Terms & Conditions
1. Contract: The Contract is between Avada Leisure Ltd ‘the Company’ and all persons (or any one of them) named on the booking form. Contracts and matters arising from them are subject to English Law and the exclusive jurisdiction of the English Courts.
2. Booking and Deposit: To make your booking we require an online completed booking or email exchange and a deposit of £500. When the booking is made less than 7 days before the start of the charter, payment for the full price is required at the time of booking. The person who completes the booking form accepts responsibility for payment for all the persons named on the booking form and is responsible for keeping all party members informed as to the booking details and obligations. A Contract is made when we accept your booking along with deposit and send you our email confirmation. The Company reserves the right to decline a booking for any reason. The Company may cancel the Contract due to adverse weather at any time up until 1 hour before scheduled departure. All guest names are to be notified to the Company and confirmed with the Skipper prior to departure. The ages of children under 16 must also be provided.
3. Balance of Payment: We hold your deposit towards the total cost of the charter. The outstanding balance is due 7 days before the start of the charter. If you do not pay the full cost within the time specified the Company reserves the right to cancel the booking and retain the deposit.
4. Pricing: Prices are correct at the time of publication on jabezyacht.com website. The price when you book will be the price you pay. We reserve the right to amend any information, including prices at any time prior to booking confirmation. Meals onboard or ashore, alcoholic beverages, parking and motorised water sports are not included in the price.
5. Payment Methods: Electronic Bank Transfer & Debit and Credit Cards are accepted. Bank Transfer: Avada Leisure Ltd – Account number 70732612 – Sort Code 60-15-47.
6. Cancellation or Alteration by the Company: Arrangements for your trip may be made months in advance but are weather dependent. Sometimes changes become necessary. The Company reserves the right to change or cancel a charter at any time for any reason. In the event that we are unable to provide the booked charter date, you will be given the choice of accepting an alternative date/time or terminating your booking and receiving a full refund. Refunds must be made to the account or card that paid. The Company will make reasonable efforts to keep you informed of any such changes. The Company do not accept responsibility of adverse weather conditions, including a lack of wind. The Company and the Skipper alone will determine if the charter should be cancelled for weather reasons.
7. Cancellation or Alteration by the Customer: We know your plans can change. You may alter the date up to 7 days before without a penalty but subject to availability. You have up to 12 months to re-book. After this time, your deposit will be forfeited. The price of the alternative date will be as published on the Company website. If you cancel your booking entirely you will forfeit your deposit. If you do not turn up on the day without prior notice, you will be liable to pay the Company the full cost of the charter. Cancellations between 7 and 2 days before charter will be charged at 50% of the published rate. Cancellations within 48 hours of departure will incur the full charge. The Company reserves the right to exercise their discretion on cancellation policy in some circumstances.
8. Limitation of Liability: The Company will accept liability for negligence of its crew causing you bodily injury or death beyond the extent that it is obliged to under English law. The Company shall not (subject to any statutory requirement to the contrary) be liable for any injury, death, loss or damage caused by other guests, nor will it be liable for any losses of your property, nor for any illness, injury or death sustained during any charter. You shall not be entitled to any refund or compensation in the event of withdrawing during your charter, due to health, personal or other reason. If you withdraw prior to the charter the cancellation charges shall apply. No responsibility can be accepted for events and service due to causes beyond the Company’s control.
9. Water Sports and Swimming: If you are offered the use of Company water sports equipment you use this entirely at your own risk. The Company in not responsible for vetting competence to use or providing training. Likewise swimming from the boat can take place at your own risk but with the permission of the skipper.
10. Authority and Conduct: You agree to accept the authority, decisions and instructions of the Company’s Skippers and crew during your charter. At all times the decision of the Skipper will be final on all matters. During the safety briefing you will be provided with a life jacket. We advise you to wear this at all times. If the skipper instructs you to wear it you must do so. You must adhere to all instructions issued to you by the Skipper. Although the Skipper will try to meet any reasonable request to visit specific places, there is no guarantee and the route taken is entirely at the discretion of the Skipper. If the Skipper decides that the yacht shall not sail at any time, or should return after departure, due to the nature of the weather or to a defect of the yacht or its equipment or the indisposition of any crewmember or passenger, the Skipper’s decision will be final. If you commit an illegal act or behave in an offensive manner, you may be excluded from the trip and the Company shall have no responsibility for you or for your cost of repatriation. In addition, should you interfere with the wellbeing of the crew or other passengers, through disruptive or difficult behaviour, the Skipper has full authority to dismiss you from the yacht. In such an event you will have no recourse to any refund.
11. Health and Fitness: Sailing, like any water-based activity, can involve a degree of danger. It can also require a reasonable level of fitness and health. It is your responsibility to ensure that you obtain proper and detailed medical advice if in doubt. Clients with existing medical conditions and near-term pregnant women should check with their GP. Please advise the Skipper on arrival if anyone in your party has a condition that you believe you ought to disclose. In case of a medical problem arising during the voyage, either onboard or onshore, which results in medical expense including but not limited to costs for evacuation with use of aircraft and repatriation, the responsibility for payment of these costs belongs solely to the individual concerned. The Company advises that you ensure that such eventualities are covered by travel insurance for every member of your party. If for any reason an incident is not covered by travel insurance the responsibility still remains with you and the Company specifically declines any responsibility whatsoever. Please check that sailing and water-based activities are included in your insurance policy.
12. Complaints: If you have a complaint against the Company, you must first inform the Skipper or any other Company representative present during your trip, so that action can be taken to remedy the problem. If you are not satisfied with the response, notify the Company in writing within 21 days of the end of your trip at info@jabezyacht.com