ReesLeisure Sailing and Racing Booking Terms and Conditions

ReesLeisure is the organiser of TheYachtMarket.com Regatta.

Please read these booking conditions carefully, they form an important part of the contract for your booking with ReesLeisure.

All products advertised within our brochures and on our website are operated by ReesLeisure Limited with company registered number 6494697 (hereinafter called 'the Company', ‘us’, ‘our’ or 'we'), of Enterprise House, 27-29 Market Street, Eastleigh, Hampshire, SO50 5RG and are sold subject to the following conditions.

Law & Jurisdiction

This contract, and any other claim or dispute arising from or related to this contract, will be governed by English law and the courts of England and Wales shall have exclusive jurisdiction over any claim arising out of it.

How to Book

To make a booking you can contact us in several ways; directly over the telephone, via our website or through an approved agent.

The person making the booking (the ‘lead name’) must be 18 years old or over and possess the legal capacity and authority to make the booking and accepts these booking conditions on behalf of everyone in the party.

You will need to pay a deposit at time of booking of 50% of your selected arrangements. You may also be required to pay in full for any non-transferable and non-refundable additional ancillary services. We will then invoice you for the remainder of the cost due before the commencement date of your arrangements, which you must pay no later than 30 days before the commencement date of your arrangements. If you book less than 30 days before the commencement date of your arrangements, full payment must be made on booking. If you do not pay the balance by the due date, your booking will be cancelled, and you will forfeit your deposit.

If we accept your booking, we will issue a Confirmation Invoice. A contract will exist between us from the date we issue the Confirmation Invoice or if you book within 7 days of the event/yacht hire date, the contract will exist when we accept your payment. When you receive the Confirmation Invoice please check the details carefully and inform us immediately if anything is incorrect. Once a booking has been confirmed, offers and discounts cannot be applied retrospectively. For all arrangements involving racing, acceptance of your booking is subject to payment by you of the relevant security deposit option as detailed in the section headed ‘Security Deposits’. If you book through an agent, all contact with you will be via them.

Names provided must exactly match those used in your personal identification (e.g. passport or driving license). Unless we are responsible for the mistake, we will not accept liability if a supplier refuses any information because the name(s) shown in your identification differs from those on your documentation.

Joining instructions will be sent or emailed to you approximately 4 weeks before the commencement date of your arrangements and will not be issued unless payment of the due balance has been received and any bank transfers/cheques have cleared.

We cannot accept any liability for documentation lost in the post. If you live outside the UK, we will normally email any charter or event information documents.

Your personal safety is of paramount importance to us and therefore it is imperative that you advise us at the time of booking of any condition, medical or otherwise, that might affect your or other people’s enjoyment of the event.

Your Price

All prices we advertise are accurate at the date published, but we reserve the right to change any of those prices. Prices on our website are updated regularly. Before you make a booking, we will give you the up-to-date price of your selected arrangements and/or additional facilities which you have requested.

Changes in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of your arrangements may change after you have booked. However, there will be no change within 30 days of your departure. Any changes in taxes, entry fees or charges that we collect at net cost on behalf of local and government bodies will be passed on to you in full or refunded to you in full (“Net Cost Charges”). We will absorb, and you will not be charged for any increase equivalent up to 2% of the price of your arrangements, which excludes insurance premiums, Net Cost Charges and any amendment charges. You will be charged for the amount over and above that, plus an administration charge of £1.00 per person together with an amount to cover any agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your arrangements, you will have the option to change to alternative arrangements if we are able to offer one (if this is of equivalent or higher price you will not have to pay more but if it is of lower price you will be refunded the difference in price), or cancel and receive a full refund, except for any amendment charges. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. Should the price of your event go down due to the changes mentioned above by more than 2% of your holiday cost, then any refund due will be paid to you. However, 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.

Safety and Your Obligations

Your arrangements include a Company skipper and Company 1st mate, the Company skipper and Company 1st mate will crew the yacht and it is necessary that you abide by their authority.

Participation Requirements

All Clients are expected to satisfy themselves prior to booking that they are fit to sail in their chosen destination described in this brochure.

No unaccompanied minors (those under 18 years of age) can be accepted. We do not provide lifejackets for children under the age of 13. Under 13s are allowed on charter and/or events, providing they are accompanied by an adult and it is the sole responsibility of the accompanying adult to bring adequate life jackets and safety equipment. By agreeing to these terms and conditions you are acknowledging and accept that the skipper and/or accompanying adult is responsible for providing any under 13s with adequate life jackets and safety equipment. Failure to comply will constitute a breach of these booking conditions and result in such persons being excluded from your arrangements in which case all monies paid will be forfeit.

Anyone suffering from mobility impairment, illness or disability or undergoing treatment for any physical or medical condition must declare the true nature of such condition at the time of booking and make arrangements for the provision of any medication or other treatment which may be required during your arrangements. Failure to make such disclosure will constitute a breach of these booking conditions and result in such persons being excluded from your arrangements in which case all monies paid will be forfeit.

Equipment and Yacht Insurance Cover

Our insurance policy provides comprehensive and adequate cover for the equipment and yachts for your skipper and crew. The Company cannot be held responsible for any loss which you may suffer as a result of the insurers refusing cover, including without limitation, which is as a result of you providing incorrect information, such as previous sailing experience, when requested, or due to your negligence, deliberate default or wilful misconduct. Should damage or loss to yachts and equipment be caused as a result of not obeying the Company’s instructions, you will be liable for the full amount of repair or replacement and any resulting costs. Adults will at all times be responsible for minors in their charge.

The Company agrees to insure and keep insured the yacht against public liability and marine public liability to such an extent as the Company in its absolute sole discretion shall deem appropriate. Such insurance policy does not cover loss of life (except that caused through the negligence of the Company), or damage to or loss of property of any person on board against which you must insure prior to the charter. Advice about such insurance is available from the Company on request.

Termination and Repossession

Should it come to our attention that you are likely to commit a serious breach of any of these booking conditions we may terminate your contract immediately and take whatever steps are necessary to take possession of the yacht wherever it may be. Such termination and the taking of the possession of the yacht shall be without prejudice to any rights and remedies, which may have accrued to us prior to the date of or by reason of such breach. We shall, in these circumstances have no liability for the unexpired part of your arrangements.

Behaviour

You must accept responsibility for the proper conduct of yourself and any members of your party. The Company cannot be held responsible for under age consumption of alcohol. We reserve the right in our absolute sole discretion to terminate without further notice, and without liability on our part, the arrangements of any client:

  1. who refuses to comply with the reasonable instructions or orders of the Company staff (including without limitation where applicable to your arrangements, the Company skipper and the Company 1st mate), agents or other responsible person in authority;
  2. who commits any illegal act; or in the reasonable opinion of the Company staff (including without limitation where applicable to your arrangements, the Company skipper and the Company 1st mate), agent or other responsible person in authority, whose behaviour is disruptive, threatening or abusive or is likely to cause distress, damage, danger or annoyance to other customers, staff, any third party or to property.

Upon such termination our responsibility for your booking ceases and, in any circumstances, we shall not be liable for any extra costs incurred by you and no refunds or compensation will be paid to you. We may make a claim against you for any costs and expenses incurred as a result of your behaviour and criminal proceedings may be instigated.

If You Change or Cancel Your Booking

The arrangements for events held with the Company are made many months in advance and it is sometimes inevitable that changes or cancellations may need to be made. Our brochure is prepared from information gathered prior to publication. Every care is taken to ensure that this information is still as accurate as possible at the time of publication.

We reserve the right to change any of the facilities, services or prices described in the brochures or website. Most of these changes will be minor and we will advise you of any changes known at the time of booking. If a major change becomes necessary, we will advise you of the change as soon as possible. Whether a change is ‘major’ depends on the nature of the arrangements and may include, without limitation:

  1. a change of accommodation or yacht to a significantly lower standard;
  2. an alteration to your scheduled time of departure or return by more than 12 hours;
  3. an alteration to your departure location.

Examples of minor changes include, without limitation:

  1. a change of yacht to one of a similar size (within 2ft) and number of cabins;
  2. a change of route within a cruising area.

When a major change occurs, you will have the choice of either:

  1. accepting the change; or
  2. accepting a replacement charter/event from us of equivalent or closely similar standard and price; or
  3. cancelling your booking, in which case we shall refund you in full.

We also reserve the right in any circumstances to cancel your arrangements. For example, some events are dependent on a minimum number of yachts participating. We shall assess whether the minimum number has been achieved and inform you as soon as possible. If the minimum number is not achieved, we reserve the right to cancel your arrangements. However, in no circumstance will we cancel your booking less than 30 days before the commencement date of your arrangements except for reasons of force majeure (as defined below), failure on your part to pay the deposit and/or final balance and/or relevant security deposit option, or for any other reason beyond our control.

If You Have a Complaint

If you have a problem during your charter/event, you must inform our local representative, member of Company staff or the relevant supplier of the service immediately. If your complaint is not resolved locally, please follow this up within 35 days of your return home by writing to us at our Customer Relations Department, ReesLeisure ReesLeisure, Enterprise House, 27-29 Market Street, Eastleigh, SO50 5RG, giving your booking reference and all relevant information.

We can usually sort out any complaints you may have. If we cannot agree, providing the dispute fits within the rules of the scheme, you can use the Arbitration Scheme devised for the travel industry by ABTA and administered independently. This is a simple way of sorting out complaints and there are limits on the costs you might have to pay. You do not have to appear in person, but can send documents to explain your complaint. Details and application forms are available from ABTA, 30 Park Street, London, SE1 9EQ.

Our Liability, Conditions of Carriage and Limitations

Our obligations, and those of our suppliers providing services or facilities included in your arrangements, are to take reasonable skill and care to arrange for the provision of such services and facilities. You must show that reasonable skill and care has not been used if you wish to make any claim.

Our liability, except in cases involving death, injury or illness, is limited to a maximum of three times the price of your booking. We shall have no liability where the cause of the failure to provide, or failure in, your arrangements or any death or personal injury you may suffer is not due to any fault on our part or that of our agents or suppliers, because it is either:

  1. attributable to you or a member of your party;
  2. attributable to someone unconnected with your arrangements and is unforeseeable or unavoidable;
  3. is due to Force Majeure;
  4. is due to unusual or unforeseeable circumstance beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or
  5. an event which neither we, nor our agents or suppliers could have foreseen or forestalled.

Changes in itinerary may be caused by local political conditions, mechanical breakdown, weather, border restrictions, sickness or other unforeseeable circumstances. Pro rata refunds will be given for services not utilised where possible.

Please note that the timings of departures are estimates only. These timings may be affected by operational difficulties, weather conditions or failure of passengers to check in on time.

Photography

An essential part of the success of our brochures is using photography that gives clients a true idea of the product, rather than using models. Photographers are occasionally in our cruising areas. Any likeness or image of you secured or taken on any of our arrangements may be used by the Company without charge in all media (whether now existing or in the future invented) for bona fide promotional or marketing purposes, including without limitation promotional materials of any kind such as brochures, slides, video shows and the internet. If you have any strong objections to close up photography of yourself and your party, please indicate your feelings to the photographer at the time.

Charter and Event Information Documents

If we issue detailed event information documents for your booking, these event information documents and all the information contained therein will be deemed to be part of the contract. Event information documents available from our website or by post from ReesLeisure, Enterprise House, 27-29 Market Street, Eastleigh, SO50 5RG, contain up-to-date definitive information about the itinerary and arrangements.

Should there be a discrepancy between the information in the brochure or website and the event information documents, the information in the event information documents supersedes that in the brochure or on the website and will be considered the most up to date and accurate.

Special Requests

The Company will consider special requests, when you book. We will tell you whether there is a charge for the request. We can only guarantee requests for which there is a charge, or those that are confirmed in writing.

Privacy Policy

ReesLeisure’s Privacy Policy sets out what information we collect, how we collect it, and what we do with it.

Information About You

Your Information

This refers to a combination of information such as your name, contact details, travel preferences and special needs/disabilities/dietary requirements that you supply us or is supplied to us, including any information about other persons on your booking (“your information”).

Your information is collected when you request information from us, contact us (and vice versa) or make a booking. You are responsible for ensuring that other members of your party are aware of the content of our Privacy Policy and consent to your acting on their behalf in all your dealings with us.

We will update your information whenever we can to keep it current, accurate and complete.

Our Use of Your Information
  1. We may collect and process your information for the purposes set out in our registration with the Office of the Information Commissioner, and disclose the same to our group companies for business purposes and also to companies and our service providers who act as “data processors” on our behalf, or to credit and fraud agencies (some of whom are located outside the UK/EEA). These purposes include administration, providing services (and contacting you where necessary), customer care, service quality, business management and operation, re-organisation/structuring/sale of our business (or group companies), risk assessment/management, security, fraud and crime prevention/detection, monitoring, research and analysis, social media, reviews, marketing, customer purchasing preferences and trends, dispute resolution/litigation, credit checking and debt collection.
  2. Information (such as health or religion) may be considered “sensitive personal data” under the General Data Protection Regulation (GDPR). We collect it to cater to your needs or act in your interest, and we are only prepared to accept sensitive personal data on the condition that we have your positive consent. By booking with us you also agree for your insurers, their agents and medical staff to exchange relevant information and sensitive personal data with us in circumstances where we/they need to act on your behalf or in the interest of passengers or in an emergency.

If you do not agree to Our Use of Your Information above, we cannot engage/do business with you or accept your booking.

Direct Marketing Material

  1. From time to time we would like to contact you with information on offers of goods and services, brochures, new products, forthcoming events or competitions from our holiday divisions and our group companies. If you would like to receive such information, please subscribe to our mailing list at www.reesleisure.co.uk. We will tailor the information we send you unless you tell us not to. This will enable us to send you more personalised and relevant communications. You will be given the opportunity on every communication to opt-out of this personalisation.
  2. You may indicate your preference regarding receiving third party direct marketing material.
  3. If do not wish to receive such information or would like to change your preference, please refer to point (2) of “Your Rights” below.

Your Rights

  1. On completing our Data Subject Access Request form, you are entitled to a copy of the information we hold about you and to correct any inaccuracies.
  2. You have the right to ask in writing not to receive direct marketing material from us. If available, you can amend your previous preference on our website(s), use our “unsubscribe email” or refer to our literature containing instructions. Once properly notified by you, we will take steps to stop using your information in this way.
  3. For a list of relevant brands, please send us your request. Please write to ReesLeisure, Enterprise House, 27-29 Market Street, Eastleigh, SO50 5RG.

Foreign Controls

Outside the European Economic Area (EEA), note that controls on data protection in such countries may not be as strong as the legal requirements in this country.

USE OF TOOLS/"Cookies" and Links to Other Websites

If our contact and dealing with you is via our website(s), we may use cookies. To find out more about the types of cookies on our website(s), how we use cookies, to disable them or to change your preference and more, please refer to the information provided on our website(s). By using our website(s), you consent to our use of cookies.

Our website(s) may contain links to third party websites or micro-sites not controlled or owned by us. For example, reference sites or ancillary products and services sites or websites owned by our sister companies. It is your responsibility to check the status of these sites before using them. Please read their applicable terms and conditions, etc. carefully.

Monitoring

To ensure that we carry out your instructions accurately, improve our service and for security and fraud, we may review, monitor and/or record: (1) telephone calls; (2) activities using CCTV in and around our premises; (3) transactions and activities at all points of contact; and (4) web traffic, activities, etc. and social media. All recordings and derivative materials are and shall remain our sole property.

Security Statement

We have taken all reasonable steps and have in place appropriate security measures to protect your information.

Changes to this Policy

Any changes to this Policy will be posted online and/or in the relevant brochure.

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