Our next topic is the thorny,
controversial, often misunderstood and, to some, the
distasteful question of the Security Deposit.
This is a sum of money, cheque, credit card slip or travellers cheques which
have to be left with the yacht owner/agency to cover losses and/or damage
which are not covered within the limit of the EXCESS on the yacht's insurance
policy.
With a bareboat charter the situation is quite clear - the charterer has to pay
this deposit come what may, but it is in the realms of skippered/crewed charters
that disputes and misunderstandings occur AND IT IS UP TO YOU, THE CHARTERER, TO
ENSURE THAT BOTH YOU AND THE OWNER/AGENT AGREE ON THE SPECIFIC INTERPRETATION
RELATED TO YOUR CHARTER.
At the other end of the charter spectrum, from the plain and simple bareboat
charter, is the fully crewed charter or the berth/cabin charter. Here, there is
no call for a security deposit. If one is asked for - go to another
company/owner ! The responsibility for all losses and damage falls on the crew. Having said that it is obvious that if you break a glass, tear a sheet. i.e. a
domestic misdemeanour, it would be gentlemanly to offer to pay for/replace the
item in question. If the skipper rams a quay, or a crew member breaks the
gangway or gets a rope around the propeller - that is their problem - morally
and financially.
The skippered bareboat charter is the field where there is room for doubt and
disagreement.
If you have basically taken a boat on bareboat basis and then pay for a skipper,
whether for a few days or the whole trip, it is understood that the skipper is
employed by you, albeit that he may be recommended by, or on the payroll of the
owner/agent. In this scenario you have to pay a security deposit.
If the skipper does not come up to your expectations - ask for him to be
changed.
Imagine this scene - the skipper is approaching a quay, and asks you to catch a
line being thrown from the shore. You fail to catch that line, there is a sudden
gust of wind (there always is!) and lo and behold the transom has a large hole
in it. This will not please the owner one little bit. Now then - who pays and is
responsible for the damage - the skipper or you? Each will claim that it was
the other's fault. This is the grey area, the 64,000 dollar question and unless
you have clearly come to a watertight agreement with the agency/owner before the
charter starts, it is not possible to give a universally acceptable, and legal,
answer.
MAKE SURE THAT YOU AND THE
OWNER/AGENT UNDERSTAND EACH OTHER ON THIS SUBJECT.
These days there is often an
alternative to depositing a large cash sum, which can be
quite considerable on a large yacht, and that is the payment
of a
non-refundable "premium" to cover the Security Deposit,
usually about 10% of the actual Security Deposit for that
size yacht.
Don't let a misunderstanding
before you sail result in an acrimonious battle when you
return.
Alexander M. Vournas
