Terms and Conditions
Perfomance Yacht Racing Ltd Booking Conditions
1. The Contract
This contract is made between Performance Yacht Racing Limited (the Company)
registered in England, and any person(s) (the Client) booking with Performance Yacht Racing to take part in any race, event, charter, training course or management training event (the programme). All bookings are subject to these terms and conditions and it is agreed between the Client and the Company that any contracts will be construed in accordance with English Law and the jurisdiction of English courts.
Information given by the Client via booking form or online or via a deposit forms the basis of a contract and the Client will be accepting the booking conditions for themselves and members of their party.
If any part of these booking conditions is found to be invalid or unenforceable then the remainder of these booking conditions will remain valid and enforceable.
Bookings can be made in writing on the Booking Form and sent to Performance Yacht Racing, Old Riggers Loft, Marina Walk, Cowes, Isle of Wight P031 7XJ. Bookings can also be made online and submitted via email or the Company’s website. In order to reserve a place, bookings must be accompanied by a non refundable deposit of 40% of the programme fee or full payment where the event cost is less than £600. The Client who signed the booking form shall be liable for all those to whom the booking form applies and in respect of whom the Client was sent an invoice.
3. Balance of payment
On receipt of the booking form the Company will send the Client confirmation of booking. Full payment less any prepaid deposit must reach the Company no later than 90 days prior to the start of the programme as decided by the Company and a receipt forwarded to the Client. Should a booking be made less than 90 days prior to the advertised programme then full payment will be required at the time of booking. If full payment is not received by the due date, the Company reserves the right to cancel the booking without refund and apply the cancellation charges as stated below.
(i) By the Client
Cancellation by the Client must be in writing and is effective upon receipt by the Company. In the event of cancellation by the Client the following charges shall apply:
More than 90 days from the event start date: Loss of deposit
Less than 90 days from the event start date: Loss of 100% of payment
(ii) By the Company
The Company will not normally cancel less than 90 days prior to the start of the programme except for unusual or unforeseen circumstances beyond its control. In the event of cancellation the Client may be given the choice of an alternate programme where possible. If the Client does not wish to choose an alternate programme then a full refund may be given.
In the unlikely event that changes to the advertised programme occur the Company reserves the right to make such changes as required. The Company reserves the right to substitute another vessel for the advertised one at its discretion or cancel the charter at any time, for any reason including weather conditions and non availability of vessel.
The Company will pay no compensation or refund to the Client(s) where change or cancellation to the programme is due to Force Majeure, loss, damage or incapacity of the vessel or actions of the race event organisers.
No liability is accepted by the Company for any costs or expenses incurred by the Client in the event of changes to the programme or cancellation by the Company.
5. The Clients obligations
(i) Details supplied on the booking form are accurate.
(ii) No expenses will be paid by the client on behalf of the company without prior consent
(iii) The Client is required as a booking condition to take out a personal travel insurance package that covers cancellation, injury and medical expenses. The policy must also include cover for sailing and racing offshore for the length of the programme. The Company will recommend an insurance broker but the Client reserves the right to choose their own and agrees to make the policy available to the Company on request.
(iv) The Client agrees to abide by the normal operating and safety procedures as laid down by any suppliers of accommodation in the UK or abroad and any yacht clubs or official bodies and charter companies that may be used or associated with as part of the package.
6. Limitation of liability
The Company will use insured vessels that are in required survey for the event they are entered into. Where such vessels are obtained by the Company as skippered or bareboat charters the Company will endeavour to assure all required safety and survey requirements are met but will not be held responsible for any defects or omissions by the vessels owner or managing agents.
The Company will accept liability for the negligence of its employees causing injury or death to the extent that it is obliged to under English law. The Company shall not be liable for any injury, death loss or damage caused by other Clients, nor will it be responsible for any uninsured losses of the Client’s property, nor for any illness, injury or death sustained during the programme.
Clients agree if required to complete a release of liability form before embarking on a programme if required to by the Company or race organiser.
The Client agrees to accept the authority, decisions and instructions of the Company’s Skipper’s, employees, agents and representatives during the programme.
At all times the decision of the Skipper is final on all matters. Should the client interfere with the well being of the Skipper or other Clients during the Programme through difficult or disruptive behaviour, the Skipper has full authority to dismiss the Agitator(s) from the programme or vessel. In such event there will be no recourse to any refund. The Skipper has full authority to decide when to sail or race, with regard to weather conditions and the well being of the crew, or to return to port after the commencement of a passage due to the above or defects to the yacht at any time at their discretion and their decision is final.
8. Age Limit
The minimum is 18 years at commencement of the programme unless pre arranged with the Company and the under eighteen year old is accompanied by a responsible party.
Sailing can be a dangerous activity and requires an average level fitness and health. Where doubts exist as to the health of the Client they may be required to provide a medical certificate to the Company on request at any time.
10. Media releases and image rights waiver
Crew members and employees grant Performance Yacht Racing Ltd. and affiliated companies and organisations the absolute right and permission to use their name, voice, image, likeness, biographical material as well as representations of the yachts in any media (being television, print and internet media), including video footage, for the sole purposes of advertising, promotion, reporting and disseminating information regarding Performance Yacht Racing Ltd. and affiliated companies.