TERMS AND CONDITIONS
This document sets out the standard booking terms and conditions of Roža vetrov d.o.o. (referred to in this document as ROZA) and trading as TheYachtBreak (referred to in this document as TYB), a company registered in Slovenia with the number 6745725000, registered address is Ivanci 16, 9222 Bogojina, Slovenia.
Please ensure that you read this document in full before booking.
THE NATURE OF THESE TERMS
1. These terms and conditions will form the basis of the contract between you and TYB.
2. TYB reserves the right to make reasonable changes to the terms and conditions at any time where such changes are necessary (for instance, in the case of a change in the applicable laws or regulatory requirements). Such changes will take effect when the updated terms and conditions are uploaded to the TYB website.
3. To make a booking, you should complete the online form on TYB website (referred to as The Lead Booker). The action of completing this online form confirms that your group (referred to as Crew) and you agree that:
a. any advertisements on the TYB website constitute an ‘invitation to treat’ in Slovenian law;
b. that by filling out a booking you will be making an offer to us; and
c. that TYB will contact you as soon as possible to confirm availability, the total price due under the contract, the date when your deposit will be due and the details of the payment plan.
4. The Lead Booker confirms that through making a booking via the TYB website, he or she has the authority to act on behalf of the Crew and that each member of the Crew has read and agreed to all relevant terms and conditions. This is a condition of making a booking with TYB. If the Lead Booker does not comply with this condition, TYB reserves the right to cancel the booking without any refund whatsoever.
5. The Lead Booker may bring household pets on board the yacht subject to the yacht owner’s and/or charter company’s permission.
6. TYB does not accept liability for the costs associated with any errors in your confirmation email that are not brought to our attention within five working days of the date of that confirmation email. TYB reserves the right to correct any obvious errors in a confirmation email as soon as we become aware of them.
7. TYB reserves the right to change the price of your booking before your booking is confirmed. Any such changes will be communicated to you. TYB reserves the right to correct pricing errors after confirmation. Prices do not include the associated food costs for any skipper or hostess contained in the booking, and Crews are obliged to provide at least three meals a day for their skipper or hostess contained in the booking at reasonable meal times.
8. TYB warrants and guarantees that:
a. Up to and until 30 days before your departure date, the price of your booking will not be subject to any surcharges except variations in transportation costs; dues, taxes and fees; and exchange rates.
b. Within 30 days of your departure date, the price of your booking will not be subject to any surcharges.
c. TYB will absorb any increase of less than 2% of the purchase price. You will only be charged for the increase over and above 2%.
d. Should the price of your booking decrease by more than 2% of your booking cost due to the changes mentioned above then any refund due will be paid to you. Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
9. You will pay TYB the gross sum owed. This includes the cost of the services provided and TYB’s administration fee. The payments are conducted via Wire Transfer.
10. The payment installment plan will vary depending on the trip week and destination you have booked. In general, you will need to pay 100% of the gross sum owed if your trip is in less than 40 days. If your trip is more than 40 days, you will be able to pay in 2 installments.
11. Failure to pay an installment by a payment due date confers on TYB the right to cancel the booking with no refund.
12. Guests may pay the entire amount owed in one lump sum.
13. It is the guests’ responsibility to check the payment due dates and ensure that payments have been made in accordance with the payment installment plan. Any delay in making a payment may 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.
14. The first payment due date is no later than 24 hours from the time of receipt of booking confirmation. 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.
15. As soon as the first payment is made a contract will automatically arise between you and TYB, granting both parties respective duties and obligations under that contract.
CANCELLATION AND VARIATION POLICIES
Variation by TYB
16. 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 in order to
make the booking work. You will be notified before any such changes are made provided you have already made a booking.
17. If major changes to your booking are needed, you will be notified as soon as is reasonably possible. In this instance, you will be able to either:
a. cancel the booking with a refund of all sums you have paid less cancellation charges within the meaning of clauses 24 and 25 (Refundable Sums);
b. choose to accept the changes.
You must inform TYB of your decision within three days of being informed of the changes made to your booking. If no action is taken TYB shall be entitled to infer that you have chosen to accept the changes. No major changes within the meaning of this clause will be made within the period of fourteen days prior to the commencement of your booking unless these changes are necessary because of force majeure.
Cancellation by TYB
18. 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. Alternatively, you may choose to accept another booking of the same type and quality as a replacement for the canceled booking. 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.
19. TYB will not cancel your booking under clause 18 after the balance due date unless you default in the payment of the balance or such cancellation is necessary because of force majeure.
20. TYB reserves the right to cancel your booking without any refund if you do not meet your obligations under clause 4 (Lead Booker’s authority to act on behalf of other guests); clause 3133 (substitution of customers); clause 43 (travel insurance); and clause 64 (reselling).
21. TYB reserves the right to cancel your booking without any refund if circumstances arise that make the booking impossible which are out of TYB’s control or which TYB could not have prevented. Some examples of such situations are dangerous weather conditions, fire, natural disaster, industrial actions, war, riots, and natural disasters. There may be many other such situations.
Cancellation by You
23. 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.
23. If you cancel your booking following minimum cancellation charges (as a percentage of the total booking cost) shall apply:
a. From booking date to 61 days before the trip 30%.
b. From 60 to 41 days before event date 50%
c. Within 40 days of event date 100%
24. 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.
25. Your travel insurance policy may cover cancellation charges, please check your individual policy for details.
Variation by You
26. 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 catering for the changes you request.
27. Please note that TYB may not be able to cater to all changes you might wish to make. All changes will be subject to availability and will be made at TYB’s discretion.
28. Changes of yachts or dates will be treated as cancellations and charges will be applied in accordance with clauses 23 and 24. 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.
Skipper and Hostess
29. Skipper or hostess are included in price in all TYB yacht listings.
Change of Customer
30. If the Lead Booker or any member of your Crew no longer wish 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.
31. TYB may charge you an administration fee of €25 per Lead Booker or Crew member name change. TYB retains the absolute right to refuse to accept the substitution.
32. In requesting a change of customer, the Lead Booker must confirm that the new customer has read and agreed to all relevant terms and conditions.
33. 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. Since this information is provided by the charter company, you should liaise with the charter company regarding any discrepancy between the description on TYB website and the yacht you are given.
34. Pictures of yachts are intended only to give a general idea of the type of yacht you are chartering. Sometimes there are differences between the yacht shown in a picture on the website and the yacht you are given by the charter company. Since these pictures are provided to TYB by the charter companies, TYB cannot guarantee that your yacht will be the same as the one shown in the picture on our website. However, TYB takes misrepresentation very seriously. If you believe that a picture on 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 the purpose of any legal proceedings.
35. Each supplier will have their own terms and conditions. If you make a booking through TYB this will be taken as irrefutable evidence that you have read and agreed to your yacht suppliers’ terms and conditions. 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 TYB through the ‘Contact Us’ section of TYB website.
36. Upon arrival, the yacht charter company may require a deposit to cover additional cleaning, loss, or damage caused to the boat. This will be refunded (less any sums deducted) at the end of your trip and payment can usually be made by credit or debit card although 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.
37. At checkin you may be required to sign the charter company’s terms.
38. 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.
39. 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
40. TYB cannot help you to obtain the correct passports, visas, or other documentation that you might need to enjoy the booking made through TYB.
41. TYB does not sell or organize travel insurance. However, you must buy travel insurance before going on holiday. If you are sailing, 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. TYB accepts no liability to those who travel without travel insurance in breach of this clause.
42. 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 will have 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.
43. External speaker systems are not permitted. Music must not be played in marinas after 8 pm.
44. TYB may collect still and video images of you during the course of your holiday for advertising and promotional purposes. By booking through TYB you agree that such images may be collected and used by TYB, however, TYB sees fit including commercial use and sale of the images. The 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.
45. If you do not wish to be on camera or video this should be brought to the attention of TYB by sending an email to firstname.lastname@example.org before the commencement of your holiday. This should include the name and contact details of the person who does not wish to be photographed or videoed along with your booking number and contact details.
46. 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.
47. 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. You agree that overseas safety standards may differ from those in your home country and in some instances may not meet the standards you are accustomed to at home.
48. Our obligations, and those of our suppliers, in respect of reasonable care, will be complied with in accordance with 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 their duties and obligations under these terms & conditions.
49. TYB will not be liable where any failure was due to:
a. the acts and/or omissions of the person(s) affected;
b. the acts and/or omissions of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable;
c. unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or,
d. an unusual event which either ourselves or the supplier of the service(s) in question could not have foreseen or avoided even with all due care.
50. Our liability is, in all cases save for death or personal injury, limited to twice the price of the holiday booked. Any sum received by you from suppliers will be deducted from any sum paid to you as compensation by us.
54. 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.
55.You are obliged to assist TYB in recovering from any third party any sum that may compensate us for any sums we pay to you. In particular, you are obliged to assign to 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.
56. If you suffer illness or injury whilst overseas arising out of an activity that does not form part of the contractual package arrangements, we are not responsible for the provision of the excursion or activity or for anything that happens during the course of its provision by the operator.
57. Other than as is detailed in these booking terms & conditions, 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.
58. TYB maintains the highest standards in choosing yacht supplier partners. If you are unhappy with the performance of any element of a booking made through TYB, you must address your complaints to a member of TYB staff as well as the supplier at the earliest possible opportunity. We will then attempt to find an appropriate solution. Please allow us a reasonable opportunity to rectify the problems you are experiencing. Many complaints can be rectified on the spot or will be referred to a more senior member of staff. Failure to register a complaint at this time is likely to affect your right to compensation.
59. If you are dissatisfied with how your complaint was addressed please contact our office within 28 days using the contact details provided on TYB website.
DISABLED CUSTOMERS AND CUSTOMERS WITH SPECIAL REQUIREMENTS
60. It is important that you 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 upon your holiday. As such, we will not compensate you in these circumstances. If you need support or advice prior to booking, please contact us prior to booking using the contact details available on our website.
61.If you have a medical condition, mobility problem or a disability which may affect your holiday, we may require a doctor’s certificate or other documentation relating to such condition, problem or disability. Please provide us with full details of any such condition, problem or disability in writing at the time of booking.
62. TYB will use your personal data for the purpose of administration, statistical analysis, assessment and 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.
64. 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.
65. If you believe your booking may have been resold in breach of these terms & conditions, please contact the TYB Customer Services Department forthwith.
66. No failure or delay by TYB in enforcing these terms shall prevent TYB enforcing them at a later date or act as a waiver of its right to do so. Similarly, partial enforcement shall no preclude further enforcement of the same, or another, a term at a later date.
67. If the booking address discloses that the Lead Booker is an EU resident then, in accordance with the Package Travel Regulations, all passengers booking with TYB are fully protected for 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 due to the insolvency of TYB.
71. 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 these conditions will apply as if the offending provision or partprovision had never been agreed.
72.You may not transfer or assign any of your rights or obligations under these conditions without TYB’s prior written consent.
73. Your contract with TYB shall be governed exclusively by the law of Slovenia. 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 January 6, 2018