Terms and Conditions
BOOKNSAIL.COM terms & conditions
1. GENERAL OBLIGATIONS:
Client declares to possess necessary navigation license, accepted by authorities / Charter Operator in the sailing destination. Each country/ operator has own requirements so it is mandatory to check with Booknsail is your skipper license accepted.
Client may not participate in regattas without written consent, and must observe the laws of local and port authorities. He must not transport undeclared, dutiable goods or any other prohibited objects. Client is not allowed to leave territorial sea, unless having written approval- Permit- issued by Charter Operator.
2. RENTAL PRICE AND PAYMENT:
The rental price includes the rental of a boat with standard equipment, together with boat and crew insurance for the rental period.
The rental price excludes marina’s cost (except berth in home port), parking, berth in other marina’s, fuel, skipper, hostess service and costs of other optional services, unless is stated otherwise in written booking confirmation/ contract.
Payment terms of our operators vary from country to country. Your booking confirmation will show the exact payment terms for your charter. Please note the payment due dates and ensure payments reach us in plenty of time. Your booking will automatically be cancelled if payment is not received. If you have paid your deposit by credit or debit-card we will automatically debit it on the due date. Please ensure we are advised if this is not acceptable and make alternative arrangements in plenty of time.
Cancellations over 45 days prior to departure 50% of total is retained. Cancellation 45 days and under total payment is retained. Holiday / travel cancellation insurance is recommended.
4. YACHT TAKEOVER & RETURN
Usually yacht takeover is Saturdays after 05.00PM. Exact boarding time will be indicated Client’s board- pass.
Client is advised to check state of the boat, and make written notice if some damages or malfunctions are discovered during check in.
The boat should be returned, unless there is some other written agreement, day before charter end (afternoon), in working order, with complete equipment and full diesel tank. An extension of charter period is possible only with Operator consent and written confirmation. If the Client does not return the boat at the correct time and in the correct location, the Operator may charge client up to 200% of the daily rate for each started date overdue. Late return may be justified in the case of force major provided that the Client informs Operator immediately.
5. SUBSTITUTE YACHT
All operators reserve the right that should the yacht booked become unavoidably unobtainable it can be replaced with a similar sized yacht, better yacht or alternatively a full refund of all monies paid for the original yacht.
6. SECURITY DEPOSIT:
To cover loss or damage to the yacht and/or her equipment, or third party damage caused by the yacht a refundable security deposit is required by most charter Operators. Security deposit is payable on embarkation and will be refunded in full (providing no damage) on the return of the yacht. The amount of the security deposit is shown separately on your booking contract. Some Operators offer insurance in place of a refundable deposit.
7. CLIENT’S OBLIGATIONS & RESPONSIBILITIES:
-To posses valid sailing and VHF license in ORIGINAL
Not to accept more passengers onboard of the vessel than it is specified in the crew-list.
The Client shall guarantee his being jointly liable for all crew members.
Not to operate the vessel under the influence of alcohol or drugs.
Depending on weather conditions to avoid unnecessary strain on masts, sails and ropes
Client is obliged to sail solely in territorial waters, unless otherwise agreed in written .In order to leave territorial waters he must obtain special written approval as already written in general obligations above Client shall not leave port or anchorage if the wind force is or is predisposed to be over seven (7) on the Beaufort Scale (30 knots) or if the harbor authorities have prohibited sailing or while the Vessel has un- repaired damage to any of her vital parts such as engine, sails, rigging, bilge pump, anchoring gear, navigation lights, compass, safety equipment etc. or if any of the above parts are not in good working condition; neither shall the Client leave port or anchorage without sufficient reserves of fuel or in general, when weather conditions or the state of the Vessel or her crew are doubtful.
The Client guarantees to Operator his own nautical knowledge and competence in that area, both his own and the qualification of his crew, as well as his ability to operate the Vessel safely without regard of weather conditions or any other circumstances, taking over full responsibility for rational exploitation of the Vessel and her equipment.
If Operator comes to conclusion that the Charterer or members of his crew do not possess appropriate and necessary knowledge and nautical competence for the use of the Vessel, Operator may request the Client to embark the competent skipper for part or whole Contract period. All related expenses will be on the Client account.Charter operator has been authorized for making such limitations if weather conditions or some other serious reasons should force Operator to do so.
Client is obliged to observe all navigation rules and orders made by authorized government bodies, pay attention to the Vessel’s, crew’s, passengers’ safety and maintain the Vessel and her equipment, and to return the Vessel to Operator in the same condition in which the Charterer had received her (Vessel has to be properly clean, the equipment has to be arranged and similar).
If the boat is involved in accident Client is obligated to call and inform Operator’s base manager immediately.
In case of damage and/ or accident, Client is obliged to make written report, and provide it to Operator. If the boat is lost, confiscated or authorized party has forbidden its sailing; Client is also obligated to inform Operator immediately.
If Client fails to inform Operator, he will be held liable for all damage arising from non- reporting or late reporting of the incident.
Client is obliged to check the oil level in the motor in daily basis.
Client will be charged for all damages and losses resulting from lack of oil in the engine. All damages to the underwater section (including damage/loss of propeller) caused by the Client’s negligence will be repaired at Client’s expense.
8. TERMINATION OF VACATION & INDEMNITY:
The Charterer accepts responsibility for
the proper conduct of themselves and their crew. Operator reserves the right in our absolute discretion to terminate, without further notice, the vacation arrangements for any Client who refuses to comply with the instructions or orders of Operator and whose behavior or competence in Operator’s opinion is likely to cause distress, damage, danger or annoyance to their crew, other customers, staff, any third party or to the property. Upon such termination Operator’s responsibility for the Charter’s vacation ceases and shall not be liable for any costs incurred by the Charterer.
If the Client has any complaint during the boat chartering period, he should inform Operator immediately and during check out. Only objections and complaints presented in written form during the boat inspection will be taken into consideration.
10. PERSONAL DATA PROTECTION
Client shares his personal data by his own free will. Service Client's personal data is necessary for the process of realization of the service required. The data will be used for further communication between the parties. booknsail.com is obliged not to distribute Service User's personal data outside of national borders, or forward it to a third party, except for the purpose of providing the requested service. The exception to distributing personal data to third persons is taking out cancellation insurance, accident and illness insurance, baggage damage or loss insurance and voluntary health insurance for the duration of the trip and staying abroad. If Service User takes out an insurance policy, personal data will be forwarded to the appropriate insurance company. User's personal data will be stored in a data base, according to management's decision on the method of collecting, processing and storing of personal data. By accepting these General Conditions, Service User agrees that his personal data may be used for Booknsail's promotional activities.
10.1 CREDIT CARD PAYMENTS- GDPR COMPLIANCE
WSPay as a credit card authorisation and credit card processing system personal data as a processing system and processes personal data in accordance with the General Data Protection Regulation of the European Parliament and Council No. 2016/679 and the strict rules of the PCI DSS L1 Regulations on Protection of Registrations and data transfer.
All payments made by Visa, Meastro and MasterCard through the payment getaway WSpay will be effected in Croatian currency. The amount your credit card account will be charged for is obtained through the conversion of the price in Euro into Croatian kuna according to the current exchange rate. When charging your credit card, the same amount is converted into your local currency according to the exchange rate of credit card associations. As a result of this conversion there is a possibility of a slight difference from the original price stated in our web site.
WSPay uses 256-bit encryption SSL certificate and TLS 1.2 cryptographic protocol as the highest standard of data protection and data security. Personal data used for authorisation and collection purposes, or for performance of the contract or contract obligations, are considered confidential. For the execution of the contract (authorization and billing), the following customer's personal information is required:
- Name and Last name
- Zip code
- Type of card
- Card number
- Card expiration dates
- CVV card
WSPay does not process or use personal data except for the purpose of executing authorisation and billing agreements.
WSPay warrants compliance with all the terms and conditions laid down in the applicable personal data protection regulations for personal data processing executives, and in particular the taking of all necessary technical, organisational and security measures, in particular with the PCI DSS L1 Certified.
For credit card payments you can use the following: