RJJ
Well-Known Member
"the owner of the vessel engaged in the voyage or excursion may only receive money for, or in connection with, the operation of the vessel or the carrying of any person in the vessel as a contribution to the direct expenses of the operation of the vessel incurred during the voyage or excursion.?
I am more supportive Frans. Caveat I am neither a lawyer not in the trade. Just a businessman.
Seems reasonable in principle (and based on the above quote) to seek contribution to variable costs. These can be variable per capita, or variable linked to miles/days at sea. Definitely food and fuel and mooring fees if attributable to the voyage (but not your home port). Definitely laundry and washing materials. I don't see why, in principle, not to include wear and tear on sails, engine and ropes. Maybe stretching it to allow for wear and tear on the gelcoat every time someone drops a winch handle, or the floorboards when they drop their lifejacket. Hard to include your annual antifoul, engine service and and anode replacement. I don't see how you can charge for the fact you bought a saucepan.
I would argue that you are still some way from running a business. You are still miles from a contribution to cover all your fixed costs, including the depreciation of the main asset, and on top of that to make a profit.
I get where you are coming from. Good for you. It's not for everyone, so other people might be generous and wealthy enough to invite friends for free; others can as guests instead choose to pay thousands for coded charter service and all the advantages that brings. If only more people looked for ways to share the joys and costs of sailing, we'd have fewer unused boats filling our over-subscribed marinas.
Where I come from is a racing background. Plenty of amateur syndicates where there's an owner with a bunch of mates, and they chip in together not only for meals, beers and entry fees, but also for sails. Never once have I heard it suggested that they on a commercial footing.
Where you find friends to sail with is totally irrelevant. Where you could get stuck is that not everyone will understand, as you do, the full extent of the variable costs. Some might think for hundreds of euros/week that it's a commercial arrangement. So to cover your ass, I would
-as suggested, state everything as a contribution towards variable costs NOT as a charge or fee
- state (per above) what those costs are
- be able to demonstrate that YOU have also made your personal contribution (if guests want to show their appreciation, do it ashore)
- most importantly, state clearly, and ask for acceptance via email, that it is not a commercial venture and there is no contractual obligation or liability.
Aside from the above, there's no contract. If they don't turn up, you have no comeback. If you don't like the look of them and refuse them on board day 1, they have no comeback.
The more of your variable costs you recover, the greater the risk of misunderstanding, and the greater the need for absolute transparency. Good luck.