# Charter company dilemma, need advice!



## knokoff (Jul 2, 2002)

I just returned from a two week bareboat charter. Long story short, the 38'' sail I had chartered had a 2 foot+ rip in the main sail. I discovered this after motoring several hours on the way to Catalina Ca. Not wanting to be responsible for damage, I did not use the sail. I notified the charter company immediately upon mooring, they suggested "I could return to the marina for a repair, they could have it repaired in half a day". The problem is even if the repair could be made that quickly, I would still loose 3 days of my vacation. 

We stayed where we were and had a great time. However sailing was to be a large part of our trip.

Question is, Am I due some sort of compensation, and if so what is fair and appropriate?


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## TSOJOURNER (Dec 16, 1999)

First, best of luck.

Since you had motored, as you say, several hours away from the marina, there is little chance you have of proving that you did not do the damage yourself. Next time - inspect all sails before leaving the dock. (They can be unlashed and looked at while still on the dock - trouble is, most charterers don''t use them at all and you''ll be asking for a face full of bugs and dust.) Now, how would you lose three days of your vacation by returning to the base? Did you not choose bareboating as your vacation so you could sail? I thought you said that sailing was to be a large part of the trip? If you had returned to the base to have the sail repaired or replaced, seems to me you could have spent much more of your vacation time sailing. It also seems to me that if you had returned to have the sail repaired or replaced, you would have received some most excellent complimentary treatment, whereas now you are just someone who probably ripped the sail raising it and is trying to get out of paying.

Long story short, if you want to motor, don''t bareboat. (Are you aware that you are allowed to have the sails up and still have the motor on?) The marina or charter company offered you a fix for your situation and you didn''t take advantage of it. Read your contract, but I don''t think they have to compensate you for a thing now that it''s all over with. And if you had a great time with that little knowledge, why complain? 

Wish I had the money you spent,
MaryBeth


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## TSOJOURNER (Dec 16, 1999)

Ahoy Knokoff,

As far as motoring goes, ignore the criticism. I believe many sailors motor to Catalina from ports to the east or southeast, as the wind is usually on the nose, or thereabouts. 

Most of us have motors in our sailboats. Some use them more than others. 

You gave us the "long story short" version, but I think more facts are needed to get any meaningful advice from any of the experienced folks on these boards. But if you can''t prove the sail was previously damaged, why waste the energy? Was anything documented?

The only good thing about poor documentation in this situation would be if the charter company came after you for the sail repair or replacement. You don''t have to prove you didn''t damage the sail, they have to prove you did.


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