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Booking Terms

Terms & Conditions Privacy Policy Cookie Policy Bookings Terms

Who are we?

We are Luxury Yacht Charters (Pty) Ltd (“Luxury Yacht Charters”, “we”, “us”, or “our”) a private enterprise. Services incorporated in 2015. We act as a booking agent for and on behalf of selected vessel owners. This means that we have no authority over vessels day-to day operations and of course that the vessel`s owner and the captain may decide and have the right to change, postpone, or cancel a booking.

How to book

When you first contact us about a specific vessel and charter, we will typically send you the full details about the vessel and your charter you have enquired about.

Once you and we are clear about the date and time of your charter, we will ask you to confirm the details of your booking and we will ask you to fill, sign and confirm the charter details and to acknowledge our Booking Terms. If you aren’t the person paying for the charter, we also need the person paying for it to sign our booking agreement.

Quotations and Reservations

After we have received the Booking Terms from you, you will receive a quote, invoice, and payment link to make the booking. If you would like to reserve the charter date and time, full payment or a 50% deposit payment will be required. Unfortunately, we cannot hold any bookings without payment confirmation.

We highly recommend you reserve your charter at your earliest convenience in order to avoid disappointment, especially during the high season months.

It is strongly advised that clients refrain from booking a charter on the final day of their holiday in consideration of the unpredictable weather conditions in Cape Town. It is recommended that clients keep several days available to account for potential rescheduling due to adverse weather conditions.

Quotes are valid for a period of 7 days. Quotations issued further in advance are indicative only and are subject to revision.

Quotes are subject to industry and market related increases including fuel fluctuations.

Payment Policy

Unless otherwise agreed with us in writing, only FULL payment secures the charter. No provisional bookings for required times and/or dates can be made without full payment.

Local payments.  We accept local payments (within South Africa) either per EFT (Electronic) bank payment or through a secure payment link using Peach Payments per email.

International payments. For international payments (outside South Africa), we will send you a secure payment link using Peach Payments per email.

Once we have received either a deposit or full payment, we will send you a charter confirmation email containing all relevant details of your booking and the payment.

Luxury Yacht Charters reserves the right to release bookings should payment not be received by the requested date.

The charter fee includes the yacht, captain and crew and is in South African Rands.

All other expenses such as catering, serving staff, entertainment are additional and must be paid in full before the charter.

Documents and confirmations we send

We get that reading documents and legal texts can be cumbersome and boring. However, since booking and arranging a charter requires both certainty and precise terms, we ask you to carefully read through the Terms & Conditions for your specific charter boat. 

Additionally, please make sure to take note of the arrival time, meeting points and the contact person before your scheduled charter date, to avoid any delays on the day of your charter. It is your responsibility to ensure that all the information provided is correct and that you are fully informed before your charter date.

Please note that upon confirmation of your booking and receipt of the charter confirmation details, you are acknowledging that you have read and understood and are fully aware of the vessel companies' terms and conditions, refund policies, and cancellation policies.

If you have any inquiries or concerns regarding any of the information provided, please do not hesitate to discuss them with me before your scheduled charter date.

Bookings – General Terms

Bookings are on a request basis only and are subject to availability.

Bookings will be quoted according to length of charter and proposed (hours, days and distance) itinerary.

Full names, contact details and email addresses of guests travelling are to be provided when booking to convert the booking from provisional to confirmed.

Conduct on Board

We also need to be clear of our house rules and of course the rules that apply to the vessel. The person named on the booking takes full responsibility of his / her guests and is to advise all guests that damages should be avoided and costs for damages caused will be billable. Equally all guests should be aware that the vessel`s owner and the captain operate a zero-tolerance policy and that altercations with the crew are taken very seriously.

Onboard Enquiries

You also agree and accept that only the person named on the booking can make enquiries whilst onboard and that guests and other third parties may not participate in the communications regarding the booking with the captain or crew member.

Cancellations and Refunds Policy

A 5% processing fee applies on refunds to all charters booked through Luxury Yacht Charters, regardless of the situation or reason for a refund from either the vessel company or from Luxury Yacht Charters, this includes but not limited to charters been cancelled due to adverse weather conditions, vessel mechanical issues, cancellations directly from the client, an event out of our control (force majeure) or any other reason related to the charter.  

Cancellation & Refund Polices varies with each vessel, circumstances are specific for each charter. Each vessel has specific T&C's relating to the vessel.

Cancellations by the Client

Generally, on the high-end luxury vessels the cancellation fee will be 50% of the Private Charter Rate should the client cancel the charter within 30 days of the departure date. Cancellations of less than 15 days prior to the departure date, 100% of booking fee will apply. The client will be liable for a 100% cancellation fee should the client not arrive for a booked scheduled cruise/charter.

Generally, on the catamarans the cancellation fee will be 100% of the Private Charter Rate should the client cancel the charter within (7 Days) of the departure date. The client will be liable for a 100% cancellation fee should the client not arrive for a booked scheduled cruise/charter.

Late arrivals/ No Show

If you are running late, it will go into your scheduled time. So please give yourself sufficient time to arrive. Late arrivals will result in less time out on the water. Should you not arrive on your rescheduled time at all, this is classified as a "No Show" and you forfeit your charter without any option to reschedule or receive any refunds.

Adverse weather

In the unfortunate event that a cruise/charter is cancelled by the vessel due to adverse weather conditions or for any reasonable reason, such as Engine Failure, “we” or the vessel company will not be held responsible or liable for any additional losses incurred by the person or company chartering the vessel.  The vessel company will endeavour to re-schedule the charter for a date convenient to both the client and vessel, alternatively, payment made by the client will be refunded.

In the case of Special scheduled cruises over Christmas Day, Boxing Day, New Years Day, New Years Eve, Valentines Day, Easter Weekend and Ocean Race Events, the Cancellation Fee will be 100% of the scheduled cruise/charter.

Cancellations will only be accepted in writing and they must be sent to info@luxuryyachtcharters.co.za. Please ensure that you get a response acknowledging your cancellation.

In the event of premature departure, the full extent of the stay as originally booked and confirmed will be charged.

Refunds of monies paid for bookings are at the discretion of Management.

We recommend that you take out insurance against cancellation due to unforeseen circumstances.

*****COVID-19*******

Please note that changes from the South African Government or SAMSA may require the total pax permitted on board to be altered or limited. If this should be the case any performance of your booking is subject to an event out of our control (force majeure). In any such circumstance we will notify you to arrange a re-booking to a future date suitable for you. No refunds will be provided, only rescheduling is possible.

Cancellations by the Vessel Owner

In the rare circumstances that a Vessel Owner may needs to cancel or postpone a booked and confirmed charter we will notify you as soon as possible. If this should be the case any performance of your booking is subject to an event out of our control (force majeure). In any such circumstance we will notify you to arrange a re-booking to a future date suitable for you. Please be advised that a cancellation of your booking is only possible if we are not able to accommodate your re-booking date and requires our written approval. Further, a 5% service charge becomes payable if such termination is agreed.

Refunds

Any refunds will be processed in the same manner in which the payment was made, i.e. if a payment was made via card the refund will be processed back onto the same card, if payment was made online the refund will be processed the same way, etc.  

Once your booking has been confirmed, you are in agreement that you are fully aware of the vessel companies T’s & C’s, refund and cancellation policy’s. A 5% booking fee applies on refunds to all charters booked through Luxury Yacht Charters (Pty) Ltd. 

Safety

The Vessel and/ Captain of the Vessel may terminate the charter, without refund, or recourse from the Vessel and/ or Captain or remove one or more persons from the yacht due to actions by the clients which in the opinion of the Captain jeopardizes the safety of the yacht or persons on board.

Child Policy

Children of all ages are welcome on the vessel however if they are minors (under the age of 21) they are to be accompanied by an adult.

Luxury Yacht Charters (Pty) Ltd and/ or any vessel on our Fleet cannot be held responsible for children on board.

Boarding Times

Guests should board 30 minutes before departure and disembark no later than 15 minutes after the agreed disembarkation time.

Should the guests wish to remain aboard for a longer period, this should be arranged in advance with the master. Pro-rate rates apply.

Right of Admission

Right of admission reserved, and all passengers are required to be in possession of a valid boarding pass before boarding the vessel.

Force Majeure

Force Majeure is defined as any cause attributed to acts of GOD, accidents, natural disaster, industrial action, unsuitable weather conditions or other natural occurrences beyond the reasonable control of the Vessel not caused by the Vessel's negligence. No warranty is made as to the suitability of weather with respect to the charter. The Captain shall have the option of terminating or cancelling the charter any time that he deems necessary.

General

Luxury Yacht Charters (Pty) Ltd and/ or any vessel on our Fleet cannot be held liable for any damage to or loss of personal goods.

Luxury Yacht Charters (Pty) Ltd and/ or any vessel on our Fleet reserves the right to charge for pilferage or damage to the vessel and/or its equipment and instrumentation.

All passengers, once aboard the vessel, fall under the direct authority of the Skipper and Vessel Operators and undertake to comply with any requests and/or instructions issued to them by such persons.

Passengers undertake, at all times, to respect the environment and will not intentionally pollute, damage or otherwise harm sea life and the surrounding environment.

Each and every passenger will be required to sign and indemnity form before being allowed on board the vessel.

Luxury Yacht Charters, any vessel on our Fleet and/or the Operator will be free from liability for failing to provide a service due to industrial action, unsuitable weather conditions, technical problems or other events beyond the Operators reasonable control.

Passengers bear the sole risk of injury to themselves or loss or damage to their property from whatsoever cause that arises, and acknowledge that they waive and abandon any claim or claims which they may have against the owners, management, master or crew of the vessel arising from any cause whatsoever including the negligent action or omission of the owners, management, master or crew of the vessel.

LIABILITY

Except in respect of death or personal injury caused by our negligence, we will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under express terms of this contract, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by our servants or agents or otherwise) which arise out of or in connection with the supply of the Services.

Luxury Yacht Charters (Pty) Ltd shall not be liable to you or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of our obligations if the delay or failure was due to any cause beyond our reasonable control.

WAIVER

No waiver by us of any breach of the Contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

THIRD PARTY RIGHTS

A person who is not a party to the Contract shall have no rights under the Contract.

SEVERANCE

If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected thereby.

GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by the laws of South Africa and the parties agree to submit to the exclusive jurisdiction of the courts of Cape Town.

 

Our Website

Any transaction you enter into with us through our website: www.luxuryyachtcharters.co.za is entered into with Luxury Yacht Charters (Pty) Ltd. Information you provide to us either on our website, by e-mail or through any other means of communication is held by Luxury Yacht Charters (Pty) Ltd.

By accessing our website you automatically agree to the following terms and conditions. Our website is provided for your personal use and must not be used for any commercial purpose.

We may change our website and correct, or update, information (including product information) at any time- without prior notice. Except with regard to the descriptions of products available for order, we do not guarantee the accuracy of any information provided on our website.

We do not represent or warrant that the material contained in our website, any of the functions of our website and the server will operate without interruption or delay or will be error-free, free of any defects, viruses or bugs or compatible with any other software or material. You must not transmit through, or to, our website any material which is defamatory, distressing, harmful, obscene, pornographic, threatening or material that might infringe upon the rights of others (including intellectual property rights, rights of confidentiality or rights of privacy) or material which does not comply with all relevant laws.

Ordering on-line

We have taken great care to present the products on our website as accurately as possible but the images you see will, of course, depend on the display and colour capabilities of your viewing equipment. Consequently, we cannot guarantee that the product images you see are a totally accurate representation of the actual merchandise.

Ordering by telephone

Our sales advisors will be delighted to help you place an order over the telephone, advise on the range of merchandise we offer on our website and help you with queries about payment. Please call +27 (0) 81 433 4041 at any time between 10am and 6pm, Monday to Friday.

Before placing an order please read the following information:

  • Accepting your order
  • Delivery Charges
  • Returns Policy and Instructions.

These pages form an important part of our terms and conditions. They also contain important information about your order.

By submitting an order to us either through our website or by telephone you represent and warrant that the payment details provided are valid and correct and that when your order is accepted and processed by us, payment will be made in full. If the Billing details for your order are the same as your Delivery address details, by placing an order on our website, you confirm that you are the person referred to.

Pricing Policy

All prices shown on our website are in South African Rands and are inclusive of VAT at the applicable rate, but may change from time to time. We reserve the right to change prices if there is a change in the applicable VAT rate and will do our best to ensure that prices are always correctly shown. However, very occasionally, an error may occur. In this unlikely eventuality, we will attempt to contact you at the e-mail address you gave us when you placed your order. If we cannot contact you, or if we receive no response to our e-mail, we will continue to process the remaining items on your order.

Product Availability

If an item sells out we will take it off our website at the earliest opportunity and it may not be made available again. If items that you order should be out of stock, or delayed for any reason, we will try to contact you at the e-mail address you provided when placing your order. If we cannot contact you, or receive no response to our e-mail, we will continue to process the remaining items on your order.

All items are subject to availability. If, due to unforeseen circumstances, it is necessary to substitute an item, the item will be of equal or greater value than that it replaces. Substitutions will only be made with your consent.

Accepting your order

The acceptance of your order will be deemed to occur on allocation of the items to your order. The completion of the contract between you and us will occur when the order is dispatched, unless you have cancelled the order- in accordance with our instructions.

We will send you an e-mail acknowledging your order, once it has passed through our security checks.

We may not accept your order for one of the following reasons:

  • We may have been unable to obtain authorisation for your payment.
  • The item you ordered may be out of stock. (See Product Availability).
  • We may have identified a pricing or product description error.
  • There may have been a failure to meet the eligibility to order criteria as set out in our Terms and Conditions.

Payment

  • We accept the following methods of payment:  Secure Peach Payment link, EFT (Electronic Fund Transfer) Visa and Mastercard credit cards.
  • We do accept American Express as a method of payment.

How does it work?

We use a payments processing service called Peach Payments, a seamless and secure online payment gateway which enables easy, secure and instant transfer of money between online buyers and sellers.

Cancelling your order

If you would like to cancel your order please contact our Customer Services Department by calling +27 (0) 81 433 4041 or return your acknowledgement e-mail to us stating your intention to cancel your order.

We always make a great effort to process orders immediately thus it may not always be possible to cancel an order being dispatched in time.

In this instance please return the order following the returns instructions contained in the parcel.

Liability and Indemnity

In relation to our contractual obligations to supply goods and/or services following acceptance of orders placed on our website, neither we nor any of our agents, affiliates, directors, employees or other representatives will be liable in contract, tort, negligence or otherwise for any loss or damage whatsoever in any way connected with your use of our website.

We shall not be liable for any indirect, or consequential loss of whatever nature, including damage to software or hardware, loss of data, damage or loss of business, loss of profits, or any other indirect or consequential loss arising out of or in connection with your use of our website (including without limitation, any such loss arising out of or in connection with any order placed on the website, whether or not accepted by us).

You agree to indemnify us and our agents and officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you. We may terminate your use of our website immediately if we consider that you have breached these Terms and Conditions.

Security of Transactions

We take your security seriously and encrypt consumer data, such as credit card numbers, when you order directly through our website. We transfer the encrypted data over the Internet using secure socket layer (SSL) technology so that your online shopping experience is safe and secure.

Security of e-mail correspondence

Our website also invites you to contact us via e-mail, through the 'Contact Us' page. E-mail correspondence is free format text and cannot be encrypted; therefore it is not a secure means of communication. Please do not send sensitive information, such as credit card information, through e-mail.

Internet Security

Although we use advanced security measures to protect your information against loss, misuse and alteration, as is the case with all computer networks linked to the Internet, we cannot absolutely guarantee the security of your information provided over the Internet and cannot be responsible for this.

Keeping your information up to date?

We do our best to ensure that the information we hold is as accurate and as up to date as possible. Please e-mail us info@luxuryyachtcharters.co.za to notify us of any changes to the information you have previously given to us, or if you are aware of any inaccuracy in the information we hold about you.

Jurisdiction

Our website is controlled and operated in South Africa. These Terms and Conditions, and all matters connected with any order you place on our website, are governed by South African law and you agree to submit to the exclusive jurisdiction of the South African courts in relation to all matters connected with, or arising out of, our website or any order you place with us on it.

General

We may change our Terms and Conditions at any time. In the event of any of these Terms and Conditions proving to be invalid or unenforceable the remainder of these terms and conditions will still continue to have full force and effect.

Still have questions?

E-mail info@luxuryyachtcharters.co.za or phone us on +27 (0) 81 433 4041 for more details.

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