TERMS & CONDITIONS
These terms and conditions (“Booking Conditions”) together with the general information contained on our website www.orionsailing.gr or our brochure and any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with Orion Sailing IKE (collectively referred to as “Orion Sailing”, “we”, “us”, or “our”). Please read them carefully as they set out our respective rights and obligations. These Booking Conditions only apply to charter arrangements which you book with us and which we agree to make, provide or perform (as applicable) as part of our contract with you.
All references in these Booking Conditions to: (a) “charter”, “holiday”, “booking”, “contract”, “package”, “tour” “arrangements” or “travel arrangements” mean such holiday arrangements. (b) “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date) (c) “Bareboat Charter” means a charter arrangement where we charter a Vessel to you only, subject to any agreement to supply a professional skipper; (d) “Vessel” means the vessel you book either on a Bareboat Charter or Private Charter basis.
These Booking Conditions and any agreement to which they apply are governed in all respects by Greek law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of Greece.
Orion Sailing reserves the right at any time, or from time to time to update, revise, supplement or otherwise modify these Booking Conditions and to impose new or additional terms. All updates, revisions, modifications and new rules will be effective immediately and incorporated into these Booking Conditions. If the changes are significant or may materially impact upon your rights, we will provide a more prominent notice or contact you by other means (including, for certain services, email notification of Privacy Notice changes).
Making a booking
To make a booking, you must complete our booking form. This must be completed by the first named person on the booking (“Party Leader”). The Party Leader must be at least 18 years of age when the booking is made. The Party Leader must be authorised to make the booking on the basis of these Booking Conditions by all persons named on the booking and their parent or guardian for all party members who are under 18 years of age when the booking is made.
Once we have received your booking form and your deposit payment (or full payment if booking within six weeks of the start date of your arrangements with us) as per below, we will, subject to availability, confirm your charter by issuing a confirmation invoice, at which point the contract between us is formed.
The confirmation invoice will be sent to the Party Leader. Please check this invoice carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracy in any document within 7 days of us sending it out. We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so.
Pricing & Payment
In order to confirm your chosen charter arrangements, a deposit will be required for the booking (or full payment if booking within four weeks of the start date of your arrangements with us) and must be paid within 7 days of the booking. The balance of the cost of the arrangements must be received by us not less than six weeks prior to the start of your charter. This date will be shown on the confirmation invoice. Reminders are not sent.
If we do not receive all payments due in full and on time, we are entitled to treat your booking as cancelled. In this case you must pay the cancellation charges shown in below, as from the date we reasonably treat your booking as cancelled.
We reserve the right to make changes to and correct errors in advertised prices at any time before your charter arrangements are confirmed. We will advise you of any error of which we are aware and of the then applicable price at the time of booking. Please note, changes and errors occasionally occur. You must check the price of your chosen charter arrangements at the time of booking.
You should be aware that there may be changes in costs, including the cost of fuel, taxes and exchange rates which mean that the price of your charter arrangements may change after you have booked. However there will be no change once you have paid your balance. We will absorb and you will not be charged for any increase equivalent to 2% of the price of your charter arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that.
Changes by you
Should you wish to make any changes to your confirmed travel arrangements, you must notify us in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests. Where we can, an amendment fee of €20 per booking will be payable together with any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. A change of charter dates will normally be treated as a cancellation of the original booking and rebooking in which case cancellation charges will apply. Changes may result in the recalculation of the price of the travel arrangements where, for example, the basis on which the price of the original travel arrangements was calculated has changed.
Cancellations by you
Cancellations must be notified to us immediately by the Party Leader in writing. Notices of cancellation will only be effective when received in writing by us. As we incur costs from the time we confirm your booking, the following cancellation charges will be payable. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums and amendment charges which are not refundable in the event of cancellation.
All bookings will be subject to a cancellation fee where the following charges below, where applicable. Period before departure within which written notification of cancellation is received by us, the cancellation charge per person is determined as the following:
(a) Over 90 days, loss of deposit
(b) Between 90 and 60 days 40% loss
(c) Between 59 and 31 days 60% loss
(d) 30 days or less 100% loss
No refunds will be given for wholly/partly used charters for any other services booked but not taken.
Changes and cancellations by us
We start planning the travel arrangements we offer many months in advance. Occasionally, we have to make changes to and correct errors in our website and other details both before and after bookings have been confirmed we may also have to cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so.
Examples of minor changes include a change to check-in or drop off time of less than four hours.
Occasionally, we have to make a “significant change”. A Significant Change is a change made before departure which, taking account of the information you give us at the time of booking and which we can reasonably be expected to know as a sailing company, we can reasonably expect to have a major effect on your travel arrangements. Significant Changes are likely to include the following changes when made before departure; a change of yacht to that of a lower official classification or standard for the whole or a major part of the charter period, which would include the class and age of a yacht, length of a yacht, material pieces of equipment on board, number of cabins and bathrooms. If we have to make a significant change or cancel, we will tell you as soon as possible.
If there is time to do so before departure, we will offer you the choice of the following options:
(a) accepting the changed arrangements;
(b) cancelling or accepting the cancellation in which case you will receive a full refund of all monies you have paid to us.
We will not cancel your travel arrangements less than 40 days before your departure date, except for reasons of Force Majeure or failure by you to pay the final balance.
Very rarely, we may be forced by Force Majeure to change or terminate your charter arrangements after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.
You must deliver to us a crew list, which includes the following required information about each crew member: (a) Full name (b) date of birth, (c) passport or identity card number and nationality, expiry, birthplace and (d) contact number. This is to be provided for all crew members in the party no later than one week before the scheduled departure date.
Collection, Return & Security Deposit
The Vessel shall be collected and returned as follows:
(a) Check in: FROM 17.00pm on the first day of the charter
(b) Check out: BY 09.30am on the final day of the charter.
The Vessel must be returned to the home base the afternoon or evening of the day before checkout.
The Vessel’s condition, all technical functions (in particular, sail, lights and motor) and the completeness of accessory and inventory shall be thoroughly inspected using an equipment list (‘the Checklist’) by both you and our representative (who may be our agent) during check-in. We warrant that the Vessel and its equipment meet the requirements of the relevant statutes and regulations in the agreed charter shipping route. The seaworthiness of the Vessel and the equipment shall then be confirmed to be correct and in good order by both parties signing the Checklist prior to handover.
On the return of the Vessel, both you and our representative will conduct a checkout inspection of the Vessel and its equipment and agree the return Checklist.
(a) Unless we agree otherwise, you acknowledge and agree that on check-in, you will be required to pay security deposit for the Vessel as published on our website and as confirmed in your confirmation invoice.
(b) The security deposit will be paid by either us or our supplier (as agent for us) placing a hold on your credit card for the security deposit.
(c) The security deposit will not be used unless required for damages caused to the Vessel or its equipment or if the yacht is returned later than scheduled.
(d) You authorise us or our supplier (as our agent) to debit your credit card up to the level of the security deposit in this regard.
(e) We will ensure that the security deposit is released within 5 business days after the return Checklist is agreed, provided that we have not applied it in the manner described above, in which case we will procure the release of any balance of the security deposit.
Insurance and responsibility for damage
Adequate travel insurance is a condition of your contract with us. Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs.
We provide insurance for the Vessel. This insurance is subject to an excess amount equal to your security deposit.
Your financial liability for any loss or damage covered by this insurance is limited to the amount of the security deposit and subject to the following exclusions which are not covered by insurance:
- damage which is caused deliberately, recklessly or by gross negligence; and
- damages which would be covered by insurance but are not reported promptly to both us and the insurance company which are not be covered, as per the insurance policy.
You will be responsible for the full amount of any damages not covered by insurance, unless such damages were caused by us or our supplier(s). Damage to the hull of the Vessel must be followed by Vessel inspection, out of the water, which will be at your expense if you are held responsible for this discovered damage.
Your Responsibilities – Bareboat Charters
Prior to arriving, we or the supplier of the Vessel may request proof of previous sailing experience, and request it to be presented with the sailing licences or certificates of qualification necessary for skippering a vessel in the agreed boat class and sailing area. If you have any queries or concerns regarding your experience or qualifications it is important you raise them with us prior to making your booking.
In the event of any doubts concerning the qualification for safe skippering of the chartered yacht and crew, then we may appoint or arrange for a skipper of our choice for you, at your expense. Should this not be possible, or should you not agree, we may refuse to handover the Vessel, and you shall not be entitled to any refund.
Sailing Terms & Use of the Vessel
The Vessel can only be used exclusively in the coastal sea of the Ionion waters, unless otherwise agreed in writing, and is not allowed to be used for commercial purposes, such as (but not limited to) sailing school, diving, tours.
You should familiarise yourself with the technical systems of the Vessel prior to commencement. You shall use best endeavours comply with the instructions provided on board the Vessel and understand the particularities of the shipping route, such as (but not limited to) currents, change in water levels, down winds and wind tunnel effects.
You must be able to perform rotational control and maintenance on board the Vessel throughout the charter period, particularly verifying the oil level and coolant level of the motor on a daily basis.
You are responsible for ensuring the Vessel does not exceed the number of persons permitted on board, as per your contract with us. You are also responsible in ensuring no undeclared goods, subject to custom duties, or dangerous goods/substances are allowed on board.
You are obliged to report any damages to the Vessel as soon as possible but in any event within 24 hours of the incident occurring, both to authorised governing bodies and to us.
Regardless of insurance, you are also obliged to pay for all caused damages up to the amount of the security deposit.
Return of the Vessel
The Vessel must be returned to the agreed marina the evening before checkout, unless otherwise agreed in writing with us. In the event where you are unable to return the Vessel at the specified time, you must contact us at the earliest convenience.
You are obliged to return the Vessel to the agreed marina with full fuel tanks. In the event where the Vessel has not been returned with a full fuel tank, the fuel will be charged to you at market price, plus a fee to cover expenses of organisation and delivery of €100.
You should allow plenty of time for a punctual return, bearing in mind local wind and weather conditions, and when planning keep the yacht in sufficient proximity to the place of return. In the event of late return, we may charge an additional fee (2% of the weekly charter price per hour) in order to compensate the next charterer of the Vessel. This will not apply if timely return is not possible due to dangerous weather/sea conditions.
Should you leave the chartered yacht at a location other than the agreed place of return, you shall bear the costs of returning the Vessel to the agreed place. You must notify us without delay in all cases.
If gusts exceeding 25 knots are forecast, it is imperative that you contact us as to whether the Vessel is safe to be at sea, or if it should remain in dock. If these instructions are not complied with, any claims against ourselves, our suppliers or the insurance company arising from failure to follow these instructions will be denied and you will be responsible for all resulting loss and damage. If in any doubt, you should always contact us on one of the contact numbers provided, or via radio.
Our responsibilities to you
We will provide the Vessel on the agreed date in a seaworthy, good condition and clean, with full fuel and water tanks.
We will provide a Vessel equipped in accordance to the laws and rules of berth location of the Vessel and our yacht charter standards.
The equipment list is an integral part of our agreement with you, and a Checklist will be signed by the party leader and our representative on both the collection and return of the Vessel.
We will be available via telephone or radio during, at least, normal office hours during your charter.
Should we fail to provide the Vessel (or a suitable substitute) within four hours of the contractually agreed time, the charter price will be reduced on a pro rata basis for the down time. The same shall also apply for necessary repairs, except where repairs are due to the actions of your crew.
Should we fail to provide the Vessel (or a suitable substitute) within 48 hours you can choose to cancel the charter and request full reimbursement of the charter price.
Unfortunately some equipment may be damaged or lost during a previous charter and new equipment may not be delivered before the embarkation. Should the Vessel’s equipment or accessories be of a lower standard or level than those agreed, you may request an appropriate reduction of the charter price, but cancellation and full reimbursement will not be considered unless the yacht's seaworthiness is impaired or correct navigation using common navigation methods is made significantly more difficult and the risks to the safety of the boat and crew increase significantly as a result.
Please be aware that sailing carries an inherent level of risk, and we are not responsible for possible injuries, damages and other more difficult situations that may arise on or around the Vessel for you, or members of your crew, as well as for possible passengers, or for any third party except where caused by our negligence or that of our employees or suppliers.
Confidentiality and Data Protection
Orion Sailing will maintain confidentiality of your data, and will make reasonable efforts to prevent any unauthorised use, disclosure, copying, publication or dissemination of your data, except and only to the extent necessary in accordance with these Booking Conditions.
In these Book Conditions, “Personal Data” means any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier.
Wherever Orion Sailing determines the means and purposes of the processing of Personal Data relating to you, Orion Sailing will be the ‘data controller’ (as such term is understood under applicable data protection laws) of such Personal data, and the terms of Orion Sailing’s Privacy Notice shall apply to such processing.
Orion Sailing will in accordance with its Privacy Notice:
(a) comply at all times with applicable privacy and data protection laws;
(b) take all reasonable steps to protect the security and integrity of (i) information that can be used to establish the identity of you, (ii) sensitive information about you and (iii) your Personal Data; and
(c) take reasonable steps to notify you if Orion Sailing becomes aware of any disclosure of (i) your Personal Data or other data that can be used to establish the identity of you, or (ii) sensitive information about you that is associated with you.
Our liability to you
We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
(a) the act(s) and/or omission(s) of the person(s) affected;
(b) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable;
(c) unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
(d) an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
When you book with us, you agree that you must comply with the rules and regulations applicable to the Vessel you are sailing on. You accept responsibility for any damage or loss, howsoever caused, while the Vessel is in your possession, unless such damage is caused by us or our supplier(s). We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the travel arrangements of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the Vessel or other service concerned. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
Except where otherwise expressly stated in these Booking Conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage, loss or expense of any nature as a result of Force Majeure. In these Booking Conditions, "Force Majeure" means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include (but not limited to) war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.
Special requests and medical problems
If you have any special request, you must advise us in writing at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met unless we have specifically confirmed this in writing. Failure to meet any special request not confirmed in writing will not be a breach of contract on our part. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. We regret we cannot accept any bookings which are conditional upon a special request being met.
If you or any member of your party has any medical problem or disability which may affect your holiday or has any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements and/or making the booking.
Excursions, activities and website information
We may provide you with information (before departure and/or when you are on holiday) about activities and excursions which are available in the area you are visiting. Unless it is expressly stated in your confirmation invoice that an excursion(s) or activity(ies) is a package inclusion, we have no involvement in any such activities or excursions which are neither run, supervised nor controlled in any way by us. They are provided by local operators or other third parties who are entirely independent of us, on their terms and conditions. We may act as agent for those third parties to the extent required to put you into contract with those local operators, but we have no responsibility for the performance of that contract. These excursions or activities (which are not part of a package sold by us) do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way.
If you or any member of your party miss your flight or other transport arrangement, it is cancelled or you are subject to a delay of over three hours for any reason, you must contact us immediately.
We regret we are not in a position to offer you any assistance in the event of delay at your outward or homeward point of departure.
Passports, visas and health requirements
We cannot accept any liability if you or any member of your party are refused entry onto any transport or into any country due to failure on your part to carry correct travel documentation, the correct visa requirements or any health cards.