TERMS & CONDITIONS

Booking deposits and balance payments

A booking deposit of 20% of the agreed total price is required to confirm your booking. On receipt of that deposit - which is non-refundable - we will reserve the yacht in your name for the agreed charter period.

The 80% balance of the agreed total charter price must be received by us no later than 14 days before the agreed start date of the charter.

Security deposits

A minimum security deposit of Rs. 10,000/- must also be received by us no later than 14 days before the agreed start date of the charter.

Kindly note that the security deposit will be refunded in full, less any charges for fuel, repairs, damage or other losses, within 14 days of the completion of your charter.

Charter and Payments

• All prices published by Champions Yacht Club are inclusive of VAT.
• To book the yacht a signed charter application form must be received with a booking deposit of 20% of the agreed charter fee. Subsequent to receiving the application form, Champions Yacht Club will send a Charter Agreement form for the Charterer to sign and return. Champions Yacht Club will countersign the agreement and return a copy to the Charterer. A full copy of the Terms and Conditions forms part of the Charter Agreement.
• The balance plus the security deposit must be paid a minimum of two weeks prior to the start of the charter. All cheques must clear through the bank prior to the commencement of the charter.
• Payment is requested by cheque, cash or direct bank transfer. A security deposit, (not to be confused with the booking deposit), by way of a separate cheque for Rs. 10,000/- must be sent at the same time as the balance of payment. This cheque will not be cashed unless damage occurs, and will be returned two weeks after the end of the charter, unless loss or damage occurs.
• Cancellations should be made in writing as early as possible. If notice of cancellation is given at least two calendar months in advance of the start of the charter, the advance deposit will be forfeit, but the Charterer will be under no further obligation to pay the balance of the charter fee to Champions Yacht Club In the event of a new Charterer being found, the deposit will be refunded less a 20% administration charge.
• Should less than two calendar months, but more than one calendar month, notice of cancellation, in advance of the start of the charter be given, the Charterer will be liable to pay 50% of the charter fee, but may nominate a replacement Charterer, provided that they are acceptable to Champions Yacht Club
• Should less than one month notice of cancellation, in advance of the start of the charter be given, the Charterer will be liable to pay to Champions Yacht Club the full charter fee, but may nominate a replacement Charterer, provided that they are acceptable to Champions Yacht Club

Security deposit

The Security Deposit will not normally be cashed during the charter and will be returned to the Charterer provided the Yacht is re-delivered in a satisfactory condition to our base at the end of the charter. The deposit, or part of it, will be retained to cover:

• Damage to the yacht or its equipment.
• Items missing from the inventory.
• Cleaning charges or fuel.
• Any liability to third parties, or uninsured losses incurred by Champions Yacht Club.

Taking delivery of the yacht

• Water sports activities contain an element of risk. It should be understood that participation in these activities is your decision and at your risk. The skipper of a yacht has primary responsibility for the safety of the crew and craft at all times. By accepting this contract you, the lead name is confirming that you and/or members of your crew are capable and competent to sail the yacht in the conditions and cruising area of charter.
• Prior to taking responsibility for the boat the Charterer will inspect the Yacht in order to satisfy himself, or herself, that it is in a seaworthy condition, its fixtures and fittings are in a sound condition and that the Yacht’s equipment is in good working order.
• The Skipper and one senior member of his crew should be available for the pre-charter briefing and handover of the Yacht with Champions Yacht Clubs representative at the appointed handover time.
• The Skipper and one senior member of his crew should be available for the pre-charter briefing and handover of the Yacht with Champions Yacht Clubs representative at the appointed handover time.
• The Skipper will be given an inventory of the Yacht's fixed and removable equipment subsequent to booking, and should check this. Any items of the equipment lost or damaged during the charter period must be paid for or replaced.
• Champions Yacht Club reserves the right to accompany the Charterer and his crew for a trial aboard the yacht, and, if not satisfied as to the competence of the Charterer, may terminate the Charter in the terms of the following paragraph, or to place a restriction on the cruising limits permitted.
• Champions Yacht Club reserves the right to refuse to hand over the Yacht to anyone who, in Champions Yacht Clubs opinion, is not suitable to take charge. No reasons need to be given by Champions Yacht Club in this event, the Charter Fee and Security Deposit will be refunded in full and the Charterer will have no further claim against Champions Yacht Club
• Should the Charterer fail without good reason to accept the yacht within 24 hours of the due start time of the Charter, and have failed to notify Champions Yacht Club of an intention to take up the Charter at a later time during the intended Charter period, then Champions Yacht Club shall be entitled to consider their obligations under the Charter Agreement to have been fulfilled, and shall have no further obligation to the Charterer in respect of the Charter in question. Champions Yacht Club reserves the right to recover any monies outstanding, or claim damages for any losses suffered, in respect of such Charter where the Charterer has failed without good reason, and without giving notice, to accept the yacht within 24 hours of the due start time of the Charter.

Obligations of Champions Yacht Club

• Champions Yacht Club undertakes to deliver the Yacht to the Charterer at the start of the Charter Period in what Champions Yacht Club reasonably believes to be a seaworthy and suitable condition for cruising for pleasure within the stipulated Cruising Limits.
• If the Yacht is not delivered to the Charterer at the agreed time and place, a pro-rata refund, per 12 hours, may be made to the Charterer. If such delay exceeds 48 hours the Charterer is at liberty to cancel the charter and have their Charter Fee and Security Deposit returned.
• If during the period of the charter, the Charterer is unable to make use of the yacht due to breakdown of the yacht’s equipment or gear, or due to damage to the yacht, which is not wholly or partly due to any act of negligence, omission or misuse by the charterer or any of the charter party, a pro rata refund of the charter fee will be made for the time that the yacht is unfit for use. Breakdown of the engine, outboard engine or electronic navigation equipment will not be considered to have made the yacht unfit for use under the terms of this agreement.
• Champions Yacht Clubs maximum liability under this Agreement is limited to the total amount of the Charter Fee paid.
• Every attempt has been made to provide an accurate description of the Yacht, but Champions Yacht Club reserves the right to change equipment and specification where necessary.

End of Charter

In the event that the Charterer fails to re-deliver the Yacht at the time, date and place agreed without good reason, he or she shall be liable to pay to Champions Yacht Club a fee equal to twice the daily charter rate, pro rata, for each day or part thereof, until the Yacht is re-delivered. The Charterer's obligations under the Agreement shall continue in force until the eventual re-delivery of the Yacht.

Return Policy

Redelivery of the yacht takes place not later than the booking slot. Any delayed redelivery of the yacht due to weather conditions shall not be acknowledged, for it is necessary to keep the yacht during the last 24 hours of the accommodation service period at an adequate distance from the charter base. Any delay longer than 1 hour shall be charged at the double rate of the daily accommodation service as well as any costs resulting from the inability to deliver the vessel on time.

At the time of returning the yacht, the items on the inventory list will be checked and charges will be applicable for any damage or misplacement of items. Otherwise the total security deposit shall be returned to the client.

If the Client wishes to extend the stay on board must notify the Champions Crew thereof in order to check out the further availability of the vessel for accommodation and to obtain the necessary documentation.

Cancellation Terms

Any change in dates, destination or yacht type is a cancellation. All changes to booking after confirmation are subject to Rs 2,000/- administration fee. If any scheduled payment by the client has not been received by the payment due date, The Champions Yacht Club reserves the right to cancel a charter and retain all deposits and fees paid to date.

In the event of the Client's cancellation of the booked accommodation on board due to any reason whatsoever, he/she shall be obliged to notify The Champions Yacht Club thereof in writing, and in respect, he shall be charged for amend as follows:

• Up to 50% of the full accommodation rate if the cancellation has been done up to 30 calendar days prior to the starting date of accommodation.
• Up to 100% of the full accommodation rate if the cancellation has been done less than 30 calendar days prior to the starting date of accommodation.
• Up to 0% of the full accommodation rate if The Champions Yacht Club has managed to find another client for the cancelled period.
• Maintaining information as a reference tool or general resource.

The date of the receipt of the cancellation notice in writing shall be the basis for the settlement of the stated cancellation charges.

Safety Measures

As with other activity based holidays, water sports activities contain an element of risk. It should be understood that participation in these activities is your decision and at your own risk. The Champions Yacht Club shall provide a competent skipper/guide for the client, if so requested in advance. The skipper of a yacht has primary responsibility for the safety of the crew and craft at all times. Although the client shall exercise control over the Yacht, the client shall depend upon the skipper/guide for the safe navigation of the Yacht and shall abide by the judgments of the skipper/guide as to sailing, weather, anchorages and pertinent matters. The client shall not have the authority to discharge the skipper/guide without prior consent from the Champions Yacht Club.

Night sailing is not permitted without written approval from Champions Yacht Club. In the interests of safety, Champions Yacht Club’s staff may order a change to your itinerary; decide whether or not conditions are safe to use a craft or make a passage and whether this should be under power or sail.

Champions Yacht Club reserves the right to instruct the Client not to take the yacht out if the weather conditions to be too dangerous. The client must return the yacht to the home port on the date and by the time specified on the booking form but agree not to take the yacht out in bad weather even if this may lead to the yacht not being returned by the agreed date.

If it becomes apparent that the client is unable to return the yacht on the specified date then they should advise Champions Yacht Club accordingly but will still be subject to an additional charter fee for each day or part of day that the yacht is overdue. Upon return of the yacht the client shall hand the yacht over to an authorised member of Champions Yacht Club staff but Champions Yacht Club cannot accept that the vessel is free from defects that may not be immediately apparent. Any damage, incident or defect must be reported to Champions Yacht Club’s authorised staff and the charges will be applicable in case of any damage.

Disclaimers

Accidental Damage, Death & Injury: Champions Yacht Club strictly prohibits the use or consumption of illegal drugs on its Yachts or at its facilities. The consumption of alcohol or drugs may increase the risk of injury around water and boats and the client and their passengers. Champions Yacht Club shall be held harmless from any and all claims or liability for property damage, personal injury or death arising from or related to, directly or indirectly, the use or consumption of alcohol or drugs, even if the property damage, personal injury or death is caused in whole or in part by the negligence of Champions Yacht Club. This shall in no way limit or diminish Champions Yacht Club accountability for its negligence where the property damage, personal injury or death does not arise from or relate to, directly or indirectly, the use or consumption of alcohol or drugs.

Skin Diving & Swimming: Champions Yacht Club, the Yacht owner shall not be held liable for accidents, injuries or death due to swimming, windsurfing, kayaking or the use of snorkels, masks or allied equipment such as scuba equipment and sailboards.

It is understood that Champions Yacht Club is acting for and on behalf of the owner of the Yacht. Neither Champions Yacht Club nor the owner will be liable to any person for any loss, damage, injury, or death that results from the Client’s use of the Yacht. Champions Yacht Club makes no representations other than those contained in this Contract, the current Champions Yacht Club and any written materials provided as part of the booking procedures. Champions Yacht Club will not be responsible for any fees, expenses, airline tickets, hotel rooms, food, phone calls, or other expenses incurred by the Client for any reason whatsoever.

The Client will indemnify and hold Champions Yacht Club and the owner of the Yacht harmless from and against any and all claims for loss or damage to property or injury to persons (including loss of life) resulting from use, operation, or possession of the Yacht and related equipment or other Inventory by the Client or any crew, and from any claims whatsoever from loss or damage to personal property of the Client or any crew carried on the Yacht.

The yacht charter arranged for the client must only be used by those people named on the Confirmation Invoice (or on any Amendment Invoice issued). The Client is not allowed to share the yacht or let anyone else stay on board.