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TERMS AND CONDITIONS

Global Yacht Racing Ltd Booking Conditions

Please note the following Additions (see 12 below) to our existing Terms & Conditions – Applies to Bookings made from Monday 23rd March 2020 to December 31st 2020 inclusive.

1. The Contract
This contract is made between Global Yacht Racing (the Company) Registered in England, and any person(s) (the Client) booking with Global Yacht Racing to take part in any race, event, charter, training course or management-training event (the programme). All bookings are subject to these terms and conditions and it is agreed between the Client and the Company that any contracts will be construed in accordance with English Law
and the jurisdiction of English courts.
Information given by the Client via booking form or online or via a deposit forms the basis of a contract and the Client will be accepting the booking conditions for themselves and members of their party.
If any part of these booking conditions is found to be invalid or unenforceable then the remainder of these booking conditions will remain valid and enforceable.

2. Bookings
Bookings can be made in writing on the booking form and sent to Global Yacht Racing, Marina Walk, Cowes, Isle Of Wight PO31 7XJ. Bookings can also be made online and submitted via email or the Company’s website. In
order to reserve a place, a non-refundable deposit of 25% of the programme fee or full payment must accompany bookings where the event cost is less than £600. The Client who signed the booking form shall be liable for all those to whom the booking form applies and in respect of whom the Client was sent an invoice.

3. Balance of Payment
On receipt of the booking form the Company will send the Client confirmation of booking. Full payment less any prepaid deposit must reach the Company no later than 30 days prior to the start of the programme as decided by the Company. Should a booking be made less than 30 days prior to the advertised programme then full payment will be required at the time of booking. If full payment is not received by the due date, the Company reserves the right to cancel the booking without refund and apply the cancellation charges as stated below.
Payments
Payments can be made via bank transfer or credit/debit card.
We can also accept payments in Euros, USD and AUS $ via our Transfer Wise Account GLOBAL Yacht Racing.

4. Cancellation
(i) By the Client
Cancellation by the Client must be in writing and is effective upon receipt by the Company. In the event of cancellation by the Client the following charges shall apply:
More than 90 days from the event start date: Loss of deposit.
Less than 90 days from the event start date: Loss of 100% of payment.
As per our Terms and Conditions, it is a requirement that the client has insurance cover that includes cancellation cover.
(ii) By the Company
The Company will not normally cancel less than 90 days prior to the start of the programme except for unusual or unforeseen circumstances beyond its control. In the event of cancellation the Client may be given the choice of an alternate programme where possible. If the Client does not wish to choose an alternate programme then a full refund may be given.
In the unlikely event that changes to the advertised programme occur the Company reserves the right to make such changes as required. The Company reserves the right to substitute another vessel for the advertised one at its discretion or cancel the charter at any time, for any reason including weather conditions and non availability of vessel.
The Company will pay no compensation or refund to the Client(s) where change or cancellation to the programme is due to Force Majeure, loss, damage or incapacity of the vessel or actions of the race event organisers.
No liability is accepted by the Company for any costs or expenses incurred by the Client in the event of changes to the programme or cancellation by the Company.

5. The Clients obligations
(i) Details supplied on the booking form are accurate.
(ii) No expenses will be paid by the client on behalf of the company without prior consent
(iii) The Client is required as a booking condition to take out a personal travel insurance package that covers cancellation, injury and medical expenses. The policy must also include cover for sailing and racing offshore for the length of the programme. The Company will recommend an insurance broker but the Client reserves the right to choose their own and agrees to make the policy available to the Company on request.
(iv) The Client agrees to abide by the normal operating and safety procedures as laid down by any suppliers of accommodation in the UK or abroad and any yacht clubs or official bodies and charter companies that may be used or associated with as part of the package.

6. Limitation of liability
The Company will use insured vessels that are in required survey for the event they are entered into. Where such vessels are obtained by the Company as skippered or bareboat charters the Company will endeavour to
assure all required safety and survey requirements are met but will not be GLOBAL Yacht Racing.
held responsible for any defects or omissions by the vessels owner or managing agents.
The Company will accept liability for the negligence of its employees causing injury or death to the extent that it is obliged to under English law. The Company shall not be liable for any injury, death loss or damage caused by
other Clients, nor will it be responsible for any uninsured losses of the Client’s property, nor for any illness, injury or death sustained during the programme.
Clients agree if required to complete a release of liability form before embarking on a programme if required to by the Company or race organiser.

7. Authority
The Client agrees to accept the authority, decisions and instructions of the Company’s Skipper’s, employees, agents and representatives during the programme.
At all times the decision of the Skipper is final on all matters. Should the client interfere with the well being of the Skipper or other Clients during the Programme through difficult or disruptive behaviour, the Skipper has full
authority to dismiss the Agitator(s) from the programme or vessel. In such event there will be no recourse to any refund. The Skipper has full authority to decide when to sail or race, with regard to weather conditions and the well being of the crew, or to return to port after the commencement of a passage due to the above or defects to the yacht at any time at their discretion and their decision is final.

8. Age Limit
The minimum is 18 years at commencement of the programme unless pre arranged with the Company and the under eighteen year old is accompanied by a responsible party.

9. Health
Sailing can be a dangerous activity and requires an average level fitness and health. Where doubts exist as to the health of the Client they may be required to provide a medical certificate to the Company on request at any time.

10. Safety & Conduct

Safety – Your skipper will give a comprehensive safety briefing before training begins. Global Yacht Racing are dedicated to the safety of all crew and staff at all times. Therefore, as a client you will be expected to follow the safety procedures as outlined by the Skipper.

Conduct – Global Yacht Racing requires respectful conduct from its clients in relation to the use of services and goods provided by marinas, yacht charter companies, other organisations, and members of the public relating to its activities. As a GYR client you are representing GYR at all times and in all activities.

You should be aware of the safety and emergency procedures and general operating procedures of any organisations involved in the training and racing activities of Global Yacht Racing and adhere to them.

Alcohol – It is strictly prohibited to be under the influence of alcohol whilst engaged in any Global Yacht Racing activity. The skipper will ask you to leave the activity until you are fit to resume normal duties.

Prohibited substances – Any use or possession of banned substances will be dealt with by expulsion from the event and will be reported to the relevant authorities.

Smoking – Prohibited aboard any Global Yacht Racing vessel.

Breakages and Loss – Resulting from negligence or wilful damage will be paid for by the culprits.

11. Media releases and image rights waiver
Crew members and employees grant Global Yacht Racing and affiliated companies and organisations the absolute right and permission to use their name, voice, image, likeness, biographical material as well as representations of the yachts in any media (being television, print and internet media), including video footage, for the sole purposes of advertising, promotion, reporting and disseminating information regarding Global Yacht Racing and affiliated companies.

12. Annex to our Terms & Conditions – Applies to Bookings made from Monday 23rd March 2020 to December 31st 2020 inclusive.

At Global Yacht Racing we wish to provide certainty and confidence to our valued customers when they book future events. With this in mind we are adding to our existing Terms and Conditions and the following will apply to bookings** made with Global Yacht Racing from Monday 23rd March 2020 to December 31st 2020 inclusive*; **with the exception of bookings made for the Sydney Hobart Race 2020.

Deposit Payment:

An initial deposit of 20% of the full event price will be payable upon booking an event and will secure your crew place or whole boat charter from the date of payment clearing into the global yacht racing designated bank account.

In the event of the booked event being cancelled by either the event organisers, local Governments or Global Yacht Racing Limited or the booked client being unable to travel to the event due to government imposed travel restrictions, the initial deposit amount will be transferrable to another event, to be agreed with Global Yacht Racing Limited and subject to availability, which takes place within 12 months of the cancellation notification date.

Please note that this is a change from our existing policy of a 40% non-refundable deposit and is a short term change to Global Yacht Racings terms and conditions for the events booked between 23rd March 2020 and 31st December 2020.

Balance Payment:

The balance of the total event cost will be payable in two-staged payment consisting of the following:

  1. Interim Balance Payment: A payment of 20% of the event balance (total event cost minus initial deposit) is due 90 days before the advertised event start date on the Global Yacht racing website to include any pre event training days.
  2. Final Balance Payment: A payment of the outstanding balance due 30 days before the advertised event start date on the Global Yacht Racing website to include any pre event training days.

Should the booked event be cancelled after either of the balance payments have been made, by either the event organisers, Governments or Global Yacht Racing or the client being unable to travel to the event due to government imposed travel restrictions, the balance payment made to date (interim and/or final) amount will be transferrable to another event, to be agreed with Global Yacht Racing Limited and subject to availability, which takes place within 12 months of the cancellation notification date.

*This annex to our Terms & Conditions will be reviewed on the 1st January 2021 and may be updated or removed without notice.

 

Global Yacht Racing have always tried to be flexible to our client’s requirements and in these rapidly changing times we will try to continue to adapt and continue to provide high-class sailing opportunities to all, we recognise the importance of sport to all of us.