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re: Charter Captain payment question

Posted on 4/30/12 at 9:28 am to
Posted by Motorboat
At the camp
Member since Oct 2007
24093 posts
Posted on 4/30/12 at 9:28 am to
If it makes any difference, the distressed boat was taking on water and the charter boat was NOT taking on much fish.
Posted by Sid in Lakeshore
Member since Oct 2008
41956 posts
Posted on 4/30/12 at 9:31 am to
There is no Requirement to tow someone in.

46 USC 2304 - Duty to provide assistance at sea.

Requires vessels to render assistance to other if they are in danger of becomming lost, so llong aas it does not put the responding vessel/personnel at risk.

The assitance is not defined. It may come in the form of a radio call to the USCG. It may also be that you offer to take them on your vessel, or stay on station untill help arrives.

This charter captain chose to tow them in.
Posted by DownshiftAndFloorIt
Here
Member since Jan 2011
71859 posts
Posted on 4/30/12 at 9:33 am to
I think i remember from tge boater safety test that you must help a distressed vessel. I think you legaly have to tow them in if you are able to. Dont quote me on that though.

Either way, the captain owes the customer a fishing trip.
Posted by Sid in Lakeshore
Member since Oct 2008
41956 posts
Posted on 4/30/12 at 9:33 am to
quote:

the distressed boat was taking on water


This makes a hell of a lot of difference. If the boat was in danger of foundering, the charter captain has a responsibility to do something for those people. Towing them in was an acceptable alternative. I think he should have given a refund and the foundering vessels captain should have paid the gas bill for the charter.

Also it appears that some fishing had happened. What time this happened would also impact who is owed what.
This post was edited on 4/30/12 at 9:35 am
Posted by TigerTreyjpg
Monroe, LA
Member since Jun 2008
5815 posts
Posted on 4/30/12 at 9:38 am to
I wasn't real sure on the legal part of it. It's just something one of the guides told me once time. Man, my experience w/successful/reputable guides is that they are generally the most likeable folks I've ever been around. I'd love to know who the OP went with, because I can't see his situation going down w/anyone I've fished with. The folks I've fished with seem to always be about customer service/satisfaction.
Posted by Langston
Member since Nov 2010
7685 posts
Posted on 4/30/12 at 9:39 am to
quote:

If it makes any difference, the distressed boat was taking on water


Makes all the difference in whether or not you stop and help. No difference in refund though assuming the payer didnt decline.
Posted by brass2mouth
NOLA
Member since Jul 2007
20573 posts
Posted on 4/30/12 at 9:39 am to
This is what happens when only half the story is originally posted.
Posted by Count Chocula
Tier 5 and proud
Member since Feb 2009
63908 posts
Posted on 4/30/12 at 9:42 am to
Why not ask the folks in the boat yall towed to refund your charter fee? Its their fault to begin with.
Posted by TulaneUVA
Member since Jun 2005
26225 posts
Posted on 4/30/12 at 9:46 am to
quote:

Why not ask the folks in the boat yall towed to refund your charter fee?


Shouldn't even have to ask. What is this world coming to?

The other day, a guy stuck out about 2miles from the coast had a dead battery and ask if we could bump him. He offered me like $10 or something. My buddy and I just laughed and said, no need.
Posted by Cadello
Eunice
Member since Dec 2007
48918 posts
Posted on 4/30/12 at 9:49 am to
quote:

The man was paid to take clients on a fishing trip, he owes them a fishing trip.
I would have demanded it or took legal action.

We had to tow in 2 guys in a freaking beat up aluminum boat once..we were on fish and they kept yelling. They were 1 mile from the launch and my buddy kept ignoring them..I finally told him let's go help these guys...When we got there they had: No trolling motor, no cover on a beat up antique 25hp motor and 3 holes in the bottom of the boat they had debris stuffed in...I could see the water seeping in...

People like that deserve to get stuck.
Posted by Motorboat
At the camp
Member since Oct 2007
24093 posts
Posted on 4/30/12 at 9:50 am to
quote:

This is what happens when only half the story is originally posted.


No, it was a simple question to begin with. Extraneous factors might make it more interesting, but the facts were simply stated for easy discussion.
Posted by Langston
Member since Nov 2010
7685 posts
Posted on 4/30/12 at 9:54 am to
quote:

the facts were simply stated for easy discussion.


The facts arent all given, which change the discussion all together.
This post was edited on 4/30/12 at 10:27 am
Posted by Rox
Member since Oct 2010
33333 posts
Posted on 4/30/12 at 10:05 am to
quote:

The man was paid to take clients on a fishing trip, he owes them a fishing trip.
I agree with this. If I paid for a fishing trip, I want a fishing trip. The client didn't pay to foot the bill of towing someone else in. Stuff happens but the client paid for an all-day trout trip and didn't get the services that were paid for.
Posted by Cadello
Eunice
Member since Dec 2007
48918 posts
Posted on 4/30/12 at 10:08 am to
If the trip was paid in advance with a CC ( which some guide services require)then it's easy to dispute.
Posted by SmackoverHawg
Member since Oct 2011
31453 posts
Posted on 4/30/12 at 11:24 am to
Sounds like a douche. Probably got paid by the towee too.
Posted by Dooshay
CEBA
Member since Jun 2011
29879 posts
Posted on 4/30/12 at 12:22 pm to
quote:

the distressed boat was taking on water




By all means they did the right thing by towing them in, but both captains still owe their respective groups a trip.
Posted by fishfighter
RIP
Member since Apr 2008
40026 posts
Posted on 4/30/12 at 1:22 pm to
quote:

PS - I think it's some kind of maritime law (


No law unless someone on the other boat is sick. You do have to help them, but you don't have to tow them. By helping them, a phone call to the USCG is enough.

Myself, to the OP. That charter captain BLOWS BIG TIME and you do to for protecting that a-hole of a captain and not ratting him out.


Now that the OP puts out that the other boat was taking water, that changes everything other then the OP is still a a-hole.
This post was edited on 4/30/12 at 1:34 pm
Posted by LNCHBOX
70448
Member since Jun 2009
88982 posts
Posted on 4/30/12 at 1:29 pm to
quote:

No, it was a simple question to begin with.



Actually, it's not a simple question, as evidenced by the varying answers.

quote:

Extraneous factors might make it more interesting


The fact the boat was taking on water is not an "extraneous" factor. That may be the biggest factor of the whole scenario.

quote:

but the facts were simply stated for easy discussion.



Again, false.
Posted by RogerTheShrubber
Juneau, AK
Member since Jan 2009
298305 posts
Posted on 4/30/12 at 1:30 pm to
Should have given them a voucher for a future trip if he wasn't going to return their money.
Posted by Mr. Hangover
New Orleans
Member since Sep 2003
34924 posts
Posted on 4/30/12 at 1:48 pm to
quote:

This makes a hell of a lot of difference. If the boat was in danger of foundering, the charter captain has a responsibility to do something for those people. Towing them in was an acceptable alternative. I think he should have given a refund and the foundering vessels captain should have paid the gas bill for the charter.

Also it appears that some fishing had happened. What time this happened would also impact who is owed what.


exactly,

if that captain wouldn't have towed that boat in, would you come here to start a thread about how a charter captain left some distressed boat out at sea and didn't care about their safety?

not flaming, just asking a question
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