Sunsail Events Booking Conditions 2013 – for individual and multiple yacht charter in the UK

Please read these booking conditions carefully, they form an important part of the contract for your booking with Sunsail Worldwide Sailing Limited. 

All products advertised within our brochures and on our website are operated by Sunsail Worldwide Sailing Limited with company registered number 1658245 (hereinafter called 'the Company', ‘us’, ‘our’ or 'we'), a member of the TUI Travel PLC group of companies, of TUI Travel House, Crawley Business Quarter, Fleming Way, Crawley, West Sussex RH10 9QL, and are sold subject to the following conditions.

TUI Safe Hands

Your charter or event is in safe hands. Sunsail is proud to be a member of TUI Travel Plc Group of Companies.

Law & Jurisdiction

If you booked your charter or event in any jurisdiction other than in Scotland or Northern Ireland (including any booking via the Internet), this contract, and any other claim or dispute arising from or related to this contract, will be governed by English law and the courts of England and Wales shall have exclusive jurisdiction over any claim arising out of it. If you booked your holiday in Scotland, this contract, and any claim or dispute arising from or related to this contract, will be governed by Scottish law and the courts of Scotland shall have exclusive jurisdiction over any claim arising out of it. If you booked your holiday in Northern Ireland, this Agreement, and any claim or dispute arising from or related to this contract, will be governed by Northern Irish law and the courts of Northern Ireland shall have exclusive jurisdiction over any claim arising out of it.

How to Book

To make a booking you can contact us in several ways; directly over the telephone, via our website or through an approved agent. The person making the booking (the ‘lead name’) must be 18 years old or over and possess the legal capacity and authority to make the booking and accepts these booking conditions on behalf of everyone in the party. You will need to pay a deposit at time of booking of 25% of your selected arrangements. You may also be required to pay in full for any non-transferable and non-refundable additional ancillary services. We will then invoice you for the remainder of the cost due before the commencement date of your arrangements, which you must pay no later than 70 days before the commencement date of your arrangements. If you book less than 70 days before the commencement date of your arrangements, full payment must be made on booking. If you do not pay the balance by the due date, your booking will be cancelled and you will forfeit your deposit. Please note that all payments made on a credit card (whether deposits, part payments or final balances) will be subject to a credit card fee of 2.5% including VAT. If we accept your booking, we will issue a Confirmation Invoice. A contract will exist between us from the date we issue the Confirmation Invoice or if you book within 7 days of the event/yacht hire date, the contract will exist when we accept your payment. When you receive the Confirmation Invoice please check the details carefully and inform us immediately if anything is incorrect. Once a booking has been confirmed, offers and discounts cannot be applied retrospectively. For all arrangements involving racing, acceptance of your booking is subject to payment by you of the relevant security deposit option as detailed in the section headed ‘Security Deposits’. If you book through an agent, all contact with you will be via them. Names provided must exactly match those used in your personal identification (e.g. passport or driving licence). Unless we are responsible for the mistake, we will not accept liability if a supplier refuses any information because the name(s) shown in your identification differs from those on your documentation. Joining Instructions will be sent or emailed to you approximately 4 weeks before the commencement date of your arrangements, and will not be issued unless payment of the due balance has been received and any bank transfers/cheques have cleared. We cannot accept any liability for documentation lost in the post. If you live outside the UK we will normally email any charter or event information documents. Your personal safety is of paramount importance to us and therefore it is imperative that you advise us at the time of booking of any condition, medical or otherwise, that might affect your or other people’s enjoyment of the event. If you are making a bareboat charter or event booking, you, the Lead Name confirm that you and/or members of your crew are capable and competent to sail the yacht in the conditions and cruising area of charter (as defined by Sunsail), in line with port authority regulations advised at the time of booking, and as set out in these booking conditions.  

Your Price

All prices we advertise are accurate at the date published, but we reserve the right to change any of those prices. Prices on our website are updated regularly. Before you make a booking we will give you the up-to-date price of your selected arrangements and/ or additional facilities which you have requested.

Changes in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of your arrangements may change after you have booked. However, there will be no change within 30 days of your departure. Any changes in taxes, entry fees or charges that we collect at net cost on behalf of local and government  bodies will be passed on to you in full or refunded to you in full (“Net Cost Charges”). We will absorb and you will not be charged for any increase equivalent up to 2% of the price of your arrangements, which excludes insurance premiums, Net Cost Charges and any amendment charges. You will be charged for the amount over and above that, plus an administration charge of £1.00 per person together with an amount to cover any agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your arrangements, you will have the option to change to alternative arrangements if we are able to offer one (if this is of equivalent or higher price you will not have to pay more but if it is of lower price you will be refunded the difference in price), or cancel and receive a full refund, 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 event go down due to the changes mentioned above by more than 2% of your holiday cost, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.

Sailing Qualifications, Safety and Your Obligations

By making a bareboat charter or event booking, you, the lead name, confirm that you and/or members of your crew are capable and competent to sail the yacht in the conditions and cruising area of charter in line with the port authority regulations and Sunsail requirements, as advised at the time of booking, and as set out in these booking conditions.

At the time of booking a bareboat charter, you must complete the Skipper and Crew Sailing CV in order to advise the Company of the qualifications held by the persons specified on your Confirmation Invoice (or on any Amendment Invoice issued) as being persons nominated as Skipper and 1st Mate for the entire charter. You hereby agree that the details supplied on the Skipper and Crew Sailing CV are true, accurate complete and not misleading. Your completed Skipper and Crew Sailing CV will be recorded to ensure we have the relevant experience logged alongside important advanced information. Our Operations Manager and F40 Class Captain will consider your completed Skipper and Crew Sailing CV and qualify your sailing experience in line with the relevant levels required for your chosen arrangements.

Some products we offer include Company staff who will join your charter as Skipper and 1st Mate. Where your arrangements include a Company skipper and/or Company 1st mate, the Company skipper and Company 1st mate will crew the yacht and it is necessary that you abide by their authority.

We also offer products where we do not provide Company staff. Where your arrangements do not include Company staff, prior to the commencement date of your arrangements, you must submit to the Company in writing a list of the persons specified on your Confirmation Invoice (or on any Amendment Invoice issued) as being persons participating in the charter who will crew the yacht as skipper and the 1st mate. Yachts must not be sailed single-handed and the 1st mate should be fit and qualified to RYA Competent Crew standard or equivalent. It is a requirement that in the UK cruising areas, the 1st Mate must be over 18 years of age. The Solent and all other UK destinations are a Level 3 sailing area and the skipper must have at least 20 days or 400 miles experience in tidal waters as skipper on an equivalent size yacht or RYA Day Skipper Qualification with experience to a higher level or RYA Coastal Skipper Qualification or ICC Qualification with experience to a higher level. For arrangements involving racing, the skipper and 1st mate must also have racing miles in tidal waters logged in their position as skipper/1st mate (as applicable). The skipper and 1st mate must ensure they travel with their relevant sailing certificates i.e. RYA, ICC or other. These important documents must be presented with your boat papers to the Port Police upon request.

Where your arrangements do not include Company staff, the skipper of a yacht has primary responsibility for the safety of the crew and craft at all times. The skipper is responsible for ensuring that he/she and the crew are competent to undertake the planned itinerary. The skipper must take note of safety information contained in any written material given by the Company to you or delivered to or supplied with the yacht and in chart briefings and is responsible for briefing the crew on the same, the yacht and the yacht’s systems before the yacht leaves the Company’s base and makes passage. The skipper is responsible for checking the inventory and yacht systems before the yacht leaves the Company’s base and makes passage. Night sailing (e.g. sailing outside of daylight hours) and partaking in any third party race (being any race other than those organised by the Sunsail Worldwide Sailing Ltd) as part of your arrangements is only permitted with prior consent from the Company.

In the interests of safety, the Company’s staff may order a change to your itinerary, decide whether or not conditions are safe to use a yacht or make a passage and whether such passage should be under power or sail. For example, without limitation, the Company may instruct you not to take the yacht out if the Company considers, in its absolute sole discretion, the weather conditions to be too dangerous. You must follow the instructions of the Company. If on a bareboat charter or event, un-supervised by the company it is the responsibility of the Skipper to make the decision as to whether it is safe and there is no risk to crew or vessel. The skipper is directly liable for these decisions if outside of company supervision

After inspection of the yacht by you, the Company reserves the right not to hand over the yacht to you and/or your party if the Company, in its absolute sole discretion, is of the opinion that you and/or your party are not, or may not be, competent to be in charge of the yacht. Should this be the case, the company reserves the right to add a Skipper and/or 1^st Mate to the charter or event, at your cost.

Participation Requirements

All Clients are expected to satisfy themselves prior to booking that they are fit and have suitable sailing ability and competence to sail in their chosen destination described in this brochure. No unaccompanied minors (those under 18 years of age) can be accepted. We do not provide lifejackets for children under the age of 13. Under 13’s are allowed on charter and/ or events, providing they are accompanied by an adult and it is the sole responsibility of the accompanying adult to bring adequate life jackets and safety equipment. By agreeing to these terms and conditions you are acknowledging and accept that the skipper and/or accompanying adult is responsible for providing any under 13’s with adequate life jackets and safety equipment. Failure to comply will constitute a breach of these booking conditions and result in such persons being excluded from your arrangements in which case all monies paid will be forfeit. The minimum age for skippers is 18 years. 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 and make arrangements for the provision of any medication or other treatment which may be required during your arrangements. Failure to make such disclosure will constitute a breach of these booking conditions and result in such persons being excluded from your arrangements in which case all monies paid will be forfeit.

Equipment and Yacht Insurance Cover

Our insurance policy provides comprehensive and adequate cover for the equipment and yachts for your skipper and crew. The Company cannot be held responsible for any loss which you may suffer as a result of the insurers refusing cover, including without limitation, which is as a result of you providing incorrect information, such as previous sailing experience, when requested, or due to your negligence, deliberate default or wilful misconduct. Should damage or loss to yachts and equipment be caused as a result of not obeying the Company’s instructions, 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.

The Company agrees to insure and keep insured the yacht against public liability and marine public liability to such an extent as the Company in its absolute sole discretion shall deem appropriate. Such insurance policy does not cover loss of life (except that caused through the negligence of the Company), or damage to or loss of property of any person on board against which you must insure prior to the charter. Advice about such insurance is available from the Company on request.

Acceptance and Return of Yacht by You

On arrival at the Company’s base on the commencement date of your arrangements and prior to the Company handing the yacht over to you, you shall be given the opportunity to inspect the yacht, its equipment, check and sign the inventory for a maximum of up to two hours after the time of the commencement shown on the Confirmation Invoice. After such period, if the Company has not received any comments from you with regards to condition of the yacht and its contents to the contrary, it will be deemed that you are satisfied with its condition and inventory. The Company may accompany you on the yacht during such inspection period. You must ensure the yacht is kept clean and in good working order and repair during the period of your arrangements.

The Skipper and/or 1st Mate will receive a full yacht briefing prior to departure, and request a passage plan for your intended charter along with a Next of Kin form, which must be completed and returned to the Company before departure. Upon completion of the yacht brief, if the Company has not received any comments from you with regards to operation of the yacht to the contrary, it will be deemed that you are satisfied with its being able to operate the yacht safely and correctly.

You must return the yacht to the home port on the date and by the time specified on the Confirmation Invoice (or on any Amendment Invoice issued). You agree not to take the yacht out in bad weather even if this may lead to the yacht not being returned on the date and by the time specified on the Confirmation Invoice (or on any Amendment Invoice issued). If it becomes apparent that you are unable to return the yacht by the specified time and date then you must promptly advise the Company accordingly but such notification shall not affect your liability for failing to return the yacht on the return date. In such circumstances for each day or part of day that the yacht is overdue, you shall pay the Company one and a half times the daily charter fee for the yacht. We may waive part or all of such additional charter fee if we accept in our absolute sole discretion that there is good reason for the yacht not being returned on the time and date set out in the Confirmation Invoice (or on any Amendment Invoice issued).

On return of the yacht to the Company, you must return the yacht to an authorised member of the Company’s staff clean and in the same condition as it was delivered to you on the commencement date of your arrangements, free from debt and clear from personal effects. On return of the yacht by you, the Company shall inspect the yacht, its equipment and inventory for apparent defects. Any damage, incident or defect must be reported by you to an authorised member of the Company’s staff promptly and must be detailed on the yacht’s inventory. The authorised member of the Company’s staff carrying out the inspection will note any apparent defects it notices (if any) on the yacht’s inventory. The Company reserves the right to charge £10 per hour for cleaning the yacht if it is not returned by you in a condition satisfactory to the Company. Following inspection of the yacht by the authorised member of the Company’s staff, the authorised member of the Company’s staff shall sign the yacht’s inventory. If agreed, you will countersign the yacht’s inventory. By signing the yacht’s inventory following inspection, the Company does not accept, and you acknowledge that the Company does not accept, that the yacht is free from defects that may not be immediately apparent. For the avoidance of doubt, the Company reserves the right to pursue you for further losses and damages suffered by the Company as a result of damage caused to the yacht or its contents during the period of your arrangements that may not have been immediately apparent during the Company’s inspection on return of the yacht.

Termination and Repossession

Should it come to our attention that you are likely to commit a serious breach of any of these booking conditions we may terminate your contract immediately and take whatever steps are necessary to take possession of the yacht wherever it may be. Such termination and the taking of the possession of the yacht shall be without prejudice to any rights and remedies, which may have accrued to us prior to the date of or by reason of such breach. We shall, in these circumstances have no liability for the unexpired part of your arrangements.

Yacht Damage Waiver & Security Deposits

Please note that for all yacht charter arrangements, you will be required to pay an additional deposit to the Company as a security deposit paid in advance by either cheque, bank transfer (must be cleared before date of arrangement commencing) or card (Sunsail are not liable for any bank charges or fees in relation to payment by card) before the charter commences. 

Sunsail clients have two options for Charter and two options for racing to cover themselves for accidental damage or loss. Please note neither the Yacht Damage Waiver or the Security Deposit cover any acts of gross negligence, such as damage occurred whilst sailing outside the defined sailing area and hours as instructed during the yacht briefing, sailing under the influence of alcohol or drugs or taking the yacht single handed as stated in the Sunsail Booking Conditions Customer Behaviour Section as per terms and conditions on our website at www.sunsail.co.uk.

Option 1 – Yacht Damage Waiver - Racing and Non-Racing Charters

This payment is required to cover the possibility of damage to the yacht, or damage to or loss of ancillary equipment or damage caused by or to a third party.

The Excess of £500 for non-racing charters and an Excess of £800 for Racing charters will be taken in advance or at the base depending on your preferred method of payment. If damage occurs to a value lower than the excess you will be refunded the amount less the cost of repair. If the damage incurred exceeds the excess, the payment will not be refunded and you will not be required to pay any additional costs upon disembarkation.

Option 2 – Security Deposit - Racing and Non-Racing Charters

Alternatively, you can opt to pay a Security Deposit in advance or at the base depending on your preferred method of payment. This is a refundable payment of £3000, before your embark and you will be liable for damage or loss incurred to the yacht and its ancillary equipment up to the maximum cost of £3000. If damage occurs to the value lower than the security deposit you will be refunded your payment less the cost of repair. If the damage incurred exceeds the security deposit value, your payment will not be refunded and you will not be required to pay any additional costs.

On return of the yacht to the Company and following inspection of the yacht by the Company in accordance with the provisions set out in the section headed ‘Acceptance and Return of Yacht by You’, in the event that the Company is satisfied that there is no apparent damage to the yacht on its return from you, the Company shall, where applicable, refund the relevant security deposit or excess paid by you to you as soon as reasonably possible (please note that Yacht damage waiver monies will not be refunded)..

In the event that it is agreed between the Company and you that damage was caused to the yacht and/or its contents during the period of your arrangements, you will be liable to the Company for all losses and damages incurred by the Company as a result and the Company reserves the right to retain, where applicable, part or all of the relevant security deposit paid by you. The Company may use all or part of the security deposit paid by you to repair any damage caused to the yacht or its contents during the period of your arrangements, including without limitation the costs involved in lifting the yacht for a full inspection to assess the damage to the yacht. The security deposit will not in any way limit or prejudice any claim which the Company may have over and above the sum of the security deposit paid by you and you will remain liable to the Company for the balance of any such losses or damages incurred by the Company over and above the sum of the security deposit paid by you. In the event that the losses or damages suffered by the Company as a result of any breach by you of these booking conditions and any damage caused to the yacht or its contents during the period of your arrangements is less than the relevant security deposit paid by you, the Company shall refund the relevant security deposit paid by you to you as soon as reasonably possible after the claim has been settled.

You will be liable to the Company for all damages and losses suffered by the Company as a result of the Company’s insurer refusing cover due to your negligence, deliberate default or wilful misconduct.

In the event of any disagreement over damage or loss, the Company shall retain the relevant security deposit paid by you until the matter is resolved in accordance with the provisions set out in the section headed ‘Acceptance and Return of Yacht by You’. The company has the right to use whichever (or whoever) third party they see fit to make the repairs to any damage caused. The charter may not commission their own third party or attempt repairs themselves to the vessel.

Behaviour

You must accept responsibility for the proper conduct of yourself and any members of your party. The Company cannot be held responsible for under age consumption of alcohol. We reserve the right in our absolute sole discretion to terminate without further notice, and without liability on our part, the arrangements of any client:

1. who refuses to comply with the reasonable instructions or orders of the Company staff (including without limitation where applicable to your arrangements, the Company skipper and the Company 1st mate), agents or other responsible person in authority;
2. who commits any illegal act when on holiday; or
3. in the reasonable opinion of the Company staff (including without limitation where applicable to your arrangements, the Company skipper and the Company 1st mate), agent or other responsible person in authority, whose behaviour is disruptive, threatening or abusive or is likely to cause distress, damage, danger or annoyance to other customers, staff, any third party or to property. Upon such termination our responsibility for your booking ceases and, in any circumstances, we shall not be liable for any extra costs incurred by you and no refunds or compensation will be paid to you. We may make a claim against you for any costs and expenses incurred as a result of your behaviour and criminal proceedings may be instigated.

If You Change or Cancel Your Booking

If, after our Confirmation Invoice has been issued, you wish to change your arrangements in any way, we will try to make these changes subject to availability, but it may not always be possible. Requests for changes must be received in writing by our Events Department at our offices (Sunsail Worldwide Sailing Limited, The Port House, Port Solent, Portsmouth, PO6 4TH) from the Lead Name at least 70 days before the commencement date of your arrangements and will be subject to payment by you of:

1. an administration charge of £35 per person per amendment; and
2. any further costs we incur in making the amendment, including without limitation those costs imposed by any of the suppliers providing services and facilities applicable to your arrangements. 

The price of your booking may increase or decrease to reflect the changes requested by you. If the amendments you make increase the cost of your original booking, then a further deposit will also be payable. Any alteration by you within 70 days of the commencement date of your arrangements will be treated as a cancellation of the original booking and re-booking (subject to availability), and will be subject to cancellation charges.

Where you are unable to proceed with the booking, you can transfer the booking to a substitute person, subject to the following:

1. you must notify us in writing at least 70 days before the commencement date of your arrangements to our Hospitality and Events Department at the address set out above;
2. your request is accompanied by all original documents which you received with regards to you arrangements and the full name and address of the transferee;
3. the transferee must fulfil all conditions that apply to the booking; and
4. payment by you of an administrative charge of a minimum of £35 per person plus payment of all further costs we incur in making the amendment, including without limitation those costs imposed by any of the suppliers providing services and facilities applicable to your arrangements.

Both the transferor and transferee will be jointly and severally liable for payment of the booking price and other associated expenses.

Depending on the policy you have purchased, your travel insurance may cover any changes or increased costs resulting from a change.

Please note that for certain components of your arrangements, the cancellation charge may be higher than that shown above. In certain cases a 100% cancellation fee applies as soon as the booking is made. Please ask for full details of cancellation charges at the time of booking.

If We Change or Cancel Your Booking

The arrangements for events held with the Company are made many months in advance and it is sometimes inevitable that changes or cancellations may need to be made. Our brochure is prepared from information gathered prior to publication. Every care is taken to ensure that this information is still as accurate as possible at the time of publication. We reserve the right to change any of the facilities, services or prices described in the brochures or website.  Most of these changes will be minor and we will advise you of any changes known at the time of booking. If a major change becomes necessary, we will advise you of the change as soon as possible. Whether a change is ‘major’ depends on the nature of the arrangements and made include, without limitation:

a) a change of accommodation or yacht to a significantly lower standard;

b) an alteration to your schedule time of departure or return by more than 12 hours;

c) an alteration to your departure location.

Examples of minor changes include, without limitation:

1. a change of yacht to one of a similar size (within 2ft) and number of cabins;
2. a change of route within a cruising area.

When a major change occurs, you will have the choice of either:

1. accepting the change; or
2. accepting a replacement charter/event from us of equivalent or closely similar standard and price; or
3. cancelling your booking, in which case we shall refund you in full.

We also reserve the right in any circumstances to cancel your arrangements. For example, some events are dependent on a minimum number of yachts participating. We shall assess whether the minimum number has been achieved and inform you as soon as possible. If the minimum number is not achieved, we reserve the right to cancel your arrangements. However in no circumstance will we cancel your booking less than 70 days before the commencement date of your arrangements except for reasons of force majeure (as defined below), failure on your part to pay the deposit and/or final balance and/or relevant security deposit option, or for any other reason beyond our control.

Where we make a major change to or cancel your arrangements, except where a major change or cancellation arises from circumstances amounting to Force Majeure, consolidation due to minimum numbers not being attained, failure on your part to pay the deposit and/or final balance and/or relevant security deposit option or for any other reason beyond our control, we will pay you, as a minimum, compensation as detailed below: