Your Contract is with Charter From Ltd which is registered in England and Wales, Company Number 9413288, and trading as "Activity Yachting Holidays". In these conditions the 'Company' or "us" shall mean Charter From Ltd and the 'Client' shall mean the Party Leader and everyone booked by the party leader on that booking. If any part of these Booking Conditions is found to be invalid or unenforceable, then the remainder of these Booking Conditions will not be affected and will remain valid and enforceable.
All yacht charter or associated arrangements, are made by Charter From Ltd, acting as an agent on behalf of yacht or accommodation owners, operators and travel providers, normally based in the country you are travelling to. Conditions mentioned below, are general ones that apply yacht charters from all suppliers. Most suppliers will also issue their own Booking Conditions, that relate to only their specific yachts, and we will include a link to these at step 8 of your Booking Check List. There should be nothing in these terms that is not covered by our general terms below, but please note that in the event of any dispute between you and the yacht supplier, the supplier will base everything on their own Booking Conditions. Please therefore ensure that you check these and clarify any questions that you have with us prior to confirming any booking with us.
Payment of a deposit implies acceptance of both our booking conditions, and those of the supplier, by every member of the party.
1. There will be no contract between the company and the client until the client has confirmed that they wish to book the particular holiday that they have been offered and that they understand and accept the Booking Conditions and
a) The company has received the first or total payment, and issued a Booking Confirmation, and changed the status on the Booking Check list to "Confirmed".
b) It is the clients responsibility to check the Confirmation upon receipt, and to alert us to any discrepancies or if they feel that they have misunderstood any aspect of what they have booked. Where a major change is involved we must be contacted within 24hrs of the dispatch of the Confirmation.
c) An on line check list, is used to manage the booking process. Every Party Leader will be given log in details when they first get an option, and these details must be retained until the completion of the holiday. Every stage of the booking check list must be completed before the holiday commencement date, and some information cannot be entered within a week of travel. The company accepts no responsibility of any kind for any delays regarding the preparation of yacht paperwork or problems with resort transfers if the latter has not been done.
d) On completing the booking, the client accepts these conditions on his behalf and of all those in his party. Should the client choose to allow other members of the party to access the booking check list, it is his responsibility under the Data Protection Act to ensure that all members of the party are in agreement with this, and the company shall have no liability whatsoever in this regard.
e) It is a condition of the contract that the client will ensure that all members of the party take out personal travel insurance, suitable for the type of holiday, and this should be arranged as soon as the holiday is confirmed. If you choose not to do this, then you agree that you are taking full responsibility for any issues or costs of any kind associated with this decision, and that the company or its suppliers have no liability of any kind in this regard.
f) Where any of the party has a medical condition that may require special arrangements, or which could involve a safety issue either for the client themselves, or any other crew member that they may be sailing with, it is essential that this is discussed with the company before completion of the booking, otherwise we cannot guarantee to deliver the holiday as booked. The existence of a medical condition does not mean that you cannot participate in our holidays but special arrangements may have to be made.
g) To enable the company to operate or organise your holiday, we have to provide some or all of the Data that you give us to third parties so that items like Crew lists etc can be prepared and in making this booking you consent to this information being passed on as required.
2. It is the client's responsibility to obtain all general information concerning passport, visa, health requirements applicable to traveling abroad, and to ensure that he complies with all applicable requirements and takes with him all documents required for his holiday, including copies of appropriate skippers and VHF operating licence's where a yacht charter is involved. The company will not be liable for any failure by the client to discharge these responsibilities and the client will have to reimburse the company for any costs it incurs as a result of such failure on the part of the client.
3. To confirm a booking a first payment will have to be made, and then the balance will be due, normally 10 weeks prior to the departure date, with the exact time being clarified on each booking. The balance due date can be viewed on the Booking Check list at any time. If the balance has not been paid by this time, the company may cancel the booking and levy the cancellation charges set out below. No Reminders or Statements will be sent after the initial confirmation invoice.
More than 10 weeks (70 days) prior to departure: First Payment only (normally between 15% to 50%)
Less than 10 weeks prior to departure: Holiday cost in full (100%)
Cancellation shall only be effective when written notification sent by e-mail or post, is received from the party leader that made the booking.
4. We reserve the right to amend our prices at any time prior to booking. However once a confirmation invoice has been issued, the company guarantees that the price of your holiday will not be subjected to any surcharge except in cases where we are required by law to charge a Government tax or levy, introduced after your booking is made
5. We will always make every effort to deliver the holiday as booked, but sometimes changes are forced upon us. If the company makes a major change or cancels the holiday after it has been confirmed but before departure the client will have the choice of: (a) accepting the cancellation or changed arrangements; or (b) taking another available holiday with the company (if it is more expensive the client must pay the difference, but if it is cheaper the company will make an appropriate refund); or (c) (in the case of a major change) canceling the holiday and receiving a full refund. A major change is a change of resort, or a change to a lower grade accommodation or yacht. Any other change is minor. In all cases our liability is limited to the amount of payment received by us and we cannot accept any responsibility for any additional expenses incurred by the client
6. We cannot accept responsibility or pay compensation where we are forced to change or cancel your holiday due to Force Majeure, meaning unusual and unforeseeable circumstances beyond the company's control, the consequences of which neither the company nor its suppliers could avoid, including but not limited to war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, pandemic, fire, flood, adverse weather conditions or the threat of any of these. If there is a minor change, the company is not obliged to notify the client, although it will try to do so, nor is it liable to pay compensation.
7. All yachts are offered for charter under the following conditions
a) the person identified as skipper on the booking crew details, is suitably qualified and has sufficient experience to handle the size of yacht in question. At least one other person must be experienced enough to act as crew.
b) the skipper undertakes to follow all operating and service instructions for the yacht, both from any onboard handbook and as advised at check in.
c) the skipper undertakes to advise the supplier as soon as possible of any failure to the yacht, her engine or equipment, and where immediate repairs are needed, to facilitate the supplier to enable the requirements to be assessed and repairs carried out, even if this means changing sailing plans.
d) the skipper undertakes not to take the yacht to any area where specific instructions state that the yacht should not be brought. The above in particular relates, but is not limited, to certain known hazards such as low bridges, areas with badly marked reefs etc.
e) the skipper undertakes not to accept a tow without agreeing a towing fee. Any skipper agreeing to tow another boat must only do so either as a matter of safety, or as agreed by the company or the on site operator of the yacht, and agrees not to attempt to make any subsequent salvage claim against the towed yacht.
f) when you book to join a flotilla, it is a condition that you will follow the guidance and instructions of the flotilla lead skippers at all times. This includes, but is not limited to restrictions about sailing areas and decisions made based on the weather forecast. This condition however in no way lessens each individual skippers responsibilities for their own yacht, and at no stage can this responsibility be assumed to have been passed onto any of the flotilla lead skippers, simply because they are assisting another yacht in some way.
g) when mooring in marinas, the responsibility for ropes going around the propeller and any subsequent problems, or any other damage caused while manoeuvering is totally with the party leader or skipper of that yacht, and any incidents of this nature cannot be blamed on either any of the flotilla lead crew, or any other person that is assisting the mooring process.
h) night sailing is generally not permitted except where it becomes necessary for safety reasons. Often our charters are in areas with lots of small islands which are not well lit and not regarded as safe for night sailing unless you have specialized local knowledge, and all night sailing has to be agreed in advance with the company or yacht supplier.
8. When mooring in public ports or private marinas, all mooring costs must be paid by each yacht and any marina or port rules must be adhered to and the company, or their lead skippers (where you are sailing as part of a flotilla) have no special concessions in this regard. This is particularly relevant for flotillas in Croatia where the ports tend to be very organized and often the local staff managing the port or marina insist on controlling the mooring of the flotilla yachts in the evenings, and flotilla lead crew can do nothing to change this.
9. Yachts are fully insured, including third party insurance, and all yachts have an insurance excess (usually of 1000 to 3000 Euros). This is normally paid as a refundable Security Deposit on a credit card, and taken by the local supplier, at check in. This will then be refunded in full on returning the yacht and all of her equipment, in the same condition as it was at the start of the charter. Should any incidents occur while the yacht was your responsibility, irrespective of the cause, then the charterer is entitled to hold back all or a portion of this deposit to pay for the repairs. Some suppliers will offer a non refundable insurance instead or you can arrange your own in advance, and we can advise on companies offering these. In all cases any issues regarding a refundable deposit will have to be sorted out directly with the yacht supplier on site, and we can have no involvement in this.
Where any yacht is involved in any incident that causes damage of any kind, irrespective of who is at fault, the skipper or party leader, is obliged to immediately inform the Charter company. Should you not do this, and it then turns out that an insurance claim needs to be made, then it is possible that the insurance will not cover the damage and in this case the skipper or party leader may be held responsible for the total cost of all damages. Normally insurance is only valid once a formal report of the incident is registered with the local port police and in some locations like Croatia, the authorities state that any report must be made within 24hrs of the incident occurring.
10. If you are sailing as part of the flotilla from Murter in Croatia, then you may be sailing on board a yacht that is classed as being from our "in house fleet". In this case then the insurance excess is included in the total holiday price paid so no additional refundable deposit is required, subject to the following conditions.
a)You accept liability for up to the first 100 Euros for accidental damage to the yacht or her equipment or for sundry items broken or lost like Boathooks, Winch Handles, Dinghy Paddles etc.
b) However where there are larger costs arising directly as a result of an incident with the yacht, whether caused by incompetence, negligence or simply bad luck, you will then be liable to pay up to the first 450 Euros, per single incident, before the yacht insurance can be claimed upon. This will also apply where more significant damage to the yacht itself is done or sails are destroyed or more major items are lost such as the dinghy.
c) Payment for either of the above is to be done either directly with the base in cash on site or as agreed otherwise.
d) This insurance excess is only valid for as long as you remain with the flotilla, and are following the flotilla leaders instructions, or have agreed with the flotilla lead skipper that you will be heading off on your own while still remaining within the general flotilla area. Should you deliberately head off on your own without the agreement of the lead crew, or choose to ignore their instructions, and then incur damage, irrespective of the cause or fault, then you will be liable for the full insurance excess as stated on the insurance policy of that yacht.
11. With all yachts, the Security Deposit Insurance or Refundable Deposit only covers the insurance excess on the yacht chartered, and any incidents directly related to that yacht. There is no provision for any ancillary expenses that may arise out of an incident, and where a yacht is damaged such that you cannot continue to use it, then the insurance does not provide any cover for a replacement yacht or alternative accommodation, and any costs incurred in this regard would have to be paid by you directly to the supplier of those services.
12. For bookings relating to yachts that are not classed as being from our "in-house fleet", then to satisfy their requirements it may be necessary to request that in addition to our booking requirements, that a charter contract and crew list from that company are also filled in. These may incorporate legal requirements for yacht charter in the country where you are chartering. Where possible this will be done at the time of completing our booking, but in any event, it is a condition of the booking that those forms will be completed and returned to us without undue delay. We cannot be held responsible for any forms not returned or incorrect information provided.
13. Where a yacht is being provided by a local supplier and we have made it clear that we are acting as an agent, even if you are sailing with our flotilla, then all specific issues to do with the yacht and the refundable deposit or insurance, will be directly between you as the client and the local supplier as the charterer. The local supplier has full responsibility for the maintenance and repairs of the yacht and if there are any problems or issues with the yacht, you will have to deal directly with them for this.
14. Should there be any unresolved problems at the end of a charter, you must bring these to the attention of the local supplier before leaving the yacht, and should you have any outstanding grievances, these should be submitted in writing directly to the supplier before you depart. In the event that an issue is still unresolved at this stage, we will certainly try to assist you in resolving matters, but if a satisfactory solution cannot be found, then the final option will always have to be resolved directly between the supplier and you as the client, in a court in the country where the yacht charter company is based.
15. In the event of any damage to the yacht howsoever caused the charterer agrees to the timely return to allow satisfactory repair for the next charterer. If damage is due to negligence or, incompetence the charter may forfeit any remaining sailing days
16. The company, or our local suppliers reserve the right to either prevent a charterer from taking a yacht out to sea by themselves or to put one of our/their skippers aboard at the charterer’s expense in the eventuality that the charterer’s experience of skippering a yacht is not satisfactory or as stated on the booking details.
17. For Learn to Sail Holidays, the instructor is in overall charge of the yacht at all times and his instructions must be followed by all crew. The issuing of certificates is solely at the discretion of the instructor and in all situations and cases the decision of the professional skipper(s) on site is final.
18. For share a yacht holidays where you join others that you do not already know, one person must be put down as the skipper on the paperwork, and this will normally be the person that appears on the booking information to be the most experienced or qualified. In practice it is expected that all suitably qualified crew can share the day to day skippering duties, and all crew accept to share responsibility equally for any mooring fees or problems that may occur. If you are a qualified skipper, but do not want to be the skipper on the paperwork, then this must be made clear to the company before the booking is confirmed.
19. It is a condition of joining a Share a Yacht holiday that you are prepared to share on any of the Share a Yacht boats that are available that week. The company will try to accommodate any particular requests but cannot promise to do so. If a personality clash occurs between crew members, and you are sailing as part of a flotilla, then the lead skippers will make every effort to find a suitable solution and to diffuse any uncomfortable situation, possibly by moving crew around etc, but often their options are limited in this regard and all share a yacht clients agree to accept their decision as final.
20. In the very rare event of over-booking by a hotel/villa/yacht of which the company is not aware before the client departs, the client will be offered alternative accommodation/yacht on arrival, which accommodation/yacht will be of a comparable standard if available. If the location and/or facilities of the alternative accommodation/yacht can reasonably be considered inferior to that originally booked, the company will compensate the client by paying him the difference in price (if any) between the two properties/yachts plus compensation of up to 5% of the original yacht or accommodation cost.
21. During your holiday a photograph that you or one of your party feature in, could be taken either by another client or by a representative of the company, and this photograph could subsequently be used for promotional purposes. Should you have any particular objections to this, upon notifying the company, where practical, we will attempt to remove the photograph, which we can only do from electronic media that we control, but not from 3rd party web sites or from material that has already been printed. By choosing to participate in the holiday, every client is accepting that their image could appear in a photograph and where the company is unable to remove the photograph, that they have no further liability in this regard. Where anybody feels strongly on this issue, please make this known to the photographer, before the photograph is taken.
22. All complaints must be made at the time of occurrence to the company's representative on site or to the supplier of the facility or service concerned to allow them the opportunity to deal with the issue, failing which the client's legal rights will be reduced or even extinguished. For any issues that cannot be resolved on site, then a written complaint should be left on site, and all claims against the company must be submitted in writing to the company in the UK within 28 days of the client's return.
23. This contract and any matters arising from it are governed by the law of England and are subject to the jurisdiction of the courts of England.
