 These Rules are subject to English law. All disputes shall be referred to a sole arbitrator to be appointed by the President for the time being of the Yacht Charter Association and the provisions of the Arbitration Act 1996 shall apply.
6.3 The Club may, at any time by notice in writing
to the Member, alter these Rules, the points allocation schedule and
any conditions of use of the yachts, but without retroactive effect.