PLAINSAILING.COM TERMS AND CONDITIONS
TERMS OF USE
PlainSailing.com facilitates bookings for yacht charter services. PlainSailing.com does not provide any yacht charter introductory services and does not own or operate any yacht charter companies. Your contract for yacht charter will be between you and the yacht charter provider. The terms and conditions of the yacht charter agreement between you and the yacht charter provider are available on this booking engine when you select the yacht type and insert the other relevant information.
PlainSailing.com makes no warranty or representation in relation to any yacht charter provider or any yacht chartered by any yacht charter provider. It is the yacht charter provider's sole responsibility to provide you with a yacht chartered on this booking engine.
All references to booking engine in these Terms of Use are deemed to include reference to all bookings made through the PlainSailing.com phone line. All refererences to 'yacht' can also be taken to mean cover both yachts and catamarans.
BOOKING CONDITIONS
Please read the following conditions which apply to reservations/bookings made by you for yacht charters through this booking engine.
A. Making a Booking
When you make a booking at PlainSailing.com, you agree to pay the entire charter fee of the yacht charter at the time of making your booking. Additional services or equipment can be purchased alongside the charter, or may be added (and paid for) at any point prior to the commencement of the charter.
At all times you are responsible for payment of any additional services/costs requested by you and you are responsible for any other service charges applied by said yacht charter provider.
On making a booking with your credit or debit card through this booking engine, you agree with the Plainsailing.com default cancellation policy (see section C) except where superseded by bespoke terms provided by the Yacht Charter Company, which you will be advised of when making the booking. Depending upon when cancellation is made, money paid may not be wholly refundable.
Cancellations should be processed via PlainSailing.com, or by contacting customer support via the contact form or telephone line.
If you need to make any alterations to your booking, PlainSailing.com must receive a communication through PlainSailing.com Support form clearly informing PlainSailing.com of the precise details of such alteration. PlainSailing.com does not guarantee said alterations can be processed; however every effort will be made to meet with a favourable outcome.
Alterations cannot be processed after collection of the yacht. PlainSailing.com is unable to offer you a refund if you end your charter early. In the event that you require to extend the rental period after the collection of your chartered yacht (dates not covered by the PlainSailing.com voucher), you must pay directly to the yacht charter provider the local charter rates prevailing at that time. On making a booking/reservation it is your responsibility to inform the yacht charter provider if necessary of any physical or mental condition relevant to yacht charter. In the event of an accident, there may be insurance implications if you fail to inform the yacht charter provider of the condition.
You will be required to present on collection of your yacht charter, either a full drivers license from country of origin or a valid passport and a valid credit card in the main skippers name. Bareboat Charters will also require valid ICC or RYA documentation, which can also be uploaded to the booking control panel on PlainSailing.com for your own convenience.
In the event of a failure to present the required documents, the yacht charter provider may refuse the charter and no funds paid will be reimbursed to you.
If you make a booking but do not collect the yacht, no funds paid will be reimbursed.
Please be advised that in the event of a delayed arrival it is the customer's responsibility to contact the yacht charter provider. In the event of a flight cancellations or delay, PlainSailing.com will not be held responsible for the funds paid. PlainSailing.com recommend that customers obtain suitable travel insurance to cover these instances.
B. Confirmation of Booking
When your booking is confirmed, PlainSailing.com will issue the booking confirmation on behalf of the yacht charter provider for each booking, and will undertake to include charges for additional services or details of the service charge or taxes charged by the yacht charter provider or additional services requested by you at the collection point. PlainSailing.com recommends that you thoroughly check the details of the booking e.g. country, location and period of charter.
If there are any discrepancies, you should immediately send a communication via PlainSailing.com Support through our Website clearly informing PlainSailing.com of the exact details of such discrepancy.
PlainSailing.com advises that you read and comply with the yacht charter provider's terms and conditions (which are available on this booking engine but may be changed by the yacht charter provider from time to time) upon which the yacht charter provider makes the reserved yacht available to you upon receipt of the booking confirmation.
The reservation numbers included on the booking confirmation should be quoted in all enquiries, cancellation or modification of the booking.
C. Cancellations
If you wish to cancel a booking, the only accepted method is through our PlainSailing.com Website. Do not cancel your booking with the yacht charter provider directly as additional fees may apply.
In the event of the cancellation, there may be cancellation fees applicable, or payments to date may be required to be surrendered to the yacht charter operator. Refer to the yacht charter operators terms and conditions, which you will have received with the confirmation of your booking.
In the event that you cancel or amend a credit/debit card booking, PlainSailing.com will not be liable for any monetary losses suffered by you as a result of a change in monetary exchange rates between the time of your original booking and its subsequent cancellation or amendment (as applicable). All refunds will be made using the prevailing rates at the time of the transaction.
D. Pricing
PlainSailing.com makes every effort to ensure that prices quoted at the time a booking is made on this booking engine are accurate in all material respects. Nonetheless PlainSailing.com reserves the right to amend the price quoted at the time a booking is made in the event of a manifest or patent error in the price quoted. PlainSailing.com will endeavour to notify the customer as soon as reasonably practicable in the event that a price quoted at the time of booking is incorrect.
In the event of a change of price quoted at the time of booking the customer may elect to pay the amended price or alternatively the customer will be entitled to a refund of all sums paid.
Our payment provider is WorldPay. We accept GBP POUNDS STERLING and EUROS.
E. Complaints Procedure
Complaints must be logged via PlainSailing.com Support (either email, live chat or on the phone), and need to be received within 30 days of completion of the charter (drop-off date of the yacht chartered).
LIABILITY
In the event of a dispute between PlainSailing.com and you, our liability to you, if any, is limited to the amount of our introductory service fee you paid when booking the yacht.
PlainSailing.com hereby excludes to the fullest extent permitted by law any warranties (whether express or implied), as to the quality, completeness, performance or fitness for a particular purpose of (i) any yacht booked using this booking engine and (ii) this booking engine and any of its contents, including, but not limited to, any information relating to yacht charters contained within this booking engine and the technology supporting and provided on this booking engine.
PlainSailing.com reserves the right to make alterations to the booking engine at any time. The information on this booking engine is updated from time to time. By using this booking engine you acknowledge that the rental details and all other information including, but not limited to, information relating to travel and holidays published on this booking engine may include inaccuracies or typographical errors.
Any booking you make for yacht charter on this booking engine is made with a yacht charter provider and not PlainSailing.com. PlainSailing.com and this booking engine only facilitate the making of reservations with the yacht charter provider. PlainSailing.com is not a party to the contract between you and the yacht charter provider and has no responsibility or liability (directly or indirect) to any party in respect of the terms of your contract with the yacht charter provider or any problems arising with the yacht chartered pursuant to that contract or any other problems between you and the yacht charter provider. On making a booking for a yacht charter on this booking engine you are bound by and deemed to have accepted the terms and conditions of the relevant yacht charter provider.
Except to the extent contrary to law neither PlainSailing.com nor any of our directors, owners, employees, affiliates, travel partners or other representatives will be liable for any direct or indirect loss or damages arising out of, or in connection with your use of any information, products, services and/or the materials offered through this booking engine, including but not limited to loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, or any indirect or consequential loss or damages howsoever arising, even if PlainSailing.com has been advised of the possibility of such loss or damage or such loss or damages were reasonably foreseeable.
The listing of any travel information or services or link in this booking engine is not and should not be taken as a recommendation from PlainSailing.com or a warranty or representation that the travel information or services will be of a certain standard or suitable for your purpose. PlainSailing.com shall in no way be liable to you in the event that the travel information or services are not suitable for your purpose. You should use your own discretion when utilising this information.
SERVICE ACCESS
While PlainSailing.com endeavours to ensure that the booking engine is normally available 24 hours a day, PlainSailing.com shall not be liable if for any reason the booking engine is unavailable at any time or for any period.
Access to the booking engine may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond PlainSailing.com’s control.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this booking engine, you undertake to PlainSailing.com that you will not use this booking engine for any purpose that is unlawful or prohibited by or contrary to the Terms of Use.
AGE AND RESPONSIBILITY
By using this booking engine you confirm that you are of sufficient legal age to use this booking engine and create binding legal obligations for any liability you may incur as a result of the use of this booking engine. In using this booking engine you understand that you are responsible, financially and otherwise, for all uses of this booking engine by you and those using your login information. PlainSailing.com recommends you protect your login information.
LINKS TO THIRD PARTY SITES
This booking engine may contain links to resources located on servers or websites operated by parties other than PlainSailing.com. If you use these links, you may leave this booking engine (website). Such hyperlinks are provided for your reference and convenience only. The inclusion of hyperlinks on this booking engine to other websites or servers does not imply any endorsement of the material on such websites or servers (including but not limited to material relating to travel information or services) or any association with their operators.
PlainSailing.com does not control and is not responsible for such websites or the servers or the parties operating such websites or servers and accordingly PlainSailing.com accepts no responsibility or liability for any material contained on those servers or websites, or the accuracy or legality of information contained on other websites or servers.
You will need to use your own discretion when communicating and utilising services from these other websites or servers. If you decide to access any of the third party websites linked to this booking engine (website), you do so entirely at your own risk.
NO LIABILITY IN CREDIT CARD OR DEBIT CARD TRANSACTIONS
PlainSailing.com endeavours to ensure that all credit card and debit card transactions on this booking engine are secure. We do not process credit card or debit card transactions ourselves (we rely upon a third-party, WorldPay, to process transactions), and do not store your financial data within our booking engine, website or servers. However, if unauthorised charges appear on your credit card or debit card statement for any card used on this booking engine at any time during or after you make your reservation, conduct your transaction or disclose your card details on this booking engine, PlainSailing.com shall not be liable or responsible in any way in respect of any damage or loss of whatsoever nature suffered by you arising from or in any way connected with said use, transaction or disclosure, subject only to any statutory rights which you may have.
COPYRIGHT, NOTICE AND LIMITED LICENCE
All of the information within this booking engine including but not exclusive to, content, text, graphics, images, trade names, structure, photographs, buttons, artwork, computer code are protected by copyright, various intellectual property laws and laws under law and international treaties and is only available to you for personal purposes.
Unless you have received written consent from PlainSailing.com to the contrary, you may only use the booking engine and its content for personal, non-commercial purposes.
You do not have permission to modify, copy, distribute, collate, transfer, reproduce or display any of the above for personal or business use. In particular, by proceeding to access this booking engine, you agree:
Not to use the booking engine to make any speculative or false reservation;
Not to use the booking engine to research suppliers or suppliers pricing;
Not to use the name "PlainSailing.com" or any PlainSailing.com branding for commercial purposes without obtaining prior written permission from PlainSailing.com; and
Not to reproduce material from this booking engine (Website) for commercial purposes.
DISCLAIMER
This booking engine is made available to users as it is and PlainSailing.com makes no warranties or representations that (i) this booking engine or the technology (servers etc.) making it available and supporting it will be without fault or defects or (ii) the information posted on this booking engine is free from infection by viruses or anything else with contaminating or destructive properties.
PlainSailing.com accepts no liability for any infection or effects from harmful applications such as, but not limited to, viruses, trojans, tampering, fraud or theft, error, technical failure, omissions, delay, unauthorised access or any event which corrupts the acceptable administration, communication and integrity of this booking engine.
WAIVER
Our failure to enforce at any time or for any period any one or more of the Terms of Use shall not be a waiver of them or the rights attaching to any of them.
MODIFICATION OF THE TERMS OF USE
PlainSailing.com reserves the right to change the Terms of Use and the contents of this booking engine for any reason and without prior notice and without liability to you, any other user or any third party. This right shall not affect the Terms of Use accepted by you, the user, upon making a legitimate booking or purchase using this booking engine. You should check these Terms of Use for any changes each time you access the booking engine.
The yacht charter provider may from time to time change its terms and conditions (which are available on this booking engine) upon which the yacht charter provider makes the reserved yacht available to you. PlainSailing.com is not responsible and shall have no liability if the yacht charter provider's terms and conditions available on this booking engine have been or are changed by the yacht charter provider.
GENERAL TERMS AND CONDITIONS
The Terms of Use and your use of and access to this booking engine are governed by the laws of the UK. The courts of the UK shall have exclusive jurisdiction over all disputes arising between you and PlainSailing.com out of or relating to your use of this booking engine. Use of this booking engine is unauthorised in any jurisdiction that does not give effect to all provisions of the Terms of Use including without limitation this paragraph.
You agree that no relationship, partnership, employment, or agency relationship exists between you and PlainSailing.com as a result of the Terms of Use or your use of this booking engine. Our performance of the Terms of Use is subject to existing laws and legal process and nothing contained in this agreement shall prevent PlainSailing.com complying with any law enforcement or governmental authorities requests or requirements relating to your use of this booking engine or information provided to or gathered by PlainSailing.com with respect to such use and PlainSailing.com shall have no liability in respect of such compliance.
Although PlainSailing.com cannot monitor the conduct of its user's offsite, it is a violation of these Terms of Use to use any information obtained from this booking engine in order to harass, abuse or harm other persons, or in order to contact, advertise to, solicit or sell to any user or person without their prior express consent.