BOOKING TERMS & CONDITIONS
The following terms and conditions are entered into between you as the customer and YachtLegend. These terms and conditions provide the basis of the relationship between you and YachtLegend. By making a booking, you accept these terms and conditions.
1. INTERMEDIARY ROLE
YachtLegend always acts as an agent for the charter company(ies) abroad. For guests (crew members) on YachtLegend, this means that your contract is always entered into directly with the charter company and not with YachtLegend.
You acknowledge that as you are entering a bareboat charter agreement directly with the charter company, YachtLegend makes no representation regarding the boat’s seaworthiness or the boat’s mechanical/electronics/safety/rescue gear and capability or the quality/availability of the navigation/mechanical/swimming/medical knowledge available on board.
In paying the first down payment, you are deemed to have read and accepted the following terms and conditions. Bookings on charter yachts are subject to the standard terms of the charter company with whom we have booked your yacht charter holiday. The details of yacht charters will be published on the website (www.yachtlegend.com) and on your login page at least 30 (thirty) days prior to the commencement of the charter.
When making your booking, you guarantee that you have the authority to do so and you accept the booking terms and conditions on behalf of your yacht charter party. 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. In the event of any significant changes to the prices, the trip itself, or any other arrangements, you will be informed at the time of the booking; you will be notified of any other changes as soon as possible prior to departure.
2. BOOKING PROCEDURE
To make a booking, you must complete the online form at www.yachtlegend.com. The form must be checked and submitted in order to receive confirmation of booking.
It is the customer’s obligation to check the dates of payment and ensure that their payments have been submitted in accordance with the payment plan. Any delays on the payments may result in cancellation of the booking and payments will not be refunded. Delayed payments may be accepted only if the customer requests an extension to the payment date and receives an approval in writing.
Once you have paid the first payment, the booking will be confirmed and fixed. If you cancel the booking, you will only be refunded if YachtLegend rebooks the boat with another customer. If you do not make the first payment within 7 (seven) days, the booking will be cancelled and open for bookings by other customers.
YachtLegend will receive the gross amount of money from the customers, and YachtLegend will remunerate the charter company, minus the commission.
a. METHODS OF PAYMENTS
All pricing is in Euros. The first payment of 50% (fifty per cent) must be completed via PayPal or bank wire transfer within the first 7 (seven) days from the time the booking is made. The second payment of 50% must be completed via PayPal or bank wire transfer by the subsequent May 1. If preferred, customers may settle the total in one payment instead of two. YachtLegend accepts a maximum of two payments per yacht (no bill-splitting).
The booking will automatically lapse if payment is not received in time. If the payment dates are not adhered to, YachtLegend reserves the right to cancel the booking without refund.
4. CHANGES OF PERSONS ON THE TRIP
If an individual who has booked a holiday with YachtLegend is prevented from travelling, YachtLegend will agree to the booking being transferred to another individual who satisfies all the conditions of the holiday (including gender ratio requirements, if any), subject to both persons accepting joint and severable liability for full payment of the holiday price and YachtLegend for confirming the transfer and any additional costs which arise from the transfer. For such transfers, YachtLegend must be given at least 14 (fourteen) days written notice prior to the trip departure date.
5. YACHT DETAILS
All the yacht specifications, product data, and measurements are approximate and are provided on the YachtLegend website. The pictures are for general information purposes only. Discrepancies can be possible between the yacht shown on the website and your allocated yacht, although this is not expected. The online content does not represent or warrant the full inventory of the yacht; it is just presented for an overview list. The identity of the charter company will be disclosed to you when you receive your confirmation of booking email.
6. BOOKING A YACHT WITHOUT A SKIPPER
YachtLegend does not allow skippering your own yacht.
7. BOOKING A YACHT WITH A SKIPPER
We will attempt to allocate all yachts with a skipper. In the event that we have an excessive demand of skippers, exceeding our ability to recruit them, we reserve the right to make appropriate cancellations where necessary.
8. PASSPORTS AND VISAS
You are responsible for ensuring that you possess all the necessary documentation including passports and visas for your holiday. For all destinations, you should consult the appropriate consulate. All travelers must have a valid passport for international travel. Many countries require passports to be valid for 6 (six) months beyond your stay. Visas & entry permits are required for many countries. Passports, visas, and re-entry permits are the responsibility and cost of you, the charterer and traveler. Please check with your consulate. For health enquiries you should contact your Travelers Medical / Vaccination Center or see your doctor. We recommend that you check travel advisory information on your destinations.
YachtLegend shall commence at 14:00 on Saturday and end at 09:00 the following Saturday. The charter company requests that the timing details are understood and adhered to. If the customer returns the yacht later than agreed, a penalty charge shall be requested and the customer will be liable for all recovery costs.
10. SECURITY DEPOSIT
A security deposit is required from all customers to cover the risk of damage to the yacht, loss of equipment, or late return. The amount varies according to the charter company, the location and the size of the yacht. In case of personal negligence and/or loss of one or more items of equipment, the customer shall bear all costs, not the skipper.
There are two ways to settle the security deposit: PayPal or bank wire transfer. In both cases, the charge is made as a normal charge and is refunded (in whole or in part) at the end of the week.
YachtLegend acts as an agent for the yachting charter company and therefore does not provide flight inclusive packages. It is your own responsibility to book and commit to the flights. We are not liable for any incidents which may occur that can interfere with your booking with YachtLegend, and will not refund the booking monies for any missed/cancelled flight. Any arrangements or compensation in the event of a delay or cancellation will be at the sole discretion of the airline you booked with.
12. AT THE SITE
The customer will sign a bareboat yacht charter agreement to hire the yacht with the charter company on arrival at the destination. This agreement will be entered into before the yacht departs from the marina and will be entered into directly between the customer and the charter company.
13. BEHAVIOR AND WAIVER OF LIABILITY
The customer shall acknowledge and accept the customer waiver that will be given and signed on site. If the charterer misbehaves or fails to comply with the local laws and rules, the charter company and/or YachtLegend will have the right to ask the charterer to leave the flotilla, without any reimbursement to the customer.
14. CANCELLATION POLICIES
a. CANCELLATION OR VARIATION BY YACHTLEGEND
As the advertising information is necessarily prepared in advance, some conditions may be subject to alteration. Changes may be made before you make a booking. YachtLegend reserves the right to make those changes should they become necessary to the implementation of the holiday. In these circumstances, we will notify you of such changes prior to confirming your booking.
If major changes that might affect the overall standard of your holiday are made after your booking, you will be notified as soon as is reasonably possible in order to allow you to take the appropriate action, in particular to withdraw from the booking, without penalty or to accept an alternative booking. You are to inform us of your decision immediately.
We guarantee that up to and until 30 (thirty) days before your departure date, the price of your holiday will not be subject to surcharges except for:
i. variations in transportation costs, including the cost of fuel; ii. variations in dues, taxes, or fees chargeable for services such as embarkation or disembarkation fees at ports, and that within 30 days of your departure date, the price of your holidays will not be subject to any surcharges.
We reserve the right to cancel your holiday in any circumstances. If we cancel your holiday, you can either have a refund or accept a replacement holiday from us of equivalent or similar standard and price, if one is available. We will always refund the difference in price if the replacement holiday is of a lower standard and price.
The compensation by the company for the non-performance of the contract will not operate where;
b. CANCELLATION BY THE CUSTOMER
If you, as the customer, withdraws or cancels the booking with YachtLegend due to reasons which are your fault or willful decision, you must notify us immediately in writing. Cancellation will be effective on the date at which YachtLegend receives the cancellation. If you have notified us by email, please follow up to check that the email has been received and acknowledged.
You will only be refunded the money for a cancelled booking if YachtLegend can find another customer who wishes to book the yacht. Cancellations made less than 30 (thirty) days prior to the charter date will not be refunded.
Cancelled bookings with YachtLegend can incur further charges imposed by the charter agencies abroad. Therefore, we shall be entitled to retain as much of the deposit or other payment as is needed to cover the reasonable costs and losses caused by the withdrawal. YachtLegend will take all reasonable steps to keep its costs and losses to a minimum.
If you wish to make changes to the booking after confirmation, we will do everything possible to comply with them. As an agent, we may need to charge additional costs for which you will be responsible.
c. BAREBOAT AGREEMENT WITH THE CHARTER COMPANY
Please refer to your agreement with the specific charter company for the terms and conditions of your charter. This contract will be received at the site of departure. We recommend that you contact the charter company prior to your trip and request to view their terms and conditions. You will normally be granted free use of the bareboat yacht after you have signed the Take-Over form with the charter company. You have the right to inspect the bareboat yacht, her gear and inventory and to ensure that all items are present and in good working condition. On signing the Take-Over form you accept the yacht and thereafter it is your full responsibility, and you will have no 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.
Such acceptance does not imply that you assume responsibility for any failure, damage, loss or expense due to normal wear and tear, or defects, which are agreed and noted on the Take-Over Form.
If you make a late return of the yacht at the end of the charter, you will be liable to pay a penalty charge, and you will be liable for all recovery costs.
The cruising area from each base may be restricted. The base manager will inform you 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 each crewmember. No pets are permitted on board unless otherwise stipulated.
15. INSURANCE / LIABILITY:
All yachts are covered by hull insurance, depending on the value of the yacht. Dinghies are not usually covered by the insurance. All charter companies do their utmost to ensure that the yacht is handed over in a swift and timely manner. You should take your time to familiarize yourself with the yacht.
Yachts are placed at your disposal by their owners for your sailing holiday. Responsibility for completing the trip is exclusively yours. During the preparation of your charter, you must take into consideration the weather conditions, as well as the experience of the crew.
In the absence of YachtLegend’s breach of booking contract, this holiday is at the customer’s own risk. You will be responsible for all claims, liabilities, damages, costs, and expenses suffered or incurred by YachtLegend as a result of your breach or default in the discharge of your obligations.
16. TRAVEL INSURANCE
It is a fundamental requirement of YachtLegend that everyone participating has a personal travel insurance policy. It is your responsibility to buy personal travel insurance. It should cover activities such as sailing. By booking, you agree that all members of your party will have comprehensive travel insurance for the duration of your trip.
We are not qualified to express an opinion confirming that you are fit to sail. You must not sail if you are suffering any serious medical condition or have undergone surgery unless you have a medical certificate proving your fitness to sail. You must not sail if you are under the influence of alcohol or drugs.
17. LAWS OF THE COUNTRY WHERE YOU OR YOUR CHARTER YACHT IS LOCATED
No one in your party should commit an act contrary to the laws of the country where your yacht charter is located. You and/or your party will carry full responsibility and answer to the appropriate authorities.
18. YACHT CHARTER COMPLAINT PROCEDURE
We aim to provide you with the best yacht charter holiday possible, but if a problem occurs you must report it to YachtLegend as soon as possible, or to the charter operator manager or captain who will try to resolve it on the spot. If you fail to follow this simple procedure, YachtLegend and/or the charter company 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.
These terms and conditions shall be governed by and construed in accordance with the laws of the country in which the agent has its principle place of business, (Spain) and any dispute arising out of or in connection with these terms and conditions shall be referred to arbitration in Spain.