Global Yacht Racing Ltd Booking Conditions
GLOBAL YACHT RACING & GLOBAL YACHT TRAINING LTD BOOKING TERMS & CONDITIONS
Please note these T&Cs apply from 1st October 2020
- The Contract
This contract is made between Global Yacht Racing & Global Yacht Training (the Company) Registered in England, and any person(s) (the Client) booking with the Company 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.
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.
(i) In order to reserve a place, a non-refundable Advance payment of 20% 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.
(ii) Advance payments reflect the company’s expenses required to facilitate and carry out the agreement and as such are non-refundable
- Balance of Payment
On receipt of the booking form the Company will send the Client confirmation of booking. Full payment less any prepaid advance payment must reach the Company no later than 90 days prior to the start of the programme as decided by the Company. Should a booking be made less than 90 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 and apply the cancellation charges as stated below.
- Cancellation – 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:
(i) More than 90 days from the event start date: Loss of Advance Payment of 20% of programme fee
(ii) Less than 90 days from the event start date: Loss of 30% of remaining Balance of Payment (50% of Programme costs)
(iii) Less than 30 days from the event start date: Loss of 30% of remaining Balance of Payment (80% of programme costs)
(ii) In the event of cancellation by the client within 90 days of the programme start the company will endeavour to re-sell the booked event and if successful refund the Client the balance paid less 20% Advance payment.
As per our Terms and Conditions, it is a requirement that the client has insurance cover that includes cancellation cover.
5. Cancellation – By the Company
(i) The Company will not normally cancel, postpone or reschedule a programme less than 90 days prior to the start of the programme except for unusual or unforeseen circumstances beyond its control, actions of the race event organisers, Force Majeure, war or disease or Government advisories. In the event of cancellation by the company 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 will be given.
5.1 Cancellation – Other reasons
(i) In the event of a cancellation prior to the start of the Programme as a consequence of Force majeure, war, disease, actions of the Race Event organisers or Government advisories 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 refund may be given less the 20% Advance Payment.
(iii) In the event of cancellation, postponement, curtailment or changes to the advertised programme outside of the Companies control as a consequence of Force Majeure, war, disease or Government advisories or actions of the Programme or Event Organisers once the Programme has commenced, 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 Pro Rata refund may be given less the 20% Advance Payment.
(iv) In the event that changes to the advertised programme occur the Company reserves the right to make such changes as required. The Company will pay no compensation to the Client(s) where change or cancellation to the programme is due to Force Majeure, war, disease or Government advisories, 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.
- 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.
- 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 ensure all required safety and survey requirements are met but the Company will not be 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.
The Client agrees to accept the authority, decisions and instructions of the Company’s Skipper’s, employees, agents and representatives during the programme. 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.
- 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.
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.
- Safety & Conduct
Safety – Your skipper will give a comprehensive safety briefing before training begins. The Company is 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 – The Company 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.
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 Company 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 Company vessel.
Breakages and Loss – Resulting from negligence or wilful damage will be paid for by the culprits.
- Media releases and image rights waiver
Crew members and employees grant the Company 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 the Company and affiliated companies.