STANDARD TERMS & CONDITIONS
The following Booking Conditions together with the General Information contained on our website www.yachtysocial.com form the basis of your contract with The Yachty Social LLC (“we”, “us” and “our”) whose registered office is at 61 Rose Hill Drive, Bear Delaware, United States of America. Save where otherwise stated, all bookings are subject to these Booking Conditions. In these Booking Conditions, “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them as the context requires. “Holiday” and “arrangements” means the yacht charter that you book through us.
Please note, where we take or make a Yachty Social booking for you, we act in our capacity as booking agent only. Your contract will be directly with the yacht charter supplier as applicable.
You should print a copy of these Terms for future reference.
AGENCY TERMS OF BUSINESS
These are the terms on which we will make a booking for your travel or holiday requirements. When making your booking we will arrange for you to enter into a contract with the principal(s) or other supplier(s) (e.g. airline/yacht charter company) named on your receipt(s). We can book you a package holiday, in which case you will have one contract with the principal, or we can book the services that make up your holiday with different principals or suppliers, in which case you will have separate contracts with each of them. As agent we accept no responsibility for the acts or omissions of the principal(s) or supplier(s) or for the services provided by them. The principal’s(s’) or supplier’s (s’) Terms & Conditions will apply to your booking and we advise you to read these carefully as they do contain important information about your booking. Please ask us for copies of these if you do not have them. All travel arrangements which we provide or which are sold through us are not an offer by us to sell any travel arrangements, but an invitation to you to make an offer to the suppliers of the arrangements. We are free to accept that offer on behalf of those suppliers or to reject it.
2. BOOKING DETAILS
When a booking is made all details will be read back to you. Once you have confirmed these details we will proceed to confirm the booking with the principal(s) or supplier(s). Please check that all names, dates and timings are correct on receipt of all documents and advise us of any errors immediately. Any changes to these details will incur the charges stated below. Please ensure that the names given are the same as in the relevant passport. The booking information that you provide to us will be passed on only to the relevant suppliers of your travel arrangements or other persons necessary for the provision of your travel arrangements. The information may therefore be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary and religious requirements. Certain information may also be passed on to security or credit checking companies. If you are travelling to the United States, the US Customs and Border Protection will receive this information for the purposes of preventing and combating terrorism and other transnational serious crimes. In making this booking, you consent to this information being passed on to the relevant persons. Full details of our data protection policy are available upon request.
You will be required to pay a deposit or make full payment for your booking at the time of booking. Where you only pay a deposit you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will notify the principal(s) or supplier(s) who may cancel your booking and charge the cancellation fees set out in their Terms and Conditions.
4. CANCELLATION AND AMENDMENT
Any cancellation or amendment request must be sent to us in writing and will not take effect until received by us. If you cancel or amend your booking the principal(s) or supplier(s) may charge the cancellation or amendment charge shown in their Terms and Conditions (which may be 100% of the cost of the travel arrangements) and you must pay us the cancellation or amendment charge stated below.
We require you to take out personal travel/holiday insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses.
6. DELIVERY OF DOCUMENTS
All documents (e.g. invoices/tickets/Insurance policies) that require to be posted will be sent to you by electronic mail or usps. Once documents leave our offices we will not be responsible for their loss unless such loss is due to our negligence. If tickets or other documents need to be reissued all costs must be paid by you. You can ask for delivery by other means subject to the charges stated below.
7. PASSPORTS, VISAS AND HEALTH
We can provide general information about the passport and visa requirements for your trip. Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. Neither we nor the principal(s) or supplier(s) accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Most countries now require passports to be valid for at least 6 months after your return date.
8. FINAL TRAVEL ARRANGEMENTS
Please ensure that all your travel, passport, visa and insurance documents are in order and that you arrive in plenty of time for checking in at the airport. It may be necessary to reconfirm your flight with the airline prior to departure. Please ask us for details at least 72 hours before your outbound flight. You should take a note of any reference number or contact name when reconfirming. If you fail to reconfirm you may be refused permission to board the aircraft and you are unlikely to receive any refund.
Because the contract(s) for your travel arrangements is between you and the principal(s) or supplier(s), any queries or concerns relating to the travel arrangements should be addressed to them. If you have a problem whilst on holiday, this must be reported to the principal/supplier or their local supplier or agent immediately. If you fail to follow this procedure there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled to may be reduced or you may not receive any at all depending upon the circumstances. If you wish to complain when you return home, write to the principal/supplier. You will see the name and address plus contact details in any confirmation documents we send you. We will of course assist you with this if you wish – please contact Customer Services.
10. SERVICE CHARGES
In certain circumstances we apply a service charge for the services we provide.
– Cancellation or amendment Principal’s charge + $50 per person
– Special requests after booking has been confirmed Principal’s charge + $70 per person
BOOKING CONDITIONS: YACHT CHARTER ONLY
Please read these booking conditions carefully as they, together with the specific information about your confirmed accommodation, form the basis of your contract with The Yachty Social LLC
We reserve the right to alter any of our advertised accommodation prices. You will be advised of the current price of the accommodation that you wish to book before your contract is confirmed.
3. 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 deposit, or the full cost of the booking if you are booking within 10 weeks of your arrival date. Your booking is confirmed and a contract between us exists when we issue our confirmation invoice/email. 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. If you have paid a deposit, the balance of the cost of your accommodation is due as listed on site. If it is not received in time we will remind you that it is overdue. If you do not pay within 7 days of this reminder we will cancel your booking and retain your deposit.The cost of your accommodation does not include any extra chargeable services that you may use whilst at the accommodation. These are payable direct to the charter company.
4. 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.
It is your responsibility to ensure that you are adequately insured. We require you to take out travel insurance, which will include cover against the cost of cancellation by you and assistance (including repatriation) in the event of accident or illness.
Skin-diving/Swimming/Racing/Water Sports.The Yachty Social, Vessel Owner and the insurance underwriters of the yacht accept no responsibility or liability for accidents, injuries or death from these or related activities whether or not equipment for these uses is provided aboard the yacht. Charterer agrees to release, indemnify, hold harmless and defend the Owner and CC for any and all such incidents.
6. IF YOU WANT TO CHANGE YOUR BOOKING
After our confirmation has been issued, any requests for changes must be sent to us in writing, by email, fax or post, 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 [$50] plus any charge made by the accommodation supplier. These are likely to be higher the closer you get to your arrival date, so contact us as soon as you can. If you change the number in your party, the accommodation price will be re-calculated. If the party size is reduced, this is likely to mean the remaining members paying more due to under-occupancy.
7. IF YOU WANT TO CANCEL YOUR BOOKING
The person that made the booking must put this in writing to us, by email, fax or post. 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 (this is the date on which we receive your written notice of cancellation during the hours of 9am to 5.30pm):
- 35% of the total yacht charter price if a reservation has been cancelled more than 2 months prior to the first charter day.
- 65% of the total yacht charter price if a reservation has been cancelled more than 1 month but less than 2 months prior to the first charter day.
- 100% of the total charter price if a reservation has been cancelled less than a month prior to the first charter day. In this category of cancellations are also the situations when the Client does not come for the check-in (no-show-up), 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.
- Also, if skipper was reserved and then cancelled by Client, skipper fee has to be paid nevertheless, according to the same percentages as listed above (35% of the total skipper price if skipper was cancelled more than 2 months prior to the first charter day, 65% for 1-2 months and 100% for less than 1 month). The same holds true also in case of a hostess or cook. Cancellation of skipper, hostess and cook is charged regardless of whether the Vessel booking has been cancelled or not.
8. IF WE CHANGE OR CANCEL YOUR BOOKING
We reserve the right to change or cancel your booking if so required. Subject to the note below, if we make a change and you don’t want to accept it, you can take any alternative comparable yacht we are able to offer you or a refund of the money you’ve paid to us. This does not apply where the change is not material. Examples of non-material changes include, but are not limited to, a yacht within the same yacht class or with a difference of two years in age. We will not be responsible to pay any compensation following a change or a cancellation by us. Any amendment or cancellation fees you incur in terms of other arrangements you have made with other providers under separate contracts are not claimable from us. Note: If a change or cancellation occurs because of circumstances beyond our control, for example war, riot, industrial dispute, actual or threatened terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions,hurricane, flood, epidemic or pandemic illness and all similar situations we will have no liability to you. No compensation, costs, expenses or any other sums, including the cost of securing alternative accommodation will be paid by us.
9. OUR RESPONSIBILITY FOR YOUR BOOKING
We have a duty to select the yacht charter providers with reasonable skill and care. We have no liability to you for the actual provision of the yacht, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the provider with reasonable care and skill, we will have no liability to you for anything that happens at the yacht or any acts or omissions of the provider or others. We also have no liability in the following situations:
- where the accommodation cannot be provided as booked due to circumstances beyond our control (see the Note in clause 8)
- where you incur any loss or damage that could not have been foreseen at the time of your booking, based on the information provided by you.
iii. where you incur any loss or damage that relates to any business activity.
- where any loss or damage relates to any services which do not form part of our contract with you.
If we are found liable to you on any basis, we limit the amount we have to pay you to a maximum of three times the cost of your accommodation. This limit does not apply to cases involving death or injury.
When you book accommodation through us, you accept responsibility for the proper conduct of all members of your party during your stay. We reserve the right at any time to terminate the stay of any party member(s) whose behaviour is such, in the reasonable opinion of the yacht charter provider or us, as to cause or to be likely to cause danger, upset or distress to anyone else or damage to property. Full cancellation charges will then apply and no refund will be given. Furthermore, we shall be under no obligation whatsoever to pay compensation or meet any costs or expenses (including but not limited to alternative accommodation) you may occur as a result of your stay being terminated. If you cause damage to the accommodation in which you are staying, you must fully reimburse the yacht charter provider concerned for the cost of the damage before the end of your stay if the cost has been established by then or as soon as it has been established if later. You must also indemnify us for the full amount of any claim (including all legal costs) made against us by the yacht charter provider or any third party as a result.
11. CHECK-IN AND CHECK-OUT
Check-in is after 17:00. If you check-in after midnight, your accommodation has been reserved for you from the previous day and this counts as the first night of your stay. Check-out is at 09:00.
12. YACHT SECURITY DEPOSIT
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 The Yachty Social . 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). Your dinghy 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. If you are hiring a skipper from The Yachty Social, they are insured and take on responsibility for any damage or loss to the yacht or third party caused by their actions (or inactions). Clients must still leave a security deposit.
If you have a problem during your stay, please inform the yacht charter provider immediately, who will endeavour to put things right. You should also try to find a solution whilst you’re there. If your complaint is not resolved locally, please follow this up within 5 days of your return home by writing to us at [email protected] giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to identify your concerns quickly and speed up our response to you. 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 conditions – in particular clause 9 above makes clear that our obligation is to choose the yacht charter provider with reasonable skill and care.