Terms and Conditions

Dates and itineraries that we provide are indicative only and subject to change.

2.1 To make a booking you can contact us either directly over the telephone by calling the number on our website or via our website at www.horizonsail.mv or via email to travel@blue-horizon.com.mv providing the following details:

• Guest full Names.
• Guest Date of births.
• Guest Nationality.
• Guest Passport numbers.
• Arrival and departure dates.
• International fight details (upon confirmation).

 

The person making the booking (the “Lead Charterer”) must be 18 years old or over and possess the legal capacity and authority to make the booking and accepts these booking conditions on behalf of everyone 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.

 

DEPOSITS & PAYMENT SCHEDULES

 

30% of the Payment should be made upon the final confirmation within 10 days and balance 70% should be settled 90 days before arrival date; otherwise booking will be cancelled automatically. Please refer to our cancellation policy

 

2.2 If we accept your booking, we will issue an Invoice. When you receive the 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. You cannot assign or subcharter your booking without the prior written consent of the Company.

 

2.3 We may be able to advance register your booking request before the release of the fleet. Requests that are made more than 11 months in advance are subject to availability and prices.

 

2.4 We will consider special requests when you book. We will tell you whether there is a charge for the request. We can only guarantee requests for which there is a charge, or those that are confirmed in writing. It is your responsibility to advise us of any special requirements. We regret we cannot accept any booking which is conditional upon the fulfillment of a particular request.

 

2.5 We may not be able to confirm some of your additional travel requests immediately at booking. In these instances we may issue an Invoice, however, the contract for arrangements that we have not been able to confirm will only be made when we have sent you written confirmation that those additional arrangements have been finalized. We will notify you promptly of any changes to your additional travel requests between the time of booking and the written confirmation, including if there is any change to the price. If any of these changes are not acceptable then you will be entitled to cancel your booking and receive a full refund; provided you notify us within 7 days of receiving details of the changes.

 

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.

 

2.7 For Bareboat Charters: by making a booking, you confirm that you and/or members of your crew/party are capable and competent to sail the yacht in the conditions and cruising area of charter in-line with port authority regulations advised at point of sale. The Lead Charterer is responsible for ensuring that all Passengers have the necessary documentation for the cruising area. In our destinations you are required to be appropriately qualified and possess such documentation during 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 via email or by calling the number available on our websites.

For bookings made through an agent, broker or other third party, please contact your agent directly.

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 on our website are updated regularly. All price quotations are provisional until confirmed in writing on your Invoice. Before you make a booking we will give you the up-to-date price of your chosen charter package, including the cost of any supplements, upgrades or additional facilities which you have requested. In the unlikely event of an administrative error leading to an incorrect price being displayed, we reserve the right to correct it. Offers are not combinable unless expressly stated and may be withdrawn at any time.

 

3.2 We reserve the right to impose an additional fee for additional transportation costs imposed between the time of confirmation of booking and your departure date, including without limitation the cost of fuel, dues, taxes or fees chargeable for services such as exchange rates. We do not accept responsibility for resort fees or similar fees that are charged locally, which must be paid by you and are not included within your vacation package price.

4.1 YOUR RIGHT TO A REFUND IS LIMITED. Cancellation/refund requests must be in writing by email and cannot be made verbally. NO REFUNDS WILL BE ISSUED IN RESPONSE TO VERBAL CANCELLATIONS.

Cancelled reservations may be reinstated at then current rates, subject to availability, current package inclusions, and reinstatement fees. Charges and fees for products, services, attractions or excursions to be supplied in addition to the base charter package are non-refundable. Non-refundable fees include, but are not limited to: returned check fees, reinstatement/cancellation/late payment fees, processing fees, reservation change fees and transfer fees.

 

4.2 If, after our Booking Confirmation has been issued, you (i) make a change to your existing booking (ii) or wish to change to another vacation or change departure date, we will try to make the changes subject to availability. We will not charge you fees to amend your booking in the following circumstances:

• To correct an incorrect initial, first name, Surname or title
• To change your crew members (providing the lead name does not change) up to 70 days before departure

 

Should you wish to amend the Yacht Charter element of your vacation to an alternative date, outside of 70 days before the departure date, you will not be charged an administration change fee, but you will be charged the difference in the cost of the charter. Should you wish to change the Yacht Charter element of your vacation within 70 days of departure, a change fee will be applied in addition to any difference in the cost of the Vacation. For the avoidance of doubt, if the charter you change to is, at the time of amendment, cheaper than what you have paid for your original charter, no refund will be given. Please note that a maximum of 2 date amendments are allowed to be made to your original booking. For any changes made within 7 days of departure then, in addition to the fees detailed above, you shall also forfeit any payments already made in respect of pre-purchased ancillary items (such as, for example, water toys, provisioning & beverages) and should you wish to acquire the same for your amended date you will have to re-purchase such items.

 

Should you have purchased anything other than a Yacht Charter, only then other charges may apply and will be advised at the time of inquiry by us.

 

DEFAULT AND CANCELLATION POLICIES

 

Cancellations will subject to the below fees accordingly:

• After confirmed reservation 20% of the cost of the vacation.
• 150 days before the start of the charter 30% of the cost of the vacation.
• 120 days before the start of the charter 50% of the cost of the vacation.
• 60 days before the start of the charter 100% of the cost of the vacation.

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 and we will offer you an alternative charter if there is time before your departure. In most cases, we will offer an alternative charter which is the same price, or more expensive than the charter you originally booked. If an alternative charter suggested by us is cheaper, you are entitled to a refund of the price difference.

 

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 may give you a credit certificate for use on future charters, extend your charter, or cancel your charter. If we cancel your charter except for reasons beyond our control or as a result of your nonpayment of any amounts due under the contract, you are entitled to receive a full refund of all monies paid. Notwithstanding the foregoing, no refund or compensation 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 has been exercised; such as (by way of example and not by way of limitation) natural disaster, fire, adverse weather conditions, acts of God, unforeseeable technical problems with transport for reasons beyond our control or that of our suppliers, 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, 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 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 remove the Passenger from an accommodation or excursion/activity.

6.1 Neither the Company, its affiliates, owners, officers, agents, nor 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. You further understand that if you purchase any optional activities that are not part of your pre-booked charter itinerary (including, without limitation, shore excursions and tours, however conducted and ground transportation), these activities are operated by independent contractors; the contract for the provision of that activity will be between you and the third party provider for such activity; the Company neither owns not operates the third party supplier; and accordingly, you agree to seek remedies directly and only against the third party supplier and not hold the Company responsible for their acts or omissions.

 

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.

 

6.4 In consideration of the services and arrangements provided by the Company, you, for yourself, other Passengers on your charter, and for your heirs, personal representatives or assigns, do hereby release, waive, discharge, hold harmless and agree to indemnify the Company, and its owners, officers, directors, employees and affiliates from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of your negligence or caused by your breach of this charter, or which results from your acts, omissions or defaults or any person acting on your behalf , or which results from the acts, omissions or defaults of, or any claims asserted by, the other Passengers on the yacht.

 

6.5 The Company’s maximum liability, for any reason whatsoever, will be limited to the amount paid by you to the Company for the charter. If any international convention applies to, or governs, any of the services or facilities included in your holiday arranged or provided by us and you make a claim against us of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay you compensation and/or the amount (if any) of compensation payable to you by us will be limited in accordance with and/or in an identical manner to that provided for by the international convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). International Conventions which may apply include, without limitation: in respect of carriage by sea, the Athens Convention 1974. For the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these Conventions or any other international conventions applicable to your holiday. Other than as set out above, and as is detailed elsewhere in these Terms and Conditions, we shall have no legal liability whatsoever to you for any loss or damage.

 

6.6 In the event medical care becomes necessary on your charter, you may be hours or days travel by water, porter, animal, or other non-vehicular transportation from any medical facility. The medical facility you may be treated in may not have the same standards as hospitals or doctor’s offices in your home country. The medical personnel you will be treated by may not speak fluent English and have the same training as medical personnel in your home country. You further acknowledge that an emergency evacuation may be unavailable, expensive and delayed at your yacht location, and that the medical facilities and attention available aboard the yacht are limited. Decisions are made by the Company staff based on a variety of perceptions and evaluations of the situation at hand. Participant understands and agrees to abide by these decisions.

 

6.7 You agree that no suit, whether brought in rem or in personam, shall be maintained against the Company for emotional or physical injury, illness or death, unless written notice of the claim, including a complete factual account of the basis of such claim, is delivered to the Company within 185 calendar days from the date of the incident giving rise to such injury, illness or death; and no suit shall be maintainable unless commenced within one (1) year from the day of the incident giving rise to such injury, illness or death, notwithstanding any provision of law of any state or country to the contrary.

 

6.8 To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these booking conditions.

Bareboat Yacht Charters

 

7.1 You have the right to inspect the bareboat yacht, her gear, and inventory upon delivery and to ensure that all items are present and in good working conditions. Following the on board briefing, you accept the yacht and thereafter, it is your full responsibility, and you will have no right to claim for any loss of time or expense caused by an accident or breakdown or failure of any part of the bareboat yacht caused by your or your party’s acts or omissions, or defects which are agreed and noted on the documentation during the on board briefing.

 

7.2 Following the conclusion of your charter, you must deliver the yacht at the time and place specified by us, free and clear of liens and indebtedness in and in the same condition as the yacht was delivered to you, subject to normal wear and tear, or defects which are agreed and noted on the documentation during the on board briefing. If you return the yacht late at the end your charter, you will be liable to pay a penalty charge and you will be liable for all recovery costs.

 

7.3 The cruising area may be restricted. Our skipper will inform you of any restrictions during the onboard briefing, and may further confine the cruising area of the bareboat yacht or place a competent crew on board if considered necessary for the safety the yacht and its occupants, in which case a daily charge will be made for each crew member.

 

7.4 When sailing a yacht you must be 18 years old or over and the skipper must be in charge of the yacht at all times. If you are a solo traveler then please speak to the Company who can arrange for you to hire a skipper or cook as your second mate on board.

 

Persons under the age of 18 years are not permitted to charter a yacht from the Company, Where a person under the agent of 18 years shall be a named customer of a booking but travelling with a responsible person, over the age of 18, but who is not their parent or legal guardian, the parent or legal guardian must provide written permission for that person to travel and must agree to these Booking Conditions and any other associated documentation on behalf of their child prior to departure.

 

We cannot be held responsible for under age consumption of alcohol.

 

7.5 Please note you are not permitted to sail/cruise on your yacht during the hours of darkness (which shall run from the start of sunset to sunrise).

 

7.6 Use of the yacht is for pleasure only. The yacht shall not transport merchandise or carry passengers for pay without the prior written consent of the Company. No pets are permitted on board unless otherwise stipulated.

 

Crewed Yacht Charters

 

You have the right to inspect the yacht, her gear, and inventory upon delivery and to ensure that all times are present and in good working conditions. Following the conclusion of your charter, you must deliver the yacht at the time and place specified by us and in the same condition as the yacht was delivered to you, subject to normal wear and tear, or defects which are agreed and noted at inspection. If you return the yacht late at the end your charter as a result of you or your party’s acts or omissions, you will be liable to pay a pro rata charter fee for use of the Yacht, plus consequential and incidental losses suffered by the Company caused by the delay. You agree to abide by the judgment of the crew as to the sailing, weather, anchorages and other pertinent matters with regards to the charter of the yacht.

 

The Company and its crew cannot be held responsible for under age consumption of alcohol.

 

Use of the yacht is for pleasure only. The yacht shall not transport merchandise or carry passengers for pay without the prior written consent of the Company. No pets are permitted on board unless otherwise stipulated.

You are strongly advised to insure yourself against any possible risk that may occur and in particular to ensure that you have sufficient insurance in respect of dependent relatives and force majeure events. The company cannot be held responsible for any loss which you may suffer as a result you providing incorrect information (such as, by way of example only, previous sailing experience (with regards Bareboat Charters) when requested), or due to your negligence, deliberate default, or willful misconduct. Adults will at all times be responsible for minors in their charge.

 We recommend Pantaenius Travel Insurance

9.1 For all Bareboat charters featured by us, you will be required to provide cover against accidental damage or loss to the vessel and ancillary equipment by paying a Security Deposit at the base as further detailed below.

 

9.2 In the event you or your party cause damage or loss to the vessel (howsoever caused) or to property belonging to a third party you will be liable for the damage up to the value of the Security Deposit paid at the Base, except in the case of gross negligence as defined below.

 

9.3 If you or your party cause damage or loss to the vessel, any ancillary equipment or to property belonging to a third party and such damage or loss is caused as a result of your gross negligence or reckless conduct you will be liable for the full extent of the loss suffered and our right to claim against you will not be limited or waived in any way by the payment of the security deposit. Acts that will be considered as gross negligence or reckless conduct will include, without limitation, sailing outside of defined sailing areas and/or hours, sailing the vessel under the influence of alcohol and/or drugs, not having sufficient crew in charge of the vessel at all times, not being in control of the vessel by means within the control of the Skipper.

 

9.4 By asking us to confirm your booking you are agreeing to comply with the content of this section and make any required payment.

 

Security Deposit

You will be asked to pay a sum of between $3100 and $12,500, as Security Deposit upon arrival at the yacht base. The Security Deposit will be taken prior to embarkation and if you do not pay, we reserve the right to cancel your booking without further liability and without any right to a refund and you will not be entitled to continue with the charter.

 

9.5 The Security Deposit payable can be paid in cash, by debit card or credit card.

 

9.6 The Security Deposit paid will be used as security for any loss or damages suffered to the Company as a result of any breach by you of these booking conditions and any damage caused to the yacht or its contents during the period of your arrangements. You cannot apply or deduct any portion of the damage deposit from the final balance payable for your travel arrangements.

 

You will be asked to sign a form before embarkation confirming that you fully understand your obligations in the event of any loss or damage to the vessel, ancillary equipment or third party property.

 

9.7 On return of the yacht to the base following the charter period and following inspection of the yacht by our base staff, in the event that we are satisfied that there is no apparent damage to the yacht on its return from you, our base staff shall, where applicable, refund the relevant Security Deposit paid by you to you as soon as reasonably possible.

 

9.8 In the event that we determine that accidental damage or loss was caused to the yacht and/or its contents during the period of your arrangements, you will be liable to us for all losses and damages incurred by us as a result up to the value of the security deposit left at the base. In the event that we determine that damage or loss was caused to the yacht and/or its contents during the period of your arrangements as a result of your gross negligence or reckless conduct, you will be liable to us for all losses and damages incurred by us as a result. In both instances we reserve the right to retain, where applicable, part or all of the relevant security deposit paid by you. We may use all or part of the damage deposit paid by you to repair any damage caused to the yacht or its contents during the period of your arrangements, including without limitation the costs involved in lifting the yacht for a full inspection to assess the damage to the yacht.

 

9.9 Retention of the security deposit will not in any way limit or prejudice any claim which we may have over and above the sum of the security deposit paid by you where the loss or damage was caused or contributed to by your gross negligence or reckless conduct and in these circumstances you will remain liable to us for the balance of any such losses or damages incurred by us over and above the sum of the damage deposit paid by you. In the event that the losses or damages suffered by us as a result of any breach by you of these booking conditions and any damage caused to the yacht or its contents during the period of your arrangements is less than the relevant damage deposit/Security Deposit paid by you, we shall refund, as relevant, part of the Security Deposit paid by you to you as soon as reasonably possible after the damage has been repaired or the repair costs have been ascertained. In the event of any disagreement over damage or loss, we shall retain the relevant Security Deposit paid by you until the matter is resolved. Please note that if loss or damage caused by your gross negligence or reckless conduct is in excess of the level of the damage deposit we reserve the right to pursue a claim against you for the full extent of our loss.

 

9.10 For the avoidance of doubt, where we make any refund to you of the relevant damage deposit paid by you.

 

9.11 ENVIRONMENTAL DAMAGE. You shall be solely responsible for any fees or fines determined by the laws of the country in which the environmental damage occurred. Damage to the environment includes but is not limited to damage to natural or artificial reefs.

 

9.12 THE 4 HOUR GUARANTEE. The Company guarantees that if a breakdown of essential equipment occurs during your charter, we will complete a repair within four working hours of notification or you will be provided compensatory sailing time. To be covered under this guarantee, the yacht must be within a twenty mile radius of the Company’s base.

 

9.13 BLUE HORIZON CREWED YACHT CHARTER GUARANTEE. Should the yacht after delivery to the Charterer sustain breakdown of machinery or be disabled or damaged by any cause so as to prevent the use of the yacht by the Charterer for a period exceeding 36 consecutive hours at a time, the same not being brought about by any fault of the Charterer, Blue Horizon shall provide another yacht of the same quality or a pro rata credit certificate valid for a future charter to the Charterer for the entire period the yacht shall be unfit for use.

10.1 You are responsible for ensuring that that you possess all the necessary documentations. 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 reentry 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 INNOCULATION 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.