TERMS AND CONDITIONS
All Cloud Nine Sailing services are subject to the following terms and conditions.
Cloud Nine Sailing
Cloud Nine Sailing Emma Gledhill, sole tradership registered in Lefkada, Greece, tax number 156390481.
Any person, firm, company or organisation to whom Cloud Nine Sailing contracts to supply services.
The period during which the Client rents the sailing yacht (SY) Cloud Nine, PIR 10228, including any additional services provided to the Client by Cloud Nine Sailing.
An agreement between Cloud Nine Sailing and the Client to provide the Charter at the agreed time and price.
These terms and conditions apply to all contracts between Cloud Nine Sailing and the Client insofar as no other express agreement is either reached between the two parties or stipulated in law.
Any other conditions or variation to these conditions are only binding upon Cloud Nine Sailing if they have been expressly acknowledged as such by us in writing.
SY Cloud Nine is available for charter as a day charter (no overnight accommodation) or for multiple days and weeks (on-board accommodation).
All Clients must provide Cloud Nine Sailing with their full name, address, e-mail address and a contact number (ideally mobile phone).
The Client is required to hold adequate travel insurance, particularly cancellation insurance.
The person in charge of SY Cloud Nine during the Charter (the skipper) must be qualified to RYA Coastal Skipper level or have equivalent experience. If nobody in the party is qualified to this level, the Client will need to book a skipper in addition to the Charter price, unless otherwise agreed in writing.
The Client must take over and hand back SY Cloud Nine at the agreed ports at the agreed times.
The Client is required to comply with Greek laws relating to putting to sea, fishing and all other laws that may affect the Charter. In particular, charter yachts are not permitted to put to sea if winds of force 6 or higher are forecast. The Client will be held fully liable for any damages suffered in the event of failure to comply with these laws. Inclement weather that precludes putting to sea will not be deemed grounds for a refund. For day charters, Cloud Nine Sailing will make every reasonable effort to reschedule if the forecast is for a gale.
The Client must notify Cloud Nine Sailing’s local agent without delay in the event of damage or breakdown to the vessel. Cloud Nine Sailing will make every reasonable effort to have repairs carried out during the charter period if the problem precludes operation of the vessel. No compensation will be due for delays caused or sailing days lost as a result.
We reserve the right to cancel the booking or immediately terminate the Charter without refund if we find these conditions have not been met.
Terms of payment
Payment for all Charters must be made in full before the Charter begins.
For bookings made more than 60 days in advance, a deposit of 25% is required at the time of booking, with the balance due 60 days prior to the start of the Charter.
For bookings made less than 60 days in advance, payment in full is required at the time of booking.
A fee of €30 will be added to any reminders that have to be sent.
SY Cloud Nine will not be handed over to the Client if any payment is outstanding at the start of the Charter, and no refund will be made.
Payments can be made by bank transfer, debit card or credit card. All costs of payment are to be borne by the Client.
Cancellations will be subject to the following cancellation fees:
Over 60 days before Charter: Admin fee of € 100
60 – 30 days before Charter: 25% of the Charter fee (loss of deposit)
30 – 15 days before Charter: 50% of the Charter fee
14 days or less before Charter: 100% of the Charter fee
Any complaints must be notified to Cloud Nine Sailing in writing by the Client within 7 calendar days of the end of the Charter.
All activities are undertaken by the Client at their own risk. Clients are required to sign a waiver form to declare their understanding of this.
Cloud Nine Sailing accepts no liability for harm or losses sustained if laws, instructions and/or our advice are ignored, or while the Client is under the influence of alcohol or drugs of any type.
Clients are liable for all damage to and/or loss of Cloud Nine Sailing assets entrusted to their care. A security deposit will be taken accordingly at the start of each Charter.
The liability of Cloud Nine Sailing shall in all cases be limited to the value of the Charter. Under no circumstances can Cloud Nine Sailing be held liable for consequential damages.
The Client shall be liable for any consequences of late return of SY Cloud Nine to the agreed end port.
Cloud Nine Sailing shall only accept liability in the event of gross negligence and intent. Liability in cases of ordinary negligence shall be limited to the infringement of material contractual obligations.
In the event of Force Majeure (i.e. fire, storm, tempest, flood or any other natural disaster, industrial dispute, civil commotion, acts of war or terrorism and any other situation which can be shown to have materially affected Cloud Nine Sailing’s ability to provide the Charter as agreed) then Cloud Nine Sailing shall notify the Client of the circumstances, which shall entitle both Cloud Nine Sailing and the Client to cancel the Charter without cost.
Unless otherwise agreed, Cloud Nine Sailing may cite the Client as a reference.
The Client agrees that any photos taken by Cloud Nine Sailing may be used for promotional purposes.
The Contract is subject to Swiss law in the canton of Graubünden.