ISLAND SAILING AGENCY TERMS & CONDITIONS
Last updated: September 2026
Please read these Agency Terms & Conditions carefully before asking Island Sailing to arrange a yacht charter.
These terms explain the basis on which Island Sailing Limited acts as an agent in arranging yacht charters and set out the contractual relationship between you and Island Sailing.
The yacht charter itself is provided by the relevant yacht owner, operator, charter company or other principal and is subject to that party’s separate terms and conditions.
1. About Island Sailing
Island Sailing Limited (“Island Sailing”, “we”, “us” or “our”) is a company registered in England and Wales.
Our registered office is:
No. 1 Booths Park
Knutsford
Cheshire
WA16 8GS
United Kingdom
2. Our Role as Agent
Island Sailing acts solely as an agent in arranging yacht charters. We do not own, manage or operate the yachts we offer and we do not provide the yacht charter services ourselves.
The yacht charter services are provided by the relevant yacht owner, operator, charter company or other principal identified in your booking documentation (the “Principal”).
When you ask us to arrange a yacht charter, Island Sailing acts as agent in facilitating and administering the booking with the relevant Principal.
The contract for the provision of the yacht charter services is between you and the Principal. Island Sailing is not the provider of, and is not a party to, that yacht charter contract.
Our involvement in arranging and administering your booking, communicating with you, issuing booking documentation, receiving or processing payments as agent or communicating information provided by the Principal does not make Island Sailing the owner or operator of the yacht or the provider of the yacht charter services.
These Agency Terms apply to the agency services Island Sailing provides in connection with your booking and will continue to apply for as long as reasonably necessary for us to administer the booking, including where the charter is completed, changed or cancelled and where any related administration remains outstanding.
The agency relationship between you and Island Sailing is separate from the contract for the provision of the yacht charter services between you and the Principal.
Island Sailing takes reasonable care in selecting the Principals with whom we choose to work and considers factors including their experience, operational standards and the information available to us about the management and maintenance of their charter fleets.
Our selection of a Principal does not amount to a guarantee by Island Sailing of the Principal’s subsequent performance or of the condition, operation or performance of any particular yacht or charter service.
These Agency Terms govern the agency services provided by Island Sailing. The Principal’s terms and conditions govern the provision and operation of the yacht charter itself.
3. Principal’s Terms and Conditions
Every yacht charter arranged through Island Sailing is subject to the terms and conditions of the relevant Principal.
These may contain important provisions relating to matters including payment, cancellation, amendments, security deposits, insurance, embarkation and disembarkation, operation and use of the yacht, skipper and crew arrangements, navigation, breakdowns and technical problems, yacht substitution, weather and safety, passenger conduct and the Principal’s liability.
You will be provided with or given access to the applicable terms as part of the booking process.
By confirming a booking, you agree to be bound by both these Agency Terms and the applicable terms of the Principal.
If there is a conflict between these Agency Terms and the Principal’s terms concerning the operation or provision of the yacht charter itself, the Principal’s terms will apply to those charter services, subject to applicable law.
4. Enquiries, Quotations and Availability
Information about yachts, prices and availability provided by Island Sailing is based on information available to us at the time, including information supplied by Principals and their booking systems.
An enquiry, quotation, proposal or shortlist does not by itself reserve a yacht or create a booking.
Unless we expressly confirm otherwise in writing, requesting a quotation or asking to proceed does not place a yacht on hold.
Where a Principal agrees to hold a yacht temporarily, the hold may be subject to a specified period or other conditions and may expire automatically if the booking is not confirmed within that period.
Prices and availability can change until the booking is confirmed.
5. Making a Booking
When you ask us to proceed with a yacht charter, you authorise Island Sailing to arrange the booking with the relevant Principal as agent.
A booking is not confirmed merely because you have submitted an enquiry, received a quotation, made a payment or told us that you wish to proceed.
Your booking becomes confirmed once it has been accepted by the relevant Principal and the requirements for confirmation specified in your booking documentation have been satisfied. These may include receipt of signed or electronically accepted documentation, the Initial Deposit or other required payment and information required by the Principal.
We will provide confirmation once the booking has been accepted and confirmed in accordance with the applicable booking arrangements.
By signing or electronically accepting the Booking Summary or other booking documentation, or by making the Initial Deposit or other payment required to confirm the booking, you confirm your acceptance of these Agency Terms and the applicable Principal’s terms and conditions, provided those terms have been made available to you before you commit to the booking.
6. Lead Charterer and Booking Details
The person making the booking is the lead charterer (“Charterer”) unless otherwise agreed.
The Charterer must be at least 18 years old and have legal capacity to enter into the relevant agreements.
The Charterer confirms that they have authority to make the booking on behalf of all members of the charter party and is responsible for ensuring that members of the party are made aware of the terms, information and requirements applicable to the charter.
To ensure that booking information and instructions remain clear and consistent, all communications concerning the booking should be made through the Charterer. Island Sailing will normally communicate only with the Charterer in relation to the booking and is not required to correspond separately with individual members of the charter party. The Charterer is responsible for communicating relevant information to and from other members of the party.
The Charterer is responsible for providing complete and accurate information and for checking the Booking Summary and other booking documentation carefully upon receipt.
You must notify Island Sailing of any factual error or discrepancy in your Booking Summary or booking documentation within 24 hours of receiving it or, where the error could not reasonably have been identified at that time, promptly after becoming aware of it.
Where appropriate, we will liaise with the Principal and issue or arrange for corrected booking documentation.
You are also responsible for notifying us promptly if any information relevant to your booking subsequently changes.
7. Yacht Information and Specific Requirements
We take reasonable care in providing information about yachts and charter arrangements.
However, substantial information about individual yachts is supplied by Principals, yacht manufacturers and other third parties.
Specifications, equipment, inventories, layouts, furnishings, charter bases and other characteristics may change.
If a particular feature, facility, item of equipment or other requirement is important to your decision to book, you should tell us before confirming your booking so that we can seek confirmation from the relevant Principal.
Any confirmation obtained by Island Sailing reflects the information provided by the Principal at that time.
Confirmation of a particular requirement does not amount to a guarantee by Island Sailing that an item of equipment, facility or service will remain available, operational or capable of being provided throughout the charter.
Yachts are operational vessels and unforeseen technical, operational, weather, safety or other circumstances may arise before or during a charter.
The operation, maintenance and management of the yacht and provision of the yacht charter services remain under the control and responsibility of the Principal.
8. Yacht Photographs and Descriptions
Photographs, videos, plans and other imagery are intended to provide a reasonable representation of the relevant yacht, yacht model or type.
Images may not show the actual vessel allocated to your charter and may include manufacturer imagery, photographs of sister yachts or other representative imagery. Where photographs show the actual yacht, they may have been taken when the yacht was new or at another point during its operational life. Charter yachts are not necessarily re-photographed every season and their appearance, furnishings and equipment may change over time.
Where a Principal operates identical or substantially similar yachts, imagery may represent the yacht model or fleet rather than the particular vessel ultimately allocated to your charter.
We take reasonable care to provide a fair representation, but imagery is illustrative and should not be relied upon as confirmation that every feature, furnishing, finish or item of equipment shown will be present on the yacht allocated to your charter.
If a particular feature, layout or item of equipment is important to your decision to book, please tell us before booking so that we can seek confirmation from the Principal.
9. Yacht Names and Allocation
Yacht names, ownership, management and charter bases may change.
Where a Principal operates more than one identical or substantially similar yacht, the particular yacht allocated to your charter may not always be determined at the initial enquiry stage and may be allocated in accordance with the Principal’s booking arrangements.
The appearance of a particular yacht name on a quotation, shortlist or Website page does not by itself guarantee allocation of that named yacht unless expressly confirmed as part of the booking.
10. Prices and Additional Costs
The charter price and applicable payment arrangements will be set out in your quotation or booking documentation.
Prices and other information relating to yachts which have not yet been booked may change at any time. Prices may be increased or reduced by the Principal and genuine pricing, calculation or other errors may be corrected before a booking is confirmed.
You are responsible for checking the price and other important details shown in your quotation and booking documentation before confirming your booking. If you believe anything is incorrect, you should tell us before proceeding.
Once a booking has been confirmed, the charter price will be subject to the Principal’s terms and applicable law. The Principal may be entitled under its terms to change or adjust the charter price after confirmation in certain circumstances.
Where applicable law requires a mandatory charge to be included in the total price, we will include it. Other mandatory charges, taxes or government levies will be clearly disclosed where they are known and can reasonably be calculated in advance.
Certain costs depend upon actual usage, itinerary, local charges or choices made by you and cannot necessarily be calculated in advance. These may include fuel, mooring and marina fees, provisioning and other variable or usage-based expenses.
Where a new or increased tax, government levy or other mandatory charge is imposed after your booking has been confirmed, or where the Principal is otherwise entitled under its terms and applicable law to make an additional charge or price adjustment, you will be responsible for any amount properly payable under those arrangements.
Where Island Sailing provides estimates or guidance concerning additional or variable costs, they are indicative only.
11. Currency and Exchange Rates
Yacht charter prices may originate in a currency other than pounds sterling.
Where we provide a currency conversion for information or comparison purposes, it should be treated as indicative unless we expressly confirm that your charter price has been fixed in that currency.
Your bank, card provider or payment provider may apply its own exchange rate or charges. Island Sailing is not responsible for charges or exchange rates independently applied by your bank, card or payment provider.
12. Payments and Initial Deposits
Payment amounts and due dates will be set out in your booking documentation.
Payments must be made in accordance with the payment instructions provided by Island Sailing.
“Initial Deposit” means the initial amount of the total charter price required to confirm the booking, as specified in your quotation, Booking Summary or other booking documentation.
The Initial Deposit forms part of the total amount payable for the charter and is subject to the cancellation and payment provisions contained in these Agency Terms and the applicable Principal’s terms and conditions.
Where Island Sailing receives money from you in connection with a yacht charter, we receive and process that money in our capacity as agent. Receiving payment does not make Island Sailing the provider of the yacht charter services.
Amounts received by Island Sailing may be paid or otherwise accounted for to the relevant Principal in accordance with the arrangements applying to the booking.
You are responsible for ensuring that payments reach us by the due dates shown in your booking documentation. We are not responsible for issuing payment reminders.
If payment is not received when due, the Principal may be entitled to cancel the booking and apply its cancellation terms.
Where Island Sailing agrees to accept an Initial Deposit which is lower than the deposit normally required for the booking, this does not reduce the total deposit or charter price payable. You remain responsible for paying the remainder of the deposit and all subsequent amounts by the dates specified in your booking documentation.
The amount payable following a cancellation or other event may exceed the amount which you have paid to date, particularly where a reduced Initial Deposit has been accepted.
You remain responsible for paying any outstanding amount due in accordance with the applicable cancellation terms and your booking documentation.
13. Exceptional Consulting and Booking Services
For the great majority of bookings, Island Sailing does not charge a separate consulting fee.
In exceptional circumstances, where we have provided substantial or extended consultancy, research or booking services before a booking is made, we may charge a separate Consulting / Booking Administration Fee.
Where such a fee applies, we will tell you before you commit to the booking and the amount or basis of calculation will be expressly disclosed to you.
The fee will be proportionate to the additional services required and will not exceed 5% of the yacht charter price, unless a different fee is expressly agreed with you in advance. No such fee will apply unless it has been disclosed to you before booking.
14. Security Deposits and Damage Arrangements
Many yacht charters require a security deposit, damage deposit, damage waiver or similar arrangement.
These requirements are determined by the Principal and will be communicated as part of the charter information or booking documentation.
Where a security or damage deposit is required, it is held and administered in accordance with the Principal’s terms. The security deposit arrangement is between you and the Principal and does not form part of Island Sailing’s agency services.
Following completion of the charter, any return of the security deposit, together with any deductions for damage, loss or other amounts properly chargeable, will be dealt with by the Principal in accordance with its terms.
Island Sailing does not hold or control the security deposit and does not determine whether damage or loss has occurred, whether a deduction should be made, the amount of any deduction, or when the balance of the security deposit is returned.
Any dispute concerning the retention, deduction or return of a security deposit should therefore be addressed to the Principal.
Many yacht charters require a security deposit, damage deposit, damage waiver or similar arrangement. These requirements are determined by the Principal and will be communicated as part of the charter information or booking documentation.
Where a security or damage deposit is required, it is held and administered in accordance with the Principal’s terms. The security deposit arrangement is between you and the Principal and does not form part of Island Sailing’s agency services.
Following completion of the charter, the return of any security deposit and any deductions for damage, loss or other amounts will be dealt with directly between you and the Principal in accordance with the Principal’s terms.
Island Sailing does not hold or control the security deposit and does not inspect or assess the yacht following the charter. We do not determine whether damage or loss has occurred, whether a deduction is justified, the amount of any deduction, or when any balance is returned.
Any query, claim or dispute concerning damage, loss, a security deposit, or its retention, deduction or return must therefore be addressed directly to the Principal. Island Sailing is not responsible for investigating, negotiating or resolving such matters on behalf of either party.
15. Changes Requested by You
If you wish to change a confirmed booking, please contact us as soon as possible.
We will contact the relevant Principal and ask whether the requested change can be accommodated. Changes cannot be guaranteed and remain subject to the Principal’s agreement, availability and applicable terms.
Significant changes, such as a change of charter dates, yacht or yacht model, may be treated by the Principal as a cancellation of the original booking and a new booking. In these circumstances, the Principal’s cancellation terms may apply and the price of the new charter may be higher or lower than the original charter price.
You will be responsible for any additional charter cost, Principal charge or other cost arising from the requested change.
Island Sailing charges an administration fee of £150 for amendments to a confirmed booking. This reflects the additional agency work and costs involved in administering an amendment, which may include liaising with the Principal, revising booking and payment arrangements, updating records and documentation, processing revised arrangements and completing the necessary communications and administration.
This fee is separate from any amendment fee, additional charter cost or other amount charged by the Principal.
A reduction in the number of people travelling does not automatically entitle individual members of the party to a refund or reduction in the charter price.
Changes to passenger names or the Charterer are subject to the Principal’s requirements and may not always be possible.
16. Cancellation by You
If you wish to cancel a confirmed booking, you must notify Island Sailing in writing.
We will communicate the cancellation to the Principal and administer the cancellation arrangements.
The Principal’s cancellation terms will apply and may result in the loss of some or all amounts paid or require further amounts to be paid.
Island Sailing charges an administration fee of £250 where you cancel a confirmed booking. This reflects the additional agency work and costs involved in administering a cancellation, which may include liaising with the Principal, processing the cancellation, reconciling booking and payment records, dealing with payment arrangements and associated documentation, updating our records and systems and completing the necessary communications and administration.
The £250 Island Sailing administration fee is separate from any cancellation charge, retained payment or other amount payable under the Principal’s terms.
For the purposes of the Principal’s cancellation terms, the effective date of cancellation will be determined in accordance with the Principal’s terms and may depend upon when the Principal receives or acknowledges the cancellation.
Island Sailing will communicate your cancellation instructions to the Principal as soon as reasonably practicable after receiving them.
Cancellation charges can be substantial and may increase as the charter date approaches. Appropriate travel insurance should therefore be in place from the time of booking.
17. Changes or Cancellation by the Principal
Occasionally a Principal may need to change or cancel a charter, correct an error or make an alteration to the booking because of operational, technical, safety or other circumstances.
If we are notified of a significant change, correction or cancellation, we will communicate this to you as soon as reasonably practicable and, where appropriate, liaise with the Principal in our capacity as agent.
Your rights and options will depend upon the Principal’s terms, applicable law and the particular circumstances.
Island Sailing does not own, manage or operate the yacht and cannot prevent or control changes, corrections or cancellations made by the Principal.
18. Yacht Substitution
It may occasionally be necessary for a Principal to substitute a yacht because of technical, operational, safety or other circumstances.
Where we are informed of a proposed substitution, we will communicate the information provided by the Principal and, where appropriate, liaise with them.
Any rights relating to substitution are governed by the Principal’s terms and applicable law.
19. Yacht Operation, Equipment and Technical Problems
Yachts are complex operational vessels containing mechanical, electrical, electronic and marine equipment. Despite appropriate maintenance, equipment can occasionally malfunction or fail.
The yacht, its maintenance, repair, equipment and operational management are the responsibility of the Principal and/or parties appointed by the Principal.
If a problem occurs during your charter, you should report it immediately to the Principal, charter base, operator, captain, skipper or other operational contact identified in your charter documentation so that they have a reasonable opportunity to investigate and, where possible, resolve it.
You may also notify Island Sailing of a significant unresolved issue. We can communicate with the Principal in our capacity as agent where appropriate, but Island Sailing does not operate or manage the yacht and has no authority or responsibility to investigate, repair or rectify operational or technical problems, or to determine the action the Principal should take.
Failure to report a problem promptly may affect the Principal’s ability to investigate or remedy it and may affect any subsequent claim.
20. Skippers, Crew and Separate Third-Party Services
Crew included with the yacht charter
Some yachts, particularly fully crewed yachts, are offered by the Principal with a captain, skipper and/or other professional crew included as an integral part of the yacht charter.
Where crew is included by the Principal as part of the yacht charter, those crew arrangements form part of the charter services provided by the Principal and are governed by the Principal’s terms and conditions.
Island Sailing does not employ, manage, supervise or control the skipper or crew.
Optional skippers, crew and other services
For some yacht charters, the Principal may make available the option of engaging a skipper, hostess, cook or other crew member separately from the yacht charter.
Where such a service is offered as a separate optional addition to the yacht charter, the Principal, not Island Sailing, identifies and makes available the skipper, crew member or other provider. Island Sailing does not provide, select, appoint or engage that person and does not contract with them on your behalf.
The terms, price and arrangements applicable to the separate service are determined by the Principal and/or the relevant third-party provider.
Any contract for a separately provided skipper, crew member or other service is separate from Island Sailing’s agency services and, where applicable, separate from the contract for the yacht charter itself.
Payment for a separate skipper, crew member or other third-party service is payable directly to them or the Principal and/or relevant third-party provider, as instructed by them. Island Sailing does not receive, collect, hold or process payment for that separate service.
Island Sailing does not employ, appoint, engage, select, manage, supervise or control any separately provided skipper, crew member or other third-party service provider.
Island Sailing is not responsible for the availability, appointment, conduct, acts or omissions of any such provider, or for the performance or non-performance of the separate service they provide.
Any questions, payments, claims, refunds or complaints relating to a separately provided skipper, crew member or other third-party service should be addressed to the Principal and/or the relevant third-party service provider.
The fact that information supplied by the Principal about the availability or cost of a separate service may be communicated to you by Island Sailing in connection with your yacht charter does not mean that Island Sailing provides, selects, engages or arranges that service or is responsible for it.
21. Safety and Skipper Authority
Yachting and activities on or around the water involve inherent risks.
Members of the charter party are responsible for following applicable safety instructions and using equipment appropriately.
Where a professional skipper or captain is in command, decisions concerning navigation, route, anchoring, mooring, weather, sea conditions and safety are matters for the skipper or captain.
Safety considerations may require an intended route or itinerary to be changed.
22. Bareboat Charters and Qualifications
For a bareboat charter, the nominated skipper must have the experience, competence and qualifications required by the Principal and relevant authorities.
Depending upon the destination, this may include an accepted sailing qualification, appropriate experience, a VHF certificate and at least one additional competent adult crew member.
You are responsible for ensuring that the nominated skipper satisfies the applicable requirements.
Acceptance of qualifications ultimately remains subject to the Principal and, where applicable, local authorities.
23. Itineraries, Weather and Cruising Conditions
Suggested itineraries, destination guides and cruising information provided by Island Sailing are for general information and inspiration.
They are not guaranteed itineraries and are not navigational, meteorological or safety advice.
Routes may change because of weather, sea conditions, berth availability, local restrictions, technical matters, safety considerations or other circumstances.
24. Passports, Visas and Entry Requirements
Passport, visa, immigration and entry requirements vary according to nationality, destination and personal circumstances and may change.
You are responsible for ensuring that you and all members of your party have the passports, visas and other documentation required for your charter and travel arrangements.
You should check current requirements and travel advice issued by the relevant government, immigration, embassy or consular authorities for your nationality and destination.
25. Health and Medical Requirements
You are responsible for considering whether the charter and destination are suitable for you and members of your party, taking account of individual health, mobility and medical circumstances.
Please tell us before booking about any requirement materially affecting your ability to participate so that we can seek relevant information from the Principal.
Information obtained from a Principal is not a substitute for professional medical advice.
26. Travel Advice
Travel conditions, entry requirements, security situations and official government advice can change.
You are responsible for checking relevant official travel advice before departure and while travelling.
A change in government travel advice does not automatically determine the contractual consequences for your charter. These will depend upon the circumstances, applicable law, the Principal’s terms and your insurance.
27. Travel Insurance
It is a condition of booking through Island Sailing that you obtain appropriate travel insurance for your charter and party. Insurance should be arranged at the time of booking, rather than shortly before departure, so that appropriate cancellation cover is in place from the point you become financially committed to the charter.
Your insurance should be suitable for your circumstances and the activities you intend to undertake and should ordinarily include appropriate cover for cancellation and curtailment, medical expenses and repatriation, sailing and water-based activities, travel disruption and other risks relevant to the charter.
You are responsible for checking the policy wording, limits, exclusions and conditions and ensuring that the insurance provides appropriate cover for you and your party.
Island Sailing does not provide insurance advice and cannot determine whether a particular policy is suitable for you.
28. Circumstances Beyond Our Control
Events may occur outside the reasonable control of Island Sailing and/or the Principal, including severe weather, natural disasters, fire, flood, epidemic or significant disease outbreak, war, terrorism, civil unrest, government action, port restrictions, strikes, transport disruption or other extraordinary events.
Where Island Sailing is prevented from or delayed in providing its agency services because of circumstances beyond our reasonable control, we will not be responsible for that failure or delay to the extent caused by those circumstances.
The effect of such circumstances on the yacht charter itself will depend upon the particular circumstances, the Principal’s terms and applicable law.
Island Sailing will provide reasonable assistance in its capacity as agent where appropriate.
This does not affect any rights you have under applicable law which cannot be excluded or restricted.
29. Third-Party Recommendations and Independent Services
From time to time, Island Sailing or the Principal may provide suggestions or recommendations for accommodation, transfers, restaurants or other independent services which may be useful in connection with your charter. These are provided for information and guidance only and do not form part of the yacht charter arranged through Island Sailing. Island Sailing does not book or arrange these services on your behalf.
Where a Principal makes an optional third-party service available in connection with a yacht charter, Island Sailing may communicate information supplied by the Principal about that service. This does not mean that Island Sailing provides, selects, engages or arranges the separate service.
Any such service is subject to the arrangements and terms specified by the Principal and/or relevant third-party provider.
Where payment is required separately for an independent service, payment must be made directly to the Principal or relevant third-party provider, as instructed. Island Sailing does not receive, collect, hold or process payment for that separate service.
Island Sailing does not employ, appoint, engage, manage, supervise or control independent third-party providers and is not responsible for their availability, performance, conduct, acts or omissions or for the performance or non-performance of the separate service.
Providing or communicating information supplied by the Principal about an independent third-party service does not make Island Sailing the provider, organiser or contracting party for that service.
Any contract for an independent third-party service is between you and the Principal and/or relevant third-party provider, as applicable. Island Sailing is not a party to that contract and is not responsible for the provision or performance of that service.
30. Complaints and Problems During Your Charter
If you experience any problem with the yacht or the charter services, you must report it promptly to the Principal, charter base, captain, skipper or other relevant operational contact responsible for assisting with the yacht or charter at the destination. This includes any relevant contact details provided to you before the charter, at check-in or during the charter.
You should raise any problem as soon as it becomes apparent and while the charter is still taking place, providing sufficient information about the issue to allow it to be investigated and, where possible, rectified or resolved. If a significant problem remains unresolved, you should continue to raise the matter with the relevant operational contact.
You should follow any complaints or reporting procedure provided by the Principal where applicable. Whether or not a formal complaints procedure has been provided, you should make the Principal or relevant operational contact aware of any problem and give them a reasonable opportunity to investigate and, where possible, resolve it during the charter.
You should not wait until the end of the charter or until you have returned home before reporting a problem.
Island Sailing is a UK-based booking agent and does not provide operational support at the charter destination. We do not operate or manage the yacht and have no authority or responsibility to investigate, repair or rectify operational or technical problems or to provide assistance which is the responsibility of the Principal or its local representatives. Problems requiring assistance during the charter should therefore be directed to the relevant Principal or operational contact at the destination, including outside Island Sailing’s normal business hours.
If a significant issue remains unresolved after it has been properly reported to the relevant Principal or operational contact, you may notify Island Sailing during our normal business hours. Where appropriate, we may communicate with the Principal in our capacity as agent, but this does not transfer responsibility for resolving the issue to Island Sailing.
If you do not report an issue promptly or give the Principal or relevant operational contact a reasonable opportunity to investigate and, where possible, resolve it while the charter is taking place, this may affect any subsequent complaint, claim, request for compensation or refund, subject to the Principal’s terms and applicable law.
31. Complaints After Your Charter
If an issue remains unresolved at the end of your charter, you should continue to pursue the matter directly with the Principal in the first instance and in accordance with the Principal’s complaints procedure and terms and conditions.
Any complaint made after the charter should be submitted to the Principal promptly, with details of the issue and any relevant supporting information.
Where appropriate, you may also provide Island Sailing with details of the complaint. In our capacity as agent, we can assist with communications between you and the Principal, but this does not transfer responsibility for the complaint or the underlying charter services to Island Sailing.
Responsibility for investigating and responding to a complaint concerning the yacht, its equipment, crew, operation or the performance or non-performance of the yacht charter services remains with the Principal.
Where the issue was not reported to the Principal while the charter was taking place, the Principal may have had no reasonable opportunity to investigate or rectify it. This may affect any subsequent complaint, claim, request for compensation or refund, subject to the Principal’s terms and applicable law.
This section does not apply to a complaint specifically concerning the agency services provided by Island Sailing, which should be raised directly with us.
32. Refunds, Repayments and Compensation
The contract for the yacht charter services is between you and the Principal.
Where a refund, price reduction, compensation or other repayment arises because of the performance or non-performance of yacht charter services provided by the Principal, responsibility for that amount rests with the Principal, subject to the Principal’s terms and applicable law.
Island Sailing cannot independently agree or determine a refund or compensation payable by a Principal unless authorised to do so.
Island Sailing is not responsible for refunding from its own funds charter monies which it has received in its capacity as agent and paid or otherwise accounted for to the Principal, except where applicable law requires otherwise.
Where a Principal agrees or is required to make a refund through Island Sailing, we will administer that refund in our capacity as agent.
The fact that the original charter payment was made to or processed by Island Sailing does not make Island Sailing the provider of the yacht charter services or make Island Sailing responsible for a refund properly due from the Principal.
Nothing in this section restricts any statutory right or remedy which cannot lawfully be restricted.
33. Island Sailing’s Responsibilities and Liability
Island Sailing is responsible for providing its agency services with reasonable care and skill.
Our responsibilities relate to the agency services we provide, including arranging and administering your booking in accordance with your instructions and communicating with you and the relevant Principal.
We do not own, manage or operate the yacht and are not responsible for the acts or omissions of the Principal or for the operation or performance of yacht charter services provided by the Principal, except to the extent that applicable law makes Island Sailing responsible.
Where we communicate information supplied by a Principal in good faith, this does not make Island Sailing responsible for the subsequent operation or performance of the charter services by that Principal.
Subject to any liability which cannot lawfully be excluded or limited, where Island Sailing is found liable for loss arising from a breach of its own agency obligations, Island Sailing’s maximum aggregate liability will be limited to the commission earned by Island Sailing in respect of the relevant booking.
Nothing in these Agency Terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any statutory consumer rights which cannot lawfully be excluded or restricted.
34. Your Responsibilities
You are responsible for providing accurate information, checking booking documentation, making payments when due, ensuring your party complies with booking requirements, obtaining appropriate insurance, checking passport, visa, health and entry requirements, complying with reasonable safety instructions and promptly reporting problems during the charter.
You must tell us promptly if relevant circumstances change after booking.
35. Personal Information
We process personal information in accordance with our Privacy & Cookie Policy.
In arranging and administering your charter, we may need to provide relevant personal information to the Principal and other organisations involved in administering or providing the charter.
As Island Sailing arranges charters internationally, personal information may need to be transferred to or processed in countries other than the country in which you live. Where required by applicable data protection law, appropriate safeguards or another lawful transfer mechanism will be used.
36. Communications and Electronic Documents
We may communicate with you and provide quotations, terms, booking documents and other information electronically, including by email and electronic signature systems.
Electronic acceptance of booking documentation or terms may have the same effect as signing a paper document.
You are responsible for providing an accurate email address and checking communications sent to it.
37. Changes to These Agency Terms
We may update these Agency Terms from time to time.
The version applicable to your booking will ordinarily be the version provided or made available when your booking is confirmed.
After your booking has been confirmed, we may make changes where required by law, where reasonably necessary as a result of circumstances outside Island Sailing’s reasonable control, or where a change is expressly agreed with you.
Any such change will be limited to what is reasonably necessary in the circumstances and will not otherwise materially alter your rights or obligations under these Agency Terms.
Changes subsequently published on our Website will not retrospectively alter the terms applying to a confirmed booking merely because the Website version has changed.
38. Entire Agreement
These Agency Terms, together with your Booking Summary and any other Island Sailing booking documentation expressly forming part of them, constitute the agreement between you and Island Sailing concerning the agency services we provide in connection with your booking.
39. Third-Party Rights
The agreement under these Agency Terms is between you and Island Sailing.
Except where expressly stated otherwise, no other person has any right to enforce any provision of these Agency Terms under the Contracts (Rights of Third Parties) Act 1999.
The Principal is not a party to the agreement between you and Island Sailing under these Agency Terms.
The separate contract for the provision of the yacht charter services is between you and the Principal and is governed by the Principal’s applicable terms and conditions.
40. Severability
If any provision of these Agency Terms is found by a court or competent authority to be unlawful or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.
41. No Waiver
If Island Sailing does not immediately exercise a right available under these Agency Terms, this does not mean that we have waived that right.
42. Governing Law and Jurisdiction
These Agency Terms are governed by English law.
If you are a consumer resident elsewhere, you may also have rights under mandatory laws applicable in your country of residence which these terms do not affect.
Nothing in these terms limits any right you may have to bring proceedings in a court which has jurisdiction under applicable law.
43. Contacting Island Sailing
If you have questions about your booking or these Agency Terms, please contact:
Island Sailing Limited
No. 1 Booths Park
Knutsford
Cheshire
WA16 8GS
United Kingdom
These Agency Terms should be read together with the applicable Principal’s Terms & Conditions, our Website Terms of Use, Privacy & Cookie Policy and, where relevant, our Website Disclaimer.
