BOOKING TERMS
1. Contract
These are the Eden Yachting terms and conditions when booking a yacht charter with us. In paying your deposit you guarantee that you have the authority to do so and you accept on behalf of your yacht charter party the terms of these booking conditions and any other information in a brochure, or on this site, which form the contract between you and us. You will be responsible for the full cost of the charter, including any amendment or cancellation charges.
The details of the yacht charter will be sent to you with your confirmation invoice. You should check the details of your confirmation carefully to ensure that it accurately reflects the booking you have requested and immediately inform us of any discrepancies. If there are any significant changes to the price or any other arrangements you will be told at the time of booking; once you have booked, we will do our best to let you know of any changes before your charter takes place.
Yacht charter arrangements are made by Eden Yachting, acting as agents on behalf of charter yacht owners or operators, and all charters are based on the contract between you as the client and the operator in question . Please note that your actual charter contract and booking conditions may vary depending on the individual operator, location or charter yacht owner. If you have any further questions regarding the Eden Yachting Booking Conditions or the contract for your particular charter please contact us.
If any part of your charter booked by us is not as described, or is not of a reasonable standard, we will accept responsibility if this is due to a fault on our part. We do not accept responsibility for the acts and or omissions of our charter suppliers and operators. We do not accept responsibility if the fault is caused by you or any member of your party, a third party or an event which we could not with due care have foreseen or avoided.
2. Payments
A deposit of 50% of the charter cost is required to confirm a booking. This should be paid within 7 days of making the reservation. The balance must be paid 10 weeks prior to the date of embarkation except for day charter, where the balance is due 1 week prior to the charter 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 10 weeks prior to departure date (1 week for day charter), the full amount is payable on booking.
Payments for your yacht charter are accepted by bank transfer to our Euro, Sterling, Dollar or Dirham accounts. Personal cheques and bank drafts are acceptable but a booking will not be considered to be finalized until cleared funds have been received.
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 the charter 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.
Prices are exclusive of fuel, except for charters under 24 hrs on yachts less than 100ft, and end cleaning unless stated otherwise. We reserve the right to correct any pricing errors or omissions that may occur. We recommend that you book and pay in full as soon as possible to ensure the availability and pricing of any charter shown. Please note the payment due dates and ensure payments reach us in plenty of time. Your booking will automatically lapse if payment is not received.
3 Travel Insurance
It is strongly suggested that all members of your party have comprehensive travel insurance.
4. What if you cancel your booking?
If you cancel your charter the lead name on the booking must advise us in writing and the cancellation will be effective from the date this is received. If you have notified us by email please follow up to check that we have received it. Each Charter Operator will have their own cancellation policy and this will govern the law and cancellation process. In the case that a charter is cancelled, we as the agency reserved the right to retain our commissions which amounts to 20% of the charter price.
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. Insurance premiums are not refundable.
If you wish to make changes to the booking after confirmation, we will do all we can to make the necessary arrangements. Any changes to a booking once in place and once our invoice has been raised will qualify for a Euro 50 charge to cover administration expenses. A major alteration (eg. change of departure date) will be treated as a cancellation and re-booking.
For hourly and day charters we will apply the cancellation charges detailed below:
Within 10 days of charter date - 100% of charter fee
11 days to 30 days of the charter date - 50% of charter fee
31 days or over - 25% of charter fee
5. 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. Examples of minor change are change of yacht to another of similar or larger size with at least the same number of cabins. No compensation is payable for minor changes.
In the event of a Major Change we will do our utmost to offer you an acceptable alternative. If you do not accept the alternative we may have to cancel your holiday and you will receive a full and prompt refund of all money paid to us. In all cases our liability is limited to the amount of payment received by us and we cannot accept responsibility for any expenses you may incur.
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. 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.
We reserve the right in our absolute discretion to terminate without further notice the yacht charter vacation arrangements of any client who refuses to comply with the instructions or orders of the company staff, agent or other responsible person whose behavior in their opinions is likely to cause distress, damage, danger or annoyance to other customers, staff, any third party or to property. Upon such termination our responsibility for your vacation ceases and we shall not be liable for any extra costs incurred by you.
6. Chartering conditions
The yachts are offered for charter on condition that the person identified on the Booking Form as the skipper (for bareboat yachts only) meets the following conditions:
- Produces evidence of sufficient sailing experience to handle a yacht of the size and type chartered with the assistance of at least one other person as crew. Requirements vary, for example in Croatia a VHF license is required, and it is imperative that you check with us that the qualifications you hold are adequate. 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.
- Abides by the operating and servicing instructions relating to the engine and other mechanical and electrical systems onboard as advised on check-in.
- Informs the operator as soon as possible by telephone should the yacht suffer any failure or damage to the engine or gear.
- Does not accept a tow before agreeing a towing fee with the charter operator.
- Returns the yacht to the marina and vacates the yacht on the last day according to the terms of the charter contract. In the event of late return of the yacht at the end of the charter a penalty charge and all recovery costs will be payable by the charterer.
- Prior to commencement of the charter, signs an agreement for bareboat charter which may incorporate legal requirements for yacht charter in the country in which the yacht is being chartered
- Inspects the yacht and all equipment thoroughly at the start of the charter to ascertain it is in good working order and thereafter accepts full responsibility, and waives the right to claim for any loss of time or expense caused by any accident or breakdown or failure of any part of the bareboat yacht. 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 the yacht suffer any damage during the charter period so that it cannot be used for a period of more than 24 hours the payment for this period will be refunded unless such damage occurred through your act, omission or negligence.
- Accepts that the cruising area from each base may be restricted. The base manager will inform the skipper of any restrictions, and may further confine the cruising area of the bareboat yacht or place a competent crew on board if considered necessary for the safety of the yacht and its occupants. A daily charge will be made for the crew member. No pets are permitted on board unless otherwise stipulated.
- Neither the skipper nor the crew should commit an act contrary to the laws of the country. If any such act is committed, the agreement between us will automatically terminate, but without prejudice to our rights and those of the owner of the charter yacht. You and/or your party will carry full responsibility and answer to the appropriate Authorities.
- 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.
- The Captain has the final say on all decisions that may affect the safety of the yacht, passengers and crew.
- For Day/Hourly Charter all guests must carry ID with them.
- For Day/Hourly charter where fuel is included in the charter price the speed is limited to the most economical cruising speed as prescribed by the yacht manufacturer. If the guests wish to travel at top speed, there will be a fuel surcharge based on the current cost of fuel at the time of the charter and the fuel usage per hour of the yacht.
7. Complaints
We aim to provide you with the best yacht charter possible, however if you have a complaint during your holiday the matter must be raised with the local agent so that he has the opportunity to resolve it. If you fail to follow this simple procedure Eden Yachting and/or the charter operator will have been deprived of the opportunity to investigate and rectify your complaint whilst you were on your yacht charter vacation and this may affect your rights under this contract. 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. Unless the above procedure is followed correctly we are sorry but no claim can be considered.
If any part of your charter booked by us is not as described, or is not of a reasonable standard, we will accept responsibility if this is due to a fault on our part. We do not accept responsibility for the acts and or omissions of our, charter suppliers and operators. We do not accept responsibility if the fault is caused by you or any member of your party, a third party or an event which we could not with due care have foreseen or avoided.
