Terms and Conditions
The following Booking Conditions together with the General Information contained on our website www.eclipseyachting.com form the basis of your contract with Eclipse Yachting Ltd (“we”, “us” and “our”) whose registered office is at 51 Wetherby Mansions Earls Court Square London SW5 9BH, London. Save where otherwise stated, all bookings are subject to these Booking Conditions. In these Booking Conditions, “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them as the context requires. “Holiday” and “arrangements” means the yacht charter that you book through us.
Please note, where we take or make a Eclipse Yachting booking for you, we act in our capacity as booking agent only. Your contract will be directly with the yacht charter supplier as applicable.
1. Making your booking
You can initiate a booking by telephoning us direct, sending an enquiry online at our website or by email. We will then register your options on our booking system and send you an e-mail with confirmation details. You will have the chance to confirm your option(s) on and make the appropriate payment (see clause 2 below) by credit or debit card using our paypal account, or register your intention to pay by bank transfer. For all bookings, the party leader must be at least 18 and must be authorised to make the booking on the basis of these Booking Conditions by all persons named on the booking. The party leader is responsible for making all payments due to us. All correspondence will be sent to the party leader.
Once we have received your confirmation and all appropriate payments (see clause 2 below), we will confirm your holiday by issuing a confirmation invoice. This invoice will be sent to the e-mail address registered on your secure client web page. Please check this invoice carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies in any document within ten days of our sending it out.
In order to confirm your chosen travel arrangements, a deposit of 30% of the holiday price (or full payment if booking within ten weeks of the date your arrangements with us are due to commence) must be paid at the time of booking.
If we do not receive all payments due (including any surcharge where applicable) in full and on time, we are entitled to assume that you wish to cancel your booking. In this case cancellation charges may be payable – see clause 6.
3. Your contract
A binding contract between us comes into existence when we despatch our confirmation invoice to the party leader. We both agree that English Law will apply to your contract and to all matters arising out of it (except as set out below). We both also agree that any dispute, claim or other matter of any description which arises between us must be dealt with the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any dispute, claim or other matter of any description which arises between us governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).
Changes to these Booking Conditions or the General Information shown in our website and brochure will only be valid if agreed by us.
4. The cost of your travel arrangements
We reserve the right to make changes to and correct errors in advertised prices at any time before your travel arrangements are confirmed. We will advise you of any error of which we are aware and of the then applicable price at the time of booking.
Please note, changes and errors occasionally occur. You must check the price of your chosen travel arrangements at the time of booking.
5. Changes by you
Should you wish to make any changes to your confirmed holiday arrangements, you must notify us in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests. Where we can, an amendment fee of £15 per person/per booking will be payable together with any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers.
6. Cancellation by you
Must be confirmed in writing to the Company by the Charterer (i.e. the lead name) together with the return of any valid travel documents. These must be received by the Company prior to the departure date. The date on which the Company receives written cancellation will be the date used to determine cancellation charges. If the cancellation is made 45 or more days before the departure date, the Company reserves the right to keep 50% of the charter amount, and if the cancellation is made within 45 days before the departure date, the Company reserves the right to make no refund of the total amount. If a skipper has been ordered then the client is obliged to pay the skipper fee in its entirety, even in the case of cancellation.
The Company requires that all clients take out personal travel/holiday insurance to cover the client for all medical, loss and cancellation. The Company will not be held liable for loss or damage suffered by the client whether insured or uninsured.
8. Changes and cancellation by us
We start planning the charter arrangements we offer many months in advance. Occasionally, we have to make changes to and correct errors in website and other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so.
Most changes are minor. Occasionally, we have to make a “significant change”. A significant change is a change made before the date that your arrangements with us are due to commence which, taking account of the information you give us at the time of booking and which we can reasonably be expected to know as a tour operator, we can reasonably expect to have a major affect on your travel arrangements. Significant changes are likely to include the following changes when made before the date on which the travel arrangements you have booked with us are due to commence; a change of accommodation to that of a lower official classification or standard for the whole or a major part of the time you are away, a change of accommodation area for the whole or a major part of the time you are away, and, in the case of tours, a significant change of itinerary missing out one or more major destination substantially or altogether*.
9. Force Majeure
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage or loss (as more fully described in clause 10(1) below) as a result of "force majeure". In these Booking Conditions, "force majeure" means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
10. Our Liability to you
(1) We promise to make sure that the travel arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury or your contracted travel arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted travel arrangements. Please note it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
(2) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:
the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or
the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or
'force majeure' as defined in clause 9 above
(3) Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised on our website and we have not agreed to arrange them and any excursion you purchase in resort. Please also see clause 15 “Excursions Activities and Website Information”. In addition, regardless of any wording used by us on our website, in any of our brochures or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
(4) The promises we make to you about the services we have agreed to provide or arrange as part of our contract - and the laws and regulations of the country in which your claim or complaint occurred - will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the travel arrangements in question.
(5) As set out in these booking conditions we limit the maximum amount we may have to pay you for any claims you may make against us. Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £1,000 per person affected unless a lower limitation applies to your claim under this clause or clause 10(6) below.
For all other claims which do not involve death or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay you is twice the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under clause 10 (6) below. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your travel arrangements.
(6) Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements forming part of your contract with us (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier or hotel keeper concerned would have to pay under the international convention or regulation which applies to the travel arrangements or hotel stay in question (for example the Athens convention for international travel by sea). Please note: Where a carrier or hotel would not be obliged to make any payment to you under the applicable International Convention or Regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question. Copies of the applicable International Conventions and Regulations are available from us on request.
(7) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any business losses.
(8)You must provide ourselves and our insurers with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint as set out in clause 11 below. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred.
11. Complaints and problems
In the unlikely event that you have any reason to complain or experience any problems with your holiday whilst away, you must immediately inform our representative and the supplier of the service(s) in question. Any verbal notification must be put in writing and given to our representative and the supplier as soon as possible and written in the complaints book located on the boat concerned. Until we know about a problem or complaint, we cannot begin to resolve it. Most problems can be dealt with quickly. If you remain dissatisfied, however, you must write to us within 28 days of your return to the UK giving your booking reference and full details of your complaint. Only the party leader should write to us. If you fail to follow this simple complaints procedure, your right to claim the compensation you may otherwise have been entitled to may be affected or even lost as a result.
When you book with us, you agree that you must comply with the rules and regulations applicable to the ship/boat you are sailing on and are found on board. You accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be paid direct at the time to the accommodation owner or manager or other supplier.
We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the travel arrangements of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the vessel or other service concerned. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
13. Conditions of suppliers
Many of the services which make up your travel arrangements are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions (see clause 10 (6)). Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.
14. Special requests and medical problems
If you have any special request, you must advise us in writing at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met unless we have specifically confirmed this. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability.
If you or any member of your party has any medical problem or disability which may affect your travel arrangements, please tell us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements.
15. Excursions, activities and website information
We cannot guarantee accuracy at all times of information given in relation to activities or excursions available in or about the resorts/area you are visiting generally (except where this concerns the services which will form part of your contract with us) or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control. If you feel that any of the activities mentioned on our website or brochure which are not part of our contract are vital to the enjoyment of your holiday, write to us immediately and we will tell you the latest known situation. If we become aware of any material alterations to resort/area information and/or such outside activities which can reasonably be expected to affect your decision to book travel arrangements with us, we will pass on this information at the time of booking.
16. Passports, visas and health requirements
The passport, visa and health requirements applicable at the time of printing to British citizens for the travel arrangements we offer are shown elsewhere on this website. A full British passport presently takes approximately 4 weeks to obtain. If you or any member of your party is 16 or over and haven't yet got a passport, our recommendation is that you should apply for one at least 6 weeks before your holiday. The UK Passport Service has to confirm your identity before issuing your first passport and from October 2006 will ask you to attend an interview in order to do this.
Requirements may change and you must check the up to date position in good time before departure with the Embassy or consulate of the country(ies) you are travelling through and to. Information on health is contained in the Department of Health leaflet T6 (Health Advice for Travellers) available from your local Department of Health office and most Post Offices. For holidays in the EEA you should obtain an EHIC (European Health Insurance Card) prior to departure.
It is the party leader’s responsibility to ensure that all members of the party are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you or any member of your party are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. If you or any member of your party is not a British citizen or holds a non British passport, you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel. If failure to have any necessary travel or other documents results to fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
17. Prices and Brochure Accuracy
Please note, the information and prices shown on our website or brochure may have changed by the time you come to book your travel arrangements. Whilst every effort is made to ensure the accuracy of the website/brochure and prices at the time of publication, regrettably errors do occasionally occur. You must therefore ensure you check all details of your chosen travel arrangements (including the price) with us at the time of booking.
This website is our sole responsibility. It is not issued on behalf of and does not commit any independent organisation/carriers whose services are featured in it.
18. Safety standards
Please note, it is the requirements and standards of the country in which any services which make up your travel arrangements are provided which apply to those services and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may sometimes be lower.