Yacht gopher ltd - Terms and Conditions
- Yacht Gopher Ltd is a limited liability company registered in the UK with company number 09043820 at 40 Whitefield Road, Whitecliff, Poole, Dorset, BH14 8DD. The company director is Tamsin Seabright. For the avoidance of doubt this contract is between you and Yacht Gopher Ltd and NOT directors personally.
- Yacht Gopher Ltd are specialists in providing worldwide bespoke race logistics and regatta support solutions to Grand Prix race yacht and superyacht owners, teams and crews. Yacht Gopher Limited is licensed by the CAA to provide travel solutions.
- We provide full financial protection for our package services. For flight-based services this is through our Air Travel Organiser’s Licence (ATOL) number 10926. When you buy an ATOL protected flight or flight inclusive service from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you, and who to contact if things go wrong. We will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where we aren’t able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations, and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
- If we are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
- A binding contract exists between the client and Yacht Gopher once Yacht Gopher have confirmed the services requested: this may be done verbally or by letter or email. Should you wish to cancel the booking, then providing written notice of such cancellation is received prior to 28 days before the start date of the assignment, no penalty will be payable. However, should you cancel within 28 days before the assignment commences, then a cancellation fee of 100% of the total agreed fee will be payable in relation to services provided at a day rate. In any case, the cost of any travel / services booked by Yacht Gopher for the assignment / service must still be reimbursed no matter when the cancellation takes place. Yacht Gopher will however endeavour to obtain refunds for you from any third parties (eg hotels) wherever possible.
- Yacht Gopher reserves the right to cancel this assignment up to 28 days prior to the start of the assignment after giving you notice in writing. In this case you will receive all of your money back that you have pre-paid in respect of this assignment and there will be no liability for the outstanding balance. Yacht Gopher Limited will be under no further liability to you in the event of such cancellation.
- If any event, regatta, race or boat show is cancelled (or dates change) at any time for any reason, Yacht Gopher cannot accept liability or pay compensation. Any associated costs for date changes or cancellation fees (including money owed to third parties) must be paid by the Client. Whilst Yacht Gopher will endeavour to obtain a refund for you from third parties (eg hotels, airlines), this cannot be guaranteed.
- The fee for the assignment will be as negotiated, and confirmed in a verbal or written quotation, depending on the working relationship with the Client and the time scale involved. Where a fee is quoted as a per day fee it is a flat fee covering all work undertaken during that day. During the contracted working day, the Yacht Gopher representative will work for a maximum of 10 hours and be on call for a maximum of 16 hours per day. The allocation of hours during the day is flexible, but the client should be reasonable and allow regular rest periods, including one rest period of at least 8 hours per day taken during the night where the Yacht Gopher Limited representative is not on call or working - this is particularly important where the service involves operating machinery or driving vehicles or boats.
- Yacht Gopher Limited may quote in a currency other than sterling. However, the final payment is due in sterling and will be translated at the rate provided to us by our bank. It may therefore differ from the rate quoted by the bank initially.
- Where Yacht Gopher Limited has agreed an ongoing relationship charged in the way of a monthly fee, then this fee will be subject to specific conditions relating to the amount of hours/ days work included in said fee. Please refer to the written confirmation for details. Such fees should be paid promptly and preferably by BACS into the Yacht Gopher Limited bank account when due.
- Where Yacht Gopher Limited are providing an office based solution to a client, then the agreed charge (be it hourly, daily, monthly or annual) will include all office based expenses, rent, electricity, heating, phone, internet, stationery, and office hardware, but does not include items specific to the job in question, for example postage and courier services. Where Yacht Gopher Limited representatives are required to leave the office to carry out a task, then travel may be charged to you for that is directly related to that task. All travel expenses are charged at cost except for own car use: that is charged at rates per mile as advised by Her Majesty’s Revenue & Customs (HMRC).
- Where Yacht Gopher Limited has been specifically contracted to perform a task away from the Yacht Gopher office, the Client will be responsible for all the travel, accommodation, food and other expenses for the Yacht Gopher representatives during the assignment. These fees will be charged on to the client at cost in the final invoice. Should the client’s requirements change during the assignment then Yacht Gopher will do their best to accommodate these changes, but cannot guarantee their availability. If said changes are agreed and this results in flights, accommodation or other travel arrangements being changed or lost and new flights and other travel arrangements being made, then the total cost of such changes will be invoiced to the client and should be paid when due. This includes changes that are required due to circumstances beyond Yacht Gopher’s control such as flight delays and cancellations, bad weather etc.
- Where Yacht Gopher are required to rent cars or vans or any type of boat, eg RIBs or tenders, for use during an assignment then the client agrees to be responsible for all costs relating to this rental including the rental fee and surcharges, extra insurance, fuel, marina berths, parking, tolls and any damage to the rented vehicle or other vehicles, boats or property howsoever caused.
- You agree to insure the yacht and its equipment (including tenders, RIBs etc) for all the activities that are being carried out by the Yacht Gopher representative, these shall include but not be limited to fully insuring the rental cars and vans which will be driven by the Yacht Gopher representative, and insuring all equipment that is being carried within. The client agrees to not hold Yacht Gopher Limited and their representatives liable for loss or damage to equipment being transported by them in cars or vans owned or rented by the owner, however the loss occurred.
- The client agrees to insure all persons being conveyed by Yacht Gopher and its representatives: this shall include but not be limited to fully insuring the rental cars and vans which will be driven by the Yacht Gopher representative, and insuring all persons being carried within. The client agrees to not hold Yacht Gopher and their representatives liable for any claims resulting from the injury or death of persons being transported by them in cars or vans owned or rented by the client, however the loss occurred.
- The client expressly grants Yacht Gopher permission to enter into legally binding agreements and contracts on his / her behalf, where these contracts are necessary to carry out Yacht Gopher's role as contracted by the client for this assignment. These agreements shall include, but not be limited to; accommodation for crew and guests being rented, vans and cars being rented, flights being booked for crew and guests, marina berths, tenders and other vessels being rented and regatta entries. The client agrees to be legally bound by all such agreements made on his / her behalf, whether the contract for rental requires his / her signature at a later date or not.
- Where Yacht Gopher Limited are required to purchase equipment or services on behalf of the client they shall be treated in one of two ways. If the purchase is made by Yacht Gopher Limited using their funds through the Yacht Gopher business and then invoiced on to the client at a later date, then Yacht Gopher Limited reserve the right to add a commission of up to 15% on top of the total cost price of the goods or service being purchased. VAT may also be charged where relevant. If the purchase is being made using the client’s funds either being paid direct or by using a credit card or bank account supplied by the client, then the cost of such goods and services will NOT be subject to the addition of a commission.
- If the client has provided Yacht Gopher with a credit card or bank account, then Yacht Gopher commit to use this card only for expenses directly relating to the assignment and/or yacht in question. Yacht Gopher will provide a list of charges they have made to the card / account and attach receipts and invoices for each transaction to the invoice. Yacht Gopher will send this to the client no later than the end of the month following the month being accounted for. If there are any charges made to the card / account mistakenly, then Yacht Gopher will reimburse the client the amounts in question without delay. Any disputes over transactions made shall be made to Yacht Gopher in writing and will be looked into thoroughly. The client agrees to not hold Yacht Gopher liable for any costs, losses and expenses associated with fraudulent transactions on the card / account, provided Yacht Gopher has exercised a reasonable amount of care in protecting the card from fraudulent use and was not in any way acting fraudulently.
- Where Yacht Gopher has made a purchase of a product or service on behalf of the client, whether through their own bank account or on the client’s credit card or bank account and that product or service ceases to be available through no fault of Yacht Gopher, including but not limited to a hotel or airline ceasing to trade, then the client is responsible for paying in full for any replacement products or services, and agrees to not hold Yacht Gopher liable for any claims for compensation resulting from such failed bookings.
- Yacht Gopher Limited provide medical and travel insurance for their representatives while travelling and while abroad, which includes repatriation should they suffer injury, illness or death during an assignment. However, if injury or death arises in the course of their work as a direct consequence of the client’s negligence or the negligence of a representative or agent of the client, then the client shall be responsible for medical costs, repatriation and compensation to the Yacht Gopher representative.
- Unless we are authorised by you to disclose information on your behalf, we confirm that where you give us confidential information we shall at all times during and after this engagement keep it confidential, except as required by law, by our insurers or as provided for in a regulatory, ethical, or other professional capacity. This undertaking will apply during and after this engagement. In addition, if we act for other clients whose interests are or may be adverse to yours, we will manage the conflict by implementing additional safeguards to preserve confidentiality. Safeguards may include measures such as separate teams, physical separation of teams, and separate arrangements for storage of and access to information. You agree that the effective implementation of such steps or safeguards as described above will provide adequate measures to avoid any real risk of confidentiality being impaired.
- Passport, Visa and Work Permit information is available from the Foreign Office or the relevant overseas embassy. It is your responsibility to ensure you meet all the requirements of the country you are visiting. Please ensure that you are fully aware of all passport and visa requirements and that you allow adequate time to obtain them. We recommend that you travel with a passport that has a minimum validity of 6 months remaining at all times. This is an immigration requirement for many countries and airlines. Please also ensure there are sufficient blank pages to allow for any visas which may need to be obtained en route. Passports should be machine readable for travel to / via the USA.
- Health facilities, hygiene and disease risks vary worldwide, you should obtain health advice on your specific needs as early as possible. This is your responsibility.
- Force Majeure: We cannot accept liability or pay compensation where major changes, cancellation or failure to perform any part of the contract is as a result of “force majeure”. This refers to any circumstances that are beyond our or our suppliers’ control and which we could not, even with all due care, foresee or avoid. Such events include war, threat of war, terrorist activity, threat of terrorist activity, riot, civil disobedience or strife, natural or industrial disaster, fire, adverse weather conditions, flooding and all similar events outside our control. Advice from the Foreign and Commonwealth Office not to enter or remain in a particular country or region will generally be regarded as “force majeure”.
- In the event of any complaint about the service you have received from Yacht Gopher Limited or any of the companies Yacht Gopher has booked for you, then you must send this in writing within 14 days after the event you are complaining about occurred. Complaints should be sent to Yacht Gopher at the address below, and will be responded to as soon as possible. If a complaint can’t be settled amicably, please refer to the CAA website for the process to be followed.
- It is agreed and understood that this agreement is subject to English Law and the courts of England shall have jurisdiction to settle any disputes arising out of our connection with this agreement.
Yacht Gopher Ltd
40 Whitfield Road
If would like to contact us please email email@example.com