We, Sailing Around LTD, a company registered in England with company no. 15436428 and registered office address 1 Princeton Mews, 167-169 London Road, Kingston Upon Thames, Surrey, England, KT2 6PT (“Sailing Around”, “we”, “us”, or “our”), act only as agent in respect of all bookings we take and/or make on your behalf. We accept no liability in relation to any contract you enter into or for any travel arrangements or other services you purchase (“Arrangements”) or for the acts or omissions of any supplier or other person(s) or party(ies) connected with any Arrangements. For all Arrangements, your contract will be with the supplier of the arrangements (e.g. the Charter Company or Yacht Company) in question (the “Supplier/Principal”).
All references to ‘packages’ and ‘package holidays’ on this website, marketing material or in these Agency Terms & Conditions means packages organised by third party Supplier/Principals on whose behalf we act as an agent. We do not organise or sell packages in our own name.
By making a booking with us, the first named person on the booking agrees on behalf of all persons detailed on the booking that he/she:
When making your Arrangement booking we will arrange for you to enter into a contract with the applicable Supplier/Principal of the Arrangements, as specified on your confirmation invoice. As agent we accept no responsibility for the acts or omissions of the Supplier/Principal or for the Arrangements and/or other services provided by them. Your Arrangement booking with us is subject to these Agency Terms and Conditions and the specific terms and conditions of the relevant Supplier/Principal(s) you contract with, and you are advised to read both carefully prior to completing your Arrangement booking. The Supplier/Principal’s booking conditions may limit and/or exclude the Supplier/Principal’s liability to you. Please ask us for copies of these if you do not have them.
Your Arrangement booking is confirmed and a contract between you and the Supplier/Principal will exist when we send you confirmation on their behalf.
In order to book your Arrangement, we will send you a Reservation Confirmation (via email) detailing the Arrangement and associated details (price, destination and dates). In this same email, we may also send you the terms and conditions of the relevant Supplier/Principal which will govern the Arrangement booking. You will review this Reservation Confirmation and the Supplier/Principal’s terms and conditions (where provided) and confirm acceptance (by email) as well as pay the required deposit. In some cases, you may be required to sign the Charter Company’s contract as broker. Upon receiving your acceptance and deposit, we will proceed to confirm the Arrangement booking with the Supplier/Principal.
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 Supplier/Principal who may cancel your Arrangement booking and charge the cancellation fees set out in their terms and conditions.
Please note, a security deposit may be required by the Supplier/Principal. Details of the deposit amount and the terms for its return will be provided by us on the Supplier/Principal’s behalf, but the dealings around such security deposit remain between you and the Supplier/Principal.
Any monies you pay to us for the Arrangements will be held on behalf of the Supplier/Principal and forwarded on to the Supplier/Principal in accordance with our agreement with them.
Please note, not all details of the relevant Arrangements can be included on our website and they are subject to availability. All descriptions and content on our website or otherwise issued to you by us, is done so on behalf of the Supplier/Principal in question and are intended to present a general idea of the Arrangements provided by the Supplier/Principal.
Changes and errors sometimes occur. Therefore, we reserve the right to correct prices, amend errors and other details in advertised or confirmed prices at any time. You must therefore ensure you check the current price and all other details relating to the arrangements that you wish to book with us at the time of booking.
If you have any special requests (for example dietary requirements), please let us know at the time of booking. You should then confirm your requests in writing. We will pass on all such requests to the Supplier/Principal, but the fact it has been passed onto the Supplier/Principal or is noted on your confirmation invoice and/or any other documentation is not confirmation that the request will be met. Therefore, we cannot guarantee that any special request will be met and we will have no liability to you if they are not.
If you wish to cancel or amend your Arrangement, you must notify us in writing as soon as possible by emailing [email protected] by the first named person on the booking and will take effect at the time we receive it. Whilst we will try to assist, we cannot guarantee that the Supplier/Principal will meet such requests as any amendments and cancellations to the Arrangements can only be accepted in accordance with the terms and conditions of the relevant Supplier/Principal. Please ensure that you have received written confirmation of any changes to your Arrangement booking prior to travel.
The Supplier/Principal may charge the cancellation or amendment charges shown in their terms and conditions (which may be as much as 100% of the cost of the Arrangements and will normally increase closer to the date of departure). We will notify you of the exact charges applied by the Supplier/Principal at the time of amendment or cancellation.
We will inform you as soon as reasonably possible if the Supplier/Principal needs to make a significant change or cancellation to your confirmed Arrangement booking. If the Supplier/Principal offers alternative arrangements or a refund, you will need to let us know your choice within the stipulated time frame. If you fail to do so the Supplier/Principal is entitled to assume you wish to receive a full refund. We will also liaise between you and the Supplier/Principal in relation to any alternative arrangements offered by the Supplier/Principal, but we accept no liability for any changes or cancellations made to your Arrangement booking by the Supplier/Principal under your contract with them.
Your contract is with the Supplier/Principal and its terms and conditions apply. As agent, we accept no responsibility for the actual provision of the Arrangements you have booked. Our responsibilities are limited to making the Arrangement booking in accordance with your instructions. We accept no responsibility for any information about the Arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to 40% of the charter fee paid for your Arrangement (excluding any extras, security deposit or sums payable locally), or the appropriate proportion of this if not everyone on the Arrangement booking is affected. We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.
Supplier/Principals require you to take out adequate travel insurance as a condition of your Arrangement booking with them. Therefore, we strongly advise that you take out travel insurance and be satisfied that such policy fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness. If you choose to travel without adequate insurance cover, neither we nor the Supplier/Principal will be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
For yacht charters, we also strongly recommend that you obtain skipper’s liability insurance and security deposit insurance in addition to travel insurance. We do not sell, arrange or advise on insurance products of any kind; we only recommend that you obtain appropriate cover from an authorised insurance provider of your choice.
Where your Arrangement is a bareboat (self-skippered) yacht charter, you warrant that the nominated skipper (and, where required, co-skipper) holds a valid sailing licence or certificate of competence (e.g. ICC or equivalent) recognised by the authorities of the charter destination and acceptable to the Supplier/Principal, and that all information provided in the crew list is accurate. The Supplier/Principal may refuse handover of the vessel, without refund, if valid qualifications cannot be produced.
Responsibility for the operation, navigation and safety of the vessel, and for compliance with the laws and regulations of the charter area, rests solely with the skipper and the Supplier/Principal in accordance with the charter contract between you and the Supplier/Principal. The vessel is owned (or managed) and insured by the Supplier/Principal, and any matters relating to the condition of the vessel, its insurance, the security deposit or damage during the charter are governed by your contract with the Supplier/Principal. As agent, we have no responsibility for the vessel or its operation.
Because the contract for your Arrangement booking is between you and the Supplier/Principal, any queries or concerns about your Arrangement booking should be addressed to them. If you have a problem with your Arrangement booking whilst using them, this must be reported to the Supplier/Principal immediately. Please do keep us copied in on any complaint or correspondence with the Supplier/Principal — although your contract is with them, we are happy to assist where we can, liaise with the Supplier/Principal on your behalf, and help you reach a resolution. If you fail to follow this procedure there will be less opportunity for the Supplier/Principal to investigate and rectify your complaint and the amount of compensation you may be entitled to may therefore be reduced or extinguished as a result. If you wish to complain when you return home, write to the Supplier/Principal. You will see their name and contact details in any confirmation documents we send you.
If you wish to complain about any service we have provided to you (i.e. our Arrangement booking service) then please contact us directly at [email protected].
We may provide general information on entry, passport, visa and immigration requirements, safety and health formalities for your Arrangements on a complimentary basis. However, such requirements change on a regular basis and it is your responsibility to check the particular stipulations (in good time before departure) related to your Arrangement, in order to make your decisions and/or fulfil such requirements regarding your destination or country(ies) through which you are travelling. Please note that these requirements may change between booking and departure.
Such information which you may need to check includes (but is not limited to) passport requirements including (but not limited to) how valid your passport must be after the return date or whether your passport must be machine readable or which visas/waivers may be required for entry such as ESTA for USA travel, ETIAS for EU travel or ETA for UK travel.
You must check requirements for your own specific circumstances with the relevant bodies as applicable. We have provided a few useful resources below, though it is your responsibility to check and see if such body would be relevant to yourself:
For UK residents booking European travel, you should obtain a UK Global Health Insurance Card (UK GHIC) prior to departure which may provide limited medical treatment in most EEA countries. However, such cover may be extremely limited and for emergency purposes only. Nevertheless, all passengers to any destination should obtain comprehensive medical insurance prior to departure, including cover for emergency medical treatment and associated costs.
Neither we nor the Supplier/Principal accept any responsibility if you cannot travel because you have not complied with any entry, passport, visa and immigration requirements and/or safety and health formalities. You agree to reimburse us and/or the Supplier/Principal in relation to any fines or other losses which we incur as a result of your failure to comply with any entry, passport, visa and immigration requirements and/or safety and health formalities.
These Agency Terms & Conditions are governed by English law and we both agree that the courts of England and Wales have exclusive jurisdiction (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scottish or Northern Irish law, as applicable).
These Agency Terms & Conditions may be published in translation for convenience. In the event of any inconsistency between the English version and any translation, the English version shall prevail.
All ratings are as provided by the relevant Supplier/Principal. These are intended to give a guide to the services and facilities you should expect from your Arrangements. Standards and ratings may vary between countries, as well as between suppliers. Neither we nor the Supplier/Principal can guarantee the accuracy of any ratings given.
Your contract for the Arrangements is with the Supplier/Principal, and any financial protection for monies paid is as provided by that Supplier/Principal under the law applicable to them. Where the Supplier/Principal participates in a financial security scheme protecting advance payments (such as YACHT-POOL), we will pass their confirmation on to you on request. As agent, we do not ourselves provide financial protection for monies once forwarded to the Supplier/Principal
