Sail-Italy Booking Conditions

1. Your contract

Your contract is with Sail-Italy Ltd. When making your booking you guarantee that you have the authority to and you do accept on behalf of your party the terms of these booking conditions. A contract exists as soon as we issue our confirmation invoice or as soon as you confirm that you wish to take a yacht at a price that has been specified. You should check the details of your confirmation carefully to ensure that it accurately reflects the booking you have requested and immediately inform us of any discrepancies. This contract is made on the terms of these booking conditions which are governed by English Law and we both agree to submit to the jurisdiction of the English Courts at all times.

2. Your Holiday Price

The price plus several important requirements for of your holiday are set out in the website on the "boats and prices" page, which you must read thoroughly.  When you have decided that you wish to make a reservation, you must pay a deposit of 50% of the total cost of the holiday in order to secure the booking. The balance of the price of your holiday must be paid at least 40 days before your departure date. If the balance is not paid in time, we may cancel your travel arrangements and retain your deposit. All payments must be made exclusively to Sail-Italy.

Once you have booked, the agreed price of your holiday is fully guaranteed by Sail-Italy and will not be subjected to any surcharge. This does not apply to invoice errors.

3. If You Change Your Booking

If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date or yacht, we will do our utmost to make these changes, but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking. You will be asked to pay an administration charge of €20 per person plus any further cost we incur in making this alteration. Should you request a major alteration within 60 days of departure date (such as a change of date or base) then this may be treated as a cancellation and re-booking.   

4. If You Cancel Your Holiday

You or any member of your party may cancel your travel arrangements at any time. Written notification from the person who made the booking on your behalf must be received at our offices. Cancellation will be effective on the date which it is received by Sail-Italy.

Note: If the reasons for your cancellation are covered under the terms of your insurance policy, you may be able to reclaim these charges.

Cancellation charges are payable as follows:

If you fail to pay the final payment on the due date, your holiday is cancelled and you are liable to forfeit your payment.

5. If We Change or Cancel Your Holiday
The arrangements for holidays are made many months in advance and it is sometimes inevitable that changes may become necessary. We reserve the right to make such changes should they become necessary.

Most of these changes will be minor and we will advise you of them at the earliest possible date.  

If it is necessary to cancel your holiday arrangements, we will pay you compensation as set out in this clause.

Force Majeure: This means that we will not pay you compensation if we have to cancel or change your travel arrangements in any way because of war, riot, industrial dispute, terrorist activity, natural or nuclear disaster, fire, flood, adverse weather conditions or other unforeseen circumstances that may amount to force majeure.

If we make a major change to your holiday, we will inform as soon as reasonably possible if there is time before your departure. You will have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements from us if available, or canceling your booked holiday and receiving a full refund of all monies paid. In all cases, except where the major change arises due to reasons of force majeure, we will pay compensation as detailed below:

6. Holiday Termination
We reserve the right in our absolute discretion to terminate without further notice the holiday arrangements of any client who refuses to comply with the instructions or orders of the company staff, agent or other responsible person whose behaviour in their opinions is likely to cause distress, damage , danger or annoyance to other customers, staff, any third party or to property. Upon such termination our responsibility for your holiday ceases and we shall not be liable for any extra costs incurred by you.

7. If you have a complaint
If you have a problem during your holiday, please inform a relevant member of Sail-Italy staff immediately, who will endeavour to put things right. If your complaint is not resolved locally, please follow this up within 28 days of our return home by writing to our customer Services Department at Sail-Italy (service@sail.italy.com), giving your booking reference and all other relevant information. It is strongly suggested that you communicate any problem to base staff without delay and complete a report. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were on holiday and this may affect your rights under this agreement.

8. Our Liability to You
We accept full responsibility as follows for the acts and/or omissions of our employees, agents, sub-contractors and suppliers. If you or any member of your party suffer death, bodily injury or illness arising from the negligent acts and or negligent omissions of our employees, agents, suppliers and sub-contractors we will accept responsibility provided they are acting within the scope of or in the course of their employment. 

Sail-Italy accepts no responsibility for the acts or omissions of its clients whether negligent or otherwise and shall not be held liable for any claims made against them (or as a result of their actions) either by other clients of Sail-Italy or third parties. Sail-Italy does not accept liability for losses that were actually unforeseeable to those involved at the time of booking, losses that were not caused by any breach on the part of Sail-Italy or its supplier and any business losses or similar to the client as a result of unforeseeable circumstances.

9. Personal Injury unconnected with your booked Travel Arrangements
If you, or any member of your party, suffer death, illness or injury whilst overseas arising out of an activity which does not form part of your package travel arrangements or an excursion arranged through us, we shall at our discretion, offer advice, guidance and assistance. Where legal action is contemplated and you want our assistance, you must obtain our written consent prior to commencement of proceedings. Our consent will be given subject to you undertaking to assign any costs and benefits received under any relevant insurance policy to ourselves. We limit the cost of our assistance to you or any member of your party to €500.

10. Equipment and yacht insurance cover

Our equipment and yachts are comprehensively insured. Our policy provides full cover for the equipment and yachts and no less than £500,000 third party cover for the skipper and crew. The Company cannot be held responsible for any loss which you may suffer as a result of the insurers failing to indemnify any risk through you providing incorrect or incomplete information of previous sailing experience.

A refundable security deposit must be paid prior to entering your yacht to cover damage to the charter yachts, loss of equipment or late return. The amount is determined by the size of yacht. A refundable deposit may be required for outboards and windsurfers, which will be forfeited in the case of loss or damage to this equipment. 

Whether or not such damage or loss is caused as a result of willful damage by a client, a client under the influence of alcohol or drugs, or as a result of not obeying the company staff’s instructions, he or she will be liable for the full amount of repair or replacement. Adults will at all times be responsible for minors in their charge.

11. Restrictions
Sail-Italy and its staff are responsible for the safe conduct of your holiday and may vary the itinerary to that end. They alone shall decide whether or not conditions are safe to use a craft, and a passage shall be made whether it is under power or under sail. It is not permitted for any Sail-Italy yacht to do night sailing or partake in any third party race without the written approval from Sail-Italy.

12. What if my yacht is not available?
Should your yacht not be available when you arrive through no fault of the Company (e.g., having been damaged by a previous client) the Company may substitute another yacht if necessary of a different type but of similar or larger dimensions . If a yacht is not available then accommodation will be provided for you free of charge, either on board another yacht in harbour, or in a hotel, each of the Company’s choice while repairs are carried out or an alternative yacht is provided. Should this happen the cost of accommodation in the hotel or yacht will be paid by Sail-Italy.

13. Late return of yacht
You must make every effort to return the yacht by the time required, since somebody else's holiday depends on you. If you are late returning you must pay a penalty equal to your security deposit plus a fee equal to the daily rate (20% of full weekly rate). 

14. Availability/Booking system accuracy
The information on the system and in the website is gathered prior to publication. Every care is taken to ensure that this information is still correct at the time of appearing on the system but it has to be remembered that facilities may be withdrawn from the Company and holiday particulars altered as a result. These circumstances are regrettably beyond our control and we are unable to accept liability.

We will endeavour to advise enquirers of amendments which the company regard as significant. The Company shall be entitled to make any modifications it feels appropriate to the yachts and conditions of sale at any time, without prior notice.

Our sales team are often asked for information not contained in the system. Whilst every effort is made to ensure that all information given is correct, the Company cannot however be held responsible if this should prove inaccurate, unless requested and answered in writing.

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