When your reservation is confirmed you need to complete a booking form with our partner company Island Sailing MCPY who operates the charter. We will either send you a booking form via email for you to complete and return or complete it with you over the telephone. By completing the booking form you guarantee that you have the authority to do so and accept on behalf of your party the terms of these booking conditions. Once we have your completed booking form and your cleared deposit we will send your charter confirmation statement and a contract will then exist between you and Island Sailing MCPY. Please check the details on your confirmation statement carefully and let us know of any discrepancies straight away. Please provide accurate and full information as to the party, including any changes and confirm that all other members of the party, including any that may be added at a later date, agree to these conditions.
The person who completes the booking form is the 'lead name' and should be over 18. The lead name is responsible for the full cost of the charter, including any amendment or cancellation charges and confirms that they and/or members of their party are capable and competent to sail the yacht as described in the 'Experience and qualifications' section.
You can pay by bank transfer or by credit or debit card either over the phone or through our website via PayPal (in sterling). On the confirmation statement check the date your final payment is due as we reserve the right to cancel the booking with the loss of your deposit. When you book you pay either:
Once you receive your confirmation statement the price of your charter will not be increased unless we are required by law to charge a Government tax or levy introduced or changed after your booking is made. This does not apply to errors or omissions. However, we can amend our prices at any time prior to booking.
All members of your party must obtain adequate holiday and travel insurance before travel. We cannot be responsible for possible liabilities which may arise or for any costs you incur if you do not do this. For your protection and peace of mind the insurance should cover you if you have to cancel your arrangements, or for any emergencies that arise while you are away. Please check your policy when you receive it and take it with you on your travels.
If you wish to cancel your booking the lead name on the booking should let us know by email or fax. Cancellations are effective from the date received and the following charges apply:
If you request a major change (such as change of date, type or number of yachts) more than 8 weeks from departure, we will do our utmost to make these changes but it may not always be possible. Where we can make a change any difference in the charter price, additional services or items will be charged as per the price on the day the change is made and any discount you may have received may be altered, reduced or lost. If your request is within 8 weeks of departure date it will be treated as a cancellation and the above cancellation charges apply and you will need to re-book.
The Lead Name assumes responsibility for all members of the party and we cannot refund individuals within the party or where the change or cancellation is because the number of persons who have booked is less than that required for the charter. It is not possible to change all the names on any booking and at least one of the party (over 18) on the original booking must remain. If individual(s) within a booking need to cancel or if you wish to add to a party after the initial booking; so long as the total party remains within the per person minimum/maximum requirement for the yacht chartered the charter price will remain the same. Any changes should be made more than 21 days from the departure date. It is not possible to change a charter booked to any special offer charter without incurring cancellation charges shown above and the re-booking of new arrangements at the price applying on the day the booking is made.
If we need to make minor changes (for example, change of yacht to another of similar or larger size with at least the same number of cabins) we will let you know as soon as possible. We reserve the right to make a major change including, but not limited to a change of yacht to a significantly lower standard or, to cancel your charter in any circumstances but if we do we will let you know as soon as possible. If we need to make a major change we will do our utmost to offer you an acceptable alternative of either a charter of equivalent or closely similar standard and price (subject to availability) or a less expensive charter (subject to availability) and we will refund the difference in price. If you do not wish to accept this within five days of the offer being made the charter will be cancelled and you will receive a full refund. If we need to cancel your booking our liability is limited to the amount of payment received by us and we cannot accept responsibility for any expenses you may incur.
We cannot accept responsibility or pay compensation where we are forced to change or cancel your charter due to Force Majeure (war or threat of war, riot, civil strife, terrorist activity, industrial dispute, unavoidable technical problems with transport, closure or congestion of airports, natural or nuclear disaster, fire, epidemic, terrorist activity, civil unrest, change to Foreign Office advice to advise against travel to destination, adverse weather conditions (actual or threatened) or similar events beyond our control. Once your charter has started we will not be liable for any loss, delay, inconvenience or extra expenses caused to you for any reason beyond our control.
As with other activity based holidays, sailing and watersports activities contain an element of risk and participation in these activities is your decision and at your risk. Our liability to you for any loss or damage which you may suffer is limited to the price of your charter. This maximum will only be payable when every aspect of your charter has gone wrong and you have not received any benefit. This excludes death and personal injury resulting from the non performance or improper performance of the services involved in the charter, and is subject to the limitation of liability described below. We accept responsibility for any death, bodily injury or illness caused to you as a result of the proven negligent acts and/or omissions of our employees, agents, suppliers and sub-contractors and their servants and/or agents while acting within the scope of, or in the course of, their employment.
We also accept responsibility for any damage caused to you as a result of any failure to perform, or improper performance of the services we have agreed to provide to you, except where such failure or improper performance is not our fault or that of our suppliers because:
Compensation is limited in line with the Geneva convention (transport by road), the London convention (applies to the use or operation of pleasure craft) and any other Conventions that might be applicable from time to time. Island Sailing accepts no responsibility for the acts or omissions of its customers whether negligent or otherwise and shall not be held liable for any claims made against them (or as a result of their actions) either by other customers of Island Sailing or third parties. Island Sailing does not accept liability for losses that were unforeseeable to those involved at the time of booking, losses that were not caused by any breach on the part of Island Sailing or its supplier and any business losses or similar to the customer as a result of unforeseeable circumstances.
You will assist us in recovering from any third party any sum which may compensate us for any sums we pay you. You are obliged to assign to us any rights that you may have against any person whose acts or omissions have caused or contributed to our legal liability to pay you compensation. Should you become ill while on charter, please let us know and consult a local doctor and your GP upon your return home. Should you make a claim against us as a result of that illness we will require the details of both doctors and your written authority to obtain medical reports from them. Other than as set out above, and as is mentioned elsewhere in these booking conditions, we shall have no legal liability for any loss, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of your charter.
If you have a complaint during your charter please let us know straight away so that we can try to resolve it. If you do not let us know about your complaint whilst on charter we will not have had the opportunity to rectify it and this will reduce or extinguish your rights to compensation.
The yachts are comprehensively insured including up to 6 million euros for third party property damage and personal injury (including up to 3 million euros personal injury indemnification per person and 250,000 euros for pecuniary damages). Please notify us of any potential claim within 14 days of your return. Island Sailing cannot be held responsible for any loss which you may suffer as a result of the insurers failing to indemnify any risk through you providing incorrect information of previous sailing experience and qualifications when requested.
Before your charter a security pre-authorisation 'hold' deposit is taken by VISA or Mastercard credit card (we are unable to accept debit cards) to cover the insurance excess on any one incident. This is also security against the vessel being returned in a condition other than its condition on the start date, and against any loss or damage suffered by Island Sailing due to any breach of these conditions, but without prejudice to any claim over and above the security deposit, which we may have.
On successful completion of the charter the pre-authorisation 'hold' deposit charge will not be completed and the 'hold' will lapse. If damage, loss or incident occurs the ‘hold’ deposit charge process will be completed and you will be informed in writing. We may not be able to confirm the cost of damage at the end of the charter period until a professional estimate is provided. Where the direct and/or indirect costs (including loss of charter revenue) are less than the deposit charge any remaining balance will be returned when the costs have been confirmed. If the yacht requires lifting for full inspection to assess damage you will be required to pay in full for this charge.
By accepting this contract the lead name confirms that they and/or members of the crew are capable and competent to sail the yacht in the conditions and cruising area of charter and that the skipper has sufficient sailing experience to handle a yacht of the size and type chartered. The skipper must hold and produce a valid ICC (International Certificate of Competence) or RYA Day Skipper certificate or higher prior to your charter. A second crew member should be competent, fit, have a knowledge of yachts and be over 18 years old. We may require that your skipper and crew demonstrate their competence in handling and navigating the yacht safely. If it is of the opinion that the Skipper and or crew is not, or may not be competent we reserve the right to terminate the charter or to provide a skipper, if available, at your own expense as per the skipper rate listed on our website.
Before your charter the skipper signs an agreement and take-over form which includes legal requirements for yacht charter in Greek waters. The skipper should check the yacht and it's equipment and by signing the take-over form accepts the yacht is in good working order and the yacht will thereafter be their full responsibility. The skipper has responsibility for the safety of the crew and craft at all times and for assuring that he/she and the crew are competent to undertake the planned itinerary within the pre-determined cruising area as stated in the agreement. Before your charter we will explain the operation of the yacht to the skipper. The skipper must take note of safety information and written materials provided and fully familiarise themselves with the charts of the area and brief the crew on this, the yacht and it’s systems. In the rare event that a yacht is unavailable when you arrive for reasons beyond our control we reserve the right to substitute a similar yacht or if such yacht is not available to provide accommodation excluding meals until such yacht becomes available or to fully refund all charter fees paid.
The skipper is responsible for checking the inventory and yacht systems before the yacht makes passage and for following the operating instructions relating to the engine and other mechanical and electrical systems. After take-over you are responsible for any expenditure incurred for port-dues, water, fuels, oils and any other stores required. Night sailing, single handed sailing, towing other craft and partaking in racing is not permitted. The skipper must not allow the yacht to be sailed under an excessive amount of canvass that may lead to strains and stresses on the rigging and the sails. Island Sailing may make changes to your itinerary; decide whether or not conditions are safe to make a passage and whether this should be under power or sail. Adults will at all times be responsible for minors in their charge. Individuals other than those specified on the charter form, animals, restricted items and illegal goods are not permitted on board.
Please report any damage, incident or defect to us as soon as possible recording all information regarding any incident including gaining witnesses. In the event of breakdown of equipment Island Sailing must agree and authorise any necessary repairs prior to them being carried out. For an authorised repair not carried out by Island Sailing staff, a receipt must be obtained which will be refunded in the case of repairs resulting clearly from normal and natural wear. You must not accept outside assistance or a tow prior to agreeing a fee with Island Sailing. You will be responsible for the full repair or replacement of any loss or damage caused whilst under the influence of alcohol or drugs, malicious or negligent use or by not following the instructions of Island Sailing. Should a yacht suffer any damage during the charter to such an extent that it cannot be used for a period of more than 24 hours the payment for this period will be refunded unless such damage occurred through your act, omission or negligence.
We reserve the right in our absolute discretion to terminate without notice the charter arrangements and contract of any customer who refuses to comply with the reasonable instructions of Island Sailing staff (or their representatives) whose behaviour, in their opinion 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 charter ceases and we shall not be liable for any refund, compensation or any other costs you have to pay.
Your yacht must be returned to our base by 5 pm on the penultimate day of your charter and vacated by 9 am on the last day of your charter. When you return the yacht to us we cannot accept that it is free from defects that may not be immediately apparent. Please return your yacht in a clean and tidy condition, otherwise we reserve the right to deduct reasonable cleaning costs from your security deposit in addition to the standard cleaning fee outlined in your confirmation statement. Any losses or damage payments require settlement prior to leaving the Island Sailing marina base. If these payments are not made we will raise an invoice charging an additional £30 administration fee. Any losses or damage payments require settlement prior to leaving the Island Sailing marina base. If these payments are not made we will raise an invoice charging an additional £30 administration fee. Late return of the yacht may also cause the security deposit to be forfeited.
These booking conditions contain some exclusions and limitations of liability. If any part of these booking conditions is found to be invalid or unenforceable, then the remainder of them will not be affected and will remain valid and enforceable.
Charters are operated by Island Sailing MCPY, Lefkada, Greece, registration number: 1229/04.02.2010 VAT number: EL997915512 trading as “Island Sailing”.