MFS Leisure Limited Terms and Booking Conditions

These booking conditions will form part of your contract with MFS Leisure Limited (registered office: Portmill House, Portmill Lane, Hitchin, Hertfordshire, SG4 1DJ) for all the arrangements you book with us.

Deposits and Payments

The lead person on the booking will be responsible for the full cost of the charter, including any amendment or cancellation charges.

We will require a deposit equivalent to 50% of the value of the charter, unless otherwise advised, before we can confirm your booking.

Payment of the deposit means you have accepted our quotation and you guarantee that you have the authority to accept on behalf of your party the terms of these booking conditions. We will send you a confirmation invoice with the costs and details of your charter and it is at this point that a contract comes into existence between us. It is your responsibility to check the details on the confirmation invoice and to inform us of any discrepancies immediately.

The balance of your charter must be paid at least 60 days before your departure date. If the balance is not paid on time we may cancel your charter and apply the cancellation charges set out in the paragraph headed “Alteration or Cancellation by you” below. Deposits are non-refundable unless we are unable to confirm your original booking request.

Prices

We reserve the right to amend our prices at any time prior to booking. However, once you have accepted our written confirmation the price of the charter will not alter unless we are required by law to charge a government tax or levy introduced after your booking is made. This does not apply to invoice errors or omissions.

Alteration or Cancellation by You

If you wish to make any alterations to your charter we will make every effort to accommodate these but they may be subject to a sum of £20 to cover our administrative costs. Requests for amendments must be made in writing by the lead person on the booking.

You may cancel your arrangements at any time provided that the cancellation is made by the lead person on the booking and is communicated to us in writing. The cancellation charges as shown below will apply from the date the written cancellation request is received by us:

More than 60 days from the start of your charter – Full deposit
Less than 60 days from the start of your charter - 100% of the cost of your holiday

If the reason for cancellation is covered under the terms of an insurance policy, you may be able to reclaim these charges.

The charter contract is based on a charge per yacht and not per person. Therefore, when one or more in a group sharing the yacht cancel and the remainder of the group decide to continue with the charter, then the remaining members of the party will be obliged to take on the share of the yacht costs borne by those cancelling.

Transfer of Bookings

You may change your booking to 60 days before departure by transferring it to another person if you are unavoidably prevented from travelling. The right to transfer may be subject to payment of an administration fee of £20 per person.

Special Requests

We will endeavour to meet any special requests (e.g. dietary). Please confirm your request in writing to avoid any confusion.

Children

Children under the age of 10 can not be accommodated unless by prior agreement. Children older than 10 are welcome but must be under the supervision of an adult member of the party at all times.

Information Accuracy

All information on the website has been checked with a view to ensuring its accuracy. We reserve the right to change any of the details featured, although we will tell you of any relevant changes before we accept your booking. Certain pictures in the brochure and on the web site may be of sister ships and are not contractually binding.

Alteration or Cancellation by us

It is unlikely that we will have to make any changes to your booking after it has been confirmed. However, occasionally some changes have to be made.

If there is a minor change before you depart we will endeavour to inform you before you leave. No compensation is payable for minor changes. An example of a minor change is a change to port of embarkation or disembarkation, or the unavailability of water sports equipment.

If there is a major change before you depart we will notify you as soon as practicable and offer you the opportunity to cancel and receive a full refund. In all cases our liability is limited to the amount of payment received by us. We cannot accept responsibility, or pay compensation, where we have to cancel a charter due to Force Majeure (war, threat of war, riot, civil disobedience or strife, industrial dispute, terrorist activity, national or industrial disaster, fire, technical or maintenance problems with the yacht, adverse weather, or any unforeseen or unavoidable event beyond our control). In the event of your yacht not being available when you arrive for reasons beyond our control (e.g. damage on a previous charter, illness of crew) we reserve the right to substitute a similar yacht, or if such a yacht is not available, to provide accommodation until such a yacht becomes available.

Yacht Insurance

The yacht and yacht inventory are insured under a marine insurance policy against loss, damage and third party indemnity. You are expected to take reasonable care but your liability in the event of loss or damage to the yacht is limited to the amount specified in the charter contract unless such damage was caused by your negligence or wilful damage. The yacht insurance does not include personal travel insurance which should be taken out by all members of the charter group.

Our Responsibility

We accept responsibility for the proven acts or omissions of our staff and suppliers whilst acting within the scope of their duties, except where attributable to any member of the charter group, an unconnected third party, or an event which we could not, with due care, have reasonably foreseen. Except in the case of death or personal injury any compensation shall be limited to the amount of payment received by us.

It is a condition precedent of such acceptance of liability that you follow the procedures for the notification of complaints set out in the clause below.

Complaints

If you have a problem during your charter, please inform the yacht skipper immediately so that he can endeavour to put things right. If the problem cannot be resolved, you must contact our office immediately by telephone or by email so that we are given an opportunity to help. In the unlikely event that the complaint cannot be resolved at the time, you should write to us within 14 days of returning home, giving all relevant information. If you fail to take any of these steps this will hinder our ability to put the problem right and/or investigate it fully and any right you have to receive compensation will be reduced or completely extinguished.

Use of the Vessel

The yacht may only be used for pleasure purposes. This specifically excludes commercial or professional fishing, regattas or transportation of any cargoes, dangerous of otherwise for which the yacht is not intended.

Water Sports

The use of any water sports equipment carried by the yacht is entirely at the client’s own risk. Unless specified to the contrary, no teaching or expert assistance will be provided.

Client Behaviour

For your safety, the skipper will remain in charge of the chartered yacht and yacht tender at all times and has ultimate discretion over your itinerary. We reserve the right in our absolute discretion to terminate your charter if your behaviour is likely, in our opinion or that of our employees, to cause distress, damage, annoyance or danger to our employees or to any third party, or their property. If you are prevented from travelling for this reason, we have no further responsibility for your charter, including any arrangements for your return home. We will impose full cancellation charges and will not give any refunds. Furthermore, we will be under no obligation whatsoever to pay you compensation or cover any costs you may incur as a result of having to make alternative arrangements.

Data Protection Policy

In order to process your booking and to ensure that your charter runs smoothly and meets your requirements, we need to use the information that you provide us with. We may use your information to send you details of our offers and brochures in the future. If you do not wish to receive such approaches, you must advise us in writing.

Your Charter Contract

These booking conditions form part of your contract with us. The contract and any matters arising from it are governed by English law and are subject to the jurisdiction of the courts of England and Wales.