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CRUISES
Please, find the Yacht Charter Tours Terms and Conditions below in blue
GENERAL TERMS AND CONDITIONS - CRUISES
Reservations/bookings.
The booking of a cruise, offered and organized by the TOUROPERATOR can be made at the Cruise.BG’s office or after a communication has been established be it by e-mail or telephone, if vacant places are available. If vacant places are available, the TOUROPERATOR issues to PASSENGERS a temporary option (reservation). The transformation of a temporary option into a permanent reservation is being made after a cruise tour contract is signed and a deposit of not less than 30% of the price for the cruise is made payable to the TOUROPERATOR. The final payment is to be made not later than 64 calendar days before departure date for Azamara Cruises, Celebrity Cruises, Carnival Cruise Lines, Costa Cruises, Cunard, NCL, , Princess Cruises and Royal Caribbean International cruises and 96 calendar days before the departure date for cruises of Star Clippers, Crystal Cruises, Windstar Cruises, Amadeus Waterways, Yachts of Seabourn and Viking River Cruises. For all ocean crossings the deadline for final payment is 126 days in advance. If the booking filed is within the minimum requested deadline, then 100% of the payment is due 24 hours after signing the cruise tour contract.
Necessary Documents.
A valid passport is necessary (valid at least 6 months after the end of the tour), along with respective visas (if necessary), All children under the age of 21, traveling without their parents, must present their passport along with a notary legalized declaration by both parents/guardians, that they agree their child/children to leave the country. If a child under 21 is traveling with one of his/her parents, then a notary legalized declaration by the other parent must be present, that the missing parent agrees his/her child/children to leave the country. If the family names of both child/children and parents are not the same, then the parents must obtain a suitable document, which proves their relationship to the child/children (for example Birth Certificate or another acceptable document). All documents must be in English. Some cruise lines require an additional notary legalized declaration on their form..
All PASSENGERS present an electronic or a paper cruise ticket when boarding (depending on the cruise line).
Visas.
For voyages to countries, where visas are required, the TOUROPERATOR will support the PASSENGERS by giving them information and travel documents /cruise reservation/. The issuance of a visa for a country is within the sole competence of the respective country’s embassy and it is not guaranteed by the TOUROPERATOR. In case of visa refusal, the visa taxes, paid by the PASSENGERS are not refundable.
PRICE. PRICE FORMATION AND CHANGE
All prices are per person and based on 2 people sharing the stateroom category stated and are inclusive of a cruise on a full board basis, onboard facilities and entertainment. All prices are for individual passengers and are NOT dependent on the accumulation of a minimum number of passengers.
The price of the cruise includes all the services, described in the „Option Confirmation – Ships” form. In addition, the price includes some day and night entertainment onboard, ship facilities and attractions, use of the outside pools, chais-longue and jacuzzi, pool towels, fitness center.
The price of the cruise does NOT include: shore excursions (could be booked onboard, if the PASSENGERS had not ordered and paid them in advance to the TOUROPERATOR), staff tips or gratuities (tipping is automatically added to your onboard account and paid at check-out), the drinks the PASSENGERS buy at bars and restaurants onboard, mini-bar drinks, reservation fee at the specialty restaurants, the services at the spa center and the business center, the casino, laundry, health and beauty treatments, baby-sitting, hairdressing, medical treatment, telephone calls and internet, bank transaction fee.
By request of the PASSENGERS, the TOUROPERATOR can prepare an individual program of shore excursions and additional services for them, as well as make the necessary reservations and payments. For this service the PASSENGERS pay to the TOUROPERATOR an additional administrative fee of 8 euro (VAT excl.) per day per passenger for the entire cruise.
The price of the cruise is to be paid in Bulgarian lev, according to the euro/lev fixing of the Bulgarian National Bank.
The payment could be made via bank transfer or in cash at any Raiffeisenbank branch throughout Bulgaria.
The payment is valid, if it has been received at the TOUROPERATOR’s bank account until the exact date and time, specified in the Option Confirmation Form (all payment deadlines are specified by exact date and hour due).
TOUROPERATOR’s bank account:
Beneficiary: TourMarketing Ltd.
Bank: Raiffeisenbank AD
IBAN: BG28RZBB91551060327811
BIC: RZBBBGSF
Details: „Cruise Tour Contract N…. (deposit/final balance)”
In case cruise fare changes, then the TOUROPERATOR reserves the right to change the price for the PASSENGERS. Price corrections could result after change of transportation costs, including but not limited to fuel price change; change of port taxes or other taxes, or change of exchange rates. If price for the PASSENGERS need to be increased, the latter must make an additional payment, which covers the difference, 24 hours after notification by the TOUROPERATOR.
In case of major price change (more than 5%), the TOUROPERATOR will defend the interests of its PASSENGERS under the provisions of article 35 of the Tourism Law in Bulgaria.
In case of “economic unbearability"- unexpected inflation, hipper inflation, fuel markets collapse, etc. the TOUROPERATOR reimburses its PASSENGERS all the amount paid, in Bulgarian lev.
In case of tour cancellation, due to force majeure (flooding, earthquake, fires, hurricanes, etc.) and/or actions of government authorities (ship arrest, wars, mass turmoil, strikes, riots, etc.), which cannot be foreseen or avoided by the TOUROPERATOR, the relations with the PASSENGERS will be settled by keeping the hypothesis of article 36, paragraph 1, section 2 of the Tourism Law in Bulgaria.
If the TOUROPERATOR makes some major changes in the provisions of this contract, he must inform the PASSENGERS. The latter must inform the TOUROPERATOR about their decision on the amended provisions, not later than 3 days after they receive the notification. In case the PASSENGERS do not accept the amended provisions, the TOUROPERATOR can offer them another voyage of similar conditions. If the PASSENGERS do not accept the new offer, the TOUROPERATOR can disclaim from the contract, without any obligation, compensation or penalty to him. In this case the TOUROPERATOR returns all the amount paid by the PASSENGERS not later than 7 days after the date he has received the denial notification.
The above mentioned provisions are invalid between the parties, in case the cruise is being cancelled by the PASSENGERS.
RIGHTS AND OBLIGATIONS OF BOTH PARTIES CONCERNED
In case the TOUROPERATOR fails to provide the services under the contract, or provides them partially, or provides them not exactly as offered, he will compensate the PASSENGERS for the interest they have proved to have missed.
When the TOUROPERATOR’s suppliers’ responsibility for providing the services is limited by international contracts, then the TOUROPERATOR’s responsibility is within these limits.
The TOUROPERATOR can cancel a cruise, if the number of PASSENGERS is insufficient by a previously announced date, (valid for the Escorted Voyages only) or in case of force majeure. In these cases the TOUROPERATOR is not liable for negligence of the contract, and returns to the PASSENGERS all amounts paid by them, less the payments already transferred for insurance policies, returned airline tickets fines, visa taxes, etc. All payments already transferred are verified by the respective financial documents by the TOUROPERATOR.
The TOUROPERATOR is not liable before the PASSENGERS in case of cancellation, delay or change of the deadlines or the provisions for this cruise, which are out of control of the TOUROPERATOR, i.e.:
* delay of flights, cruise ship sailings, or transfers, any technical or meteorological reasons;
* cancellation or temporary interruption of the tour as a result of PASSENGERS reasons;
* loss or luggage damage during the trip;
* denial of government authorities to issue a visa to the PASSENGERS;
* denial of the customs or border authorities to let the PASSENGERS leave Bulgaria or to enter a country of visit, because of lack of necessary documents or law violation;
* force majeure like: deseases, epidemic outbreaks, natural catastrophes, disasters, strikes, war conflicts in the countries visited, or in their neighbouring countries, which threaten the security of both parties concerned, government decisions or any other unforeseen or unbearable event of extraordinary nature, which has arised after the signature of this contract by both parties.
The TOUROPERATOR is not liable for negligence or partial negligence of the contract, if the reasons for that are:
а) The PASSENGERS;
b) action of a third party person, not connected to the execution of the contract;
c) force majeure or event, which cannot be foreseen or avoided by the TOUROPERATOR and its suppliers, while executing their duties in good faith.
The TOUROPERATOR carries full responsibility to submit all necessary travel information and documents, delivered by its suppliers.
The TOUROPERATOR is not responsible for any costs incurred to PASSENGERS if they have amended the tour’s initial program; in case of illegal PASSENGERS activities; in case of damage/loss of luggage or other valuables, which belong to the PASSENGERS.
If the cruise has already begun and must be cancelled because of force majeure, the PASSENGERS are to pay the actual services used while onboard only. The amount for all other services, which have not been used by the latter onboard is to be redeemed by the TOUROPERATOR within 30 days timeframe.
CANCELLATIONS
CRUISE CANCELLATIONS
Travel denial must be submitted to the office of the TOUROPERATOR in an official written notification, or to e-mail cruise@cruise.bg , or to fax 02/422-41-41. Cancellation notification, received during official holidays or weekends in Bulgaria, Austria, Germany, Turkey, Poland, Monaco, the USA, the UK or Greece as well as such, received after 4:30 pm during normal work days, is considered being received on the following, next work day.
If the PASSENGERS cancel the cruise (which they have already booked), the TOUROPERATOR imposes the following cancellation charges for Celebrity Cruises, Azamara Cruises, Carnival Cruise Lines, Costa Cruises, Cunard, NCL, Yachts of Seabourn, Princess Cruises and Royal Caribbean International, except for the transoceanic crossings and world cruises:
· Up to 64 days before the beginning of the cruise – 10 % of the total price of the tour, but not less than 150 euro per person.
· From 63 to 35 days before the beginning of the cruise – 50 % of the total price of the tour.
· From 34 to 20 days before the beginning of the cruise – 75 % of the total price of the tour.
· From 19 to 10 days before the beginning of the cruise – 90 % of the total price of the tour.
· 9 days or less before the beginning of the cruise or when PASSENGERS do not show on the day the tour begins (“no-shows”) – 100 % of the total price of the tour .
If the PASSENGERS cancel the cruise tour (which they have already booked), the TOUROPERATOR imposes the following cancellation charges for Star Clippers, Crystal Cruises, Windstar Cruises and Viking River Cruises, except for the transoceanic crossings and world cruises:
· Up to 96 days before the beginning of the cruise – 10 % of the total price of the tour, but not less than 150 euro per person.
· From 95 to 66 days before the beginning of the cruise – 40 % of the total price of the tour.
· From 65 to 36 days before the beginning of the cruise – 70 % of the total price of the tour.
· 35 days or less before the beginning of the cruise tour or when PASSENGERS do not show on the day the tour begins (“no-shows”) – 100 % of the total price of the tour .
If the PASSENGERS cancel the cruise (which they have already booked), the TOUROPERATOR imposes the following cancellation charges for the transoceanic crossings and world cruises:
· Up to 126 days before the beginning of the cruise – 10 % of the total price of the tour, but not less than 150 euro per person.
· From 125 to 96 days before the beginning of the cruise – 40 % of the total price of the tour .
· From 95 to 80 days before the beginning of the cruise – 70 % of the total price of the tour .
· 79 days or less before the beginning of the cruise or when PASSENGERS do not show on the day the tour begins (“no-shows”) – 100 % of the total price of the tour .
In addition to the above mentioned cancellation charges, the PASSENGERS must pay the TOUROPERATOR an additional administrative cancellation fee of 100 euro (VAT excl.) per PASSENGER.
Name changes and amendments can be done after a written approval is received from the suppliers of the TOUROPERATOR, as well as after payment of the respective administrative fees, specified by the suppliers. In addition to these fees the TOUROPERATOR imposes a fee of 20 euro per PASSENGER per change.
DISPUTES AND COMPLAINTS
All disputes regarding the fulfillment of the contract will be resolved in an amicable manner between both parties concerned, in view of the common interest. In case this is not possible the dispute shall be forwarded for resolution to the competent court in the Republic of Bulgaria.
In case, during the trip, all or part of the contract is not being fulfilled by the supplier, the PASSENGERS must immediately inform in writing the supplier of the services and the TOUROPERATOR in order for the latter to do their best to satisfy the PASSENGERS.
If the demands of the PASSENGERS are connected to the quality of the services offered, and these demands cannot be satisfied during the tour, the PASSENGERS have the right to file an official complaint in written to the TOUROPERATOR up to 7 days after their return. The PASSENGERS must present a written protocol, signed by the Cruise Director, the cruise line representative (if the service used has not been while onboard) and by themselves. Failure to present such a written protocol, the PASSENGERS cannot claim any demands against the TOUROPERATOR. The TOUROPERATOR informs the PASSENGERS about their answer not later than 30 days after the complaint and the protocol have been received.
In case the PASSENGERS cancel the tour by themselves during its fulfilment, they do not have the right to claim any monetary or other damages to them. In this case the PASSENGERS organise their return back personally.
INSURANCE
In accordance to the regulations of article 42 of the Tourism Law in Bulgaria, the TOUROPERATOR is fully bonded to a “Touroperator’s Responsibility” insurance at Bulstrad-Life JSC/CORIS International Assistance Company, Bulgaria, Sofia, 5, Pozitano Str. The number of the Certificate to the Insurance policy is 3405110240000023 from 27.08.2011 and it is displayed at the TOUROPERATOR’s office. The PASSENGERS are obliged to acquaint themselves with the terms and conditions of the insurance before the tour begins. The insurance policy covers the TOUROPERATOR’s responsibility in case of caused damages, if debts to suppliers occur, including bankruptcy and insolvency.
FINAL PROVISIONS
All deadlines in the cruise contract are set in accordance to the provisions of the Civil Code of the Republic of Bulgaria.
The provisions of the contract are consistent with the international provisions of the foreign suppliers of the TOUROPERATOR. By signing of this contract, The PASSENGERS declare, they accept the General Terms and Conditions of each of those suppliers.
The PASSENGERS declare, that they are knowledgeable with the cruise program.
Each one of the parties concerned has the right to ask for an amendment or for cancellation the contract if major changes did occur after the conclusion of the contract. If the contract is to be amended, the obligations of the parties concerned shall be kept changed. If the contract is to be cancelled, the obligations of the parties concerned shall be discontinued after settlement of all financial issues.
YACHT CHARTERS
GENERAL TERMS AND CONDITIONS - YACHT CHARTERS
Reservations/bookings.
The booking of a yacht charter, offered and organized by the TOUROPERATOR can be made at the Cruise.BG’s office or after proper communication has been established be it by e-mail or telephone, if vacant yachts are available. If vacant places are available, the TOUROPERATOR issues the PASSENGERS a temporary option (reservation) which is valid for 2 days. The transformation of a temporary option into a permanent reservation is being made after a yacht charter contract is being signed and a deposit of 50% of the price for the total tour is made payable to the TOUROPERATOR. The final yacht charter payment is to be made not later than 65 calendar days before the departure date. If the booking filed is within 65 days before departure, 100% of the payment is due 24 hours after signing the yacht charter contract. Failure to comply with the payment deadlines will automatically be understood by the TOUROPERATOR as a unilateral PASSENGERS refusal from their obligations under the contract and will result in the reservation become invalid, without any penalties to the TOUROPERATOR.
Necessary Documents.
A valid passport is necessary (valid at least 6 months after the end of the charter), the respective visas (if necessary), and a valid, approved certification to skipper a yacht (for the skipper and co-skipper, if applicable).
Visas.
For voyages in countries, where visas are required, the TOUROPERATOR will support the PASSENGERS by giving them information and travel documents. The issuance of a visa for a country is within the sole competence of the respective country’s embassy and it is not guaranteed by the TOUROPERATOR. In case of visa refusal, the visa taxes, paid by the PASSENGERS are not refundable.
PRICE. PRICE FORMATION AND CHANGE
The price is per yacht per week.
The price of the yacht charter includes all services, described in the “Option Confirmation – Yachts” Form.
The price of the yacht charter is to be paid in Bulgarian lev, according to the euro/lev fixing of the Bulgarian National Bank.
The payment could be made via bank transfer or in cash at any Raiffeisenbank branch throughout Bulgaria.
The payment is valid, if it has been received at the TOUROPERATOR’s bank account until the exact date and time, specified in the Option Confirmation Form at latest (all payment deadlines have been specified by exact date and hour time).
TOUROPERATOR’s bank account:
Beneficiary: TourMarketing Ltd.
Bank: Raiffeisenbank AD
IBAN: BG28RZBB91551060327811
BIC: RZBBBGSF
Details: „Yacht Charter Contract N…. (deposit/final balance)”
In case of yacht charter changes, then the TOUROPERATOR reserves the right to change the price for the PASSENGERS. Price corrections could result after change of transportation costs, including but not limited to fuel price change; change of port taxes or other taxes, or change of exchange rates. If price for the PASSENGERS needs to be increased, the latter must make an additional payment, which covers the difference, 24 hours after notification by the TOUROPERATOR.
In case of major price change (more than 5%), the TOUROPERATOR will defend the interests of its PASSENGERS under the provisions of article 35 of the Tourism Law in Bulgaria.
In case of “economic unbearability"- unexpected inflation, hipper inflation, fuel markets collapse, etc. the TOUROPERATOR reimburses its PASSENGERS all the amount paid, in Bulgarian lev.
In case of yacht charter cancellation, due to force majeure (flooding, earthquake, fires, hurricanes, etc.) and/or actions of government authorities (yacht arrest, wars, mass turmoil, strikes, riots, etc.), which cannot be foreseen or avoided by the TOUROPERATOR, the relations with the PASSENGERS will be settled by keeping the hypothesis of article 36, paragraph 1, section 2 of the Tourism Law in Bulgaria.
If the TOUROPERATOR makes some major changes in the provisions of the contract, he must inform the PASSENGERS. The latter must inform the TOUROPERATOR about their decision on the amended provisions, not later than 3 days after they receive the notification. The PASSENGERS declare that all their contact details, indicated in the contract (telephone numbers, fax numbers, e-mail address) can be used by the TOUROPERATOR in case of necessity. In case the PASSENGERS do not accept the amended provisions, the TOUROPERATOR can offer them another voyage of similar conditions. If the PASSENGERS do not accept the new offer, the TOUROPERATOR can disclaim from the contract, without any obligation, compensation or penalty to him. In this case the TOUROPERATOR returns the entire amount paid by the PASSENGERS not later than 7 days after the date he has received the denial notification. Change of transport vehicle /bus, yacht/ with another one of the same or higher category, without a price change, cannot be accepted as a major change of the provisions of the contract.
The above mentioned provisions are invalid between the parties, in case the yacht charter is being cancelled by the PASSENGERS.
RIGHTS AND OBLIGATIONS OF BOTH PARTIES CONCERNED
In case the TOUROPERATOR fails to provide the services under the contract, or provides them partially, or provides them not exactly as offered, he will compensate the PASSENGERS for the interest they have proved to have missed.
When the TOUROPERATOR’s suppliers’ responsibility for providing the services is limited by international contracts, then the TOUROPERATOR’s responsibility is within these limits.
The TOUROPERATOR is not liable before the PASSENGERS in case of cancellation, delay or change of the deadlines or the provisions for the yacht charter tour, which are out of control of the TOUROPERATOR, i.e.:
* delay of flights or transfers, any technical or meteorological reasons;
* cancellation or temporary interruption of the tour as a result of PASSENGERS reasons;
* loss or luggage damage during the trip;
* denial of government authorities to issue a visa to the PASSENGERS;
* denial of the customs or border authorities to let the PASSENGERS leave Bulgaria or to enter a country of visit, because of lack of necessary documents or law violation;
* force majeure like: deseases, epidemic outbreaks, natural catastrophes, disasters, strikes, war conflicts in the countries visited, or in their neighbouring countries, which threaten the security of both parties concerned, government decisions or any other unforeseen or unbearable event of extraordinary nature, which has arised after the signature of this contract by both parties.
The TOUROPERATOR is not liable for negligence or partial negligence of the contract, if the reasons for that are:
а) The PASSENGERS;
b) action of a third party person, not connected to the execution of the contract;
c) force majeure or event, which cannot be foreseen or avoided by the TOUROPERATOR and its suppliers, while executing their duties in good faith.
The TOUROPERATOR carries full responsibility to submit all necessary travel information and documents, delivered by its suppliers.
The TOUROPERATOR is not responsible for any costs incurred to PASSENGERS if they have amended the charter’s initial program; in case of illegal PASSENGERS activities; in case of damage/loss of luggage or other valuables, which belong to the PASSENGERS.
If the yacht charter has already begun and must be cancelled because of force majeure, the PASSENGERS are to pay the actual services used only. The amount for all other services, which have not been used is to be redeemed by the TOUROPERATOR within 30 days timeframe.
CANCELLATIONS
YACHT CHARTER CANCELLATIONS
Travel denial must be submitted to the office of the TOUROPERATOR in an official written notification, or to the e-mail cruise@cruise.bg , or to fax 02/422-41-41. Denial notification, received during official holidays or weekends in Bulgaria, Italy, France, Croatia, Spain, Thailand, Monaco, the USA, the UK, Greece, The Seychelles Islands and the Caribbean Islands, as well as such, received after 4:30 pm during normal work days, is considered being received on the following next work day.
If the PASSENGERS cancel the yacht charter (which they have already booked), the TOUROPERATOR imposes the following cancellation:
65 days before the beginning of the yacht charter – 10 % of the total price of the charter, but not less than 500 euro per yacht.
From 64 to 35 days before the beginning of the yacht charter – 50 % of the total price of the charter.
34 days or less before the beginning of the yacht charter or when PASSENGERS do not show on the day the charter begins (“no-shows”) – 100 % of the total price of the tour .
In addition to the above mentioned cancellation charges, the PASSENGERS must pay the TOUROPERATOR an additional administrative cancellation fee of 200 euro.
Name changes and amendments can be done after a written approval is received from the suppliers of the TOUROPERATOR, as well as after payment of the respective administrative fees, specified by the suppliers. In addition to these fees the TOUROPERATOR imposes a fee of 20 euro per PASSENGER per change.
DISPUTES AND COMPLAINTS
All disputes regarding the fulfilment of the contract will be resolved in an amicable manner between both parties concerned, in view of the common interest. In case this is not possible the dispute shall be forwarded for resolution to the competent court in the Republic of Bulgaria.
In case, during the trip, all or part of the contract is not being fulfilled by the supplier, the PASSENGERS must immediately inform in writing the supplier of the services and the TOUROPERATOR in order for the latter to do their best to satisfy the PASSENGERS.
If the demands of the PASSENGERS are connected to the quality of the services offered, and these demands cannot be satisfied during the charter, the PASSENGERS have the right to file an official complaint in written to the TOUROPERATOR up to 35 calendar days after their return. The PASSENGERS must present a written protocol, signed by the yacht charter company representative, the administration of the service supplier and by themselves. Failure to present such a written protocol, the PASSENGERS cannot claim any demands against the TOUROPERATOR. The TOUROPERATOR informs the PASSENGERS about their answer not later than 30 days after the complaint and the protocol have been received.
In case the PASSENGERS cancel the charter by themselves during its fulfilment, they do not have the right to claim any monetary or other damages to them. In this case the PASSENGERS organise their return back by themselves.
INSURANCE
In accordance to the regulations of article 42 of the Tourism Law in Bulgaria, the TOUROPERATOR is fully bonded to a “Touroperator’s Responsibility” insurance at Bulstrad-Life JSC/CORIS International Assistance Company, Bulgaria, Sofia, 5, Pozitano Str. The number of the Certificate to the Insurance policy is 3405110240000023 from 27.08.2011 and it is displayed at the TOUROPERATOR’s office. The PASSENGERS are obliged to acquaint themselves with the terms and conditions of the insurance before the tour begins. The insurance policy covers the TOUROPERATOR’s responsibility in case of caused damages, if debts to suppliers occur, including bankruptcy and insolvency.
FINAL PROVISIONS
The provisions of the contract are consistent with the international provisions of the foreign suppliers of the TOUROPERATOR. By signing of the contract, The PASSENGERS declare, they accept the General Terms and Conditions of each of those suppliers.
The address of the PASSENGERS at which the latter can receive information from the TOUROPERATOR is the same as above mentioned.
The PASSENGERS declare that they are knowledgeable with the yacht charter program.
It is the responsibility of the PASSENGERS to ensure that all correspondence is received at the address, indicated by them, personally or through a third person on their behalf. The TOUROPERATOR must ensure that the correspondence is being sent to the postal address, indicated by the PASSENGERS or through e-mail. Thus both sides accept that the correspondence is being sent and received on a regular basis.
Each one of the parties concerned has the right to ask for an amendment or for cancellation the contract if major changes did occur after the conclusion of the contract. If this contract is to be amended, the obligations of the parties concerned shall be kept changed. If the contract is to be cancelled, the obligations of the parties concerned shall be discontinued after settlement of all financial issues.
YACHT CHARTER COMPANY TERMS AND CONDITIONS
1. Purpose of the Contract
We are Sunsail Worlwide Sailing Limited (Sunsail), Part of The TUI Travel PLC Group of Companies. Registered Office: First Choice House, London Road, Crawley, West Sussex RH10 9GX. Registered in England & Wales No: 6072876. By signing this contract you agree to these conditions. A contract exists as soon as Sunsail (also Prestige Boating Holidays Limited) issues an invoice. Notification of discrepancies should be made immediately.
2. Method of Payment
Payment of the charter shall be made in installments - Details are listed on your invoice. The Charterer is responsible for additional running expenses occurring during the charter such as food, pilotage, mooring and docking fees, port charges, cruising taxes and park permits and customs – these charges are not part of the charter package.
3. Taking the Boat into possession
Taking the boat into possession is effective once the formalities below have been completed.
a) Full payment of the charter
b) Submission of Crewlist and arrival details (no later than 2 weeks prior to charter)
c) Submission of Sailing Certificate or Experience Report
d) Refundable Deposit is left by Credit Card (if applicable)
4. Sunsail’s Obligations
Sunsail will provide a navigable boat equipped pursuant to the laws and regulations in force of the flag and registration of the boat at specified start time (agent is not to forward name of boat or year of build). Sunsail will give out the boat papers specifying the navigation area, period authorized and area/boat covered by insurance. Should the specified Yacht not be available, Sunsail reserves the right to substitute with a similar Yacht. In the event of the yacht being cheaper/smaller, Sunsail will refund the price difference or alternatively you may elect to cancel the charter with a full refund. The Charterer shall be entitled to a pro-rata portion of the charter fees covering periods of delay in delivery of the Yacht. Alternative accommodation will be arranged and paid for by Sunsail whilst the yacht is delayed.
5. Competence of Charterer
Should Sunsail discover that the client is not competent to handle a yacht, Sunsail reserves the right to terminate this agreement forthwith with no refund of Charter fees or, if available, employ a skipper for an additional charge. The Charterer acknowledges that Sunsail does not independently investigate the competency of any Charterer to sail, but relies solely on the information provided (Sailing Certificate or Experience Report). The Charterer agrees not to sail the Yacht single-handed and to ensure at all times a competent skipper (over 18 years of age) and leading crew member are aboard except while safely moored. Sunsail reserves the right to terminate the arrangement without liability if the Charterer’s behaviour (in Sunsail’s reasonable opinion) is causing distress, damage, danger or annoyance to the crew, other customers, staff, any third party and property – Sunsail shall not be liable for any costs incurred.
6. Obligations of the Charterer
Should the Charterer not be present at the specified date/time due to whatever reason, Sunsail reserves the right to reset the time of delivery within a 24-hour period thereafter. The Charterer must examine the Yacht prior to departure to determine whether the vessel and dinghy are in good working order, are properly outfitted with all standard safety equipment and accessories as well as any other requested items (inventory). Acceptance by the Charterer certifies that Sunsail has fulfilled its obligations. Sunsail strictly prohibits the use or consumption of illegal drugs on board. Sunsail shall not be held liable for claims resulting in property damage arising from or related to consumption of alcohol or drugs.
7. Use of the vessel
The Charterer agrees to take on board the number of Passengers stated on the Crewlist (this must not exceed the maximum number). The boat is only to be used for pleasure. Racing is not permitted except for booked events when specific conditions apply. The vessel shall not transport merchandise, engage in trade, nor in any way violate the laws of any other government within the jurisdiction. Rafting to another vessel at anchor is strictly prohibited. Night sailing (between 30min before sunset and 30 min after sunrise) is not permitted. The Charterer agrees to restrict the use of the Yacht to the “cruising area” (see 4).
Should permission be given to cruise outside the cruising area (only possible in some areas and after completion of a WAIVER FORM), then the Charterer is fully responsible for the maintenance and management of the yacht and there will be no support offered (Sunsail Guarantee does not apply). Dogs are not allowed on any of our yachts.
8. Redelivery of the vessel
The Charterer agrees to return back to the port specified the night before charter end. The Charterer agrees to return the boat fully equipped, clean and in the same condition as first delivered. The Charterer should allow sufficient time to make this re-delivery taking into account prevailing weather conditions. Should the Charterer be delayed, Sunsail needs to be informed immediately. Otherwise Sunsail has the right to:
a) Charge a pro rata fee for the time the delivery is delayed plus 25% for any loss that Sunsail or the Yacht Owner may sustain due to the delayed delivery.
b) Charge for all expenses involved in returning the yacht to the originally agreed port (should the yacht be left at any other location).
9. Insurance
Sunsail is covered by a standard marine Yacht policy against direct physical loss to the vessel, bodily injury, property damage and civil liability. Said insurance is subject to specified deductibles for which the Charterer is responsible. The policy provides full cover for the yacht and £5,000,000 ($3,000,000 in the Caribbean and USA) third party cover for the skipper and crew. The Charterer and crew remain responsible for loss or damage from negligent or willful misuse of the Yacht (see 6 obligations of the Charterer) or failing to adhere to the Sunsail briefing or onboard instructions. A supplementary insurance for cancellation is recommended. In addition, the Charterer is encouraged to review his current health and liability insurance to ensure proper coverage during the period of his charter.
10. Charterer’s Insurance
Yacht Damage Waiver
A refundable or a non-refundable payment (included for all flotilla holidays) is required to cover the possibility of damage to the yacht and fittings including damage caused by you to a third party. Please note the YD W does not cover any acts of gross negligence, sailing under the influence of alcohol or drugs, or taking the yacht single-handed - in these instances, the refundable or non-refundable damage waiver are not the maximum liability of the Charterer.
a) Non refundable yacht damage waiver (YDW) (included for all flotilla holidays). Mandatory with Sunsail Skipper.
This YDW protects the charter party for loss and damage to the yacht and its fittings. This charge is shown in the relevant pricing tables per day and will be added to your invoice and is payable with your final balance. A refundable security deposit of €500/€ 2400 to contribute towards the loss or damage to the yacht or ancillary items of equipment such as dinghy tender, outboard engine, windsurfer, ocean kayak, cruising chute, and GPS will be taken at the base. If the damage incurred exceeds €500/€2400 your deposit will not be refunded. Should the damage incurred be less than €500/€2400 this will be deducted from the deposit and the balance of the deposit will be refunded.
b) Refundable Yacht Damage Waiver
If you choose not to take the non-refundable Yacht Damage Waiver on a charter holiday, €3000 (depending on your Yacht size) refundable deposit will be taken at the base and the charter party will be responsible for the full cost up to the deposit of any damages to the yacht and its fittings and ancillary items.
applicable for 10a) and 10b) above
In cases of gross negligence, sailing under the influence of alcohol or drugs or taking the yacht single handed, the Refundable Security Deposit is not the maximum liability of the Charterer.
Accidental Damage
In the event of damages, collisions and loss of equipment, the Charterer must take all reasonable steps to minimize further loss. 1. Report the incident immediately to Sunsail. 2. Promptly report to the local Authorities any damage or loss to people or other property. In the case of an emergency (i.e. a situation that is likely to cause injury or damage the yacht) then the Charterer should contact the nearest Sunsail base and agree on the price to be paid for a tow. Failure to comply with these terms may void the insurance coverage and YDW.
11. Complaint Procedures
The Charterer must notify the Company about any visible damage to the boat prior to embarkation. The Charterer must immediately notify the Sunsail originating base office of any shortcomings, problems or deficiencies during the charter so that remedial action can be taken. If the complaint cannot be resolved locally, the Charterer must contact their representative on return home. Complaints must be made within 35 days after the end of your holiday. The Sunsail Customer Service Team will reply within 28 days. Under no circumstances will the level of compensation exceed three times the amount paid to Sunsail.
12. Sunsail Changing your holidays
In the unforeseen event (e.g. fleet changes etc) Sunsail might have to change/amend your yacht, you can either:
(a) Accept our offer of a replacement holiday of equivalent or higher quality
(b) Accept our offer of a replacement holiday of lower quality and we will refund the difference in cost
(c) Accept a full refund of all money paid
If you accept a major change or we have to cancel your holiday, then in addition to any refund, we will pay you a minimum compensation as follows – 90–30 days before departure, compensation will be €30 per person; less than 30 days before departure, €60 per person. There will be no compensation paid in case of Force Majeure.
13. Cancellation/Modification Fees
If a cancellation occurs more than 60 days before departure, the deposit payment will be retained by Sunsail. 60-30 days before departure, 50% of the contractual sum will be retained; if cancellation occurs less than 30 days before departure, 100% of the sum will be retained. Any minor amendment (e.g. name) will be charged at €45 per amendment. Any major amendment (holiday date, yacht type, holiday duration, change of holiday value) will be dealt with like a cancellation. Cancellation of FCA flights may be subject to 100% cancellation fees.
14. Governing Law and Venue – repeat as below.
This agreement will be governed by English Law and any disputes will be dealt with by the English courts. If however you booked your holiday in Scotland or Northern Ireland any disputes may be dealt with in the local courts in Scotland or Northern Ireland and will be subject to the law of those countries.
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