terms of service - waternative yacht services
By providing your Booking Requirements (as defined below), you are deemed to have read, understood and accepted these Booking Terms, along with any other information supplied by us through our website www.waternative.co. These Booking Terms, along with the Booking Confirmation (as defined in clause 1.7 of these Booking Terms) and any information made available by us through our website which is specifically referred to in these Booking Terms comprises the entire agreement between you, us and the owner of the yacht detailed in your Booking Confirmation (“Owner”) in respect of the Booking and supersedes all prior agreements, representations and understandings of the parties, written or oral.
waternative does not provide travel insurance of any kind for your Booking. We advise you to take out travel insurance for your Booking with a reputable travel insurance provider.
There may be situations in which you are required to sign a separate yacht charter party agreement (“Charter Party Agreement”) with the Owner and/or Captain and Crew (as defined below) of the yacht that you charter through us. Any such Charter Party Agreement will be in addition to these Booking Terms. We will notify you as soon as we are aware that you need to enter into a separate Charter Party Agreement.
CONTRACT
You can contact our team by email or telephone, the contact details for which are contained on our website, and we recommend that you do this before you submit your Booking Requirements.
You shall select the various aspects of your Booking via our website. These shall include:
details of your choice of yacht (which must be appropriate for the number of Guests and the other Booking Requirements);
intended destination(s);
the dates of your intended departure and return (such dates and the interim period being referred to as the “Booking Period”);
whether an on board crew will be provided to operate the yacht and, if so, the number and type of crew members (“Crew”) (which may be mandated with your choice of yacht);
any other additional requirements which you may have for your Booking, including but not limited to meal plans and excursions.
(together the “Booking Requirements”)
By submitting Booking Requirements via our website or through any of our authorized agents you confirm that you have read, understood and accepted any visa or passport requirements for the country or countries that your Booking Requirements cover. Information about this may be found on our website. You understand and accept that it is your responsibility to ensure that all Guests will be able to obtain, and will be in possession of, all necessary travel documents/visas and adequate travel insurance in advance of travel. Neither we nor the vessel owner or additional service provider accept any liability whatsoever in the event that you or any of your Guests is refused entry onto any transport or into any country due to failure on your/their part to carry correct documentation.
waternative do not offer or supply travel insurance of any kind, and it is your sole responsibility to ensure that you and all Guests have taken out adequate travel insurance for your Booking, taking into account the potentially arduous nature of sailing a yacht in the area which you have chosen for you Booking. Neither waternative or the vessel owner or any additional service provider accept any liability whatsoever in the event that you or any of the Guests sustain any loss or damage as a result of not having in place adequate travel insurance for your Booking.
You confirm, by submitting the Booking Requirements, that you have read, understood and accepted any associated health requirements as may apply to any country which your Booking covers.
Once you have submitted your Booking Requirements, we will send you a Booking Requirements receipt by email which will outline the Booking Requirements that you have submitted to us via our website and the Booking Price payable for the Booking. Please note that no contract is formed at this point and the Booking Requirements receipt merely acts as our confirmation that we have received your Booking Requirements.
All booking requirements are instantly accepted by us. Following receipt of your Booking Requirements, we offer to you a free seven days booking requirements cancellation period with no cost at all. As soon as this period passes and your payment method is accepted. we will email you confirmation of our acceptance of your Booking Requirements (“Booking Confirmation”).
Following receipt of your Booking Requirements, in the event that the Owner and/or any other provider(s) of your additional requirements (if any) is unable to accept every aspect of your Booking Requirements, we will inform you promptly and will liaise with you to modify your Booking Requirements such that we can accept your Booking Requirements, following which we will email your Booking Confirmation, which will outline the updated Booking Price if applicable, as set out in clause 1.7.
A binding contract between you, us and the vessel owner and, where applicable, you and the provider(s) of your additional requirements (collectively the “Booking”) is formed when we issue you a Booking Confirmation by email. This Booking Confirmation will act as the Owner’s and any other provider’s acceptance of your Booking Requirements.
You will be able to cancel your Booking within seven (7) days of the Booking Confirmation, providing that your Booking Period is not due to begin within 45 days’ of the Booking Confirmation. Notwithstanding the provisions of clause 1.12 below, in the event that you choose to exercise this right of cancellation, no fees will be payable by you.
IN THE EVENT THAT OUR BOOKING CONFIRMATION DOES NOT PRECISELY REFLECT YOUR BOOKING REQUIREMENTS, IT IS YOUR RESPONSIBILITY TO CANCEL YOUR BOOKING REQUIREMENT AS SOON AS POSSIBLE, BUT IN ANY EVENT NOT LESS THAN SEVEN DAYS FROM THE BOOKING REQUIREMENTS EMAIL RECEIPT. WATERNATIVE, THE OWNER AND ANY OTHER PROVIDER ACCEPT NO LIABILITY FOR ANYTHING THAT MAY HAVE BEEN DISCUSSED WITH OUR CUSTOMER EXPERIENCE AGENTS PRIOR TO YOU SUBMITTING YOUR BOOKING REQUIREMENTS UNLESS IT IS INCLUDED IN OUR BOOKING CONFIRMATION.
We advise you not to book your flights or other travel arrangements until you receive Booking Confirmation.
INFORMATION
We make every effort to ensure that the information on our website is as accurate as possible and not misleading in any way, however details of yachts may be subject to change.
All yachts advertised on our website belong to independent professional yacht owners, yacht agents or yacht charter companies.
Yachts may from time to time vary from the website pictures of such yacht. Any pictures of yachts displayed on our website are for illustrative purposes only and are not meant to be taken by you as a description of the yacht which you will use for your Booking. We advertise yachts of a certain class on the website. When you request a yacht of a certain class, we will check with various yacht owners to see which yachts of this class are available in the area you have selected for your Booking and at the time your have requested for your Booking. Therefore the yacht which you have for your Booking may be different to the one displayed through the pictures on the website. The decor inside and out may have changed since the photographs displayed on the website were taken. There may be occasions when an advertised yacht is either modified or not available at the time of receipt of your Booking Requirements or subsequently before the start of your trip. Such situations may be dictated by local circumstances, necessity for maintenance, unsuitable weather conditions, and other circumstances beyond the control of waternative and the Owner, and neither waternative nor the Owner can accept any liability in such circumstances, however we will use our best endeavours to procure a suitable replacement yacht for your Booking in the event that your chosen yacht is unavailable for any reason.
We reserve the right to make changes to our website and any information contained on our website at any time and it is your responsibility to ensure that you are aware of and accept the information on our website at the time of submitting your Booking Requirements and check again before the start of your trip to ensure that nothing related to travel information regarding visa, passport or health requirements for the countries relevant to your Booking has changed.
The information contained in the ‘destination guides’ on our website, and otherwise on our website describing points of interests nearby your departure base etc, or anywhere on your trip, are there to assist you with your holiday planning and not form part of our contract with you. This includes all ‘suggested itineraries’ and ‘trip recommendations’ that have been made available and can be accessed by you on our website, on our marketing material (including newsletter, social media posts etc.) or direct communication via email to you.
Any information in relation to the yacht cruising area and yacht cruising time per day for your Booking will be agreed between you and the captain of your yacht for the Booking (Captain) on your yacht on the day of your departure and may be subject to change due to weather or other unforeseen circumstances at anytime. The Captain of your yacht is responsible for the Crew, Guests and yacht’s safety. We do not recommend that you spend on average more than six (8) hours per day under way, unless the Captain, in his sole discretion, agrees to exceed this time or unless as otherwise may be agreed between you and the Captain of your yacht. Please note that there are legal time limits for this which the Captain must adhere to, and this may affect the Captain’s ability to agree to a longer period under way in any day.
Your Booking, is subject to change at any time in the event of unforeseen weather changes or any other event outside of the reasonable control of waternative. You accept and agree that should your Booking change at anytime before your trip, that another yacht and/or Captain may be supplied by us and will as far as is possible replicate your original Booking. In the event that your Booking needs to be changed during your Booking Period, for example as a result of unforeseen weather making an area too dangerous to sail, it will be the responsibility of you and the Captain to agree a new route for your Booking. In the event that aspects of your Booking materially change we will inform you as soon as reasonably practical and discuss any changes or variations which need to be made to your Booking. We will endeavour to agree with you a new booking in the event that your original Booking materially changes. In the event that we cannot agree a new booking, which is substantially the same as your original Booking, and you want to cancel your original Booking, we will provide you with a full refund of moneys already paid. Please note that where we can provide you with a new booking which is substantially the same as your original Booking you are obliged to accept such new booking as your new Booking.
You accept and agree that any route that waternative may provide your Booking is for informative purposes only and is not meant as a part of your Booking. We shall be responsible for providing your Booking Requirements, for example yacht and Captain, and not for the route that you may take during your Booking. Any route must be agreed between you and the Captain, and will depend on the sailing conditions and available marinas, etc. For the avoidance of doubt, the Captain’s decision will be final.
USE OF THE YACHT
You shall use the yacht exclusively as a pleasure vessel for use by Guests. You shall ensure that no pets or other animals are brought on board the yacht without the consent in writing of the Owner. You shall ensure that the behaviour of all Guests shall not cause any nuisance to any person, including but not limited to the Captain, Crew or Owner of the yacht, or bring the yacht or the Owner into disrepute. You shall comply, and shall ensure that all Guests comply, with the laws and regulations of any country into whose waters the yacht shall enter during the course of your Booking. You shall ensure that any items which you bring aboard the yacht, or may be brought aboard the yacht during your Booking, are cleared through the local customs and excise authority before being taken ashore, if required by the laws and regulations of the relevant country.
In the event that any Guest infringes any of these Booking Terms, or undertakes any illegal activity whatsoever under the laws and regulations of the country/countries which you visit during your Booking the Owner may, forthwith on notice to you, terminate your Booking early and without refund of any kind.
If any guest commits any offence contrary to the laws and regulations of any country during your Booking which results in the Captain or any member of the Crew of the yacht being detained, fined or imprisoned, or the yacht being detained, arrested, seized or fined, you shall indemnify waternative and the Owner against any and all loss, damage or expense incurred by the Owner as a result.
GUESTS, MAXIMUM NUMBER OF GUESTS, PASSPORTS/VISAS, RESPONSIBILITY FOR CHILDREN, HEALTH OF THE PARTY
You shall not at any time during your trip permit anyone other than the Guests on board the yacht. As an exception, a reasonable number of visitors could be on board the yacht whilst the yacht is securely moored in port, such exception will be allowed at the sole discretion of the Captain.
We will, provide you with general information relating to passport, visa and health requirements for the destinations we feature and which you are able to visit as part of your Booking.
If children are taken on board the yacht, you shall be fully responsible for their safety, conduct and entertainment during your trip. The Captain and Crew will provide you with all required safety equipment and inform you of the safety procedures on board the yacht, however you accept responsibility for the behaviour and safety of all children who are Guests for the purpose of your Booking.
The nature of a yacht charter may render it unsuitable for anybody with physical disability or undergoing medical treatment. By accepting these Booking Terms you warrant that the medical fitness of all Guests is appropriate for the trip in respect of which the Booking is made. It will also be your responsibility to ensure that all Guests will be able to comply with all health requirements for the destination concerned. If any of the Guests have any disabilities you must therefore contact one of our team before submitting your Booking Requirements to check whether any such disabilities are catered for on the yacht that you intend to choose. Neither waternative, other service provider nor the Owner accepts any liability in the event that any Guests are refused entry onto any transport or into any country due to failure on your/their part to comply with relevant health requirements.
Please check that all Guests’ names that you provide in your Booking Requirements are the same as contained on the relevant passport of you or your Guests. Where this is not done and there is an unreasonable delay in notifying any apparent discrepancies in the confirmed arrangements, you will be responsible for all delays in your departure or additional charges that may arise as a result of alterations that have to be made to your Booking.
YACHT ACCESS
Three (3) to five (5) days before your Booking is due to begin, you will receive a detailed email from us confirming your Captain’s contact details and final plans for arrival to the marina. Although we provide transfer services etc. it is your responsibility to locate the yacht and ensure that all Guests arrive at the yacht at the time and date outlined in your itinerary. In the event that you are not able to arrive by the time and date outlined in your itinerary, it is your responsibility to contact the Captain of the yacht and advise him of the same. You and the Captain will make alternative arrangements and agree a new itinerary if necessary.
You will only be permitted to board the yacht and begin your Booking providing that you have made full payment of the Booking Price at least 45 days prior to the intended start date set out in your Booking Confirmation (or on submission of your Booking Requirements if the same are submitted less than 45 days before the intended start date of your Booking).
BOOKING PRICE AND PAYMENT(S)
Payments can be made by PayPal, debit or credit card (visa, MasterCard, maestro) at a 3% fee. We can offer bank transfer payments at zero fee.
The deposit payable by you for your Booking, as set out below, will be due seven (7) days after Booking Confirmation, unless your Booking Period is due to begin within 45 days’ of Booking Confirmation, in which case the whole Booking Price will be due within 1 day of Booking Confirmation, bank confirmation must be forwarded as confirmation.
Time between you submitting your Booking Requirements and the start date of your Booking
Deposit % of total Booking Price payable. Balance due date and % of total Booking Price payable (if applicable)
46 days or more 50%
45 days before Booking start date – 50%
45 days or less 100%
We reserve the right to alter the prices of any yacht or other aspect of your trip as shown on our website or set out in our written proposal to you at any time before Booking Confirmation (and in such event clause 1.6 will apply). The Booking Price set out in the Booking Confirmation is the price payable for your Booking, subject to any obvious discrepancy caused by technical or human error.
waternative advertised yachts and services are priced in Euros. Prices quoted in GBP or USD are used only as a guide and, although we endeavour to make these prices in GBP or USD as accurate as possible by using the current exchange rate, we do not warrant that any price quoted in GBP or USD is completely accurate and you should not rely on these prices. Please note that all payments taken on debit or credit card will be taken in EUR and so if you are a customer whose payment card is not denominated in EUR, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
If, for any reason, any booking or payment term differs from that outlined in this section, the applicable correct terms will be communicated to you prior to your Booking Confirmation and shall also be detailed on any applicable Booking documentation.
CANCELLATION
You may cancel your Booking within 7 days’ of your Booking Confirmation. This option is not available to you in the event that the intended start date of your Booking is within 45 days of submission of your Booking Requirements. Subject to clause 7.2 below, you may cancel your Booking or any part thereof at any time. The cancellation will take effect from the date that we receive written notification of cancellation from you. We will accept notification of cancellation by email, on the understanding that you agree and accept that where we will only accept cancellation when the email is sent from an email account where you are the named owner/user of such email address.
Notwithstanding clause 7.1 above, Booking cancellations may incur cancellation charges. These cancellation charges will depend on how much notice you give us of your intention to cancel your Booking prior to the start date of your Booking. If you cancel your Booking anytime after you have paid the deposit, the following applies:
Time between cancellation of Booking and intended start date of Booking
Percentage of total Booking Price payable as cancellation charge
120 days or more 10%
46-119 days 40%
45-89 days 50%
44 days or less 100%
In all cases, where cancellation results in us making a refund payment to you, such payment will be made to you as the lead and contracting member of your party. This will be the case regardless of which members of the party make the deposit and balance payments for your Booking.
AMENDMENT
If after our Booking Confirmation, you wish to change your travel arrangements or the Booking in any way, we will do our best to assist you in amending your arrangements and changing your Booking, but we cannot guarantee that this will be possible. Any request for changes must be in writing from the person who made the Booking. You will be asked to pay an administration charge of €50 and any further costs we incur in making such alterations.
We reserve the right to refuse any amendment notified to us less than 45 days prior to the start date of your Booking.
You acknowledge and accept that any amendment you may request after the Booking Confirmation may be subject to additional charges in addition to the Booking Price. Any such additional charges will be notified to you when you are requesting the amendments. Any amendments you may request will not affect the Booking Price which is payable by you for your Booking, unless we, in our absolute discretion, decide to amend the Booking Price.
INSURANCE
We will not be responsible for any costs incurred by any Guest before, during or after your trip as a consequence of inappropriate or insufficient travel insurance being purchased.
The Owner shall insure the yacht in accordance with the relevant legal provisions of the country in which the yacht shall sail and/or conduct the Booking including but not limited to:
for third parties liability for death, personal injury of guests and third parties caused by collision, shipwreck or any other causes;
for third parties liability for material damage to guests and third parties caused by collision, shipwreck or any other causes; and
for sea pollution.
The amount covered by way of insurance per yacht depends on each country’s legislation. All such insurances shall be on such terms and subject to such deductibles as are customary for a vessel of the yacht’s size and type. Copies of the relevant insurance documentation shall be available for inspection by you prior to the start of your Booking on reasonable notice to the Captain or the Owner, and shall be carried on board the yacht throughout your trip.
OPERATING YACHT COSTS
Unless otherwise notified by us prior to your Booking Confirmation, you will be responsible for the payment of additional payments for operating the yacht during your trip. These additional costs will be in addition to the Booking Price. This is commonly known as ‘Advanced Provisioning Allowance’, and is paid upon embarkation of the yacht to the Captain or Owner, and will include, amongst other things, fuel, dockage fees, communications and alike which may be incurred by the Captain and/or the Owner through your use of the yacht during the course of your Booking.
Any additional operating costs for your use of the yacht, which is payable by you to the Owner or Captain, will be agreed between you and the Owner or Captain, and we will have no liability whatsoever in relation to any additional yacht operating costs, above and beyond the Booking Price, which you may incur as part of your Booking.
WARRANTIES AND LIABILITIES
Save as expressly set out in these Booking Terms, to the maximum extent permitted by applicable law waternative and the Owner hereby exclude all warranties of any kind, either express or implied, including but not limited to any (if any) implied warranties fitness for a particular purpose and any warranties arising by statute or otherwise in law.
The yacht you have selected will have a maximum capacity, as described on the website, and it is your responsibility to ensure that the number of Guests does not exceed this capacity including total crew. Neither waternative nor the Owner shall be liable for any loss, damage or costs incurred as a result of your failure to comply with this or any other term of these Booking Terms, or any reasonable instruction of the Owner or Captain.
You shall be liable for all costs or losses incurred by repairing damage caused by you or any Guests (intentionally or otherwise) to the yacht during you trip. In the event that you incur any liability under this clause 11, waternative and the Owner may agree that any payment shall be made to the Owner directly and not to waternative. In such event you will agree and co-operate with the Owner including making prompt payment in respect of any such liability.
If waternative or the Owner fail to comply with the Booking or these Booking Terms, waternative and the Owner shall be liable for loss or damage you suffer that is a foreseeable result of our failure to comply, provided that such amount that we may pay to you for such loss or damage shall be limited in the aggregate to the sums paid by you in respect of your Booking.
waternative and the Owner are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Booking.
In no event shall waternative and/or the Owner be liable for any special, indirect, incidental or consequential damages, loss of profits and goodwill, business or business benefit, or the cost of procurement of substitute yachts, even if advised of the possibility of such damages.
Notwithstanding clauses 11.2 to 11.6 inclusive, nothing in the Booking or these Booking Terms excludes or limits any party’s liability for:
death or personal injury caused by its negligence;
fraud or fraudulent misrepresentation; or
any other matter for which it would be illegal for waternative to exclude or attempt to exclude its liability.
FORCE MAJEURE
If either you, waternative or the Owner is prevented or delayed from performing any of their obligations under these Booking Terms by reason of any event out of their reasonable control including but not limited to acts of god, fire, flood, storm, war, hostilities, riot, explosion, accident, sabotage, lack of adequate power, or any other cause whether or not of the class or kind enumerated which affects performance of these Booking Terms arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of the party affected (“Force Majeure”), then:
its obligations under these Booking Terms shall be suspended for so long as the Force Majeure continues and to the extent that you or waternative are so prevented, hindered or delayed;
you or waternative shall, without prejudice to the other provisions of this clause 13.1 consult with a view to taking such steps as may be appropriate to mitigate the effects of such Force Majeure; and
you or waternative (as appropriate) shall use all reasonable efforts to mitigate the effects of the Force Majeure upon the performance of its obligations under these Booking Terms.
DELAY IN RE-DELIVERY
If delivery by you of the yacht in accordance with section 12 above is delayed by reason of Force Majeure, delivery shall be effected as soon as possible thereafter and in the meantime the conditions of these Booking Terms shall remain in force but without penalty or additional charge against you for such delay.
If you fail to redeliver the yacht to the Owner at the pre-determined port or marina at the end of your trip due to an intentional delay or change of itinerary on your part, then you shall pay forthwith to the Owner compensation for such delay at such rate as is notified to you by the Owner.
AFTER YOUR HOLIDAY
You will be invited to complete a review for the yacht and the Captain that you used during your trip. The reviews which you complete may be made available to other customers to help them choose which yacht is most suitable for them. waternative also uses the reviews to improve the service and yachts offered.
Occasionally we may send you an email copy of our newsletter with details of new destinations, holiday ideas and suggestions which we offer. You can remove yourself from this list by simply clicking on the appropriate link at the bottom of the email.
COMPLAINTS
You and/or the any of the Guests may give notice of any complaint in the first instance to the Captain on board the yacht and a note shall be taken of the time, date and nature of the complaint.
If, however, this complaint cannot be resolved on board the yacht, then you and/or any of the Guests may give notice to the Owner, as soon as practicable after the event giving rise to the complaint has taken place and in any event within twenty-four (24) hours of the event or occurrence unless it is impracticable due to failure or non-availability of communications equipment. The complaint may be made verbally in the first instance but shall be confirmed as soon as possible in writing (by email, SMS) specifying the precise nature of the complaint. You may also contact waternative directly with any such complaint. In circumstances where you make a complaint via waternative, we will do our best to resolve any such issue with the Captain and/or the Owner.
You may raise a complaint in relation to your Booking directly with waternative at the time your complaint arises, while still onboard or at the latest 24 hours after your Booking has ended upon which we shall attempt to rectify any problem experienced and aim to reclaim any compensation as may be payable to you by the Captain or Owner as appropriate. Please note that in the event that you have a complaint to make about your Booking, you should notify us as soon as possible at the time you are dissatisfied or inconvenienced during your charter so that we can attempt to swiftly resolve such complaint.
APPLICABLE LAW
These Booking Terms are subject to the laws of Greece and both you and wagternative submit to the exclusive jurisdiction of the Greek courts in relation to any dispute or claim arising out of or in connection with these Booking Terms.
AMENDMENTS
waternative reserves the right to update and/or alter these Booking Terms at anytime, and shall post the amended Booking Terms on the waternative website. Any such amendment shall take effect 10 days following their posting to the website. The latest Booking Terms, as amended, may be accessed any time on waternative’s website. waternative recommends that you refer to the Booking Terms as available on the website at the time of submitting your Booking Requirements to familiarize yourself with the most up-to-date version.
GENERAL
You acknowledge that in entering into these Booking Terms as set out herein you have not relied on or been induced to enter into these Booking Terms by any representation, warranty, undertaking, promise or assurance made or given by us or any other person, whether or not in writing, at any time prior to your acceptance of these Booking Terms other than those expressly set out in these Booking Terms.
If any part of any provision of these Booking Terms shall be found to be invalid or unenforceable, then the remainder of such provision and all other provisions of these Booking Terms shall remain valid and enforceable.
No delay in exercising or non-exercise by either you, your Guests or waternative of any of their rights under or in connection with these Booking Terms shall operate as a waiver or release of that right.
Any notice required or permitted under these Booking Terms required by law must be in writing and must be:
delivered in person; or
sent by registered mail return receipt requested;
in each case forwarded to our address as set out on our website. We may change our address at any time and such new address will be displayed on our website. Notices will be considered to have been given at the time of actual delivery in person, or three (3) business days after posting.
