Terms

The specification and inventories of the boat chartered, are both provided in good faith by Sail in Turkey and are exclusively based on the information provided by the Charter Company. Sail in Turkey guarantees that the maximum effort will be made to ensure that all information is accurate, but cannot guarantee that the boat will depict the exact details described in the specifications, as the former information is provided by the Charter Company.

Images of boats (if not actual ones) are oriented and intended to give an idea of the yacht available for charter. Sail in Turkey represents them in good faith as well, but there might be differences between the yacht shown on the Specifications/Images and the yacht chartered.

Should the specified Yacht not be available, Sail in Turkey reserves the right to substitute with a similar Yacht. However, this is strictly subject to the Charter Company’s availability.

A contract exists as soon as Sail in Turkey has received the completed booking form, and the full deposit whereupon booking confirmation will be issued. Notification of discrepancies should be made immediately.

The Agreement between the client and the Charter Company is officially put into force when the written confirmation/Contract of the booking is sent out/dispatched and deposit paid.

The Charterer must be over the age of 18 years and confirm that he/she and/or the crew members are capable and competent to sail the yacht in the cruising area of the yacht.

It is a requirement, by Turkish Law, that the skipper must hold an RYA Day or Coastal Skipper qualification or an international equivalent such as the ICC qualification. In addition, at least one other crew member should be a competent sailor.

The charter offer is valid for sailing in Turkish waters.  If the Charterer wish to sail in the Greek Islands they will be required to give prior notice in order to complete the required paperwork.  The Charter Company will organise this for the Charterer in Turkey and through the agents in Greece. Please be aware that there will be an additional cost for custom clearance.

A deposit of 50%  of the charter fee will be required at the time of booking as confirmation.

Sail in Turkey reserves the right to alter the price of a booking should it be absolutely necessary due to a fluctuation in exchange rates. However, we commit to no changes within 30 days of departure. Only increased costs caused by Government or State action will be applied after this time.

The balance of the price of your holiday must be paid 6 weeks prior to your departure date. If the balance is not received by the due date Sail in Turkey reserves the right to cancel the holiday, retain the deposit and to levy any cancellation charges. Bookings made within the 6 week period must be paid in full at the time of booking.

All local costs will be required to be paid at the base in cash.  These include payment for charter pack, outboard, linen & towels, airport transfers, yacht security deposit & any additional options you have requested in Turkey.   

The Charterer is responsible for additional running expenses occurring during the charter such as food, pilotage, mooring and docking fees, port charges, cruising taxes and customs, these charges are not part of the charter package.

It is the Client’s responsibility to purchase adequate travel or cancellation insurance to cover themselves and/or their crew against any losses, accidents or cancellations. In addition, the Charterer is encouraged to review his current health and liability insurance to ensure proper coverage during the period of his charter.

Once the following formalities have been completed the charterer is in possession of the yacht , for the agreed dates.

a) Full payment of the charter

b) Submission of Crew list and arrival details (no later than 2 weeks prior to charter)

c) Submission of Sailing Certificate and Experience Report – at the time of booking

d) Refundable Yacht Security Deposit is received at the Base.

The Charter Company will provide a navigable yacht equipped pursuant to the laws and regulations in force of the flag and registration of the yacht at specified start time.

The Charter Company will issue the boat papers specifying the navigation area, period authorised and area/boat covered by insurance.

Sail in Turkey is responsible to ensure that the Contract signed by the client is in accordance with the charter booked. We accept to take responsibility in case the Client suffers any loss, caused due to the negligence of a Sail in Turkey team member. However, in case that losses are caused by parties not employed by Sail in Turkey or by parties which are not under our jurisdiction (i.e. airlines, tour operators, travel agents, base staff on spot or yacht owners), we will not be responsible for any type of loss – including inconvenience – caused by the acts or defaults of the aforementioned independent parties.

Furthermore, in case of a Charter disruption caused by ‘force majeure’ or third parties’ liability, we accept no responsibility for and shall not be liable for any of the aforementioned reasons. Indicative cases might be Acts of God like fire, hurricane, earthquake, political unrest and flood or disruptions, loss or damages caused by the actions or defaults of independent parties like non-provision of any flights, trains or ferries, preventing clients from making the most of their charter.

Should the Charter Company discover that the client is not competent to handle a yacht, the Charter Company reserves the right to terminate this agreement forthwith with no refund of Charter fees or, if available, employ a skipper for an additional charge, payment cost to the Charterer.

It is a requirement, by Turkish Law, that the skipper should have previous skippering experience aboard yachts of a similar size to that being chartered. He/she must hold an RYA Day or Coastal Skipper qualification or an international equivalent such as the ICC qualification. In addition, at least one other crew member should be a competent sailboat sailor, who ideally has sailed with the skipper previously.

The Charterer acknowledges that Sail in Turkey does not independently investigate the competency of any Charterer to sail, but relies solely on the information provided (Sailing Certificate or Experience Report). The Charterer agrees not to sail the Yacht single-handed and to ensure at all times a competent skipper (over 18 years of age) and leading crew member are aboard except while safely moored.

The Charter Company reserves the right to terminate the arrangement without liability if the Charterer’s behaviour (in the Charter Companys reasonable opinion) is causing distress, damage, danger or annoyance to the crew, other customers, staff, any third party and property the Charter Company shall not be liable for any costs incurred.

Should the Charterer not be present at the specified date/time due to whatever reason, the Charter Company reserves the right to reset the time of delivery within a 24-hour period thereafter. The Charterer must examine the Yacht prior to departure to determine whether the vessel and dinghy are in good working order, are properly outfitted with all standard safety equipment and accessories as well as any other requested items (inventory).

Acceptance by the Charterer certifies that Charter Company has fulfilled its obligations. Sail in Turkey and the Charter Company strictly prohibits the use or consumption of illegal drugs on board. Sail in Turkey and the Charter Company shall not be held liable for claims resulting in property damage arising from or related to consumption of alcohol or drugs.

The Charterer agrees to take on board the number of Passengers stated on the Crew list (this must not exceed the maximum number that the yacht is licensed for according to Turkish law). The yacht is only to be used for pleasure. Racing is not permitted except for pre booked events when specific conditions apply.

The vessel shall not transport merchandise, engage in trade, nor in any way violate the laws of any other government within the jurisdiction. Rafting to another vessel at anchor is strictly prohibited. Night sailing (between 30 min before sunset and 30 min after sunrise) is not permitted. The Charterer agrees to restrict the use of the Yacht to the ‘cruising area’.

The charter offer is valid for sailing in Turkish waters.  If the Charterer wish to sail in the Greek Islands they will be required to give prior notice in order to complete the required paperwork.  The Charter Company will organise this for the Charterer in Turkey and through the agents in Greece. Please be aware that there will be an additional cost for custom clearance.

It is the responsibility of the charterer to observe the laws of any country the Charterer visits and to report the arrival and departure of the yacht to the harbour master. Animals are not allowed on any of the yachts.

The Charterer agrees to return the yacht fully equipped, clean, refuelled and in the same condition as first delivered. The Charterer should allow sufficient time to make this re-delivery taking into account prevailing weather conditions. Should the Charterer be delayed, the Charter Company needs to be informed immediately. Otherwise the Charter Company has the right to:

a) Charge a pro rata fee for the time the delivery is delayed plus 25% for any loss that the Charter Company or the Yacht Owner may sustain due to the delayed delivery.

b) Charge for all expenses involved in returning the yacht to the originally agreed port (should the yacht be left at any other location).

All Yachts are covered by a standard marine Yacht policy against direct physical loss to the vessel, bodily injury, property damage and civil liability. Said insurance is subject to specified deductibles for which the Charterer is responsible.

The policy provides full cover for the yacht and 3,000,000 euro third party cover for the skipper and crew. The Charterer and crew remain responsible for loss or damage from negligent or wilful misuse of the Yacht or failing to adhere to the Charter Company briefing or onboard instructions.

It is the Client’s responsibility to purchase adequate travel or cancellation insurance to cover themselves and/or their crew against any losses, accidents or cancellations. In addition, the Charterer is encouraged to review his current health and liability insurance to ensure proper coverage during the period of his charter.

A refundable payment is required to cover the possibility of damage to the yacht and its equipment.

Refundable Yacht Security deposit £1800 – £5000 (dependant on yacht size) will be taken at the base or held by the booking agent and the charter party will be responsible for the costs of any damages to the yacht and fittings and ancillary items up to the value of the yacht security deposit.

While clients are on board, they are in full charge and hence responsible for the yacht’s equipment. This means they are fully liable for any damage caused to the boat, its equipment or third parties. Any damages caused will be deducted from their Security Deposit, which will have been pre-authorised on their card or will have been paid in cash prior to their embarkation. Clients will be considered responsible for the actions of children or third parties visiting them on board and will, therefore, be invoiced accordingly at the end of the charter for any damages or losses caused, no matter if the former were caused by negligence or not.

Please note this does not include loss or damage to outboard engine and dinghy or parts thereof, and in these instances, the yacht security deposit is not the maximum liability of the Charterer and full repair/replacement value will be due by the Charterer.

Please note the yacht security deposit does not cover any acts of gross negligence, sailing under the influence of alcohol or drugs or taking the yacht single-handed and in these instances, the yacht security deposit is not the maximum liability of the Charterer.

In the event of damages, collisions and loss of equipment, the Charterer must take all reasonable steps to minimise further loss.

The incident must be reported immediately to the Charter Company.

The charterer must promptly report the incident to the local Authorities of any damage or loss to people or other property. In the case of an emergency (i.e. a situation that is likely to cause injury or damage the yacht) then the Charterer should contact the Charter Company base and agree on the price to be paid for a tow. Failure to comply with these terms may void the insurance coverage and the yacht security deposit.

The Charterer must notify the Charter Company about any visible damage to the yacht prior to embarkation.

In case of a complaint/claim arising during a charter, the Client should first contact the Base Manager or the yacht management company’s office on the spot. If an issue is not solved locally, we commit to receive the Client’s claim in writing and pass it to the Charter Company within 30 days from the charter’s end date. The Charterer/Client hereby acknowledges and admits that any dispute or claim arising out of this Contract is between the Client and the Charter Company and clearly not with or against Sail in Turkey Ltd, which acts as an intermediate.

Charter yachts – in the extremely rare occasion, where for unexpected reasons you are not provided with the boat booked, you will be offered an alternative choice. In case this is of considerably lower standards compared to what was originally reserved, we commit to take practical and realistic steps to make sure that a refund of the charter fee paid is processed or a credit note to be used as future discount or payment on a potential yacht charter is issued. In absolutely, no conditions will Sail in Turkey be responsible for repaying any funds nor shall be considered liable against the Client, in case that the Charter Company is unable to secure any payments.

In the event that Sail in Turkey has to cancel the booked charter within the 6 week final payment period an alternative yacht will be offered of equal or higher standard (if available) or a full refund will be given.

There will be no compensation paid in case of Force Majeure.

Cancellations must be made in writing, by the lead party name, and received by Sail in Turkey prior to the start date. The date received by Sail in Turkey office will be the date used to determine cancellation charges which are levied on the following scale:

• Date of booking to 6 weeks prior to charter start date 50% of the charter fee. 
• 6 weeks prior to start of charter 100% of the charter fee

Should the Charterer need to make a change to the booking after confirmation has been sent, e.g., yacht dates, crew changes, after the 6 week final payment period Sail in Turkey reserve the right to make an administration charge of 50 GBP. Should the Charterer request any major alterations during the 6 week final payment period it will be treated as a cancellation and re-booking. Any alterations should be made in writing.

Any bank charges incurred will be deducted prior to refund payments.

No sailing experience is required if you book a skipper for the whole duration of your charter.

One of your berths must be allocated to your skipper and/or hostess. Food and refreshment for the skipper (and/or Hostess) is the responsibility of the Charterer during the charter period.

Sail in Turkey booking Terms & Conditions relating to the company’s operation are subject to the Laws of England and Wales.