TERMS & CONDITIONS
A. RESERVATIONS
All reservations should be requested through Custom Yacht Charter at least 100 days prior to departure. After submitting your preferred dates and choice of accommodation Custom Yacht Charter will reply with confirmation of availability. If your preferred dates of travel or choice of accommodation are not available Custom Yacht Charter will recommend a suitable alternative.
In terms of an accommodation alternative, this will generally mean a recommendation within the same trip price category. If an alternative from the same category is not available, Custom Yacht Charter will seek to offer an accommodation from the next available price category resulting in either an increase or decrease in the overall trip price.
Custom Yacht Charter cannot guarantee your preferred dates or choice of accommodation will be available, as all dates and accommodations are subject to availability. Changes to dates and/or accommodations may occur. If so Custom Yacht Charter will use its best efforts to inform you of such changes. However, Custom Yacht Charter will not be responsible for any consequences resulting from said changes to your trip itineraries.
Once availability of dates and accommodation are confirmed you will have 24 hours to accept that proposal and to secure the reservation. Together with your acceptance of the proposal you must provide Custom Yacht Charter with a non-refundable deposit of 30% of the total trip price (or 50% of the per person or per cabin cost if your party is paying individually) provided that the reservation is made more than 100 days before the trip’s departure date. For reservations made less than 100 days prior to departure, a full payment is required. For airline reservations confirmed through Custom Yacht Charter full payment is required at the time of acceptance.
B. CANCELLATIONS
Cancellations will only be accepted in writing, charges resulting therefrom will be based on the date said written cancellation is received. The charges are as follows for trip packages and flights:
1. Trips
Trips more than 135 days prior to departure – $850 fee;
Trips between 134 and 75 days prior to departure – 40% of total trip cost;
Trips less than 74 days prior to departure – 100% of total trip cost
If there is any outstanding balance due to Custom Yacht Charter 50 days prior to your departure, all of Custom Yacht Charter’s travel services for you will be subject to immediate and automatic cancellation. At that point, if you would like to reconfirm a cancelled trip a $50 fee will be added to the price of any new offer proposed by Custom Yacht Charter on your behalf. If you are to leave a trip after it has started no refunds will be available to you for any unused accommodations, transport, or excursions associated with said trip.
Custom Yacht Charter has the right to cancel any trip, at any time, prior to departure due to any act of terrorism, natural disasters, political instability, or other factors that, within the sole discretion of Custom Yacht Charter that make it unreasonable for Custom Yacht Charter to run said trip(s), as scheduled. Custom Yacht Charter is not responsible for any incidental expenses incurred by you as a result of your trip such as passports, visas, non-refundable flights, etc.
2. Airline Tickets
Airline tickets for Custom Yacht Charter packages will be issued by a third party supplier. Depending on the origin city and carrier, payment for these tickets is to be made either directly to Custom Yacht Charter or directly to the third party supplier. If tickets are confirmed through Custom Yacht Charter full payment is required at the time of price acceptance. After full payment, a confirmation number will be sent to the client via electronic mail. On the day of departure the client will be responsible to check in at the airport for their flight using this confirmation number.
Taxes and fees fluctuate daily so the exact ticket price including taxes and fees is not confirmed until the moment the tickets are issued by the third party supplier. All postage expenses for airline tickets are the responsibility of the client.
Once issued, airline tickets have a cancellation charge based on the particular carrier and this can be up to a $300 charge. For tickets purchased through a third party supplier, if your reservation is not cancelled through the airline, your tickets are non-refundable. Airline schedules and flights are subject to change without warning. Custom Yacht Charter and its third party supplier are not responsible for penalties incurred for tickets due to schedule and/or flight changes.
C. PRICES
Prices quoted by Custom Yacht Charter are per person and are based upon group size selections chosen by you. The prices proposed to you are based on costs and exchange rates at the time of Custom Yacht Charter’s price offer.
Your trip price is guaranteed when your booking has been paid in full. Otherwise, Custom Yacht Charter retains the right to recalculate the price and you may choose not to pay the recalculated price, provided that Custom Yacht Charter receives your written cancellation of your booking within (7) days of your receipt of Custom Yacht Charter’s price recalculation. Upon Custom Yacht Charter’s receipt of your timely written cancellation Custom Yacht Charter will provide you with a full refund.
D. LAST MINUTE RESERVATIONS
It is not always possible for Custom Yacht Charter to make last minute reservations. However, if Custom Yacht Charter should make your reservation less than 15 days prior to your departure date a $50 reservation fee will be assessed to you.
E. CHANGES TO RESERVATIONS
After Custom Yacht Charter’s receipt of full or deposit payment for your bookings there will be a fee incurred of $50 for any changes to trip arrangements. This fee is in addition to any other costs that may be charged by the accommodation, airline or local operators. Any changes made after departure will be subject to the local rate at the time the change is made. This change must be done by you and not be made by Custom Yacht Charter.
F. TRAVELLER’S DOCUMENTS & DETAILS
Customers are responsible to ensure that Custom Yacht Charter receives the correct name spelling(s), address(es), email(s) and other relevant contact information for yourself and all of those traveling with you included in a Custom Yacht Charter booking. That information must be as stated on each traveler’s passport.
Any name changes, including spelling corrections could result in your airline reservations being cancelled and required rebooking. Rebooked reservations are based on availability and are priced at the time of rebooking.
G. INSURANCE
Custom Yacht Charter encourages all travelers to purchase personal travel insurance as we are not responsible for accident, medical expenses, emergency repatriation, personal liability, cancellation, loss or damage to luggage or personal belongings, or excess luggage weight charges levied by airlines. The purchase of travel insurance should be done at the time of booking.
H. ACCOMMODATIONS
In the event that, upon arrival, your selected accommodation is unavailable for whatever reason Custom Yacht Charter reserves the right to make a substitution on your behalf with an accommodation of equal standard. Custom Yacht Charter is not obligated to make any refund, nor will refund be granted for any difference in the cost of the trip package based upon exchange of accommodation.
There is no standard check in or check out times for accommodations. This is dictated by the accommodation owner or operator. However, there will always be an option for Custom Yacht Charter guests to check their bags, at a location, should there be a wait for check-in or if they are forced to leave their accommodation on the day of check out.
I.PASSPORTS & VISAS
Travelers are responsible to obtain the proper travel documents, and to enquire at the relevant consulate or visa agency whether or not visas and/or passports are required to enter or leave a destination within your trip package. Travelers are required to carry a passport that is valid for at least six months beyond the termination date of your trip package.
J. TRANSFERS
Transfers by car, minibus, coach bus, train and/or ferry are issued depending on the trip package. These transfers are subject to change without previous notice due to local circumstances. Custom Yacht Charter or its transfer company are not responsible for missed transfers due to flight delays or other problems including (but not limited to) time spent reporting baggage as either damaged or lost.
It is your responsibility to make other travel arrangements. For example, if your flight is late causing you to miss a connecting ferry, Custom Yacht Charter is not responsible for making alternative transfer arrangements. Transfer costs will not be refunded and these additional expenses are your responsibility. If you are late for a transfer then you will, also, be responsible to pay any additional cost which occurs as a result of your lateness. Custom Yacht Charter is not responsible for your missing any transfer, including (but not limited to) a flight as a result of your lateness.
K. DAY/EVENING TRIPS (EXCURSIONS)
Custom Yacht Charter’s published excursions are subject to scheduling change(s) prior to or upon your arrival at the designated destination. In the event of a schedule change, an alternative excursion will be provided on or near the scheduled date. If the alternative is of a lower value than the originally booked excursion then you are entitled to a refund of the price difference. If the alternative excursion has a higher price then you alone, will be responsible to pay the difference in price.
It is your responsibility to arrive on time for the excursion. If you arrive late to an excursion you will not be eligible for a refund. The number of passengers on each excursion is not guaranteed, and group sizes can vary from a sizeable group to only you and your companions. but the service will always remain constant. Some excursions require a minimum amount of participants and may not operate unless that minimum number is achieved. You may be able to purchase some excursions upon arrival at the destination (based on availability).
L. MOBILE/CELLULAR PHONES
Each couple or small group is required to pay, in advance, a $50 deposit to cover the loss or damage to any mobile/cellular phone provided by Custom Yacht Charter. This deposit will be refunded at the end of your trip, as long as the phone is returned in the condition it was received. The manner in which the deposit is refunded depends on your trip payment choice.
If your trip payment is made by credit card, loss or damage to the phone will result in a $50 charge to that card. If your trip payment is made by check you will be asked to write a separate check, along with the trip payment check, that will only be cashed should loss or damage to the phone occur. With bank transfer or money order, the customer will be asked to pay at booking the $50 deposit which will then be reimbursed by a written check from the Custom Yacht Charter destination manager upon safe return of the phone at the end of your trip.
M. COMPLAINTS
If you are not satisfied with any services you must report this immediately to the Custom Yacht Charter destination manager on site at the particular location. If the problem is not corrected during your trip you must submit your complaint, in writing, within 15 days of completion of the trip. Custom Yacht Charter will then come back to you with its response to the stated problem.
Flight cancellations or delays are not the responsibility of Custom Yacht Charter. All such complaints must be submitted directly by you to the airline(s). There will be no refund from Custom Yacht Charter for unused service, such as missed transfers, due to airline complications, missed excursions, and unused accommodations. Custom Yacht Charter is not responsible for any promises made by accommodation owners, local guides, or anyone else who is not a Custom Yacht Charter employee.
N. RESPONSIBILITY
CYC, and its destination managers, do not act as the agent for either yourself or its local suppliers. Custom Yacht Charter contracts with a network of companies/individuals to assist in the operation of trip packages. These are independent third parties qualified to perform their respective services and the trip relationship is between yourself and the local suppliers.
All of these services are subject to terms and conditions such as transfers, accommodation, and excursions to be provided. The purchase of such services shall be considered as acceptance by you of those conditions. Custom Yacht Charter does not operate the buses, ferries, trains, cars, airlines, or accommodations used in its trip packages so Custom Yacht Charter shall not be responsible for changes, delays, and cancellations for such services. Also, Custom Yacht Charter will not be responsible for any additional expense(s) incurred based changes or delays in transport, as well as services affected by weather conditions.
Custom Yacht Charter will not be liable for injury, damage, loss, accident, delay, or irregularity that may occur due to the actions of third party service providers. Custom Yacht Charter shall not be held responsible for potential risks and dangers that you may face in travel to destinations offered by Custom Yacht Charter, where injury, delay, or any other expected or unexpected events may occur. Custom Yacht Charter has no responsibility, nor will accept any, for any traveller who breaks any law or regulation of any country visited.
Custom Yacht Charter shall not be held responsible for the standards of quality, political environment, cuisine, sanitation, cleanliness, telecommunications, business practices, treatment or medical services that you find or experience in these destinations. Risks may be involved with travel to these destinations due to unstable political situations, civil unrest, war, and government or private actions. Custom Yacht Charter shall not be responsible or held liable for any of the aforementioned risks.
O. AUTHORIZED REPRESENTATIVE (LIMITED)
You agree that Custom Yacht Charter is your authorized representative in regards to the yacht charter company terms and conditions and has your permission to sign said terms and conditions on your behalf, with you as the charterer. A copy of the yacht charter company terms and conditions are provided with this document for your review. This authorization is limited to the yacht charter company terms and conditions and Custom Yacht Charter may not sign any other documents on your behalf without your prior authorization.
P. DISCLAIMER
While Custom Yacht Charter and its destination managers have a relationship with both yourself and the local suppliers that is intended to assist in providing better services to you through such local suppliers, Custom Yacht Charter shall in no way be affected by those relationships. Any damages or loss that may result from any conduct, action or inaction by a local supplier as well as any dispute(s) – or judgment resulting there from – between yourself and said local suppliers is not the responsibility of Custom Yacht Charter and Custom Yacht Charter shall not be a party to any such conduct, action, inaction or disputes.
Q. FORCE MAJEURE CLAUSE
In the event Custom Yacht Charter is unable to perform any of the obligations or undertakings set forth herein, or undertakings hereunder shall be interrupted or delayed by any occurrence, and not occasioned by the conduct of Custom Yacht Charter or its managers, whether such occurrence be an act of God or the result of war, not civil commotion, sovereign conduct or the act of conduct of any person or persons not a party hereto then it shall be excused from such performance for such period of time as it is reasonably necessary after such occurrence to remedy the effects thereof.
R. ARBITRATION
Any dispute under this agreement shall be submitted to binding arbitration in San Diego, California, under the rules then prevailing the American Arbitration Association, and judgment rendered may be entered and enforced in any court of complaint.