The following Booking Conditions form the basis of your contract with Independent Sailing Ltd, 105 Mount Pleasant Road, London, NW10 3EH. Please read them carefully as they set out our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these booking conditions and agree to them.
Except where otherwise stated, these booking conditions only apply to holiday arrangements which you book with, or through, us in the UK and which we agree to make, provide or perform (as applicable) as part of our contract with you. All references in these booking conditions to “holiday”, “booking”, “contract”, “package”, “tour” or “arrangements” mean such holiday arrangements unless otherwise stated. References to “departure” are to the start date of the arrangements.
In these booking conditions, “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them, as the context requires. “We”, “us” and “our” means Independent Sailing Ltd. “Principal” means the other party to the contract, where we are acting as agent the principal will be the supplier.
Please note that we act as agent only for the supplier concerned with whom you will have a contract. This means that you will not have a contract with us for any such arrangements and instead your contract will be between you and the relevant supplier. The relevant supplier’s terms and conditions will apply, copies of which are available on request. Please also note that if you subsequently book additional arrangements they will be treated as a separate booking. You will know in what capacity we are acting because your confirmation invoice will confirm this.
1. Making your booking
The first named person on the booking (“party leader”) must be authorised to make the booking on the basis of these booking conditions by all persons named on the booking and by their parent or guardian for all party members who are under 18 when the booking is made. By making a booking, the party leader confirms that he/she is so authorised. The party leader is responsible for making all payments due to us. The party leader must be at least 18 when the booking is made.
Subject to the availability of your chosen arrangements, we will confirm your holiday on behalf of the Principal concerned by issuing a confirmation invoice. This invoice will be sent to the party leader. Please check this invoice carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies (for which we are responsible) in any document within ten days of our sending it out. We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so.
If you wish to, you may contact us by email for any of the reasons mentioned in these booking conditions (for example, to request an amendment) providing you do so to YachtCharter@independentsailing.com.
In order to confirm your chosen holiday, a deposit must be paid at the time of booking. Full details of the applicable deposit will be given at the time of booking. In some cases, if you book within a certain number of weeks of departure or depending on the type of booking you make, you may have to pay the full cost of the holiday at the time of booking. In the case of RYA training bookings a deposit of £250 per person is required to secure your booking, this includes £230 for the theory course which is available to you immediately and is non-refundable.
The balance of the holiday cost must be received by us by the date stated on your confirmation invoice, this is usually not less than 10 weeks prior to departure. Reminders may not be sent. If we do not receive all payments due (including any surcharge where applicable) in full and on time, the principal is entitled to assume that you wish to cancel your booking. In this case, the principal will be entitled to keep all deposits paid or due at that date. If the principal does not cancel straight away because you have promised to make payment, you must pay the cancellation charges as set out by the principal.
3. Your contract
A binding contract between you and the principal comes into existence when a confirmation invoice is dispatched to the party leader.
Your contract(s) with the principal will be subject to the law referred to in the principal’s booking conditions. Any dispute, claim or other matter which arises between you and any principal must also be dealt with in accordance with those booking conditions.
Where we act as agent our relationship is governed by English law and this will apply to any dispute, claim or other matter of any description which arises between us (“claim”.). We both also agree that any claim (and whether or not involving personal injury) must be dealt with by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).
4. The cost of your holiday
Please note, changes and errors occasionally occur. You must check the price of your chosen holiday at the time of booking.
The principal reserves the right to increase or decrease and to correct errors in both advertised and confirmed prices at any time before your holiday is confirmed. We will advise you of any error of which we are then aware and of the then applicable price at the time of booking.
The principal of your booking has the right to increase the cost of your holiday and pass on other charges to you subject to the principal’s booking conditions.
5. Sailing Experience/Qualifications
When making a booking the principal will require details of your previous sailing experience. It is a requirement of any booking that you provide accurate and complete information regarding your experience and sailing qualifications. Materially inaccurate or incorrect information may result in the cancellation of your cruise in whole or in part (in which case the principal’s cancellation charges will apply) and/or the need for the principal to provide a member of staff as skipper, the cost of which will be borne by you.
It is a legal requirement that all yachts must have two adults over eighteen years of age aboard the yacht whilst at sea and all persons aboard whilst at sea must be named on the ship’s papers. The principal will reserve the right to put you ashore if you are not so noted.
The minimum qualification required for bareboat/independent chartering is a valid ICC or RYA Day Skipper Practical qualification, for sailing in Croatia a VHF license is also required. Theory certificates are not sufficient on their own.
For sailing in Greece, the skipper of your party will be required by the local Greek authorities to sign declarations allowing your yacht to leave port. This document is in Greek, an English translation can be supplied on request, and you should satisfy yourself that you understand the content and nature of the document you are signing.
6. Special requests and medical conditions / disabilities / reduced mobility
If you have any special request, you must advise us at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant principal, we regret we cannot guarantee any request will be met unless we have specifically confirmed it. Failure to meet any special request will not be a breach of contract on our part. Confirmation that a special request has been noted or passed on to the supplier or principal or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. For your own protection, you should obtain confirmation in writing that a special request will be complied (where it is possible to give this) where it is important to you. Special requirements we have accepted will be specifically confirmed on your confirmation invoice.
Sailing can be hard and requires a reasonable level of physical and mental strength. You will be expected to be able to participate in all aspects of sailing a yacht, and should be physically and mentally able to do so. If you suffer from any medical condition, disability or reduced mobility which may affect your holiday or have any special requirements as a result (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. In any event, you must give us full details in writing at the time of booking and whenever any change in your condition, disability or mobility occurs. You must also promptly advise us if any medical condition, disability or reduced mobility which may affect your holiday develops after your booking has been confirmed.
The holidays we sell may not be suitable for people with certain disabilities, medical conditions or significantly reduced mobility. Before you make your booking, we will advise you as to whether the proposed holiday arrangements are generally suitable for someone with reduced mobility. However, reduced mobility of course means different things to different individuals as we fully appreciate that individual capabilities, restrictions and requirements are likely to vary considerably. When we refer to reduced mobility, this means any material reduction in mobility whether this is permanent or temporary and whether caused by age or by physical or mental disability or impairment or other cause of disability.
7. Changes by you
Should you wish to make any changes to your confirmed holiday, you must notify us in writing as soon as possible. Whilst we will endeavour to assist, no guarantee can be given to meet any such requests. Where they can be met, an amendment fee as notified at the time will be payable together with any costs incurred or imposed by any of the suppliers. A change of holiday dates will normally be treated as a cancellation of the original booking and rebooking in which case cancellation charges will apply. Changes may result in the recalculation of the holiday price where, for example, the basis on which the price of the original holiday was calculated has changed.
You may be able to transfer your booking or your place on the booking to someone else (introduced by you) without payment of cancellation charges providing the request for the transfer is made in writing. Please refer to the principal’s booking conditions in this regard.
If for any reason you have to leave your boat during your holiday, the principal will reserve the right to make a charge for repositioning your boat to a safe port.
8. Cancellation by you
You may cancel your confirmed booking at any time before departure. You may also be able to transfer your booking or your place on the booking as referred to above. Should you need to cancel your holiday once it has been confirmed, the party leader must immediately advise us in writing. Your notice of cancellation will only be effective when it is received in writing by us at our offices (which may be by e-mail providing this is sent to YachtCharter@independentsailing.com. If you do cancel, the applicable cancellation charges will be those imposed by the principal of your confirmed arrangements. Please see the principal’s own booking conditions or ask at the time of booking for further details. Please note – amendment charges are not refundable in the event of the person(s) to whom they apply cancelling.
It is a condition that you obtain suitable travel insurance for the entirety of your holiday, from a reputable provider, which must at least include the following cover: –
• Emergency medical expenses including, without limitation, ambulance and hospital charges and repatriation to the UK (by air ambulance if necessary)
• Cancellation of your trip or curtailment / cutting short your trip due to circumstances outside your control
• Personal liability to cover, without limitation, damage to the property in which you are staying or your yacht caused by your negligence (which must include cover for the contractual liability of the party leader for the actions of his party)
• Travel and transfer delays which must include cover for additional costs incurred in the event of a delay.
The policy must cover the activities you are likely to undertake including, in particular, sailing in European waters.
Note:- There are of course other sections to a travel insurance policy such as baggage, legal expenses, personal accident and so on.
Failure to obtain suitable travel insurance will result in you personally being responsible for paying all costs, expenses and liabilities which would normally be covered by insurance.
Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs.
10. Changes and cancellation by the principal
Except as set out in Section B below, clause 28, if there is a change to or cancellation of your holiday we will pass on the new details to you together with any compensation that the principal of your affected arrangements may offer. As agent only for the principal we cannot accept any liability for any changes or cancellations made to your booking.
11. Unavoidable and extraordinary circumstances
Except where otherwise expressly stated in these booking conditions, we regret neither we nor the principal can accept liability or pay any compensation where the performance or prompt performance of any obligations under the contract(s) with you is prevented or affected by or you otherwise suffer any damage, loss or expense of any nature as a result of unavoidable and extraordinary circumstances. In these booking conditions, unavoidable and extraordinary circumstances means a situation which is beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such situations are likely to include (whether actual or threatened) war, riot, civil strife, terrorist activity, industrial dispute, natural disaster, exceptional weather conditions, fire, flood, an outbreak of a serious illness at your holiday destination, closure, restriction or congestion of airports, other transport hubs or airspace, flight restrictions imposed by any regulatory authority or other third party and volcanic activity.
12. Our Liability to you
(1) Please note, this clause 12 applies to all bookings made with or through us.
(2) We act only as an agent for the principal of your confirmed arrangements. Your contract for your confirmed arrangements is directly with the principal concerned. We accept no liability in relation to the arrangements themselves or for the acts or omissions of the principal concerned. The terms and conditions of the principal of your confirmed arrangements will apply to your contract (copy available on request).
(3) However, if we are found to have been at fault on any basis in relation to any service we provide as agent for the principal concerned (as opposed to any service provided by the principal), our maximum liability is limited to twice the cost of the booking in question. We do not exclude or limit any liability for death or personal injury which arises as a result of our negligence or that of our employees whilst acting in the course of their employment.
13. Complaints and problems
In the unlikely event that you have any reason to complain or may have a basis for making a claim in respect of any aspect of your holiday arrangements whilst away, you must follow the principal’s complaints procedure.
Please note that if you fail to follow the principal’s complaints procedure, they are unlikely to be in a position to properly investigate the matter and may have been deprived of the opportunity to remedy it during your holiday. Your right to claim any compensation you may otherwise have been entitled to may be affected or even lost as a result.
14. Security Deposits, Smoking, Alcohol, Behaviour and damage
For all charters a security deposit or a yacht security waiver will be required. You will be advised of the deposit amount and time for payment at the time of booking.
When you book with or through us, you accept responsibility for any damage or loss caused by you except where a yacht security waiver has been paid. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the principal or to the accommodation owner or manager or other supplier as soon as possible. We reserve the right to deduct any sum(s) owing in whole or in part from your security deposit where applicable. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against the principal or us and all costs incurred by the principal or us (including full legal costs for all parties) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises.
Should a client be responsible for damage to or loss of any item of the shore based accommodation inventory during their occupation of the holiday accommodation, a charge will be made locally to cover the cost of replacement or repair. Please make this known to your Resort Representative prior to your departure.
This will enable the principal to put things right for the new arrivals. Where any breakages have occurred and payment is due the representative will issue an official company receipt specifying details on the amount paid.
We expect all clients to have consideration for other people, themselves and any property including the yachts. You are not permitted to smoke below decks on any of the yachts and not above deck on our Share a Yacht or Luxury Share a Yacht Holidays. If in the reasonable opinion of the principal or in the reasonable opinion of any other person in authority, you behave in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, including as a result of excessive alcohol consumption, the person in authority is entitled, without prior notice, to terminate the holiday of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the yacht or other service. In all cases the principal and any suppliers concerned will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we and the principal will not pay any expenses or costs incurred as a result of the termination.
15. Conditions of suppliers
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable international conventions. Copies of the relevant parts of these terms and conditions and of the international conventions are available on request from ourselves or the principal/supplier concerned.
16. Excursions, activities and general area information
We or the principal may provide you with information (before departure and/or when you are on holiday) about activities and excursions which are available in the area you are visiting. Neither we nor the principal have any involvement in any such activities or excursions which are not run, supervised, controlled or endorsed in any way by us or the principal. They are provided by local operators or other third parties who are entirely independent. They do not form any part of your contract with us or the principal even where particular operators/other third parties are suggested and/or you are assisted in booking such activities or excursions in any way. No liability on any basis in relation to such activities or excursions is accepted.Neither we nor the principal can guarantee accuracy at all times of information given in relation to such activities or excursions or about the area you are visiting generally or that any particular excursion or activity which does not form part of the contract(s) will take place as these services are not under our/the principal’s control. If you feel that any of the activities or excursions referred to in any promotional material which are not part of the contract(s) are vital to the enjoyment of your holiday, write to us immediately and we will tell you the latest known situation. If we or the principal becomes aware of any material alterations to area information and/or such outside activities or excursions which can reasonably be expected to affect your decision to book a holiday with or through us, we will pass on this information at the time of booking.
17. Passports, visas and health requirements
Currently (January 2022) for stays in Greece of up to 3 months in duration a passport with a minimum validity of 3 months from the start of your holiday is required for EU nationals. If you are a British citizen with a British passport you should ensure that your passport has a minimum validity period of 3 months from the start of your holiday. If you renewed your passport before it expired, any unexpired time which is added to your new passport is unlikely to count towards the minimum 3 month validity period. British Citizens do not presently require a visa for Greece. You must check entry and other official requirements for all countries to or through which you are travelling as well as any requirements applicable on your return to your home country, at the time of booking and in good time before and close to departure. Requirements are likely to change and travel restrictions may be imposed (which could be at no or very short notice prior to departure) as a result of the coronavirus situation. You must also keep up to date with this information while you are away.
A full British passport would usually take approximately 3 to 6 weeks to obtain but it can take much longer. If any member of your party (who is a British citizen) is 16 or over and hasn’t got or previously held a British passport, even more time needs to be allowed as the UK Passport Service has to confirm your identity before issuing your first passport. If any person on the booking is not a British citizen or holds a non-British passport, you must check the applicable passport and visa requirements with the embassy or consulate of the country(ies) to or through which you are intending to travel. Please ensure that you check the latest position on applying for or renewing a passport at the earliest opportunity.
There are presently no compulsory health requirements for visiting Greece. It is your responsibility to ensure you are aware of all recommended vaccinations, health precautions and other health related measures (including those introduced to deal with coronavirus) in good time before departure. Details are available from your GP surgery and from the National Travel Health Network and Centre http://travelhealthpro.org.uk. Information on health abroad is also available on www.nhs.uk/Live-well/healthy-body/before-you-travel. You should obtain an EHIC (European Health Insurance Card) or GHIC (UK Global Health Insurance Card) prior to departure if applicable. An EHIC or GHIC is not a substitute for travel insurance. Vaccination and other health requirements/recommendations are subject to change at any time for any destination, including at short or no notice. Please therefore check with a doctor or travel clinic or other reliable source of information not less than six weeks prior to departure and also closer to departure to ensure that you have met the necessary requirements and have the latest information. In certain situations and when arriving from certain countries, you may be required to self-isolate or quarantine for a set period on arrival.
It is the party leader’s responsibility to ensure that all members of the party are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret neither we nor the principal can accept any liability if you are refused entry onto any transport or into any country due to failure on your part to obtain and carry all required documentation or to otherwise comply with all applicable requirements (including health/coronavirus related ones). If failure to have any necessary travel or other documents results in fines, surcharges, other financial penalty, costs or expenses being imposed on or incurred by us or the principal, you will be responsible for reimbursing us/the principal accordingly. If you are unable to travel as a result of failure or inability to comply with any health related or other requirements, cancellation charges will apply.
18. Foreign Office Advice
The UK Foreign, Commonwealth and Development Office publishes regularly updated travel information on its website www.gov.uk/foreign-travel-advice and https://travelaware.campaign.gov.uk which you are strongly recommended to consult before booking and in good time before departure.
19. Brochure / website / advertising material accuracy
The information contained in any promotional material is believed correct to the best of our knowledge at the time of printing or publication. However, errors may occasionally occur and information may subsequently change. You must therefore ensure you check all details of your chosen holiday (including the price) with us or the principal at the time of booking.
We occasionally use photographs taken during holidays in promotional material for the marketing of our holidays. No client appearing in such photographs will be named. We prefer to use photographs of real people enjoying themselves rather than contrived or posed shots. If you object to your image appearing in any such photograph please let us know before or during your holiday. Photos sent to us for competitions or to illustrate your holiday are submitted on the basis that you grant us the right to use them to promote our holidays unless you advise us otherwise at the time you send them to us or in any event before they are used.
20. Safety standards
Please note, it is the requirements and standards of the country in which any services which make up your holiday are provided which apply to those services and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may sometimes be lower.
21. Assistance while you are away
In the event you end up in difficulty (of any sort) during your holiday, we will provide you with appropriate assistance as soon as reasonably possible including by the provision of appropriate information on health services, local authorities and consular assistance and by assisting you to make distance communications and to find alternative travel arrangements as may be applicable. Where you are in difficulty as a result of your negligence, we may charge you a reasonable fee for this assistance which will not exceed the costs we actually incur.
22. Financial protection
None of your money will be used for anything other than your holiday Independent Sailing Ltd does not have direct access to your money Your money is separated from all other bookings that money will remain in trust unless: a. You require a refund or reimbursement b. It is protected by insurance that covers the insolvency of Independent Sailing Ltd.
1. Access to and use of any information on this website is conditional on your acceptance of these website use conditions without modification. Please read them carefully. We recommend you print out and keep a copy of them for your future reference. If you do not wish to accept any part of them, you must not use our website. All bookings of holiday arrangements are also subject to our Holiday Booking Conditions shown in the Booking Conditions section of this website. Again, we recommend you print out and keep a copy of these for your future reference.
2. In these Conditions, “you” and “your” means any and all persons using this website. In these conditions, “We”, “us” and “our” means Independent Sailing Ltd.
3. Nothing on this website constitutes an offer on our part. The matters detailed constitute an invitation to you to make an offer to us on the stated terms to purchase arrangements we feature. We may accept or decline any such offer. All arrangements featured or referred to are at all times prior to specific confirmation subject to availability and no warranties, promises or representations are given as to availability.
4. As a condition of your use of this website, you warrant to us that you will not use it or any material or information on it for any purpose that is unlawful or prohibited by these Conditions. You warrant that you are at least 18 years old and have the legal authority to use this website in accordance with these Conditions. You agree to be financially responsible for all charges, fees and other sums of whatever nature which arise out of your use of this website.
5. This website is for your personal and non-commercial use. No part of this website may be reproduced in any form without our prior consent, other than temporarily in the course of using our service or to keep a record of a transaction entered into using our service. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, sell or in any other way use any material, information, products or services contained or featured on this website. The copyright in the material contained on this site belongs to us or its licensors.
6. We are an English registered Company. Our business and the services we offer are governed by the applicable laws of England and Wales. No warranties and/or representations of any kind, express or implied, are given as to the compliance of the information shown on this website, the services offered by or on behalf of us, any information relating to such services and/or our business in any respect with any laws of any other country. Such laws do not, in any event, affect or apply to the same.
7.Access to this website is conditional on your agreement that all information contained in it and all matters which arise between you and us will be governed by English law. Access is further conditional on your agreement that any dispute or matter which arises between you and us will be dealt with by the Courts of England and Wales only to the exclusion of the Courts of any other country.
8. We accept responsibility for any holiday arrangements booked with us in accordance with our then current, applicable Booking Conditions from the time a binding legal contract between us comes into existence. We cannot, however, accept any other liability whatsoever.
9. Except as set out in clause 8 of these Conditions above, no warranties, promises and/or representations of any kind, express or implied, are given as to the accuracy or completeness of any of the material or information contained on this website or as to the nature, standard, suitability or otherwise of any services offered by us or on our behalf. We shall not be liable for any loss or damage or other sum or claim of any nature whatsoever (direct, indirect, consequential or other) which arises, directly or indirectly, in connection with this website including, for the avoidance of doubt and not by way of limitation, any use of any information or material contained in this website or any inability to access or use (or delay in doing so) this website.
10. All exclusions of liability apply only to the extent permitted by law and where consistent with clause 8 of these Conditions.
11. If any exclusion(s) or limitation(s) contained in these Conditions is found, in whole or part, to be unlawful, void or for any other reason unenforceable for any purpose(s), that exclusion(s) or limitation(s) or the part(s) in question shall be deemed severable and omitted from these Conditions for that purpose / those purposes. Such omission shall not affect the validity, effectiveness or enforceability of the other provisions of these Conditions.
12. Without prejudice to the foregoing provisions, we are entitled to the benefit of any applicable exclusions and/or limitations of liability permitted by the laws of any country found to be applicable to the information shown on this web site and/or any services offered by us or on our behalf.
13. The information contained on this website may contain technical inaccuracies and typographical and other errors. The information on these pages may be updated from time to time and may at times be out of date. We have the right to change the prices of the holiday l arrangements featured or mentioned on this website at any time without prior notice. If any price is obviously incorrect, we will not be bound by it. We accept no responsibility for keeping the information on these pages up to date or liability for failure to do so. You must ensure you check all details of the chosen holiday or travel arrangements (including the price) with us by telephone or other approved means at the time of booking.
14. This website may contain links to other websites. Except where they belong to us, such other websites are not under our control or maintained by us. We are not responsible for the content of such websites. We provide these links for your convenience only but do not monitor or endorse the material on them. We cannot accept any liability whatsoever and howsoever arising in relation to any such other websites (including, for the avoidance of doubt and not by way of limitation, any inability to access or delay in accessing any such other website) or in relation to any material or information appearing on them or which you may otherwise come across after leaving our site by way of a hypertext link or any other means.
15. We make no warranty that this website (or any websites that are linked to this website) is free from technical errors, computer viruses or any other malicious or impairing computer programs.