All travel and yacht charter arrangements are made by us, Top Yacht Charter Limited, acting as agents on behalf of yacht owners or operators and travel providers. In paying your deposit you are deemed to have read and accepted the following terms and conditions, and the other information in this brochure, which form the contract between you and us. Bookings on yachts outside the Top Yacht fleet are accepted subject to the standard terms of the company with whom we have booked your holiday: details will be sent to you with your confirmation invoice. Your contract will be governed by English law. The information in this brochure is correct at the time of printing. If there are any significant changes to the price or any other arrangements you will be told at the time of booking; once you have booked, we will do our best to let you know of any changes before you travel.

Payments

Bareboat Charter: 25% of the holiday price (including extras, but excluding security deposit) is required on booking, plus holiday insurance premiums in full. We prefer payments by bank transfer, Switch, Delta, or cheque. Mastercard and Visa are also accepted. Balance payments are due 2 months before departure. Balance payments made by credit card incur a 2% surcharge (not for deposits). We reserve the right to cancel your booking if the balance is not paid on or before the due date, and you will lose your booking deposit. The full amount must be paid immediately if you book within 2 months of departure. Your holiday documentation will be sent when we receive your balance payment. Flight tickets are issued about 2 weeks before departure.

Crewed Yachts and Gulets: 50% deposit is payable on booking, with the balance 50% one month before departure.

Security Deposit or Insurance

For all bareboat yacht charters you are required to pay a security deposit, which is the limit of your liability for accidental loss or damage to the yacht or its equipment or to a third party. This is refunded after your holiday, less any deductions. In some locations you may opt instead to insure the security deposit, with a non-refundable premium or damage waiver. The amount varies according to the size of the boat and the location, and will be quoted on enquiry or confirmed on booking. You will be liable for damage or loss caused by acts of gross negligence, wilful damage, night sailing, sailing under the influence of alcohol or drugs, touching ground, or failure to obey the instructions of company staff. Loss of your dinghy or other items is not covered in some locations. Clients causing damage through carelessness or negligence may not be offered the option of insurance for future bookings.

For charter from Top Yacht run fleet in Turkey: Security deposit insurance will automatically be added to your invoice unless you specify security deposit. The deposit is payable in the UK prior to departure, by cheque or debit card. The deposit will be returned within 14 days of your return by cheque, less any necessary deductions. Deposit payments or refunds by credit card will be subject to a charge of 2% per transaction. Loss of your dinghy or kayak is not covered by either security deposit or insurance. You will be asked to sign an undertaking that you will not tow the dinghy or kayak while under way.

Surcharges

The prices shown are based on all known costs as of November 2007. These costs may fluctuate before the commencement of your holiday: for example, a substantial portion of your flight cost is affected by the price of aviation fuel, which is priced in US dollars. You will be informed of any surcharges at the time of booking.

Experience

For bareboat charters, the skipper must be fully competent in handling a yacht of comparable size, with an appropriate knowledge of seamanship, and on large yachts at least one other member of the crew should have some experience of sailing on a similar yacht. If you have any doubts, please discuss it with us: we may suggest you take a skipper for some or all of your holiday. Some countries require the skipper to have formal certification or a sailing licence such as the RYA International Certificate of Competence, but this is not at time of writing necessary in Turkey. At least one member of the crew should have a VHF Radio Operator’s Licence.

Safety

In booking this holiday you accept that sailing holidays contain an element of risk, and participation in this activity is your decision. The skipper is responsible for the safety of the vessel and its crew at all times.

Flights

In accordance with CAA requirements and our ATOL Licence we make the following statement: You will be informed on booking a flight-inclusive package of the airline, aircraft type and destination airport and subsequent changes will not entitle you to cancel without penalty. Flight timings, airlines or aircraft can change after your fight has been booked. Flight times, including those shown on any letter, invoice or ticket, cannot be guaranteed. We are not liable for any delay which may occur. Any arrangements or compensation in the event of a delay will be at the sole discretion of the airline. If you are denied boarding by the aircraft captain, our responsibility for you ceases and we will not be liable to make alternative arrangements or refund any money.

Cancellation or Variation by the Charterer

If you have to cancel, you must notify us immediately in writing. The following charges will apply from the date we receive your notification:
More than 8 weeks before departure - insurance premium and deposit.
Between 4 and 8 weeks - insurance premium and 60% of the holiday price.
Between 2 and 4 weeks - insurance premium and 85% of the holiday price.
Less than 2 weeks - insurance premium and 100% of the holiday price.

If you wish to make changes to the booking after confirmation, we will do all we can to make the necessary arrangements, but we may have to make additional charges.

Cancellation or Variation by us

We will do our best to provide the contracted facilities but occasionally we may have to make a significant change to your holiday arrangements. We will contact you to discuss alternative arrangements. If we are unable to provide an acceptable alternative, or if circumstances arise beyond our control, we may find it necessary to cancel your holiday before departure. In this case we will return in full all monies paid by you, less insurance.

Our Responsibility

If any part of your holiday booked by us is not as described in the brochure, or is not of a reasonable standard, we will accept responsibility if this is due to a fault on our part. We also accept responsibility for the acts and or omissions of our employees, agents, suppliers and sub-contractors. We do not accept responsibility if the fault is caused by you or any member of your party, an unconnected third party or an event which we or our supplier could not with due care have foreseen or avoided. Where the services are provided by air or sea carriers our liability is limited in line with the Warsaw Convention.

Travel Insurance

All members of your party must have holiday insurance with cover equivalent to or greater than that offered under our own policy arranged through Holiday Extras and underwritten by Europ Assistance Holdings Ltd. Non-UK residents should obtain Travel Insurance in their home countries. Contact us for further details and special requirements.

Travel Documents

You must ensure you have all necessary documentation including passports and visas for your holiday. For Turkey, British citizens must hold a standard passport valid for at least 6 months after your return date, and obtain a Turkish visa at the airport on arrival, to be paid for only with an English £10 note. For other nationalities, and other destinations, you should consult the appropriate consulate.

Chartering

The yacht will be provided fully equipped and according to the specification as described, and will be delivered to you at the start of the charter period. The time required to demonstrate the yacht to you, together with completion of any formalities required by the Port and Customs authorities is part of the agreed charter time. You will be granted free use of the yacht after you have signed the Take-Over form. You have the right to inspect the yacht, her gear and inventory to ensure that all items are present and in good working condition. On signing the Take-Over form you accept the yacht and thereafter it is your full responsibility, and you will have no right to claim for any loss of time or expense caused by any accident or breakdown or failure of any part of the yacht. However, such acceptance does not imply that you assume responsibility for any failure, damage, loss or expense due to normal wear and tear, or defects which are agreed and noted on the Take-Over Form. Your yacht will be fully fuelled at the start of your holiday, and you are required to return it with full tanks.

If the yacht or a reasonable substitute is not available at the agreed time, hotel accommodation (excluding food) will be provided until you are able to board the yacht.

In the event of failure of the engine or other important equipment, loss or theft of any significant items, or should any other matter for concern arise, you must contact the Base at the earliest practical opportunity for advice. Where appropriate, base staff will come to your yacht to repair or replace the faulty item if within reasonable reach of the base. For an authorised repair not carried out by base staff, you must collect receipts. At the end of the charter, the base manager will refund the cost of repairs which are not caused by you or your party. If such repairs take more than 48 hours, you will be offered an alternative yacht, or provided with hotel accommodation (excluding food), or a refund of the proportion of the charter not used.

If you return the yacht late at the end of a charter, you will be liable to pay a penalty charge, and you will be liable for all recovery costs. We will not provide alternative return flights.

The yachts are fully insured against loss or damage, and for up to £2,000,000 for any damage or injury to any third party, except that you will be liable to the extent of your security deposit. In this context third party does not include anyone aboard your yacht or in your party. If your dinghy or any other significant item is lost or stolen it must be reported to the base staff and police immediately and a police report obtained.

The cruising area from each base may be restricted. The base manager will inform you of any restrictions, and may further confine the cruising area of the yacht or place a competent crew on board if considered necessary for the safety of the yacht and its occupants. A daily charge will be made for the crew member.

You must accept responsibility for the conduct of yourself and all members of your party. We reserve the right to terminate the holiday arrangements of any client who refuses to comply with the instructions of a member of staff or other responsible person if the behaviour of the client is likely to cause distress, damage, danger or annoyance. No-one in your party should commit an act contrary to the laws of the destination country, and if any such act is committed, the agreement between us will automatically terminate, but without prejudice to our rights and those of the owner of the yacht. You and/or your party will carry full responsibility and answer to the appropriate Authorities.

No pets are permitted on board.

Complaint Procedure

We aim to provide you with the best holiday possible, but if a problem occurs you must report it as soon as possible to the Base Manager who will try to resolve it on the spot. However, if you are not satisfied, you should telephone us to seek further advice or assistance. If your complaint cannot be resolved you should write to us as soon as possible and not later than 28 days after the end of the holiday. The Contract is made on the terms of the Booking Conditions and is governed in all respects by English Law and shall submit to the jurisdiction of the English Courts.