HighSails Terms and Conditions
Last Updated: 17/05/2020
Parties and Definitions
Highsails.com, Highsails,Website or Agent is the booking system that exists online under the domain name www.highsails.com
User is the legal entity or individual who uses or visits highsails.com to choose and reserve a boat charter. The User must be aged eighteen or over. On signing these terms and conditions, User confirms, under his/her sole responsibility, that she/he is aged eighteen or over and that all information given is true to his/her best knowledge.
Agent is the company in ownership of the booking system that exists online, highsails.com and is therefore the provider of technical capabilities of boat charter reservation for Users.
Operator is the final service provider or the charter operating company which rents boats for charter reservations and uses highsails.com as a partner for sales and advertising.
The Booking Form sets out the specific Operator name which the user is interested in using for reservation as well as information about check in and check out, information about price and deposit, payment and cancellations information and the list of specific services which have to be paid directly to the Operator before the start of the cruise, etc. The User must complete The Booking Form while making a reservation of a boat and prior to the payment.
It is the User’s responsibility to read these Terms and Conditions in detail. The User uses this website at the User’s own risk. Highsails.com (Highsails d.o.o) makes no confirmation that the use of the website will meet the necessities that the User requires. The User acknowledges that by reserving a boat charter they confirm that they have read carefully these Terms and Conditions and understood them and agree to be bound by them.
The User’s use of the service includes the ability to enter into agreements and make transactions electronically. The User acknowledges that submissions made electronically constitute a declaration to be bound by and pay for the agreement and its transactions. To obtain access and hold the records of these submissions and agreements electronically, the User may be required to have particular software and hardware of which it is the User’s sole responsibility to have available.
Further to these Terms and Conditions is a Sailing Terms and Use of the boat containing more general rules of boat chartering and a specific Operator’s rules and terms can be found in The Booking Form.
In the instance that there is a disparity between these Terms and Conditions and an Operator’s specific Terms and Conditions and rules contained in The Booking Form, the Operator’s specific rules hold.
By making a charter reservation of boat on highsails.com, the User fully acknowledges that he/she enters into a direct relationship with the charter Operator.
It is the Agent’s responsibility to notify the User of any changes to these Terms and Conditions at least 15 day prior.
Scope of Service
HighSails d.o.o is the online booking provider service on which charter Operators can advertise their boats for reservation and also on which the User is able to make boat reservations and payments. Highsails exists as the intermediary between the User and the Operator and it is Highsails or the Agent’s responsibility to establish contact between the User and the Operator. It is also Highsails’s responsibility to transfer information about a reservation by the User to the specific Operator with which the booking is made, punctually. It is also Highsails’s responsibility to provide payment confirmation and booking confirmation to the User by email. Highsails receives information about boat availability and price of charter from the Operator and publishes this information for Users visibility on the online booking system. Therefore, it is the sole responsibility of the Operator for accurate and prompt updating of this information.
Highsails.com has authorization from each Operator to act as a limited agent on its behalf. Meaning that:
- On signing these Terms and Condition, Users enter into a direct contract with the specific charter Operator.
- The payment that the User is obliged to pay to the Operator is fully satisfied by the payment made on and to Highsails with the exception of other services indicated in The Booking Form as “Extras” which the User is obliged to pay directly to the charter Operator prior to starting the charter. If there are any disputes on payment started by the Operator then these will be settled by the Agent and the Operator.
- Highsails bears no responsibility for the level of performance of boat charter services offered by a specific Operator including for partial performance or non-performance. Highsails bears no responsibility for the obligations of the charter
By using the online booking service provided by Highsails and therefore entering into a direct contractual relationship with a specific Operator, the User is fully and solely responsible for his/her selection of a specific boat, specific region of sailing, specific date and any other services, etc.
It is Highsails.com’s responsibility to provide each user with the ability to communicate directly with the booking manager of each Operator to surface any questions and make any requests for more information both before and after signing these Terms and Conditions.
The Agent is responsible for providing the User with correct and up to date information about the boat, rates and availability of dates. Whilst the Agent makes every effort to display up to date and correct information on the Website at the time of use by a User, the Agent bears no responsibility for out-of-date, incomplete or inaccurate data. The Agent gives confirmation that information about vessels advertised on the online booking service is in accordance with the data given by the Operator. Operators bear full responsibility for updating the information about the boat, rates and availability and any other information visible on the Website owned and operated by the Agent in accordance with the Agreement between the Operator and the Agent. On completion of the charter fee being paid by the User to the Agent, the Agent is obliged to book the charter and transfer all information to the Operator as well as make all the required secure payments to the Operator according to the direct contract specified between the Agent and the Operator.
Highsails (Highsails d.o.o) charges the User the rate of the services contracted with the Operator via the Website. Highsails (Highsails d.o.o) will be paid by the User and receive the payment on behalf of and in the name of the Operator that will provide the boat charter service. Highsails (Highsails d.o.o) will then make a transfer of the fund to the Operator according to the contract stipulated between the Operator and the Agent.
Once full payment is completed by the User, the Agent is obliged to provide email confirmation within 24 hours of completion. This email will contain the information regarding the chartered vessel, it’s location, other relevant information, the payments made so far and the contact details of the Operator. The Agent is obliged to give the User details about the embarkation but the Agent will not be present at boarding.
The User is obliged to present to the Agent, all the information that might be required on the Website or by the Operator in further conversations. The User bears the responsibility of the payment, including the procedures, periods and amounts specified on the Website. The User is obliged to obey the payment rules.
The User is obliged to use the Highsails online booking system in alignment with applicable laws and regulations and aligned to the current Terms and Conditions, accepting all liability that can be the result of improper use. The User is also obliged to abide by the Sailing Terms and Use of the boat which forms part of these Terms and Conditions, in the paragraph Sailing Terms and use of the boat, which it is important the User carefully takes into account.
The User is obliged to communicate to the Operator the full names, addresses, places of birth, nationalities, dates of birth, relevant ID or passport numbers of all the crew members as part of a crew list as well as, if there is a skipper, the valid license that the Skipper has for sailing. The User obliges to communicate all this information to the Operator before 4 weeks prior to embarkation.
Deposit and Insurance
All boats that are listed by Operator’s on the Agent’s website are subject to insurance by the specific Operators. The Operator’s boat insurance will cover third party damage as well as other maritime risks. What is not insured by these policies is the property of the crew and Highsails recommends that User’s that charter a boat take out further insurance for their personal property.
Prior to embarkation, the User has the obligation of leaving a security deposit with the Operator. This can be paid by either cash or credit card. This deposit will be taken and used in the event that there is damage or loss caused by the User or their crew. The quantity that is needed to be left as a deposit is stipulated in The Booking Form.
Sailing Terms And Use Of The Boat
The User is obliged to use the boat solely in the country that the Operator holds a seat. The user is obliged to not use the boat in locations that are not accounted for in the charts that the User has access to or in charts that the User has studied previously.
The User is obliged to use the boat at night only in the case that all navigational lights work or if the User has access to an appropriate watch on deck. The User is obliged to not leave the anchorage or the port if the relevant people in charge of the harbour have restricted sail or if the boat has damage to critical parts. The User is also obliged not to leave the anchorage or port if the boat does not have adequate fuel reserves or if maritime conditions, boat conditions or conditions of the crew are unsatisfactory.
For bareboat charters, those charters without skippers, the User declares that s/he or a crew member on the crew list has a valid navigation and VHF license. The User declares to the Operator that s/he or a crew member on the crew list has the required qualifications to sail a chartered boat in a safe manner, taking account of maritime conditions and other conditions that can impact the safety of the crew and the boat. The User obliges to take responsibility for the crew, the boat and any equipment that form part of the rental. The Operator is able to decree sailing restrictions on account of the User’s and the relevant crew member’s knowledge or for maritime or weather condition reasons. If the User, or the relevant crew member, does not have the required knowledge, they are still able to use the reserved vessel for accomodation but may be required to pay added fees at marinas if required.
The Operator bears no responsibility for injuries or damage to crew members or the vessel that happens to any member of the crew list or the User around the boat or on the boat. Therefore, the User will have the liability to pay for any damage to the boat or equipment or any losses of equipment that are the consequence of negligence or purposeful damage caused by a member of the crew list or the User. Any of the aforementioned damage or loss that reduces the value of the boat, the User will also be liable to pay for.
Any of the added costs for fuel of the boat or use of the boat during the period that the User and crew is chartering the boat for, the User is obliged to pay for. The User is also obliged to let the Operator know of any issues that arise during the use of the boat by the User and the crew as quickly as possible, in the most efficient manner. If there is any damage or loss of the equipment or boat, the User should let the Operator know immediately. If there is a more serious circumstance, for example if another boat is involved, then the User and the crew should let the relevant Harbour Master’s office know and retrieve from them information and documents about the relevant insurers. In the case that the User does not inform the insurance company, the relevant authorities or the Operator know about any damage or loss on the boat or the equipment or doesn’t retrieve the required information and documents surrounding the loss or damage and therefore the insurer does accept the cost then the User is liable to the costs of the loss or damage.
The User does not have the right to rent the boat or use the boat for any commercial reason, for example for professional use for diving or fishing, etc. The User is also not obliged to leave the boat under no control. The number of crew on the crew list should be exactly equal to the number of crew on board. With express permission from the Operator, the User can take animals on board but in no other cases. The User is obliged to obey all maritime and navigation regulations; taking into account the boat’s condition and safety, the crew’s safety, making sure the boat and relevant equipment are in good working, let the Operator know which route they are taking and to make sure to return the boat in the same order that it was received.
Charter with the Skipper provided by the Operator
If the User requires a skipper for the boat and knows this during booking, then the User should let the Operator know this during booking. If the User does book a boat with a skipper but does not need the skipper then the regulations set out in the Bareboat charter paragraph hold true about the User, the relevant crew member and the rest of the crew.
In the case that the User does require and reserves a boat with a skipper, there will be an additional cost. The rates and information surrounding the skipper can be seen in The Booking Form.
In the case that the Operator provides the skipper and the skipper is on the boat then the skipper takes responsibility for the boat and the safety of the crew. The skipper provided will take responsibility for the driving the boat and in the case that there are no further crew members on the boat his/her responsibility will also be to preserve the boat, making the required repairs, carrying out the required bureaucratic activities in the marinas as well as moving the boat between marinas.
The skipper’s main job is not to clean the boat as well as other jobs to preserve performance of the boat but this is not his/her main responsibility. Safety of the crew and the boat as well as enjoyable sailing are dependant upon good group responsibility of the skipper and of the crew. If the User requires a skipper, it is the User’s responsibility to keep a berth for him/her and provide necessities such as food.
If there is danger to the User and crew list due to maritime conditions or any other reason, the User and crew must obey the skipper.
It is the Operator’s responsibility to make sure that the boat is handed over in a clean and tidy condition, with required equipment and other gear in excellent condition, making sure that the boat is fully commissioned. It is also the Operator’s responsibility to make sure that the boat has full water tanks and fuel tanks and it is therefore the Operator’s expectation of the User that the boat will be returned in the same condition and full tanks. When the User signs the check-list, the User declares that the boat and the equipment and gear are in good working condition and at this point can put forward any grievances about the equipment, gear or boat condition.
The User is able to reject to take occupancy of the boat only in the case that seaworthiness has been decreased to a significant amount but not in the case that there are inconsequential irregularities or defects. If the user rejects occupancy of the boat within or at the time of 24 hours of the previously scheduled time and without notice then the Operator is able to terminate the contract.
In the case that the Operator is not able to hand over the boat to the User and the crew at the previously agreed place and time, then he/she can offer the User an appropriate other option. The Operator should pay the User for any time delays.
The Boat should be delivered to the crew and the user with all required and valid documentation (license, concession, etc) and any other important documentation and information from the folder of the boat. It is then the User’s responsibility to administer the proper care to the documentation that is trusted with the User and crew and then give back the documentation to the Operator at check-out. It is also the User’s obligation to study the on-board documentation. In The Booking Form can be found further details surrounding the check-in procedure.
The User is obliged to give back the boat at the same location as the check-in on the final day of the previously recognized period of charter. The boat should be given back in the same condition as handed over by the Operator and with full tanks. If there is a delay in the User giving back the boat, the User must pay the Operator an added cost depending on the delay time. It is therefore important that the User takes into account a timely return when planning the route as it is a necessity to bring the boat back to the marina, the night before the day the boat is handed back.
The User is also responsible for payment to the Operator for any loss or cost that the Operator might face due to late return of the boat at the pre-arranged check in location. Any exclusion from this rule can only exist if there has been a definite agreement between the User and the Operator of the charter.
Once the boat has been returned to the check in point, the User and the Operator together will go through the check-in list as well as look at the condition of the boat, the condition and availability of the equipment and the condition and the availability of any other gear. If the Operator observes any defect to the boat, equipment and gear or missing equipment or gear during this inspection then the member of the Operator’s team and the User are obligated to understand the liabilities for each defect or missing good. The User is then obligated to let the Operator know immediately of any deficiencies that are found and the User will be liable to pay for the deficiency fixes. If the User leaves and is not present for the check-out procedure at the boat, then the User must take responsibility for all deficiencies and defects noted by the Operator’s team member and pay for them. Furthermore, if the fuel tank is not full on return, as it was on embarkation then the User is obliged to pay the cost of filling the tank to the Operator. More information on check out can be seen in The Booking Form.
It is the User’s right to make a complaint if he/she is not satisfied with the level of service provided by the Operator. To make a complaint, the User must formalise, in writing, the grievance and then the Operator is obliged to reply, in writing, once the complaint is received by the Operator.
The total quantity of funds that the User can receive in compensation will be determined by the component of the service that the grievance is about and this may not be inclusive of any service that the User used and will not be the total price for the boat charter. If there was no intent to damage, then inconsequential damage compensation is excluded from the User’s rights to compensation. The Operator bears no responsibility for maritime conditions or weather conditions or marina conditions or port conditions or other similar elements that might cause a User’s complaints as these are not directly linked to the quality of the booking service that the Operator offers.
If there is a case of disagreement between the Operator and the Agent then there will be an attempt to solve these amicably. If there is a case of dispute with the Agent then there is an agreement on the jurisdiction of a competent court in Croatia. If there is a case of dispute with the Operator then there is an agreement on the jurisdiction of a competent court in the Operator’s seat’s country.
Price and Payment
The User is able to make payment by either card or paypal. HighSails.com is free at the point of use and the User will not be charged any added reservation fees beyond the boat charter rate. The complete rate is detailed in the Booking Form. Prices are states in euros and are inclusive of VAT and other taxes. Excluded from the price are additional services that are labelled Extras in the Booking Form which the User will pay for directly to the charter Operator before the charter commences. The price of these Extras may change without the User receiving notice prior to the reservation. The rate includes: accommodation on a vessel that is technically flawless, clean, has full fuel tanks, has vessel insurance, has vessel equipment that the User can use, has a home marina berth, has a license for sailing and has a vessel concession permit. The rate does not include any other port charges, other marina charges, other fuel expenses and the cost of any other necessities, car parking and crew health insurance. The User is obliged to return the boat to the Charter Operator with a full fuel tank and is also obliged to bear its bank costs. HighSails d.o.o will handle and process all payments from the User and transfer payments directly to the charter Operator. The operator is directly responsible for provision of the service.
The User is only able to embark and use the vessel once the full payment has been made. The User, in making the payment, confirms that s/he is fully aware of all terms and conditions with which the service of accomodation on a specific boat is provided. Also, by making payment, all Terms and Conditions become legally binding for the Agent, the charter Operator and the User.
The user is able to pay either by credit card, debit card or by bank transfer. The user is able to pay in full or in installments and the booking will be confirmed once the payment, either the first installment or total payment, is paid by the user and charter booking confirmation is obtained.
In the case of payment by installment, 50% is due on booking and 50% due at least one month prior to embarkation. Some charter operators will have different payment terms which will be found in the booking form.
The user is responsible for paying all card and transfer charges that the user or the service provider incur by transferring the payment from the user to the service provider and to the charter operator.
Confirmation of purchase and the specific invoice will be emailed to the User by HighSails within 24 hours of the payment being completed by the User.
Cancellation and refunds
The User, if s/he wishes to cancel the reservation with the charter Operator has to contact the Agent by email to email@example.com.
Acting on behalf of the charter Operator, Highsails will refund a percentage of the payment made by the User, when the cancellation is made, depending on the day of cancellation.
In the event of wanting to cancel, if the user can find another user to transfer the rights of charter to, if previously agreed with the charter operator, this is acceptable
If the reservation is cancelled 5-7 days after booking confirmation then 10% of the charter fee will be retained by the operator
If the reservation is cancelled more than or equal to 1 month before the date of check-in then the following rules will be applied:
- 50% of the charter price is refunded to the User within 14 business days of the cancellation
- 50% of the charter price is non-refundable unless the charter Operator makes a cancellation
If the reservation is cancelled less than 1 month days before the date of check-in then the following rules will be applied:
- 100% of the charter price is non-refundable unless the charter Operator makes a cancellation
Sometimes, specific operators will have their own cancellation policy so it is important for the user to check the individual booking form in this case
If the reservation is cancelled in the case of certain situations such as death of a close family member, specific accidents, certain conditions requiring medical care etc, then the User is able to transfer the paid amount and use it to book for a different time in the current or subsequent year. The User is obliged to provide authenticated proof of the aforementioned situation. In these specific situations, Highsails has the right to charge the User with any costs associated with the booking transfer, including administrative costs.
In cases of natural disasters, terrorist acts, war, etc. the charter Operator will not be liable for any modifications or not carrying out the vessel accommodation service in part or in whole. In the case that the User is not able to embark on the boat due to any cause, the User is allowed to find another customer to be accommodated on the boat for the previously agreed period. More information regarding rules of cancellation for specific operators can be found in the Booking Form.
In cases where an international travel ban is put in place on your destination, meaning that you can no longer travel to the destination, we will allow the option of rescheduling your booking to a later date. The destinations allowed for this option will be those listed as an Affected Area by WHO.