UPWIND 50

Written by the charter company, in its own words and language. navi-gate is not a party to them.

GENERAL TERMS AND CONDITIONS FOR SKIPPERED CHARTER OF VESSEL UPWIND 50 ECO The Purpose These General Terms & Conditions for Yacht Charter (hereinafter: Terms) regulate mutual rights and obligations related to services of accommodation on Vessel - yacht charter. Contracting Parties The charter contract is concluded between the client who charter the Vessel (“Client”) and the owner of the yacht, UPWIND CATAMARAN d.o.o. Šetalište 150 brigade HV br. 8, 10090 Zagreb, Croatia (The Company) ( and ) Agency-Mediator who represents the Client (“Agency“) Booking Confirmation From Client’s side, the booking intention is confirmed when advance payment is paid by Client. From Company’s side the booking will be confirmed when full amount of advance payment lands on its account and Booking confirmation is issued to the Client or the Agency. Payment Methods After the yacht charter reservation has been agreed, which will be effective in writing only, the payment is to be done according to the following calculation: - a deposit of 50 % is required within 3 days of Client reservation - 50 % of balance not later than 30 days prior to Vessel embarkation All payments have to be done according to payment instructions listed in the Pro-forma Invoice which the Company has sent either to Client or to Agency. The Vessel can be taken over only after the complete amount for yacht charter and all contracted extra services has been fully settled. If either advance payment or balance payment has not been fully settled until above stated deadlines, the Company shall be entitled to cancel the Vessel’s booking without any refunds to the Client. The Price of Yacht Charter The price for yacht charter shall include the following: the Vessel equipped according to the presently effective inventory-list, as well as usual charter base services at the time of Vessel delivery (check in/check out). Yacht charter price shall not include additional services such as food and beverages, fuel, costs for marina’s services and moorings, harbour dues, taxes, entrance tickets to parks, or any other additional services other than those explicitly stated as included in Vessel’s equipment list. The Skipper’s fees are to be paid by the Client directly to the Skipper in cash before Vessel embarkation. Optional Hostess or Hostess/cook fees are to be paid by the Client to the Company bank account. Additional services – Extras Additional services and extra equipment for which an extra payment shall be done (hereinafter: Extras) in accordance with the effective Price List (e.g. outboard engine, transfers, etc.) All Extras must be confirmed by both sides in writing not later than 15 days prior to the beginning of the charter date and are to be paid by the Client to the Company bank account. Crew List and Arrival Details The Client must send a correctly filled Crew list, not later than 15 days prior to the first day of charter. The Client agrees that s/he is the main contracting party of the Company, and that Client is responsible for the other crew members on board. Additionally, it is recommended to send an estimated time of arrival at least 15 days prior to the first day of charter, in order for the base staff to organize check-in procedure in as smooth way as possible. If Client has booked the transfer (e.g. from airport), then sending detailed arrival and departure information at least 15 days in advance is obligatory. Client is responsible for the accuracy of delivered crew list information, as well as for validity of all passports, visas and other identification documents. Cancellation by Client Should the charter of the booked Vessel be cancelled by Client, whatever the reasons may be, the Client shall be liable to inform the Company per email about the cancellation without delay. Client shall be charged for the cancellation in the amount of: .- More than 280 days before Vessel embarkation, 30% to the total charter amount. - Between 280 days and 30 days before Vessel embarkation, 50% to the total charter amount. - Less than 30 days before Vessel embarkation, 100% to the total charter amount. The date of the receipt of the cancellation notice in writing shall be the basis for the settlement of the stated cancellation charges. Exceptionally, should a cancellation of the yacht charter booking be done owing to the Act of God, i.e. objective serious reasons stated and proven by Client (death in the near family, serious sudden health condition, a serious accident, etc.), the Company may allow the Client to use the already paid amount as a pre-payment for the next booking within one year period. In this category of cancellations are also the situations when the Client does not come for the check-in (non-show-up case), or when the Client leaves the Vessel prior to the contracted check-out time (early abandon case) – in all such cases the 100% cancellation fee applies and Client does not have a right for any refund. Cancellations by Company Should the booking be cancelled by Company, then Company will offer to Client: reservation of another vessel, from own fleet or from another fleet, of similar size and with similar features, if possible. If the new vessel is cheaper than the original, Company will also refund the price difference as per valid price lists of both Vessels, applying the same discounts which were approved to Client for the original booking. Generally, in case of switching to another vessel, these Terms apply to the new vessel accordingly. or full refund of all amounts that Company has received from Client for the Vessel. Client acknowledges that in case when severe damages of the Vessel have occurred during the previous charters, or due to events such as acts of God, Company is objectively not guilty for this, and thus Client shall aim to be cooperative towards finding appropriate alternative solution under the given circumstances. Security deposit Before taking over the Vessel, the Client must give a security deposit (hereinafter: Deposit) in amount according to valid Price List of Company. The Deposit may be given either in cash or with one of the credit cards accepted by Company. After the completion of yacht charter the whole Deposit shall be repaid to the Client, unless some Vessel damages or loss of equipment have occurred, or unless the Client or his/her crew have not acted in accordance with these Terms. The set down deposit cannot be used for covering the expenses caused by the Skipper's negligence, bad steering of the boat and bad management of the equipment. Check in Check in is in the agreed time and place, from 5.30 p.m. to 9 p.m. If the Client does not take over the boat within 24 hours from the agreed time without previously announcing it, the Company is authorized to unilaterally terminate the contract and the Client has no right to subsequently ask for compensation. If due to whatever reasons the Company is not able to deliver the reserved boat in the agreed time and place, the Company has a 24-hour time, from the agreed time of taking over the boat, to provide the Client with another boat with equal or better characteristics. If the Company does not succeed in doing so, the Client has the right to terminate the contract and to be reimbursed of the already paid amount. If the Client decides to wait for a substitutive boat more than the previously agreed 24 hours’ time, s/he can be refunded the amount of the rental for the days he was not able to use the boat. The responsibility of the Company for amounts higher than the amount of the rent, as well as for any other right of the Client for compensation, is excluded. The company shall not be liable for any delay due to the Acts of God or rough weather conditions. The Company is obliged to give out to the Client a technically correct boat and completely equipped, clean and dry, ready for sailing. Eventually objections are presented exclusively before the beginning of the journey. Eventually concealed defects or deficits of the boat and/or the equipment, which were not known to the Company when submitting the boat, as well as damage and defects on boat or boat equipment during the renting, that the Company could not predict, do not give the Client the right to ask for discount on the price of the rent or refund. . Returning the Vessel The Skipper is obliged to return the Vessel at the agreed date and time (until 6 p.m. the evening before) to the defined marina / port mentioned in the booking confirmation, clean and tidy, with full tanks of fuel and water, ready for further sailing, i.e., in the same condition he overtook it. If, for any reason, it is not possible to obtain a mooring space at the agreed check out marina, disembarkation will be at the nearest possible marina or port where there will be free mooring space. When returning the Vessel the Company's representative will perform a complete check-up of its general condition and the equipment and compare the present inventory and equipment with the inventory list. Skipper The company on behalf of the Client shall find a professional Skipper to act under the direction of and on behalf of the Client in all matters regarding the management, operation and movement of the vessel unless the safety of the vessel, any persons on board or a third party are in jeopardy, in which case the Skipper’s authority overrides that of the Client and s/he is under instructions from the Company to prevent or minimize injury and/or damage. Skipper's commitments and responsibilities The skipper will check in/out the yacht on behalf of the Client. Both the Client and the skipper have to sign the acceptance statement after the yacht’s delivery. The skipper will demonstrate to the Client the safety equipment and the functionality of the yacht and its equipment, as well as all actions in case of an emergency. The skipper is responsible for the navigation of the yacht, mooring, anchoring, manoeuvring and for keeping the deck and cockpit of the yacht clean, in good and fully functional condition. Other tasks such as cleaning, cooking, etc. are not part of the skipper’s obligations. The skipper should respond to any Client’s request regarding various tourist information and share all knowledge he happens to have (such as interesting anchorages, sights and spots, museums, restaurants, nightlife, attractions, water sports points, etc.) acting partially also as a “guide” or a local “host” at the highest possible degree. The skipper is supposed to navigate and sail the yacht for approximately maximum 6 hours a day (unless otherwise agreed) and night sailing and overnight anchoring in bay is not allowed, due to restrictions set by the insurance company. Vessel need to be in marina or port for overnight mooring. It is permitted to tie up a boat to a buoy (or mooring) in front of a restaurant in some bay for a maximum of two days a week. The skipper will consult the Client for the desired sailing schedule and route and will coordinate this considering the safety, weather conditions and pleasure requirements of the passengers. If winds blow very strong ( over 16 knots ), it is on the skipper’s judgment if the yacht should depart from the port or not. In all such cases the skipper should explain the situation to the Client in detail, and they should mutually agree on an alternative plan for the next days. The skipper is responsible for the mooring of the yacht, the refilling of diesel and fuel for the outboard engine and for arranging the port formalities. The Client will pay all these costs. Given the size of the ship, when mooring in the marina/port, the skipper needs the help of a person (client/guest on board) who will throw the ropes for tying the Vessel to the official person in the marina, who assists during the mooring. Since mooring is a demanding process that does not allow the possibility of ( very expensive ) mistakes, especially in strong winds, the client/guest who helps the skipper should have sailing license B or C category be very experienced in the mooring process. If the clients do not have sailing license and are not experienced with mooring, another crew member is needed to assist the skipper during mooring and other necessary operations. In that case, the company will offer, at a very reasonable price, the service of a hostess or hostess/cook who will assist the skipper in mooring process. Accommodation for both crew members is provided in a separate cabin with their own bathroom. The skipper ( and optional additional crew member ) will get his food/drink by the Client. Hostess/cook commitments and responsibilities Hostess/cook is responsible for help in mooring process, help in shopping, preparing and serves meals/drink on a catamaran which includes breakfast, light lunch, snacks, drinks and tea/coffee. As for lunch, the client can expect Mediterranean dishes. Keep in mind that a hostess/cook is not a chef, and boat is not a restaurant, so do not expect or request "haute cuisine". Hostess/cook clean common space on boat ( kitchen equipment, salon, cockpit, deck ..etc ) and do not clean quests cabins or bathrooms. Hostess commitments and responsibilities Hostess is responsible for help in mooring process, help in shopping, preparing and serving breakfast, snacks, drinks and tea/coffee. Hostess clean common space on boat ( kitchen equipment, salon, cockpit, deck ..etc ) and do not clean quests cabins or bathrooms. Personal Insurance It is a requirement that all crew members have current personal holiday travel insurance to cover a holiday including adequate accident and health insurance cover for the duration of the charter. The Company will not be liable for any cover it may not provide. The Company shall not under any circumstances whatsoever be liable for loss or damage to any of the charterer's property, or for illness, accident, personal injury or death suffered by any guests. No liability or responsibility is accepted for any loss or additional expenses incurred due to any accident or illness. The Company will not be a party to any negotiations with doctors or hospitals Complaints The Company will strive to meet its aim that Client has a positive holiday experience on board. In the event that Client has a complaint it should be raised the same day so it can be handled immediately. A complaint which has not been satisfactorily dealt with or has not been raised during the charter period should be made in writing to the Company within fourteen days of the last day of the charter. The Company will not consider complaints sent after the fourteen day time limit. Jurisdiction The Client and the Company shall endeavour to resolve all the disputes that may arise in connection with these General Terms in mutual agreement. In case the mutual agreement may not be reached, the Parties stipulate the jurisdiction of the authorized court in Zagreb. The competent law shall be the law of the Republic of Croatia. GENERAL TERMS AND CONDITIONS FOR CABIN CHARTER: UPWIND 50 ECO catamaran cabin charter The Purpose Upwind Catamaran d.o.o. endeavours to accommodate all and every wish of each individual guest, and remains committed to provide exceptional sailing holidays. Below terms as set out are industry specific, and detailed in order to ensure equality of offering throughout the seasons and to every single one of our sailing guests. Please ensure you have read and understood the terms and conditions set out below before making a booking. If you are unclear about anything, please contact us for clarification. Payment of your sailing holiday confirms your understanding and acceptance of our terms and conditions. Definitions and Interpretation In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings: "We", "Us", "Our" – UPWIND CATAMARAN d.o.o. (Organisation number: MBS 081033674, Incorporated in Croatia, VAT number: HR42428971446) "You", "Your", “Organiser” - All persons named on the booking or added to the booking at a later time “Online” – www.upwind-catamaran.com "Tour", "Sailing Holiday" - The yacht charter you book with UPWIND CATAMARAN d.o.o. The headings used in these Booking Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions. Words imparting the singular shall include the plural and vice versa and references to any gender shall include the other gender. A contract exists between UPWIND CATAMARAN d.o.o. and you, upon receipt of the booking deposit. Currency All monetary figures are in Euro (EUR €) and all payments are inclusive of VAT (PDV in Croatia) and any other taxes unless otherwise stated. If you would prefer to use an alternative currency, please let us know. Bookings Group booking After making a booking with UPWIND CATAMARAN d.o.o., the organizer will be required to complete a group booking form and include each member of the traveling party. It will be the responsibility of the party organizer to ensure that each traveller (every guest) has read, understood, and agrees to these terms and conditions. A copy of each traveller's (every guest) passport of will need to be supplied to UPWIND CATAMARAN d.o.o., along with the completed group booking form. The group organizer will be the point of contact for UPWIND CATAMARAN d.o.o. and will be responsible to keep your traveling party informed of all sailing arrangements. If there are to be any changes to the (individuals within the sailing group) traveller party, these can only be accepted by the organizer. Couples booking A copy of each traveller's (guest’s) passport will need to be supplied to UPWIND CATAMARAN d.o.o. Each traveller (Every guest ) must have read, understood and agrees to these terms and conditions. Solo travellers (Single Guests) Our prices are based on full occupancy of the catamaran, therefore it's financially impossible for solo (single guests) travellers to occupy a double cabin at the per-person rate. Depending on availability, alternatively, you will pay the cabin price with a 25% discount. Cabin allocation: You can choose cabin but it be on a first come / first serve basis. Payment Unless otherwise agreed by UPWIND CATAMARAN d.o.o., each guest will be required to pay 50% of price per berth within five (5) business days (Monday to Friday) from the booking reservation. If you fail to make the first payment ( 50% of price per person ), we will cancel booking without notice and make the dates / cabin available to the public. The balance will be due 2 months before the departure date. The specific date will be specified on the official invoice within five (5) business days (Monday to Friday) from the reservation issued upon booking confirmation. If booking a date less than 2 months before the departure date, payment will be required in full. Formal confirmation of the booking cannot be given until payment has been received. Payment is possible only with a bank-to-bank transfer. When making payments, please ensure you have paid any international transfer bank charges. Itinerary Our skippers will follow suggested itinerary, however, there may be circumstances out of their control where this may not be possible. The skipper has the authority to change the itinerary when and where he/she deems fit. These will be for safety reasons or adverse weather conditions. Dangerous winds may dictate we take another marina/port to the listed itinerary. If the group collectively requests a change to the itinerary, the decision to do so will be at the skipper’s discretion. There are some ports which we berth on a restaurant's dock. It's customary that we eat in their restaurant, as they're providing a secure berth for the evening. If you don't want to eat in the restaurant, we will be forced to leave the dock. If there are additional berthing fees, these will be passed onto you, and you will pay for the crew dinner. It is customary for clients to invite the crew to dinner at the restaurant where they also dine or to give ( each of them ) 20 euro so they can dine at a restaurant of their choice. Embarkation and Disembarkation UPWIND 50 ECO catamaran sailing holidays end at 9:00 h on the following Saturday. This is your time to disembark the yacht. You will arrive in your final port on Friday by 18:00 h latest. Embarkation / Check-in time is from 18:00 h every Saturday. If you can’t be on time, please be early. We will check you in and conduct a safety briefing. If guests do not arrive by check-in time, unless you inform us on an urgent phone call, we will assume you will fail to arrive and will sail without you. There will be no refunds provided. Cancellation insurance is your own responsibility and should be done at the time of booking. Check-in / Boarding time Notifying us of a late arrival does not guarantee that we will wait, we have a schedule to keep and a holiday to begin for the customers that arrived on time. We are not obliged to wait and will not wait unless you have a confirmation from us advising of this. If you are late, we might be able to arrange a water taxi (at your expense) or you'll need to take a ferry or Uber water taxi to the next port to catch up with the boat. There is a 'no refund policy' should you fail to arrive at the boat by check-in, this will include but is not limited to missed flights, missed transfers, getting lost. It is strongly advised to call your skipper if you believe you will be late. Alternative arrangements may be made, or you may catch up with the tour later in the day / the next day. If a marina starts their next billing cycle and we're charged an extra day's berthing, this cost will be passed onto you. It's your responsibility to be on time. Excursions and onshore activities We are not affiliated with any excursion company or onshore promoter. We have no financial relationship or otherwise with tour operators. You can participate with onshore tours and excursions, moped, car, bike hire at your own risk. All excursions are at your expense. Non-payment of booking/cancellation If you fail to make the first payment ( 50% of price per person ), we will cancel your booking without notice and make the dates available to the public. If you fail to pay the balance of the booking price by the required date, you will forfeit your booking dates and deposit. We will attempt to contact you/your party organizer; however, it is ultimately your responsibility to pay the balance by the agreed date Cancellation of bookings has the following refund percentages: Within 5 days of booking: 80 % refund After 5 days of booking and more than 2 months from the departure date: 40% refund of first payment Less than 2 months from the departure date: 0% refund There is a strict no refund policy if you cancel your booking within 2 months before your departure date. You may be able to arrange a CFAR (Cancel for any reason) insurance as an addition to your insurance policy, allowing you to cancel for any reason under normal travel circumstances. A CFAR policy will provide a refund for your non-refundable travel costs. If you know that you would prefer a refund in the case of a cancellation, we strongly suggest you take our CFAR policy, as the policy covers any liability and refunds, not UPWIND CATAMARAN d.o.o. Cancellation by us We aim to have a zero-cancellation policy, however, sometimes the cancellation may be unavoidable and therefore we reserve the right to do so. A minimum of 2 cabins must be sold for a guaranteed departure. We will notify agency / you of any possible cancellations as soon as possible ( minimum 30 days ) before the departure date. Anyway, in case of not sold two cabins 30 days before charter, we`ll inform agency and you about current status and, if you want, we`ll refund money or, if you want, wait for some time to see what will happens or reschedule the booking ( if you agree and if it is possible ). N.B. We will not refund other associated costs such as flights and transfers. Refunds In the event of a complaint or dispute, we will not issue a refund. We will discuss and apply a fair credit if deemed necessary. Force Majeure In this Clause, "Event of Force Majeure" means an event beyond the control of the Authority and the Operator, which prevents a Party from complying with any of its obligations under this Contract, including but not limited to: Act of God (such as, but not limited to, extreme weather, fires, explosions, earthquakes, drought, tidal waves and floods), war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilisation, requisition, or embargo, rebellion, revolution, insurrection, or military or usurped power, or civil war, contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly, riot, commotion, strikes, go slows, travel restrictions or bans, lockdowns, public health bans or restrictions, pandemic, lock outs or disorder, unless solely restricted to employees of the supplier or of his subcontractors, acts or threats of terrorism, recession, depression, any unspecified global man made or natural disasters, cyber terrorism, cyber pandemics, global financial crisis, global banking freezes including but not limited to freeze on electronic transactions, cash withdrawals or economic collapse and covid-19 types of pandemic or similar. Force majeure in neighbouring countries that do not affect the host country does not qualify as a valid reason for postponement and our standard cancellation policy applies. In the event UPWIND CATAMARAN d.o.o. are not able to carry out the services contracted due to reasons out of our control, we will not be liable. The trip will not ‘roll-over’ into another week. We use this time to remind you that travel insurance is required by all guests to cover you in the event of an emergency outside of our control, preventing us from delivery of service. Travel insurance is required by all guests to cover you in the event of an emergency outside of our control, preventing us from delivery of service. UPWIND 50 ECO catamaran is fully serviced and maintained on an annual basis and conduct running servicing throughout the season to keep everything in working order. In the event of emergency repairs during your itinerary, it may be the case that we spend an extra day in a particular location. Although this is unforeseen and unpreventable, there will be no monetary compensation for a change in the itinerary, it means you get an extra day to enjoy that stop. The skipper will discuss options with the group and come to decision about how to make up the time. If the winds are in excess / forecast to be more than 15 knots, the boat must find shelter and not permitted to leave the safety of the marina / harbour. This will result in a change in the itinerary. We will always put your safety first, even if this means a change to your itinerary. The skipper is supposed to navigate and sail the yacht for approximately maximum 5 hours a day (unless otherwise agreed) and night sailing and overnight anchoring in some bay is not allowed, due to restrictions set by the insurance company. Vessel needs to be in marina or port for overnight mooring The itinerary is a suggested itinerary and if the weather doesn't allow for safe passage, it may result in a changed itinerary, including staying in port. Any additional water taxi's / ferries to continue to a proposed port is the financial responsibility of the guest. Skipper authority and dispute resolution The skipper has final say and ultimate authority on board the yacht. Unless you have chartered the entire yacht, there is a high chance you will be sailing with other guests. All guests must be always respected, including but not limited to guest personal space, personal possessions, quiet time in the AM and PM, allowing for fellow guests to sleep if they have retired to their quarters for the evening and respect of opinion. If the skipper’s involvement is required in dispute resolution, his say is final. If an individual or group refuse or are unable to comply with the skipper’s requests, it may be requested that the offending person(s) are removed from the tour with immediate effect. If a person or group is removed from a tour, it will be their responsibility to find subsequent transport and accommodation. There will be no refunds provided. Hostess We provide a hostess during your voyage at no extra charge to you on cabin charter. After hostess daily duties have been completed, the hostess has down time too. Meals We provide breakfast and lunch on full days, excluding embarkation and disembarkation days. On disembarkation day, we will provide a basic breakfast, as we are restricted for time with an 9:00 am guest check out. We provide two options for your meals: Mediterranean style and vegetarian Mediterranean style without meat. We will ask you in advance of your voyage for your preference. It's customary guests cover crew meals during the evenings. Linen One set of bed linen will be supplied for everyone on board, including a towel and hand towel. We will also provide bed sheets (top and bottom), pillow, pillowcase, and blanket. Beach towels are not provided. If extra linen is required, please give us at least two weeks’ notice, otherwise we may not have time to make the arrangements. There is an additional charge for extra linen and for resetting your bed linen. Water toys A basic set of snorkelling gear is provided on board. There will be a minimum of 4 sets on boat. If you want to guarantee a set, we suggest you pack your own. Floaties are not provided as standard equipment. If you'd like floaties, we suggest you bring your own. Gratuities Gratuities are not included in the price of the charter. The MYBA (Mediterranean Yacht Brokers Association) issued tipping policy guidelines that range from 5% to 15% of your total charter price as the customary range. Liability UPWIND CATAMARAN d.o.o. operate in accordance with local law and regulations. All due care will be provided to ensure the safety of your personal belongings; however, UPWIND CATAMARAN d.o.o. will not be held liable for replacement of your personal belongs if there is a break in or theft on the yacht. It is your responsibility to have adequate travel insurance before setting foot on board, covering you for personal possessions and against injury. Travel insurance is a mandatory requirement for all guests joining our trips. The purpose of insurance is to cover, but not limited to accidents at sea, lost luggage, missed connections, cancelled flights, travel restrictions, late arrival to check in and missing your embarkation, travel bans due to outbreak. If there is a travel ban due to outbreak and you cannot join your trip, you will need to speak to your insurance provider for compensation. It needs to be stressed that UPWIND CATAMARAN d.o.o. is not liable for travel bans, restrictions, or any other unmentioned activity which prevents you from joining your scheduled trip. Your skipper will provide a safety briefing before all departures and will not leave the marina until everyone is satisfied with their obligations and the skipper is satisfied that everyone is capable and understands. UPWIND CATAMARAN d.o.o. will not be held liable for any injuries due to guest negligence or mishaps. Sailing is an active sport with variables such as wind, water, moving objects and other vessels. All care will be provided, and guest safety is the priority of the skipper, however we will not be held liable for any unforeseen incidents involving guest injury. Guests may not wish to participate in active sailing, however by setting foot on board and embarking with us on a sailing holiday, you assume any associated risks including but not limited to cuts, bruises, sprains, broken bones, or rope burn. Behaviour and early termination of tour A responsible level of behaviour and consideration is expected whilst you are on board our yacht and you must comply with the yacht’s rules and regulations. You will be liable for any damage or loss caused by you or by person(s) in your party whilst on board. If you or any person(s) in your party are deemed to be in our reasonable opinion behaving in a manner, which is likely to cause danger or distress to any third party or property, we are entitled to terminate our agreement with the person(s) involved without notice or refund. We also have the right to remove the person(s) involved from the vessel and have no further responsibilities towards the person(s). If the matters are serious, the local Police may be involved. The skipper's decisions are final. In case of disputes or misunderstandings, the skipper's decision is to be respected. Rights and use of digital media If a photographer or another employee is taking photographs/video and you have an objection to these being used by us, please make your objection known at the time. We may publish digital media to a web platform and/or use it for marketing purposes. Personal responsibilities All person(s) intending to travel must be at least 16 years of age from the date of departure. Your personal responsibilities include, but not limited to: Personal travel insurance, Travel Visa (if necessary), Current and valid passport, Travel arrangements to and from the embarkation and disembarking ports/marinas, You are responsible for notifying your skipper or UPWIND Catamaran d.o.o. if you or members of your group are running late for check in, Dinner meal arrangements, Your personal safety on board and in port, Bringing all medication for any illnesses or ailments, Notifying your skipper of any physical or medical conditions, current or otherwise, Notifying your skipper if you cannot swim or suffer from any medical conditions including but not limited to panic attacks, diabetes, heart condition, black outs or epilepsy, Follow all instructions given by your skipper, Treat the yacht and equipment with care, which includes cleaning after yourself, keeping your cabin and head (toilet) clean and keeping the common areas clean and tidy, It is the parent's responsibility to clean after children, If we must excessively request you clean after yourself, we will impose a €200 cleaning supplement or if this isn't paid, we may request that you leave the boat, Report to the skipper any instances of other guests abusing the yacht, yacht equipment or guest’s possessions, You are responsible for personal items and the Company is not liable for any loses. It is your responsibility to check you have all your possessions before you disembark the yacht. If you leave any personal items behind on the boat(s), you will need to contact the boat crew ASAP. If you notify us later than 24 hours after your trip ending, there is a high probability your items have been considered trash you have abandoned and thrown out by the cleaners. We are not responsible for any items lost or left behind. If you locate any forgotten items, you will be required to pay for registered post to have the items sent back to you. We are not responsible for any items that fail to arrive in the post. Pets are not permitted on board the yacht. Children under the age of 14 are not permitted on board the yacht unless you get the express consent from UPWIND CATAMARAN d.o.o. and your parents or relevant guardian before time of booking. Additional costs Marina or port prices can be different from port to port, from marina to marina, from period to period in season. Marina or port costs are shared between clients on board. If you plan on taking a water taxi to another island, these costs will be borne by you. Once the yacht has taken a berth/mooring it will not be used as transport to nearby islands. Guests are required to pay for any cave entry fees or other off-boat excursions. The crew are there to maintain a general standard of cleanliness and are not cleaners. If it's deemed that guests are excessively soiling the boat, the skipper will raise it and if it continues to happen, we will impose a 200 Eur cleaning fee. Damages and unforeseen costs There are a few rules that must be adhered to and it’s important we bring it to your attention before your trip to minimise the possibility of things going wrong and attracting unforeseen charges. While in a marina, you are not permitted to use your head (toilet), you should use the marina’s facilities. If you pump the head into the marina water, the skipper may be fined for this. This charge will be passed onto you. Absolutely no personal hygiene products are to be pumped through the toilet. Any blockages of marina toilets are charged to the guest at €950 per toilet blocked. It’s important to arrive at the marina at the specified time for your check in. If the boat leaves the marina late, the skipper is likely to be charged for another full day. The marina doesn’t make any allowances for late arrivals and our late departure. This charge will be passed onto you. If you make any damages to the boat or its inventory, you will cover the replacement value or the cost of repairing the damage. Changes We reserve the right to amend these terms and conditions at any time. We reserve the right to change the pricing structure of our tours. We reserve the right to change any part of the itinerary, whether we published the amends online or not.