1. Booking Conditions
The Booking Form is the Booking Document and the Client is the person making the booking and named in the Booking Form. Completion of the Booking Form and payment of the deposit signifies acceptance by the Client of these terms and conditions. When the amount is paid the dates are secured and the booking is final subject to timely payment of any balance. Provisional bookings will be held for a maximum of 7 days.
A deposit of 25% of the fee is payable when booking. The balance of the amount payable is due 8 weeks before the commencement date. If the balance is not received by this date Shantih Marine LLP (hereinafter – the “Partnership”) reserves the right to cancel the booking and retain the deposit. If the booking is made within 8 weeks of the departure date the deposit is 100% of the fee.
3. Cancellation or Variation by the Client
The following scale of cancellation charges will apply on receipt of written confirmation of cancellation at the Partnership Office:
Cancellation prior to 8 weeks before departure: deposit only.
Cancellation prior to 6 weeks before departure: 50% of invoice amount.
Cancellation prior to 4 weeks before departure: 75% of invoice amount.
Cancellation less than 2 weeks before departure: 100% of invoice amount.
In certain circumstances a Charterer’s own travel insurance policy will cover the Client’s liability for cancellation charges. (See clause 6)
4. Cancellation or Variation by the Partnership
The Partnership reserves the right to alter the yacht arrangements should unforeseen circumstances arise (e.g. adverse weather forecast, vessel damage or failure, delay from an earlier charter). Should cancellation be necessary before departure the Partnership will if possible offer alternative dates, another yacht or alternatively, make a full refund of all monies paid. The Partnership will then be under no further liability. Where a cancellation is by reason of factors outside the Partnership’s control, e.g. political unrest, war, disaster, transportation failure or industrial action, the Client will receive a full refund less proper expenses sustained by the Partnership in respect of working costs.
5. Amendments to Bookings
Any alteration to the original booking can be discussed and must then be proposed in writing by the Client. If acceptable, it will become effective on issue of the Partnership’s written agreement.
The yacht is fully insured against accidents and third party liability but responsibility is not accepted for personal accidents, damage or loss due to the Client’s negligence. Unnecessary damage and losses attributed to carelessness of any member of the Client’s Party will be paid for by the Client at replacement cost, fair wear and tear accounted for. The Client understands that sailing is a hazardous activity and attention to matters of safety is paramount. Neither the Partnership nor the vessel’s Skipper accept any liability for personal injury to, or the death of any member of the Client’s Party however caused unless caused by the proven negligence of the Partnership. The Financial Services Authority no longer allows anyone except a regulated insurance broker to recommend insurance however –
IT IS SUGGESTED THAT YOU ARRANGE YOUR OWN INSURANCE COVER FOR CANCELLATION, INJURY AND PERSONAL LIABILITY
In the interests of safety Shantih Marine’s Skipper has complete discretion over sailing activity bearing in mind weather conditions and an assessment of the Charter Party’s ability. The Partnership cannot be held responsible for loss of yacht use due to adverse weather conditions.
Comprehensive and regular maintenance is undertaken and the yacht is kept in pristine condition. However if at any point during a charter the yacht cannot put to sea as a result of mechanical, electrical or other gear failure the Partnership will be allowed a reasonable period to rectify such failure without penalty.
If rectification cannot be made within a period of 4 hours from the failure becoming manifest, then after that period the Charter Party will be entitled to receive compensation calculated at the charter rate pro-rata per hour and calculated from the time the Charter party disembarks from the vessel. The Partnership will then be under no further liability.
The Partnership reserves the right to hold the Client liable for all demurrage costs in the event that the vessel is held over in another port or at sea and unable to return to the agreed port or harbour within the times of the Booking.
Shantih Marine LLP, Fodol, Llandegfan, Menai Bridge LL59 5SB