SailChecker.com Yacht Charter Website Terms and Conditions

SailChecker.com Terms & Conditions

 

This yacht charter and sailing comparison website is wholly owned and operated by SailChecker Ltd. (‘SailChecker.com‘) a company operating worldwide, incorporated in England, whose registered address is:

Kemp House
152 City Road
LONDON
ENGLAND
EC1V 2NX

and whose company number is 07767818 and who are registered for VAT GB 120 449 348.

This end user agreement governs the use of this website and the provision of the services provided.

It is important to take your time to read and understand the terms that will bind our relationship in respect of the use of our website, Social Media Channels and any services provided to you.

We arrange Yacht Charter and other recreation sailing and sail training services as a disclosed agent for, but not limited to, Fleet Operators, Yacht Charter Companies, Sailing Training Providers, Cabin Charter Providers, Yacht Owners and Corporate Sailing providers.

At all times we materially act as your agent (except when providing SailChecker Crew):

All bookings are based on a contract between you the client and the operator. You may request a copy of this contract. It should be noted that SailChecker acts at all material times as an agent only and any dispute arising will be between you the charterer and the operator. SailChecker offers a goodwill, as is, support to customers making complaints against operators. This free service aims to mediate between client and the operator to bring about a successful resolution.

The standard terms and conditions of the supplier apply at all times. You may request a copy of the Fleet Operator’s terms and conditions at any time.

To book with SailChecker, you are required to enter all the necessary information into the User Interface on the Website, Social Media Channel, or via email. A consultant will check this information, request further information of clarification and search for a range of services matching the request. This process may go through several evolutions to ensure that the service offered meets the requirement.

Whilst every effort is made to meet all stated requirements, this cannot be guaranteed.  Whilst using SailChecker services significantly reduces the likelihood of buying a misdescribed charter or sailing service it cannot guarantee that the boat or service will meet all or some of the stated requirements. Charterer’s should check all specifications in advance. The charterer must be take up any discrepancies with the Fleet Operator, either directly or through SailChecker. SailChecker provide full support before during and after the charter on a goodwill best effort basis.

Our agreement is formed when the booking form€™ is completed and/or you give us your instructions to book. Once these instructions are received, you are entering into an agreement with the supplier and your commitment to the first payment is binding.

Payment is due:

1st Instalment withing 7 days of booking;

2nd Instalment 56 days before departure.

Once paid, the instalments are non-refundable and clients are advised to seek adequate insurance to cover additional risks.

There are a number of additional costs that may be applicable to your booking including, but not limited to, Advanced provisioning Allowances, Mooring Fees, Berthing Fees Fuel, Security Deposits, Staff Food, Gratuities, Insurance(s). These arrangements are between you and the operator and we accept no responsibility for availability or standard of these extras. We will always support our clients to get the best possible service and support.

Instalments are either paid directly to the supplier or to us. Where payments are paid to us, we always pass these directly to the supplier (net of commission), funds are not held on account. We collect the funds for and on behalf of the operator and carry out no due diligence on your behalf.

The standard payment method is by bank transfer direct to the Company Branch Account. SailChecker pass on actual costs of using any other mode of payment over bank transfer and no more. We do accept MasterCard, Visa and other debit/credit cards on request, typically these attract a handling fee of 2.5% dependent on the currency and card type. Once payment has been received, you will receive an acknowledgement on your client page and/or by email. This is always subject to confirmation by the financial institutions involved in the transaction. Once this transaction is complete, all details of the service will be provided, including but not limited to, instructions, guides, addresses, and contracts as required.

Where payments are made in a different currency to the one which your holiday is quoted in, exchange rates apply. Second payments may move up or down as a result of fluctuating exchange rates. Delayed payments can lead to significant changes in pricing in your local currency.

Most contracts with suppliers have a standard cancellation policy; this can be confirmed at the time of booking. We strongly recommend that you purchase relevant insurance to protect against unforeseen circumstances€“ please check the terms of any policy carefully to ensure you have appropriate protection. Most suppliers will allow you to change your booking either free of charge or for a small charge. Typically this is on a case-by-case basis and cannot be guaranteed. SailChecker does not make any charge in relation to supporting you with any changes.

The SailChecker user interface allows a wide range of services to be requested. We are careful to take into account all requirements and special requests. However, we cannot guarantee any of the stated requirement and cannot be held liable if any request is not met.

Having correct information is essential for us to maintain our service to you. You should, without limit, ensure we have the correct contact details and keep us informed of any changes. Whilst every effort will be made to check important details, SailChecker cannot be held liable for creating travel documents from incorrect information.

In the case of group bookings, a lead passenger must be nominated. They take responsibility for ensuring the information provided for these individuals is correct. In general, all communication and payments will be made via this nomination and will, in most cases, be assumed to be the person making the enquiry unless explicitly altered by agreement.

In some instances, SailChecker will join with individuals or groups to bring customers together in a joint venture. SailChecker accepts no liability for the conduct of individuals who are introduced to each other and it is each individuals responsibility to make necessary checks to the soundness of their fellow guests.

It is your responsibility to ensure that all personal travel documents including but not limited to, passports visas, inoculation records, etc. are in date and that you have adequate insurance to cover your trip. Further responsibility exists to ensure you are eligible to gain entry the country of travel including all countries to be transited, This responsibility extends to those travelling with you and liability is joint and several in this respect. Customers are responsible for making their own checks on the safety of any planned destination.

Complaints are to be served in writing to [email protected] or our registered address. Please note that we can only address complaints about the services provided by SailChecker. Complaints about the standard of the operators must be dealt with under your contract with them.

All customers must be 18 years old or over and have the legal capacity to conduct such a transaction.

Offers displayed on the site are available at the time they were posted. Confirmation can only be made direct with a customer sales representative as to the latest availability You should enter into a contract with both SailChecker and the service provider before relying on this booking. SailChecker cannot be held responsible for any costs arising from believing a booking had been made before the deposit and the first instalment having been paid.

SailChecker.com uses a variety of sources to create the very best options based on the information provided. This includes cross-checking numerous systems and databases and relying on information provided by third parties. It is possible that errors can emerge. Whilst we do everything we can to reduce the number of errors we reserve the right to amend any offer up to and include the payment of the first instalment.

The content on our website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent allowed by law, we, other members of the company group, and any third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, these terms or to a visit to our website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. The terms in this agreement and in transactions connected with the site are governed by English law.

The following terms apply to your general use of our website:

Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our website without notice (see below). We will not be liable if for any reason our website is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our website, or our entire website, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

You are responsible for making all arrangements necessary for you to have access to our website. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms, and that they comply with them.

We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our website for your personal reference and you may draw the attention of others within your organisation to material posted on our website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our website must always be acknowledged.

You must not use any part of the materials on our website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our website in breach of these terms of use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Commentary and other materials posted on our website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our website, or by anyone who may be informed of any of its contents.

We aim to update our website regularly, and may change the content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material.

We process information about you in accordance with our privacy policy. By using our website, you consent to such processing and you warrant that all data provided by you is accurate.

You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

Any material you upload to our website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our website.

You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page without express written consent. We reserve the right to withdraw linking permission without notice.

SailChecker.com offers ‘crewed charters’ where staff (referred to as crew), either individually, or in a variety of combinations, are entirely or partly responsible for the operation of the boat or services offered during the charter, including but not limited to, cooking, hostessing cleaning, deck handling, maintenance and navigating.

Conditions:

  • Except when providing SailChecker crew, SailChecker.com act for and on behalf of the operator at all times. It is essential that the lead charterer reads and understands the terms and conditions of the operator with whom his contract for the charter is formed.
  • Where information given by SailChecker contradicts information given by the operator, the operator’s, contract, terms and conditions, instructions, etc. shall prevail.
  • Charter is typically restricted to a cruising area or a distance from a safe haven or bot. Charterers wishing to sail to specific locations should ensure they have written agreement from the operator before agreeing to a charter.
  • It is the responsibility of the lead charterer to ensure that he/she and each of their guests has valid VISAS for all countries to be visited.
  • An Additional Provisioning Allowance (APA) is payable, in advance, on all crewed charters. This rate should be agreed in advance. Unspent funds will be returned by the same method as they are received or by another method on the agreement of both parties.
  • All transfers for the APA must be made “without deduction to the beneficiary”.

Crew

Crew may be provided by the vessel, the operator, a third party agency. Where applicable they should be properly qualified and comply with the laws and regulations of the country into whose waters the vessel is sailing.

It should be understood that the Crew are entitled to a minimum amount of rest in accordance with the Vessel’s Code of Practice, which includes the Maritime Labour Convention (MLC) 2006. Crew maybe subject to other restrictions placed on them by the operator.

Operating Costs

The charter fee includes the charter of the Vessel with all it’s crew, equipment and stores in good working order at the commencement of the charter. The charter fee includes:

  • Basic consumables (specifically not fuel) including but not limited to as cleaning materials;
  • The basic wage of the crew;
  • All Repairs during the charter should be carried out in a reasonable timescale. The cost of such repair and maintenance shall fall to the operator.;
  • Insurance of the Vessel (excludes damage caused by guests);

The Advanced Provision Allowance (APA)

Having paid the APA the charterer shall be notified at suitable intervals, or on request, as to the disbursements of the APA. The Charterer should exercise suitable due diligence in checking disbursements throughout the charter.

Should the balance remaining become insufficient, the charterer will be required to pay the operator, captain/skipper, purser or SailChecker.com (as appropriate) an adequate sum to maintain the balance. Where the APA is underwritten by a credit or charge card, or by direct debit, the charterer authorises payments in advance. Discrepancies should be highlight to all interested parties (where SailChecker is the agent we recommend including us) at the earliest possible moment, and in writing (includes electronic communication).

Failure of Equipment

In is in the nature of sailing and engineering that items will become unserviceable during your charter. All faults should be reported to the captain/skipper of the vessel, or the operator, without delay. It is advised that