Member’s Liabilities when Sailing on the TOMs
This is a change to the published terms and conditions when sailing on the TOM 28 yachts at RCNC
Responsibility for costs to repair damage incurred when sailing TOMs
After long discussions between the boating officer and the manager of Real Club Náutico Calpe, agreement has been reached regarding the limit of responsibility for damage that the CBYA is responsible for.
RCNC have agreed that damage caused by circumstances that could not be avoided when sailing are the responsibility of RCNC and they will mitigate any such costs by claiming on their insurance policy. However, they will not accept minor costs incurred through bad seamanship and these remain the responsibility of the CBYA. The important difference is that RCNC has now agreed to limit CBYA responsibility for accidents resulting in repair damage costing up to 450€
The CBYA committee feels that the onus of responsibility should no longer fall on the sailing members and the CBYA will therefore now fund the cost of all minor repairs. Members will no longer be asked to pay for any damage to the TOMS, nor to lodge a deposit 100€* to offset any damage that they may cause, but instead will be required to pay a 5€ damage waiver to the CBYA each time they book to sail on the TOMs. This will be used to cover the cost of any possible future minor damage to the TOMs caused by CBYA members.
I hope you agree that this is a good outcome for the club, and is a result of a lot of hard work and negotiation between the CBYA and RCNC
*Those members who paid 100€ deposit have been offered a refund.
The TOMs Terms and Conditions will therefore be altered as follows…
Claus 3. will be removed and replaced with the following:
-
- The CBYA will lodge a deposit with RCNC, which will be used to cover the costs of any minor damage caused to the TOMs by the CBYA. Members of the CBYA sailing on the TOMs will pay an amount of 5€ when they book to sail, and this non-refundable waiver will be used to build up a fund to cover the costs of any damages.
Below is a link to the TOMs Terms and Condition.
https://cbya.org/wp-content/uploads/2024/06/TOMS-Term-and-Conditions-V2.pdf
Thank you for your time
CBYA Boating Officer
Well done , great result for all concerned.