GLOSSARY OF TERMS
The following terms are used in this T&C:
The “Charterer”, “you”, “the client”, “your” or “yours” is the party booking either Island Water Adventures, Enchanted Sailing Charters, Island Song Charters, or Myrtle Beach Sailing School. As bookings are made on behalf of other people, “Charterer”, “you”, “the client”, “your” or “yours” may be understood to refer to the entire group of people booking under the same booking reference
“The Company”, “Company”, “Island Water Adventures, Enchanted Sailing Charters, Island Song Charters, or Myrtle Beach Sailing School”, “us”, “our” or “ours” refers to the owner and operator of Island Water Adventures, Enchanted Sailing Charters, Island Song Charters, or Myrtle Beach Sailing School
“Charter(s)” or “lesson(s)” refers to the product and accompanying services being booked under these terms and conditions and is defined as the sailing event offered by the Company
“Party”, “Parties”, or “Us”, refer to both the Client and us, or either the Client or us
“Services” refer to the services as offered by either Island Water Adventures, Enchanted Sailing Charters, Island Song Charters, or Myrtle Beach Sailing School
“Add-on services” refer to the services provided in addition to the base package as defined in Island Water Adventures, Enchanted Sailing Charters, Island Song Charters, or Myrtle Beach Sailing School associated websites (islandwateradventures.com, enchantedsailingcharters.com, sailingmyrtlebeach.com, myrtlebeachsailingschool.com)
The “website” or “websites”, “our website” or “our websites” refers to either islandwateradventures.com, enchantedsailingcharters.com, sailingmyrtlebeach.com, and/or myrtlebeachsailingschool.com or to the respective Facebook pages of Island Water Adventures, Enchanted Sailing Charters, Island Song Charters, or Myrtle Beach Sailing School
Lead Person – The person completing the booking form, accepting responsibility for all members of their specified party or crew, having read and agreed to the stated Terms and Conditions in full. The Lead Person accepts these conditions on behalf of all persons named on their booking form, including those substituted or added by agreed amendment of the booking.
“Crew” and/or “Specified Party” refers to all persons named on the booking form, for whom the Lead Person or the individuals themselves assumes full responsibility.
AGREEMENT TO BOOKING
A booking with Company requires a minimum of either a $100 deposit or a 50% deposit of total charter/lesson rate. This will constitute acceptance by you of these booking conditions.
Acceptance of your booking will be confirmed in a confirmation email to you and a contract comes into existence on the date shown on that email. The booking conditions are binding when your booking is confirmed in email to you. Payment for all monies due, including any surcharge, must be paid to us either before charter/lesson departure or immediately following charter/lesson completion, based upon our discretion.
CANCELLATIONS & RESCHEDULING
Requests for canceling your booking greater than 7 days prior to departure date will result in a 100% refund of your deposit.
Requests for canceling your booking 7 to 3 days prior to departure date will result in a 50% refund of your deposit.
Requests for canceling your booking 2 days or less prior to departure date will result in forfeiture of refund.
Requests for rescheduling are made on a case by case basis and are at the discretion of Company.
Cancellations made by Company due to weather or other unforeseen circumstances will result in a 100% refund of your deposit if a rescheduling date cannot be agreed upon.
The same rules that apply to the “land” apply to the “sea”. You must be 21 years or older to drink alcohol. If you show up intoxicated, you will not be allowed to board the boat. If you become intoxicated while sailing, the captain reserves the right to cancel the sail and you will be responsible for the full cost of the sail. Safety First!
Gratuities are standard in the boating industry for your captain and crew and accounts for a substantial portion of their salary. Gratuities are typically between 15 – 20% or more based on the level of service you have received. All gratuities are greatly appreciated.
The customer understands and accepts that there is an inherent risk of personal injury or accident, which may occur at marinas and aboard sailboats. Therefore, the customer agrees to release and hold harmless Company, its members, and employees from all liability and responsibility for personal injury, property damage or wrongful death however caused, including, but not limited to, product defect or the negligence of the released parties.
The customer has discussed the Risks with their invitees, and all invitees have agreed to release and hold harmless Company, its members, and employees in the same manner the customer has in the above paragraphs. The foregoing notwithstanding, the customer agrees to indemnify and hold harmless Company, its members, and employees from any claims brought by customer’s invitees.
If it is necessary to obtain medical treatment for the customer or its invitees, regardless of cause, such expenses shall be paid by the customer. Authority is granted without limitation to Company and its assigns in all medical matters to hospitalize and treat the customer.
Disputes shall be governed by Federal Maritime law. In any action against Company, its members, and employees which results in a decision/judgment/decree/order/ stipulation or settlement substantially upholding Company position, the adversary party shall reimburse Company attorney’s fees, court costs and expenses.
From time to time authorized parties may carry out photography and/or video recording. You agree that we may use such images as promotional advertising or publicity material in any format whatsoever. You further agree that copyright rests with such authorized parties unless otherwise agreed.
THIRD PARTY WEBSITES
Company cannot be held responsible for any content, tours and pricing displayed on third party websites.