TERMS + CONDITIONS
DEFINITIONS AND INTERPRETATION
In these Booking Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“We”, “Us”, “Our” – Sail The Med Limited.
A company incorporated in the United Kingdom with registration No. 09789171 and a registered business address of Wimbletech, 35 Wimbledon Hill Rd, Wimbledon, London SW19 7NB. Sail the Med Limited uses the trading name SailingTheMed.com
“You”, “Your” – All persons named on the booking or added to the booking at a later time
The headings used in these Booking Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
Words imparting the singular shall include the plural and vice versa and references to any gender shall include the other gender.
- THE CONTRACT:
You must read these booking conditions as they, together with the specific information about your confirmed accommodation, form the basis of your contract with Sail The Med Limited.
A binding contract between Sail The Med and you (and your party) will come into effect upon us sending out our confirmation invoice to the person(s) responsible for making the booking. English Law will apply to the contract and it is agreed that any claim or dispute in the contract must be dealt with by the Courts of England and Wales. If you reside in Scotland or Northern Ireland then court proceedings may be brought in your home country or in the Courts of England and Wales. You may choose to have your dispute or claim governed by the law of Scotland or Northern Ireland if proceedings are brought in those countries, otherwise English Law will apply. Changes made to Booking
Conditions or General Information on our website will only be valid if agreed by us.
Prices are quoted in Euros (€) but payable in either Pounds sterling (£GBP) or Euros to our registered UK bank account. You have the option of paying all monies due at the time of your booking, otherwise your payments outstanding will be as per the prevailing exchange rate at the time at which stage payments are due.
At the time at which you pay your deposit, and at the time you pay the balance of monies due, Sail the Med will advise the amount payable in Euros (€) and the equivalent amount to be transferred in Pounds Sterling (GBP). The amount payable in GBP will be calculated as per the mid market rate on the international markets as available on XE.com.
If you are transferring from outside the UK, we suggest using TransferWise.com which provide the safest, cheapest and most reliable money conversion service.
We reserve the right to alter any of our advertised prices prior to your initial payment.
- MAKING A BOOKING AND PAYMENT:
When you have chosen your yacht and you make a request to us to book it, you must pay a 50% deposit within 2 workings days (or the full cost of the booking if you are booking within 1 month of the trip departure date). Once your booking is confirmed a contract between parties exists, when we issue our confirmation invoice by email and furthermore issue the official contract between the yacht provider and you as the client (see Article 4 below). Balance of payment will be due not less that 4 weeks prior to your Departure date
Please check your confirmation carefully and report any incorrect or incomplete information to us immediately. Please ensure that names are exactly as stated in the relevant passport.
Sail the Med Limited
Address NOTTING HILL GATE 2. Leicestershire, LE87 2BB Sort code 20 47 39 Account 63246264
SWIFT/BIC BARCGB22 IBAN GB06 BARC 204739 63246264 (This is our £ GBP account)
IBAN GB51 BUKB 204739 69163877 (This is our € Euro account)
All charters are based on the official contracts between yourself as the client and the Fleet operator in question. You will be required to sign a copy of this contract. It should be noted that Sail the Med acts at all material times as an agent only and any dispute arising will be between you the charterer and the owner/operator. Should you not have received a copy of this contract and require it before your charter commences please contact us and we shall be happy to assist you in obtaining a copy.
- YACHT AVAILABILITY
All Fleet operators reserve the right that should the yacht booked become unavoidably unobtainable it can be replaced with a similar sized yacht or alternatively a full refund of all monies paid for the original yacht
- YOUR RESPONSIBILITY FOR YOUR BOOKING:
When you make a booking you guarantee that you have the authority and the capacity to accept and do accept on behalf of your party the terms of these booking conditions. This means that you are responsible for making all payments due, notifying us if any changes or cancellations are required and for receiving the confirmation and keeping your party informed.
For full yacht/boat bookings only, the party leader is obliged to provide us with a list of crew members embarking the boat or yacht not less than 30 days prior to departure. All correspondence will be sent to the party leader. It is the party leader responsibility who made the booking with us to ensure all party members on the booking, or those added at a later time, are sent the booking confirmation.
- 7. COMPETENCE
Each and every operator has its own requirements in terms of the evidence it requires from you to demonstrate competence to skipper the yacht. It is imperative that you check with Sail the Med that the qualifications you hold are adequate to satisfy the operator’s requirements. Sailing the Med emphasises that it is your responsibility to ensure that the qualifications you hold are sufficient to satisfy the operator’s requirements so that the charter may proceed. Sail the Med accepts no responsibility for any real or perceived failure to demonstrate to an operator that your qualifications are sufficient to enable the charter to proceed. Evidence of competence must be produced to this office as soon as possible after booking to ensure a smooth handover. Copies should also be available on embarkation. Should this not be forthcoming or should the base feel the safety of the yacht is in question the operator reserves the right to allocate a skipper to the yacht and charge you for the cost of this in accordance with their price list. Sail the Med accepts no responsibility for any such additional charges and cannot be held liable for any costs associated with additional skipper’s fees deemed necessary by the operator.
It is your responsibility to ensure that you are adequately insured. We strongly recommend that you and all persons with your party to take out comprehensive travel insurance, which will include cover against the cost of cancellation by you and assistance (including repatriation) in the event of accident or illness during your week. It is imperative that your travel insurance covers activities under taken on a sailing holiday (sailing, swimming, snorkeling as a minimum) and importantly recognizes a yacht as your accommodation for the trip.
We also suggest to EU residents that you have European Health Insurance Card (EHIC) which will allow reciprocal rights for EU citizens to free access to public hospitals in the event of severe injury or illness.
- IF YOU WANT TO CHANGE YOUR BOOKING:
After our confirmation has been issued, any requests for changes must be sent to us by email by the person that made the booking. We cannot guarantee that we will be able to accommodate your request but we will try to do so. You will be asked to pay an administration fee of [£65] plus any charge made by our suppliers. These are likely to be higher the closer you get to your arrival date, so contact us as soon as you can.
- IF YOU WANT TO CANCEL YOUR BOOKING:
The person that made the booking must put this in email (preferred) or registered mail to our registered office address. Because we incur costs in cancelling confirmed bookings, particularly if cancellations occur close to arrival date, you will be charged a cancellation fee. Cancellation fees: If you cancel
- 50% of the total price if a confirmed reservation has been cancelled more than 2 months prior to the departure date
- 75% of the total price if a reservation has been cancelled more than 1 month but less than 2 months prior to the departure date
- 100% of the total price if a reservation has been cancelled less than a month prior to the departure date.
In this category of cancellations are also the situations when the Client does not come for the check-in (no-show), or when the Client leaves the Vessel prior to the contracted check-out time (early-abandon case) – in all such cases a 100% cancellation fee applies and Client does not have a right for any refund.
- OUR OBLIGATIONS TO YOU
Sail the Med will fulfill its contractual obligations with you undertaking all reasonable skill and care. Unless we breach the booking contract, the holiday is at the customer’s own risk. You will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred as a result of your breach or default in the discharge of your obligations.
Sail the Med will not be liable to you in any way for any damages, loss, expense, injury, illness or death if your claim resulted from:
- Any act, omission or failure by any third party
- Any act, omission or failure by any employee(s), if they were not acting in the course of their employment carrying out the duties they were contracted to do with us;
- Any incorrect information supplied by you or a party on your booking form;
- Any of our emails being blocked by web filters or firewalls;
- Any act, omission or failure of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable;
- YACHT SECURITY DEPOSIT & DAMAGES:
For charter bookings where Sail the Med is acting purely as an agent/broker and you skipper the vessel yourself, you are required to leave a security deposit at the base in the amount communicated to you prior to booking. If you are not clear on this amount, please contact Sailing The Med. This represents your maximum liability in case of damage or loss incurred by you. It includes, but is not limited to, damage to the yacht and fittings, unpaid fuel, relocation costs, blocked toilets, and any damage or loss incurred to any third party due to your actions (or inaction). The dinghy/tender and outboard are NOT covered the security deposit or the security deposit waiver, so any damage or loss to these will be your responsibility entirely.
For bookings where a skipper is provided by Sail the Med you will not be required to provide a security deposit for the vessel. However crews may be held financially liable for damages to the vessel arising from their actions including but not limited to damages to general equipment on the vessel and ancillary components of the vessel including cabins, hatches, doors, bathrooms and toilets, kitchen components. The cost of such damages will be determined by the charter company upon return to base. You shall not be held responsible for damages arising from sailing or damages which are attributable to the actions of your skipper.
Except when advised separately clients are responsible for making their own way to the base. We will provide all details.
The majority of charters will commence at 17.00, ending at 09.00. Exact start and finish times will be shown on your contract/invoice, please make sure these are understood and adhered to. When disembarking in the morning it is often a requirement to return to base by 5 pm the night before the charter finishes.
If you have a problem during your stay, please inform the company principal immediately, who will endeavour to put things right. You should also try to find a solution whilst you’re there. We insist that unless complaints are initially raised with the skipper and/or the principal during the week, that we will not consider complaints raised upon completion of the trip.
If your complaint is not resolved locally, please follow this up within 14 days of your return home by writing to us at firstname.lastname@example.org giving your booking reference and all other relevant information. Please keep your letter concise and to the point.
If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract. Please bear in mind that we are only liable to compensate you in line with these booking. We agree that the courts of England and Wales have jurisdiction and English law applies (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scots or Northern Irish law, as applicable).
We will always make efforts to appease all customers including considerations of credit against future trips in the instance that matters beyond your control lead to you having to cancel of abandon your trips but this is an exception and is at the absolute discretion of Sail The Med. Please refer to Clause 5 regarding comprehensive travel insurance, which will protect you against inability to attend due to illness, injury, bereavements and flight cancellation.
You agree to provide to Us, information required by relevant Coastguard and Government authorities in which the trip is taking place. This includes but is not limited to Your Name, residential Address, Nationality, place of Birth, Date of Birth, Passport number and expiry date, In Case of Emergency contact and arrival flight and time. We will hold this information on file and transmit electronically to the authorities via our chosen charter companies. If you provide incorrect information (for example your Date of Birth) or
make errors, and the Coastguard requires that you leave the vessel to resolve the matter, we will endeavour to take care of you but can not delay the trip whilst this is resolved.
We agree to ensure that all relevant information is submitted to the authorities but can not and will not take responsibility for necessary Visas, passports being in date and other general matters. Please ensure that you double check the information you submit to us when requested and ensure
that your passport has suitable validity (usually 6 months) to allow you to enter and depart without problems.
When you book with us you agree that we may disclose information to third party providers (eg. insurers, agents, medical staff) which may be considered “sensitive personal data” under the Data Protection Act 1998. We will act in your best interest and with your consent when dealing with such information (eg. religion / medical condition).
You have the right to request in writing a copy of all information held by us about you and also to amend any errors or update information we hold about you. We may occasionally send you direct marketing material with details of offers, services and promotions. You have the opportunity to advise us that you do not wish to receive such material. We will ensure that all reasonable security steps are taken to protect your information. We reserve the right to amend these terms and conditions without prior notice by posting the new terms and conditions on this website. Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.