BOOKING TERMS AND CONDITIONS
The Booking Terms and Conditions provided on the www.jackjenny.co website constitutes the basis of a contract with Jack & Jenny Ltd., registered office at 16 Beaufort Court, Admirals Way, Docklands, London, E14 9XL, United Kingdom.
Unless the context otherwise requires, the following expressions have the following meanings:
Jack & Jenny - "J&J", "We", "Us", "Our"
All persons included in the booking - "The Crew", "You", "Your"
The yacht charter you book with J&J - "Travel arrangement", "Sailing Week"
The owner of the yacht for your Sailing Week - "Owner"
Reading this document carefully and in full, before booking, is essential. Any contract between a customer and J&J, is deemed existing and considered valid, only after payment of the relevant due deposit for a booking, has been deposited by a customer in the so indicated bank account by J&J and is duly registered and accepted by said bank.
1. BOOKING PROCESS
Bookings of J&J holidays and services may be made either by direct contact to J&J at [email protected] or via the appropriate link(s) provided at the J&J website.
Deposits for bookings through the direct contact to J&J channel, as above, must be settled within 48 (forty-eight) hours, after said bookings have taken place (i.e. by J&J accepting and confirming said booking). Should these 48 (forty-eight) hours lapse without corresponding payment being made, the relevant booking would be cancelled and the spot date will be available for any third inquiring customers.
Bookings through the appropriate link provided at the J&J website will follow the procedure and process set in it and may and will be confirmed and fixed, only after due payment or payments have been made, as appropriate. A booking deposit, equal to the 50% of the total worth of a holiday booking, is due upon booking.
The due balance, in either forms of a booking being made (directly to J&J or via the J&J website) must be settled at least 30 (thirty) days before the due date of commencement of the holiday.
If bookings have been made within the 30 (thirty) days prior to the due commencement day of a booked holiday, relevant deposit and balance settlement payments coincide and must be both made in full and in one solidary payment.
In case of a 2 (two) or more Spot/Cabin Bookings or full Yacht(s) Booking(s), an individual may be nominated by the group of customers, which for the purposes of this booking would be deemed to constitute the members a Crew of the yacht or yachts actuating booked holiday. Such an individual would be called "the Lead Booker" and he would be the only point of contact between J&J and the Crew. The Lead Booker should make the booking, through either of the two forms (direct or website booking) and complete the appropriate chosen procedure.
The action of completing the online booking confirms that the group and the Lead Booker agree that:
- the completion of a due booking process, constitutes the one and only inquiry / application of said booking to J&J;
- that J&J will contact the Lead Booker as soon as possible to confirm the total price due under the requested booking contract, the date when instalments (deposit and full settlement) will be due and the details of the payment;
- any advertisements on the J&J website constitute an ‘invitation to treat’ in English law and
- that the Lead Booker is obliged to provide J&J with the list of Crew members, due to be embarking the boat or yacht, as well as and their full true contact details.
The Lead Booker confirms that through making a booking via the J&J website he or she has the authority to act on behalf of the Crew and that each member of the Crew has read and agreed to all relevant terms and conditions. If the Lead Booker does not comply with this condition, J&J reserves the right to cancel the booking without any refund whatsoever.
A person booking a J&J holiday must be at least 18 (eighteen) years old, at the time of booking and be authorised to make the booking, on the basis of these present Booking Conditions, for and on behalf of all persons named on the booking or of their parents or guardians of all Crew members, who are under 18 (eighteen) years of age at the time of booking.
J&J reserves the right to change the price of a holiday at any time, without prior notice, as well during the process of an enquiry intended to result to a booking, prior to such a booking be confirmed by J&J. Any such changes will be communicated to the enquiring customer at the earliest possible time.
Prices referring to a booking, do not include the associated food costs for any skipper or hostess, the services of which may be included in a booking, and the Crew is under obligation to provide at least three meals a day, at reasonable meal times, for a skipper or hostess booked.
2.1 Discount and Promotions
J&J may from time to time offer discounts or promotions and may advertise reduced pricing on selected yachts. All such discounts and any reduced pricing and/or promotional bargain-type offers are offered at J&J’s sole discretion. The reduced pricing applies strictly to new bookings, and bookings that have already been confirmed (which for these purposes shall mean bookings in respect of which payment of at least a deposit has been received by J&J) are not affected or in any way entitled to the reduced pricing. Any discounts, which may have been thus offered to customers by J&J, cannot be combined in counterbalancing other offers or discounts provided, at any time, by J&J.
At the time of a booking inquiry being submitted or made, customers will be required to provide details of their preferred payment method. Such payments can be made via Credit Card or by wire transfer. Any selected travel arrangements are not confirmed until the full amount of a settlement has been made in full, as appropriate.
J&J utilises Stripe for all online payment processing. J&J does not store, nor does it have access to, customers / inquirers credit card information, bank account numbers or other account data provided to those processing services.
J&J will be entitled to assume that a customer wish to cancel his/hers booking, if all payments due are not received in full and on time.
Cancellation charges may be applicable - see the Cancellation and Variation section.
4. CANCELLATION AND VARIATION
4.1 Variation by J&J
As J&J’s booking information is prepared well in advance, some aspects of a customer’s booking may have to change closer to the time of the booked holiday, either because of material changes, in circumstances or conditions, or in order to best correlate holiday packages. Customers who have made a booking confirmed, will be so advised and notified of any such changes at the earliest possible opportunity. If major changes of a booking, for reasons other than force majeure, are needed, customers will be notified as soon as is reasonably possible. In such a case, a customer will be entitled to either:
- accept the changes;
- make an entirely new booking; or,
- cancel the booking with all sums paid, refunded.
Customers must inform J&J of any objection to such new arrangements made by J&J, within three days of being informed of the changes. If no action is taken J&J shall be entitled to infer that customers have chosen / opted to accept said changes.
4.2 Cancellation by J&J
Although J&J strives to avoid cancellations, sometimes cancellations may be necessitated and J&J reserves the right to do so. J&J will notify customers of any cancellations, as soon as possible and customers shall have the right, prior to their due departure to:
- accept the changes;
- make an entirely new booking; or,
- cancel the booking with a refund of all sums paid.
J&J reserves the right to cancel customers’ bookings without any refund, if customers do not meet their obligations under clause 1 (about Lead Booker’s authority to act on behalf of other members of a Crew) and clause 11 (Travel Insurance).
4.2.1 Force Majeure
J&J reserves the right to cancel bookings without any refund if circumstances of Force Majeure arise, such as making a booked holiday impossible to perform upon or for reason out of J&J’s control or reasonable powers of prevention. Some examples of such situations are dangerous weather conditions, fire, natural disaster, industrial actions, war, and riots and equal.
4.3 Variation by Customer
Customers’ changes to bookings and booked parameters that customers may wish to make, are subject to J&J being able to make and cater for. All changes will be subject to availability and will be made at J&J’s discretion. Customers must notify J&J in writing of any changes to a confirmed booking, as soon as possible, being a customer’s responsibility to do so. J&J will not charge administration fees for changes of small impact, such as name changes. Cancellation of a booked hostess is considered a serious change and will invariably incur a €100 administration fee. In other cases, J&J may have to pass on any costs incurred by J&J or imposed by any of J&J suppliers to J&J, due to any such changes by customers to their confirmed bookings.
Changes of yachts or dates will be considered as cancellations and charges will be applied in accordance with clause 4.4 (Cancellation by Customer). However, in the event that a booking of a higher value is subsequently made, by a third customer and the previous yacht is resold at the original booking price, the usual cancellation fee shall not be claimed, but instead an administration fee equivalent to 10% of the original booking cost, shall be levied in its place.
4.4 Cancellation by Customer
An individual cancellation or one effected by a Lead Booker, always well before a given departure date, must be notified, as soon as possible, to J&J and only in writing, a cancellation only becoming effective if received in writing and acknowledged by J&J. Cancelling customers must follow-up their intended cancellation, by checking and confirming that their cancellation notice has been received and acknowledged so, by J&J.
Cancellation charges (as a percentage of the total booking cost) will be calculated in correlation to the number of days, prior to de departure date, J&J receives the cancellation notice and they shall apply for both Yacht and Spot/Cabin Bookings:
- From booking date to 61 days before the departure date 0% of the booked value
- From 60 to 31 days of the departure date 50% of the booked value
- Within 30 days of the departure date 100% of the booked value
The cancellation charges correlate mainly to charges levied by J&J suppliers of the yachts booked for a customer’s trip. Customers will only be refunded the money for cancelled booking, if J&J can find alternative customers who will book the yacht chartered and cancelled by the cancelling customer. J&J will take reasonable steps and do its best to accommodate and keep any cancelling customers’ losses to a minimum.
If customers have had a travel insurance policy in place, covering cancellation charges, said customers must check their individual insurance policy for relevant details.
4.5 Adding a Hostess
Adding a hostess after the final payment date will incur additional charges in line with the cost incurred by J&J. These charges may vary according to destination and supply.
5.1 Yacht Details
For full yacht/boat bookings, all the yacht specifications, data and measurements are provided by J&J. The pictures of yachts are generic, indicative and provided for general information purposes only. Differences between the yacht shown and your allocated yacht are possible. Yacht’s’ described contents do not represent or warrant the full inventory of a yacht and such contents’ lists are presented generically.
5.2 Supplier’s Terms
Customers are occasionally required to sign a separate yacht charter party agreement (“Charter Party Agreement”) with the Owner and/or Skipper of the yacht that may be chartered through J&J. Any such Charter Party Agreement will be an inseparable annex to these Booking Terms. J&J will notify customers as soon as J&J appreciates that a customer needs to enter into a separate Charter Party Agreement.
5.3 Bareboat Yacht Charters
For full yacht/boat bookings, bookers wishing to skipper their own boat, will be notified by J&J, as soon as J&J is advised that it is required to enter into a separate Charter Party Agreement. This contract will be received at the site of departure. J&J recommends that customers contact J&J or the charter company prior to their trip and request to view their terms and conditions. Customers will normally be granted free use of the bareboat yacht after customers have signed the Charter Party Agreement with the charter company. Customers have the right to inspect the bareboat yacht, her gear and inventory and to ensure that all items are present and in good working condition. After signing the Charter Party Agreement customers accept the yacht and thereafter it becomes the customers’ full responsibility, and customers will have no right to claim for any loss of time or expense caused by any accident or breakdown or failure of any part of the bareboat yacht.
Such acceptance does not imply that customer assume responsibility for any failure, damage, loss or expense due to normal wear and tear or defects, which are agreed and noted on the Charter Party Agreement.
5.3.1 Competence to Rent a Yacht Without a Skipper
Customer will need previous skipper experience, a nautical education certificate and a VHF license. Skippers will also be required to submit a sailing résumé that is subject to approval by J&J. The necessary documentation must be readily available on embarkation. If this is not forthcoming or if the yachting charter company feels that the safety of the yacht and party is not assured, the charter company reserves the right to cancel the voyage and prevent the departure of the yacht. In this case, J&J can and will not be liable for cancellation consequences, even though it will use its best endeavours to find a suitable skipper, which the customer will have to pay for.
5.3.2 Delay in Re-Delivery
If a customer makes a late return of the yacht at the end of the charter, the customer will be liable to pay a penalty charge, and will be liable for all recovery costs. The cruising area from each base may be restricted. The base manager will inform customer of any restrictions, and may further confine the cruising area of the bareboat yacht or place a competent crew on-board if considered necessary for the safety of the yacht and its occupants.
5.4 Yacht Deposit
Upon arrival, the yacht charter company may require a deposit to cover additional cleaning, loss, or damage caused to the boat. This will be refunded (less any sums deducted) at the end of your trip and payment can usually be made by credit or debit card, although some yacht charter companies accept cash only. This arrangement shall be strictly between customer and the charter company. J&J cannot accept liability for the return or loss of such monies.
At check-in customers may be required to sign the charter company’s terms (Charter Party Agreement).
J&J makes no representation regarding any vessel’s seaworthiness or the state of any ancillary equipment. Such representations may only be made by the supplier of the vessel or equipment.
5.5 Check-in/out Times
Usually, the charters commence between 5pm - 7pm on Saturday, ending at 10am the following Saturday.
6. EXCURSIONS & ACTIVITIES
J&J is not able to guarantee 100% accuracy with regard to information J&J provide concerning excursions and activities in the area customers are visiting which do not form part of customer’s contract with J&J. With regard to excursions and activities which are not part of a contract with J&J, but which are considered important to your holiday experience, please write to J&J and J&J will strive to keep customers abreast of the latest situation, bearing in mind these services / activities are not under J&J control.
7. RIGHT TO USE PHOTOS AND VIDEOS
Please note J&J uses real people on real sailing holidays for any images J&J may have on J&J brochures, advertising materials, promotional materials and general publicity. If a photographer or another employee is taking photographs or video and you have an objection to these being used by J&J in this manner, please make your objection known at the time.
Customers’ booking do not include transport to and from ones’ home country, transfers between the airport and the marina or any other type of transport. When applicable J&J will contact customers via mail for optional extra transfers.
9. PASSPORTS AND VISAS
It is customers’ responsibility to make sure that they carry the correct identification, visas and passports. A Lead Booker understands and accepts that it is his/hers responsibility to ensure that the entire Crew will be able to obtain, and will be in possession of, all necessary travel documents/visas and adequate travel insurance in advance of travel. Neither J&J nor the Owner accept any liability whatsoever in the event that of any of the members of a Crew is refused entry onto any transport or into any country due to failure on your/their part to carry correct documentation.
Regarding flights, we are not liable for any incidence that may occur and interfere with booking with J&J and J&J will not refund sums paid in lieu to bookings with J&J, for any missed/cancelled flights. Any arrangements or compensation in the event of a delay or cancellation will be at the sole discretion of the airline you booked with or your personal travel insurer.
11. TRAVEL INSURANCE
J&J does not offer or supply travel insurance of any kind, and it is a customer’s sole responsibility to ensure that he/her and/or the entire Crew have taken-out adequate travel insurance for the relevant booking. Customers should make sure that their insurance policy covers adventurous activities, such as sailing (climbing or water-sports when it applies). Neither J&J nor the Owner accept any liability whatsoever in the event that any of the Crew members, Lead Booker included, sustain any loss or damage as a result of not having in place adequate travel insurance for their Booking. J&J accepts no liability to those who travel without travel insurance in breach of this clause.
12. CUSTOMERS’ BEHAVIOUR
A responsible level of behaviour and consideration is expected whilst customers are on board our boats/yachts and customers must comply with the boats/yachts rules and regulations. Customers will be liable for any damage or loss caused by them or by persons in their party, whilst on board. If customers or any persons in customers’ party are deemed to be, in J&J’s reasonable opinion, behaving in a manner which is likely to cause danger or distress to any third party or property, J&J is entitled to terminate the agreement with the person(s) involved without notice or refund. J&J also have the right to remove the person(s) involved from the vessel and have no further responsibilities towards the so removed person(s).
13. AFTER YOUR HOLIDAY
Customers will be invited to complete a review for the yacht and the skipper that they used during their trip. J&J uses customers’ reviews to improve the service and yachts offered. The reviews completed by customers may be made available to other customers to help them choose which yacht is most suitable for them.
Occasionally J&J may send to its customers an email of our newsletter with details of new destinations, holiday ideas and suggestions which J&J offers. Customers can remove themselves from this list by simply clicking on the appropriate link at the bottom of the email.
J&J will always aim to provide its customers with the best holiday possible, but if a problem occurs customers shall report it to J&J as soon as possible or to the charter company manager or skipper who will try to resolve it on the spot. Failure to adhere to the above will be depriving J&J of the opportunity to investigate and rectify customers’ complaints, whilst customers are still on their holiday and this may result in customers’ claim for compensation being lost.
15. DATA PROTECTION
J&J will use customers’ personal data for the purpose of administration, statistical analysis, assessment and analysis, marketing, host mailing, customer services, customer profiling, analysing your purchasing preferences, and improving services. J&J may disclose such information to its service providers and agents for these purposes and only. Customers have a right to request a copy of the personal data J&J holds on them, and to correct any inaccuracies in the relevant information.
J&J will fulfill its contractual obligations with its customers using reasonable skill and care. Unless J&J breaches the booking contract, this holiday is at the customer’s own risk. Customers will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred as a result of customers’ breach or default in the discharge of their obligations. J&J will not be liable to anyone in any way for any damages, loss, expense, injury, illness or death if a claim resulted from:
- any act, omission or failure by any third party;
- any act, omission or failure by any employee(s), if they were not acting in the course of their employment carrying out the duties they were contracted to do with J&J;
- any incorrect information supplied by you or a party on your booking form;
- any of J&J emails being blocked by web filters or firewalls;
- any act, omission or failure by any of J&J supplier(s);
- any act, omission or failure of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable;
- any act which may result in 'Force Majeure'
Our maximum liability for any successful claim will not exceed the price of your holiday, less any insurance claim.
17. APPLICABLE LAW
These Booking Terms and Conditions are subject to the laws of England and Wales and both customers and J&J submit to the exclusive jurisdiction of the English courts in relation to any dispute or claim arising out of or in connection with these Booking Terms and Conditions.