Contract, Terms and Conditions

July 2016

1) The Contract
(i) This contract is made between SailingGB Ltd (‘’the Company’’ ), and any person(s) (the Client) booking with The Company. These Terms and Conditions (“Contract”) apply to all bookings and rentals of yachts provided by SailingGB Ltd,  registered address at 23 Serpentine Road, Sevenoaks TN133XR. By booking a yacht charter, a berth or a managed event or programme , the Client agrees to these Terms and Conditions (T&C’s).
(ii) Where a booking is made via a Third Party bookings provider or portal the Client agrees to be bound by the T&C’s of the Third Party bookings provider in the first instance and additionally to any additional T&C’s of  SailingGB Ltd not covered by the Third Party Bookings provider.
Information given by the Client via a booking form or online or via a deposit forms, email or via a Third Party Bookings provider forms the basis of the Contract and the Client will be accepting the booking conditions for themselves and members of their party by proceeding with the booking.
(iii) If any part of these booking conditions is found to be invalid or unenforceable then the remainder of these booking conditions will remain valid and enforceable.

Disclaimer relating to the T&Cs
The Client has the right to disagree with any item on the T&C’s and to discuss, negotiate, not proceed with and/or negotiate a deposit return due to a dispute or disagreement held within the T&C’s provided it is raised prior to proceeding with the booking and payment in full. ‘Payment in Full’ is taken that the Client has fully read and understood the T&C’s and whilst the Company is available for interpreting the T&C’s it is not responsible for ensuring that the Client has done so.

2) Bookings
Bookings are only considered confirmed when the 25% deposit has been paid in advance, either directly to the Company or confirmed as received by the Third Party Booking provider. All bookings are subject to availability.

3) Balance of payment
The outstanding balance is due 4 weeks before departure, failure to pay by this deadline can result in the booking being cancelled and only a part or no refund being returned.

4) Cancellation by the Client
(i) Cancellations must be in writing and is effective upon receipt by the Company.
(ii)The refund is contingent upon the entire trip being fully booked. In the event of cancellation by the Client an administrative charge up to the full deposit may be charged.  
(iii) The Company will operate in good faith and charge an administration fee up to £300 and refund the balance if a replacement client can be found at no extra cost to the Company. 
(iv)In the event that the need arises to incur additional expenses for the procurement of a replacement individual, any such incurred costs shall be deducted from the refund amount owed to the party seeking the refund.
(v) Failure to pay the outstanding balance of a fee by the scheduled departure date, or without prior consent from the contracting party, shall result in the immediate cancellation of the participant’s booking, and no refund shall be issued.
(vi) In the event of cancellation the Client may be given the choice of an alternate programme where possible. If the Client does not wish to choose an alternate programme then a full refund may be given.
(viii) In the unlikely event that changes to the advertised programme occur the Company reserves the right to make such changes as required.

(ix) The Company reserves the right to substitute another vessel for the advertised one at its discretion or cancel the charter at any time, for any reason including weather conditions and non-availability of vessel.
(x) The Company will pay no compensation or refund to the Client(s) where change or cancellation to the programme is due to Force Majeure, loss, damage or incapacity of the vessel or actions of the race event organisers.  No liability is accepted by the Company for any costs or expenses incurred by the Client in the event of changes to the programme or cancellation by the Company. No Consequential losses incurred by the company are paid by the company
(See 6 (i) Limitation of Liability for additional explanation).

5) The Client’s obligations
(i) Details supplied on the booking form are accurate.
(ii) Whilst all in-service safety, sailing  and navigational equipment with regards to the MCA Cat. ii requirements will be expected onboard It is the clients sole responsibility to check and ensure, as soon as  possible and a minimum of atleast 7 days prior to the programme date that any or all advertised items either by the company on it’s website, or by third party providers on their website or via email or conversation that are deemed a requirement for their. The Company is not responsible for a ‘Laundry List’ of items that may or may not be published on website listings, which may or may not be included in the booking or particular region and which have not been pre-organised by the client.
(iii) The Client is required as a booking condition to take out a personal travel insurance package that covers cancellation, injury, curtailment and medical expenses. The policy must also include cover for sailing and racing offshore for the length of the programme where applicable. The Company may suggest an insurance broker on request, but it is the clients responsibility to ensure the policy they purchase meets their needs.
(iv) The Client agrees to abide by the normal operating and safety procedures as laid down by any suppliers of accommodation in the UK or abroad and any yacht clubs or official bodies and charter companies that may be used or associated with as part of the package.
(v) The Client accepts THAT THERE ARE INHERENT RISKS INVOLVED WITH SAILING, including but not limited to equipment failure, perils of the sea, acts of other participants, and adverse sea and weather conditions, and assumes such risks.
(vi) The Client recognises the need to exercise reasonable care for their safety and the safety of those around them and agrees to do so.
(vii) The Client is required to behave in an appropriate manner at all times and within the law. Threatening, or offensive language including, without limitation, defamatory, libelous, racist, sexist, ageist, homophobic, or sexually explicit language will not be tolerated and the client may be ejected from the vessel / event without refund.
(vii) Physical violence or harassment of any kind will result in the removal of the client at the earliest possible opportunity without refund.
(viii)English is the working language on board our vessel. For safety reasons the Client must have a good working knowledge of the English language. The Company reserves the right to decline passage at any time, without liability, to anyone considered not to have adequate language skills.
(ix) The Client is personally responsible for ensuring that they comply with all laws, regulations, and customs (including foreign exchange restrictions and drug/medicine regulations) of all countries visited.
(x)The Client is personally responsible for ensuring that any vaccinations they may need are up to date for the countries they will be visiting.
(xi) The Cleint agrees to respect the skipper’s decisions regarding safety, weather conditions, and navigational routes.
(xii)Maintain sufficient funds in their bank account for the security deposit from the moment the Booking Offer is submitted until 24 hours after the Rental ends
(xiii) Be the legal owner of the credit card used for the booking
(xiv) Before agreeing to the contract , inspect the Boat for technical compliance, ensure safety equipment and navigation gear are current and request the list of equipment and maintenance log if in doubt. The client is responsible for checking Fuel, Gas, Water and Electrical levels are all topped up and sufficiently supplied for the duration of the planned programme. The Client agrees to report any issues or disputes related to the utility supplies listing or boat prior to departure.
(xv) Pay any fines received, or costs incurred by the company in relation to marina berthing  fees, mooring fees, fuel or gas used during the booking  upon the Companies request
(xvi) Only bring onboard a number of passengers not exceeding the boat’s safety certification (including the skipper)
(xvii) Use the Boat as a “prudent and responsible seafarer,” strictly for leisure navigation under applicable maritime and customs laws, excluding commercial activity, fishing, transport, towing, etc
(xviii) Not be medically unfit for navigation or bring any passengers with medical contraindications onboard. If a passenger with a disability is present, the Renter must inform the Company and ensure the Boat is suitable
(xix) Return the Boat in its original condition, with all equipment, clean, and within the agreed timeframe
(xx) Report all incidents, technical issues, groundings, breakages, etc., and document them in the check-out inventory
(xxi) Return the Boat with the same Fuel , Gas and water level unless otherwise agreed with the Owner during check-in
(xxii) Return the Boat to the departure port unless a written agreement is made with the Company
(xxiii) Compansate the Company for any costs incurred resulting from the yacht being delivered to the place of commencement of the charter, or ending of the charter, which is not the base marina of the yacht
(xxiv) Hold all required licenses or nautical qualifications appropriate for the Boat, the navigation zone, the voyage, and the navigation plan

6) Limitation of liability
(i) As is standard industry practice in the ‘’Marine and Leisure’’ industry the Company does not compensate the Client(s) for any ‘’Consequential losses’’ incurred during the rental/booking/programme or passage (For example but not limited to any consequential travel expenses incurred as a result of a failed programme, any medical expenses, loss of personal property,  food or meals onshore or otherwise on account of failed cooking facilities due to cooker or microwave failure or depleted fuel, gas or electricity, water damage or supply, failure of the yachts systems such as engine failure, electronic navigation or other electrical systems, Fire, Capsize or Rig Failure).
(ii) The yacht is insured for third-party liability, but the Client is responsible for any damage caused during the charter. The Company will use insured vessels that meet the safety standard of the region they are operating in. Where such vessels are obtained by the Company as skippered or bareboat charters the Company will endeavour to assure all required safety and survey requirements are met, but will not be held responsible for any defects or omissions by the vessels owner, managing agents, third Party Bookings providers or website listing(s).
(iii) Whilst the Company 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 Company shall not be liable for any injury, death loss or damage caused by other Clients, nor will it be responsible for any uninsured losses of the Client’s property, nor for any illness, injury or death sustained during the programme.
(iv) No expenses will be paid by the client on behalf of the company without prior consent
The Company shall not be held liable for the non-completion of a race due to factors beyond its control, including but not limited to gear failure or insufficient wind conditions.
Clients agree if required to complete a release of liability form before embarking on a programme if required to by the Company or race organiser.
(v) The Client agrees to comply with tax and social obligations based on their status. The Client acknowledges that the Company does not provide legal or tax advice and cannot be held liable in this regard.

7) Authority
(i) The Client agrees to accept the authority, decisions and instructions of the Company’s Skipper’s, employees, agents and representatives during the programme.
(ii) At all times the decision of the Skipper is final on all matters.
(iii) Should the client interfere with the well being of the Skipper or other Clients during the Programme through difficult or disruptive behaviour, the Skipper has full authority to dismiss the Agitator(s) from the programme or vessel. In such event there will be no recourse to any refund. (iv) 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 their discretion and their decision is final.
(v) There is no guarantee when racing that we will complete any number of miles or hours. Our contractual obligations will be complete once we cross the start line of a race.

8) Age Limit
The minimum is 18 years at commencement of the programme unless pre arranged with the Company and the under eighteen year old is accompanied by a responsible party.

9) Health
Sailing can be a dangerous activity and requires an average level of fitness and health. We ask any Clients with medical conditions that may impact their ability to sail, to please disclose them in our Registration Form, so we may make necessary adjustments. Failure to do so may result in being asked to sit out of certain activities, and is not cause for a refund.

10) Media releases and image rights waiver
Crew members and employees grant the Company and affiliated companies and organisations the absolute right and permission to use their name, voice, image, likeness, biographical material as well as representations of the yachts in any media (being television, print and internet media), including video footage, for the sole purposes of advertising, promotion, reporting and disseminating information regarding the Company and affiliated companies.

Download this contract (PDF)