Terms
and conditions

BOOKING TERMS AND CONDITIONS

 

Thank you for booking your trip with us ☺ and congratulations, you have a place on a racing boat which does a lot of “racing miles”.

 

Yacht Polished Manx is a fine example of Beneteau First 40.7 – cruiser/racer. These boats were built in two versions – cruising and racing. Polished Manx is the racing one – that means that we have taller mast - 3 spreaders -  and deeper keel – 2.4m

 

Please read these booking terms and conditions carefully; they form an important part of the contract for your charter package.

 

All charter packages advertised are operated by “Polished Manx Yacht Services, Isle of Man”, company registered in Douglas Isle of Man – registration number:  026280 B

 

All references to “Polished Manx Yacht Services ”, "the Company", "we", "us" or "our" is a reference to “Polished Manx Yacht Services, as well as the named yacht or substitute yacht, including its skipper and crew.

 

The payment of your initial deposit and the acceptance of your signature to these Terms and Conditions (this "Agreement" or these "Terms and Conditions") by us creates a contractual relationship between the Company and you, the lead charterer or passenger of the yacht provided by the Company (for and on behalf of the other passengers of the yacht, hereinafter referred to as "you", the "Charterer" or the "Passenger"). Please read the following information carefully.

 

In order for your booking to be completed, you must indicate your acceptance of this Agreement by completing on line application: http://polishedmanx.net/apply/

 

1. Itineraries Dates and it intermarries that we provide are indicative only and subject to change.

 

2. How to Book

2.1

To make a booking you can contact us either directly using our website:  

 

The person making the booking (the "Lead Charterer") must be18 years old or over and possess the legal capacity and authority to make the booking and accepts these booking conditions on behalf of every one in their party. Whether you book alone or as a group, we will only deal with the Lead Charterer in all subsequent correspondence, including changes, amendments and cancellations.

 

The Lead Charterer is responsible for ensuring the accuracy of the personal details or any other information supplied in respect of all Passengers and for passing on any information regarding the booking or any changes made in relation thereto to all Passengers, including but not limited to information on schedule changes or copies of booking confirmations.

Unaccompanied Passengers under the age of 18 years need a letter of consent to travel alone from a parent or legal guardian. The minimum age for an unaccompanied Passenger is 18 years of age on the date of departure.

 

2.2

DEPOSITS & PAYMENT SCHEDULES UPON BOOKING PRIOR TO CHARTER START DATE OR ARRIVAL

 

50% at the time of booking and final 50% one week before the charter commences.

 

2.3

If we accept your booking, we will issue a Booking Confirmation Invoice. When you receive the Booking Confirmation Invoice please check the details carefully and inform us immediately if anything is incorrect. Names on travel documents must exactly match those in the Passenger's passport. Travel documents will be emailed to you (to the address given to us by the Lead Charterer at the time of booking) after initial deposit is made.

It is essential that you ascertain whether or not you can obtain relevant visas and inoculations before making your booking. We cannot accept any liability for tickets lost in the mail. Travel Documents may be in paper or email form.

 

2.6

Your personal safety is of paramount importance to us and therefore it is imperative that you advise us at the time of booking of any condition, medical or otherwise, that might affect your or other Passenger’s enjoyment of the charter.

 

2.8

To pay your final balance, amend your booking or discuss any other aspect of your charter package booked directly with us, please contact us using e-mail: kuba@manx.net

 

3. Prices and Surcharging

3.1

All prices we advertise are accurate as of the date publication, but we reserve the right to change any of those prices from time to time. Prices include a cost for fuel that was estimated at the date of publication. Prices are updated regularly. All price quotations are provisional until confirmed in writing on your Booking Confirmation Invoice. Before you make a booking we will give you the up – to - date price of your chosen charter package.

 

4. If You Change or Cancel Your Holiday

4.1

YOUR RIGHT TO A REFUND IS LIMITED

Cancellation/refund requests must be in writing and cannot be made verbally. Please send your e-mail to kuba@manx.net

 

Cancelled reservations may be reinstated at then current rates, subject to availability, current package inclusions, and reinstatement fees.

We will endeavour to return your deposit in full providing we have been notified of your cancelation by e-mail.

 

We strongly recommend you take out insurance that includes coverage against irrecoverable cancellation costs

 

5. If We Change or Cancel Your Holiday

5.1

The arrangements for your charter are made many months in advance and it is inevitable that changes will sometimes become necessary. We reserve the right to make such changes if they do become necessary.

Most of these changes will be minor and we will advise you of them as soon as possible. If major changes that might affect the overall standard of your charter are made after your booking (such as, for example, a delay in delivery of the yacht of more than 24 hours), you will be notified as soon as reasonably possible. Should you not be able to accept these changes we will refund your deposit in full.

 

5.2

We also reserve the right to recall the yacht due to unexpected circumstances (e.g. severe weather conditions etc.) in which case we will refund you in full.

 

Notwithstanding the foregoing, the full refund will be paid if your charter is cancelled due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not be avoided even if all due care head been exercised; such as (by way of example and not by way of limitation) war, riots, civil disturbances, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions, acts of God, unforeseeable technical problems with transport for reasons beyond our control or that of our suppliers, closed or congested ports, hurricanes and other actual or potential adverse weather conditions, flood, epidemics, health risks or pandemics or any other similar events or unforeseen circumstances that may amount to force majeure.

 

5.3

We strongly recommend that you do not make travel arrangements to your point of departure or make any connecting travel that is non - refundable or non - changeable or incurs penalties or costs in respect of visas or vaccinations until such time as your travel itinerary has been confirmed on your departure documents. If you make such arrangements which you are then unable to use due to a change in your itinerary we shall not be liable to you for the cost of those arrangements.

 

5.4

We reserve the right to refuse to accept a Passenger or remove a Passenger from a charter if that Passenger violates any law,  or, in our sole discretion, is disruptive to others, or constitutes a danger to himself/herself or others. In the event the Passenger is so removed or his/her participation terminated, and any/all expenses from being removed or terminated, which include but are not limited to hotel accommodations and a return flight, are the responsibility of the removed passenger. The removed Passenger will not receive any refund for the remaining portion of the charter. If the skipper of a yacht or any of our marina staff or agents, in his/her reasonable discretion, believes that a passenger is disruptive or that he/she is suffering from a contagious disease, they can also refuse to let such passenger proceed with the charter, disembark the Passenger from a boat or aircraft, or remove the Passenger from an accommodation or excursion/activity

 

6. Our Liability, Conditions of Carriage and Limitations

 

6.1

Neither the Company, its affiliates, owners, officers, agents, or employees, shall be held liable for any act, default, injury (including death), loss, expense, damage, deviation, delay, curtailment or inconvenience caused to or suffered by any person or their property, howsoever arising, which may occur or be incurred by any organization or person, where such act, default, injury, loss, expense, damage, deviation, delay, curtailment or inconvenience may have been caused or contributed to by defects or failures of any aircraft, vessel, automotive vehicle or other equipment or instrumentality under the control of independent suppliers.

 

6.2

You understand and acknowledge that your travel on the yacht may involve risk and potential exposure to injury. You also realize and acknowledge that risk and dangers may be caused by the negligence or participation of other passengers. You also recognize and acknowledge that risk and dangers may arise from foreseeable and unforeseeable causes, including weather and other acts of nature. You fully understand and acknowledge that the aforementioned risks, dangers and hazards are a potential in connection with recreational activities which may take place during the charter of the yacht, and that you are willingly and knowingly electing to sail on the yacht in spite of such potential risk of danger.

 

6.3

In recognition of the inherent risk of the travels and related activities in which you are intending to engage, you confirm that you are physically and mentally capable of sailing on the yacht, and you willingly and voluntarily assume full responsibility for any injury, loss or damage caused by you. It is your responsibility and obligation to inform the Company, at the time your booking is made, of any medical or physical disability or limitation that might disable you or render you unable to perform or safely sail on the yacht. Your failure to do so will release us from any liability for loss, damages or other compensation arising from or related in any way to such disability or condition. You further acknowledge that you are the best judge of your own conditions and limitations and that it is incumbent upon you to fully disclose the full extent of any such conditions or limitations to the Company

 

6.3

The Company agrees to insure and keep insured the yacht against public liability and marine public liability to such an extent as the Company in its absolute sole discretion shall deem appropriate. Such insurance policy does not cover loss of life (except that caused through the negligence of the Company), or damage to or loss of property of any person on board against which you must insure prior to the charter. Advice about such insurance is available from the Company on request.

 

10. Visa, Health, Passport, Travel Documentation

10.1

You are responsible for ensuring that that you possess all the necessary documentation including passports and visas for your holiday. For all destinations, you should consult the appropriate consulate. All Passengers must have a valid passport for international travel. Many countries require passports to be valid for six (6) months beyond your stay. Visa and entry permits are required for many countries. Passports, visas and re-entry permits are the responsibility and cost of the Passenger. We recommend that you check travel advisories and health and medical information, for your destinations.

 

WE CANNOT ACCEPT RESPONSIBILITY FOR ANY FAILURE BY A PASSENGER TO COMPLY WITH ANY TRAVEL DOCUMENTATION OR INOCULATION REQUIREMENTS OR ANY COSTS OR FINES BEING INCURRED BY SUCH PASSENGER IN CONNECTION THEREWITH. PASSENGERS WHO ARE DENIED ENTRY FOR IMPROPER DOCUMENTATION/FAILURE TO PROVIDE REQUIRED INFORMATION OR FAILURE TO COMPLY WITH MANDATORY HEALTH

REQUIREMENTS RECEIVE NO REFUND

.

11. Law & Jurisdiction

 

Any controversy or claim arising out of or relating to this Agreement, whether brought in rem or in personam, including without limitation any claim related to bodily injury, property damage or death, shall be settled by binding arbitration in the Isle of Man