Please read these Booking Conditions carefully as they set out the conditions of the contract between you and Island Sailing Limited registered in England Number 7640783 and trading as Island Sailing (here after called ‘Island Sailing’, ‘we’ or 'us'). All sailing course arrangements are made by Island Sailing and all yacht charter arrangements are made by Island Sailing acting as agents on behalf of yacht owners/operators and these conditions shall be subject to and governed by the Law of England and Wales. These booking conditions contain some exclusions and limitations of liability. If any part of these booking conditions is found to be invalid or unenforceable, then the remainder of them will not be affected and will remain valid and enforceable. Please refer to our website www.island-sailing.com/booking-conditions for the latest booking terms and conditions.
Your booking
When we have confirmed that a yacht has been reserved and/or that there is availability for your requested course(s) you will be given a booking reference number and confirmation of charter and/or course price and payment schedule and you then need to complete the booking form.
By completing the booking form you guarantee that you have the authority to do so and accept on behalf of all members of your party the terms of these booking conditions. Your booking will not be secure until you have submitted a completed booking form and your payment due has been received.
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 send your charter and/or course confirmation and a contract will then exist. Please check the details in the confirmation carefully and let us know of any discrepancies straight away. Please provide accurate and full information as to the party, including any changes and confirm that all other members of the party, including any that may be added at a later date, agree to these conditions.
The person who completes the booking form is the 'lead name' and should be over 18. The lead name is responsible for the full cost of the charter and/or course(s), including any amendment or cancellation charges and confirms that they and/or members of their party are capable and competent to sail the yacht as described in the 'Bareboat and flotilla yacht charter’ and ‘Skippered charter and Sailing courses’ sections of these terms. All members of the party under the age of 18 must be accompanied by a parent/guardian. Prior to booking you and all members of your party are expected to satisfy themselves that they are fit and able to complete the chosen charter and/or course. Anyone suffering from mobility, impairment, illness or disability or undergoing treatment for any physical or medical condition must declare the true nature of such condition at the time of booking, seek advice from their doctor and make arrangements for the provision of any medication or other treatment which may be required during the charter. Failure to make such disclosure will constitute a breach of these booking conditions and will result in such persons being excluded from the charter in which case all monies paid will be forfeited. It is the party leader’s responsibility to inform Island Sailing of any known medical conditions of any member of their party as soon as they become aware of them.
We act as agent for our partner companies in accordance with local requirements, you will be asked to sign a separate yacht charter agreement before taking possession of the yacht which is between you and the local entity for the charter of the yacht. A copy of the charter agreement wording can be provided to you in advance of departure upon request. To the extent there is a conflict between these booking conditions and the local charter agreement as they relate to you then these booking conditions shall prevail and supersede the provisions of the local charter agreement. By asking us to confirm your booking you agree that we are acting as agent in the booking of your yacht charter and accept the provisions of this clause and agree that you will sign the local charter agreement.
Payment and price
You can pay by bank transfer or by credit or debit card over the phone. A 2.75% handling charge will apply to credit card payments. We do not store credit card details nor do we share customer details with any third parties. On your confirmation check the date your final payment is due as we reserve the right to cancel the booking with the loss of your deposit. When you book you pay either:
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A deposit of 30% of the charter or course(s) cost at the time of booking followed by the remaining balance 10 weeks before commencement of the charter or course(s). OR
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The full cost of the charter or course(s) if it is 10 weeks or less before you go.
Once you receive your confirmation the price of your charter or course(s) will not be increased unless we are required 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 can amend our prices at any time prior to booking.
Holiday and travel insurance
Adequate and valid holiday and travel insurance for all members of your party is compulsory for all bookings and it is a condition of accepting your booking that you agree you will have obtained adequate and valid travel insurance prior to commencement of your charter and/or course, however we recommend gaining such insurance at the time of booking. We cannot be responsible for possible liabilities which may arise or for any costs you incur if you do not do this. For your protection and peace of mind the insurance should cover you against any possible risk that may occur and in particular to ensure that you have sufficient insurance in respect of dependent relatives and force majeure events as well as for the activities you are undertaking, if you have to cancel your arrangements, or for any emergencies that arise while you are away. Please check your policy when you receive it and carry proof of insurance with you and produce it if reasonably requested by us or our suppliers or representatives.
If you change or cancel your booking
If you wish to cancel your booking the lead name on the booking should let us know by email or fax. Cancellations are effective from the date received and the following charges apply:
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More than 10 weeks prior to commencement date: deposit only
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4 - 10 weeks prior to commencement date: 75% of charter or course cost
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Within 4 weeks of commencement date: 100% of charter or course cost
If you request a major change (such as change of date, type or number of yachts or courses) more than 10 weeks from departure, we will do our utmost to make these changes in accordance with these Booking Conditions but it may not always be possible. Where we can make a change any difference in the charter or practical course price, additional services or items will be charged as per our list price on the day the change is made and any discount you may have received may be altered, reduced or lost. If your request is within 10 weeks of departure date it will be treated as a cancellation and the above cancellation charges apply and you will need to re-book. A maximum of 2 changes are allowed to be made to your original booking. After 2 changes this will be treated as a cancellation. If you book an optional skipper, instructor, crew or flotilla they cannot be cancelled and any fees paid or due to be paid are non-refundable.
The Lead Name assumes responsibility for all members of the party and we cannot refund individuals within the party or where the change or cancellation is because the number of persons who have booked is less than that required for the booking. It is not possible to change all the names on any booking and at least two of the party (over 18) including the Skipper and First Mate on the original booking must remain. For yacht charter bookings and/or courses if individual(s) within a booking need to cancel or if you wish to add to a party after the initial booking; so long as the total party remains within the per person minimum/maximum requirement for the yacht chartered and/or the course booked the charter price and/or the practical course price will remain the same. Any changes should be made more than 28 days before the commencement date. It is not possible to change a charter or course booked to any special offer charter or course without incurring cancellation charges shown above and the re-booking of new arrangements at the price applying on the day the booking is made.
If we change or cancel your booking
If we need to make minor changes (for example, but not limited to, change of yacht to another of similar or larger size – which no more than ten percent smaller than the length overall of the yacht chartered/booked, change of route within a cruising area or change of base where the cruising area remains the same or similar) we will let you know as soon as possible and any such changes will not be considered a major change. Yacht images have been taken by Island Sailing or the yacht owner or are images from the yacht manufacturer. Images are provided as a guide and style, features, specifications and layout may vary. We reserve the right to make a major change including, but not limited to a change of yacht which is more than ten percent smaller in length overall than the yacht chartered/booked or, to cancel your charter or course(s) in any circumstances but if we do we will let you know as soon as possible. If we need to make a major change we will do our utmost to offer you an acceptable alternative of a charter or course of equivalent or closely similar size and list price (subject to availability) or a yacht more than ten percent smaller in length overall or alternative course (subject to availability) and we will refund the difference in price as per our list price. If an offer is made more than fourteen days prior to the commencement of your charter or course and you do not accept this within three days of the offer being made the charter and/or course(s) will be cancelled and you will receive a full refund. If an offer is made within fourteen days prior to the commencement of your charter or course and you do not accept the offer upon communication of it the charter and/or course(s) will be cancelled and you will receive a full refund. If we need to cancel your booking our liability is limited to the amount of payment received by us and we cannot accept responsibility for any expenses you may incur.
We cannot accept responsibility or pay compensation where we are forced to change or cancel your charter due to Force Majeure (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, health risks, pandemic 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.
Our liability to you
As with other activity based holidays, sailing and watersports activities contain an element of risk and participation in these activities is your decision and at your risk. It is the responsibility of the Party Leader to ensure that all members of the party are healthy and fit to sail. Please check with your Doctor if you are in any doubt. Our liability to you for any loss or damage which you may suffer is limited to the price of your charter and/or course. This maximum will only be payable when every aspect of your charter and/or course has gone wrong and you have not received any benefit. We are not liable for any loss or damage to personal property. This excludes death and personal injury resulting from the non-performance or improper performance of the services involved in the charter, and is subject to the limitation of liability described below. We accept responsibility for any death, bodily injury or illness caused to you as a result of the proven negligent acts and/or omissions of our employees, agents, suppliers and sub-contractors and their servants and/or agents while acting within the scope of, or in the course of, their employment.
We also accept responsibility for any damage caused to you as a result of any failure to perform, or improper performance of the services we have agreed to provide to you, except where such failure or improper performance is not our fault or that of our suppliers because:
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such failure is attributable to you or a member of your party.
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such failure is attributable to a third party unconnected with the provision of the services to be provided to you and is unforeseeable or unavoidable.
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such failure is due to Force Majeure, as outlined above.
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or an event which could not be foreseen or prevented even with all due care.
Compensation is limited in line with any international convention that applies to any of the services of facilities included in your yacht charter provided by us or provided by any of our suppliers. Island Sailing accepts no responsibility for the acts or omissions of its customers whether negligent or otherwise and shall not be held liable for any claims made against them (or as a result of their actions) either by other customers of Island Sailing or third parties. Island Sailing does not accept liability for losses that were unforeseeable to those involved at the time of booking, losses that were not caused by any breach on the part of Island Sailing or its supplier and any business losses or similar to the customer as a result of unforeseeable circumstances.
We may operate in regions where standards of accommodation, transport, safety, hygiene, medical facilities and other infrastructure may, at times, be lower than those you normally expect. Any outline itineraries given must be taken as an indication of what should be accomplished and not as a contractual obligation on our part. Changes in itinerary may be caused by local political conditions, flights cancellations or delays, mechanical breakdown, weather, sickness or other unforeseeable circumstances.
In the event medical care becomes necessary on your holiday, you may be hours or days travel by water, or other non-vehicular transportation from any medical facility. The medical facility you may be treated in may not have the same standards as hospitals or doctor’s offices in your home country. The medical personnel you will be treated by may not speak English and have the same training as medical personnel in your home country. You further acknowledge that an emergency evacuation may be unavailable, expensive and delayed at your vessel location, and that the medical facilities and attention available aboard the vessel are limited. Any advice or information given by us, the owner/operator or any of our representatives is based on a variety of perceptions and evaluations of the situation at hand. You understand and agree that any advice, information or assistance given should not be substituted for you being responsible for gaining professional medical advice or assistance.
Should you become ill while on charter or a course please let us know and consult a local doctor and your GP upon your return home. Should you make a claim against us as a result of that illness we will require the details of both doctors and your written authority to obtain medical reports from them. Other than as set out above, and as is mentioned elsewhere in these booking conditions, we shall have no legal liability for any loss, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of your charter or course.
If you have a complaint during your charter please let us know straight away so that we can try to resolve it. If you do not let us know about your complaint whilst on charter we will not have had the opportunity to rectify it and this will reduce or extinguish your rights to compensation. If you are in any way dissatisfied with the service provided by your designated skipper, sailing instructor or flotilla staff you should inform a member of the Island Sailing management team straight away. If you remain dissatisfied you should contact Island Sailing as soon as possible in writing within two weeks of the end of the charter.
If you are in any way dissatisfied with the delivery of training on an RYA sailing course you should immediately inform your instructor or the Training Centre Principal who will endeavour to rectify the situation. If you do not let us know about your complaint whilst on the course we will not have had the opportunity to rectify it and this will reduce or extinguish your rights to compensation. Instructors will, when appropriate, fill in an Incident Report to record the details of the complaint and you will receive a copy of the report. If you remain dissatisfied you should contact the Principal of Island Sailing as soon as possible in writing within two weeks of the end of the course. If you are still not satisfied, you should contact: The Royal Yachting Association, RYA House, Ensign Way, Hamble, Southampton, SO31 4YA. Our liability to you for any loss or damage which you may suffer is limited to the price of your course(s). If every aspect of the delivery of an RYA course has gone wrong and you have not received any benefit the maximum payable will be £1200.
Whilst staff and representatives of Island Sailing including flotilla crew, sailing instructors and skippers may make suggestions and recommendations in regards to any aspect of the charter or other activities and products including, but not limited to villas and accommodation, restaurants, tavernas, mooring locations, shops and services they are in no way liable for your overall enjoyment or satisfaction. Island Sailing, nor its staff or representatives are not liable whatsoever for any other activities you may partake in during your charter.
Yacht insurance cover
The yachts carry hull insurance and are insured for third party property damage and personal injury. In the event you or your party cause damage or loss to the vessel (howsoever caused) or to property belonging to a third party you will be liable for the damage up to the value of the Security Deposit paid at the base, except in the case of gross negligence, malicious damage or reckless conduct as defined below.
By asking us to confirm your booking you are agreeing to comply with the content of this section and to give the relevant pre-authorisation security deposit. You will be asked to sign a form before embarkation confirming that you fully understand your obligations as per these booking conditions in the event of any loss or damage to the yacht, ancillary equipment or third party property.
Before a yacht charter a security pre-authorisation 'hold' deposit (Security Deposit) is taken by VISA or Mastercard credit card (we are unable to accept debit cards or cash) to cover the insurance excess for any loss of or damage incurred to the yacht or its ancillary equipment or damage to or loss of non-insurable loose items such as dinghy, lifesaving equipment, outboard engine, GPS and so on and/or to any third parties. The Security Deposit will be taken prior to embarkation and if you do not pay we reserve the right to cancel your booking without further liability and without any right to a refund and you will not be entitled to continue with the charter. We can only accept a credit card from the Party Leader and if you do not possess a credit card with sufficient available funds to cover the deposit you must inform us at the time of booking. The security deposit is dependent on length overall of yacht as follows: 31-39 feet €2000, 40-49 feet €2500, 50 feet and above and all catamarans €3000. This is also security against late return of the vessel or the vessel being returned in a condition other than its condition on the start date, and against any loss or damage suffered due to any breach of these conditions, but without prejudice to any claim over and above the security deposit, which we may have.
If you or your party cause damage or loss to yachts, any ancillary equipment or to property belonging to a third party and such damage or loss is caused as a result of your gross negligence, malicious damage or reckless conduct you will be liable for the full extent of the loss suffered and our right to claim against you will not be limited or waived in any way by the payment of the security deposit. Acts that will be considered as gross negligence or reckless conduct will include, without limitation, not obeying Island Sailing's instructions, sailing outside the defined sailing area and/or hours, sailing under the influence of alcohol and/or drugs, running aground, not having sufficient crew in charge of the yacht at all times, not being in control of the yacht by means within the control of the skipper, taking the yacht single handed, acts of gross negligence or on your part then you will be liable for the full amount of repair or replacement and any resulting costs. Adults will at all times be responsible for minors in their charge.
On successful completion of the charter the pre-authorisation 'hold' deposit charge will not be completed and the 'hold' will lapse. If damage, loss or incident occurs the ‘hold’ deposit charge process will be completed and you will be informed in writing. We may not be able to confirm the cost of damage or loss at the end of the charter period until a professional estimate or quote is provided. Where the direct and/or indirect costs (including loss of charter revenue) are less than the deposit charge any remaining balance will be returned when the costs have been confirmed. If the yacht requires lifting for full inspection to assess damage you will be required to pay in full for this charge.
In the event that we determine that accidental damage or loss was caused to the yacht and/or its contents or ancillary equipment during the period of your arrangements, you will be liable to us for all losses and damages incurred by us as a result up to the value of the security deposit. In the event that we determine that damage or loss was caused to the yacht and/or its contents or ancillary equipment during the period of your charter as a result of your gross negligence or reckless conduct, you will be liable to us for all losses and damages incurred by us as a result. In both instances we reserve the right to retain, where applicable, part or all of the relevant security deposit. We may use all or part of the security deposit to repair any damage caused to the yacht and/or its contents or ancillary equipment during the period of your charter, including without limitation the costs involved in lifting the yacht for a full inspection to assess the damage to the yacht.
Retention of the security deposit will not in any way limit or prejudice any claim which we may have over and above the sum of the security deposit paid by you where the loss or damages was caused or contributed to by your gross negligence, malicious damage or reckless conduct and in these circumstances you will remain liable to us for the balance of any such losses or damages incurred by us over and above the sum of the security deposit. In the event that the losses or damages suffered by us as a result of any breach by you of these booking conditions and any damage damages caused to the yacht or its contents during the period of your arrangement is less than the relevant damage deposit/security deposit, we shall refund, as relevant, part of the security deposit to you as soon as reasonably possible after the damage has been repaired or the repair costs have been ascertained. In the event of any disagreement over damage or loss, we shall retain the relevant security deposit until the matter is resolved. We reserve the right to pursue a claim against you for the full extent of our loss.
Please notify us of any potential claim immediately recording all information regarding any incident including gaining witnesses, taking photographs, gaining written statements from witnesses and all third parties involved in the incident including written statements from skippers of other vessels involved stating liability and the total extent of damage or loss incurred. Conscious false or incomplete or insufficient statements and/or information required by us for insurance purposes and required by or given to you by the authorities regarding any incident from any member of your party will lead to the full amount of your security deposit being retained by us and could lead to all insurance being negated and you will be responsible for all resulting losses, damages, replacements and repairs.
You will assist us in recovering from any third party any sum which may compensate us for any sums we pay you. You are obliged to assign to us any rights that you may have against any person whose acts or omissions have caused or contributed to our legal liability to pay you compensation.
Bareboat and Flotilla Yacht Charter
By accepting this contract the lead name confirms that they and/or members of the crew are capable and competent to sail the yacht in the conditions and cruising area of charter and that the skipper has sufficient sailing experience to handle a yacht of the size and type chartered. The skipper must hold and produce a valid ICC Sail (International Certificate of Competence) or RYA practical Day Skipper certificate or higher, or equivalent sailing certificate or licence from an official recognised sailing body prior to your charter. A second crew member designated as ‘First Mate’ should be competent, fit, have previous experience on and knowledge of yachts and be over 18 years old. We may require that your skipper and crew demonstrate their competence in handling and navigating the yacht safely. When making way or underway you will have at least 2 persons on board at all times who must both be 18 years old or over and the skipper must be in charge of the yacht at all times. The yacht should only be operated by suitably qualified members of your party who are over 18 years old. You must be over 18 to operate the dinghy and at all times dinghies should be operated and navigated safely including a kill cord to be worn at all times. If it is of the opinion that the Skipper and or crew is not, or may not be competent we reserve the right to terminate the charter or to provide a skipper, if available, at your own expense as per the skipper rate listed on our website.
Before your charter the skipper signs an agreement and take-over form which includes legal requirements for yacht charter in Greek waters. The skipper should check the yacht, its equipment and ancillary items and by signing the declaration accepts the yacht is in good working order and accepts total responsibility for any damages or losses during the period of charter and agree to inform Island Sailing of any damage or loss to the yacht, its equipment or ancillary items. The skipper has responsibility for the safety of the crew and craft at all times and for assuring that he/she and the crew are competent to undertake the planned itinerary within the pre-determined cruising area as stated in the agreement. Before your charter we will explain the operation of the yacht to the skipper. The skipper must take note of safety information and written materials provided and fully familiarise themselves with the charts of the area and brief the crew on this, the yacht and its systems.
The skipper must ensure that they are contactable on the mobile contact number(s) provided at the start of the charter throughout the duration of the charter. The skipper is responsible for checking the inventory and yacht systems including all necessary engine checks before the yacht makes passage and for following the operating instructions relating to the engine and other mechanical and electrical systems and to inform us immediately if an alarm sounds or is displayed. The skipper is responsible for ensuring the yacht, its inventory and ancillary equipment are stowed and/or secured properly before the yacht makes passage to safeguard against damage or loss including checking all hatches are closed properly. Hatches, port lights, companionways should be fully closed in the event of rain or expected rain. After take-over you are responsible for any expenditure incurred for port-dues, water, fuels, oils and any other stores required. Night sailing, single handed sailing, towing other craft and partaking in racing is not permitted. The skipper must not allow the yacht to be sailed under an excessive amount of canvass that may lead to strains and stresses on the rigging and the sails. The skipper is fully responsible for the safety and security of the yacht at all times during the charter period. Unless the yacht is moored or anchored in a harbour, marina or similar location, he further undertakes that the yacht shall at no time be left unattended and at least one competent member of the party shall remain on board in such circumstances. The skipper is responsible for ensuring that him and his crew observe and abide by all regulations of Customs, Port, Harbour or other Authorities to which the yacht becomes subject as well as fully adhering to the Convention on the International regulations for Preventing of Collisions at Sea. The lead name is liable for any costs incurred to your party or Island Sailing should the EPIRB or DSC MAYDAY be activated or a voice MAYDAY called in a non-emergency situation.
When sailing in flotilla the skipper remains at all times responsible for the yacht and at no point do flotilla staff take on any responsibilities of skipper. The flotilla crew are only available to offer advice and assistance and will not take on the skipper’s responsibilities at any point, including if they are on the helm and they shall at no point be liable whatsoever for any damages or losses to yachts and equipment or property as it is the skipper who is fully responsible for the safety and security of the yacht at all times. You will arrive at the destination port each day at the time specified by your designated flotilla crew or Island Sailing staff or representative. The specified time can be effected for example by, but not limited to weather conditions, required yacht maintenance or changeable suitability of a destination port. We reserve the right to terminate without notice the charter arrangements and contract for failing to follow the request of your designated flotilla crew or Island Sailing staff or representatives. You will leave port no later than the time specified by your designated flotilla crew or Island Sailing staff or representative. If you arrive at the destination port earlier than the time specified by the flotilla crew or if the flotilla crew are unable to reach the destination port for any reason the flotilla crew will be unable to assist or advise you in any way. Island Sailing is responsible for designating your flotilla crew and reserves the right to make changes to flotilla crew personnel at any point before or during the charter for any reason. In the unlikely event that we are unable to offer a flotilla service for a period which exceeds 24 hours you shall receive a refund for this subsequent period which the service was not available for which you have pre-booked and paid for up to a maximum of £295 per yacht per week.
Skippered charters and Sailing Courses
At least one member of the party should be competent, fit, have some previous experience and knowledge of yachts and be over 18 years old and will agree to act as ‘First Mate’ assisting the skipper when required including but not limited to when mooring, when underway and making way. The First Mate should check the yacht and its equipment (with the assistance of the skipper or instructor if required) and by signing the take-over form accepts the yacht is in good working order and thereafter the lead name is responsible for any damage or losses caused by the actions or omissions or themselves or their party. (If you book an additional crew member to act as First Mate then the party leader shall check the yacht and sign the take-over form). After take-over you are responsible for any expenditure incurred for port-dues, water, fuels, oils and any other stores required In the interests of safety, throughout the charter and/or course all members of the party should be willing to assist the skipper where necessary. You are fully responsible for ensuring the yacht is kept clean, tidy and in an orderly fashion throughout the duration of the charter and/or course. The party member designated as ‘First Mate’ should not be under the influence of alcohol or drugs until the yacht has reached its final destination of the day and at all times during the charter should be fit and competent to assist the skipper as and when required. In the interests of safety, throughout the charter all members of the party should be willing to assist the skipper where necessary. The lead name is liable for any costs incurred to your party or Island Sailing should the EPIRB or DSC MAYDAY be activated or a voice MAYDAY called in a non-emergency situation.
Any issues or complaints should be made directly to Island Sailing base office staff and not the skipper or instructor. Island Sailing is responsible for designating your skipper, sailing instructor or crew and reserves the right to make changes to this personnel at any point before or during the charter/and or course for any reason. In the unlikely event that we are unable to offer a skipper, instructor or crew service for a period which exceeds 24 hours you shall receive a refund for this subsequent period which the service was not available for which you have pre-booked and paid for up to a maximum of £950 for a skipper, £1200 for a course(s) and £750 for crew. Island Sailing, its representatives and/or the owner/operator may make changes to your itinerary which may include mooring at the same port on more than one occasion; decide whether or not conditions are safe to make a passage and whether this should be under power or sail. Adults will at all times be responsible for minors in their charge. Individuals other than those specified on the charter form and crew list, animals, restricted items and illegal goods are not permitted on board.
You are responsible for ensuring your skipper, instructor or crew has sufficient food and drink and their own cabin on the yacht throughout the charter and/or course. If you fail to make adequate provision we reserve the right to deduct any expenses incurred during the charter by them from your security deposit.
During your charter and/or course
Yacht charters and courses commence at 17:00 on the day of arrival and ends at 09:00 on the day of departure. In the unlikely event of a delay in boarding the yacht we will use reasonable means to rectify the cause of the delay however, should the delay exceed 3 hours from the commencement of your yacht charter we shall provide accommodation of our choice at our expense until which time the issue causing the delay has been rectified or when we provide a full refund to you. In the unlikely event of a delay in being able to set sail from the yacht base within 24 hours from the commencement of your yacht charter we will use reasonable means to rectify the cause of the delay before a refund shall become due. Should the delay exceed 24 hours from the commencement of your yacht charter you will be entitled to a refund for this subsequent period of delay. Items that do not prevent yacht usage such as marine toilets, dinghy and outboard, windlass, entertainment systems, air conditioning, generator, electronic and log instruments (other than depth sounder), refrigeration, water and shower pumps will not be classified as causing a delay. We deem the value of an inoperable generator and/or air conditioning as £275 per charter and we will refund the pro-rated value in the event of failure to this amount. Once your charter has started and your yacht has left the yacht base we will not be liable for any loss, delay, inconvenience or extra expenses caused to you for any reason beyond our control.
Please report any damage, incident, defect or operational failure to Island Sailing and/or the owner/operator immediately recording all information regarding any incident including gaining witnesses and taking photographs. Please do not wait until the end of your charter or course to let us know about any issues, damage, breakages, losses, defects or operational failures as failure to notify us immediately may cause delays to the next charter of which you will be held responsible for any resulting costs or losses.
It is not permitted to smoke on any yacht either below or above deck. In the event of breakdown of equipment Island Sailing and/or the owner/operator must agree and authorise any necessary repairs prior to them being carried out. For an authorised repair not carried out by Island Sailing and/or the owner/operator, a receipt must be obtained which will be refunded in the case of repairs resulting clearly from normal and natural wear. You must not accept outside assistance or a tow prior to agreeing a fee with Island Sailing and/or the owner/operator (with the exception of instances whereby life or the yacht are in grave or imminent danger). Should you not agree a fee with us and/or the owner/operator prior to accepting assistance or a two you will be liable for all related costs. You are not permitted to be underway or making way during the hours of darkness (which shall run from the start of sunset to sunrise) unless the skipper believes the mooring is at risk of becoming untenable. You will be responsible for the full repair or replacement of any loss or damage caused by sailing outside the defined sailing area and defined hours, sailing under the influence of alcohol or drugs, running aground (except if this occurs when you have an Island Sailing appointed skipper or instructor on the helm), taking the yacht single handed, acts of gross negligence or malicious damage on your part or by not following the instructions of Island Sailing, your skipper or instructor and/or the owner/operator and will indemnify Island Sailing against any subsequent claims made against us by the owner/operator including any resulting legal expenses incurred. Should you request a call out that, following investigation is not deemed to have been necessary you shall be charged for the related costs and fees of the call out including £100 per hour for call out boat, £50 per hour for technician or engineer and £100 sewerage fee for unblocking heads. If a call out is requested we will expect you, wherever possible to meet us at a location designated by us. Should a yacht require essential maintenance or repair beyond the reasonable and required level of ability of the skipper during the charter to such an extent that it cannot be used for a period of more than 24 hours you will be entitled to a refund for the subsequent period of delay unless the issue has occurred through your act, omission or negligence. Items that do not prevent yacht usage such as marine toilets, dinghy and outboard, windlass, entertainment systems, air conditioning, generator, electronic and log instruments (other than depth sounder), refrigeration, water and shower pumps will not be classified as causing a delay. We deem the value of an inoperable generator and/or air conditioning as £275 per charter and we will refund the pro-rated value in the event of failure to this amount. Should the yacht become unseaworthy or become an actual or constructive total loss during the charter period no monies will be due to you.
For reasons of safety and practicality Island Sailing, your designated skipper or instructor and/or the owner/operator may make changes during the charter or course including but not limited to your itinerary which may include mooring at the same port on more than one occasion; decide whether or not conditions are safe to make a passage, time of leaving and arriving at each destination and whether the yacht makes way by sail or motor. Your designated skipper, instructor or Island Sailing staff or our representatives may choose to sail the same route as the flotilla lead boat where they see fit.
Adults will at all times be responsible for minors in their charge. We cannot be held responsible for under age consumption of alcohol. Individuals other than those specified on the charter form and crew list, animals, restricted items and illegal goods are not permitted on board. The party leader will ensure that all members of their party will observe the standards of personal conduct which will not be considered offensive, cause distress, damage, danger or annoyance to other customers, Island Sailing staff and their representatives, skippers, instructors, owner and/or operators and any third party or to property; to ensure that no member of their party will take any action which may jeopardise the safety of fellow clients, Island Sailing staff or representatives, skippers, instructors or boats and that all members of their party will observe the rules of any relevant authorities to which they may become subject.
Island Sailing, your skipper or instructor and/or the owner/operator reserve the right in our absolute discretion to terminate without notice the charter or course arrangements and contract in the event of unacceptable behaviour of any customer whose behaviour, in their opinion is likely to cause distress, damage, danger or annoyance to other customers, staff, any third party or to property or when any customer refuses to comply with the reasonable instructions of Island Sailing, skipper, instructor and/or the owner/operator or representative. Upon such termination our responsibility for your charter or course ceases and we shall not be liable for any refund, compensation or any other costs you have to pay.
Your yacht must be returned to its base fully equipped, clean and in the same condition as at the start of the charter by 17:00 on the penultimate day of your charter and vacated by 09:00 on the last day of your charter. At the end of your charter you will ensure that the yacht, outboard and spare fuel tanks are full of fuel and the yacht’s water tank(s) are full otherwise we reserve the right to deduct such costs from your security deposit. When you return the yacht Island Sailing and/or the owner/operator cannot accept that it is free from defects that may not be immediately apparent. Please return your yacht in a clean and tidy condition, otherwise we reserve the right to deduct reasonable cleaning costs from your security deposit in addition to the standard cleaning fee outlined in your confirmation statement. Any losses or damage payments require settlement prior to leaving the yacht charter base. If these payments are not made we will raise an invoice charging an additional £30 administration fee. Late return of the yacht will cause the security deposit to be forfeited.
Weather
The wind and sailing conditions outlined on our website or within any other written or verbal communication are provided purely as a guide of the conditions to expect. Sailing experience of skipper and crew should be taken into consideration as conditions can vary.
RYA Certificates
Island Sailing has high standards of instruction and applies RYA guidelines on the issue of certificates. Certificates and applications for International Certificate of Competence will not be issued if, in the opinion of the instructor, Chief Instructor or Principal the student has not reached the necessary standard. If you fail to satisfy any pre-course practical or theoretical requirements specified by us you may not be able to undertake the course(s) you have booked.
Own Boat Instruction
In own boat instruction, all the above conditions apply. In addition the owners will be required to:
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Ensure that the yacht is equipped appropriately and is maintained in a proper and seamanlike condition for the intended sailing area.
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Ensure the yacht is fully insured for the duration of the instruction.
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Provide all travelling and out of pocket expenses for the Instructor from Lefkas, Greece or their home, whichever is the least.
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Retain responsibility for the safety of the yacht throughout. The instructor will not take on the skipper’s responsibilities at any point, he/she will however advise the owner on safety matters.
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Island Sailing will make every effort to ensure that the course takes place as planned. However, if in the instructor’s opinion weather conditions, safety, or any other consideration renders it imprudent to continue, then the instructor’s decision is final. Island Sailing does not accept liability for the consequence of delay or cancellation in any circumstances.
Privacy Policy
Our Privacy Policy sets out what information we collect, how we collect it, and what we do with it. Our Privacy Policy applies to you and is available on our website and through other channels. In all your dealings with us you must ensure that others you represent are aware of the content of our Privacy Policy and consent to your acting on their behalf.
Your Information
This refers to a combination of information such as your name, contact details, travel preferences and special needs/disabilities/dietary requirements that you supply us or is supplied to us, including your social preferences, interests and activities and any information about other persons you represent (such as those on your booking). Your information is collected when you request information from us, contact us (and vice versa), make a booking, use our website(s)/apps, link to or from our website(s)/apps, connect with us via social media and any other engagement we or our business partners have with you. We will update your information whenever we can to keep it current, accurate and complete.
Our Use of Your Information
(1) For the purpose of providing you with our services we may disclose and process your information outside the UK/EEA. These requirements may be mandatory (for example as required by government authorities) may differ depending on your destination. Even if not mandatory, we may exercise our discretion to assist where appropriate.
(2) We may collect and process your information for the purposes set out below and in our registration with the Office of the Information Commissioner, and disclose the same to our group companies for business purposes and also to companies and our service providers who act as “data processors” on our behalf, or to credit and fraud agencies (some of whom are located outside the UK/EEA). These purposes include administration, service, quality and improvement-related activities, customer care, product innovation and choice, business management, operation and efficiencies, re-organisation/structuring/sale of our business (or group companies), risk assessment/management, security, fraud and crime prevention/detection, monitoring, research and analysis, social media, reviews, advertising and marketing, loyalty programmes, profiling customer purchasing preferences, activities and trends, dispute resolution/litigation, credit checking and debt collection.
(3) Information (such as health or religion) may be considered “sensitive personal data” under the Data Protection Act 1998. We collect it to provide you with our services, cater to your needs or act in your interest, and we are only prepared to accept sensitive personal data on the condition that we have your positive consent. By booking with us you also agree for your insurers, their agents and medical staff to exchange relevant information and sensitive personal data with us in circumstances where we/they need to act on your behalf or in the interest of travellers or in an emergency.
If you do not agree to ‘Our Use of Your Information’ above, we cannot engage/do business with you or accept your booking.
Marketing Material
(1) Using your information, we may from time to time contact you with or make available to you (directly or indirectly) information on offers of goods and services, brochures, new products, forthcoming events or competitions. We will tailor the information you receive or see; this will enable us to make available to you more personalised and relevant communications. We may use innovative technologies and work with business partners to achieve this.
(2) We will assume you agree to e-communications when you make an e-booking or provide us with your email in other situations such as competitions, promotions and social media.
(3) You may indicate your preference regarding receiving third party marketing material and contact. If you agree, you will establish new relationships with these third parties and deal with them directly.
(4) If you do not wish to receive such information or would like to change your preference, please refer to point (2) of “Your Rights” below.
Your Rights
(1) On completing our Data Subject Access Request form, you are entitled to a copy of the information we hold about you (for a £10 fee) and to correct any inaccuracies.
(2) You have the right to ask in writing not to receive direct marketing material from us. If available, you can amend your previous preference on our website(s), use our “unsubscribe email”, opt-out of personalised emails or refer to our literature containing instructions. Once properly notified by you, we will take steps to stop using your information in this way.
Foreign Controls
Outside the European Economic Area (EEA), data protection controls may not be as strong as the legal requirements in this country.
Use of Tools/’Cookies’ and Links to Other Websites
If our contact and dealing with you is via our website(s) or other e-platforms where our advertising is displayed, cookies may be used. site uses cookies to store information on your computer. Some cookies on our site(s) are essential, and the site(s) will not work as expected without them. These cookies are set when you submit a form, login or interact with the site by doing something that goes beyond clicking on simple links. We also use some non-essential cookies to anonymously track visitors or enhance your experience of the site. Our website(s) may contain links to third party websites or micro-sites not controlled or owned by us. For example, reference sites or ancillary products and services sites or websites owned by our sister companies. It is your responsibility to check the status of these sites before using them. Please read their applicable terms and conditions, etc. carefully.
Monitoring
To ensure that we carry out your instructions accurately, improve our service and for security and fraud, we may review, monitor and/or record: (1) telephone calls; (2) activities using CCTV in and around our premises; (3) transactions and activities at all points of contact; and (4) web, social media and app traffic, activities, etc. All recordings and derivative materials are and shall remain our sole property.
Security Statement
We have taken all reasonable steps and have in place appropriate security measures to protect your information.
Changes to this Policy
Any changes to this Policy will be either posted on our website, brochure and/or made available on request.
Data Notices
Customer Data
To provide your charter/course and ensure that it runs smoothly, we need to use information such as your name and address, special needs, dietary requirements etc. please be informed that we must pass it to our suppliers; we may also supply it to public authorities such as customs and immigration, coastguards and port authorities. When you make your booking you consent to this information being passed to the relevant people.
Any likeness or image of you and members of your party secured or taken on any of our charters may be used by us without charge in all medias (whether now existing or in the future invented) for bona fide promotional or marketing purposes, including without limitation promotional materials of any kind such as brochures, posters, video shows and the internet.
Behaviour
We reserve the right to refuse to except you as a customer or continue dealing with you if we, or another person in authority, believes your behaviour is disruptive, causes unnecessary inconvenience, is threatening or abusive, you damage property, you upset, annoy, disturb or put any other person or our staff or representatives in the UK or abroad in any risk or danger, on the telephone, in writing in person.
If the skipper, instructor or crew of your yacht or any marina staff or any of our representatives believes that you could be disruptive they can refuse to let you proceed with your charter, restrict your movements onboard or disembark you from a boat. For the purposes of this section reference to “you” or “your” also includes any other member of your party.
