BOOKING TERMS & CONDITIONS
1. INTERMEDIARY ROLE
The Big Sail LLP., always acts as an agent for the charter company abroad. For our clients, this means that your contract is always entered into directly with the charter company abroad and not with The Big Sail.
You acknowledge that as you are entering a bareboat charter agreement directly with the charter company, The Big Sail makes no representation regarding the boat’s seaworthiness or the boat’s mechanical/electronics/safety/rescue gear and capability or the quality/availability of the navigation/mechanical/swimming/medical knowledge available on board.
In paying the first down payment, you are deemed to have read and accepted the following terms and conditions. Bookings on charter yachts are subject to the standard terms of the charter company with whom we have booked your yacht charter holiday. The details of yacht charters will be published on the website (www.thebigsail.com) and on your login page at least 30 (thirty) days prior to the commencement of the charter.
When making your booking, you guarantee that you have the authority to do so and you accept the booking terms and conditions on behalf of your yacht charter party. You should check the details of your confirmation carefully to ensure that it accurately reflects the booking you have requested and immediately inform us of any discrepancies. In the event of any significant changes to the prices, the trip itself, or any other arrangements, you will be informed at the time of the booking; you will be notified of any other changes as soon as possible prior to departure.
2. BOOKING PROCEDURE
To make a booking, you must complete the online booking form at www.thebigsail.com. The form must be checked and submitted in order to receive confirmation of booking.
It is the customer’s obligation to check the dates of payment and ensure that their payments have been submitted in accordance with the payment plan. Any delays on the payments may result in cancellation of the booking and payments will not be refunded. Delayed payments may be accepted only if the customer requests an extension to the payment date and receives an approval in writing.
Once you have paid the first payment, the booking will be confirmed and fixed. If you cancel the booking, you will only be refunded if The Big Sail LLP. rebooks the boat with another customer. If you do not make the first payment within 24 (twenty-four) hours after the online booking, the booking will be cancelled and open for bookings by other customers.
The Big Sail LLP. will receive the gross amount of money (the cost of renting the yacht, plus an admin fee, plus a credit card fee) from the customers and The Big Sail LLP. will remunerate the charter company, minus the commission.
a. METHODS OF PAYMENTS
The first payment of 30% (thirty per cent) must be completed with a credit card within the first 24 (twenty-four) hours from the time the booking is made. Supported payment methods are via Bank Transfer or PayPal: payments can be made using a PayPal account or debit & credit cards via the PayPal terminal. Supported PayPal cards are VISA, MasterCard and American Express.
The second and third payments can be done via PayPal or bank transfer.
All PayPal and card transactions will carry a 2% fee. Bank transfers carry no additional charge.
Details on payment status are found on the booking page, which is accessed via an email that is sent to the charterer after the booking is submitted.
All payments are made to:
The Big Sail LLP., 4 Greengate, Cardale Park, Harrogate, North Yorkshire, HG3 1GY, UK
All pricing is in GBP for all destinations.
The due date is the day that the payment has been registered by The Big Sail. Received payments will be notified on the customer’s login page. If a payment is paid but not registered, it is the customer’s responsibility to prove that the payment has been made by the due date.
The booking will automatically lapse if payment is not received in time. If the payment dates are not adhered to, The Big Sail reserves the right to cancel the booking and payment will not be refunded.
b. PAYMENT PLAN
First payment is 30% of full charter price, due within 24 hours of booking.
Second payment is 30% of full charter price, due 30 days after booking your holiday.
Third payment is 40% of full charter price, due 45 days before your holiday is due to commence.
All payments must be made prior to the due dates, in three parts or less. If preferred, customers may settle the total in one payment.
4. CHANGES OF PERSONS ON THE TRIP
If an individual who has booked a holiday with The Big Sail LLP., is prevented from travelling, The Big Sail LLP. will agree to the booking being transferred to another individual who satisfies all the conditions of the holiday, and subject to both persons accepting joint and several liability for full payment of the holiday price and The Big Sail LLP. for confirming the transfer. The Big Sail LLP. has the right to charge for any reasonable additional administrative costs which arise from the transfer. The Big Sail LLP. must be given at least 14 (fourteen) days written notice prior to the departure date of the transfer.
It is not possible to change the gender ratio on your yacht once you have made your booking. If this is breached, The Big Sail LLP. has the right to refuse participation in the event.
5. YACHT DETAILS
All the yacht specifications, product data and measurements are provided on TheBigSail.com. The pictures are for general information purposes only, using manufacturers images of each yacht model, not photos of the actual boats. Discrepancies can be possible between the yacht shown on the website and your allocated yacht. This content does not represent or warrant the full inventory of the yacht and are just presented for an overview list.
The identity of the charter company will be disclosed to you when you receive your confirmation of booking email. You will be issued a login and your login page will detail all the relevant information about the charter company and yacht specifications.
6. COMPETENCE TO RENT A YACHT WITHOUT A SKIPPER
The requirements for skippering your own yacht differ depending on the location. In general you will need previous skipper experience, a nautical education certificate and a VHF license. Full details are available at: www.thebigsail.com/skippers-hostesses Skippers will also be required to submit a sailing resume that is subject to approval by The Big Sail Operations Director. The necessary documentation must be readily available on embarkation. If this is not forthcoming, or if the yachting charter company feels that the safety of the yacht and party is in question, the charter company reserves the right to cancel the voyage and prevent the departure of the yacht, or force the use of a local skipper at their rate of €150 per day.
7. BOOKING A YACHT WITH A SKIPPER (AND HOST/CHEF)
We will attempt to allocate all yachts with a skipper, if requested. In the event that we have an excessive demand of skippers, exceeding our ability to recruit them, we reserve the right to make appropriate cancellations where necessary.
Skippers, hosts and chefs all require a bed onboard. This is usually their own cabin, but where bunk cabins are available, it is an acceptable assumption that 2 crew members will share. This will reduce the amount of beds available for guests. The skipper and/or crew should only be allocated sleeping quarters in the central communal area (saloon/galley area) if this is agreed at the time of booking by all parties including the skipper/crew.
8. PASSPORTS AND VISAS
You are responsible for ensuring that you possess all the necessary documentation including passports and visas for your holiday. For all destinations, you should consult the appropriate consulate. All travellers must have a valid passport for international travel. Many countries require passports to be valid for 6 (six) months beyond your stay. Visas and entry permits are required for many countries. Passports, visas & re-entry permits are the responsibility and cost of you, the charterer and traveller, – please check with your consulate. For health enquiries you should contact your Vaccination Centre or see your Doctor. We recommend that you check travel advisory information on your destinations.
The majority of charters shall commence at 17:00 local time on Saturday, ending at 09:00 the following Saturday. The charter company requests that the timing details are understood and adhered to. If the customer returns the yacht later than agreed, a penalty charge shall be requested and the customer will be liable for all recovery costs.
10. SECURITY DEPOSIT
A Security Deposit of £3000 is required from all customers to cover the risk of damage to the yacht, loss of equipment or late return. This amount is liable to vary according to the charter company, the location and the size of the yacht. In most locations a non-returnable Damage Waiver of £25 per day can be paid instead of the Security Deposit.
The security deposit is required even if the yacht is chartered with a skipper. In case of personal negligence and/or loss of one or more items of equipment; the customer shall bear all the costs, not the skipper.
There are two ways to settle a deposit:
a. CREDIT CARD; DEBIT CARD;
When using a credit card, the deposit is reserved on your card. Upon the return on the yacht, the reservation on the card is removed so that no money is deducted from your account. The procedure when using a debit card is similar, however the amount is actually withdrawn during the week of your voyage and then reimbursed to your card.
You pay the deposit cash before departure. At the end of the week, the amount will be returned to you.
The Big Sail LLP. acts as an agent for the yachting charter company abroad and therefore does not provide flight inclusive packages. It is your own responsibility to book and commit to the flights. We are not liable for any incidence which may occur that can interfere with your booking with The Big Sail LLP., and will not refund the booking monies for any missed/cancelled flight. Any arrangements or compensation in the event of a delay or cancellation will be at the sole discretion of the airline you booked with or your personal travel insurer.
12. AT THE SITE
The customer will sign a bareboat yacht charter agreement to hire the yacht with the charter company on arrival at the destination. This agreement will be entered into before the yacht departs from the marina and will be entered into directly between the customer and the charter company.
13. BEHAVIOUR AND WAIVER OF LIABILITY
The customer shall acknowledge and accept the customer waiver that will be given and signed on site. If the charterer misbehaves or fails to comply with the local laws and rules, the charter company and/or The Big Sail LLP. will have the right to ask the charterer to leave the yacht and/or withdraw the skipper from the yacht, without any reimbursement to the customer.
14. CANCELLATION POLICIES
a. CANCELLATION OR VARIATION BY THE BIG SAIL LLP.
As the advertising information is necessarily prepared in advance, some conditions may be subject to alteration. Changes may be made before you make a booking. The Big Sail LLP. reserves the right to make those changes should they become necessary to the implementation of the holiday. In these circumstances, we will notify you of such changes prior to confirming your booking.
If major changes that might affect the overall standard of your holiday are made after your booking, you will be notified as soon as is reasonably possible in order to allow you to take the appropriate action, in particular to withdraw from the booking, without penalty or to accept an alternative booking. You are to inform us of your decision immediately.
We guarantee that up to and until 30 (thirty) days before your departure date, the price of your holiday will not be subject to surcharges except for:
- variations in transportation costs, including the cost of fuel;
- variations in dues, taxes or fees chargeable for services such as embarkation or disembarkation fees at ports, and that within 30 days of your departure date, the price of your holidays will not be subject to any surcharges.
We reserve the right to cancel your holiday in any circumstances. If we cancel your holiday, you can either have a refund or accept a replacement holiday from us of equivalent or similar standard and price, if one is available. We will always refund the difference in price if the replacement holiday is of a lower standard and price.
The compensation by the company for the non-performance of the contract will not operate where;
- the package is cancelled because the number or gender ratio of persons who agreed to take is less than the minimum required, and you are informed of the cancellation in writing within 30 (thirty) days prior to your departure date;
- the package is cancelled by reason of unusual and unforeseeable circumstances beyond our control, the consequences of which could not be avoided even if all the due care had been exercised. These include war, riots, industrial dispute, terrorist activity, natural or nuclear disaster, fire and adverse weather conditions among others.
b. CANCELLATION BY THE CUSTOMER
If you, as the customer, withdraw or cancel the booking with The Big Sail LLP. due to reasons that are your fault or willful decision, you must notify us immediately in writing. Cancellation will be effective on the date at which The Big Sail LLP. receives the cancellation. If you have notified us by email, please follow up to check that the email has been received and acknowledged.
You will only be refunded the money for a cancelled booking if The Big Sail LLP. can find another customer who wishes to book the yacht.
Cancelled bookings with The Big Sail LLP. can incur further charges imposed by the charter agencies abroad. Therefore, The Big Sail LLP. shall be entitled to retain as much of the deposit or other payment as is needed to cover the reasonable costs and losses caused by the withdrawal. The Big Sail LLP. will take all reasonable steps to keep its costs and losses to a minimum.
If you wish to make changes to the booking after confirmation, we will do everything possible to comply with them. As an agent, we may need to charge additional costs for which you will be responsible.
c. BAREBOAT YACHT CHARTERS
Please refer to your agreement with the specific charter company for the terms and conditions of your charter. This contract will be received at the site of departure. We recommend that you contact the charter company prior to your trip and request to view their terms and conditions. You will normally be granted free use of the bareboat yacht after you have signed the Take-Over form with the charter company. You have the right to inspect the bareboat yacht, her gear and inventory and to ensure that all items are present and in good working condition. On signing the Take-Over form you accept the yacht and thereafter it is your full responsibility, and you will have no right to claim for any loss of time or expense caused by any accident or breakdown or failure of any part of the bareboat yacht.
Such acceptance does not imply that you assume responsibility for any failure, damage, loss or expense due to normal wear and tear, or defects, which are agreed and noted on the Take-Over Form.
If you make a late return of the yacht at the end of the charter, you will be liable to pay a penalty charge, and you will be liable for all recovery costs.
The cruising area from each base may be restricted. The base manager will inform you of any restrictions, and may further confine the cruising area of the bareboat yacht or place a competent crew on board if considered necessary for the safety of the yacht and its occupants. A daily charge will be made for each crew member. No pets are permitted on board unless otherwise stipulated.
15. INSURANCE / LIABILITY:
All yachts are covered by hull insurance, the extent to which is dependent on the value of the yacht. Dinghies are not usually covered by the insurance. All charter companies do their utmost to ensure that the yacht is handed over in a swift and timely manner. You should take your time to familiarise yourself with the yacht and check the charter company’s insurance terms for your understanding.
Yachts are placed at your disposal by their owners for your sailing holiday. Responsibility for completing the trip is exclusively yours. During the preparation of your charter, you must take into consideration the weather conditions, as well as the experience of the crew.
In the absence of The Big Sail LLP. breaching the booking contract, this 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.
16. TRAVEL INSURANCE
It is a fundamental requirement of The Big Sail LLP. that everyone participating in a Big Sail event has a personal travel insurance policy. It is your responsibility to buy personal travel insurance. It should cover adventurous activities such as sailing. By booking, you agree that all members of your party will have comprehensive travel insurance for the duration of your trip.
We are not qualified to express an opinion confirming that you are fit to sail. You must not sail if you are suffering any serious medical condition, or have undergone surgery unless you have a medical certificate proving your fitness to sail. You must not sail if you are under the influence of alcohol or drugs.
17. LAWS OF THE COUNTRY WHERE YOU OR YOUR CHARTER YACHT IS LOCATED
No one in your party should commit an act contrary to the laws of the country where your yacht charter is located. You and/or your party will carry full responsibility and answer to the appropriate Authorities.
18. YACHT CHARTER COMPLAINT PROCEDURE
We aim to provide you with the best yacht charter holiday possible, but if a problem occurs you must report it to The Big Sail LLP. as soon as possible, or to the charter company manager or your skipper who will try to resolve it on the spot. If you fail to follow this simple procedure, The Big Sail LLP. and/or the charter company will have been deprived of the opportunity to investigate and rectify your complaint whilst you were on your yacht charter vacation and this may affect your rights under this contract.
These terms and conditions shall be governed by and construed in accordance with the laws of the country in which the Agent has its principle place of business, (England) and any dispute arising out of or in connection with these terms and conditions shall be referred to arbitration in England.