By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that he/she:
- has read these Booking Conditions and has the authority to and does agree to be bound by them;
- is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services; and
- accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
1. Booking and Paying For Your Arrangements
A booking is made with us when:
- a) you select your chosen arrangements on our website;
- b) you complete our booking form;
- c) you pay us a deposit (or full payment if you are booking within 50 days of departure); and
- d) we issue you with a sales invoice as confirmation.
We reserve the right to return your deposit and decline to issue a confirmation at our absolute discretion. Unless we advise you otherwise at the time of booking, the deposit will be 25% of the cost of your arrangements. All final balances are due 50 days prior to departure.
A binding contract will come into existence between you and us as soon as we have issued you with a sales invoice as confirmation that will confirm the details of your booking and will be sent to you. Upon receipt, if you believe that any details on the confirmation or any other document are wrong you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out.
The balance of the cost of your arrangements (including any applicable surcharge) is due not less than 50 days prior to scheduled departure. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 8 below will become payable.
We endeavour to ensure that all the information and prices on our website are accurate, however, occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.
3. Insurance & Acknowledgement of Risk
Adequate travel insurance is a condition of your contract with us. You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
You accept as a condition of your contract with us that sailing has the potential to be a physically strenuous activity and there are risks and dangers in participating in your sailing trip. These include the risk of injury and death and loss of or damage to your property. Except as stated in this section 3, you accept full responsibility for these risks and agree that we are released from any liability resulting from your injury or death or any loss of or damage to your property suffered during the arrangements which make up your sailing trip.
We do not exclude or limit liability for any liability which cannot be excluded or limited under applicable law including liability for fraud or misrepresentation or for any death or personal injury suffered during the charter which is caused by our negligence.
The price of your travel arrangements has been calculated using exchange rates as quoted on XE.com. Such exchange rates will be reviewed on an on-going basis and all prices are calculated in US Dollars (USD).
We reserve the right to amend the price of unsold charters at any time and correct errors in the prices of confirmed charters.
The price of your confirmed charter is subject at all times to variations in:
- transportation costs, including the cost of fuel; or
- dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports; or
- the exchange rates used to calculate your arrangements.
We will absorb and you will not be charged for any increase equivalent to 2% of the price of your charter. You will be charged for the amount over and above that, plus an administration charge of US$2.00 per person. If this means that you have to pay an increase of more than 10% of the price of your confirmed charter (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another charter if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any amendment charges. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice.
Should the price of your charter go down due to the changes mentioned above, by more than 2% of your confirmed charter cost, then any refund due will be paid to you.
There will be no change made to the price of your confirmed charter within 30 days of your departure nor will refunds be paid during this period.
5. Jurisdiction and applicable law
These Booking Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only. You may, however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.
6. Cutting your charter short
If you are forced to return home early, we cannot refund the cost of any services you have not used. If you cut short your charter and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided on our yacht, we will not offer you any refund for that part of your sailing charter not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
7. Changes by You
If you wish to change any part of your booking arrangements after our confirmation invoice has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of USD50 per person per change as well as any applicable rate changes or extra costs incurred as well as any costs incurred by ourselves. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable.
If any member of your party is prevented from travelling, that person(s) may transfer their place to someone else (introduced by you and satisfying all the conditions applicable to the arrangements) providing we are notified not less than 28 days before departure and you pay an amendment fee of USD50 per person transferring, meet all costs and charges incurred by us and/or incurred or imposed by any of our suppliers and the transferee agrees to these booking conditions and all other terms of the contract between us. If you are unable to find a replacement, cancellation charges as set out will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
8. If you Cancel
If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing. Such written notification should be sent to us via email at the following address: firstname.lastname@example.org. Your notice of cancellation will only take effect when it is received in writing by us and will be effective from the date on which we receive it. Since we incur costs in cancelling your arrangements, you will have to pay the applicable cancellation charges up to the maximum shown below. The cancellation charge detailed is calculated on the basis of the total cost payable by the person(s) cancelling and amendment charges which are not refundable in the event of the person(s) to whom they apply cancelling:
- 50 days or more – deposit
- 41-48 days – 60% of the Charter cost *
- 31-40 days – 70% of the Charter cost *
- 21-30 days – 80% of the Charter cost *
- 11-20 days – 90% of the Charter cost *
- 0-10 days – 100% of the Charter cost *
* We will deduct the cancellation charge(s) from any monies you have already paid to us.
Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
9. If We Change or Cancel
If due to circumstances beyond our control we have to make other alterations to your booking we shall inform you of the changes as soon as possible. You must pay any additional cost due to such changes. If the changes are, in our view, so substantial as to significantly alter your booking and you are unwilling to accept said changes then you may cancel your booking and we will give a refund of all money you have paid to us.
We may in exceptional circumstances be required to cancel your booking in which case a full refund of all monies paid will be made to you. We regret we cannot meet any expenses or losses that you may incur as a result of change or cancellation.
Very rarely, we may be forced by “Force Majeure” to change or terminate all or some of your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds, pay you compensation or meet any costs or expenses you incur as a result except where we manage to recover the same from our suppliers. You must direct all claims to your travel insurance.
10. Force Majeure
Except where otherwise expressly stated in these booking conditions we will not be liable or make any refunds, pay you compensation or meet any costs or expenses you incur as a result of our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include but are not limited to war, the threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities (including travel restrictions and quarantines), industrial dispute, lock closure, port closure, natural or nuclear disaster, epidemics or pandemics (including the ongoing effects of the Covid-19 pandemic), fire, chemical or biological disaster and adverse weather, sea conditions (including for the avoidance of doubt seismic phenomena or weather events, including but not limited to a lightning strike, named storm or hurricane), ice and river conditions, contaminated fuel and all similar events outside our control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.
We remain responsible for the safety of all customers and shall have the absolute discretion of terminating, cancelling or amending the charter at any time if we deem necessary in a Force Majeure event.
11. Special Requests
Any special requests must be advised to us at the time of booking. You should then confirm your requests via the booking form. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed. We do not accept bookings that are conditional upon any special request being met.
12. Disabilities and Medical Problems
We are not a specialist disabled charter company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability, which may affect your stay, please provide us with full details in our Booking Form before we confirm your booking so that we can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate in the trip. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
We make every effort to ensure that your charter arrangements run smoothly but if you do have a problem during your charter, please inform us in person immediately and we will endeavour to put things right. If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us within 28 days of the end of your stay, giving your booking reference and all other relevant information. Please keep your correspondence concise and to the point and send it to email@example.com. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect our ability to investigate your complaint, and will affect your rights under this contract.
Please note that we reserve the right to adjust the arrangements which form part of your charter in whole or in part, should we deem this necessary for safety or operational reasons. If, as a result of these required changes, you wish to disembark prior to the end of your charter, you may do so but such early termination shall not entitle you to any refund of the price of your booking.
You can access the European Commission Online Dispute (ODR) Resolution platform at https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
14. Your Behaviour
All guests staying with us are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of other guests. If in our opinion or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any of our other guests or any third party or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking arrangements with us immediately. In the event of such termination, our liability to you and/or your party will cease and you and/or your party will be required to leave our yacht immediately. We will have no further obligations to you and/or your party. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to us before departing the yacht. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
15. Our Responsibilities
(1) Subject to the remainder of this clause, we have a duty to provide your contracted arrangements with reasonable skill and care.
(2) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:-
- the act(s) and/or omission(s) of the person(s) affected;
- the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
- unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or
- an event which we could not, even with all due care, have foreseen or forestalled.
(3) We limit the amount of compensation we may have to pay you if we are found liable under this clause:
- (a) loss of and/or damage to any luggage or personal possessions and money: The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy, which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
- (b) Claims not falling under (a) above and which don’t involve injury, illness or death: The maximum amount we will have to pay you in respect of these claims is twice the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
- (c) Claims in respect of international travel by sea: i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Athens Convention (with respect to sea travel); you can ask for copies of these Conventions. Please contact us.
(4) It is a condition of our acceptance of liability under this clause that you notify any claim to us strictly in accordance with the complaints procedure set out in these conditions.
(5) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
(6) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or (b) relate to any business.
(7) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised on our website. For example, any excursion or tour you book whilst away, or any service or facility which a hotel, restaurant or any other supplier agrees to provide for you.
16. Yacht Breakdown
You agree that if the yacht sustains a breakdown of machinery or is disabled so as to prevent its use for a period of 24 consecutive hours, for a reason not brought about by our act or default, we shall reserve the right to terminate the charter and issue a pro-rata refund.
The use, possession, transportation and/or sale of illegal drugs or narcotics (including prescribed marijuana) or any other contraband, or the participation in any other unlawful activity is strictly prohibited. If in our opinion or any other person in authority, you are participating in the above-named activities we reserve the right to terminate your booked arrangements with us immediately.
In the event of such termination, our liability to you and/or your party will cease and you and/or your party will be required to leave our yacht immediately. We will have no further obligations to you and/or your party. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to us before departing the yacht.
Excursions or other tours that you may choose to book or pay for whilst you are on charter are not part of your contracted arrangements with us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
19. Passport, Visa and Immigration Requirements and Health Formalities
It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.
Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit their website.
Special conditions apply for travel to the USA, and all passengers must have individual machine-readable passports. Please check
Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit: www.gov.uk/government/organisations/foreign-commonwealth-office
Non-British passport holders, including other EU nationals, Canadian nationals and American nationals should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling,
We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses, which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
20. Foreign Office Advice
You are responsible for making yourself aware of Foreign Office advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure. (See clause 10).
We remain responsible for the safety of all customers on the yacht. We reserve the right to have such policies, procedures and/or testing in place from time to time as we deem necessary to ensure the safety of our customers during the coronavirus pandemic.
This may include but is not limited to temperature testing prior to customers being permitted to board the yacht. We reserve the right to refuse boarding to any customer who fails to comply with or does not meet the requirements set out in the policies, procedures or tests from time to time in place. If you are refused boarding under this clause you will be entitled to either a full refund of your booking or to amend your booking to alternative dates. You will not be entitled to any compensation.
** Correspondence Address: Holmans Farm, Ashill, Ilminster, Somerset, TA199NN, UK