Seamaster Booking Conditions
Please read these booking conditions carefully as they, together with the specific information about your confirmed sailing holiday, form the basis of your contract with Really Good Holidays Ltd (trading as Seamaster Yachting).
You should also read these booking conditions in conjunction with our Frequently Asked Questions, which provide insight into the practical aspects of the holiday.
Agency Terms of Business
1. CONTRACT: These are the terms on which we will make a booking for your travel or holiday requirements. When making your booking we will arrange for you to enter into a contract with the principal(s) or other supplier(s) (e.g. airline/yacht charter company) named on your receipt(s). We can book you a package holiday, in which case you will have one contract with the principal, or we can book the services that make up your holiday with different principals or suppliers, in which case you will have separate contracts with each of them. As agent we accept no responsibility for the acts or omissions of the principal(s) or supplier(s) or for the services provided by them. The principal’s(s’) or supplier’s (s’) Terms & Conditions will apply to your booking and we advise you to read these carefully as they do contain important information about your booking. Please ask us for copies of these if you do not have them. Our Terms of Business are governed by English Law and the jurisdiction of the English Courts. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so. All travel arrangements which we provide or which are sold through us are not an offer by us to sell any travel arrangements, but an invitation to you to make an offer to the suppliers of the arrangements. We are free to accept that offer on behalf of those suppliers or to reject it.
2. BOOKING DETAILS: When a booking is made all details will be read back to you. Once you have confirmed these details we will proceed to confirm the booking with the principal(s) or supplier(s). Please check that all names, dates and timings are correct on receipt of all documents and advise us of any errors immediately. Any changes to these details will incur the charges stated below. Please ensure that the names given are the same as in the relevant passport. The booking information that you provide to us will be passed on only to the relevant suppliers of your travel arrangements or other persons necessary for the provision of your travel arrangements. The information may therefore be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary and religious requirements. Certain information may also be passed on to security or credit checking companies. If you are travelling to the United States, the US Customs and Border Protection will receive this information for the purposes of preventing and combating terrorism and other transnational serious crimes. If you travel outside the European Economic Area, controls on data protection may not be as strong as the legal requirements in this country. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we will be unable to provide your booking. In making this booking, you consent to this information being passed on to the relevant persons. Full details of our data protection policy are available upon request.
3. PAYMENT: You will be required to pay a deposit or make full payment for your booking at the time of booking. Where you only pay a deposit you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will notify the principal(s) or supplier(s) who may cancel your booking and charge the cancellation fees set out in their Terms and Conditions.
4. CANCELLATION and AMENDMENT: Any cancellation or amendment request must be sent to us in writing and will not take effect until received by us. If you cancel or amend your booking the principal(s) or supplier(s) may charge the cancellation or amendment charge shown in their Terms and Conditions (which may be 100% of the cost of the travel arrangements) and you must pay us the cancellation or amendment charge stated below.
5. The COST OF YOUR HOLIDAY
Please note, changes and errors occasionally occur. You must check the price of your chosen holiday at the time of booking. The 2019 prices shown on our website were calculated on 1st November 2018 on the basis of then known costs and exchange rates of £1 to €1.12 as per the Post Office advertised currency rates.
We reserve the right to increase / decrease and correct errors in advertised prices at any time before your holiday is confirmed. We will advise you of any error of which we are aware and of the then applicable price at the time of booking.
Once the price of your chosen holiday has been confirmed at the time of booking, then subject to the correction of errors, we will increase or decrease the price in the following circumstances:
a. Changes to any taxes, dues and fees that are applicable to any part of your holiday
b. Any change in our transportation costs, such as but not limited to landing fees and fuel surcharges
c. Changes in the exchange rate used to calculate the cost of your holiday
Price increases or decreases after booking will be passed on by way of a surcharge or refund. Even in the above cases, only if the amount of any increase in our costs exceeds 2% of the total cost of your holiday (excluding any amendment charges) will we levy a surcharge. We will only levy a surcharge in respect of the amount by which any increase in our costs exceeds 2% of this total holiday cost. If any surcharge is greater than 10% of the cost of your holiday (excluding any amendment charges), you will be entitled to cancel your booking and receive a full refund of all monies you have paid to us (except for any amendment charges) or alternatively purchase another holiday from us.
Where applicable, you have 14 days from the issue date printed on the surcharge invoice to tell us of your preference. If you do not tell us, we are entitled to assume that you do not wish to do so and will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is the later.
Please note that arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your holiday due to contractual and other protection in place.
A refund will only be payable if the decrease in our costs exceeds 2% of the total cost of your holiday as set out above. Where a refund is due, we will pay you the full amount of the decrease in our costs.
6. INSURANCE: We require you to take out personal travel/holiday insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and any other expenses.
7. FINANCIAL PROTECTION: All the flights and flight-inclusive holidays on this website are financially protected by the ATOL scheme. When you pay you will be supplied with an ATOL Certificate. Please ask for it and check to ensure that everything you booked (flights, hotels and other services) is listed on it. Please see our booking conditions for further information or for more information about financial protection and the ATOL Certificate go to: www.atol.org.uk/ATOLCertificate
All the package and Flight-Plus holidays we sell come with protection for your money. If you buy a single travel service then this might not apply. Package holidays are protected by the package organiser and we will provide you with their confirmation. Our Flight-Plus holidays are ATOL- protected (our ATOL number is 10832). A Flight-Plus is where you purchase through us, at the same time or within a day of each other, a flight plus yacht charter (i.e. not a package holiday). When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. On all Flight Plus holiday arrangements, your money is ATOL protected meaning that you will be able to continue with your holiday or receive a refund of the amount paid to us in the unlikely event of our insolvency or the insolvency of your service providers. Please note however that we have no liability beyond that for insolvency as set out in the ATOL scheme, because we act as agent of the suppliers.
In respect of our Flight-Plus holidays, we are obliged to tell you:
• We or the suppliers of the services you have bought will provide you with the services you have bought (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances, the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
• If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
8. DELIVERY OF DOCUMENTS: All documents (e.g. invoices/tickets/Insurance policies) that require to be posted will be sent to you by Second Class post. Once documents leave our offices we will not be responsible for their loss unless such loss is due to our negligence. If tickets or other documents need to be reissued all costs must be paid by you. You can ask for delivery by other means subject to the charges stated below.
9. PASSPORTS, VISAS AND HEALTH: We can provide general information about the passport and visa requirements for your trip. Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. Neither we nor the principal(s) or supplier(s) accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Most countries now require passports to be valid for at least 6 months after your return date. Please take special note that for all air travel within the British Isles, airlines require photographic identification of a specific type. Please ask us for full details. We can provide general information about any health formalities required for your trip but you should check with your own doctor for your specific circumstances.
10. FINAL TRAVEL ARRANGEMENTS: Please ensure that all your travel, passport, visa and insurance documents are in order and that you arrive in plenty of time for checking in at the airport. It may be necessary to reconfirm your flight with the airline prior to departure. Please ask us for details at least 72 hours before your outbound flight. You should take a note of any reference number or contact name when reconfirming. If you fail to reconfirm you may be refused permission to board the aircraft and you are unlikely to receive any refund.
11. COMPLAINTS: Because the contract(s) for your travel arrangements is between you and the principal(s) or supplier(s), any queries or concerns relating to the travel arrangements should be addressed to them. If you have a problem whilst on holiday, this must be reported to the principal/supplier or their local supplier or agent immediately. If you fail to follow this procedure there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled to may be reduced or you may not receive any at all depending upon the circumstances. If you wish to complain when you return home, write to the principal/supplier. You will see the name and address plus contact details in any confirmation documents we send you. We will of course assist you with this if you wish - please contact Customer Services. If the matter cannot be resolved and it involves us or another ABTA Member then it can be referred to the arbitration scheme arranged by ABTA, see www.abta.com
12. SERVICE CHARGES: In certain circumstances we apply a service charge for the services we provide.
- Cancellation or amendment Principal’s charge + £25 per person
- Special requests after booking has been confirmed Principal’s charge + £35 per person
- Credit card charge - 2.00%.
- From the 31st of December 2017, no credit card fee will be charged. We do not accept AMEX payments.
- Pre-booking airline seats after confirmed booking - Principal’s charge + £35
- Flight bookings - Principal’s charge + £25 per person
You should also read these booking conditions in conjunction with our Frequently Asked Questions, which provide insight into the practical aspects of the holiday.
1. CONTRACT: Please read these booking conditions carefully as they, together with the specific information about your confirmed accommodation, form the basis of your contract with Really Good Holidays Ltd (trading as Seamaster Yachting) of 15 Norbiton Ave, Kingston upon Thames, KT1 3QR.
2. PRICES: We reserve the right to alter any of our advertised accommodation prices. You will be advised of the current price of the accommodation that you wish to book before your contract is confirmed.
3. MAKING A BOOKING AND PAYMENT: When you have chosen your yacht and you make a request to us to book it, you must pay a deposit of 50% of the full cost of the booking, or the full cost of the booking if you are booking within 10 weeks of your arrival date. Your booking is confirmed and a contract between us exists when we issue our confirmation invoice/email. Please check your confirmation carefully and report any incorrect or incomplete information to us immediately. Please ensure that names are exactly as stated in the relevant passport. If you have paid a deposit, the balance of the cost of your accommodation is due 10 weeks before departure. If it is not received in time we will remind you that it is overdue. If you do not pay within 7 days of this reminder we will cancel your booking and retain your deposit. Payments by credit card will attract a credit card charge of 2%. The cost of your accommodation does not include any extra chargeable services that you may use whilst at the accommodation. These are payable direct to the charter company.
4. YOUR RESPONSIBILITY FOR YOUR BOOKING: When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. This means that you are responsible for making all payments due, notifying us if any changes or cancellations are required and for receiving the confirmation and keeping your party informed.
5. QUALIFICATIONS: It is your responsibility to ensure that you have the correct qualification to sail in the country you have booked. As a guide only, in Greece, Turkey and Italy at least one person on board is required to have at least a Day Skipper or International Certificate of Competence (ICC) certificate or equivalent. In Croatia you must have the appropriate qualification as listed here. In Spain you are required to have an ICC certificate. We recommend that you ask Seamaster Yachting for clarification prior to booking.
6. INSURANCE: It is your responsibility to ensure that you are adequately insured. We require you to take out travel insurance, which will include cover against the cost of cancellation by you and assistance (including repatriation) in the event of accident or illness.
7. IF YOU WANT TO CHANGE YOUR BOOKING: After our confirmation has been issued, any requests for changes must be sent to us in writing, by email, fax or post, by the person that made the booking. We cannot guarantee that we will be able to accommodate your request but we will try to do so. You will be asked to pay an administration fee of [£35] plus any charge made by the accommodation supplier. These are likely to be higher the closer you get to your arrival date, so contact us as soon as you can. If you change the number in your party, the accommodation price will be re-calculated. If the party size is reduced, this is likely to mean the remaining members paying more due to under-occupancy.
8. IF YOU WANT TO CANCEL YOUR BOOKING: The person that made the booking must put this in writing to us, by email, fax or post. Because we incur costs in cancelling confirmed bookings, particularly if cancellations occur close to arrival date, you will be charged a cancellation fee. Cancellation fees: If you cancel (this is the date on which we receive your written notice of cancellation during the hours of 9am to 5.30pm):
a. 35% of the total yacht charter price if a reservation has been cancelled more than 2 months prior to the first charter day.
b. 65% of the total yacht charter price if a reservation has been cancelled more than 1 month but less than 2 months prior to the first charter day.
c. 100% of the total charter price if a reservation has been cancelled less than a month prior to the first charter day. In this category of cancellations are also the situations when the Client does not come for the check-in (no-show-up), or when the Client leaves the Vessel prior to the contracted check-out time (early-abandon case) – in all such cases a 100% cancellation fee applies and Client does not have a right for any refund.
d. Also, if skipper was reserved and then cancelled by Client, skipper fee has to be paid nevertheless, according to the same percentages as listed above (35% of the total skipper price if skipper was cancelled more than 2 months prior to the first charter day, 65% for 1-2 months and 100% for less than 1 month). The same holds true also in case of a hostess or cook. Cancellation of skipper, hostess and cook is charged regardless of whether the Vessel booking has been cancelled or not.
e. If you have booked flights with us and cancel your holiday, you will lose the entire cost of the flights (as per the underlying flight conditions).
9. IF WE CHANGE OR CANCEL YOUR BOOKING: We reserve the right to change or cancel your booking if so required. Subject to the note below, if we make a change and you don’t want to accept it, you can take any alternative comparable yacht we are able to offer you, with a suplement or refund of any difference in price, or a refund of the money you’ve paid to us. This does not apply where the change is not material. Examples of non-material changes include, but are not limited to, a yacht within the same yacht class or with a difference of two years in age. We will not be responsible to pay any compensation following a change or a cancellation by us. Any amendment or cancellation fees you incur in terms of other arrangements you have made with other providers under separate contracts are not claimable from us. Note: If a change or cancellation occurs because of circumstances beyond our control, for example war, riot, industrial dispute, actual or threatened terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions, flood, epidemic or pandemic illness and all similar situations we will have no liability to you. No compensation, costs, expenses or any other sums, including the cost of securing alternative accommodation will be paid by us.
10. OUR RESPONSIBILITY FOR YOUR BOOKING: We have a duty to select the yacht charter providers with reasonable skill and care. We have no liability to you for the actual provision of the yacht, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the provider with reasonable care and skill, we will have no liability to you for anything that happens at the yacht or any acts or omissions of the provider or others. We also have no liability in the following situations:
i. where the accommodation cannot be provided as booked due to circumstances beyond our control (see the Note in clause 8)
ii. where you incur any loss or damage that could not have been foreseen at the time of your booking, based on the information provided by you.
iii. where you incur any loss or damage that relates to any business activity.
iv. where any loss or damage relates to any services which do not form part of our contract with you.
If we are found liable to you on any basis, we limit the amount we have to pay you to a maximum of three times the cost of your accommodation. This limit does not apply to cases involving death or injury.
11. BEHAVIOUR: When you book accommodation through us, you accept responsibility for the proper conduct of all members of your party during your stay. We reserve the right at any time to terminate the stay of any party member(s) whose behaviour is such, in the reasonable opinion of the yacht charter provider or us, as to cause or to be likely to cause danger, upset or distress to anyone else or damage to property. Full cancellation charges will then apply and no refund will be given. Furthermore, we shall be under no obligation whatsoever to pay compensation or meet any costs or expenses (including but not limited to alternative accommodation) you may occur as a result of your stay being terminated. If you cause damage to the accommodation in which you are staying, you must fully reimburse the yacht charter provider concerned for the cost of the damage before the end of your stay if the cost has been established by then or as soon as it has been established if later. You must also indemnify us for the full amount of any claim (including all legal costs) made against us by the yacht charter provider or any third party as a result.
12. CHECK-IN AND CHECK-OUT: Check-in is after 17:00. If you check-in after midnight, your accommodation has been reserved for you from the previous day and this counts as the first night of your stay. Check-out is at 09:00, which typically means being back to the base on the previous night. Any variation to these terms must be agreed in writing with Seamaster Yachting or the underlying yacht charter company.
13. YACHT SECURITY DEPOSIT: You are required to leave a security deposit at the base in the amount communicated to you prior to booking. If you are not clear on this amount, please contact Seamaster Yachting. This represents your maximum liability in case of damage or loss incurred by you. It includes, but is not limited to, damage to the yacht and fittings, unpaid fuel, relocation costs, blocked toilets, and any damage or loss incurred to any third party due to your actions (or inaction). If you are hiring a skipper from Seamaster Yachting, they are insured and take on responsibility for any damage or loss to the yacht or third party caused by their actions (or inactions). Clients must still leave a security deposit.
14. COMPLAINTS: If you have a problem during your stay, please inform the yacht charter provider immediately, who will endeavour to put things right. You should also try to find a solution whilst you're there. If your complaint is not resolved locally, please follow this up within 14 days of your return home by writing to us at email@example.com giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to identify your concerns quickly and speed up our response to you. 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 in resort and this may affect your rights under this contract. Please bear in mind that we are only liable to compensate you in line with these booking conditions - in particular clause 9 above makes clear that our obligation is to choose the yacht charter provider with reasonable skill and care. Any dispute or claim arising out of this contract that can't be settled between us can be referred by you to ABTA arbitration (see clause 14) or court. We agree that the courts of England and Wales have jurisdiction and English law applies (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scots or Northern Irish law, as applicable.)
15. FINANCIAL PROTECTION: The monies you pay to us for your accommodation are protected by means of a bond held by ABTA. This means that, if in the unlikely event of our insolvency your accommodation can't be provided, you will receive your money back or, if your stay has started, arrangements will be made for you to be able to continue as planned.
16. ABTA: We are a Member of ABTA, membership number P6661. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with this contract. The arbitration scheme is arranged by ABTA and administered independently. It provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. The scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking form. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within eighteen months of the date of return from holiday. Outside this time limit arbitration under the Scheme may still be available if we agree, but the ABTA Code does not require such agreement. For injury and illness claims, you can request the ABTA Mediation Procedure and we have the option to agree to mediation. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.