This document sets out the standard booking terms and conditions of Olink OÜ (referred to in this document as and trading as ‘Sailomate’), a company registered in Estonia with the number 12116512 whose registered address is at Estonia, Harju maakond, Tallinn, Punane tn 16/1-607, 13619.
Please ensure you read this document in full before booking. Any references to ‘you’ are to you, the holidaymaker, who has contracted with Sailomate either in your own right or on behalf of others. Any references to ‘us’ and ‘we’ are to Sailomate.
THE NATURE OF THESE TERMS
As soon as any payment is made, a contract will automatically arise between you and Sailomate, giving both parties respective duties and obligations under that contract. These terms and conditions (“Terms”) will form the basis of any contract between you and Sailomate.
Sailomate reserves the right to make reasonable changes to these Terms at any time where such changes are necessary (for instance, in the case of a change in the applicable laws or regulatory requirements). Such changes will take effect when the updated terms and conditions are uploaded to the ‘Sailomate’ website.
BOOKING PROCEDURE
To make a booking, the individual nominated to be the main point of contact between Sailomate and the Crew or, as the case may be, the occupants of a cabin (‘the Lead Booker’) by the group of guests that constitute the members of that individual’s crew or the occupants of a cabin (‘the Crew’) or the individual making a booking on his/her own behalf should submit the booking using Sailomate website.
Prior to confirming the booking, the Lead Booker will be provided with details of all the facilities and costs included as part of the trip.
On submitting the booking, the Crew (including the Lead Booker) agree that:
a. Sailomate will contact you as soon as possible to confirm your booking, the total price due under the contract, and details of how to access additional information such as the date when your deposit will be due and the details of the payment plan. The confirmation will (subject to our Terms) occur within 5 working days of your booking request;
b. Sailomate reserves the right to cancel any booking within the period of 5 working days from the time of completion of the booking should the yacht selected under that booking be unavailable for any reason whatsoever. Please note paragraph 5(c) as regards the consequences of cancellation under this paragraph 5(b); and
c. Sailomate is not liable to reimburse the Lead Booker or the Crew for any transport costs (including airline costs) incurred by the Lead Booker or the Crew within the period of 5 working days from the time the Lead Booker completes the booking on Sailomate website where the booking is cancelled under paragraph 5(b). Therefore, the Lead Booker and the Crew are strongly advised to make any necessary transport arrangements only following the expiration of 5 working days from the time of receipt of confirmation of the booking from Sailomate.
The Lead Booker, who is liable for the whole booking, confirms that through making a booking via Sailomate website he/she has the authority to act on behalf of the Crew and that each member of the Crew has read and agreed to all relevant terms and conditions. This is a condition of making a booking with Sailomate.
Unless otherwise agreed in writing by Sailomate, the Lead Booker must be a guest, skipper or host on the boat he or she has booked. All guests, including the Lead Booker, must be at least 20 years of age.
Sailomate does not accept liability for the costs associated with any errors in your confirmation email that are not due to Sailomate and are not brought to our attention within 5 working days of the date of that confirmation email. Sailomate reserves the right to correct any obvious errors in a confirmation email as soon as we become aware of them and to notify you of any corrections made.
BOOKING PROCEDURE – CABIN BOOKINGS
When making a cabin or solo booking you accept that allocation of cabin space is at Sailomate’s discretion. Although Sailomate shall use its reasonable endeavours to find the best ‘fit’ for you, Sailomate cannot always guarantee compatibility of the guests in each cabin or each yacht. Where guests are not compatible, Sailomate will not move a guest to a different yacht or crew.
CHECKING-IN
All guests are required to check in online (via email). Those who do not check in online will be charged an administrative fee of EUR(€) 10 to check-in on site and may be required to complete a lengthier check-in process.
Online check-in for yacht bookings will be available 8 weeks before your scheduled event date. Online check-in for cabin and solo bookings will be available 2 weeks before your scheduled event date
Upon arrival at your base marina, you will be required to produce the following:
a. Proof of identification.
b. Proof of up to date vaccination against COVID-19 or a Negative COVID-19 test certificate in line with the destination requirements. Failure to show a valid negative certificate may result in you being prevented from attending the event and not being eligible for a refund. This paragraph is subject to change and you will be provided with further information prior to your trip.
c. Guests may be required to undergo rapid lateral flow testing at Sailomate check-in as an extra precaution. This will be conducted at no additional cost to you.
d. We reserve the right to prevent a guest from attending the event who has tested positive for Coronavirus within 14 days of the event
e. We reserve the right to update our COVID-19 policy in accordance with government guidance enforced by the destination country. Sailomate cannot be held responsible for any short notice changes to government restrictions.
Sailomate operates a strict age policy, as per paragraph 7. As such, Sailomate reserves the right to reject you or anyone on your booking at check-in should it be discovered you are in fact in violation of our age policy. In such circumstances you will not be refunded any sums paid, nor will Sailomate assume any responsibility for additional expenses incurred as a result of our refusal to allow you to participate.
In these Terms, the ‘Booking Ratio’ refers to any Crew’s’ gender ratio at the time the Lead Booker made the relevant Sailomate holiday booking, and the ‘Checking-In Ratio’ refers to any Crew’s gender ratio at the time of checking-in at any Sailomate check-in venue. In the event the Checking-In Ratio does not conform to the Booking Ratio, Sailomate reserves the right to reject boarding upon check-in and/or apply a EUR(€) 200 administration fee on-site to adjust the Booking Ratio to conform to the Checking-In Ratio. The EUR(€) 200 administration fee shall apply to each and every guest which requires adjustment and is not a single administration fee applicable to the booking as a whole.
The Booking Ratio cannot be changed once entered. There is a possibility that Sailomate staff may be able to make manual changes to your booking in order to alter the Booking Ratio, but these changes cannot be guaranteed. Should any change be made, an administration fee will be chargeable in accordance with paragraph 14. Sailomate accepts no liability if you make a mistake when entering the Booking Ratio.
In the event that upon arrival at any Sailomate check-in venue you attempt and/or wish to add additional crew to the crew list you provided in your booking Sailomate reserves the right to apply a EUR(€) 200 administration fee on-site to adjust the crew list. The EUR(€) 200 administration fee shall apply to each and every guest which requires adjustment in accordance with paragraph 14.
PRICING
Sailomate reserves the right to change the price of your booking before your booking is confirmed.
Any such changes will be communicated to you. Sailomate reserves the right to correct pricing errors after confirmation. In the unlikely event of a pricing error, we will notify you of the correct price and you will have the option to pay the correct price or cancel the booking with a full refund.
Prices do not include the associated food costs for any skipper or host contained in the booking, and Crews are obliged to provide at least three meals a day for their skipper and host at reasonable meal times.
The default invoice payment currency is in EUR(€) but you may be able to pay in alternative currencies specified as being available and accepted by Sailomate on our website from time to time. See paragraph 23 also.
Sailomate can change the price of any package after you’ve booked, only in certain circumstances:
a. If there are changes in the price of the carriage of passengers resulting from changes to the cost of fuel or other power sources, the level of taxes or fees imposed by third parties including tourist taxes or embarkation or disembarkation fees at ports, or exchange rates. However, there will be no change within the period of 20 days preceding your departure.
b. We will absorb, and you will not be charged for, any increase up to any amount equal to 2% of the price of your travel arrangements (other than costs associated with insurance premiums and any amendment charges). You will only be charged for any amount over that 2%. If this results in an increase equal to more than 8% of the price of your travel arrangements, you will have the option of:
i) changing to another holiday if we are able to offer one (in which case we will refund any price difference if the alternative is of a lower value); or
ii) cancelling and receiving a full refund of all monies paid, except for any amendment charges. Should you decide to cancel: Should the price of your package booked go down due to the cost changes mentioned above, then an amount equal to the reduction will be paid to you. We will deduct from this amount our reasonable administrative expenses. Please note that travel arrangements are not always purchased in local currency.
PAYMENTS
You will pay Sailomate the sum specified in the confirmation invoice.
The default invoice payment currency is in EUR(€). If you choose to pay with GBP(£), CAD($), AUD($) or USD($) (or any other currency) the price listed may change depending on fluctuations in exchange rates including the internal exchange rate which Sailomate may apply in any future payment transactions. For this reason, you are advised to pay in the currency specified in your Invoice if you do not wish to pay any price variations as a result of fluctuations in exchange rates, including the internal exchange rate which Sailomate may apply in any future payment transactions.
The payment instalment plan will vary depending on the event week and destination you have booked. You will be advised of the specific payment plan for your booking prior to issue of the confirmation invoice. For the majority of events the payment instalment plan shall be as follows:
For Yacht, Cabin and Solo Bookings
a. 10% of the total cost of the booking must be paid immediately upon booking. This will be a non-refundable deposit unless the booking is cancelled in accordance with paragraph 33, 35 or 38;
b. 35% of the total cost of the booking must be paid no later than 30 days after the date on which the booking is made; and
c. 100% of the total cost of the booking must be paid no later than 90 days before the event begins (check your booking to see the exact date).
d. For bookings made between 120 and 90 days before the event begins (check your booking to see the exact date), 40% of the total cost of the booking must be paid upon booking. For bookings made less than 90 days before the event begins, 100% of the total cost of the booking must be made upon booking.
e. Recurring payment – if the recurring payment option is selected the revised payment schedule will be presented before acceptance and will be based on the amount remaining to be paid and the number of months pre departure. If this option is selected the cardholder agrees that future payments can be debited from that method of payment on a recurring basis until the balance has been paid. If this recurring schedule is broken for any reason Sailomate will look to ensure that balances are paid at least in accordance with (a) – (d) in this paragraph.
The payment terms for bookings with the ‘Flexible Payments’ tag may differ from the payment instalment plan within paragraph 24. Please check your booking for the correct payment terms specific to your booking as the payment terms of your booking will prevail over these Terms. For the avoidance of doubt, Sailomate guarantees that where your payment terms differ from these terms, your payment terms will never be less favourable to those in these Terms.
If you fail to pay an instalment by a payment due date Sailomate reserves the right to cancel the booking and you will not be entitled to a refund of any sums paid.
It is your responsibility to check the payment due dates and ensure that payments have been made in accordance with the payment instalment plan. Any delay in making a payment may result in your booking being cancelled by Sailomate without a refund. If you are likely to be unable to make a payment on time you must contact Sailomate as soon as possible to request an extension to the relevant payment due date. If such an extension is agreed, Sailomate will communicate this to you in writing.
If the first payment under paragraph 24 or paragraph 25 is not made on time, the booking will be automatically cancelled.
If payments are not made from an account/card in the name of the Lead Booker, Sailomate reserves the right to request authorisation from the account holder.
CANCELLATION AND VARIATION POLICIES
Variation by Sailomate
As Sailomate’s booking information is prepared well in advance, some minor aspects of your booking (e.g. change of skipper, change of host or minor itinerary amendments due to weather or local restrictions) may have to change closer to the time of your holiday in order to make the booking work and we reserve the right to do so.
If major changes (e.g. significant change of dates or significant change of accommodation) to your package booking are needed, you will be notified as soon as is reasonably possible. In this instance you will be able (except where we are subject to unavoidable and extraordinary circumstances) to either:
a. cancel the booking with a refund of all sums you have paid;
b. choose to accept the changes; or,
c. make an entirely new booking.
You must inform Sailomate of your decision within three working days of being informed of the changes made to your booking. If you do not inform Sailomate, we shall be entitled to cancel your booking and issue a full refund. Where we are subject to unavoidable and extraordinary circumstances, (being a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such circumstances include but are not limited to, dangerous weather conditions, pandemic, epidemic fire, natural disaster, industrial actions, war, riots, and natural disasters), your rights under these Terms may be different as we will follow any applicable guidance which may allow us to postpone refunds, to offer credit notes and, in some circumstances, to withhold refunds.
There is a possibility that the yacht you select when booking may not be available. Should this be the case, Sailomate shall notify you as soon as possible. Sailomate reserves the right to either cancel your booking in accordance with paragraph 5(b) and/or 28 or offer you a replacement yacht. The following shall apply to a replacement yacht:
a. If Sailomate offers a more expensive replacement, which contains the same capacity as the yacht you chose on booking, this shall be considered an upgrade.
b. If you are upgraded, Sailomate reserves the right to downgrade you to a yacht of the same quality as that which you originally booked if the upgrade offer becomes unavailable. Should this happen, Sailomate guarantees that you will receive the same (or better) quality and type of yacht that you originally booked.
c. In the event a refund is paid to you for a package holiday, we will pay compensation as detailed below except where the cancellation is due to unavoidable and extraordinary circumstances (as defined above), which means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken.
Period before departure in which we notify you
Refund amount you will receive (%)
More than 84 days
0
Between 83-29 days
10
Between 28-15 days
20
Between 14-18 days
30
Between 7-1 day
40
Less than 1 day
50
This does affect your statutory remedies and does not exclude you from claiming more from Sailomate if you are entitled to do so
Cancellation by Sailomate
Sailomate reserves the absolute right to cancel your booking. For any packages booked, we will not cancel less than 90 days before your departure/start date, except for unavoidable and extraordinary circumstances, or failure by you to pay the final balance, or because the minimum number required for the package to go ahead has not been reached. If Sailomate cancels your booking under this paragraph 34 you will be (except where we are subject to unavoidable and extraordinary circumstances) entitled to a full refund. Alternatively, you may choose to accept another booking of the same type and quality as a replacement for the cancelled booking. If you accept Sailomate’s offer of a replacement booking of lesser quality, then you will be entitled to a refund of the difference in price between the original booking and its replacement. Where we are subject to unavoidable and extraordinary circumstances (as defined above), your rights may change as we will follow any applicable guidance of any regulatory body or trade membership which may allow us to postpone refunds, in some circumstances, to withhold refunds and issue a Credit Note with an end date at which time a full refund can be issued.
The minimum number required as per paragraph 38 above will be provided to you with the package description, along with the time limit for us to tell you if the package has to be cancelled.
In the event a refund is paid to you for a package, we will pay compensation as detailed below except where the cancellation is due to unavoidable and extraordinary circumstances (as defined above)
Period before departure in which we notify you
Refund amount you will receive (%)
More than 84 days
0
Between 83-29 days
10
Between 28-15 days
20
Between 14-18 days
30
Between 7-1 day
40
Less than 1 day
50
This does not affect your statutory remedies and does exclude you from claiming more from Sailomate if you are entitled to do so.
Sailomate reserves the right to cancel your booking in the event of unavoidable and extraordinary circumstances (as defined in paragraph 31). In such circumstances no compensation will be payable to you and you may be entitled to a refund of all monies paid depending upon any applicable guidance of any regulatory body or trade membership which may allow us to postpone refunds, to offer refund credit notes and, in some circumstances, to withhold refunds.
In the event a Festival or a Training or a special Party or any other ticketed event which is a part of your booking, is cancelled or postponed, Sailomate reserves the right to run an adjusted itinerary and only the amount that you paid for such event (as applicable) tickets will be refunded.
Any refund payable by Sailomate can only be made to the credit or debit bank card from which the payment was made in the first instance.
Cancellation by You
If you decide to cancel your booking:
a. you must inform Sailomate in writing as soon as possible. Your booking will not be cancelled until Sailomate receives your notice of cancellation in writing. If you transmit this written notice by email, then you must follow up via telephone during Sailomate’s normal office hours (any week day except a public holiday between the hours of 0900 – 1730) to check that the email has been received;
b. By making payment towards a booking but not as the Lead Booker, you accept that any sums paid towards the booking will not be refunded by Sailomate in the event you cancel.
If you cancel your booking to a Sailomate event at any destination the following minimum cancellation charges (as a percentage of the total booking cost) shall apply:
For Yacht, Cabin and Solo Bookings
a. Within the first 24 hours of booking or reservation only – 0%
b. From 24 hours after booking to no later than 30 days from the booking date or 90 days prior to the event date (whichever comes first): 10%
c. Thereafter, until 91 days prior to the event date (check your booking to see the exact date): 35%
d. Within 90 days, or less, prior to the event date (check your booking to see the exact date): 100%
42 The cancellation charges for bookings:
a. flagged with a ‘Flexible Payment’ tag; or
b. a ‘free cancellation tag’; or
c. with a different payment structure to that detailed in paragraph 28 (check your booking to see the payment instalment plan relevant to your booking),
shall differ from the cancellation charges listed in paragraph 41. For Flexible Payment bookings, the cancellation charges shall reflect your enhanced payment terms. For the avoidance of doubt and by way of clarity, where you cancel a Flexible Payment booking, Sailomate shall retain all sums paid up until cancellation.
You will also be liable to pay any cancellation charges imposed by suppliers or any other costs incurred by Sailomate. Sailomate may use money that you have previously paid to cover cancellation charges or to pay charges imposed by a supplier without refund to you. Sailomate will take reasonable steps to ensure that all costs and losses are kept to a minimum.
Covid-19
If you are unable to attend any event or your package holiday due to Covid-19, including but not limited to contracting Covid-19, a requirement to isolate either at home or abroad, failing any tests or checks or failure to have the correct vaccinations and/or within the correct timeframes or documentation or any other proof or measures imposed by any supplier of services, port or border control or any other government body or local authority you will not be eligible for a refund and will be required to pay any cancellation charges as necessary. Your travel insurance may cover some of these costs for you – please check the policy wording. Refer also to paragraph 121 and 122.
Your travel insurance policy may cover cancellation charges, please check your individual policy for details.
Variation by You
If you would like to change any aspect of your booking, the Lead Booker must inform Sailomate as soon as is reasonably possible. You will be responsible for the additional costs we incur in catering for the changes you request. For the avoidance of doubt:
a. skippers cannot under any circumstances be removed and are mandatory;
b. where you cancel a host or food package once your invoice is paid in full, no refund will be payable to you; and
c. the cost of events which are a part of the booking is not refundable under any circumstances whatsoever.
Please note that Sailomate may not be able to cater to all changes you might wish to make. All changes will be subject to availability and will be made at Sailomate’s discretion.
In the event you wish to make changes to the cabin type, destination or date of a booking, changes will be made entirely at the discretion of Sailomate and we reserve the right to charge an administration fee of €200 for each change.
Changes of yachts or dates will be treated as cancellations and charges will be applied in accordance with paragraph 41. However, in the event that a more expensive booking is subsequently made by the Lead Booker and the previous yacht is resold at the original booking value, the usual cancellation fee shall be waived and an administration fee of €250 shall be levied in its place.
Adding a Host
Adding a host after the final payment date will incur additional charges in line with the cost incurred by Sailomate. These charges will vary depending upon destination and supply.
Change of Customer
If the Lead Booker or any member of your Crew no longer wish to participate in the charter or benefit from the services booked, Sailomate may, agree to a substitute customer being added to the booking. The substitute customer would need to satisfy all the same conditions of the booking. You should notify Sailomate in writing at least 7 days before the date of your trip of your intention to substitute a person on the booking. Both the leaving and the substitute parties accepting joint and several liability for full payment of any sums outstanding for the booking.
In the event that paragraph 51 above applies in addition to any outstanding payments due and any additional costs of our suppliers to make the transfer, Sailomate reserves the right to apply a EUR(€) 200 administration fee.
By requesting a change of customer pursuant to these Terms, the Lead Booker confirms that the new guest has read and agreed to these Terms.
YACHT SPECIFICATIONS
You can find specifications, measurements, inventories, charter company information, and other data relating to yachts on Sailomate website. They are correct at the time of posting but Sailomate cannot guarantee that the yacht will meet the exact details described on the website.
If the Classic, Premium or Luxury Yacht option has been selected, the yacht will be allocated to you 14 days prior to your departure date. This allocation will include the yacht with all its specifications as well as the marina from which you will depart and the refundable damage deposit due. The yacht you are allocated is not guaranteed and may be subject to change.
Pictures of yachts are intended only to give a general idea of the type of yacht you are chartering and are based on official images provided by the yacht manufacturers. Sometimes there are differences between the yacht shown in a picture on the website and the yacht you are given by the charter company. Sailomate cannot guarantee that your yacht will be the same as the one shown in the picture on our website. However, Sailomate takes misrepresentation very seriously. If you believe that a picture on Sailomate website is misleading, please inform Sailomate as soon as possible so that steps can be taken to address the situation.
YACHT DEPOSIT
Upon arrival, the yacht charter company will require a security deposit to cover additional cleaning, loss, or damage caused to the boat. This security deposit is for the entire yacht; it is up to you and your crew to determine how this sum will be paid. This will be refunded (less any sums deducted) at the end of your trip. Payment can usually be made by credit or debit card, although some yacht charter companies accept cash only. The following apply in relation to the security deposit:
a. Some yachts may have the option to pay a non-refundable deposit in place of the refundable security deposit; the non-refundable deposit will be a lesser sum than the refundable deposit option, however, even where no damage and/or loss occurs to the yacht, the amount you have paid will not be refunded to you under any circumstances.
b. For cabin and solo bookings, it is recommended that you make the security deposit payment in cash and bring enough cash to cover your portion of the security deposit. More details about the deposit will be sent to you prior to your departure.
c. Any and all security deposit payments, whether refundable or not, shall be strictly between you and the charter company. Sailomate cannot accept liability for the return or loss of such funds.
At check-in you will be required to sign the charter company’s terms.
CHECKING-OUT
The Lead Booker and the individual who paid the deposit (unless they are the same person), must be present at check out. If he/she or they are absent, should the charter company deduct any sums from your deposit for damage to the yacht, the skipper will not be in a position to argue any costs on your behalf and will sign off on the damages in order to proceed with check-out. As a result, the crew risks losing the deposit. Sailomate cannot accept liability for the return or loss of such monies.
Check out shall take place at 09:00. As such, whilst Sailomate can guarantee your yacht will be back in the marina from which you departed from at this time, it strongly advises that onward travel arrangements be made for after this time and cannot accept responsibility for any travel arrangements made to take effect before this time.
ITINERARY
The itinerary, as provided to you, may be affected by weather conditions (for example, the circle raft might not be viable in adverse weather conditions). Whilst we try our utmost to ensure the itinerary is followed as closely as possible, Sailomate cannot be held liable for deviations in the itinerary due to circumstances outside its control. This includes changes as a result of COVID-19 and local government restrictions.
Your itinerary will be confirmed 4 weeks prior to the date of departure and may be subject to change at any time. Sailomate will accept no responsibility for any additional activities or bookings you have arranged at your own expense which may be affected by such change.
TRANSFERS
Your booking does not include: transport to and from your home country, coach transfers between the airport and the marina, or any other type of transport unless you have selected transfers from Sailomate’s website as an optional extra if applicable.
Crews who have selected coach transfers between the airport and the marina (or any other type of transfer) from Sailomate’s website as an optional extra agree to be bound by the applicable rules and regulations of travel and agree to follow the reasonable instructions of the driver at all times. Failure to comply with any relevant legislation (e.g. rules relating to the consumption of alcohol or smoking while travelling by coach) or any reasonable request from either the driver or a member of Sailomate’s staff will be treated as a breach of contract by the Crew(s) concerned. This may result in the holiday booking being terminated and/or the expulsion of the Crew(s) from the transfer vehicle.
Coach transfers are offered as a standalone option and are linked directly to published flight times. Except for paragraphs 64-69 (inclusive), these Terms will not apply to standalone coach transfers that were not booked at the same time as your package booking and that did not form part of your package. Sailomate will not, in any case, accept any responsibility for cancelled, delayed, rescheduled flight times or re-routed flights purchased through a third-party that impacts upon the booked coach transfer. Should a booked flight be cancelled, delayed, have its flight times rescheduled or re-routed by the relevant airline, Sailomate cannot alter published coach transfer schedules in order to accommodate such changes since coach transfers provide transport for multiple inbound and outbound flights.
Sailomate will not monitor any changes to individual flight details. Should your flight be cancelled, delayed, rescheduled or re-routed by the relevant airline after a coach transfer has been booked, it is the responsibility of the guest(s) to inform Sailomate. Likewise, if flight details or transfer timings are entered incorrectly by the Lead Booker, Sailomate shall not be liable for any direct or indirect loss or damage suffered or incurred by the Crew as a result.
It is the responsibility of the Lead Booker to ensure adequate time is allowed for the transfer, traffic delays and airport formalities. Sailomate shall not be liable for any direct or indirect loss, cost, expense or damage resulting from missed flights or appointments.
In the event that coach transfer is cancelled by Sailomate, the affected Crew(s) will be offered a full refund of the coach transfer cost only, thereby allowing the affected Crew(s) to use this refund towards making their own travel arrangements to and from the destination.
Regardless of mode of transport, delays can occur. By choosing to travel by transfer the Lead Booker acknowledges on behalf of their Crew that due to weather conditions, mechanical failure, traffic, an accident or some other reason, delay often cannot, even with all due care, be predicted or prevented. Accordingly, Sailomate cannot accept liability for any inconvenience or expense you may incur as a result of such delays.
PASSPORTS AND VISAS
It is your responsibility to have valid travel documents. You must ensure that you have a valid passport and any necessary visas to enter any country you are visiting, including transit stops, prior to your departure.
Sailomate cannot help you to obtain the correct passports, visas, or other documentation that you might need.
TRAVEL INSURANCE
Sailomate does not sell or organise travel insurance. You must buy travel insurance before going on holiday. You should make sure that your insurance policy covers adventurous activities such as sailing. Please read your policy carefully to ensure it complies with this requirement and covers all of the activities in which you are going to be participating. We strongly recommend your insurance covers cancellation, personal liability, loss of personal property and travel disruption in the event of travel restrictions. It is a condition of your booking that you have a suitable travel insurance policy in place. Sailomate accepts no liability to those who travel without travel insurance in breach of this paragraph. You also agree to indemnify us against all third-party claims, actions or other remedies which may be brought or sought against us in respect of your participation in the holiday.
You must purchase a specialist travel insurance policy which includes specific cover for Covid-19 related issues and incidents which may affect your booking and, if necessary, travelling to a destination with a high Covid-19 rate. It remains your responsibility to read and understand the insurance policy and ensure that it is suitable and adequate for your particular needs. Please read your policy details carefully and take them with you on your trip. If you choose to travel without adequate insurance cover, we will not be liable for any losses suffered by you in respect of which insurance cover would otherwise have been available.
In the event of your withdrawal from the holiday either before or after its commencement as a result of illness, self isolation or quarantine you are responsible for meeting the requirements of your insurer in support of any insurance claim. Sailomate is under no obligation to make any refund in respect of any absence from the trip.
YOUR BEHAVIOUR/RESPONSIBILITIES
If, in our reasonable opinion or the reasonable opinion of the provider of any part of the services to which your booking relates, your behaviour poses a danger to you or those around you; or causes or is likely to cause damage to people or our property, the property of our suppliers or the property of third parties or breaches any local law; is abusive or threatening in any way; causes or is likely to cause a public nuisance; or you do not follow the instructions or orders of the skipper or any other Sailomate representative including the customer service team or any other Sailomate staff member, Sailomate reserves the right to immediately cancel your booking without paying you any refund whatsoever. This means, among other things, that:
a. your skipper could refuse to continue to work;
b. you may be required at any time during your booking to leave a yacht you have booked and the contract between us will terminate (and you will be solely responsible for making your own travel arrangements. We will not be held liable to you for any expenses incurred by you after our contract with you has terminated); and/or
c. written, spoken or any other form of communication that is abusive or threatening on any platform
d. we reserve the right, in our absolute discretion, to ban you from any future Sailomate bookings or other Sailomate Group events.
External speaker systems are not permitted. Music must not be played in marinas after 8pm.
The nature of some of the activities you may choose to participate in during your holiday may involve a degree of personal risk. By purchasing a holiday from Sailomate, you accept that your purchase is solely and fully at your own risk and that you are responsible for your own actions. On accepting these Terms you also accept full responsibility for any damage, loss or expense caused by you or any person named on your booking.
Sailomate acknowledges that guests may wish to consume alcohol. You must, however, do so responsibly and Sailomate accepts no liability to you for any injury, cost, expense, loss or damage you suffer as a result of your judgment being impaired wholly or partly by alcohol or drugs.
Sailomate operates a zero tolerance drug policy. If you are found in possession of illegal substances, Sailomate reserves the right to cancel your booking without paying you a refund. This means (among other things) that you could be made to leave at any time during your booking the yacht you have booked. Sailomate reserves the right to inform the relevant law enforcement authorities as we see fit.
Sailomate operates a zero tolerance approach to sexual misconduct in all its forms. If you are found to have committed sexual misconduct during our events you will have your booking terminated. Sexual misconduct is defined as any unwanted conduct of a sexual nature which occurs in person or by letter, telephone, text, e-mail, via social media or other electronic means. It includes, but is not limited to, the following behaviour:
a. Engaging, or attempting to engage, in a sexual act with another individual without consent
b. Sexually touching another person without their consent
c. Kissing without consent
d. Sexual harassment – unwelcome conduct of a sexual nature which creates (or could create) an intimidating, hostile, degrading, humiliating, or offensive environment for others including making unwanted remarks of a sexual nature
e. Inappropriately showing sexual organs to another person
f. Repeatedly following another person
g. Recording and/or sharing intimate images or recordings of another person without their consent
h. Arranging or participating in events or conduct which may reasonably be assumed to cause degradation and humiliation to those who have experienced sexual violence, e.g. inappropriately themed social events or initiations.
You accept that the skipper allocated to your yacht is in charge of the yacht. The skipper will make decisions on behalf of the boat based on safety, the general consensus of the crew and local knowledge/experience of conditions and circumstances. Sailomate will not be liable for any loss of enjoyment or similar claims resulting from itinerary changes made by the skipper in the interests of safety and better guest experience.
You are solely responsible for your personal possessions and property; it is your sole and full responsibility to look after your personal belongings. Where you lose any item of your personal possessions, whilst we do everything possible to locate lost property we cannot guarantee to do so, nor can we guarantee to be able to arrange for your property to be returned. You should email info@sailomate.com with any inquiries relating to lost property. In the event that we are able to locate lost property and arrange for its return, all costs incurred as a result of doing so must be paid to us in advance along with an administration fee of €25. Sailomate reserves the right to increase the administration charge for the return of lost property for bulky items with special dispatch costs. Sailomate accepts no liability and cannot be held responsible for the safety of your personal possessions and any lost property in any circumstance whatsoever as it is your personal responsibility to look after your belongings.
Please note that if you are rude and unpleasant to our staff at any point before or after you have made a booking with us then we reserve the right to take action against you including cancelling your booking and withholding such part of any refund as shall properly reflect the impact of your behaviour. This includes behaviour towards customer service and sales agents.
In addition, Sailomate representatives shall be entitled to recover the cost of any damage or loss that is attributable to your conduct and/or fault, if necessary, before conclusion of your holiday and before your homebound transfer
Sailomate may collect still and video images of you during the course of your holiday for advertising and promotional purposes. By booking through Sailomate you agree that such images may be collected and used by Sailomate as Sailomate sees fit including commercial use and sale of the images. The images may be cropped, altered, combined or otherwise edited. You also agree that Sailomate will retain ownership of all rights in connection with such images.
Sailomate reserves the right to assign, grant, transfer or otherwise give to a third party the rights and ownership as described in paragraph 85 This shall extend but shall not be limited to employees, independent contractors, partners, sponsors and other entities or persons that are authorised by Sailomate to capture content for any authorised purpose, whether for commercial or personal use.
If you do not wish to be on camera or video this should be brought to the attention of Sailomate by sending an email to info@sailomate.com at least ten days before the commencement of your booking. This should include the name and contact details of the person who does not wish to be photographed or videoed along with your booking number and contact details.
By booking through Sailomate, you agree that any still and video images you capture during the course of your holiday will be used for personal purposes only. Unless you obtain written permission by Sailomate, you agree and guarantee that you will not under any circumstance use such content for any commercial purposes whatsoever; this does not prevent you from using such content for your own personal uses and across your personal social media channels. Where you breach this paragraph 92, Sailomate reserves the right to enforce removal of this content.
OUR RESPONSIBILITY
Sailomate accepts responsibility for ensuring that services offered and carried out are of a standard reasonably expected of a person skilled in offering and carrying out such services. We will use reasonable care and skill in performing our contractual obligations to you according to the laws and regulations of the country where your holiday takes place.
Sailomate will take reasonable care to ensure that reputable suppliers and businesses provide the services that make up your holiday. These organisations follow local and national regulations and laws of the country in which they operate. You agree that the overseas safety standards or the standard of any component of your package holiday booking may differ from those in your home country and in some instances may not meet the standards you are accustomed to at home (i.e. including but not limited to air-conditioning, refrigeration, Wi-Fi and lavatories).
Should you require refrigeration or air-conditioning services for medical related issues, Sailomate must be made aware of such prior to your booking. If made aware, Sailomate will use its reasonable endeavours to try and accommodate your needs. This does not guarantee that Sailomate will be able to provide the necessary services to you, and Sailomate accepts no responsibility for any loss or damage incurred by you if it is unable to meet these needs.
Our obligations, and those of our suppliers, in respect of reasonable care will be met in accordance with local law or, in the absence of this, local custom. Compliance with any applicable regulatory requirements will constitute proper performance on the part of Sailomate in the discharge of its duties and obligations under these Terms.
You must inform us without undue delay of any failure to perform or improper performance of the travel services included in your package. If any of the travel services included in your package are not performed in accordance with the Terms, or are improperly performed, by us or the travel service suppliers, and this has affected the enjoyment of your travel arrangements, you may be entitled to an appropriate price reduction or compensation or both.
Sailomate will not be liable where any failure to perform or improper performance of the travel services is due to:
a. you or another member of your party; or
b. the acts or omissions of a third party unconnected with the provision of the travel services in the package which are unforeseeable or unavoidable; or
c. unavoidable and extraordinary circumstances (as defined above).
Our liability is, in all cases save for death or personal injury, limited to three times the price of the booking. Our liability will also be limited in accordance with and/or in an identical manner to:
a. The contractual terms of the companies that provide the travel services that make up your package. These terms are incorporated into this booking. Please contact us for copies; and
b. Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of and conditions under which compensation can be claimed for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all the benefit of any limitation of the extent of or the conditions under which compensation is to be paid under these or any other applicable conventions.
Any sum received by you from suppliers will be deducted from any sum paid to you as compensation by us.
Circumstances (as defined above), we will bear the cost of necessary accommodation, if possible of equivalent category, for a maximum of three nights. The limit doesn’t apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, provided that you notified us of these needs at least 48 hours before the start of your holiday.
Sailomate will not be liable for to make compensation in respect of any lost flights or reimbursement of flight costs.
Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier to which any international convention or regulation applies, the maximum amount of compensation Sailomate will have to pay you will be limited in accordance with any relevant international convention or regulations.
You are obliged to assist Sailomate in recovering from any third party any sum that may compensate us for any sums we pay to you. In particular, you are obliged to assign to us any rights If it is impossible to ensure your return as scheduled due to unavoidable and extraordinary that you may have against any other person whose acts or omissions have caused or contributed to our liability to you. You must also provide us with all the assistance we may reasonably require.
Sailomate and those associated with it are not responsible for organising activities, excursions etc. on-site. Such activities will not form part of your package arrangements. If you suffer illness or injury whilst overseas arising out of an activity that does not form part of the contractual package arrangements, we are not responsible for the provision of the excursion or activity or for anything that happens during the course of or as a result of its provision by the operator.
Other than as is detailed in these booking terms and conditions, we shall have no legal liability whatsoever to you for any loss or damage which you suffer arising directly or indirectly from any aspect of your package.
103.Making a booking signifies your acceptance of the terms and conditions of Sailomate’s general waiver. This is available to view here.
104.Please note: Without prejudice to the provisions of paragraph 88-102, these Terms do not apply to any separate contracts that you may enter into for excursions or activities whilst on holiday. Any separate contracts that you may enter into are with the relevant supplier of those services.
ADDITIONAL ASSISTANCE
If you’re in difficulty whilst on holiday and ask us to help we will provide appropriate assistance, in particular by providing information on health services, local authorities and consular assistance; and by helping you to find alternative arrangements and any necessary phone calls/emails. You must pay any costs we incur if the difficulty is your fault.
EXCURSIONS
Excursions or other activities that you may choose to book or pay for whilst you are on holiday are not part of your package or booking provided by us. For any excursion or other activity that you book, your contract will be with the operator of the excursion or activity and not with us. We are not responsible for the provision of the excursion or activity or for anything that happens during the course of its provision by the operator.
COMPLAINTS
Sailomate maintains the highest standards in choosing yacht supplier partners. If you are unhappy with the performance of any element of a booking made through Sailomate, you must address your complaints to a member of Sailomate’s staff as well as the supplier at the earliest possible opportunity. We will then attempt to find an appropriate solution. Please allow us a reasonable opportunity to rectify the problems you are experiencing. Many complaints can be rectified on the spot or will be referred to a more senior member of staff. Failure to register any complaint at this time is likely to affect your right to compensation.
If you are dissatisfied with how your complaint was addressed, please contact our Tallinn office within 28 days using the contact details provided on Sailomate website.
DISABLED CUSTOMERS AND CUSTOMERS WITH SPECIAL REQUIREMENTS
It is important that you tell us about any special needs and requirements so that suitable arrangements can be made. Sailomate cannot be held responsible if you fail to tell us about special needs/requirements that may impact upon your booking and we will not compensate you in these circumstances. If you need support or advice prior to booking, please contact us using the contact details available on our website.
110.If you have a medical condition, mobility issue or a disability which may affect your booking, we may require a doctor’s certificate or other documentation relating to such condition, problem or disability. Please provide us with full details of any such condition, or disability in writing at the time of booking.
DATA PROTECTION
Sailomate will use your personal data for the purpose of administration, statistical analysis, assessment and analysis, marketing, host mailing, customer services, customer profiling, analysing your purchasing preferences, and improving services. Sailomate may disclose your information to its service providers and agents for these purposes. You have a right to request a copy of the personal data Sailomate holds about you, and to correct any inaccuracies in your information.
112.Sailomate maintains a full privacy policy which may be viewed on Sailomate website at all times. By booking through Sailomate you agree to the terms of that privacy policy.
RESELLING
Sailomate does not permit reselling of its products without prior written consent. Sailomate does, however, work with a select group of country managers/curators who promote Sailomate’s products in various locations.
114.If you believe your booking may have been resold in breach of these Terms, please contact Sailomate’s Customer Services Department at info@sailomate.com.
PROMOTIONS AND GIVEAWAYS
All promotions, incentives and giveaways are non-transferable and have no monetary value. It is at the discretion of Sailomate to award these as part of its marketing campaigns and they are subject to specific terms and conditions.
TRADE MARKS AND OTHER INTELLECTUAL PROPERTY
Sailomate (or its licensor) own all intellectual property rights in the trade marks, trade names and logos used by it. You are not (and no member of your Crew is) authorised to use any of those marks, names or logos without Sailomate’s express prior written consent.
ENFORCEMENT
No failure or delay by Sailomate in enforcing these terms shall prevent Sailomate enforcing them at a later date or act as a waiver of its right to do so. Similarly, partial enforcement shall not preclude further enforcement of the same, or another, term at a later date.
SEVERABILITY
If any provision or part of a provision, of these booking conditions is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provision or part- provision will be struck out of these booking conditions and the remainder of these booking conditions will apply as if the offending provision or part-provision had never been agreed.
ASSIGNMENT
You may not transfer or assign any of your rights or obligations under these booking conditions without Sailomate’s prior written consent.
JURISDICTION
Your contract with Sailomate shall be governed exclusively by the laws of Estonia. The courts of Estonia shall have exclusive jurisdiction to adjudicate upon any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes and claims).
COVID-19
If you make a booking with us during the Covid-19 pandemic, you confirm that you have checked, understood and accept any relevant government travel advice relating to your chosen destination, including where there may be a requirement on you to quarantine upon your arrival at your destination or on your return to your home country. You confirm that you have also understood and accept that there is a heightened risk of travelling during the Covid-19 pandemic, beyond that associated with travel during ordinary times. You are also required to purchase a specialist travel insurance which includes certain cover for Covid-19.
Sailomate maintains a strict COVID-19 Policy for the protection of our guests, our staff and the public. The following terms apply to your booking regarding COVID19:
a. All guests will be required to demonstrate their vaccination or testing status on arrival at Sailomate check-in. The requirements for attending Sailomate will be updated regularly on Sailomate COVID Policy page and communicated to guests in advance by email.
b. Guests who are found to have fake COVID-19 documents at Sailomate check-in or online will not be permitted to join the event and will not be eligible for a refund.
c. Guests may be required to undergo rapid lateral flow testing at Sailomate check-in as an extra precaution. This will be conducted at no additional cost to you.
d. Guests who test positive at check-in or during the event with a rapid flow COVID test will be offered the opportunity to take a PCR test. This will be at your own expense, Sailomate will recommend a suitable testing centre. While awaiting results of the PCR test the guests will be expected to self-isolate and not attend any Sailomate events. If the PCR test is negative, you will be able to re-join Sailomate events.
e. Guests who chose not to take a PCR test after testing positive on a lateral flow test will not be permitted to re-join Sailomate events and will not be eligible for a refund.
f. If you test positive during a Sailomate event you will no longer be permitted to attend Sailomate events and will be required to self-isolate as per the rules of the destination country. This will be a minimum of 10 days and will be at the guest expense. You will no longer be able to stay on your yacht and you will not be eligible for a refund or credit for lost days on the event.
FOR PACKAGE BOOKINGS MADE IN THE EEA
The combination of travel services offered to you is a package within the meaning of Directive (EU) 2015/2302. Therefore, you will benefit from all EU rights applying to packages. Sailomate will be fully responsible for the proper performance of the package as a whole. Additionally, as required by law, Sailomate has/have protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes/they become insolvent.
Key rights under Directive (EU) 2015/2302
a. Travellers will receive all essential information about the package before concluding the package travel contract.
b. There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.
c. Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the travel agent.
d. Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
e. The price of the package may only be increased if specific costs rise (for instance, fuel prices) and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8 % of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.
f. Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.
g. Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package
h. Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.
i. If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem. 11.12.2015 L 326/25 Official Journal of the European Union EN
j. Travellers are also entitled to a price reduction and/or compensation for damages where the travel services are not performed or are improperly performed.
k. The organiser has to provide assistance if the traveller is in difficulty.
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