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Terms and Conditions2019-08-31T09:07:36+00:00

General Terms and Conditions (T&C)

You must read and understand this document in full before booking. These terms and conditions (T&C) will form the basis of the contract between you (the Guests) and us (The Yacht Break/TYB).

  1. This document sets out the standard booking terms and conditions of Roža vetrov d.o.o., trading as The Yacht Break (registered address: Ivanci 16, 9222 Bogojina, Slovenia; company number 6745725000).
  2. TYB reserves the right to make reasonable changes to the T&C as and when necessary (for instance, in the case of a change in the applicable laws or regulatory requirements). Such changes will take effect when the updated T&C are published on the TYB website.

Booking Procedure

  1. To make a booking, you should complete the online form on the TYB website.
  2. The person who completes this form (the Lead Booker) will be the primary contact with TYB.
  3. By making a booking, the Lead Booker confirms that they are authorized to act on behalf of the Guests. It is the Lead Booker’s responsibility to ensure that each Guest has read and agreed to all relevant T&C.
  4. If the Lead Booker does not comply with the T&C, TYB reserves the right to cancel the booking without any refund whatsoever.
  5. The action of completing this online form confirms that the Guests agree that:
    • any advertisements on the TYB website constitute an ‘invitation to treat’ in Slovenian law
    • by filling out a booking you will be making an offer to us
    • TYB will contact you as soon as possible via email to confirm the:
      • availability
      • the total price of the contract
      • the date that your deposit is due
      • details of the payment plan
  1. The Lead Booker is responsible for checking the details on the confirmation invoice. Please bring any discrepancies to our attention within five working days of the date of the confirmation email. TYB does not accept liability for the costs associated with any errors not highlighted. We reserve the right to correct any errors in the confirmation email as soon as we become aware of them.
  2. Guests may bring household pets onboard the yacht subject to permission from the yacht owner and/or charter company.

Pricing

  1. TYB reserves the right to change the price of your booking before your booking is confirmed. We will inform you of any such changes. We also reserve the right to correct pricing errors after confirmation.
  2. Prices do not include:
    • The cost of hiring additional crew on standard monohulls and catamarans (but they can be added as an optional extra)
    • Food costs for any hired crew members (such as skipper or hostess). Guests are obliged to provide three meals a day at reasonable times for the hired crew contained in the booking
    • Fuel for the boat/dingy
    • Marina fees and anchorages
    • Food
    • Transportation to and from your home country, transfers between the airport and the marina, or any other type of transportation
    • Note that the pricing structure for Crewed Catamarans is different and varies depending on the specific vessel. In general, the price quoted includes the crew and the vessel. All other expenses come under the APA. For further details contact TYB
  3. TYB warrants and guarantees that:
    • Up to and until 30 days before your trip, the price of your booking will not be subject to any surcharges except variations in:
      • transportation costs
      • dues, taxes, and fees
      • exchange rates
    • Within 30 days of your departure date, the price of your booking will not be subject to any surcharges
    • TYB will absorb any increase of less than 2% of the purchase price. You will only be charged for increases over and above 2%
    • Moreover, you will receive a refund if your booking price drops by more than 2% following the changes mentioned above. Please note that travel arrangements are not always purchased in local currency. Some apparent price fluctuations may have no impact due to contractual and other protections in place.

Payments

  1. The Lead Booker will pay TYB the gross sum owed. This includes the cost of the services provided and TYB’s administration fee.
  2. Pay online using the secure payment facility either by Wire Transfer or Credit Card.
  3. We will detail the payment installment plan in the confirmation email:
    • For travel within 40 days of the booking date:
      • pay in full (100% lump sum)
    • For travel beyond 40 days of the booking date, you can choose to either:
      • pay in two installments, or
      • pay in full (100% lump sum)
  1. Failure to pay an installment on time gives TYB the right to cancel the booking without a refund.
  2. It is the Lead Booker’s responsibility to check the payment due dates and ensure that payments have been made under the payment installment plan. Payment delays can result in your booking being canceled by TYB without a refund. If you are likely to be unable to make a payment on time you must contact TYB as soon as possible to request an extension to the relevant payment due date. If such an extension is agreed, TYB will communicate this to you in writing.
  3. The first payment will be due no later than 24 hours from receipt of the booking confirmation unless specified differently. This booking confirmation may be sent by either TYB or the yacht charter supplier. If this first payment is not made the booking will be automatically canceled and reopened for bookings from other guests.
  4. A contract will automatically arise between you and TYB as soon as the first payment is made, granting both parties respective duties and obligations under that contract.

Cancelation and Variation Policies

Variation by TYB

  1. As TYB’s booking information is prepared well in advance, some minor aspects of your booking may have to change closer to the time of your holiday to make the booking work. The Lead Booker will be notified before any such changes are made.
  2. You will be notified as soon as is reasonably possible if significant changes to your booking are needed. These changes can happen for instance if the vessel has been significantly damaged by previous guests and is deemed unsafe, etc. In this instance, you will be able to either:
    • cancel the booking with a refund of all sums you have paid minus cancellation charges within the meaning of clause 29 (Refundable Sums)
    • choose to accept the changes

The Lead Booker must inform TYB of your decision within three days of being informed of booking changes. If no action is taken, we will be entitled to infer that you have chosen to accept the changes.

  1. No major changes within the meaning of this clause will be made within fourteen days before the commencement of your booking unless these changes are necessary because of force majeure.
  2. If you accept TYB’s offer of a replacement booking of lesser quality, then you will be entitled to a refund of the difference in price between the original booking and its replacement.

Cancellation by TYB

  1. TYB reserves the absolute right to cancel your booking under any circumstances. If TYB cancels your booking under this clause you will be entitled to a full refund of all Refundable Sums.
  2. TYB will not cancel your booking under clause 24 after the balance due date unless you default on the payment of the balance or such cancellation is necessary because of the damage to the vessel or force majeure.
  3. TYB reserves the right to cancel your booking without any refund if you do not meet your obligations under the clauses:
    • 5: Lead Booker’s authority to act on behalf of other guests
    • 33: substitution of customers
    • 42-43: travel insurance
    • 63-64: reselling
  4. TYB reserves the right to cancel your booking without any refund if circumstances arise that make the reservation impossible and are out of TYB’s control or which we could not have prevented. Examples of such situations include (but are not limited to) dangerous weather conditions, fire, natural disaster, industrial actions, war, riots, and natural disasters.

Cancellation by You

  1. If you decide to cancel your booking, the Lead Booker must inform TYB in writing as soon as possible. Your booking will not be canceled until TYB receives your notice of cancellation in writing. If you transmit this written notice by email, then you must follow up via telephone during TYB’s normal office hours (any weekday except a public holiday between the hours of 0900 – 1700) to check that the email has been received.
  2. Cancellation charges:
    • If you cancel your booking, the following minimum cancellation charges (as a percentage of the total booking cost) will apply:
      • From booking date to 61 days before the trip ­30%.
      • From 60 to 41 days before the trip ­50%
      • Within 40 days of the trip ­100%
    • You will also be liable to pay any cancellation charges imposed by suppliers or any other costs incurred by TYB
    • TYB may use money that you have previously paid to cover cancellation charges or to pay charges imposed by a supplier without refund to you
    • TYB will take reasonable steps to ensure that all costs and losses are kept to a minimum
    • Your travel insurance policy may cover cancellation charges, please check your policy for details

Variation by You

  1. If you would like to change any aspect of your booking, the Lead Booker must inform TYB as soon as is reasonably possible. You will be responsible for the additional costs we incur in implementing the changes.
  2. Please note that TYB may not be able to implement all the changes you wish to make. Any changes will be subject to availability and will be made at TYB’s discretion.
  3. Changes of yachts or dates will be treated as cancellations and charges will be applied under clause 29. However, if a more expensive booking is subsequently made and the previous yacht is resold at the original booking value, the usual cancellation fee shall be waived and an administration fee equivalent to 10% of the original booking cost shall be levied in its place.
  4. Change of Customer:
    • If any Guest no longer wishes to participate in the charter or benefit from the services booked, TYB may, subject to availability, agree to a substitute customer being added to the booking. You should notify TYB in writing at least 14 days before the date of the trip of your intention to substitute a person on the booking. However, this is subject to TYB’s written acceptance of the arrangement and both the leaving and the substitute parties accepting joint and several liabilities for full payment of any sums outstanding for the booking.
    • TYB may charge you an administration fee of €25 per Guest name change.
    • TYB retains the absolute right to refuse to accept the substitution.
    • In requesting a change of customer, the Lead Booker must confirm that the new customer has read and agreed to all relevant T&C.

Yacht Specifications

  1. You can find specifications, measurements, inventories, and other data relating to yachts on the TYB website. However, TYB cannot guarantee that the yacht will meet the exact details described on the website. The charter company supplies us with yacht details. You should liaise directly with the charter company regarding any discrepancy with the yacht supplied.
  2. Yacht images are only intended to give a general idea of the type of yacht you are chartering. These images are supplied to TYB by the charter companies and so we cannot guarantee that your yacht will be the same as the one shown on our website. However, TYB takes misrepresentation very seriously. If you believe that a picture on the TYB website is misleading, please inform TYB as soon as possible so that steps can be taken to fix the situation. Should you wish to pursue a claim for misrepresentation you agree that the charter company shall be the proper defendant for any legal proceedings.

Suppliers’ Terms

  1. Each supplier has their own T&C. If you make a booking through TYB this will be taken as irrefutable evidence that you have read and agreed to your yacht suppliers’ T&C. Some suppliers’ terms will limit or exclude liability on the part of the relevant supplier and, by virtue of their application to your contract with us, these will also limit or exclude our liability to you. If you need any help locating and reading suppliers’ terms, please contact us.
  2. Yacht deposit:
    • Upon arrival, the yacht charter company may require a deposit to cover additional cleaning, loss, or damage caused to the boat
    • The deposit will be refunded (less any sums deducted) at the end of your trip
    • Payment can usually be held against your credit card. Note that some yacht charter companies accept cash only. This arrangement shall be strictly between you and the charter company. TYB cannot accept liability for the return or loss of such monies.
  3. At check-in, you may be required to sign the charter company’s terms.
  4. TYB makes no representation regarding any vessel’s seaworthiness or the state of any ancillary equipment. Such representations may only be made by the supplier of the vessel or equipment.

Transport

  1. Your booking does not include transport to and from your home country, transfers between the airport and the marina, or any other type of transport unless you request transfers from TYB’s website as an optional extra (if applicable).

Passports and Visas

  1. TYB cannot help you to obtain the correct passports, visas, or other documentation that you might need to enjoy the booking made through TYB.

Travel Insurance

  1. TYB does not sell or organize travel insurance. However, you must obtain travel insurance before going on holiday. You should make sure that your insurance policy covers adventurous activities such as sailing. Please read your policy carefully to ensure it complies with this requirement. It is a condition of your booking that you have a suitable travel insurance policy in place.
  2. TYB accepts no liability to those who travel without travel insurance in breach of this clause.

Your Behaviour

  1. If, while on holiday, your behavior poses a danger to you or those around you, causes or is likely to cause damage to people or property, breaches any local law, or causes or is likely to cause a public nuisance, TYB has the right to cancel your booking without paying you any refund. This means (among other things) that your skipper could refuse to continue to work and that you could be made to leave a yacht you have booked mid­way through your booking.
  2. External speaker systems are not allowed onboard. Do not play music in marinas after 8 pm.

Your Privacy is Important to Us

Image collection

  1. On your holiday, TYB may collect still and video images of you for advertising and promotional purposes. By booking through TYB you agree that such images may be collected and used by TYB, including for commercial use and sale of the images. Images may be cropped, altered, combined or otherwise edited. You also agree that TYB will retain ownership of all rights in connection with such images.
  2. Please let TYB know before your holiday if any of the Guests do not wish to have their image taken. Send an email to booking@theyachtbreak.com with details of the Guest in question and the associated booking number.

Data protection

  1. TYB will use your data for administration, statistical analysis, marketing, host mailing, customer services, customer profiling, analyzing your purchasing preferences, and improving services. TYB may disclose your information to its service providers and agents for these purposes. You have a right to request a copy of the personal data TYB holds about you, for which TYB may charge a fee, and to correct any inaccuracies in your information.
  2. View the full privacy policy on the TYB website. By booking through TYB you agree to the terms of that privacy policy.

Responsibility of TYB

Reasonable care

  1. TYB accepts responsibility for using reasonable care and skill to ensure that your holiday is supplied as described in our promotional material, and that services offered and carried out are of a standard reasonably expected by a person skilled in offering and carrying out such services.
  2. TYB will take reasonable care to ensure that reputable suppliers and businesses provide the services that make up your holiday. These organizations follow local and national regulations and laws of the country in which they operate. Overseas safety standards may differ from those in your home country and some instances may not meet the standards you are accustomed to at home.
  3. Our obligations, and those of our suppliers, in respect of reasonable care, will follow the local law or, in the absence of this, local custom. Compliance with any applicable regulatory requirements will constitute proper performance on the part of TYB in the discharge of our duties and obligations under these T&C.

Limited liability

  1. TYB will not be liable where any failure was due to:
    • The acts or omissions of the person(s) affected
    • The actions or omissions of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable
    • Unusual and unforeseen circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised
    • An unusual event which either we or the supplier of the service(s) in question could not have foreseen or avoided even with all due care
  2. If you suffer illness or injury while taking part in any third-party activity that does not form part of the contractual package arrangements, TYB will not be held responsible. This includes activities that we have organized on your behalf.
  3. Our liability is limited to twice the price of the holiday booked in all cases apart from death or personal injury. We will deduct any sum received by you from suppliers from our compensation amount.
  4. Other than as is detailed in these T&C, we shall have no legal liability whatsoever to you for any loss or damage which you suffer arising directly or indirectly from any aspect of your package.

Compensation claims

  1. Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier to which any international convention or regulation applies, the maximum amount of compensation TYB will have to pay you will be limited in accordance with any relevant international conventions.
  2. You will assist TYB in recovering compensation from any third-party for any sums we pay to you. Furthermore, you will assign us any rights that you may have against any other person whose acts or omissions have caused or contributed to our liability to you. You must also provide us with all the assistance we may reasonably require.

Complaints

  1. TYB maintains the highest standards in choosing yacht supplier partners and we hope you will have no problems. However, please address any issues directly to a member of TYB as well as the supplier as soon as they arise. We will then attempt to find an appropriate solution. Please allow us a reasonable opportunity to rectify the problems you are experiencing. Failure to register a complaint promptly is likely to affect your right to compensation.
  2. If you are dissatisfied with how your complaint is addressed, please contact our office within 28 days.

Disabled Customers and Customers with Special Needs

  1. You must tell us about any special needs and requirements so that suitable arrangements can be made. TYB cannot be held responsible if you fail to tell us about special needs/requirements that may impact on your holiday. As such, we will not compensate you in these circumstances. If you need support or advice, please contact us before booking.
  2. If you have a medical condition, mobility problem or disability which may affect your holiday, we may require a doctor’s certificate or other documentation relating this issue. Please provide us with full details in writing at the time of booking so we can ensure that we have all the necessary information.

Reselling

  1. TYB does not permit reselling of its products without prior written consent. TYB does, however, work with a select group of country managers who promote TYB’s products in various locations.
  2. If you believe your booking may have been resold in breach of these T&C, please contact us.

Enforcement

  1. No failure or delay by TYB in enforcing these terms shall prevent TYB from enforcing them later or act as a waiver of its right to do so. Similarly, partial enforcement shall not preclude further enforcement of the same (or another) term later.

Financial protection

  1. If the Lead Booker is an EU resident (identified by the booking address) then, under the Package Travel Regulations, all Guests are fully protected from the insolvency of TYB. This includes the initial deposit and subsequently the balance of all monies paid to us, including repatriation if required, arising from cancellation or curtailment of your travel arrangements.

Severability

  1. If any provision or part of a provision, of these conditions is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provision or part-provision will be struck out of these conditions and the remainder of the conditions will apply as if the offending provision or part-provision had never been agreed.

Assignment

  1. You may not transfer or assign any of your rights or obligations under these T&C without TYB’s prior written consent.

Jurisdiction

  1. Slovenian law will exclusively govern your contract with TYB. The courts of Slovenia shall have exclusive jurisdiction to adjudicate upon any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non­contractual disputes and claims).

Updated August 31, 2019