Activity Yachting Holidays' Booking Conditions 

These conditions, together with any general information and descriptions, either sent out as printed material or seen on our website, form part of the client's contract with the Company. Bookings through third parties are subject to terms and conditions of that company provided they meet our minimum requirements as listed herein, otherwise our terms and conditions apply.

In these conditions the 'Company' shall mean Activity Yachting Holidays and/or their subsidiary or associated companies. The 'Client' shall mean the signatory of the booking form and everyone named in the booking or added subsequently. The singular shall include the plural and vice versa.

1. There will be no contract between the company and the client until the clientand company have completed the booking. A booking will be deemed to be completed when the client has either signed a booking form, or has confirmed the booking by completing our on line booking system and paid the relevant deposit and the company has issued a confirmation invoice. As no signature is required from the client when the on line booking system is used, payment of the deposit by the client to us is deemed to be full acceptance of these booking conditions, and this point is clarified again on the confirmation invoice. Every opportunity is therefore given to ensure that the client is fully aware of these conditions in advance of booking, with a further seven days after the issue of the confirmation invoice being given to alert us to any changes, errors or misunderstandings that may have occurred during the booking process.

However, for bookings made within 70 days of travel, a contract shall be deemed to exist once the client has made the booking 'definite' either by telephone, fax or email, and the company has confirmed full holiday details, including a booking reference number to the client. Full payment will be due immediately for bookings made within 70 days of travel. (Subsequent cancellation of the holiday by the client is subject to the charges in Clause 4). In completing the booking, the client accepts these conditions on his behalf and on behalf of all other persons named on the booking, including those substituted or added by agreed amendment. NB. It is a condition of the contract that the client will take out personal travel insurance, either that negotiated by the company or an equivalent policy.

2. The balance of the price is payable 10 weeks prior to the departure date. If the balance has not been paid by this time, the company may cancel the booking and levy the cancellation charges set out in clause (4)  No Reminders or Statements will be sent after the initial confirmation invoice. The balance due date is stated clearly on the confirmation invoice.

3. Special requests should be indicated on the booking or requested in writing. The company will try to arrange special requests to be met, but cannot guarantee that they will be unless a supplement is charged. Adding requests aftermaking a booking may incur an amendment charge. 

4. In the event of cancellation by the client the following cancellation charges will be made:

More than 10 weeks (70 days) prior to departure:-                          Deposit only

Less than 10 weeks prior to departure:-                                          Holiday cost in full (100%) 

Please note that insurance premiums are non-refundable. Should one or more member(s) of a party cancel it may increase the per person holiday price of those still travelling.  Cancellation shall only be effective when written notification of same is received from the party leader that made the booking originally. 

5. A fee of £25 per person may be charged for each amendment or name change to a confirmed booking to cover administration costs. For an alteration within ten weeks of departure, the company may treat the alteration as a cancellation of the original holiday (attracting cancellation charges) Clients should be aware that some suppliers, particularly airlines, may charge a 100% cancellation fee and the cost of a new ticket.

6. We reserve the right to amend our prices at any time prior to booking.  However once a confirmation invoice has been issued the company guarantees that the price of your holiday will not be subjected to any surcharge except in cases where we are required by law to charge a Government tax or levy, introduced after your booking is made.

7.  We will always make every effort to deliver the holiday as booked, but sometimes changes are forced upon us.  If the company makes a major change or cancels the holiday after it has been confirmed but before departure the client will have the choice of: (a) accepting the cancellation or changed arrangements; or (b) taking another available holiday with the company (if it is more expensive the client must pay the difference, but if it is cheaper the company will make an appropriate refund); or (c) (in the case of a major change) cancelling the holiday and receiving a full refund. A major change is a change of airport (except between airports serving the same city), a change of resort, or a change to a lower grade accommodation or yacht. Any other change is minor.  In all cases our liability is limited to the amount of payment received by us and we cannot accept any responsibility for any additional expenses incurred by the client

We cannot accept responsibility or pay compensation where we are forced to change or cancel your holiday due to Force Majeure, meaning unusual and unforeseeable circumstances beyond the company's control, the consequences of which neither the company nor its suppliers could avoid, including but not limited to war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, fire, flood, adverse weather conditions or the threat of any of these.

If there is a minor change, the company is not obliged to notify the client, although it will try to do so, nor is it liable to pay compensation. 

8. If the company becomes unable to provide a significant proportion of a holiday after it has commenced, the company will make suitable alternative arrangements for the client at no extra charge to the client or, alternatively, arrange for the client to be returned to his point of departure and to receive a pro-rata refund for any ground arrangements not received.

 9. Accommodation, which forms part of the client's booking, may only be used by the people named on the booking. Sub-letting is not permitted. The client must observe the rules of the community  (if any) relating to the accommodation and must vacate it as instructed on the day of departure. The client shall behave properly throughout his holiday and, in particular, must not do or permit to be done anything which might lead to damage to any property, injury to any person, or invalidate  any contract of insurance. The client will use, occupy and enjoy the accommodation provided as part of his holiday with due care and in a proper manner without allowing the accommodation to become unreasonably soiled. No items, fixtures or fittings shall be removed from the accommodation or left outside at any time. The client will be responsible for the cost of repairing or replacing any lost, broken or damaged items, including lost keys.

10. Flight times are provided by airlines and are subject to change because of such matters as air traffic control restrictions, weather conditions and technical problems. Flight timings are therefore estimates only and cannot be guaranteed. The company will not be liable if a flight is delayed. In the event of a delay, airlines generally provide such refreshments, meals and accommodation, as they deem appropriate. Where it is able to do so, the company will use its best endeavours to ensure that appropriate arrangements are made.  As between the client and any individual airlines, the airline's standard conditions of carriage will apply. These may limit or exclude liability in accordance with relevant international conventions.

11. It is the client’s responsibility to obtain all general information concerning passport, visa and health requirements applicable to travelling abroad. However, such requirements are subject to change and the client is also responsible for checking current requirements before departure. It is the client's responsibility to ensure that he complies with all applicable requirements and takes with him all documents required for his holiday, including copies of appropriate skippers and VHF operating licences where a yacht charter is involved. The company will not be liable for any failure by the client to discharge these responsibilities and the client will have to reimburse the company for any costs it incurs as a result of such failure on the part of the client.

12. In the very rare event of over-booking by an hotel/villa/yacht of which the company is not aware before the client departs, the client will be offered alternative accommodation/yacht on arrival, which accommodation/yacht will be of a comparable standard if available. If the location and/or facilities of the alternative accommodation/yacht can reasonably be considered inferior to that originally booked, the company will compensate the client by paying him the difference in price (if any) between the two properties/yachts plus compensation of up to 5% of the original holiday price.

13. The company makes every effort to ensure that all yachts, resorts, villas, hotels and pensions offered on its web site and in any current printed material are described as accurately as possible. However, changes can occur and the company reserves the right to make such changes, in which case the client will be informed before his booking is confirmed.

14. The air holidays and flights in this brochure are ATOL protected since we hold an Air Travel Organiser's Licence granted by the Civil Aviation Authority.  Our ATOL Number is 5550.  In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking.  For further information, visit the ATOL web site at www.atol.org.uk.  The ATOL licence does not cover clients making their own way to the yacht and/or resort. 

15. For flotilla or any other bookings on our own yachts, in cases where the skipper does not have a formal skippering qualification, but does have equivalent experience, we can only accept the booking on the basis that the skipper is declaring him or herself competent to the minimum standard required, and effectively self certifying.  Completion of the relevant experience section on the booking and confirming the booking is deemed to be acceptance of this fact by person who will take responsibility as the skipper of the yacht, even if another party member actually completes the booking. This condition is only included in recognition of the fact that even though a skippers licence is asked for in most countries where we charter, no minimum mandatory government skippering licence exists in the UK, Ireland or a number of other countries in which our clients normally reside.  Our recommendation is always for the skipper to obtain some form of basic skippers licence in advance, and an ICC is often the easiest course of action.

16. All yachts are fully insured, including full third party insurance.  For some bookings a non refundable security deposit insurance is included in the onsite charges to cover any insurance excess, while for others there will be a refundable Security Deposit Insurance that must be paid to the local supplier when you take over the yacht. In the case of the latter, this will be refunded in full on returning the yacht and all of her equipment in an undamaged state to the supplier at the end of the charter

17. All yachts are offered for charter under the following conditions

a)  the person identified as skipper on the booking form,  has sufficient experience to handle the size of yacht in question.  At least one other person must be experienced enough to act as crew.
b)  the skipper undertakes to follow all operating and service instructions for the yacht, both from any onboard handbook and as advised at check in.
c)  the skipper undertakes to advise the supplier as soon as possible of any failure to the yacht, her engine or equipment.
d)  the skipper undertakes not to take the yacht to any area where specific instructions state that the yacht should not be brought.  The above in particular relates, but is not limited, to certain known hazards and low bridges under which larger yachts cannot safely pass.
e)  the skipper undertakes not to accept a tow without agreeing a towing fee.  Any skipper agreeing to tow another boat must only do so either as a matter of safety, or as agreed by the company or the onsite operator of the yacht, and agrees not to attempt to make any subsequent salvage claim against the towed yacht. 

18. For bookings relating to yachts from local suppliers where we are making it clear that we are acting as an agent, (even if the yacht will be accompanying a flotilla) to satisfy their requirements it may be necessary to request that in addition to our booking requirements, that a charter contract and crew list from that company are also filled in.  These may incorporate legal requirements for yacht charter in the country where you are chartering. Where possible this will be done at the time of completing our booking, but in any event, it is a condition of the booking that those forms will be completed and returned to us without undue delay.  We cannot be held responsible for any forms not returned or incorrect information provided. 

19. For Learn to Sail Holidays, the issuing of certificates is solely at the discretion of the instructor and in all situations and cases the decision of the professional skipper(s) is final.

20. Should your yacht break down so that you cannot use it for any period of more than 24hours, unless the problem occurred through your act, omission or negligence, the payment for this period will be refunded.  Any refund will be worked out on a pro rata basis of the yacht cost portion of the holiday only, and will not include any portion for flights, transfers, accommodation or any other holiday element. A substitute yacht, if offered, must be accepted.

21. We, or our local suppliers reserve the right to either prevent a charterer from taking a yacht out to sea by themselves or to put one of our/their skippers aboard at the charterer’s expense in the eventuality that the charterer’s experience of skippering a yacht is not satisfactory or as stated on the booking form. 

22. All complaints must be made at the time of occurrence to the company's representative on site and to the supplier of the facility or service concerned to allow the company the opportunity to rectify the cause of the complaint, failing which the client's legal rights will be reduced or even extinguished. Any claims whatsoever against the company must be submitted in writing to the company in the UK within 28 days of the client's return.

23. This contract and any matters arising from it are governed by the law of England and Wales and are subject to the jurisdiction of the courts of England and Wales.

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