TotalYachts.com  
 

Terms of Supply of Services

 
These terms set out the terms between you and us under which you may use of our website www.totalyachts.com to charter yachts from third parties suppliers. These terms apply to all users of, and visitors to, our site.

INFORMATION ABOUT US

www.totalyachts.com is a site operated by DANNOW LTD ("We"). We are registered in Scotland under company number SC265683 and have our registered office and our main trading address at Forsyth House, Lomond Court, Castle Business Park, Stirling, FK9 4TU. Our VAT number is GB836568000.

TERMS

1. We provide the means for you to charter yachts from third parties. We do this by providing you with the details of yachts that are available for charter. If you select a yacht package on our site, then we will confirm with the relevant third party yacht charter operator, charterer, boat owner or other third party supplier (the “Supplier”) whether such a package is still available. If the Supplier indicates to us that the package is still available, then we will send you a “Charter Availability Document”, which will provide you with various details, such as the identity of the Supplier and typically the amount of the holding deposit and other applicable costs / fees. All queries are subject to availability and we cannot guarantee that all of your requirements will be met.

2. If you decide to proceed with a yacht charter through us then the resulting contract will be between you and the Supplier.

3. There will be no contract between you and us for the charter of the yachts from the Supplier. This is because we are merely a disclosed agent of the Supplier. These terms set out the basis of this agency relationship.

4. Our services are limited to providing you with information about the yachts that are available for charter and for enabling you to charter a yacht from the Supplier.

5. You do not pay us direct, as we receive a commission from the Suppliers. However, you should be aware that the price you pay, in nearly all cases, will be the same as if you went to the Suppliers direct.

6. In many cases, there may be additional terms and conditions governing the contract for charter of the yacht. This is because each Supplier may have its own personalised terms and conditions. Again, any such terms and conditions will constitute a contract between you and the Supplier, not us.

7. You are required to read carefully any and all terms and conditions relating to your yacht charter that are made available to you before completing the reservation of your yacht charter.

8. As we are only an agent of the Supplier, we shall have no liability to you whatsoever in respect of any charter you conclude with the Supplier. We shall only be liable to you if we have been in breach of these terms of supply of services, have been negligent and/or made misrepresentations to you.

9. If you choose to proceed to book a yacht charter with a Supplier, then we will typically issue you with an invoice. This invoice will normally be issued at the same time as the Charter Availability Document. The invoice will usually set out what sum needs to be paid in advance and what sums can be paid nearer to the actual time of charter.

10. Where we request payments to be made in advance, we will pass this money onto the Suppliers promptly.

11.Payment conditions
The charter fee includes charter of a yacht with equipment and various standard items and full insurance for the yacht and crew during the charter period, as indicated in charter contract between parties. Port duties, local taxes, when out of base marina, fuel, skipper, hostess, transit log, final cleaning and other extra services if any, are not included in the charter fee.
The chartered yacht with equipment is ready for use, i.e. charter, when payment of agreed amounts is done via following payment conditions:
  • 30% or 50% of the charter fee upon signature of contract between parties involved
  • Final or remaining amount of charter fee received within minimum four weeks prior to commencement of the charter
  • Credit card fees may apply
We reserve the right to rent the yacht to a third party before receiving your signed charter confirmation or if payments are not made in due time.

12. Upon payment of the holding deposit, we will send you all necessary instructions and/or documents that we consider necessary for your yacht charter.

13. In many cases, the contract between you and the Supplier will not enable you to cancel your yacht reservation and receive back any or all of your money back, especially if the cancellation is at late notice and/or your yacht cannot be re-chartered. In order to reduce your risk in this respect, we suggest you purchase appropriate travel insurance. Furthermore, following a cancellation by you there may be charges imposed on you by the Supplier. We reserve the right to charge a nominal fee to cover our administration expenses. Also, If the Charterer for any reason is not able to proceed with the yacht, no refund will be given on the deposit fee and full charter fee if cancellation given with less than 30days notice. Cancellations for on compassionate grounds will be given a full refund.

14. We unreservedly reserve the right to charge the client for any additional costs incurred through last minute changes made by the client after a reservation has been made

15. If you make any special requests that go beyond the normal services offered, we will endeavour to work with the Suppliers to facilitate any such requests made by you. However, we do not and cannot guarantee that any such requests will be able to be met. Therefore, we do not accept any liability for the failure to meet such a special requests.

16. You are responsible for ensuring that any information you provide to us is correct and for informing us if any such details change (for example, your contact details). We do not accept any liability for problems incurred by sending you any documents or information to a wrong address after having received erroneous details from you.

17. By making a reservation through our site, you confirm that you are 18 years old or over and have legal capacity to enter into such a transaction.

18. It is your responsibility to ensure that:

i. there is suitable travel insurance in place for all members of your yacht party; and
ii. all members of your yacht party have valid passports, visas and/or have had vaccinations necessary to enter the territory of any country you visit.

19. We will send you all relevant travel documentation in good time before you sail. You are responsible for informing us if you have not received these documents. You are also responsible for checking the details in your travel documentation and letting us know promptly if there are any inaccuracies. It is your obligation to mitigate any loss caused by any such errors, by informing us as soon as possible of your concerns.

20. We do not accept any liability for travel documents not being received, where non-receipt was not due to our fault or negligence.

21. We use bespoke software to generate prices and other details of the yacht charters available for hire. Very occasionally obvious errors may occur, for example, when the price of a yacht may be too low. In such a situations, we reserve the right to refuse to perform such a contract or to cancel or amend such a contract. Such amendment or cancellation by us can be made without us attracting any liability to you.