Contract:

Your contract is with Top Yacht Sailing Ltd., who are registered in England Number 7384194, trading as “Top Yacht”. When a signed Booking Form has been received by us with the relevant deposit, we will issue a Confirmation Invoice to confirm your holiday. A contract exists once we have issued the Confirmation Invoice. It is your responsibility to check the details on the Confirmation Invoice and inform us of any discrepancies immediately on receipt.

All yacht charter arrangements are made by Top Yacht acting as agents on behalf of yacht owners/operators and travel providers.

Payment of a deposit implies acceptance of these Booking Conditions both for yourself and all members of your crew. The Lead Name on the booking will be responsible for the full cost of the holiday, including any amendment or cancellation charges.

The contract is governed by English law and you agree to submit to the jurisdiction of the English courts.

How to Book:

Please contact us by telephone or e-mail to check availability of yachts. We can hold a yacht on option without commitment for a few days. To confirm an option a non-refundable deposit of 50% of the charter fee is payable by direct transfer, debit card or credit card. We will then send you a Confirmation Invoice showing exactly what you have booked, what you have paid and the balance due. The balance must be paid 8 weeks before departure. If you book less than 8 weeks before departure, the full amount is payable on booking.

Payments:

A deposit of 50% of the holiday cost is required to confirm a booking. The balance must be paid 8 weeks prior to the departure date. If the balance is not paid by the due date we reserve the right to cancel the booking and forfeit the deposit. If you book less than 8 weeks prior to departure date, the full amount is payable on booking.

Credit cards:

In addition to direct transfers & debit cards, we can accept VISA, MasterCard & AMEX credit cards. There is no fee for paying the deposit or full amount by credit card.

Passports & visas:

All persons traveling should be in possession of a valid passport. Passports should be valid for at least 6 months after the return date. It is essential that all passport holders are aware of the entry/visa rules to which they are travelling.Top Yacht can take no responsibility for incorrect arrival documentation.

Yacht insurance:

The yachts are fully insured under marine insurance policies against loss, damage and third party indemnity. You are expected to take all reasonable care but your liability in the event of loss or damage to the yacht and its equipment is limited to the amount of your security deposit unless such damage or loss was caused by your negligence or wilful damage. It is important that previous sailing experience is correctly shown on the Booking Form for full indemnity of any risks.

Security deposit:

A security deposit is required for all charters against the possibility of damage to the yacht, loss of equipment or late return. The amount varies according to the size of the yacht and is payable on embarkation and returned, less any necessary deductions, at the end of your charter. For some yachts you pay a non-refundable security insurance as an alternative to a security deposit or with a reduced security deposit. For locations / operators where waiver is not possible, you can obtain a quote/book online with our colleagues here.

Price:

We reserve the right to amend our prices at any time prior to booking. However, once a Confirmation Invoice has been issued the price of a holiday 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 Invoice errors or omissions.

Travel Insurance:

It is a condition of your booking that you obtain adequate holiday insurance. To comply with FSA Regulations, full details of Single Trip Travel Insurance to cover our sailing holidays and Annual Multi-Trip Travel Insurance to cover all your holidays during the next 12 months, including sailing and skiing holidays, are on our website https://topsailinsurance.com/top-yacht/where you can buy on- line direct from the insurance company.

What if you cancel your booking?

If you cancel your holiday the lead name on the booking must advise us in writing by e-mail or post. A cancellation will be effective from the date received and the following cancellation charges will apply:

• more than 8 weeks prior to departure: deposit
• within 8 weeks of departure: 100% of holiday cost.
  If one person only cancels he will not be refunded his share of the yacht charter if the others continue with the charter. You can claim under your travel insurance if the cancellation falls within the terms of the insurance.
• What if you alter your booking? We will try wherever possible to make any alteration you request after booking. An administration charge may be payable. A major alteration (eg. change of departure date) will be treated as a cancellation and re-booking. The names you give us to book flights must match passports. You will be liable for any charges which arise due to incorrect names being advised to us at the time of booking.
• What if we change or cancel your booking? We will do our utmost to provide the holiday you have booked but it is inevitable that sometimes changes have to be made. Most of these changes will be minor and we will inform you at the earliest possible date. In the event of your yacht not being available when you arrive for reasons beyond our control, e.g., damage or late return by previous charterers, we reserve the right to substitute a similar yacht or if such yacht is not available to provide hotel accommodation until such yacht becomes available.

We cannot accept responsibility or pay compensation where we are forced to change or cancel your holiday 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, adverse weather conditions or similar events beyond our control.)

Our liability to you:

We accept responsibility for the proven acts or omissions of our staff, suppliers and local agents whilst acting within the scope of or within the course of their employment, except where attributable to the fault of any member of your party, to an unconnected third party or to an event which we or our supplier could not with due care have foreseen. We cannot be held responsible for death, bodily injury or illness unless it is proven to be due to negligence or omission of our staff, suppliers or agents. Any compensation shall be limited to the cost of your holiday except where death, bodily injury or illness results.

Chartering conditions:

The yachts are offered for charter on condition that the person identified on the Booking Form as the skipper:

• has sufficient sailing experience & certification where required (please check with us) to handle a yacht of the size and type chartered and is assisted by at least one other adult as crew. If in the judgment of the local supplier the charterer is not competent to operate the yacht, we reserve the right to require the charterer to take a skipper at the charterer’s own expense.
• prior to commencement of the charter, to sign an agreement for bareboat charter which may incorporate legal requirements for yacht charter in the country in which you are chartering.
• will follow the operating and servicing instructions
  relating to the engine and other mechanical and electrical systems as advised on check-in.
• will inform the supplier as soon as possible by telephone should the yacht suffer any accident, incident or failure or damage to hull, engine or gear.
• will not accept a tow before agreeing a towing fee.
• will not enter or take part in any yacht race or competition without prior express permission.
• will return the yacht to the marina and vacate the yacht on the last day according to the terms of the charter. In the event of late return of the yacht at the end of the charter you will be liable to a penalty charge.

You have the right to inspect the yacht and all equipment thoroughly at the start of your charter to ascertain it is in good working order. Your signature on the Take-over Form implies acceptance of the yacht which will thereafter be your responsibility. For an authorised repair not carried out by the base staff, a receipt must be obtained which will be refunded in the case of repairs resulting clearly from normal and natural wear. Should your yacht suffer any damage during your charter so that you cannot use it for a period of more than 24 hours the payment for this period will be refunded unless such damage occurred through your own act or omission. As with other activity holidays, sailing contains an element of risk. Participation in sailing is your decision and at your own risk. The skipper of the yacht has primary responsibility for the safety of the crew and yacht at all times.

Complaints

If you have a problem or complaint during your holiday you must immediately notify the local agent so that he has the opportunity to resolve it. Should the matter not be resolved to your satisfaction a written complaint must be given to the local agent on the return of the yacht and a claim must be made in writing to us within 28 days of your return.

Accuracy of information

Every care is taken to ensure that the information in our brochure and on our website is correct at the time of going to print but changes will inevitably occur thereafter. Our sales staff are often asked for information not contained in the brochure or on the website. Whilst every effort is made to ensure that all information given is correct, we cannot be held responsible if this should prove inaccurate unless requested and answered in writing.