1. OUR DETAILS
Your booking is with SAILMED TUR. YATCILIK ITH. IHR. SAN. VE TIC. LTD.STI. registered address at Karagozler Mahallesi Fevzi Cakmak Caddesi Tombak Apt. No 29/B Fethiye Mugla Turkey (from now on will be referred as “we”, “us”, the “Company” “Charter Company” or “our”). Also From now on Charterer will be referred as “you”, “your”, “client”
2. YOUR HOLIDAY BOOKING
2.1. To make a booking you can contact us either directly over the telephone by calling the number on our website or via our website at www.sail-med.com or our sister website at www.sailecclesia.com.
2.2. Deposits and payment schedules; 50% of the total yacht charter fee is payable at the time of the booking – the balance payment of 50 % has to be finalised 6 weeks prior to departure.
2.3. A booking will exist as soon as we issue our confirmation invoice (the “Booking Confirmation”). This booking is made on the terms of these booking conditions. The person making the booking (the “lead name”) must be 18 years old or over and 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.
2.4. Whether you book alone or as a group, we will only deal with the lead name in all subsequent correspondence, including changes, amendments and cancellations. The lead name is responsible for ensuring the accuracy of the personal details or any other information supplied in respect of yourself and any other person travelling on the booking and for passing on any information regarding the booking or any changes made in relation thereto, to all persons travelling on such booking, including but not limited to information on schedule changes or copies of booking confirmations.
2.5. When you receive the Booking Confirmation and your departure documents please check the details carefully and inform us immediately if anything is incorrect. Names on travel documents must exactly match those in your passports.
2.6. We may not be able to confirm some of our ground arrangements straight away (e.g. bespoke accommodation, tours etc.). In these instances we may issue a Booking Confirmation. However, a
contract for arrangements that have not been confirmed on that Booking Confirmation will only be made when we have sent you written confirmation that those additional arrangements have been completed. If there is any change to any of the details discussed at the time of booking, before the Booking Confirmation is issued, we will notify you promptly of any new or changed details, including a change to the total price (if any). If any detail on the Booking Confirmation is not correct tell us or your travel agent immediately.
2.7. Your personal safety is of paramount importance to us and therefore it is imperative that you advise us at the time of booking of any condition, medical or otherwise, that might affect your or other people’s enjoyment of the trip. This should include, but not be limited to; any special dietary requirements (including, for example, allergies) and any reduced mobility affecting you or members of your booking. Please contact us by email at firstname.lastname@example.org to discuss any such requirements.
2.8. By making this booking you confirm that you and/or members of your crew/party are capable and competent to sail the yacht in the conditions and cruising area of charter in-line with port authority regulations of Turkey. As the Lead Name, you are responsible for ensuring you have the necessary documentation for the cruising area. Safety is a No.1 priority and the Turkish authorities require yachts sailing in Turkey to have a skipper and all skippers to hold an approved license. An RYA Day or Coastal Skipper qualification, or ICC qualification will normally suffice. Although our monohulls are relatively easy to sail, we usually ask that all skippers have experience in sailing yachts of a similar size and ideally a crew member or guest some sailing knowledge to assist with anchoring, manoeuvring and other nuances of chartering a yacht. With the booking confirmation you are required to fill the skipper resume sent to you. If you are lacking the confidence or ability, please contact us and consider hiring a skipper.
2.9. All prices we advertise are accurate at the date published, but we reserve the right to change any of those prices from time to time. In the unlikely event of an administrative error leading to an incorrect price being displayed, we reserve the right to correct it (including after a booking has been confirmed). Offers are not combinable unless expressly stated and may be withdrawn at any time. All quotations are provisional until confirmed in writing on your Booking Confirmation. Before you make a booking we will give you the up-to-date price of your chosen holiday including the cost of any supplements, upgrades or additional facilities which you have requested.
3. IF YOU DEMAND ANY CANCELATION OR CHANGES
Your right to refund is limited. Cancellation/refund requests must be in writing and cannot be made verbally. Cancelled reservations may be reinstated at then current rates, subject to availability, current package inclusions, and reinstatement fees. Charges and fees for products, services, attractions or excursions to be supplied in addition to the base charter package are non-refundable. The following cancellation policy and terms apply:
Period before departure when written notice of cancellation is received
Cancellation charge as a % of total holiday cost
120 or more days before the charter
250 € flat fee
119 – 43 days before the charter
50% of the deposit
0 – 42 days before the charter
100 % of the total holiday cost
Please Note: We strongly recommend that you purchase travel insurance to cover your booking and travel arrangements.
If, after our Booking Confirmation has been issued, you wish to (i) make a change to your existing booking or (ii) change to another vacation, destination or change departure date, we will try to make the changes subject to availability, provided that notification is received in writing at our office from the lead name and subject to the following conditions:
With regards the yacht charter element of your booking, we will not charge you fees to amend your booking in the following circumstances:
– To correct an incorrect initial, first name, surname or title
– To change your crew members (providing the Lead Charterer does not change)
4. IF WE CHANGE OR CANCEL YOUR HOLIDAY
4.1. The arrangements for your charter are made many months in advance and it is inevitable that changes will sometimes become necessary. We reserve the right to make such changes if they do become necessary. Most of these changes will be minor and we will advise you of them as soon as possible. If major changes (for example not equivalent boat, new destination, new dates) that might affect the overall standard of your charter are made after your booking (such as, for example, a delay in delivery of the yacht of more than 24 hours), you will be notified as soon as reasonably possible and we will offer you an alternative charter if there is time before your departure. In most cases, we will offer an alternative charter which is the same price, or more expensive than the charter you originally booked. If an alternative charter suggested by us is cheaper, you are entitled to a refund of the price difference.
4.2. We also reserve the right to recall the yacht due to unexpected circumstances (e.g. severe weather conditions etc.) in which case we may give you a credit certificate for use on future charters, extend your charter, or cancel your charter. Notwithstanding the foregoing, no refund or compensation will be paid if your charter is cancelled due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not be avoided even if all due care had been exercised; such as (by way of example and not by way of limitation) war, riots, civil disturbances, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions, acts of God, unforeseeable technical problems with transport for reasons beyond our control or that of our suppliers, closed or congested ports, hurricanes and other actual or potential adverse weather conditions, flood, epidemics, health risks or pandemics or any other similar events or unforeseen circumstances that may amount
to force majeure.
4.3. We reserve the right to refuse to accept you as a customer or continue dealing with you if we, or another person in authority, believe your behaviour is disruptive, causes unnecessary inconvenience, is threatening or abusive, you damage property, you upset, annoy, disturb, or put any other traveller or our staff in the resort in any risk or danger, on the telephone, in writing or in person. Depending on the consequences of disruptive behaviour and the harm you have given, company reserves the right to refuse to refund the remaining days.
5. NAVIGATIONAL/SAILING LICENCE
5.1. Prior to handing over the Vessel, the Charter Company will request proof of previous sailing experience and request it to be presented with the sailing licences or certificates of qualification necessary for skippering a vessel in the agreed boat class and sailing area. If you have any queries or concerns regarding your experience or qualifications it is important you raise them with us prior to making your booking.
5.2. In the event of any doubts concerning the qualification for safe skippering of the chartered yacht and crew, then we may appoint or arrange for a skipper of our choice for you, at your expense. Should this not be possible, or should you not agree, we may refuse to handover the Vessel, and you shall not be entitled to any refund.
6. SECURITY DEPOSIT
The security deposit can be paid in cash or credit card. On return of the yacht to the base following the charter period and following inspection of the yacht by our base staff, in the event that we are satisfied that there is no apparent damage to the yacht on its return from you, our base staff shall, where applicable, refund the relevant Security Deposit paid by you to you as it has been paid – i.e. by credit card or cash.
7. YATCH HANDOVER PROCEDURE (CHECK IN)
7.1. Check in: from 17.00 on the first day of the charter. The yacht will be hand it over at the Ece Saray Marina after the briefing at our office, unless otherwise stated between 5 p.m. to 8 p.m. on Saturdays. If the Charterer does not take over the yacht within 12 hours from the agreed time without previously announcing it, the Charter company is authorised to unilaterally terminate the contract and the Charterer has no right to subsequently ask for compensation.
7.2. If due to whatever reasons Charter company is not able to deliver the reserved yacht in the agreed time and place, the Charter company has a 24-hour time, from the agreed time of taking over the yacht, to provide the Charterer with another yacht with equal or better standards and refund the client for the 24 hours he/she was not able to use the boat. If the Charter company does not succeed in doing so, the Charterer has the right to terminate the contract and to be reimbursed of the already paid amount. If the Charterer decides to wait for a substitutive boat more than the previously agreed 24 hours time, he/she can be refunded the amount of the rental for the days he/she was not able to use the boat. The responsibility of the Charter company for amounts higher than the amount of the rent, as well as for any other right of the Charterer for compensation, is excluded. Charter company shall not be liable for any delay due to the Acts of God or rough weather conditions.
7.3. The Charter company is obliged to give out to the Charterer a sea worthy and completely equipped yacht with full tanks of water and fuel, clean & ready for sailing. When taking over the boat, the Client is obliged to carefully verify and test the condition of the boat and its equipment, and verify whether the inventory checklist corresponds to reality. Eventual objections are presented exclusively before the beginning of the journey. Eventually concealed defects or deficits of the boat and/or the equipment, which were not known to Charter company when submitting the boat, as well as damage and defects after returning the boat that Charter company could not predict, do not give the Client the right to ask for discount on the price of the rent.
7.4. Before you leave base you will have an overview of the cruising area, safety inspection on board and yacht familiarisation briefing from our base team, including: All of the safety equipment, Cooking and refrigeration systems, Heads and showers, Engine and check in procedures, VHF radio and mayday instructions, All instruments including GPS, Charts and pilot books, Halyards, winches, reefing lines, rigging and controls, Anchor system, Dinghy and engine, and other systems
7.5. On board some of our yachts the Company will provide a complimentary Skipper for the first 3 hours of the charter to ensure the Lead Charterer is competent.
8. YACHT RETURNING PROCEDURE (CHECK OUT)
The Vessel shall be collected and returned as follows:
8.1.Check out: by 08.30 h on the final day of the charter. It is strongly advised that the Vessel must be returned to the home base the afternoon or evening of the day before checkout.
8.2. On the return of the Vessel; The Vessel’s condition, all technical functions (in particular, sail, lights and engine) and the completeness of accessory and inventory shall be thoroughly inspected using an equipment list (‘the Checklist’) by both you and our representative during check-out. We warrant that the Vessel and its equipment meet the requirements of the relevant statutes and regulations in the agreed charter shipping route. The seaworthiness of the Vessel and the equipment shall then be confirmed to be correct and in good order by both parties signing the Checklist prior to handover.
9.CHARTERER’S COMMITMENTS AND RESPONSIBILITIES
9.1. The Charterer is obliged to sail/cruise in Turkish waters and obliged to obey customs other rules and regulations. If the Charterer is planning of sailing/cruising outside of the Turkish waters, the Charterer is obliged to pre plan the itinerary, before the reservation has been confirmed and accepts the extra charges that will incur- i.e. transit-logs, marina fees etc.
9.2. The yacht is given to the Charterer’s usage with all proper documents necessary for renting (permit, registration, insurance), as well as with all other documents which are part of the yachts folder. The Charterer is obliged to handle and keep all received documents with extra care. When returning the boat, the Charterer must give back all received documents and their annexes.
The Charterer is obliged to keep records in the boat’s diary.
9.3. When sailing a Yacht you are obliged to have at least 2 persons on board at all times who must both be 18 years old or over and the skipper must be in charge of the yacht at all times.
9.4. The Charterer is obliged to inform the Charter company about all breakages and damage, no matter what caused them, and the Charter company shall inform the Charterer on the ways of fixing the damaged vessel and/or the change of equipment. The Charterer shall bear the costs of unauthorised fixing and unauthorised changing off parts of the equipment.
9.5. Loss and/or damage of the vessel the Charter Company shall seek to remedy, i.e. indemnify, covering those costs with caution money (Security Deposit). If the costs exceed the amount of caution money deposited, the remaining costs shall be covered by the insurance company which issued the insurance policy for the subject vessel. In case the damage and/or loss were/was a result of personal negligence or were/was caused intentionally, the Charterer bears all the costs. The Charterer is obliged to pay to the Charter company all material and legal expenses which may result from the acts and/or negligence of the Charterer, which are not covered by insurance and for which the Charterer is liable to third persons. The Charterer is particularly liable if the vessel was confiscated due to illegal activities.
9.6. As a result of your behaviour during any stage of your holiday, we reserve the right to make a claim against you for any damages, costs and expenses (including legal expenses) incurred as a result, including but not limited to;
-cleaning, repairing or replacing property lost, damaged or destroyed by you,
-compensating any passenger, crew, staff or agent affected by your actions and
-diverting the cruise for the purpose of removing you.
-Criminal proceedings may also be investigated. For the purposes of this section reference to “you” or “your” includes any other person in your party.
9.7. The Charterer is obliged to check the oil in the engine every day. The Charterer bears all the costs of the damage and the losses caused by the lack of oil in the engine.
9.8. In accordance with the weather conditions the Charterer is obliged, if using a vessel with sails, to promptly dip the sails, when necessary, and not to allow the vessel to be found sailing under more than one sail insuring comfortable sailing without excessive strains on rigging and the sails. Furthermore, the Client is obliged not to sail the vessel in any area not sufficiently covered by the charts at his disposal or without having previously studied the charts of the area and other printed aids on board thoroughly and not to sail the vessel outside daylight hours. Please note that Charterer is not permitted to sail/cruise in hours of dark which covers the times from sunset to sunrise.
9.9. The Charterer is obliged not to leave a port or anchorage if the wind force is predicted to be over 30 knots, or if the harbour authorities have imposed a prohibition of sailing, or without sufficient reserves of fuel, or its crew are unsafe or doubtful, or while the vessel or any of its vital parts such as engine, sails, rig, bilge pump, anchoring gear, navigation lights, safety equipment, etc. are damaged or are not in good condition, until such damage is indemnified.
9.10. It is not allowed to keep domestic animals (such as dogs, cats, birds etc.) on the vessel.
9.11. It is not allowed to take more passengers onboard than the boat is intended for, and to take more people onboard than the ones listed on the crew list. Any yacht or other accommodation we arrange for you must only be used by those people named on your Confirmation Invoice or on latest Amendment Invoice issued. You are not allowed to share the yacht or let anyone else stay on board.
10. INSURANCE and COVERAGE
10.1. We provide insurance for the Vessel. For bareboat charters, this insurance is subject to an excess amount equal to your security deposit. Your financial liability for any loss or damage covered by this insurance is limited to the amount of the security deposit but subject to the following exclusions which are not covered by insurance:
– damage which is caused deliberately, recklessly or by gross negligence,
– damages which would be covered by insurance but are not reported promptly to both us and the insurance company which are not be covered, as per the insurance policy.
10.2. You will be responsible for the full amount of any damages not covered by insurance, unless such damages were caused by us or our supplier(s). Damage to the hull of the Vessel must be followed by Vessel inspection, out of the water, which will be at your expense if you are held responsible for this discovered damage.
11. SPECIAL REQUESTS
We will consider special requests such as dietary requirements, extra safety gear etc when you book. We will tell you whether there is a charge for the request. We can only guarantee requests for which there is a charge, or those that are confirmed in writing. It is your responsibility to advise us of any special requirements. We regret we cannot accept any booking which is conditional upon the fulfilment of a particular request.
12. COMPLAINTS and ASSISTANCE
If you have a complaint about any of the services included in your holiday and/or need assistance whilst at sea, you must inform our office representatives without undue delay who will endeavour to put things right. We will provide our office representatives 24 hour contact details upon your arrival to the base.
13. ADDITIONAL ASSISTANCE and RESCUE OPERATIONS
If you’re in difficulty whilst on holiday and ask us to help we will provide appropriate assistance, in particular by providing information on health services, local authorities and consular assistance; and helping you to find alternative arrangements and any necessary phone calls/emails. You must pay any costs we incur, if the difficulty is your fault.
14. PASSPORT, VISA, HEALTH, TRAVEL, AND IMIGRATION
14.1. Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the Turkish Visa Office. Please visit
https://www.evisa.gov.tr/en/ website for the online visa application. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Cancellations due to travel documentation problems, your refund will be limited with the conditions stated article 3 of this contract.
14.2. Please note that for some trips we need to request special permits, and as such we will require your passport details prior to accepting your booking. Furthermore, if you renew your passport after you have booked, you may be required to take your old passport with you to maintain the validity of the permit.
15. DATA PROTECTION
16. LAW AND JURISDICTION
This booking is governed by Turkish Law, and the jurisdiction of the Turkish Fethiye Courts.
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If you would like to book our crewed catamaran charters or bareboat sailing holidays - please contact us now and we will offer you 10% discount for all bookings prior to 15th May 2020.