Solent Sail Ltd – Terms & Conditions
1. Contract
1.1 Your contract is with Solent Sail Ltd (registered in England, company no. 02798092 at 5 Hilltop Road, Kings Langley, Herts, WD4 8NS), ‘the company’.
2. Booking and deposits
2.1 Bookings can be made by telephone, post, email or by other electronic means. A contract is made when we accept your booking and send you our written confirmation and invoice. The company or its agents reserve the right to decline any booking at their discretion. All contracts and matters arising from them are subject to English Law and the exclusive jurisdiction of the English Courts. Bookings are provisional until the deposit is received by the company and may be released without notice if not confirmed within 7 working days.
5. Prices & surcharges
5.1 The company reserves the right to notify you of any increase in advertised prices before accepting a booking.
5.2 The price paid may be subject to surcharges in respect of taxes imposed by government or harbour authorities. If the price increase amounts to 10% or more of the total, you will be entitled to cancel within 14 days of notification of the surcharge and to receive a full refund.
6. Damage to the yacht or equipment
6.1 During a course or skippered charter, if the yacht or its equipment suffer loss or damage caused by your irresponsible actions or whilst you are under the influence of alcohol or drugs, or through your disobeying the instructions of the company’s staff, the cost of repair or reinstatement must be borne by you.
7. What is included
7.1 Hire of the boat or a berth therein for the duration of the charter, voyage or course, yacht insurance covering major damage to the yacht and loss of equipment, use of a life jacket & safety harness, use of life-raft if required.
7.3 In addition, courses and book-a-berth cruises include fuel and port dues, guidance and instruction from a professionally qualified skipper and food & drink provided on board (subject to a supplementary charge).
8. What is not included
8.1 Travel to & from the marina, parking at the marina, meals consumed away from the boat, any alcoholic drinks, personal insurance for cancellation & personal injury, incidental charges.
9. Age limit
9.1 The minimum age for sailing is normally 18 years or, at the discretion of the company 8, where accompanied by an adult over 21.
9.2 There is no maximum age, subject to health and fitness. This is confirmed in the on-line booking form.
10. Alterations and cancellation by you
10.1 If you wish to alter a booking at any point prior to departure, we will endeavour to make the necessary changes. We would aim to re-charter the yacht and if we were able to, would normally return your fee or part thereof covered by the new charter fee, less a nominal administration charge.
10.2 You may transfer your booking to another person by providing written instructions at least 28 days prior to departure and subject to payment of a £25 administration fee. The new charter client must be acceptable to the company and fulfil any conditions imposed by the company.
10.3 Cancellation of a booking must be notified to the company in writing or by email, the effective date being the date that this notification is received by the company. Cancellation charges are dependent on how far in advance of departure, notification is received and acre calculated as follows:
more than 6 weeks (42 days) – deposit only
30 to 42 days – 50% of the total
22 to 30 days – 75% of the total
less than 21 days – 100% (i.e. no refunds possible)
For this reason, you should consider arranging your own travel insurance to cover you should you need to cancel on medical reasons for example.
11. Alterations by us
11.1 The company reserves the right to change or cancel a charter/voyage/course at any time and for any reason save that no change or cancellation will be made within 30 days of departure except for force majeure, insufficient guests booked to provide an effective crew or circumstances beyond the company’s control.
11.2 If it is necessary for the company to cancel or change your booking, you would be given the choice of an alternative booking to a similar value or a full refund.
11.3 In circumstances where the point of departure has to be changed, the company will use its discretion to decide whether any compensation is offered for additional travel costs.
11.5 Note that any refunds will be limited to the cost of tuition or charter costs and will not cover your travel or other incidental costs. For this reason, you may wish to arrange your onw travel insurance to cover cancellations.
12. Insurance
12.1 Vessels are covered by comprehensive insurance policies with a minimum of £3,000,000 third party liability. Rigging and sails are only insured in the case of the loss of the mast. The insurance does not include cover for racing unless specifically requested and prior authority is obtained from the company.
12.4 The company will have no liability for death or personal injury suffered by the charter client or any member of his/her party save in the event that it is caused by the company’s wilful default.
13. Force Majeure
13.1 The company cannot accept any liability for matters outside its control which includes outbreaks of hostilities or war, civil commotion, riot or riotous assembly, strikes, hurricanes, storms, gales, lack of wind, fog, tempest and any ‘acts of God’. If any such event of force majeure occurs, the company will not be liable to pay any refund or compensation to you.
14. Limitation of liability
14.1 The company will accept liability for the negligence of its staff causing you injury or death only to the extent that it is obliged under English law. The company will not (subject to any statutory requirement to the contrary) be liable for any injury, death, loss or damage caused by other passengers or crew, nor will it be liable for any uninsured losses of your property or for any illness or death sustained during a charter/voyage/course.
14.2 The company accepts no responsibility for delays or costs that you might incur in travelling to the embarkation point. Should you arrive too late to join a voyage/course, the company will not be liable to make any refund to you or to pay costs associated with your joining the yacht at its next port of call.
15. Authority & participation
15.1 During a voyage or course you are a member of the yacht’s crew and you therefore agree to accept the authority, decisions and instructions of the company’s employees, skippers and agents. In particular, the decisions of a yacht’s skipper will be final on all matters and at all times whilst on board. You must adhere to all reasonable instructions issued to you by the skipper or included in the yacht’s instruction manual (the former having precedence over the latter in the event of a conflict).
15.2 Your duties may include being on watch at any time of the day or night, sail handling & trimming, basic and routine maintenance, helming, galley duties and cleaning both during the voyage/course and at the end.
15.3 If you commit an illegal act or disregard the customs of a country visited, you may at the skipper’s discretion be excluded from the yacht and the company will have no responsibility to you for the cost of repatriation.
15.4 If you interfere with the wellbeing of the crew through disruptive or difficult behaviour, the skipper has authority to dismiss you from the yacht and in such circumstances you will have no recourse to any refund.
15.5 If the skipper considers that the yacht should not sail at any time or should return to port or amend its sailing itinerary after departure due to adverse weather conditions, a defect in the yacht or its equipment or the indisposition of a crew member, the skipper’s decision will be final. In such circumstances you will have no recourse to any refund except at the company’s discretion.
16. Health & Travel
16.1 The nature of sailing is such that it can be dangerous and it requires an average level of fitness and good health. You are responsible for obtaining any medical advice as to your suitability to take part in any voyage or course and cancellation due to ill health is not the responsibility of the company. You should therefore take out your own travel & medical insurance.
16.3 The company will not be liable for any costs incurred due to the late return of a voyage or course.
18. The yachts
18.1 The specification of any yacht made available for charter may vary from that specified in the company’s promotional material except that the company will use its best endeavour to describe the yacht and its equipment accurately. If any particular equipment is specifically required, you should confirm its inclusion at the time of booking.
18.2 The company will provide a yacht in a good and seaworthy condition that complies with the provisions of the relevant code for commercially chartered yachts.
19. Equality
19.1 Solent Sail is committed to treating all employees and guests fairly and equally. We do not unlawfully discriminate on the basis of age*, disability*, gender reassignment, marriage or civil partnership, pregnancy* and maternity, race, nationality, ethnic origin, national origin**, religion or belief, sex or sexual orientation.
* Note that sailing is a physical activity and guests must be aware of their own limitations
** We reserve the right to discriminate against individuals of national origin that is subject to government sanctions or other restrictions
19.2 We oppose and avoid all forms of unlawful discrimination. This includes pay and benefits, terms and conditions of employment, dealing with grievances and discipline, dismissal, redundancy, leave for parents, requests for flexible working, selection for employment, promotion, training or other development opportunities.
19.3 We create an environment that is free of bullying, harassment, victimisation and unlawful discrimination; promoting dignity and respect for all guests and crew. We take complaints of this behaviour seriously, whether it is by or against crew, guests, suppliers, visitors or any member of the public.
20. Complaints & feedback
20.1 If you have a complaint against the company, you must first inform the skipper or any other representative of the company present or contactable during your charter/voyage/courses so that action can be taken to correct the problem if possible.
20.2 We welcome your feedback both positive and critical. If you would like to comment in confidence on any aspect of our service, yachts or staff, please send an email to: feedback@solentsail.co.uk or write to: The directors, Solent Sail Ltd, 5 Hilltop Road, Kings Langley, Herts, WD4 8NS as soon as possible after disembarking.