Terms and Conditions

  1. Command of the vessel. The skipper will navigate and command the vessel and will be the sole judge in all matters affecting the safety, circumstances and operation of the vessel.
  2. Capacity.  The maximum number of passengers shall be twelve.
  3. Safety and behaviour.  The charterer and his party will obey the reasonable instructions of the skipper at all times. Charterers and their parties need to be aware that seas are encountered which cause the vessel to pitch and roll and the utmost care must be taken by all passengers to avoid injury due to falls etc.
  4. Damage. The charterer undertakes, and undertakes to instruct his party, to avoid damage to the vessel to the best of their ability.  Where the owner considers any damage caused by the charterer, his party or guests, to exceed normal wear and tear, the charterer undertakes to reimburse the owner for any damage and or loss howsoever caused.
  5. Loss or Damage. The owner, skipper and crew shall not be responsible for any loss or damage howsoever suffered by the charterer, his licensees or guests, in respect of property or for any delay or cancellation
  6. Dive equipment. Divers are responsible for all diving equipment. The Skipper does not accept responsibility for loss of or damage to passengers’ gear, property or valuables whilst on board or in transit, these are the responsibility of the individual and should be on their own insurance cover
  7. Rosguill Charters accepts only whole boat charters. Bookings are only accepted by deposit paid in advance and balance paid on day of trip. When the Charterer books a whole boat charter there exists a binding contract between ourselves (Rosguill Charters) and the person booking the charter (the Charterer)
  8. The payment. For the hire and use of the vessel with skipper shall be the amount shown, paid in two instalments, the deposit and the balance to be paid on the day of charter.
  9. Increases in V.A.T., Fuel costs, Additional or Increased Costs Beyond the Control of the Owner. In the event of unforeseen extra costs to the owner the charterer agrees to pay any reasonable surcharge made necessary in this respect.
  10. Cancellation by the Charterer. If a suitable substitute charterer, acceptable to Rosguill Charters can be found for the same dates, on receipt of full payment from the substitute charterer a full refund will be made.  Requests for substitution of charterer must be made in writing or by e mail. If no suitable substitute can be found, the charterer will be liable for the full charge.
  11. Rosguill Charters reserves the right to cancel a trip due to :

(a) Mechanical failure

(b) Electrical failure

(c) Skipper is indisposed due to ill health or similar

(d) In the opinion of the skipper one or more of the passengers are unfit due to intoxication, physical disability, mental disability or aggression.

In the event of cancellation of (a) (b) or (c) a full refund will be given. In the event of (d) no refund will be given and the full charter price will be due by the charterer.

  1. Loading on dive charters. The carriage of uncommonly large quantities of equipment must be by prior agreement with the owner or skipper.
  2. Supervision. The charterer shall provide sufficient competent persons to supervise all their activities and the use or diving and other equipment, and shall be fully responsible thereof.
  3. Activities of the charter party. The owner/skipper and crew shall not be responsible for any accident or injury caused to any person or persons arising out of recreational or commercial activity or the use of diving or any other equipment.
  4. Dive qualifications etc. Charterers and divers are responsible for the possession of a current diving qualification appropriate to the planned dive and valid certification of medical fitness to dive.
    Charterers & divers must ensure that each individual member of the party carries adequate insurance, or in the case of a Club, ensure adequate Club insurance for the area and the type of activity to be engaged in. Rosguill has full 3rd party and passenger liability insurance, but divers are reminded that this insurance does not cover them whilst diving.
  5. Inclement Weather on dive charters. In the event that the owner or skipper should judge the weather conditions unsuitable or if the owner or skipper should for any reason cancel the charter (except in the case of clause 11 (d) ), any deposit paid will be carried forward to a suitable future date for both owner/skipper and charterer if no suitable date can be agreed a full refund will be given.. The owner or skipper shall not be held responsible for any other expenses incurred by charter.
  6. Inclement weather on angling charters. Due to the shelter afforded in Mulroy Bay from winds of any strength and direction angling charters shall not cancelled due to inclement weather by the skipper. However, if due to inclement weather the charter is wholly undertaken south of Mevagh boatyard there will be a 10% reduction in the cost of the day’s charter. Also, when multiple consecutive angling charters are booked this clause shall only apply on one day. Although Rosguill Charters accepts charterer’s request for specific types of charter, eg, Wreck or Shark, if due to inclement weather only another type of charter is suitable, then that charter shall be undertaken.
  7. The Charterer undertakes to ensure that each member of the charter party is acquainted with and agrees to the terms of this agreement and that no claim of whatsoever nature shall be brought against the owner, skipper or crew or any servant or agent of the owner by the charterer or any member of the charter party.
  8. The Charterer should inform the skipper in advance of any medical condition or special dietary considerations of any of the passengers.
  9. Rosguill Charters has no responsibility for the content of other third party websites of which links appear on any of our websites or for the actions/inactions of the owners/operators of such sites. We make no representations or warranties in relation to such sites or any packages or services provided on or through those sites or the providers of those services.