Booking Form

Bookings are not confirmed until we have received your booking form and are satisfied with the information you have supplied together with your cleared payment due.

CHARTERER'S DETAILS

SKIPPER'S DETAILS

 Type of Boat SailedPositionOwned, Chartered or OtherLocationDates
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Please list any marine insurance claims the skipper has had in the last 5 years.
 

N.B. You must bring your orginial required sailing qualifications/certificates and licences with you to the charter destination.
 

CREW DETAILS - Please list all crew travelling on the yacht during the charter

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TERMS AND CONDITIONS

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 booking 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 charter 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 charter 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 charter 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 [email protected] 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: [email protected]

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 (CHARTER COMPANY)
 
Contractual Parties

Contractual partners are Ocean Sailing House d.o.o., the Yacht Charter Operator (hereafter called YCO) or organizer and the Charterer – as mentioned in the Contract. The Yacht Charter Operator (organizer) is acting as an agent of the owners of the craft chartered by the Charterer or a person authorized by the latter. The Yacht Agency (hereafter called YA) acts as intermediary in this contract.

Acceptance of the Contract and its Conditions

a) The Yacht Agency is authorized to set up this Contract as representative of the YCO and duly sign it.

b) The Charterer confirms that he has read the Contract and that he understood the nautical terminology used therein. Moreover, the Charterer agrees with the General Conditions of the Contract including the special characteristics of chartering a craft and with this type of sportive activity.

Charter Fee

The charter fee encompasses the use of the craft and its inventory. Extras and incidental expenses will be calculated separately and will not be taken into consideration in case of possible refunding of charter costs. The following items are not included in the charter fee: Port charges, fuel, gas, water and all expenditures for measures which are required for the proper operation of the craft during the trip. Obvious mistakes in calculating the charterer fee or inadequacies referring to some of the terms in the Contract do not justify exiting from the Contract; rather, corrections may be duly undertaken, based on the current list of fees and the current contractual conditions of the YCO. Irregularities in equipment or gear (non-correspondence with inventory or equipment lists supplied to Charterer) do not authorize the Charterer to make any deductions – provided safety and operation of the craft as such and functioning equipment are guaranteed.

Journey to Location of Craft Check-in

The journey to the location is not part of the Contract. If the start of the journey is delayed because the Charterer or a member of the crew arrives late, there shall be no refunding of costs. Charterer and crew are aware of the fact that they are leasing an “instrument” to exercise boating and that the terms agreed on differ from laws and regulations governing the tourist sector.

Charterer ́s Exiting from the Contract

a)  The period of validity of the Contract can only be changed in agreement with the YCO and according to the existing possibilities.

b)  Cancellation by the Charterer up to 4 weeks before the start of the journey – cancellation fee depends on the payments already made. After this deadline, the full amount has to be paid. It is recommended to the Charterer to take up a special insurance in case of cancellation.

c) If there is a possibility to re-charter the craft, (either in part or in full), difference amount in price if any occur will be withheld plus 10% of the charter fee to cover relevant expenses. The remaining sum will be refunded to the Charterer by the YCO.

d)  Defects, incorrect recordings of instruments or other problems with gear or equipment do not entitle the Charterer to either refuse check-in, stop the trip or raise financial claims – provided correct navigation is possible by applying classical navigation methods, such as position fixing by bearing, dead-reckoning navigation etc. and if safety of ship and crew is guaranteed by good seamanship.

e)  There are no restrictions in changing the name of the client or the crew.

Health Emergency

The Parties hereby agree that should a Government or Travel Health Notice of Level 3 or higher be issued either in the charter destination or to/from the Charterer’s state and country of residence, or flights be cancelled due to health alerts or quarantine obligation for longer than 7 days, the CHARTERER & OWNER have the right to call for rescheduling or cancellation in writing to re-schedule or cancel the original CHARTER period. For sake of clarity, neither the Charterer nor the Owner will have any liability in case of rescheduling/cancellation under this clause. In the case of Owner or Charterer cancellation, due to COVID-19, all monies paid by the Charterer will be returned to the Charterer
a) A RESCHEDULING ADDENDUM with the new charter period is a one-time offer and must be signed within 21 days of the notification of intent to reschedule and new allowable dates must be within one (1) year of the initial charter date

b) Should the notice to reschedule be issued prior to the final balance due of the original charter, the installation date will be adjusted to 30 days prior to the rescheduled charter period and confirmed on the RESCHEDULING ADDENDUM
c) The location of the rescheduled charter shall be subject to the Vessel’s schedule and availability. The duration of the rescheduled charter shall remain unchanged

d) In the case of Owner or Charterer cancellation, due to COVID-19, the contract will be deemed null and void releasing Owner of liquidated damages including Broker Commissions. All monies paid by the Charterer will be returned to the Charterer.

Cancelation due to restrictions due to COVID 19 is possible no later than the date of the balance payment is due. Afterwards rescheduling addendum will be issued.

Check-in and Check-out of Craft

a) The YCO is obliged to properly instruct the Charterer, or the person nominated by him (Skipper) about all technical details concerning gear and equipment, using a check-in or inventory-list. Trial trip may also be requested by YCO. By signing the checklist, the Charterer/Skipper confirms that he has taken over the craft in good condition, clean, with full tanks (fuel, water) and fully functioning gear and equipment. Possible defects, damages, or missing parts of gear and/or equipment must be laid down in writing.

b) The Charterer may refuse check-in if safety standards do not comply with national rules and regulations or if hull, bonding deck to hull, rig, sail or steering gear are damaged to such an extent that safety of both ship and crew can no longer be guaranteed. In this case item 6a comes to bear.

c) The YCO may refuse to hand over the craft if

  • the fee has not been fully paid
  • deposit has not been made or replaced by an insurance
  • necessary documents are missing or insufficient (no license or a license not valid for the chartered craft, etc.)
  • during the process of check-in or during a trial trip it turns out that the Skipper does not have the required qualification for this job.

d) in the latter case or if there are licensing problems, the journey may be started with another Skipper, expenses paid by the Charterer.

Delayed Check-in Procedure

a) If the YCO cannot supply the craft or an appropriate replacement (meaning a type similar in dimensions, gear and equipment) and the delay exceeds 2/7 of the total charter time or a maximum of three (3) days, the Charterer has the right to withdraw from the Contract. In this case payments already made will be refunded to him. No further claims may be raised.

b) If it is an established fact before the start of the trip that neither craft nor replacement will be available on the agreed date, the YCO shall be obliged to inform the Charterer as soon as the former knows the facts. In this case both parties may withdraw from the Contract before the assumed start of the trip. Payments made by the Charterer will be refunded as above. No further claims may be raised.

c) If check-in time is delayed by the YCO for reasons he is responsible for, the Charterer will get a pro rata refund from the YCO,

  • provided either the check-in procedure had originally been agreed to take place in the second part of the day including an overnight stay on the craft
  • or if a replacement and/or actual check-in has not occurred until noon the next day the latest
  • or if the check-in of the craft had originally been agreed to take place during the first part of the day but in reality, was delayed for more than 12 hours.
Insurance and Deposit

The chartered yacht is insured against third party damage, fire, lightning, explosion, theft or robbery or damage caused by natural disasters, marine and collision risks, and against any loss or damage except equipment expressed in this contract. The financial liability of the client (charterer) for loss or damage caused by him or a crewmember is limited with the agreed deposit. Exceptions are mentioned in this contract.

a) The insurance premium for the craft chartered is included in the charter price or separately charged as extra costs.

b)  The insurance does not cover accidents of crewmembers, losses or damage to their personal belongings. We recommend taking up a special insurance for this purpose.

c)  If the insurance comes to bear in case of damage, terms state that the damage had not been caused deliberately or by gross negligence or that the charterer /Skipper did not set a behaviour, which release the insurer to fulfil its contractual obligation. It is expressly stipulated that in case of gross negligence or deliberate act the liability of the Charterer is not limited by the deposit. The Charterer may be forced to pay the full sum of the damage.

Use of the Craft, Obligations, Damages

a)  The Charterer/Skipper agrees to navigate the craft with special consideration of good seamanship and careful observation of all legal regulations and provisions as applicable in all the countries visited

b)  The Charterer or the Skipper nominated by the Charterer are committed

  •  not to accept more than the maximum number of persons permitted on board and to inform the YCO and the relevant authorities about any changes in the crew
  • not to allow the craft to be used for transporting passengers nor for commercial fishing nor for any other gainful activity
  • not to take part in races without the express agreement of the YCO and not to re-charter the craft
  • not to use the craft for towing other crafts or to be towed or rescued by other crafts except in cases of emergency; should such an emergency arise; orders have to come from the YOC (or a person authorized by him). Should this not be possible, the Skipper has to establish contact with the skipper of the other vessel and come to an agreement about costs of towing or other rescue operations before help is accepted.
  • to write a logbook in which the following items have to be recorded in chronological order: course, manoeuvres, logs, proper handling of sails/engine, positions, checks, maintenance and repairs, important events or observations (accidents)
  • not to let the engine run if the ship sails in a sloping position and to use the engine only as long as it is necessary; sails should be adapted to the rig and to the existing wind forces
  • to leave a protected harbour only if the principles of good seamanship allow this
  • to leave unsafe anchorage places or moorings if the weather forecast, the existing weather conditions or the foreseeable development makes it necessary.
  • to take care that while the craft is anchored or moored danger to the craft has to be recognizable at all times, thus allowing measures to be taken to avoid danger.

c)  If there is damage on the craft due to material wear, the Charterer/Skipper has to arrange for a replacement of the parts or repair as instructed by the YCO or his deputy. If neither can be reached, Charterer or Skipper is authorized to organize repair or replacement – provided the amount does not exceed 100 Euros. This sum will be refunded at the end of the journey after submitting the bill except if the damage is due to incorrect operation of the craft, faulty or negligent handling by Charterer/Skipper or the crew. Parts that had to be exchanged are not to be disposed of. If the craft has to stay in port because of repairs, the Charterer is not entitled to raise any claims if the delay does not exceed 1/7 of the entire charter period. Otherwise the Charterer has to be reimbursed on a pro-rata basis. There are no further claims to be raised.

d)  In case of major sea damage or accident, possible delay or loss of manoeuvrability of the craft, the YCO has to be informed at once. The Charterer/Skipper has to undertake everything in his power to reduce the effects as well as to avoid consequential damage (for instance breakdown, etc.). In concerted agreement with the YCO, the Charterer/Skipper has to organize the necessary repair work, to document all the facts, to monitor the repair work and to negotiate price and payment. Moreover, the Charterer/Skipper is obliged to keep a record of the details of the damage and – provided there are claims of third parties – to have all the data confirmed by the relevant authorities. The Charterer/Skipper may be obliged to pay for the entire costs if the aforementioned conditions are not properly adhered to. The Charterer/Skipper is fully liable for all direct and consequential costs such as confiscation of the craft if it is within the scope of responsibility of the Charterer/Skipper or members of the crew.

e)  If there is reason to assume that the craft is damaged in the part under water, the craft has to be navigated to the nearest port where the services of a diver must be engaged, the supply of a crane organized, or a slip up arranged. The costs have to be borne by the Charterer.

f)  Theft of the craft or of part of the gear or equipment has to be reported to the nearest police precinct

g)  Animals may be taken aboard only with the express permission of the YCO.

Check-out

a)  The Charterer has to return to the port at the time stipulated in the Contract or to inform the YCO in writing about any change. The agreed schedule also has to take inclemency of the weather or other adverse circumstances into consideration. If the Charterer is unable to return the craft he, he has to inform the YCO and make arrangements to have the craft returned by another person at the Charterer ́s cost and risk. Until the check-out the Charterer has to leave a qualified person on board. If the Charterer does not comply with this provision, he has to satisfy all financial claims resulting from this negligence and breach of Contract. The financial obligation is not limited with the agreed deposit. The Charter Contract has not been fulfilled entirely until the craft is returned in the condition as stipulated in the Contract.

b)  Any day of delay in returning the craft will ensue compensation payment amounting to the double of the daily Charter fee. Calculation is based on the items contained in the current price list of the YCO. (Discounts granted or other special conditions such as early booking or a bonus for a “regular” Charterer cannot be taken into consideration when calculating the fine due for late return).

c)  The Charterer has to return the craft to the YCO at the date and hour agreed on the latest. Until this point in time the entire crew has to have left the craft including baggage. Time for cleaning and check-out including inspection by the YCO or his deputy is part of the agreed time schedule laid down in the Contract.

d)  At the check-out any part of the equipment or gear lost or damaged has to be recorded in detail and paid for. The amount may be deducted from the deposit. The YCO also has to be informed about groundings and possible defects.

e)  If craft and equipment are in good condition, clean, complete and with a full tank, the deposit will be returned to the Charterer. The proper condition of the craft at check-out has to be confirmed and signed jointly by Charterer and YCO or their deputies.

f)  If the craft is not properly cleaned both inside and outside, the YCO is entitled to have cleaning arranged at the Charterer ́s expense. If the final clean-up is included in the fee for the charter, it implies that the Charterer has to hand over the craft clean and tidy (including kitchenware). If this is not the case, the YCO may collect a special amount for the extra cleaning required.

g)  If repairs are necessary, the Charterer has to contact the YCO and agree on an earlier return of the craft so that work can be done in good time for the next charter to start. If the damage is within the YCO ́s responsibility, fees covering the loss (day(s) will be reimbursed to the Charterer. Any additional claims by the Charterer (cost of overnight stays, etc.) are excluded (see also item 8). If the Charterer causes the damage, no compensation for lost time during the trip will be disbursed.

h)  If damage or losses are a case for the insurance company, return of the deposit or parts thereof will be delayed until payment from the insurance has arrived. Deposit will be handed back to the Charterer after deducting the retainer and all costs incurred by repairing the damage that are not covered by the insurance. The deposit may also be withheld if the repair costs or other expenditures to be paid from the deposit cannot be calculated exactly at the time of the craft check-out.

i)  Any claims for damages raised by the Charterer against the YCO must be put down in writing immediately after check- out of the craft and contain pertinent explanations. Claims raised later cannot be considered.

Restrictions Ordered by the YCO

The YCO reserves the right to limit the range of the craft either based on the vessel ́s category or if conditions for navigation are unsafe or otherwise unusual. A ban on navigating the craft at night may also be pronounced by the YCO. The responsibility for ignoring such restrictions is exclusively with the Charterer/Skipper.

Liability and Place of Jurisdiction

All disputes between Charterer and YCO have to be settled directly between these two. If arbitration or court proceedings are required, the place of jurisdiction is at the location of the YCO Head Office. For any disputes between the Charterer and the YA, Croatian Law shall apply. If it is a case for the Courts, the place of jurisdiction will be the location of YA Head Offices.

LIABILITY OF THE YA

The YA act as the intermediary between Charterer and YCO. His liability does not exceed his specified tasks or responsibilities as laid down. If parts of the Contract are null and void or invalid, the other parts retain their validity. The signers reserve the right to correct mistakes, misprints or errors in calculating.

Any agreements not contained in the Contract, oral promises or changes have to be confirmed in writing. By signing the document, the Charterer affirms that he has read the General Terms and Conditions and agrees to the content.

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.

I have read, understood and agreed to the Booking Terms & Conditions of the Agency and the Principal above.

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.

Please save and/or print a copy of your Booking Statement which was emailed to you which includes the Terms and Conditions of the Agency and the Principal and the payment and cancellation terms for your records.

Adequate and valid travel insurance for all members of your party is compulsory for all bookings and it is a condition of us accepting your booking that you agree you will have obtained adequate and valid travel insurance. Your cover should include adequate cancellation insurance (including in regards to COVID-19 related cancellation and medical cover) to the value of your charter and cover for the activities you will be undertaking.

We highly recommend that you read through the relevant government travel advice and use this as a reliable source of information prior to booking your yacht charter as well as making regular checks before you travel.