POLICY AND TERMS OF USE FOR 420 ASSOCIATION BOATS
1 Introduction
The main purpose of 420 association-owned sailing dinghies is that they are to be used for training and events organised by the association. Outside of these times, and at the discretion of the committee, the dinghies may be released for use by eligible association members (subject to the terms and conditions set out below) for use in Yacht associations and Sailing associations throughout the country.
2 Member Use of association boats
420 Association boats may be made available for member use of association boats, at a contribution towards maintenance and upkeep to be set by the committee. Bookings must be made via communication with the Chairperson of the Irish 420 Association by a parent of a member of the association. By accepting these terms and conditions the parent accepts full responsibility for association boats for the duration of the agreement. Boats will only be released to 420 association members with competent sailing skills, i.e. 420 Association members who have successfully completed the Advanced Boat Handling level of the Irish Sailing Small Boat Sailing Scheme (SBSS) or equivalent skills. Taking responsibility for a 420 Association boat requires acceptance of the terms and conditions of booking as specified in this document.
3 Responsible Committee Member(s)
The 420 Association Committee will assign primary responsibility for association boat management to at least one committee member. The designated committee member will have the following duties:
- Facilitate use of association boats by members in accordance with agreed association policy. This includes ensuring that per-session booking is available via the association website in accordance with association policy.
- Maintenance and repair of association boats.
- Receive reports of incidents or breakages involving association boats. Arrange for prompt repair and/or replacement of parts, especially where boats are needed for upcoming events
- Ensure association boats are stored securely and appropriately outside of sailing season. The responsibility may be shared amongst multiple committee members, but the division of responsibilities should be clear. Other committee and non-committee association members are expected to support the designated committee member and to contribute to association boat maintenance and/or repair on request or when a need is apparent.
4 Terms & Conditions of Member use of association boats
The terms and conditions below apply to per member use of association boats.
4.1 Insurance
The Irish 420 Association will take out and maintain a standard small sailing craft insurance policy covering accidental damage up to the estimated value of the boat and third party liability to a limit of €5,000,000 for any one claim. All insurance cover is subject to the terms, conditions, exclusions, warranties and limitations of the Association’s insurance policy in force at the relevant time.
4.1.1 It is hereby accepted and agreed between the Association and the User:
4.1.1.1 It is a condition precedent to the use of the dinghy that the user is a paid-up member of the Association and agrees to be bound by the Rules of the Association and is familiar with and will abide by the Rules of Sailing when using the dinghy.
4.1.1.2 The user is responsible for checking and confirming that at the beginning of the member use of association boats, the dinghy, including hull, mast, spars, sails, dagger board, rudder and tiller and all cleats, blocks, pulleys, halyards, sheets, shrouds and ancillary equipment are in good serviceable order and repair. Any deficiency should be brought to the attention of one the following committee members:
- The Committee Member in Charge
- The 420 Association President
- The local association 420 Association Committee member
If none of these committee members are present/available at the time of rigging, the member may ask another adult (not sailing with the user) to confirm and witness any deficiency in the condition of the dinghy.
4.1.3 At the end of the member use of association boats, the user will report without delay(as reasonably practicable and no later than 24 hours after any incident likely to give rise to a claim) any damage/fault with the dinghy which may require attention and will accept that any such damage occurred during his/her use of the dinghy. Such a report should be made to:
- The Committee Member in Charge
- The 420 Association President
- The local association 420 Association Committee member
If the dinghy is being returned in the same good condition in which it was issued, the user is recommended to ask one of the committee members at the time of handing back the boat to confirm the good condition of the dinghy. This avoids any risk to the user that any damage discovered later is mistakenly attributed to the user. If none of these committee members are present/available at the time of derigging, the member may ask another adult association member (not sailing with the user) to confirm the good condition of the dinghy.
4.1.4 Users must comply with all applicable insurance policy conditions including safeguarding the boat, prompt reporting of incidents, and not admitting liability or agreeing settlements without Association approval
4.1.5 Boats may only be used within the territorial limits insured under the Association policy unless prior written approval is obtained.
4.1.6 Any liability arising during road transit is the responsibility of the towing vehicle owner/driver and must be covered under their motor insurance
4.2 Damage
In the event of any loss or damage beyond normal wear and tear or any injury which is covered by the dinghy insurance, the user agrees to be responsible for and re-imburse the Association on demand for the costs incurred in repairing, replacing or making good any damage to the dinghy or satisfying any third party claim against the Association, subject to an overall maximum of €200, being the excess on the Association insurance policy for the dinghy. The €200 limit applies only where the loss is recoverable under the Association insurance policy. Where insurance cover is declined due to breach of this agreement, reckless conduct, wilful misconduct, or breach of insurance policy conditions by the user, the Association reserves the right to recover the full uninsured loss from the member who accepts the terms of this agreement.
4.2.1 The Association accepts no liability of any kind, howsoever arising, in respect of any personal injury, loss or damage to the user arising either directly or indirectly from his/her use of the dinghy and it is recommended that the user effect and maintain his/her own personal accident insurance.
4.2.2 In the event of any dispute or disagreement arising in regard to usage of the 420 association boats, the interpretation of the Association policy and/or this agreement and/or the damage to a dinghy following a period of use, the matter will be referred to an ad hoc adjudication committee comprising of the 420 Association President and another person nominated by the 420 Association President who will consider the dispute and whose decision on the matter shall be final.
4.2.3 In the event of damage being sustained to a 420 Association boat and where a damage report is required by the Insurers it is the sole responsibility of the member responsible for the boat to obtain the required damage report/incident report. Failure to supply the required report(s) may result in responsibility for the costs arising to make good the damage falling to the member using the boat and signer of this agreement.
4.3 Loss of Equipment
In the event of any loss of the 420 Association boat in whole or in part the which is not covered by the dinghy insurance, the user agrees to be responsible for and re-imburse the Association on demand for the costs replacing the components of the 420 association dinghy. Sample replacement costs are as follows:
- Spinnaker pole – €190
- Rudder and tiller – €300 to €500
- Spinnaker – €300 to €900
- Jib – €300 to €900
- Mainsail – €400 to €1200
- Road trailer – €500 to €1000
The above list is not exhaustive but provides an estimate of replacement costs of individual components depending on condition and second hand availability of replacements.