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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 contact@island-sailing.com or by post to Cancellations, Island Sailing, Customer Service, 86-90 Paul Street, London, EC2A 4NE, UK. If you cancel your booking the principal(s) or supplier(s) will charge the cancellation charge shown in their Terms and Conditions (which may be 100% of the cost of the charter arrangements) and you must pay us the cancellation fee of £100 per charter. The cancellation of your yacht charter may not take effect until we have received your written instruction and any monies due as a result of your intended cancellation.

Please bear in mind that it could take us up to two clear working days to communicate any intention to cancel to the principal(s) or supplier(s) therefore please take this into account when calculating your cancellation costs. Administration fees and service charges are non- refundable.

AMENDMENTS

We are happy to assist with any amendment to your yacht charter that you may wish to make and where changes are permitted by the principal(s) or supplier(s). However, we cannot guarantee that such requests will be met. We may ask for your instruction and agreement in writing. We will charge an amendment fee of £100 per amendment. This will be charged in addition to any changes in charter price, costs or fees applicable that are applied by the principal(s) or supplier(s).

It is not possible to refund individuals within your party or where the amendment or cancellation is because the number of persons within their party is less than that required for the charter booking. If you wish to make an amendment to the number of people within your party after the initial booking, so long as the total party remains within the per person minimum/maximum requirement for the yacht chartered we can make such requests to the principal(s) or other supplier(s). An amendment fee may apply. It may not be possible to change all the names on your booking and in most cases the Charterer on the original booking must remain.

We cannot pay any compensation, reimburse expenses, damages, costs or cover losses for any amount or otherwise accept responsibility if, as a result of circumstances beyond our control which necessitates a change or cancellation of your charter after booking, or we, the owner/operators or suppliers, have informed you that they cannot supply your charter. No compensation will be payable if your charter is cancelled as a result of your failure to comply with any requirement of these terms and conditions and the terms and conditions of the principal(s) or supplier(s) (such as paying on time), or because of unavoidable and/or extraordinary circumstances beyond our control (listed below).

CHANGES OR CANCELLATION BY THE SUPPLIER

We will inform you as soon as reasonably possible if the principal(s) or other supplier(s) needs to make a significant change to your confirmed arrangements or to cancel them. We will also inform you in relation to any alternative arrangements offered by them (if any), you will need to let us know your choice within the time frame we stipulate but we accept no liability for any changes or cancellations made to your arrangements by the principal(s) or other supplier(s) under your contract with them.

UNAVOIDABLE AND EXTRAORDINARY CIRCUMSTANCES

Except where otherwise expressly stated in these Terms and Conditions, we cannot accept liability or pay any compensation where the performance of our contractual obligations, as agent is prevented or affected by or you otherwise suffer any damage, loss or expense as a result of unavoidable and/or extraordinary circumstances which will include, but are not limited to war or threat of war, riot, civil strife, terrorist activity, industrial dispute, unavoidable technical problems with transport, closure or congestion of airports, natural or nuclear disaster, fire, hurricanes, earthquakes, floods, epidemic, pandemic, government action, health risks, illness, terrorist activity, civil unrest, change to Foreign Office advice to advise against travel to destination, adverse weather conditions (actual or threatened) or similar events beyond our control.

INSURANCE

Many principal(s) or supplier(s) require you to take out travel insurance as a condition of booking with them. In any event, insurance is a vital part of any yacht charter booking so please ensure you take out adequate insurance at the time of booking. It is a condition of booking with us that you obtain travel insurance which includes cover against any COVID-19 issues or incidents which may affect or curtail your booking.

We strongly advise that you take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation and medical costs) in the event of accident, emergency or illness; as well as compensating you for permanent injury, death, delays, cancellation, curtailment, missed departure, personal liability, loss of baggage, money, personal possessions and other expenses, as well as ensuring you have cover for end supplier failure, force majeure events and any activities you have booked, including additional cover for sailing/yacht charter.

If you choose not to take adequate insurance cover, including in relation to COVID-19 and end supplier failure we will not be responsible to you for possible liabilities which may arise or for any costs you incur if you do not do this.

You are responsible for your independent travel arrangements to take up your charter and we accept no liability for any damages, expenses or cover losses of any description you may incur in regard to these. We will not be responsible for any curtailment of your yacht charter, missed transport arrangements, additional accommodation required, or other associated costs incurred by you. You must ensure you have travel insurance which covers these costs.

Please check your policy when you receive it and carry proof of insurance with you as you may be asked to produce this if reasonably requested including by us, or the principal(s) or supplier(s).

PASSPORTS, VISAS AND HEALTH

Your specific passport and visa requirements and other immigration and travel requirements and advice are your responsibility, and you should acquaint yourself and confirm these with the relevant government bodies, Embassies and/or Consulates. We cannot accept any responsibility if you cannot travel because you have not complied with any passport, visa, immigration or entry requirements. Please note that these requirements may change between booking and your charter. Most countries now require passports to be valid for at least 6 months after your return date. It is your responsibility to ensure that you keep up to date with the latest foreign travel advice as issued by the government. You may also be required to quarantine or self-isolate. Advice is updated on a regular basis and often at very short notice.

As with other activity-based activities, sailing and watersports activities contain an element of risk and participation in these activities is your decision.  It is your responsibility to ensure that you obtain proper and detailed medical advice prior to your charter and to check for the latest health requirements and recommendations for the relevant country/countries and any costs. Where you do not do so and either are not allowed to enter any country, we have no liability to you for any cost, loss or damage which you suffer nor will we refund you the cost of any unused portion of your charter arrangements. For those with existing medical problems, pregnant women and anyone who has recently visited other countries should check requirements with their doctor.

COMPLAINTS

As the contract(s) for your yacht charter is between you and the principal(s) or supplier(s), any queries or concerns relating to the yacht charter arrangements should be addressed to them. If you have a problem whilst on charter, this must be reported to the principal(s) or supplier(s) immediately. If you fail to follow this procedure, there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled to may be reduced or you may not receive any at all depending upon the circumstances. If you wish to complain when you return home, please write to the principal(s) or supplier(s). If you require further details or information in order to contact the principal(s) or supplier(s) from us, please contact us. Island Sailing, Customer Service, 86-90 Paul Street, London, EC2A 4NE, UK. Email: charter@island-sailing.com

PRIVACY AND COOKIES POLICY

Island Sailing understands and respects the importance of your privacy. This Privacy Policy explains what personal information we may collect from you, how we will look after that information, and how we may use your data. The Policy tells you about your privacy rights, and how the law protects you. The website uses cookies to distinguish you from other users. Some of these cookies are essential to make this site work properly, to allow you to make your yacht charter booking and to enable Island Sailing Limited to fulfil your purchase requests. Other types of cookie help us to provide you with a good experience when you browse our site, allow us to improve our site or the way we provide our service to customers. Our full Privacy and Cookies Policy can be found on our website here http://www.island-sailing.com/privacy-and-cookies-policy

SERVICE CHARGES

We will apply a non-refundable service charge for the services we provide as booking agent.

Cancellation fee: Principal's charge + £100 per charter

Amendments after booking has been confirmed: Principal's + £100 per amendment

Late Payment fee: Where late payments are permitted, 2% of the amount due.

ADDITIONAL SERVICES

Where we agree to provide additional booking services, for example transfer services to or from any such third party product or destination, our doing so offers no endorsement of the product or service we cannot accept responsibility for any of these services.

CORONAVIRUS (COVID-19)

You, “The Charterer” will be entering into a contract with the principal(s) or other supplier(s) of the yacht charter(s) and their Terms and Conditions will apply to your booking and we advise you to read these carefully as they will contain important information about your booking, including any policies in regard to payment and cancellation. You acknowledge that the COVID-19 pandemic has affected travel throughout the world. You acknowledge that laws, regulations and the principal(s)/suppliers(s) providing your yacht charter may require you to comply with various measures which have been introduced to manage the risk of COVID-19. These may include (without limitation) a requirement to undergo temperature checks, provide health information or certificates, wear personal protective equipment such as face-coverings and gloves and abide by social distancing requirements.

You acknowledge that certain principal(s)/suppliers(s), ports, airports, airlines, border control, government body, local authority or other third parties may require you to undertake certain health formalities, testing, assessment, provide documentation or satisfy other requirements aimed at managing the COVID-19 risk as a condition to you travelling, departing, entering or residing in a particular place. You also acknowledge that certain countries may impose vaccination requirements, quarantine or self-isolation measures upon travellers, whether in the place of destination or upon your return.

It is your responsibility to obtain details of these requirements ahead of your travel departure date and comply with and satisfy these requirements. We strongly recommend that you familiarise yourself with the advice from your national authority for overseas travel before departing.

If you fail to meet these requirements, or refuse to complete them, you may be denied boarding, exit, entry or access to some other facility or service including in relation to your yacht charter. We shall have no liability to you for any curtailment of your yacht charter, missed transport arrangements, additional accommodation required, refunds, compensation, expenses, damages or other associated costs incurred by you in relation to such matters or if you are unable to travel or make use of all or part of your booking because of these matters. You must ensure you have comprehensive travel insurance which cover the costs of such matters. The terms of this clause shall also apply to any other strains of Coronavirus and any other viruses, illnesses or health risks which may affect your booking.

For the avoidance of doubt, if your charter is affected due to COVID-19 related issues no refunds will be made.

GENERAL TERMS AND CONDITIONS OF THE PRINCIPAL  

BOAT’S ACCOMMODATION CONDITIONS 

1. CONTRACTUAL PARTNERS 

The charter party is concluded between the charter company – Waypoint (Waypoint d.o.o. tourist agency, Antuna Mihanovica 37, 21000 Split, Croatia and the Charterer, and may be concluded through the intermediary of the agency (Island Sailing Limited) if need be. 

2. PAYMENT 

The Charterer is obliged to make the down payment amounting 50% of the total amount within 7 days upon signing the accommodation agreement. The remaining amount of 50% he is obliged to pay 5 weeks before agreed accommodation. 

All payments need to be received 5 weeks before agreed accommodation. 

The price is inclusive of vessel use and insurance. The payment is being done in kunas on local currency account or in EUR through foreign currency account. Charterer is obliged to bear its bank costs. The bank details will be given to the Charterer on time. 

3. WAYPOINT COMMITMENTS 

Waypoint hands over the vessel to the Charterer with full fuel and water tanks, clean and in good working condition, and is obliged to do the check in together with the client according to the inventory list. In case Waypoint is not able to hand over the vessel in agreed place and time, the Charterer is entitled to ask the refund for the days he’s not been able to use the vessel. In case Waypoint is not able to hand over vessel within 24 hours after agreed deadline, he has to insure to the Charterer another vessel of same or similar characteristics. 

Any hidden defects of the yacht or its equipment, not known to Waypoint at the time when handing over the yacht, as well as any defects that occur after the yacht has been handed over to the Charterer, give no right for a request to lower the rental fee. In the case that some equipment was damaged or lost during the previous charter, and cannot be delivered before the departure, give no right for complaints if its lack does not influence on the navigation safety. 

4. CHARTERER COMMITMENTS, OBLIGATIONS AND RESPONSIBILITIES 

While handing over the vessel the Charterer is obliged to inspect the vessel together with the person in charge on behalf of Waypoint and sign the inventory list. By signing check in list Charterer confirms the reception of the boat in the condition as stated in check-in list which also includes under water part of the boat. 

The Charterer is obliged to: 

• have required documents as: passport or valid identity card, charter contract copy, sailing or motor boat licence inclusive of VHF operator licence, crew list with names and personal details of all crew members and residence registration certificate and keep it for the duration of the accommodation service period 
• notify Waypoint of any changes relating to the number of crew members or passengers made during the accommodation service period 
• navigate only within Croatian territorial waters 
• inform Waypoint if he wishes to undertake sailing out of the boundaries of the territorial waters of Republic of Croatia not later than 30 days prior to starting date of the accommodation service period 
• In case of failure of the vessel or its equipment inform the service provider immediately using the phone numbers stipulated in vessel documentation. The service provider is obliged to promptly correct the failure. In case the failure is corrected within 24 hours the Charterer has no right to reimbursement. 
• handle the yacht with due care and obey all the regulations. 
• be in possession of adequate skipper competency certificate. If Waypoint or the manager of the base come to conclusion that the skipper (charterer) does not have the required skills and edge he will have the opportunity of using assistance and help from a professional skipper, or the manager of the base will ask Charterer not to use the yacht by himself but to do it with a skipper with an extra charge. If the Charterer is not willing to be the skipper, he will name one before sailing. That person is co-responsible towards Waypoint. For all consequences in connection with handing over the role of the skipper to an unauthorized person, the Charterer is responsible. 
• keep and fill out the ship's log correctly and handle the yacht carefully, as well as the inventory and equipment. 
• check the engine oil and water every day. Damages in connection with a lack of oil or water in the engine are not insured and the Charterer will be the one charged at his expense. In case of serious damage, as well as when there are other vessels involved, the whole accident must be written down, signed by all the parties involved and reported to the closest harbour master officer. Also, Waypoint must be notified immediately. If the Charterer does not follow these instructions, he will be charged in full for all the damage. 
• return the vessel in agreed place and time, clean with full water and fuel tanks. In case the Charterer is in delay, Waypoint will charge him the daily accommodation price for less than 3 hours delay and with 3 days accommodation price for any delay over 3 hours. 

The Charterer is not allowed to: 

• lease the vessel or use it in commercial purposes, such as professional fishing, diving etc. 
• operate the vessel under the influence of alcohol and drugs 

5. INSURANCE 

Vessel insurance covers all maritime risks and is inclusive of obligatory insurance towards third persons. Any damage that happened during the accommodation period that wasn’t immediately reported to Waypoint will not be admitted according to the insurance policy regulations. In such case the Charterer is held responsible for all the damage caused as he didn’t inform or didn’t inform on time Waypoint . Personal property of skipper and the crew members is not insured so it is recommended to take out a separate insurance. 

6. CHECK IN / CHECK OUT OF THE YACHT 

check in: SATURDAY from 17.00 h check out: SATURDAY until 9.00 h 

The Charterer is obliged to return of the yacht no later than 18:00h the evening before the end of the charter (Friday) - overnight accommodation on board possible till 09:00h next day (Saturday). 

7. DEPOSIT 

Before the vessel hand over the Charterer is obliged to leave the security deposit as stipulated in charter agreement. The deposit needs to be left by credit card. In case of damage on the vessel equal to the franchise amount, the deposit the Charterer left will be used to cover the damage. 

8. ENGINE FAILURE AND SEVERE DAMAGES 

Should any damage caused by the usual abrasion of the materials emerge during the yacht charter, the Charterer has to inform Waypoint immediately, who is in the charge to organise reparation. Should the damage be repaired by the Waypoint within 24 hours, the Charterer will have no right to request any reimbursement.

If the damage cannot be repaired on the way and therefore a return to the charter base is required, the repair has to be organized preliminary in order for the boat to be repaired in time for the next client. The amount for the lost days of the charter in that case will be refunded only if the damage was caused by the Waypoint. Otherwise the Charterer cannot expect any reimbursement and will be liable to cover additional expenses for finding a replacement vessel. 

If severe damages, engine troubles, loss of vessel and/or personal injuries should happen, the Charterer is obliged to inform the Waypoint and obtain report and documentation on the emerged incident by other parties (e.g. port authority, physician, authorised expert, etc.). 

Always to have the yacht towed by its own line in the event of average or similar events, and to make no agreement about towing or salvage. 

Damages not reported to Waypoint or ones without documentation will be considered caused exclusively by Charterer's negligence, and as such will be covered at his expense. 

9. ACCOMMODATION CANCELLATION 

In case the Charterer due to any cause is not able to take over the vessel, he can find another client who is willing to be accommodating on the vessel in the agreed period. In case the Charterer is not able to find the substitute client, the Waypoint will charge the Charterer as follow: 

• 5 % within 7 days of booking confirmation 
• 10 % within 30 days of booking confirmation 
• 30 % of the total amount for cancellations 30 days after booking confirmation or 60 days before the accommodation period 
• 100 % of the total amount for cancellation less than 30 days before the accommodation period 

10. SPECIAL COVID-19 CANCELLATION POLICY 

• In case of closed borders (Croatian or clients home country) or obligatory quarantine without possibility to make test to avoid it, we offer voucher for the received amount. Voucher can be requested at the earliest 7 days before embarkation and only if the 100 % of the charter fee has been paid. 
• The obligation of Covid test before or after the charter is not sufficient reason to issue voucher. 

11. COMPLAINTS 

The complaints are being accepted only in written form upon the vessel return and only if signed by person in charge on behalf of Waypoint. The approved compensation cannot be higher than rental price. 

12. ARBITRAGE 

In case of dispute that cannot be resolved in friendly manner, the competence of Split Tribunal is being established.