By providing your Booking Requirements (as defined below), you are deemed to have read, understood and accepted these Booking Terms, along with any other information supplied by us through our website. These Booking Terms, along with the Booking Confirmation (as defined in clause 1.7 of these Booking Terms) and any information made available by us through our website which is specifically referred to in these Booking Terms comprises the entire agreement between you, us and the owner of the yacht detailed in your Booking Confirmation (« Owner« ) in respect of the Booking and supersedes all prior agreements, representations and understandings of the parties, written or oral.
Orbismare does not provide travel insurance of any kind for your Booking. We advise you to take out travel insurance for your Booking with a reputable travel insurance provider.
There may be situations in which you are required to sign a separate yacht charter party agreement (« Charter Party Agreement« ) with the Owner and/or Captain and Crew (as defined below) of the yacht that you charter through us. Any such Charter Party Agreement will be in addition to these Booking Terms. We will notify you as soon as we are aware that you need to enter into a separate Charter Party Agreement.
- CONTRACT
- You can contact our customer experience agents by email or telephone, the contact details for which are contained on our website, and we recommend that you do this before you submit your Booking Requirements.
- You shall select the various aspects of your Booking via our website. These shall include:
- details of your choice of yacht (which must be appropriate for the number of Guests and the other Booking Requirements);
- intended destination(s);
- the dates of your intended departure and return (such dates and the interim period being referred to as the « Booking Period« );
- whether an on board crew will be provided to operate the yacht and, if so, the number and type of crew members (« Crew« ) (which may be mandated with your choice of yacht);
(together the « Booking Requirements« )
- By submitting Booking Requirements via our website you confirm that you have read, understood and accepted any visa or passport requirements for the country or countries that your Booking Requirements cover. You understand and accept that it is your responsibility to ensure that all Guests will be able to obtain, and will be in possession of, all necessary travel documents/visas and adequate travel insurance in advance of travel. Neither we nor the Owner accept any liability whatsoever in the event that you or any of your Guests is refused entry onto any transport or into any country due to failure on your/their part to carry correct documentation.
- Orbismare do not offer or supply travel insurance of any kind, and it is your sole responsibility to ensure that you and all Guests have taken out adequate travel insurance for your Booking, taking into account the potentially arduous nature of sailing a yacht in the area which you have chosen for you Booking. Neither Orbismare or the Owner accept any liability whatsoever in the event that you or any of the Guests sustain any loss or damage as a result of not having in place adequate travel insurance for your Booking.
- Once you have submitted your Booking Requirements via our website, we will send you a Booking Requirements receipt by email which will outline the Booking Requirements that you have submitted to us via our website and the Booking Price payable for the Booking. Please note that no contract is formed at this point and the Booking Requirements receipt merely acts as our confirmation that we have received your Booking Requirements.
- All booking requirements are instantly accepted by us. Following receipt of your Booking Requirements, we offer to you a free seven days booking requirements cancelation period with no cost at all. As soon as this period passes and your payment method is accepted. we will email you confirmation of our acceptance of your Booking Requirements (« Booking Confirmation« ).
- Following receipt of your Booking Requirements, in the event that the Owner and/or any other provider(s) of your additional requirements (if any) is unable to accept every aspect of your Booking Requirements, we will inform you promptly and will liaise with you to modify your Booking Requirements such that we can accept your Booking Requirements, following which we will email your Booking Confirmation, which will outline the updated Booking Price if applicable, as set out in clause 1.7.
- A binding contract between you, us and the Owner and, where applicable, you and the provider(s) of your additional requirements (collectively the “Booking”) is formed when we issue you a Booking Confirmation by email. This Booking Confirmation will act as the Owner’s and any other provider’s acceptance of your Booking Requirements.
- You will be able to cancel your Booking within seven (7) days of the Booking Confirmation, providing that your Booking Period is not due to begin within 45 days’ of the Booking Confirmation. Notwithstanding the provisions of clause 1.12 below, in the event that you choose to exercise this right of cancellation, no fees will be payable by you.
- IN THE EVENT THAT OUR BOOKING CONFIRMATION DOES NOT PRECISELY REFLECT YOUR BOOKING REQUIREMENTS, IT IS YOUR RESPONSIBILITY TO CANCEL YOUR BOOKING REQUIREMENT AS SOON AS POSSIBLE, BUT IN ANY EVENT NOT LESS THAN SEVEN DAYS FROM THE BOOKING REQUIREMENTS EMAIL RECEIPT. INCREDIBLUE, THE OWNER AND ANY OTHER PROVIDER ACCEPT NO LIABILITY FOR ANYTHING THAT MAY HAVE BEEN DISCUSSED WITH OUR CUSTOMER EXPERIENCE AGENTS PRIOR TO YOU SUBMITTING YOUR BOOKING REQUIREMENTS UNLESS IT IS INCLUDED IN OUR BOOKING CONFIRMATION.
- At the time of submitting your Booking Requirements, you will be required to provide details of your preferred payment method (debit or credit card) in accordance with clause 6 below. No charge will be made to your preferred payment method at this time, unless your Booking Period is due to begin within 45 days’ of the Booking Confirmation, in which case the full Booking Price will be payable by you immediately on Booking Confirmation in accordance with clause 6 below. If you do not cancel your Booking within seven (7) days of the Booking Confirmation, in accordance with clause 1.10 above, the deposit or relevant amount of the Booking Price which is payable by you in accordance with clause 6.2 below, will be taken from your account. We will however verify your payment account details, as supplied when submitting your Booking Requirements, by charging either a $0 or $1 authorization to your account. We will automatically void this verification transaction, once we have confirmed that the account details you have supplied to us relate to an active account in your name. Visa and MasterCard payment methods allow $0 authorizations. Some payment types (such as Discover Card) don’t consistently support $0 authorizations, as such, we only attempt authorizations in these payment methods with $1 authorizations. In the event that a $1 authorization is required, and returns a successful result, we immediately void such $1 authorization request, to ensure that the transaction will disappear from your account statement as soon as possible.
- Please note that Orbismare does not arrange any flights or other travel arrangements not specifically outlined in these Booking Terms or on our website. We advise you not to book your flights or other travel arrangements until you receive Booking Confirmation.
- INFORMATION
- We make every effort to ensure that the information on our website is as accurate as possible and not misleading in any way, however details of yachts may be subject to change.
- All yachts advertised on our website belong to independent professional yacht owners, yacht agents or yacht charter companies.
- Yachts may from time to time vary from the website pictures of such yacht. Any pictures of yachts displayed on our website are for illustrative purposes only and are not meant to be taken by you as a description of the yacht which you will use for your Booking. We advertise yachts of a certain class on the website. When you request a yacht of a certain class, we will check with various yacht owners to see which yachts of this class are available in the area you have selected for your Booking and at the time your have requested for your Booking. Therefore the yacht which you have for your Booking may be different to the one displayed through the pictures on the website. The decor inside and out may have changed since the photographs displayed on the website were taken. There may be occasions when an advertised yacht is either modified or not available at the time of receipt of your Booking Requirements or subsequently before the start of your trip. Such situations may be dictated by local circumstances, necessity for maintenance, unsuitable weather conditions, and other circumstances beyond the control of Orbismare and the Owner, and neither Orbismare nor the Owner can accept any liability in such circumstances, however we will use our best endeavours to procure a suitable replacement yacht for your Booking in the event that your chosen yacht is unavailable for any reason.
- We reserve the right to make changes to our website and any information contained on our website at any time and it is your responsibility to ensure that you are aware of and accept the information on our website at the time of submitting your Booking Requirements and check again before the start of your trip to ensure that nothing related to travel information regarding visa, passport or health requirements for the countries relevant to your Booking has changed.
- The information contained in the ‘destination guides’ on our website, and otherwise on our website describing points of interests nearby your departure base, or anywhere on your trip, are there to assist you with your holiday planning and not form part of our contract with you. This includes all ‘suggested itineraries’ and ‘trip recommendations’ that have been made available and can be accessed by you on our website, on our marketing material (including newsletter, social media posts etc.) or direct communication via email to you.
- We will notify the Owner of any information regarding any changes to your itinerary preferences, providing that you send such changes to us in writing at least 48 hours prior to the commencement of the Booking Period. Any information in relation to the yacht cruising area and yacht cruising time per day for your Booking will be agreed between you and the captain of your yacht for the Booking (Captain) on your yacht on the day of your departure and may be subject to change due to weather or other unforeseen circumstances at anytime. The Captain of your yacht is responsible for the Crew, Guests and yacht’s safety. We do not recommend that you spend on average more than six (6) hours per day under way, unless the Captain, in his sole discretion, agrees to exceed this time or unless as otherwise may be agreed between you and the Captain of your yacht. Please note that there are legal time limits for this which the Captain must adhere to, and this may affect the Captain’s ability to agree to a longer period under way in any day.
- Your Booking, is subject to change at any time in the event of unforeseen weather changes or any other event outside of the reasonable control of Orbismare or the Owner. You accept and agree that should your Booking change at anytime before your trip, that another yacht and/or Captain may be supplied by us and will as far as is possible replicate your original Booking. In the event that your Booking needs to be changed during your Booking Period, for example as a result of unforeseen weather making an area too dangerous to sail, it will be the responsibility of you and the Captain to agree a new route for your Booking. In the event that aspects of your Booking materially change we will inform you as soon as reasonably practical and discuss any changes or variations which need to be made to your Booking. We will endeavour to agree with you a new booking in the event that your original Booking materially changes. In the event that we cannot agree a new booking, which is substantially the same as your original Booking, and you want to cancel your original Booking, we will provide you with a full refund of moneys already paid. Please note that where we can provide you with a new booking which is substantially the same as your original Booking you are obliged to accept such new booking as your new Booking.
- You accept and agree that any route that Orbismare may provide your Booking is for informative purposes only and is not meant as a part of your Booking. We shall be responsible for providing your Booking Requirements, for example yacht and Captain, and not for the route that you may take during your Booking. Any route must be agreed between you and the Captain, and will depend on the sailing conditions and available marinas, etc. For the avoidance of doubt, the Captain’s decision will be final.
- USE OF THE YACHT
- You shall use the yacht exclusively as a pleasure vessel for use by Guests. You shall ensure that no pets or other animals are brought on board the yacht without the consent in writing of the Owner. You shall ensure that the behaviour of all Guests shall not cause any nuisance to any person, including but not limited to the Captain or Owner of the yacht, or bring the yacht or the Owner into disrepute. You shall comply, and shall ensure that all Guests comply, with the laws and regulations of any country into whose waters the yacht shall enter during the course of your Booking. You shall ensure that any items which you bring aboard the yacht, or may be brought aboard the yacht during your Booking, are cleared through the local customs and excise authority before being taken ashore, if required by the laws and regulations of the relevant country.
- In the event that any Guest infringes any of these Booking Terms, or undertakes any illegal activity whatsoever under the laws and regulations of the country/countries which you visit during your Booking the Owner may, forthwith on notice to you, terminate your Booking early and without refund of any kind.
- If any guest commits any offence contrary to the laws and regulations of any country during your Booking which results in the Captain or any member of the Crew of the yacht being detained, fined or imprisoned, or the yacht being detained, arrested, seized or fined, you shall indemnify the Owner against any and all loss, damage or expense incurred by the Owner as a result.
- GUESTS, MAXIMUM NUMBER OF GUESTS, PASSPORTS/VISAS, RESPONSIBILITY FOR CHILDREN, HEALTH OF THE PARTY
- You shall not at any time during your trip permit anyone other than the Guests on board the yacht. As an exception, a reasonable number of visitors could be on board the yacht whilst the yacht is securely moored in port, such exception will be allowed at the sole discretion of the Captain.
- We will, provide you with general information relating to passport, visa and health requirements for the destinations we feature and which you are able to visit as part of your Booking.
- If children are taken on board the yacht, you shall be fully responsible for their safety, conduct and entertainment during your trip. The Captain and Crew will provide you with all required safety equipment and inform you of the safety procedures on board the yacht, however you accept responsibility for the behaviour and safety of all children who are Guests for the purpose of your Booking.
- The nature of a yacht charter may render it unsuitable for anybody with physical disability or undergoing medical treatment. By accepting these Booking Terms you warrant that the medical fitness of all Guests is appropriate for the trip in respect of which the Booking is made. It will also be your responsibility to ensure that all Guests will be able to comply with all health requirements for the destination concerned. If any of the Guests have any disabilities you must therefore contact one of our customer experience agents before submitting your Booking Requirements to check whether any such disabilities are catered for on the yacht that you intend to choose. Neither Orbismare nor the Owner accepts any liability in the event that any Guests are refused entry onto any transport or into any country due to failure on your/their part to comply with relevant health requirements.
- Please check that all Guests’ names that you provide in your Booking Requirements are the same as contained on the relevant passport of you or your Guests. Where this is not done and there is an unreasonable delay in notifying any apparent discrepancies in the confirmed arrangements, you will be responsible for all delays in your departure or additional charges that may arise as a result of alterations that have to be made to your Booking.
- YACHT ACCESS
- Most of the yachts advertised on our website are located in marinas or small ports in coastal towns and villages. In some areas the access via public transportation is rare or not available and driveways may be via narrow, twisting, steep or unmade roads. You must be aware that public transportation and/or roads may not be to the same standard as in your home country. If you would like more information regarding how to access your yacht or wish for us to arrange transportation to your yacht, which if arranged after the Booking Confirmation may incur additional charges in addition to the Booking Price, please ask one of our customer experience agents for advice before submitting your Booking Requirements.
- Three (3) to five (5) days before your Booking is due to begin, you will receive a detailed email from us confirming your Captain’s contact details and the exact dock location, within the marina or port, where your yacht is moored. Unless you arrange for us to provide you with transportation to your yacht, as outlined at clause 5.1 above, it is your responsibility to locate the yacht and ensure that all Guests arrive at the yacht at the time and date outlined in your itinerary. In the event that you are not able to arrive by the time and date outlined in your itinerary, it is your responsibility to contact the Captain of the yacht and advise him of the same. You and the Captain will make alternative arrangements and agree a new itinerary if necessary.
- You will only be permitted to board the yacht and begin your Booking providing that you have made full payment of the Booking Price at least 45 days prior to the intended start date set out in your Booking Confirmation (or on submission of your Booking Requirements if the same are submitted less than 45 days before the intended start date of your Booking).
- BOOKING PRICE AND PAYMENT(S)
- Payments can be made byl, debit or credit card (visa, MasterCard, maestro). In the event that you are unable to pay by any of these means, we can offer bank transfer payments. If you require a bank transfer payment for your Booking please inform one of our travel experience agents before submitting your Booking Requirements.
- The deposit payable by you for your Booking, as set out below, will be taken from your preferred payment method after Booking Confirmation, unless your Booking Period is due to begin within 45 days’ of Booking Confirmation, in which case the whole Booking Price will be taken immediately from your account upon Booking Confirmation. All card payments are encrypted using the internationally accepted security system, SSL. The payment schedule for the Booking Price is as set out below:
Time between you submitting your Booking Requirements and the start date of your Booking Deposit % of total Booking Price payable Balance due date and % of total Booking Price payable (if applicable)
46 days or more 50% 45 days before Booking start date – 50%
45 days or less 100% N/A
- We reserve the right to alter the prices of any yacht or other aspect of your trip as shown on our website or set out in our written proposal to you at any time before Booking Confirmation (and in such event clause 1.6 will apply). The Booking Price set out in the Booking Confirmation is the price payable for your Booking, subject to any obvious discrepancy caused by technical or human error.
- Orbismare advertised yachts and services are priced in Euros. Prices quoted in GBP or USD are used only as a guide and, although we endeavour to make these prices in GBP or USD as accurate as possible by using the current exchange rate, we do not warrant that any price quoted in GBP or USD is completely accurate and you should not rely on these prices. Please note that all payments taken on debit or credit card will be taken in EUR and so if you are a customer whose payment card is not denominated in EUR, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
- If, for any reason, any booking or payment term differs from that outlined in this section, the applicable correct terms will be communicated to you prior to your Booking Confirmation and shall also be detailed on any applicable Booking documentation.
- CANCELLATION
- You may cancel your Booking within 7 days’ of your Booking Confirmation. This option is not available to you in the event that the intended start date of your Booking is within 45 days of submission of your Booking Requirements. Subject to clause 7.2 below, you may cancel your Booking or any part thereof at any time. The cancellation will take effect from the date that we receive written notification of cancellation from you. We will accept notification of cancellation by email, on the understanding that you agree and accept that where we will only accept cancellation when the email is sent from an email account where you are the named owner/user of such email address.
- Notwithstanding clause 7.1 above, Booking cancellations may incur cancellation charges. These cancellation charges will depend on how much notice you give us of your intention to cancel your Booking prior to the start date of your Booking. If you cancel your Booking anytime after you have paid the deposit, the following applies:
Time between cancellation of Booking and intended start date of Booking Percentage of total Booking Price payable as cancellation charge
120 days or more 20%
90-119 days 40%
45-89 days 50%
44 days or less 100%
- In all cases, where cancellation results in us making a refund payment to you, such payment will be made to you as the lead and contracting member of your party. This will be the case regardless of which members of the party make the deposit and balance payments for your Booking.
- AMENDMENT
- If after our Booking Confirmation, you wish to change your travel arrangements or the Booking in any way, we will do our best to assist you in amending your arrangements and changing your Booking, but we cannot guarantee that this will be possible. Any request for changes must be in writing from the person who made the Booking. You will be asked to pay an administration charge of €50 and any further costs we incur in making such alterations.
- We reserve the right to refuse any amendment notified to us less than 45 days prior to the start date of your Booking.
- You acknowledge and accept that any amendment you may request after the Booking Confirmation may be subject to additional charges in addition to the Booking Price. Any such additional charges will be notified to you when you are requesting the amendments. Any amendments you may request will not affect the Booking Price which is payable by you for your Booking, unless we, in our absolute discretion, decide to amend the Booking Price.
- If any Guest is prevented from going on your confirmed trip for reasons beyond your control for example, death of a close relative or jury service, you/they have the right to request the transfer of your/their part of the Booking to another person, subject to our prior approval. Such person will be bound by these Booking Terms. Where you, as the lead and contracting member of your party, are unable to travel, and your place is taken by another person, that person will assume the role of lead and contracting member of the party, unless you notify us to the contrary. In the event that any Guest transfers their part of the Booking, both the Guest and the person to whom the part of the Booking has been transferred will be jointly and severally liable to us under these Booking Terms and in relation to your Booking.
- OPERATING YACHT COSTS
- Unless otherwise notified by us prior to your Booking Confirmation, you will be responsible for the payment of additional payments for operating the yacht during your trip. These additional costs will be in addition to the Booking Price. This is commonly known as ‘Advanced Provisioning Allowance’, and is paid upon embarkation of the yacht to the Captain or Owner, and will include, amongst other things, fuel, dockage fees, communications and alike which may be incurred by the Captain and/or the Owner through your use of the yacht during the course of your Booking.
- Any additional operating costs for your use of the yacht, which is payable by you to the Owner or Captain, will be agreed between you and the Owner or Captain, and we will have no liability whatsoever in relation to any additional yacht operating costs, above and beyond the Booking Price, which you may incur as part of your Booking.
- FORCE MAJEURE
- If either you, Orbismare or the Owner is prevented or delayed from performing any of their obligations under these Booking Terms by reason of any event out of their reasonable control including but not limited to acts of god, fire, flood, storm, war, hostilities, riot, explosion, accident, sabotage, lack of adequate power, or any other cause whether or not of the class or kind enumerated which affects performance of these Booking Terms arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of the party affected (« Force Majeure« ), then:
- its obligations under these Booking Terms shall be suspended for so long as the Force Majeure continues and to the extent that you or Orbismare are so prevented, hindered or delayed;
- you or Orbismare shall, without prejudice to the other provisions of this clause 13.1 consult with a view to taking such steps as may be appropriate to mitigate the effects of such Force Majeure; and
- you or Orbismare (as appropriate) shall use all reasonable efforts to mitigate the effects of the Force Majeure upon the performance of its obligations under these Booking Terms.
- DELAY IN RE-DELIVERY
- If delivery by you of the yacht in accordance with section 12 above is delayed by reason of Force Majeure, delivery shall be effected as soon as possible thereafter and in the meantime the conditions of these Booking Terms shall remain in force but without penalty or additional charge against you for such delay.
- If you fail to re-deliver the yacht to the Owner at the pre-determined port or marina at the end of your trip due to an intentional delay or change of itinerary on your part, then you shall pay forthwith to the Owner compensation for such delay at such rate as is notified to you by the Owner.
- DISCOUNTS AND PROMOTIONS
Orbismare may from time to time offer discounts or promotions to customers. All such discounts and any reduced pricing and/or promotional benefits are applied at Orbismare sole discretion. From time-to-time Orbismare may advertise reduced pricing on selected yachts. The reduced pricing applies strictly to new bookings, and bookings that have already been confirmed (which for these purposes shall mean bookings in respect of which payment of at least a deposit has been received by Orbismare) are not entitled to the reduced pricing. Any discounts offered to you by Orbismare cannot be combined with other offers or discounts provided by Orbismare.
- AFTER YOUR HOLIDAY
- You will be invited to complete a review for the yacht and the Captain that you used during your trip. The reviews which you complete may be made available to other customers to help them choose which yacht is most suitable for them. Orbismare also uses the reviews to improve the service and yachts offered.
- Occasionally we may send you an email copy of our newsletter with details of new destinations, holiday ideas and suggestions which we offer. You can remove yourself from this list by simply clicking on the appropriate link at the bottom of the email.
- COMPLAINTS
- You and/or the any of the Guests may give notice of any complaint in the first instance to the Captain on board the yacht and a note shall be taken of the time, date and nature of the complaint.
- If, however, this complaint cannot be resolved on board the yacht, then you and/or any of the Guests may give notice to the Owner, as soon as practicable after the event giving rise to the complaint has taken place and in any event within twenty-four (24) hours of the event or occurrence unless it is impracticable due to failure or non-availability of communications equipment. The complaint may be made verbally in the first instance but shall be confirmed as soon as possible in writing (by email, SMS) specifying the precise nature of the complaint. You may also contact Orbismare directly with any such complaint. In circumstances where you make a complaint via Orbismare, we will do our best to resolve any such issue with the Captain and/or the Owner.
- You may raise a complaint in relation to your Booking directly with Orbismare at the time your complaint arises, while still onboard or at the latest 24 hours after your Booking has ended upon which we shall attempt to rectify any problem experienced and aim to reclaim any compensation as may be payable to you by the Captain or Owner as appropriate. Please note that in the event that you have a complaint to make about your Booking, you should notify us as soon as possible at the time you are dissatisfied or inconvenienced during your charter so that we can attempt to swiftly resolve such complaint.
- APPLICABLE LAW
These Booking Terms are subject to the laws of Greece and both you and Orbismare submit to the exclusive jurisdiction of the Greece courts in relation to any dispute or claim arising out of or in connection with these Booking Terms.
- AMENDMENTS
Orbismare reserves the right to update and/or alter these Booking Terms at anytime, and shall post the amended Booking Terms on the Orbismare website (www.orbismare.com). Any such amendment shall take effect 10 days following their posting to the website. The latest Booking Terms, as amended, may be accessed any time on Orbismare website. Orbismare recommends that you refer to the Booking Terms as available on the website at the time of submitting your Booking Requirements to familiarize yourself with the most up-to-date version.
- GENERAL
- You acknowledge that in entering into these Booking Terms as set out herein you have not relied on or been induced to enter into these Booking Terms by any representation, warranty, undertaking, promise or assurance made or given by us or any other person, whether or not in writing, at any time prior to your acceptance of these Booking Terms other than those expressly set out in these Booking Terms.
- If any part of any provision of these Booking Terms shall be found to be invalid or unenforceable, then the remainder of such provision and all other provisions of these Booking Terms shall remain valid and enforceable.
- No delay in exercising or non-exercise by either you, your Guests or Orbismare of any of their rights under or in connection with these Booking Terms shall operate as a waiver or release of that right.
- No part of these Booking Terms is to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999.
- Any notice required or permitted under these Booking Terms required by law must be in writing and must be:
- delivered in person; or
- sent by registered mail return receipt requested;
in each case forwarded to our address as set out on our website. We may change our address at any time and such new address will be displayed on our website. Notices will be considered to have been given at the time of actual delivery in person, or three (3) business days after posting.