(1) The contract for the charter of the yacht (“the charter contract”) is made with its Owner (“the Owner”).

(2) The person making the booking is designated as party leader (“the party leader”) and warrants that he/she is authorised to complete the booking form for and on behalf of the individuals therein named referred to hereafter collectively with the party leader as (“the party”)

2. FORMATION OF CONTRACTS

(1) The charter contract for the yacht (“the yacht”) between the Owner and the party shall be formed upon the owner receiving from the party a properly completed booking form.

(2) The terms of the charter are set forth in these booking terms. No other terms shall apply to the charter contract unless agreed in writing between the Owner and the party.

3. LIABILITY TO THE OWNER

(1) Notwithstanding anything else contained in this agreement, neither the Owner or its agents shall be liable to the party whether in contract or tort or otherwise arising (i) for any indirect, incidental, special or consequential loss or damage in connection with or arising out of the charter of the yacht or any related matters of (ii) for any failure on the part of the Owner or its agents to perform any of the obligations either express or implied. Where performance is prevented or impeded by circumstances beyond their reasonable control (“force majeure”) including without limitation storms, earthquakes, acts of government or of officials (whether lawful or otherwise), industrial disputes, mechanical breakdowns, wars or civil disorder.

(2) If as a result of force majeure, it becomes necessary in the owners reasonable opinion for the Owner to cancel a charter, refunds will be made subject to the deduction of all the reasonable expenses of the Owner. No other recompense will be made.

(3) The Owner may at any time on reasonable grounds (e.g. unavailability of yacht) alter the timings of commencement or termination of a charter or make available a different vessel. In these circumstances refunds of up to 95% of the price of the charter contract will be made at the reasonable discretion of the owners.

(4) The Owner is not an agent for airlines, restaurants, villas, airports or onward transfer arrangements or any other services, unless expressly stated in writing. The Owner is not liable therefore for any loss, damage, injury, delays or inconvenience incurred or suffered by the party in relation to the foregoing.

(5) The parties shall be responsible for the safety and security of all items of personal property brought on board the Yacht. It shall be the party’s obligation to ensure that such items of personal property are adequately covered by insurance against all the usual risk.

(6) All written material provided for the party has been prepared with care and the Owner shall not be liable for errors or omissions in such material where these were made in good faith and have resulted from changes in circumstances between the date on which such materials were prepared and the commencement of the charter.

4. INSURANCES

All members of the party must take out appropriate holiday insurance
Details of the party’s travel insurance must be sent to the owner no later than 6 (six) weeks before the start of the charter.

5. PAYMENTS

A non refundable deposit of 30% of the total price of the charter is payable by the party on submission of the booking form, the balance of the price of the charter is payable not later than 6 weeks before the start of the charter. The Owner reserves the right to cancel the booking without notice to the party if the balance is not received by the due date.

If the charter is booked within six weeks of departure the whole of the charter costs are payable

6. CANCELLATION OR VARIATION BY THE PARTY

In the event of any cancellation being necessary the Owner must be notified immediately by the party leader. If a cancellation is received more than 6 weeks before the charter start date then the party will forfeit the charter deposit. If a cancellation is received within 6 weeks of the start date the party will forfeit the total charter fees due and all optional extras payments due.

If one person cancels he/she will not be refunded his/her share if the other members of the party continue with the charter. Claims may be made under your travel insurance if the cancellation falls within the terms of the insurance.

If the party wish to make changes to the charter booking after confirmation has been received, we will do all we can to make the necessary arrangements. However we reserve the right to make reasonable charges and pass on any extra expenses incurred due to the effect of these changes.

7. CANCELLATION OR VARIATION BY THE OWNER

We will take reasonable steps to provide contracted facilities but if circumstances arise and an acceptable alternative cannot be provided the Owner may find it necessary to cancel the charter before departure. In this case the Owner will return in full all monies paid by the party to the Owner. The Owner will then be under no further obligation or liability.

8. PROHIBITED ACTIVITIES (Turkey)

(1) No person shall be permitted to travel aboard the yacht other than members of the party names in the Turkish Transit log.
WARNING: TURKISH LAW PROHIBITS CREW AND PASSENGERS EXCEEDING NUMBER OF BERTHS AVAILABLE.

(2) No acts or omissions shall be committed by the party on the yacht or in connection with its use which are illegal under any applicable law.
WARNING: BREACH OF TURKISH CUSTOM LAWS OR LAWS ON EXPORT OF ARCHEOLOGICAL ARTIFACTS MAY LEAD TO IMPOUNDING OF THE YACHT AND CRIMINAL CHARGES.

(3) The yacht shall not be used in a manner which is dangerous or potentially dangerous or which causes distress or annoyance to any person or to their property.

9. COMPLAINTS

Any complaints that any member of the party has regarding the charter of the yacht must be made to the Owner in writing within 28 days.

10. HEALTH AND SAFETY

The party must promptly and fully comply with all instructions given by the Owner which, in his reasonable opinion, are given for protection of the health and safety of the party or the safety of the yacht.

Smoking is not permitted below decks at any time

11. TERMINATION

The Owner may with immediate effect terminate the charter contract if the party commits any material breach of the charter contract, including without limitation:
(a) if payment of the balance of the total price of the charter is not received
(b) if any of the prohibited activities described in clause 8 above, are committed

12. GOVERNING LAW

The interpretation of the charter contract shall be governed by the construed in accordance with English law and any dispute between the party and the Owner, relating thereto whether directly or indirectly shall be subject to the non-exclusive jurisdiction of the English courts.

14. As with other activity holidays sailing contains an element of risk, the skipper has primary responsibility for the safety of the crew and the Yacht at all times.