Skylark 2 Booking Terms & Conditions

Skyelark 2 Charters Terms and Conditions 

I  – THE CONTRACT  

This contract is made between Skyelark Charters, registered in England, and any person(s) (the Client) booking with Yachtmate LTD to take part in any sailing event. All bookings are subject to these terms and conditions and it is agreed between the Client and the Business that any contracts will be construed in accordance with English Law and the jurisdiction of English Courts.  

Information given by the Client via booking form forms the basis of a contract and the Client will be accepting the booking conditions for themselves and members of their party.  

– II – BOOKINGS  

The Client who signed the booking form shall be liable for all those to whom the booking form applies and in respect of whom the Client was sent an invoice.  

– III- BALANCE OF PAYMENT  

Upon receipt of the booking form and deposit, The Business will send, by return, a confirmation of the booking and any joining instructions. Full payment less any prepaid deposit must reach the Business 2 months prior to the event. Should a booking be made after this then full payment will be required at the time of booking. If full payment is not received by the due date the Business reserves the right to cancel the booking without refund and apply the cancellation charges as stated below.  

– IV – CANCELLATION  

1. By the Client  

Cancellation by the Client must be in writing and is effective upon receipt by the Business. In the event of cancellation by the Client the following charges shall apply:, prior to 2 months, 100% of deposit – After 2 months prior to the join date : 100% of charter fee.  Trip cancellation insurance is a condition of booking. 

2. By the Business  

In the unlikely event of cancellation, the Client will be given the choice of an alternate option or yacht where possible. If the Client does not wish to choose an alternate programme/option then a full refund will be given. In the unlikely event that changes to the advertised programme occur, the Business reserves the right to make such changes as required. The Business reserves the right to cancel the charter at any time for any reason including weather conditions and non availability of vessel. No compensation or refund will be paid by the Business to the Client(s) where change and cancellation to the programme is due to Force Majeure or actions of the event organisers. No liability is accepted by the Business for any costs or expenses incurred by the Client in the event of changes to the programme or cancellation by the Business.  

Should we become aware of any changes to the Client’s charter prior to the start of the charter, the Business will make every effort to inform the Client.   

– V – TRIP INTERRUPTION  

The Clients understands that should he leaves the yacht, for whatever reason, at a port other than that to which had agreed in this agreement, the Client will be responsible for all his own travel and related costs. He also understands and agrees that if he is asked to leave the yacht for reasons of lack of competence, inappropriate behavior, crew incompatibility, illness, or the inability to carry out required tasks, which, in skipper’s opinion, is endangering the safe operation of the yacht, the Client will also be responsible for all his own repatriation costs. However, in this event, the Skipper will take all reasonable measures to disembark the Client at a suitable port along the intended route, from which he can arrange his travel home.  

– VI – THE CLIENTS’ OBLIGATIONS  

  1. 1. Details supplied on the booking form are accurate  
  1. 2. The Client is required as a booking condition to take out a personal travel insurance package that covers cancellation, injury and medical expenses. The policy must also include cover for sailing and/or racing offshore for the length of the charter. The Business will recommend an insurance broker but the Client reserves the rights to choose their own and agrees to make the policy available to the Business on request.  

– VII – LIMITATION OF LIABILITY  

The Business will accept liability for the negligence of its employees causing injury or death to the extent that it is obliged to under English Law. The Business shall not be liable for any injury, death loss or damage caused by other Client’s, nor will it be responsible for any uninsured losses of the Client’s property, not for any illness, injury or death sustained during the Charter.  

Clients agree if required to complete a release of liability form before embarking on a charter if required by the Business or the sailing event organiser.  

– VIII – AUTHORITY  

The Client agrees to accept the authority, decisions and instructions of the Business’s Skipper, employees, agents and representatives during the charter.  

At all times, the decision of the Skipper is final on all matters. Should the Client interfere with the well being of the Skipper or other Clients during the charter through difficult or disruptive behavior, the Skipper has full authority to dismiss the Agitator from the vessel. In such event, there will be no recourse to any refund.  

The Skipper has full authority to decide when to sail or race, with regard to weather conditions and the well being of the crew, or to return to port after the commencement of a passage due to the above or defects to the yacht at any time at his discretion and his decision is final.  

– IX – HEALTH  

Sailing can be a dangerous activity and requires an average level of fitness and health. Clients may be required to provide a medical certificate to the Business on request at any time.  

– X – DATA PROTECTION  

The Business will only use the Client’s personal information for the purpose of arranging the charter and informing the Client of forthcoming sailing activities. The Business will not use it in any way which contravenes the Data Protection Act 1998.