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The charter base is keeping my deposit: what can I do?
Short answer
A base may only keep what it can show was damage from your charter, and only what the repair actually costs. With the inventory, your photographs and a written breakdown you are in a strong position.
When a base keeps all or part of the deposit at check out, that is at first only a claim: that damage happened during your charter and that repairing it costs the amount withheld. The charter company has to be able to justify both. Do not sign a damage report you disagree with, or if you have to sign, write on it clearly that you dispute the damage or the amount.
Ask for a written breakdown: what the damage is, when it was found, what repair is needed, with a quote or an invoice. A flat deduction without evidence can be challenged. Put your check in inventory and your photographs next to it. If the damage was already noted or visible at check in, the deduction is not justified. Which law applies to a charter abroad, and where a dispute would be heard, is usually set out in the charter agreement.
If you booked through an agency, involve it straight away. Agencies have leverage with their bases and often settle these cases faster than any lawyer. If you have deposit insurance, notify the insurer promptly with the charter agreement, the reports and proof of the amount withheld. And if the charter company claims more than the deposit, pass the claim to your skipper liability insurer, whose job includes defending claims that are not justified.
Worth remembering
Evidence
is needed for every deduction
A note
belongs on every report you disagree with
Never sign what is not true. One line of reservation on the report often saves the whole deposit.
Questions
What owners ask us about this
Can the base keep the whole deposit for a small scratch?
Only if the repair genuinely costs that much. Ask for a written breakdown with a quote or an invoice. A flat deduction without evidence is open to challenge.
Should I sign the damage report?
Only if it is accurate. If you disagree with the damage or the amount, write that on the report before signing. A signature without any reservation may later be read as agreement.
Related
Not sure whether you qualify?
Whether it is “The charter base is keeping my deposit: what can I do?” or another question: send us your residence and the flag your boat flies. You will get a straight answer in one email; including a no, if that is the answer.
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