The Sailing Adventure in the Balearic Islands

Sailing Adventures Ltd. Intershore Chambers, Road Town, Tortola, British Virgin Islands BVI Corporation # 2091034 +1 268 719 0725 info@thesailingadventure.com   All offers are subject to the terms and conditions of Sail Adventures Ltd. booking policy. Terms and conditions stated on this document are subject to change. Please consult your Sail Adventures Ltd. sales consultant to receive the most current update of all terms, conditions and prices. Local taxes and fees may apply. All prices were deemed accurate at time of publishing and may be subject to change. All offers are based upon availability at the time of booking. TERMS & CONDITIONS – 1. These Terms & Conditions contain the entire agreement between Sail Adventures Ltd. (SA) and the individual(s) intending to charter the vessel (“Charterer”), (collectively “the parties”), for a cabin charter from SA with respect to the rights and responsibilities of all parties. Notwithstanding the above, the parties, the Vessel, the period and the price are stipulated in the invoice provided separately. By paying the deposit on the proposed charter, Charterer agrees to the conditions contained herein. 2. All reference to “Charterer” shall include all passengers, including minors, who shall accompany the individual entering into this agreement. The number of passengers shall be provided prior to booking, and a full Passenger List shall be provided at Embarkation (see Section 4 below).   3. Payment schedules (if applicable) 1. Initial Deposit: 50% of the charter fee, which confirms booking 2. Remaining 50% of the charter fee is required 5 days before embarkation. Charterer shall be permitted to board and embark on the scheduled charter only under the following conditions:Full payment of any balance due from Charterer; and Completed Passenger List details with name, emergency contact, passport number, visa, vaccination status and Date of Birth of all passengers.   4. The Charter – What to Expect. 4.1. The bathroom is composed of a sink, a shower, with mixer hot and cold water, mechanical or electric toilet. Check with your booking agent regarding the availability of air conditioning on your vessel. 4.2. The allocation of accommodations is done in order of booking, unless specific request is made at time of booking and that cabin is available at that time. Any specific cabin requests shall be made in writing to SA and SA has sole and absolute discretion to honour any such request. 4.3a The charter fee includes licensed captain, crew, full board, linens, soft drinks, towels, food, cleaning of common areas only, cruising taxes, and all expenses related to the running of the vessel including the use of sports equipment on board except as noted below. 4.3b The Charter Fee includes marina and berth fees for all passengers for the first and last days only. Marina stops outside this are the responsibility of the passengers onboard and shall be agreed to in writing by all passengers onboard. 4.4.  The day of departure and return are included in the duration of the trip provided in the quote by SA. The first and last days of the charter are typically shorter than a full day and no refunds will be provided. 4.5. The charter fee does not include the rental of sports equipment not inventoried by the vessel, off-vessel excursions or meals and drinks, access to WIFI or phone services, nor does it include optional crew gratuities. 4.6. The Vessel does not provide games, media or other entertainment devices. 4.7. If the Vessel has air conditioning installed, the standard hours of operation for air conditioning aboard our worldwide cabin cruise program is from 8 am to 10 pm local time. Air conditioning is not operated outside of these hours as standard to keep generator and associated noise to a minimum. The Generator and Air Conditioning can be run outside of these hours only with the written consent of all passengers on board. By agreeing to the use of Air Conditioning outside of these hours you are waiving all rights to any claim as a result of noise on board associated with the air conditioning and generator during the night. 4.8. The Shipowner cannot guarantee the comfort of the Passengers in case of bad weather conditions, the Captain may have to modify the circuit in order to avoid as much as possible sailing in notorious discomfort conditions.   5. Add-On Options. 5.1. Bar and beverage inclusions and exclusions vary by destination. Please confirm the terms with SA prior to Embarkation. 5.2. Excursion packages are available in some destinations for an additional fee. 5.3. Charterers airport transfers may incur additional fees and will vary by destination. Contact SA for more information.   6. Warranties and Procedures of SA  6.1.  SA represents, warrants, and covenants that, at Embarkation, the Vessel will comply with all applicable laws and regulations of the Vessel’s flag state and any country within the Cruising Area, including, without limitation, any laws and regulations governing charters and any documentation, registration, or customs laws or regulations, such that the Vessel may lawfully be used by the Charterer as provided hereunder. SA agrees to deliver to Charterer a boat in good working order. 6.2. SA reserves the right, in its sole and absolute discretion, to assign a different Vessel for the Charter of similar size and comfort, with the same or similar amenities and services. 6.3. Should any excursions or other add-on services offered by SA be unavailable at the time of the Charter, SA will endeavour to provide replacement excursions or other add-on services up to the standards of the Charterer for no extra cost to the Charterer. Should SA be unable to provide replacement services up to the Charterer’s standards, SA shall refund the Charterer the full value of the excursions or other add-on services. This provision does not include the unavailability of the charter itself, which is addressed below.   7. Responsibilities of Charterer  7.1.  At check-in and prior to signing the Safety briefing check, Charterer will check that accommodation and equipment is in good working order and up to minimum standards. At this time, Charterer can note with SA anything it believes contrary or below the standards as set forth in the invoice. Acceptance by Charterer certifies that the obligations of SA for Embarkation have been fulfilled. 7.2. Baggage is limited to bags or suitcases that can be stowed in the cabins. No additional storage space is offered. 7.3. Charterer is solely responsible for all personal items, tangible and intangible, brought on board the Vessel. Charterer must be very vigilant with electronic devices, telephone, camera, computer, in particular, provide waterproof covers when they board a Vessel. SA advises against bringing valuables or large sums of cash and declines any responsibility in case of theft, damage or loss. 7.4.  Charterer agrees to be responsible for all crew and passengers on under their reservation as the party lead on board and binds crew and passengers to the terms provided herein. If children are taken on board, the Charterer shall be fully responsible for their safety, conduct and entertainment and no member of the crew shall be held responsible for their safety or entertainment. 7.5.  Charterer shall inform SA at least two weeks prior to Embarkation of any food allergies or dietary requirements and SA will do its best to accommodate the request. 7. 6.  The Charterer agrees to prohibit the use or possession of any drugs or illegal substances on board the Vessel by any members of his party and will be fully responsible for any loss or damage to the vessel due to any violation of Customs or applicable Drug Acts. If such substances are used by or found in possession of guests, the Captain will put the guests ashore at the next port of call without refund of any charter fees. 7.7. Charterer agrees to carry only up to the number of passengers required by security rules of the boat. 7. 8. Any likeness or image of you or your party aboard your chartered Vessel secured during your charter may be used by SA without charge in all media for bona fide promotional or marketing purposes, including without limitation promotional materials of any kind, such as brochures, slides, video shows, advertisements and the internet. 7.9 The nature of a yacht charter may render it unsuitable for anybody with physical disability or undergoing medical treatment. By signature of this Agreement the CHARTERER warrants the medical fitness of all members of the CHARTERER’s party for the voyage contemplated by this Agreement.  7.10 Under no circumstances shall any passenger jump or be thrown overboard while vessel is in motion or underway, this will result in termination of the charter and prosecution may follow. 7.11 The charterer is responsible to repair and pay for any and all damages caused to the vessel or equipment beyond reasonable wear due to extreme negligence or intentional damage caused or indirectly cause by actions of charterer. 7.12 Any problems arising regarding intoxication or disorderly behaviour during the charter may result in the charter being terminated. 7 .13 It is a maritime offence to tamper with any lifesaving apparatus onboard including but not limited to lifejackets, lifeboats, lifebuoys, flares and signalling devices, gps and navigation equipment. This may result in prosecution. 7.14 Theft of any sort on the Vessel will not be tolerated in which case the relevant authorities will be called to board the vessel. 7.15 Discrimination, aggression, fighting, assault or abusive behaviour of any sort between passengers will not be tolerated and it is at Captains discretion to put any parties involved to shore at the nearest port of call with no refund of any charter fees. Any expenses incurred from these actions shall not be the responsibility of SA and the sole responsibility of Charterer.   8. Rights and Responsibilities of Captain and Crew.  8.1.  The Captain has the final authority to determine whether any guests above the number of guests previously identified should be permitted on board for any length of time. 8.2. Without prejudice to any other remedy of SA, if, in the reasonable opinion of the Captain, the Charterer or any of his Guests fail to observe any of the provisions contained herein and if such failure continues after the Captain has given due and specific warning to the Charterer in respect of the same, the Captain shall inform the SA and SA may terminate the Charter forthwith or instruct the Captain to return the Yacht to the Port of Re-Delivery and upon such return the Charter Period shall be terminated. The Charterer and his guests shall disembark and the Charterer shall not be entitled to be refunded any of the Charter Fee. 8.3. With particular regard to the use of watersports equipment available on the Vessel, the Captain shall have the authority to exclude the Charterer or any or all of his Guests from use of any particular watersports equipment if, in his reasonable opinion, they are not competent, are unsafe, are behaving in an irresponsible manner, or are failing to show due concern for other persons when operating this equipment. 8.4. The Captain will refuse to ship Passengers who do not comply with the regulations of the countries concerned, persons whose disability was not reported at the time of booking, or any Passenger refusing to sign the safety instructions. 8.5. The Captain will disembark any Passenger whose behaviour could endanger or seriously inconvenience other Passengers, crew members or the ship or whose state of health would appear to be incompatible with the cruise. The fact of not having detected a possible incompatibility of health does not imply recognition of its acceptance. 8.6. SA shall provide insurance to cover the chartered boat against loss or damage to the hull, machinery, gear and equipment of the yacht, liabilities to third parties for loss or damage to any other vessel or property whatsoever, loss of life or personal injury. Personal belongings are not covered by the insurance above contract. Additional information is available upon request. 8.7. Charterers are encouraged to obtain trip insurance to cover any losses you may sustain if you must cancel your charter prior to your departure or to cover losses not otherwise covered by the above insurance.   9. Contract Cancellation. 9.1. If Charterer cancels the contract more than 60 days prior to original Embarkation date, Charterer will be fully refunded the total charter fee. The remainder of the deposit will be returned within 30 days of notice of cancellation. 9.2. If Charterer cancels between 59 to 30 days before the original Embarkation date, Charterer will lose 5% of the total charter fee. The remainder of the deposit will be returned within 30 days of notice of cancellation. 9.3. If Charterer cancels with notice less than 30 days before original Embarkation date, Charterer will lose 15% of the total charter fee. 9.4. If Charterer has already paid for add-on options, SA will reimburse Charterer for these expenses. 9. 5.  If Charterer is not present at the time of Embarkation, even if the no-show is caused by flight or other transfer delays, this will be treated as a cancellation of reservation and Charterer will lose its entire charter fee. If the Charterer is delayed due to a SA – organized airport transfer, this provision is waived and SA will make all available efforts to get Charterer on board the Vessel in a timely manner. 9. 6.  Charterer has the option to purchase travel insurance to cover any losses Charterer may sustain if the charter is cancelled prior to your departure.   10. Force Majeure. 10.1. SA shall not be liable for any loss, damages or delay or failure in performance hereunder resulting from any force majeure event, including but not limited to acts of God, fire, action of the elements, epidemics, war (declared or undeclared), warlike actions, insurrection, revolution or civil strife, piracy, civil war or hostile action, strikes or differences with workmen, acts of the public enemy, federal or state laws, rules and regulations of any governmental authorities having or asserting jurisdiction in the premises or of any other group, organisation or informal association (whether or not formally recognised as a government), and any other cause beyond the reasonable control of SA which makes continuance of operations impossible. 10.2. In the event of a delay or failure of performance based upon an event described above: All payments made towards the charter shall be used as a credit for a future charter. No refunds will be provided.SA will work with Charterer to book a new charter on a different Vessel agreeable to Charterer, at a new location, or on new dates, or both, based upon availability and the Charterer’s preference. If the parties cannot book a new charter at that time, Charterer’s deposit will remain as a credit with SA and will never expire. 10.3. SA will not be responsible for additional costs incurred by Charterer as a result of changes to their charter due to a force majeure event.   11. Additional Delays  11.1. If on departure date, the hired boat or equivalent is not available for reason other than a force majeure event, Charterer has the right to the following options, if possible: When available, delay the departure date and maintain charter duration;Maintain charter end date in invoice and Charterer will be refunded for time the Vessel was unavailable on a prorated basis of charter fee. 11.2. If delay exceeds one quarter of the charter time, Charterer may cancel the agreement with SA and be refund for charter fee. 11.3. Charterer waives any and all claims, damages, debts, liabilities, demands, costs, expenses, interest, suits and/or attorneys’ fees as s result of a delay in the charter. 11.4. Any interrupted or shortened charter, any service not used by Charterer, for any reason, is not refundable.   12. Governing Laws   12.1. Governing Laws: Any legal action arising under or in connection with this contract will be adjudicated in British Virgin Islands. 12.2. Severability. If any provision contained in these Terms & Conditions shall be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision. This Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained in this   13. Agreement  13.1. Headings. Descriptive headings are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement.   14. Covid-19 and Health 14.1 Health Guidelines: SA operates within the current guidelines set by the Ministry of Health. our vessels are cleaned and sanitized, we provide hand washing stations and sanitizer on board for guests. Social distancing, face masks & other measures may be required onboard depending on the Alert level status & Ministry of Health Guidelines in place at the time. 14.2 Lockdowns In event of local lockdowns guests will be returned to the departure point and any remaining charter days unused will be refunded or held in credit. Or suitable alternative arrangements or destinations will be made.