Terms & Conditions
1. Making your booking
You can initiate a booking by email or by booking directly online on our website. You will have the option(s) to make the appropriate deposit payment by using our secure online payment system with either credit card or Pay Pal, or you can contact us with your intention to pay by bank transfer (see clause 2 below). For all bookings, the party leader must be at least 18 and must be authorized to make the booking on the basis of these terms and conditions by all persons named on the booking. After the deposit is paid in full via our secure online payment system, the full balance of the holiday must be paid by 45 days before the holiday departure date. The party leader is responsible for making all payments due to us. All correspondence will be sent to the party leader.
Once we have received your confirmation of booking by paying the part-refundable deposit of $1500 USD and all appropriate payments (see clause 2 below), we will confirm your holiday by issuing a confirmation invoice and information package. This invoice will be sent to the e-mail address registered with us at the time of booking and payment. Please check this invoice carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies in any document within ten days of our sending it out.
In order to confirm your chosen travel arrangements, a PART-REFUNDABLE deposit of $1500 USD per boat booking must be paid at the time of booking. If booking before 45 days before departure, all payments will be due in full within two weeks of booking.
If we do not receive all payments due (including any surcharge where applicable) in full and on time, we are entitled to assume that you wish to cancel your booking. In this case cancellation charges may be payable – see clause 5.
3. Your contract
When you book your holiday with us, and when you receive your receipt of payment for deposit or full payment, a legally binding contract is formed between your party and Tropical Yacht Holidays. By entering into this contract you are agreeing to all the terms and conditions laid out here and to make payment in full by the indicated due dates. Changes to these Booking Conditions or the general Information shown in our website and brochure will only be valid if agreed to by us.
4. Changes by you
Should you wish to make any changes to your confirmed holiday arrangements, you must notify us in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests. Please remember that your deposit may only be PART-REFUNDABLE. Depending on the additional changes requested, we also reserve the right to charge an additional fee for any extra services rendered.
5. Cancellation by you
Cancellation must be confirmed in writing or email and sent to Tropical Yacht Holidays by the primary booking guest (the party leader). This must be received by Tropical Yacht Holidays prior to the departure date. The date on which the Company receives written cancellation will be the date used to determine cancellation charges. If the cancellation is made 30 or less days before the departure date, the Company reserves the right to keep 50% of the charter amount, and if the cancellation is made within 10 days before the departure date, Tropical Yacht Holidays reserves the right to make no refund whatsoever.
The Company requires that all clients take out personal travel/sailing holiday insurance to cover the client for all medical, loss and cancellation. The Company will not be held liable for loss, injury, death, or damage suffered by the client. You will not be allow on board the vessel without current travel/sailing holiday insurance cover.
7. Changes and cancellation by us
We start planning the charter arrangements we offer to our guests many months in advance. Occasionally, we have to make changes to and correct errors in website and other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so.
The most common changes occur in the region of your destination. All sailing tours and trips are subject to the conditions of the weather. The safety, comfort, and enjoyment of our guests is our primary consideration and at times, changes in weather will mean sudden or significant changes in the itinerary of a given week. Such changes are executed solely at the discretion of the captain on board and we reserve the right to make them.
8. Force Majeure
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage or loss (as more fully described in clause 10(1) below) as a result of “force majeure”. In these Booking Conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
9. Our liability
(9-a) We promise to make sure that the travel arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, and delivered to you to the best of our abilities as professionals and according to industry standards of best practice. This means that we will accept responsibility if for some reason your contracted holiday with us is not provided as promised as a result of proven negligence on our behalf. However, it is your responsibility to show that such negligence existed if you wish to make a claim against us. In addition, we will only be responsible for the services promised to you by Tropical Yacht Holidays. This means use of a functional and safe sailing catamaran with qualified and knowledgeable crew to sail it as well any additional services such as a chef, provisions, etc promised to you by Tropical Yacht Holidays on the website or by email at the time of your booking.
(9-b) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever including:
- the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or
- the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or
- ‘force majeure’ as defined in clause 9 above
(9-c) Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services, restaurants, or facilities which any other supplier agrees to provide for you where the services or facilities are not advertised on our website or other media.
(9-d) As a condition of this your booking with us, we limit the maximum amount we may have to pay you for any claims you may make against us. All Guests are responsible for keeping their own property secure. Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is $500 USD per person affected unless a lower limitation applies to your claim under this clause.
(9-e) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any business losses.
10. Complaints and problems
In the unlikely event that you have any reason to complain or experience any problems with your holiday whilst away, you must immediately inform our representative or your point of contact with Tropical Yacht Holidays. Any verbal notification must be put in writing and given to our representative as soon as possible. Until we know about a problem or complaint, we cannot begin to resolve it. Most problems can be dealt with quickly. If you remain dissatisfied, however, you must write to us within 28 days of your return home, giving your personal information and the details of your complaint. Only the party leader should write to us. If you fail to follow this simple complaints procedure, your right to claim the compensation you may otherwise have been entitled to may be affected or even lost as a result.
When you book with us, you agree that you must comply with the rules and regulations applicable to the vessel. These rules are for your safety and the safety of the crew and the vessel, As such, our Captain has the full backing and authority of Tropical Yacht Holidays and the full backing and support of the directors of our parent company, Brise Tropicale Pty Ltd (ACN: 624 141 895). You accept responsibility for any damage or loss caused by you or any member of your party. Details of a current valid credit card must be supplied and will be kept securely as security for loss or damage. The details of a current valid credit card will be removed from our system upon conformation from our Captain that no loss or damage to company equipment was incurred by the charter part.
We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the travel arrangements of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the vessel or other service concerned. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of such a termination.
12. Special requests and medical issues
If you have any special request, you must advise us in writing at the time of booking. Although we will endeavour to meet the needs of any reasonable request, we regret we cannot guarantee any request will be met without specific confirmation by us. Confirmation that a special request has been made in your booking notes, invoice, or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests should be considered unavailable.
If you or any member of your party has any serious medical issues or are perhaps differently abled, then it may affect your holiday on board a boat. However, we are happy to try to accommodate anyone we can with all reasonable considerations to the safety of the vessel and its guests. Please tell us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements.
13. Excursions, activities and website information
We cannot guarantee accuracy at all times of information given in relation to any activities or excursions available in or about the resorts, areas, restaurants, villages, vendors, or locations that you may visit generally (except where this concerns the services which will form part of your contract with us) or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control. If we become aware of any material alterations to areas, information and/or any outside activities or conditions which can reasonably be expected to affect your decision to book travel arrangements with us, we will pass on this information at the time of booking.
14. Passports, visas and health requirements
Please take note of any passport or visa requirements, including expiration dates, required by any members of your party well in advance of your travel date. If you or any member of your party does not yet have a passport, our recommendation is that you should apply for one at least 6 weeks before your holiday.
Requirements may change and you must check the up to date position in good time before departure with the Embassy or consulate of the country(ies) you are travelling through and to. It is the party leader’s responsibility to ensure that all members of the party are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you or any member of your party are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. You must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel. If failure to have any necessary travel or other documents results to fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
15. Prices and Brochure Accuracy
Please note, the information and prices shown on our website or brochure may have changed by the time you come to book your travel arrangements. Whilst every effort is made to ensure the accuracy of the website/brochure and prices at the time of publication, regrettably errors do occasionally occur. You must therefore ensure you check all details of your chosen travel arrangements (including the price) with us at the time of booking.
This website is our sole responsibility. It is not issued on behalf of and does not commit any independent organisation/carriers whose services are featured in it.
16. Safety, quality standards and governing law and taxes
Please note, while we are extremely dedicated to the safety and security of our guests, crew vessel(s) and it is the requirements and standards of the country in which any services which make up your travel arrangements are provided which apply to those services and not necessarily those of your party’s home country. Tropical Yacht Holidays and our guests are subject to all laws that govern French Polynesia. Guests are subject to tourist taxes and Value Added Tax (or TVA in French). All restaurants, shops, boutiques, services, activities prices are all tax included.