IT’S TIME TO
BE INFORMED
Cancellation Policy
1. NON-REFUNDABLE NATURE OF PAYMENTS
1.1 The Guest acknowledges and agrees that all payments made towards the charter fee are non-refundable, unless otherwise specified in the charter proposal.
1.2 The nature of the sailing charter industry involves intricate planning, reservation of resources, and allocation of crew and equipment based on confirmed bookings. Therefore, the Guest understands that, regardless of the circumstances leading to the cancellation, all payments made are non-refundable, unless otherwise specified in the charter proposal.
2. CANCELLATION PROCEDURE
2.1 In the event that the Guest needs to cancel the charter, the following procedures shall apply:
a. The Guest must notify the Company in writing of the cancellation.
b. The date of cancellation will be the date on which written notice is received by the Company.
2.2 The Guest acknowledges that any cancellation, regardless of the reason, will result in the forfeiture of the entire charter fee, unless otherwise specified in the charter proposal.
3. FORCE MAJEURE
3.1 The Company is responsible to do everything in their power to provide the guest with the yacht, package and crew, as specified in the charter proposal.
3.2 In the event that the Company is unable to fulfil its obligations under this Agreement due to unforeseen circumstances, including but not limited to extreme weather conditions, acts of God, or other force majeure events, the Company shall not be liable for any refund or compensation, unless otherwise specified in the charter proposal.
3.3 The Guest understands and accepts that force majeure events are beyond the control of the Company, and no alternative charter date, credit, or compensation would necessarily be provided, unless otherwise specified in the charter proposal.
4. CREW CHANGES
The Guest acknowledges that for unforeseen reasons at the time the charter proposal was issued, the crew may be different than the one stated in such proposal. The Company is responsible to provide equally competent crew to adhere to the needs of the Guest, as agreed at the time of the contract signing, unless otherwise specified in the charter proposal.
5. ACCEPTANCE OF TERMS
By signing the Charter Agreement, the Guest acknowledges having read, understood, and agreed to the terms of this Cancellation Policy, including the non-refundable nature of payments (unless otherwise specified in the charter proposal) and the absence of alternative charter dates or credits in the case of force majeure events.
WAIVER and RELEASE of LIABILITY -
Prior Medical Conditions
I, the undersigned Guest, hereby acknowledge that I have disclosed any pre-existing medical conditions, allergies, and medications as required above. I understand and accept the risks associated with sailing and agree to release and hold harmless CAYAsail and C.A.Y.A. Group LTD and its agents, employees, and representatives from any and all claims, liabilities, or expenses arising out of or in connection with any injury, illness, or exacerbation of a pre-existing condition during the charter period.
I further acknowledge that it is my responsibility to ensure that I am in good health and physically and mentally capable of participating in this trip. I agree to follow all safety guidelines, instructions from the skipper, and adhere to any recommendations provided by CAYAsail and C.A.Y.A. Group LTD, regarding sailing activities.
WAIVER and RELEASE of LIABILITY -
Sailing
I, the undersigned guest, hereby acknowledge and agree to the following terms and conditions for participation in the sailing trip hosted by CAYAsail.
Assumption of Risk: I understand that sailing involves inherent risks, including but not limited to unpredictable weather conditions, rough seas, and the possibility of accidents. I acknowledge that I have been informed of these potential dangers associated with sailing.
Everyone as Crew: I understand and agree that while I may be referred to as a guest, all individuals on board are considered part of the crew, and everyone is expected to contribute to the safe operation of the vessel.
Acknowledgment of Danger: I acknowledge that despite all safety measures taken, sailing remains a potentially dangerous activity, and I choose to participate with full awareness of the associated risks.
Life Vests: I have been informed of the location of life vests on the vessel and understand the importance of wearing them in accordance with safety guidelines.
Reporting Suspicious Activity: I agree to promptly inform the designated crew member(s) if I observe anything suspicious or potentially unsafe during the sailing trip, such as smoke or any illegal activity, including alcohol, drug and any verbal or physical abuse.
Responsibility for Personal Possessions: I acknowledge that I am responsible for my personal possessions and will take appropriate measures to secure and protect them during the sailing trip.
Toilet Usage: I understand and agree not to flush any products, including toilet paper, down the vessel's toilet. I will adhere to the specified waste disposal guidelines provided by the crew. Any damage I make, I pay.
Responsibility for Damages: I accept full responsibility for any damages caused by my actions or negligence during the sailing trip and agree to cover the cost of repairs or replacements.
Use of Visual Material: I grant permission for any visual material, including photographs and videos, taken during the sailing trip to be used on the company's website or social media platforms, particularly if shared within our designated communication channels (e.g., WhatsApp Group).
I have read and understand the terms of this waiver. By signing below, I voluntarily agree to be bound by its terms and I release CAYAsail from any liability associated with my participation in this trip.
DATA PROTECTION and
GDPR COMPLIANCE
Data Security: The Company is committed to ensuring the security and confidentiality of the personal information collected. All reasonable measures will be taken to prevent unauthorized access, disclosure, alteration, or destruction of data.
Data Retention: The sensitive personal information (passport number, date of birth etc) provided in this form will be retained for the duration of the charter period and a reasonable period thereafter for legal and administrative purposes. After this period, the data will be securely deleted. By providing their email and phone number, the guest consents to CAYAsail retaining this information for future marketing and promotional purposes.
Access and Rectification: Guests have the right to request access to their personal data, as well as the right to rectify, erase, or restrict its processing. Requests should be submitted in writing to info@cayasail.com.
Complaints: If Guests have concerns about the processing of their personal data, they have the right to lodge a complaint with the relevant data protection authority.
Social media: The guest accepts that participating in the sailing trip with CAYAsail, they consent to the use of any video or photo material captured during the trip for marketing and promotional purposes by CAYAsail.
Acceptance of Terms: By signing the Agreement, the Guest acknowledges having read, understood, and agreed to the terms of data processing as outlined above.
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