Charter Terms and Conditions

1.1 This contract is made between New Captains B.V., trading as GoXperience (‘the Company’) and any person(s) or company or firm (‘the Client’) booking a charter vessel(s) (‘the Charter’) with the Company. All bookings accepted by the Company are subject to these terms and conditions. This contract will be construed in accordance with Croatian Law and it is agreed between the Client and the Company that each will submit to the jurisdiction of the Croatian courts. By making a deposit payment or signing the Company booking form the Client will be accepting the terms and conditions for themselves. If any part of these booking conditions is found to be unenforceable then the remainder of these booking conditions will not be affected and will remain valid and enforceable.

2 Bookings.

2.1 Bookings must be made in writing on the booking form and accompanied by a non-refundable deposit of 50% of the charter fee, payable in GBP (unless otherwise stated on the booking form). The Company may accept provisional bookings by telephone which will normally be held for 7 days, including the day on which the call was received, at the end of this time unless the Company receives a completed booking form with the deposit as described above the provisional booking may be released without further reference to the Client. The signed booking form must be returned to the Company’s offices New Captains, Schermerstraat 99, 2131 ZK, Hoofddorp, the Netherlands or scanned and emailed to lets@goxperience-sailing.com. Once a booking has been made and a deposit paid the total cost of the Charter will not normally be subject to any surcharges, other than agreed additions to the booking. This does not apply to invoice errors. However, the Company reserves the right to increase or decrease the Charter fee due to variations in costs.

3 Balance of Payment.

3.1 On receipt of the booking form the Company will send the Client confirmation of the booking. This should be checked carefully to ensure that it accurately reflects the requested booking. Full payment, less any pre-paid deposit must reach the Company no later than 28 days before the commencement of the Charter. Should a booking be made less than 28 days before the Charter the full amount must be paid at the time of booking. If the full payment is not received by the due date, the Company reserves the right to cancel the booking with no refund of deposit and apply the cancellation charges stated below. The client who signed the booking form shall be liable for all those to whom the booking applies and for any other person(s) that the Company were subsequently requested to book and in respect of whom the Client was sent an invoice. In the event of any inconsistencies between the provisions of this clause and the invoice, the provisions contained in the invoice shall prevail.

4 Security Deposit.

4.1 A security deposit (‘the Deposit’) may be required by the Company. The Deposit, as stated on the booking form, will be paid by the Client to the Company by cash, BACs or cheque which will be banked not less than 7 days prior to the commencement of the Charter, as security against the vessel being returned in a condition other than it’s condition on the commencement of the Charter and against any loss or damage suffered by the Company, but without prejudice to any claim over and above the Deposit which the Company may have. The Deposit or the balance, if any, remaining after any deductions have been made shall be returned within 14 days of the return of the vessel to the Company or in the case of any dispute, the deposit or such balance, if any, shall be refunded on settlement of the dispute. The Company reserve the right to make any deductions up to a value of 200 euro from the Deposit without notification to the Client. For amounts in excess of 200 euro the Client will be informed prior to the deduction being made. In the event that the Client does not pay for any other damage deductions prior to leaving the yacht, the Company reserve the right to charge a 25 euro administration fee in addition to the basic charges.

5 Cancellation.

5.1 By the Client.
5.1.1 Cancellation of a booking must be notified to the Company in writing and the effective date of cancellation is the date that the Company receives such notification. If the Client serves notice of cancellation of a booking or fails to pay at the specified times the amounts specified in the invoice, the Client will be liable to pay cancellation charges, which are based on a proportion of the invoiced price of the Charter. The cancellation charges are as follows:
* Based on number of Days Before Charter Start Date Charges Payable.
* Over 60 days full Deposit
* 40 – 60 days 50% of total booking cost
* 20-39 days 75% of total booking cost
* Under 20 days 100% of total booking cost
5.2 By the Company
5.2.1 It is unlikely that any changes will have to be made to a Charter, however occasionally changes may be made, which the Company reserves the right to do so at any time. The Company reserve the right to substitute another vessel of a different type or cancel the Charter at any time, for any reason including weather conditions and non-availability of a vessel. The Company will not normally cancel less than 60 days before the Charter except in Force Majeure, unusual or unforeseen circumstances beyond the Company’s control. In the event of a cancellation, the Client will be given the choice of choosing an alternative date for the Charter. In the event that the Client does not wish to choose an alternative date, the Client will be entitled to a full refund. No compensation will be paid where the changes or or cancellation are due to Force Majeure. No liability is accepted for any costs or expenses incurred by the Client in the event of changes or cancellation by the Company.

6 Clients Obligations.

6.1 The Client agrees that:
6.1.1 The details supplied on the booking form are accurate.
6.1.2 No animals, plants or restricted items or illegal goods such as drugs, firearms or explosives will be brought on board.

6.1.3 No crew other than those specified on the Crew List, which must be submitted prior to the start of the Charter, will be carried on board.
6.1.4 The vessel will be returned to the home port on the date and at the time specified on the Charter Agreement, clear of any personal effects.
6.1.5 No expenses will be paid by the Client on behalf of the Company without obtaining prior consent.
6.2 The Client shall be responsible for the actions of their guests at all times and will undertake no action which may render the vessel to become liable to arrest or impounding and shall indemnify the Company in all respects, in the event of a breach of these conditions.

7 Termination and Repossession.

7.1 Should it come to the Company’s attention that the Client is likely to commit a serious breach of any of these conditions the Company may immediately terminate this agreement and take whatever steps are necessary to take possession of the vessel wherever it may be. Such termination and taking possession shall be without prejudice to any rights and remedies, which may have accrued to the Company prior to the date or by reason of such breach. The Company shall, in these circumstances, have no liability for the unexpired period of the Charter and the Client will forfeit the Charter fee in its entirety. In any case where the Company cancels a Charter for any reason, the Company will not accept any liability for consequential loss to the Client. This may include, but is not limited to, purchase of flights, transport or accommodation. We recommend that any such purchases be insured separately.

8 Consequential Loss Waiver.

8.1 In the event that the Client causes malicious or wilful damage to the vessel to such an extent that the Company is unable to charter the same, the Client will be liable for any loss of income for a period of 30 days following the end of the Charter.

9 Limitations of Liability.

9.1 The Company will insure and keep insured the vessel against all usual marine risks including third party risks, to such an extent that the Company in it’s absolute discretion shall deem appropriate. The Company will accept liability for the negligence of its employees causing injury or death to the Client only to the extent that it is obliged to under Dutch and Croatian 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 passengers, nor will it be liable for any uninsured losses of the Clients property, nor for any illness, injury or death sustained during the Charter. No responsibility can be accepted by the Company for variations in standards of service or facilities. 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. The Company may receive notification of alterations in service or facilities or event dates. These circumstances are regrettably out of the Company’s control and consequently no liability can be accepted.

10 Authority.

10.1 The Client and their party agree to accept the authority, decisions and instructions of the Company’s Skippers, employees and agents or other representatives of the Company (‘the Skipper’) during the Charter. At all times the decision of the Skipper will be final on all matters. Should the Client or any member of their party interfere with the well being of the Skipper or others aboard the vessel, through disruptive or difficult behaviour, the Skipper has full authority to dismiss the agitator(s) from the vessel. In such event there will be no recourse to any refund. If the Skipper decides that the vessel shall not sail at any time due to adverse weather conditions or should return after departure due to a defect of the yacht or its equipment or the indisposition of anyone aboard the vessel which the Skipper considers vital to safe passage, their decision will be final.

11 Health.

11.1 Sailing can be a dangerous activity and does require an average level of fitness and good health. Consequently the Client is required to authorise the provision of information, including medical information and a certificate to the Company, if requested by the Company.

12 Licences.

12.1 The vessels booked through the Company are operated in accordance with the Croatian Government rules and regulations. In the event that a vessel is booked through a third party or another company (‘the Charterer’) for the purposes of carrying guests, it is the Charterer’s responsibility to ensure that all the rules and regulations are abided by and complied with including, but not limited to, those laid down by Croatian Government, together with any rules and regulations of the Country in which the vessel may or will be sailing, and not that of the Company. Should this condition not be observed, the Company reserves the right to refuse the Charterer to leave the pontoon with the Client and any member of their party aboard, until such time as the matter has been rectified to the satisfaction of the Company. In the event that it becomes necessary to obtain a licence or licences or a special dispensation from a marine Authority or regulating body, it is the responsibility of the Charterer to obtain such license or dispensation. Should it become apparent that such license or dispensation has not been obtained, it is then at the sole discretion of the Company as to whether the vessel may sail on behalf of the Charterer. In the event that the vessel cannot sail, the Client will be entitled to a refund of 25% of the Charter fee, subject to Clause 5.2, which takes precedence on matters of cancellation.

13 Non Skippered Charters.

13.1 In the event of the Company accepting a booking in which the Client or any member of their party intends to skipper the vessel the Company will appoint an owner’s representative to sail with the vessel. Under these circumstances a subsidiary set of Booking Conditions will apply, which are available from the Company’s offices on request.

14 Complaints.

14.1 The Skipper or other official representative of the Company must be informed of any complaint, during the Charter, so that action can be taken at the earliest opportunity to remedy the problem. If a satisfactory response is not given by the Skipper then the Company should be notified within 28 days of returning home by writing to the Managing Director at the Company’s offices at New Captains, Schermerstraat 99, 2131 ZK, Hoofddorp, the Netherlands, giving the Charter booking details and all other relevant information, and the Company will do it’s best to resolve the problem. Failure to complain at the time of the Charter will result in extinction or at the very least reduction of any compensation otherwise entitled. It is therefore a condition of this Contract that any problem be communicated to the Company or the supplier of services in question AND to the Company representative or the Skipper whist on the Charter and that a report is obtained. Failure to follow this procedure will mean the Company cannot accept responsibility as they have been deprived of the opportunity to investigate and rectify the problem.