Join Date: Apr 2009
Thanked 0 Times in 0 Posts
Rep Power: 0
The charter agreement required me to "certify" I was "experienced and competent in handling and operating a vessel of the type chartered" and that I was "qualified" to charter the boat. In this case it was a 48' Fontain-Pajot.
I told the charter company I wasn't experienced in such vessels and would not sign the agreement. I asked that the wording say that I had provided my sailing resume to the Owner in writing in advance, and that the Owner may take a qualification sail with me prior to the charter. Following such sail the Owner may provide a captain or sailing instructor at his expense.
In other sections I had already agreed to return the boat in good shape, and to indemnify the owner. There was no need for more guarentees as to my seamanship or piloting, particularly since Hurricane Bill was rolling in during my charter week. The indemnification provision had me indemnifying the Owner for any act that exposed him to liabiity, not just a negligent act. On reflection, I should have asked for that change too (change "any act" to "any negligent act").
I was getting a deal since the boat had been the subject of a cancellation and lost deposit. I was going to charter a monohull, which was smaller and cheaper. My 4 kids and I loved the cat, which was spacious, stable, etc. I got it up to 9.5 knots in 20-22 knots of wind no reefing needed, but in general I could not keep up with 35-40' monohulls around me especially in lighter air.