To accept the Terms and Conditions below, please sign where indicated in the signature section by inserting your full name.
The Terms and Conditions may be signed by electronic signature (as defined in the Electronic Communications Act 2000) and shall have the same legal effect, validity and enforceability as if signed by hand written signature to the extent and as provided for in any applicable law (including the Electronic Communications Act 2000).
AGENCY TERMS AND CONDITIONS
Please read our terms and conditions carefully. These terms and conditions apply to the yacht charters which we sell to you as an agent/broker for the principal(s) or other supplier(s) of your booking.
For this booking(s), you, “The Charterer” will be entering into a contract with the principal(s) or other supplier(s) of the yacht charter(s) (the yacht owner/operator) you have booked through us. Accordingly, in addition to these terms and conditions, the terms and conditions of the principal(s) or other supplier(s) will apply to your booking. You agree to be bound by these terms and conditions, as well as the terms and conditions of the principal(s) or other supplier(s), including their cancellation and amendment policies. A copy of the terms and conditions of the supplier(s) is provided to you at the time of booking.
Island Sailing Limited registered in England Number 7640783, trading as Island Sailing (here after called ‘Island Sailing’, ‘we’ or 'us') act at all times as agent for and on behalf of the yacht owner/operator of the yachts we offer. Island Sailing does not itself own or provide any of the services which make up your booking.
CONTRACT
These are the terms on which we will make a booking for your yacht charter. When making your booking we will arrange for you “The Charterer”, to enter into a contract directly with the principal(s) or other supplier(s) (the yacht owner/operator) named on your booking statement. As agent/broker we accept no responsibility for the acts or omissions of the principal(s) or supplier(s) or for the services provided by them. The principal’s(s’) or supplier’s(s’) Terms and Conditions will apply to your booking, therefore, before confirming your booking we advise you to read the terms and conditions carefully to ensure that you agree with everything contained within them as they do contain important information about your booking.
Our responsibilities are limited to making the booking in accordance with your instructions. Island Sailing shall have no responsibility or liability to the Charterer other than for the performance of these services. We accept no responsibility for any information about the arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to the total yacht charter price received by us as per your booking statement. We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence, as agent or that of any of our employees whilst acting in the course of their employment.
Our Terms & Conditions are governed by English Law and the jurisdiction of the English Courts. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so. All charter arrangements which we provide or which are sold through us are not an offer by us to sell any charter arrangements, but an invitation to you to make an offer to the principal(s) or other supplier(s) of the arrangements. We are free to accept that offer on behalf of those suppliers or to reject it.
BOOKING DETAILS
To make a booking you must complete the booking form. Please provide accurate and full information for all members of the party. The person who completes the booking form is ‘the Charterer' and should be over 18. By completing the booking form you, the Charterer, guarantee that you have the authority to do so and that you shall comply and ensure that your party comply with these terms and conditions, the terms and conditions of the principal(s) or supplier(s) and the laws and regulations of waters the vessel is within during your charter. You also warrant that you and all members of your party are able and competent to undertake the chosen charter. All members of the party under the age of 18 must be accompanied by a parent/guardian. Adults will at all times be responsible for minors in their charge.
It is your responsibility to check the details of the booking you wish to make carefully as soon as it is sent to you and make sure that all the details are correct. If this is not the case, it is important that you inform us within 24 hours of it being sent to you. Failure to do so may result in service charges being applied for booking amendments.
Completion and submission by you of the booking form will be treated by us as confirmation that you have read, understood and accepted these terms and conditions and the terms and conditions of the principal(s) or supplier(s). You are responsible for the full cost of the charter including any amendment or cancellation charges. Once we have received your completed booking form and we are satisfied with the information you have supplied together with your cleared payment due we will proceed to confirm the booking with the principal(s) or supplier(s) and will send your charter confirmation.
The booking information that you provide to us will be passed on only to the relevant suppliers of your yacht charter arrangements or other persons necessary for the provision of your yacht charter arrangements. The information may therefore be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary and religious requirements. If you charter outside the European Economic Area, controls on data protection may not be as strong as the legal requirements in this country. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we will be unable to provide your booking. In making this booking, you consent to this information being passed on to the relevant persons. Full details of our data protection policy are available on our website.
PAYMENT AND PRICE
When booking you will be required to pay a deposit or make full payment for your charter and our Consulting / Booking Administration Fee will become due. Payments must be made by bank transfer. We reserve the right to change the required method of payment at our discretion, irrespective of how any deposit or prior payment was made.
We may ask for a lower-than-normal deposit. Where this is the case, you will be notified at the time of booking of when the remainder of the deposit payment is due. You must pay the full balance by the balance due date notified to you (which is never less than 12 weeks before travel). Please check the dates your payments are due on your booking confirmation/ statement. If payments are not received on time (whether formally requested or not), we will notify the principal(s) or supplier(s) who may cancel your booking and charge the cancellation fees set out in their Terms and Conditions and any payments made including your deposit may be retained by them. We will also apply our service fee for cancellation. Please note that these charges may be greater than the sums collected (particularly when a lower-than-normal deposit is charged) in which case we will seek to recover from you any monies due.
Once you receive your booking confirmation the price of your charter will not be increased unless that there is a requirement by law to charge a Government tax or levy introduced or changed after your booking is made. This does not apply to errors or omissions. However, we reserve the right to amend prices at any time prior to booking.
Whilst we make every effort to ensure the accuracy of the pricing information provided, regrettably errors may occasionally occur. When we become aware of any such error, we will endeavour to notify you at the time of booking (if we are then aware of the mistake) or as soon as reasonably possible. If a booking is already in place, you will have the choice to continue with the chosen charter at the corrected price or amend to a different charter, subject to availability. We reserve the right to cancel the booking with the principal(s) or supplier(s) if you do not wish to accept the price that applies to your charter or any quoted alternatives.
TOURIST TAX
Some destinations charge a tourist tax which applies to all tourists and we will try to inform you of this wherever possible and to the best of our knowledge. However, these charges depend entirely on the local authorities in that country and therefore may be introduced without our prior knowledge and are subject to changes beyond our control. The tourist tax will be in addition to the charter price.
SECURITY DEPOSITS
By completing the booking form you confirm you will provide the relevant security deposit to the principal(s) or other supplier(s). The amount of the security deposit is shown separately on your booking confirmation statement and must be made by credit card (VISA or Mastercard) debit cards are not accepted before your charter can commence.
CANCELLATION
Any instruction to cancel must be sent to us in writing either by email to contact@island-sailing.com or by post to Cancellations, Island Sailing, Customer Service, 86-90 Paul Street, London, EC2A 4NE, UK. If you cancel your booking the principal(s) or supplier(s) will charge the cancellation charge shown in their Terms and Conditions (which may be 100% of the cost of the charter arrangements) and you must pay us the cancellation fee of £100 per charter. The cancellation of your yacht charter may not take effect until we have received your written instruction and any monies due as a result of your intended cancellation.
Please bear in mind that it could take us up to two clear working days to communicate any intention to cancel to the principal(s) or supplier(s) therefore please take this into account when calculating your cancellation costs. Administration fees and service charges are non-refundable.
AMENDMENTS
We are happy to assist with any amendment to your yacht charter that you may wish to make and where changes are permitted by the principal(s) or supplier(s). However, we cannot guarantee that such requests will be met. We may ask for your instruction and agreement in writing. We will charge an amendment fee of £100 per amendment. This will be charged in addition to any changes in charter price, costs or fees applicable that are applied by the principal(s) or supplier(s).
It is not possible to refund individuals within your party or where the amendment or cancellation is because the number of persons within their party is less than that required for the charter booking. If you wish to make an amendment to the number of people within your party after the initial booking, so long as the total party remains within the per person minimum/maximum requirement for the yacht chartered we can make such requests to the principal(s) or other supplier(s). An amendment fee may apply. It may not be possible to change all the names on your booking and in most cases the Charterer on the original booking must remain.
We cannot pay any compensation, reimburse expenses, damages, costs or cover losses for any amount or otherwise accept responsibility if, as a result of circumstances beyond our control which necessitates a change or cancellation of your charter after booking, or we, the owner/operators or suppliers, have informed you that they cannot supply your charter. No compensation will be payable if your charter is cancelled as a result of your failure to comply with any requirement of these terms and conditions and the terms and conditions of the principal(s) or supplier(s) (such as paying on time), or because of unavoidable and/or extraordinary circumstances beyond our control (listed below).
CHANGES OR CANCELLATION BY THE SUPPLIER
We will inform you as soon as reasonably possible if the principal(s) or other supplier(s) needs to make a significant change to your confirmed arrangements or to cancel them. We will also inform you in relation to any alternative arrangements offered by them (if any), you will need to let us know your choice within the time frame we stipulate but we accept no liability for any changes or cancellations made to your arrangements by the principal(s) or other supplier(s) under your contract with them.
UNAVOIDABLE AND EXTRAORDINARY CIRCUMSTANCES
Except where otherwise expressly stated in these Terms and Conditions, we cannot accept liability or pay any compensation where the performance of our contractual obligations, as agent is prevented or affected by or you otherwise suffer any damage, loss or expense as a result of unavoidable and/or extraordinary circumstances which will include, but are not limited to war or threat of war, riot, civil strife, terrorist activity, industrial dispute, unavoidable technical problems with transport, closure or congestion of airports, natural or nuclear disaster, fire, hurricanes, earthquakes, floods, epidemic, pandemic, government action, health risks, illness, terrorist activity, civil unrest, change to Foreign Office advice to advise against travel to destination, adverse weather conditions (actual or threatened) or similar events beyond our control.
INSURANCE
Many principal(s) or supplier(s) require you to take out travel insurance as a condition of booking with them. In any event, insurance is a vital part of any yacht charter booking so please ensure you take out adequate insurance at the time of booking. It is a condition of booking with us that you obtain travel insurance which includes cover against any COVID-19 issues or incidents which may affect or curtail your booking.
We strongly advise that you take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation and medical costs) in the event of accident, emergency or illness; as well as compensating you for permanent injury, death, delays, cancellation, curtailment, missed departure, personal liability, loss of baggage, money, personal possessions and other expenses, as well as ensuring you have cover for end supplier failure, force majeure events and any activities you have booked, including additional cover for sailing/yacht charter.
If you choose not to take adequate insurance cover, including in relation to COVID-19 and end supplier failure we will not be responsible to you for possible liabilities which may arise or for any costs you incur if you do not do this.
You are responsible for your independent travel arrangements to take up your charter and we accept no liability for any damages, expenses or cover losses of any description you may incur in regard to these. We will not be responsible for any curtailment of your yacht charter, missed transport arrangements, additional accommodation required, or other associated costs incurred by you. You must ensure you have travel insurance which covers these costs.
Please check your policy when you receive it and carry proof of insurance with you as you may be asked to produce this if reasonably requested including by us, or the principal(s) or supplier(s).
PASSPORTS, VISAS AND HEALTH
Your specific passport and visa requirements and other immigration and travel requirements and advice are your responsibility, and you should acquaint yourself and confirm these with the relevant government bodies, Embassies and/or Consulates. We cannot accept any responsibility if you cannot travel because you have not complied with any passport, visa, immigration or entry requirements. Please note that these requirements may change between booking and your charter. Most countries now require passports to be valid for at least 6 months after your return date. It is your responsibility to ensure that you keep up to date with the latest foreign travel advice as issued by the government. You may also be required to quarantine or self-isolate. Advice is updated on a regular basis and often at very short notice.
As with other activity-based activities, sailing and watersports activities contain an element of risk and participation in these activities is your decision. It is your responsibility to ensure that you obtain proper and detailed medical advice prior to your charter and to check for the latest health requirements and recommendations for the relevant country/countries and any costs. Where you do not do so and either are not allowed to enter any country, we have no liability to you for any cost, loss or damage which you suffer nor will we refund you the cost of any unused portion of your charter arrangements. For those with existing medical problems, pregnant women and anyone who has recently visited other countries should check requirements with their doctor.
COMPLAINTS
As the contract(s) for your yacht charter is between you and the principal(s) or supplier(s), any queries or concerns relating to the yacht charter arrangements should be addressed to them. If you have a problem whilst on charter, this must be reported to the principal(s) or supplier(s) immediately. If you fail to follow this procedure, there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled to may be reduced or you may not receive any at all depending upon the circumstances. If you wish to complain when you return home, please write to the principal(s) or supplier(s). If you require further details or information in order to contact the principal(s) or supplier(s) from us, please contact us. Island Sailing, Customer Service, 86-90 Paul Street, London, EC2A 4NE, UK. Email: charter@island-sailing.com
PRIVACY AND COOKIES POLICY
Island Sailing understands and respects the importance of your privacy. This Privacy Policy explains what personal information we may collect from you, how we will look after that information, and how we may use your data. The Policy tells you about your privacy rights, and how the law protects you. The website uses cookies to distinguish you from other users. Some of these cookies are essential to make this site work properly, to allow you to make your yacht charter booking and to enable Island Sailing Limited to fulfil your purchase requests. Other types of cookie help us to provide you with a good experience when you browse our site, allow us to improve our site or the way we provide our service to customers. Our full Privacy and Cookies Policy can be found on our website here http://www.island-sailing.com/privacy-and-cookies-policy
SERVICE CHARGES
We will apply a non-refundable service charge for the services we provide as booking agent.
Cancellation fee: Principal's charge + £100 per charter
Amendments after booking has been confirmed: Principal's + £100 per amendment
Late Payment fee: Where late payments are permitted, 2% of the amount due.
ADDITIONAL SERVICES
Where we agree to provide additional booking services, for example transfer services to or from any such third party product or destination, our doing so offers no endorsement of the product or service we cannot accept responsibility for any of these services.
CORONAVIRUS (COVID-19)
You, “The Charterer” will be entering into a contract with the principal(s) or other supplier(s) of the yacht charter(s) and their Terms and Conditions will apply to your booking and we advise you to read these carefully as they will contain important information about your booking, including any policies in regard to payment and cancellation. You acknowledge that the COVID-19 pandemic has affected travel throughout the world. You acknowledge that laws, regulations and the principal(s)/suppliers(s) providing your yacht charter may require you to comply with various measures which have been introduced to manage the risk of COVID-19. These may include (without limitation) a requirement to undergo temperature checks, provide health information or certificates, wear personal protective equipment such as face-coverings and gloves and abide by social distancing requirements.
You acknowledge that certain principal(s)/suppliers(s), ports, airports, airlines, border control, government body, local authority or other third parties may require you to undertake certain health formalities, testing, assessment, provide documentation or satisfy other requirements aimed at managing the COVID-19 risk as a condition to you travelling, departing, entering or residing in a particular place. You also acknowledge that certain countries may impose vaccination requirements, quarantine or self-isolation measures upon travellers, whether in the place of destination or upon your return.
It is your responsibility to obtain details of these requirements ahead of your travel departure date and comply with and satisfy these requirements. We strongly recommend that you familiarise yourself with the advice from your national authority for overseas travel before departing.
If you fail to meet these requirements, or refuse to complete them, you may be denied boarding, exit, entry or access to some other facility or service including in relation to your yacht charter. We shall have no liability to you for any curtailment of your yacht charter, missed transport arrangements, additional accommodation required, refunds, compensation, expenses, damages or other associated costs incurred by you in relation to such matters or if you are unable to travel or make use of all or part of your booking because of these matters. You must ensure you have comprehensive travel insurance which cover the costs of such matters. The terms of this clause shall also apply to any other strains of Coronavirus and any other viruses, illnesses or health risks which may affect your booking.
For the avoidance of doubt, if your charter is affected due to COVID-19 related issues no refunds will be made.
GENERAL TERMS AND CONDITIONS OF THE PRINCIPAL (GENERAL CHARTER PARTY CONDITIONS)
1) PARTIES TO THE CONTRACT: in this charter party the Company, Boomerang YACHTING CHARTER S.R.L, Via Giuseppe Garibaldi, 40 OLBIA 07026 (SS), in its capacity as lessor, will hereinafter be called the “Owner”; the client stipulating the charter party will be called the Charterer; any licensed captain other than the Charterer will be called the “skipper”.
2) ASSIGNMENT OF THE CHARTER PARTY: The Charterer is not permitted to assign the use of the craft in question, nor the rights arising from the charter party hereto, to third parties.
3) MATTERS PERTAINING TO THE CHARTER PARTY: the Charterer may withdraw from the charter party but will lose the right to the return of the amounts paid by him to the Owner as a deposit to confirm his exclusive reservation; the Charterer loses the right to withdraw from the charter party from the sixtieth day prior to the start of the charter and from that time the Owner will still be entitled to 100% of the tariff should the Charterer subsequently declare he is unable to use the craft. Should the charter of the craft be interrupted at the request or due to the Charterer, the latter will not be entitled to any refund: failure to use the craft during the stipulated period does not entitle the Charterer to any refund whatsoever.
The Owner who, due to a breakdown or any other reason beyond his control, is unable to deliver the contracted craft, has the faculty of delivering - within three (3) days - another of similar characteristics and must refund to the Charterer only the daily rate for the days the craft was not at his disposal. Should the delay protract beyond said period the Charterer will be entitled to demand the cancellation of the charter party and the refund of any amount paid with legal interests thereon, but will not be entitled to any other form of damages.
4) OWNER’S OBLIGATIONS: The Owner delivers the craft and her pertinences in a seaworthy condition, complete with accessories, fittings and safety equipment and with her navigation documents, together with all that may be necessary to render the craft in question seaworthy and to allow her to serve the stipulated use. At the time of delivery, the Charterer, after inspecting the craft and ascertaining the presence of all pertinences necessary to render her seaworthy and to allow her to serve the stipulated use, will sign a list containing an inventory of the aforesaid pertinences. By signing said inventory the Charterer expressly confirms having received the craft in a good state of maintenance, seaworthy and suitable for the stipulated use: it follows that he will no longer be able to present any protests and the Owner will be free of all liability in this respect. The parties expressly agree that the detailed nautical charts supplied by the Owner only cover the ‘area recommended’ for navigation, taking into reasonable account the dimensions of the boat and the distances, as well as the port and tourist structures present along the coasts; this area covers North-East Sardinia, Corsica (up to Propriano and Porto Vecchio).
The delivery of the boat takes place on the date, at the time and in the place provided by the charter party. Time required for explanation or clarification of use falls within contract time. Obligation to deliver becomes effective and enforceable on the Owner only after the Charterer has paid the entire amount of the hire, has paid the security deposit and has signed the inventory.
5) CHARTERER’S OBLIGATIONS: the Charterer is liable for the craft to all effects of the law for the entire period indicated in the present charter party; in particular he is bound to use the craft with particular prudence, care and diligence in compliance with the stipulated use and with the technical characteristics reported in the craft’s documents, as well as to fulfil all those obligations assumed under the present charter party for the duration of the charter. The Charterer who intends to navigate outside of the recommended area must equip himself with the detailed nautical charts relative to the areas where he intends to sail. The Charterer also undertakes to redeliver the boat on the established date, the place and the time, in the same condition as when he took delivery, with the same characteristics and suitable for the same use, with all the accessories, equipment, fittings and documents received from the Owner at the time of delivery. The Charterer expressly undertakes : 1) to destine the boat solely to himself and the crew and takes due note that the carriage of goods and passengers is forbidden as is any other type of commerce or financial activity; 2) to respect the minimum crew requirements as well as the maximum number of persons who may be carried on board; 3) to use the boat solely within the scope of his qualification or that of the designated party; 4) not to participate in regattas or nautical manifestations of whatever nature; 5) not to request towage or to tow another unit except in the case of absolute emergency; 6) to respect Port Authority orders in respect of bad weather or danger at sea; in any case to refrain from sailing with seas greater than force six and each and every time that the weather bulletins inform or forecast situations dangerous to navigation in the near future. Any breach of this obligation will result in the Charterer undertaking liability for any damages suffered by the craft; 7) to anchor the craft off the coast in a safe position and to maintain a continuous surveillance; 8) to sail the craft with sails appropriate to the force of the wind so that they do not suffer damage; 9) to refrain from keeping any animals on board; 10) to refrain from using any materials for the outer and inner cleaning of the boat which might damage it; 11) to turn the engine off when the boat’s trim is greater than 15°; 12) to contact the Owner at least once a week communicate the boat’s position; 13) by virtue of this charter party the Charterer undertakes to use the chartered craft solely for pleasure purposes.
All costs relating to the use and consumptions of the boat, and in particular fuel, lub-oil, water, electricity, port, customs, service and/or mooring taxes/fees even in private harbours, as well as any radio-telephone costs will be for Charterer’s account. The Charterer undertakes to take care of the boat, to keep its accessories and furnishings in order and to re-deliver it clean and in excellent condition. The Charterer also undertakes to carry out the usual maintenance work and will consequently be held liable for any damages deriving from a failure to comply with this obligation. Any obligations relating to the craft contracted by the Charterer with third parties must be assumed in the Charterer’s name, without spending the name of the Owner, and the Charterer will remain the sole party liable for the fulfilment of any such obligations. The Charterer must refund to the Owner all and any amounts which the latter may have to pay to third parties consequent to illicit deeds committed by the said Charterer and the latter will not be entitled to raise any objection whatsoever.
6) DAMAGES, AVERAGE, ACCIDENTS, REPAIRS: in the case of damage, average or accident the Charterer must immediately notify the Owner; he may continue navigation only if this will not aggravate the damage or provoke peril to persons and the craft. He may not carry out any repairs without the prior authorisation of the Owner. The costs necessary for the repairs are on Charterer’s account and he will be refunded only if the cause cannot be attributed to him under the conditions of the present charter party. The Owner may withhold the security deposit to safeguard his rights until such time as said liability has been fully established, without any obligation to pay any amounts on account of interests, damages or other reasons.
Should - without there being any liability on the part of the Charterer - the boat suffer any average solely in respect of the engine, the transmission, the reversing gear, the standing and running rigging, the sails, the batteries and/or the alternators which may prejudice its full use for over 12 hours (excluding the first night following the average) the Owner will only be held to allow the Charterer to recover those hours not enjoyed and all other forms of compensation and/or refund are thus excluded.
This recovery will take place, at the Owner’s discretion, at the end of the charter period or by means of the issue of a credit note for subsequent charters. Any form of monetary refund is expressly excluded. It is hereby specified that this warranty is applicable solely in the case that the average occurs in the sea between From La Caletta in Siniscola to Santa Teresa and Castelsardo and the warranty is therefore excluded should the average occur in a different area of sea. The Charterer may not demand repairs and/or assistance except in the hours between 08.00 and 20.00. It is agreed that the cost of any repairs and assistance not chargeable to the Owner under the conditions of the present charter party must be paid by the Charterer at the usual current market rates, plus the cost of the materials used. Due notice is hereby given to the effect that any average to the echo sounder, log, refrigerator, autoclave, tender, outboard engine, anchor winch - be it electric or manual, stereo and any other equipment or fitting not included in the second paragraph of this present clause will not give rise to the foregoing warranty rights, i.e. to the recovery of the hours of hire not enjoyed nor prejudice the exclusion of any right on the part of the Charterer to compensation and/or refund. In the cases foreseen any demand for refund must be made by the Charterer directly to the Owner at time of re- delivery of the craft and in any case on the same day. Once this term has elapsed, or if the claim is presented to a party other than the Owner, the Charterer’s right to claim refund will expire.
7) INSURANCE: the boat will be delivered insured: a) with a kasko (fully comprehensive) policy for the Mediterranean, up to total loss; this policy has an allowance which is covered by the Charterer’s security deposit; b) with a third party civil liabilities policy, obligatory under the current laws, for damaged accidentally caused to third parties by the navigation or by the lying afloat of the craft: this insurance does not cover: the loss or damages to the property of the Charterer and of the parties carried on board; any of the damages and compensations due under Art. 8 hereto. In any case the Charterer remains liable for any damages whatsoever which may not be indemnifiable by the underwriter by reason of deed or fault of the Charterer, as well as for the allowance.
8) REDELIVERY, OBSERVANCE OF ESTABLISHED TERM: if the charter is scheduled to terminate in the morning, the Charterer undertakes to return to the port of redelivery by and no later than 1800h of the day prior to the redelivery date, to punctually return the boat at the established date, time and port and to have already extinguished each and every obligation regarding the boat which may have been contracted during the period of the charter. The Charterer will answer to the Owner for failure to redeliver, even in the case of mere accident, force majeure or average. The cruise itinerary must therefore be planned in such a way as to allow the return of the boat within the established time, even by bringing forward the re-entry to the port of redelivery should there be bad weather forecasts. In the case of failure to comply with this obligation the Charterer must pay the Owner an amount equivalent to the weekly hire of the same craft in that period, and to refund all the financial damages arising from that delay, such as board and lodgings ashore for the subsequent Charterer and his crew.
To the effects of the foregoing re-delivery of the craft in a port other than that foreseen in the charter party is considered as a delay. In this latter instance the Charterer is also liable for all the costs involved in transferring the boat to the redelivery port.
9) SECURITY DEPOSIT: failure to pay the security deposit will result in the automatic cancellation of the charter party hereto and the Owner will be entitled to withhold, by way of penalty, all those amounts paid to him by the Charterer on account of hire. The security deposit will be returned once it has been established that there are no damages, no breaches of contract and no breaches of obligations contracted during navigation. Charterer’s financial liability is limited to the sole amount of the security deposit solely in respect of material damages caused to the craft, and the Owner is fully entitled to demand from the Charterer - who will respond with his personal estate - the refund of the entire amount of any other and different damages suffered.
10) SKIPPER: the skipper is the captain of the boat, responsible for it and for the crew in all things pertaining to navigation, handling, mooring manoeuvres and all else relating to the duties of a good and expert captain; the charter party must be signed by the skipper; should the latter be a party other than the Charterer he must sign this charter party, together with the Charterer, expressly in his capacity as skipper; The Owner is entitled to ask for the skipper’s sea-brief and if the skipper has no sea-brief, or if it is insufficient, or if his knowledge and capacities are not, in the Owner’s incontestable opinion, sufficient for the type of boat and for the safety of the persons on board, the Owner - unless the Charterer finds another, suitable skipper - may refuse to deliver the boat and may withhold 100% of the tariff and the charter party will be considered as automatically cancelled. Should, at Charterer’s request, the Owner find a skipper it is expressly declared that the Owner merely provides the contact between the Charterer and the skipper and that the Owner is therefore entirely extraneous to the service relationship between said parties; as is common usage the skipper’s board is on Charterer’s account. If, as stated above, the Charterer is not the skipper the latter will answer directly to the Owner for any damages or average related to his specific duties as indicated at the beginning of this present article, whilst the remaining liabilities will be for Charterer’s account.
11) BREACH OF CONTRACT: The Charterer and/or the skipper (in so far as he may be concerned) are directly liable for every breach of this present charter party and they jointly undertake to hold the Owner harmless of any claims whatsoever presented against him for facts occurring during the use of the boat by the Charterer or consequent to same. Should the boat be arrested or blocked for reasons attributable to the Charterer the latter must pay the Owner a compulsory contractual indemnity equivalent to the charter rate applicable for the period, for the entire duration of the arrest/blockage.
12) GOVERNING LAWS AND REGULATIONS: The relationship between the parties hereto involves only the charter of the craft and in respect of any matters not expressly established in the present charter party said relationship is therefore governed by the regulations of the Italian Civil Code and of the Code of Navigation relating to the hire of mobile properties.
13) EXCLUSIVE NATURE AND VALIDITY OF THIS CONTRACT: this charter party is the sole valid instrument by which to charter a craft belonging to (*); any other contract signed by the Charterer in respect of the charter of the same craft, drawn up by brokers or agencies, is null and in any case does not bind (*). The fact of any of the individual provisions of this present charter party being void will not result in the entire charter party becoming void. Any agreements departing from the present charter party must be in writing failing which they are void; the Owner will provide information based on science and knowledge but without warranty.
14) DISPUTES AND EXCLUSIVE DEROGATION FROM THE COMPETENT FORUM: for each and every dispute arising from the present charter party the Tribunal of Tempio Pausania will be the sole forum.
15) REFERENCES: The parties reciprocally acknowledge that the present general charter party conditions are intended as integrated with the phrases, referred to by means of asterisk, indicated on the first page, to the contents of which phrases express and full reference is made.
16) FORMATION OF THE CONTRACT: the parties hereto declare that they have carefully perused the present charter party and that each clause has been specifically agreed.
17) TRANSLATION: The Italian Version of this Bare Boat Charter Party will prevail over all other language versions. The translated versions of the contract, general conditions and attachments are accurate in all parts.
18) PERSONAL DATA: I hereby authorize the use of my personal details solely for circulation within the company in relation to the Italian Legislative Decree n° 196/2003
In compliance with Articles 1341 and 1342 C.C., IV volume, II chapter, II par., I section, the undersigned expressly declares he has examined and approved the clauses of point 2) Assignment of the charter party, 3) Matters pertaining to the charter party, 4) Owner’s Obligations, 5) Charterer’s obligations, 6) Damages, average, accidents, repairs, 7) Insurance, 8) Redelivery, observance of the terms, 9) Security deposit, 10) Skipper, 14) Disputes and exclusive derogation from the competent forum, 17) Translation.
With the following signatures I hereby declare adherence to the Italian National Contract & Italian General Charter Party Conditions.
CORONAVIRUS (COVID-19) POLICY
For those customers who have paid in full, as per the payment schedule on their booking statement, should the owner or their operator be unable to operate your charter at the charter destination due to government restrictions relating to COVID-19 (restrictions shall mean closed borders or official travel ban) or, if you are unable to travel to your charter destination due to government travel restrictions relating to COVID-19 (restrictions shall mean closed borders or official travel ban) or obligatory quarantine in Sardinia the following options apply:
1. You can reschedule without a fee for alternative dates within 12 months of the original charter start date subject to yacht availability from the same owner or operator. Your payment will be transferred to the re-scheduled booking.
2. If you haven’t decided on your dates to reschedule, you will receive a credit for the amount paid which you can use towards a future charter for departure within 12 months of the original charter start date subject to yacht availability from the same owner or operator.
3. When rescheduling, new dates will be subject to current pricing at that time. You will have to pay the difference if the booking is more expensive and there will not be a refund if the booking is less expensive.
For the avoidance of doubt, if your charter is affected due to COVID-19 related issues no refunds will be made. Please only proceed in making a booking if you are willing to accept the options for re-schedule within the timescales stated above.
The following cases are not considered Covid-19 restrictions and the normal cancellation policy will apply:
1. Clients’ unwillingness to follow official guidelines and procedures for entry to or exit from the charter destination (including vaccination requirements) or unwillingness to undertake any mandatory Covid-19 test to enter the country and/or country/countries of return.
2. Clients’ general uncertainty regarding travelling.
3. Changes to Clients’ independent travel arrangements including changes or cancellation of flights, crossings, transfers.
In case of cancellation due to diagnosis of COVID 19 before embarkation, no vouchers or refund will be offered. The general cancellation policy will be valid in this case.
Please read the content of the Terms and Conditions of the Agency and the Principal shown within the scrollable box above. A copy of these can also be found on your Booking Statement which has already been emailed to you as it provides the link to access this booking form.
