General
All travel and yacht charter arrangements are made directly by us, SeaTribe Yacht Charters, acting as owners and operators. By paying your deposit you are deemed to have read and accepted the following terms and conditions, and the other information in any brochure or on this site, which form an agreement between you and us. Bookings on this site are accepted subject to the standard terms and conditions of the company. The details of your charter will be sent to you with your confirmation. If there are any significant changes to the price or any other arrangements you will be told at the time of confirming your booking, we will do our best to let you know of any changes before you travel.
When making your booking you confirm that you have the authority to do so and you accept on behalf of your yacht charter party the terms of these booking conditions. A contract exists as soon as you pay the deposit. You should check the details of your confirmation carefully to ensure that it accurately reflects the booking you have requested and immediately inform us of any discrepancies. This contract is made on the terms of these booking conditions which are governed by laws of Seychelles and we both agree to submit to the jurisdiction of the Seychelles Courts at all times.
We do not accept responsibility for the acts and or omissions of our representatives, charter staff and operators. We do not accept responsibility if the fault is caused by you or any member of your party, a third party or an event which we could not with due care have foreseen or avoided. Where the services provided by SeaTribe Yacht Charters (Pty) Ltd are at sea, our liability is limited in line with the appropriate international convention and the provision of our liability insurance.
These General Terms & Conditions for a yacht charter (hereinafter: Terms) regulate mutual rights and obligations related to services of accommodation on vessel – yacht charter.
The Parties
This charter agreement is concluded between the client who charters the vessel (“Client”) and the owners of the yacht SeaTribe Yacht Charters (Pty) Ltd (The Company).
Booking Confirmation
The booking intention is confirmed when the deposit is paid by Client and the booking is confirmed by the Company on receipt of full deposit amount by way of it landing on the Company’s account and booking confirmation is issued to the Client or its Agent.
Payment
Deposit:
A deposit of 50% is required within 7 days of your reservation. Payments for your yacht charter can be made via any currency of your choice. Normally payments are made in the same currency that the yacht charter is advertised in. Therefore should there be any cost relating to the conversion of currency these costs will be for the Client’s account. Should the deposit not be paid within the specified time then the reservation will fall away and a new reservation will have to be made should you still wish to take the charter.
Prices:
Prices detailed are subject to change at any time until full payment has been received. We reserve the right to correct any pricing errors or omissions that may occur. We recommend that you book & pay in full as soon as possible to ensure the availability and pricing of any travel services shown. Yacht charter price shall not include additional services such as excursions, beverages, harbour dues, taxes, entrance tickets to parks, or any other additional services other than those explicitly stated as included in the vessel’s equipment list. If the yacht charter starts and/or ends in an alternative base (any base other than Eden Island marina in Mahe, which is the homeport of the Vessel) the Client acknowledges that any travel costs or fees of the alternative mode of transport are not included in the yacht charter price, and that the Client will need to settle these directly with the provider of such alternative mode.
Final payment:
Final payment is due no later than 60 days prior to charter commencement. No reminders will be issued for the settlement of the balance of the payment. If you fail to pay on time, the company reserves the right to cancel your charter, without refund of your deposit and subject to the Company cancellation policy.
Method of Payment:
Prices are valid for payment by cash via direct debit or telegraphic transfer or credit card into the Company’s Bank Account. Bank account details will be supplied to Client upon request and firm confirmation of a reservation. Personal cheques and bank drafts are not acceptable and a booking will not be considered to be finalized until all funds have been received and are cleared.
Additional services – Extras:
Additional services and extra equipment for which an extra payment shall be done (hereinafter: Extras) in accordance with the effective price list should be requested by Client and agreed prior to booking confirmation. Client may ask for addition of certain Extras even after the booking confirmation, and the Company will undertake reasonable effort to provide the newly requested Extras to the satisfaction of Client, and will inform the Client if it is possible to upgrade the booking with requested new Extras or not. Client acknowledges that the Company is not obliged to provide newly requested Extras at that point in time. At the latest, all Extras must be confirmed by both parties in writing not later than 30 days prior to the beginning of the charter date.
Arrival Details:
It is recommended to send an estimated time of arrival at least 10 days prior to the first day of charter, in order for the base staff to organize check-in procedure in as smooth way as possible. If Client has booked the transfer (e.g. from airport), then sending detailed arrival and departure information at least 10 days in advance is obligatory. Client is responsible for the accuracy, validity of all passports, visas, licenses and other identification documents. In particular Client acknowledges that it is responsible for its own travel insurance.
Cancellation policy
Should the charter of the booked Vessel be cancelled by Client, whatever the reasons may be, the Client shall be liable to inform the Company per email about the cancellation without delay. Client shall be charged for the cancellation in the amount of:
- 100% of the full cost of the charter if the cancellation has been done less than 30 calendar days prior to the starting date of the charter
- 50% of the full cost of the charter if the cancellation has been done up to 30 calendar days prior to the starting date of the charter
- 10% of the full cost of the charter if the Company or Client has managed to find another client for the cancelled period.
The date of the receipt of the cancellation notice in writing shall be the basis for the settlement of the stated cancellation charges. In exceptional cases, which cases are at the full discretion of the Company, the Company may allow the Client to use the already paid deposit amount as a pre-payment for the next booking within a twelve months period.
In the event that the Client does not come for the check-in (no-show-up case) or when the Client leaves the vessel prior to the contracted check-out time (early- abandon case), in all such cases the 100% cancellation fee applies and Client does not have a right for any refund.
Should the booking be cancelled by Company, then Company may offer to Client:
- Reservation of another vessel, from own fleet or from another fleet, of similar size and with similar features, if possible. If the new vessel is cheaper than the original vessel then Company will also refund the price difference as per valid pricelists of both vessels, applying the same pricing structure which was approved to Client for the original booking. Generally, in case of switching to another vessel, these Terms apply to the new vessel accordingly.
- Or full refund of all amounts that Company has received from Client for the charter. If Client payments were done using a different currency from that which the charter was advertised in, Company will not be liable for the changes in the exchange rates.
Client acknowledges that in the case when severe damages of the vessel have occurred during the previous charters, or due to events such as acts of God, Company is objectively not guilty for this, and thus Client shall aim to be cooperative towards finding appropriate alternative solution under the given circumstances.
Compulsory Cash Deposit
Client is advised of a compulsory cash deposit of 100 EUR which must be deposited in the cash box on arrival before the charter begins. This amount can only be taken in cash and only in Euros or SCR. This cash deposit will be used to pay for entry fees to environmental sites and such related expenses during the charter. After the completion of the charter the balance of the deposit which will remain unused shall be repaid to the Client before disembarkation.
Risk of Yacht use and insurance
Client fully accepts all risks connected with the yacht charter and all possible damages which can arise to the Client and/or its members due to the use of the yacht. In particular, Client accepts the sole responsibility for the use of the yacht, and waives each and every responsibility of Company, including in situations such as possible accidents and injuries of the Client and/or its members, regardless of the reason of their occurrence, as well as any possible damages on the Client’s and/or its members’ personal belongings, as well as the situations when the belongings are missing or lost, either during the charter or after the check-out. Client is also referred to the Company’s Indemnity provisions in this respect.
The vessels has been hull insured and has the appropriate insurance policies against damage towards persons and against damage towards third parties. The insurance does not cover damages of Client’s personal property and property brought to the vessel, nor any deliberately caused damage, nor any damage caused by Clients’ lack of diligence. It is strongly recommended that, upon booking, Client and all its members should contract adequate travel and health insurance packages for their travel arrangement.
The Company ensure that the vessel is in good working condition, clean and with completely filled fuel and water tanks. In case of any special or additional requests of the Client (e.g. earlier check-in, longer explanations during check-in, special needs… etc.) the Company shall try to resolve them to the satisfaction of the Client, but Client acknowledges that this is not a liability of the Company, and cannot ask for remuneration if such special requests were not fulfilled or were fulfilled only partially.
Law & Jurisdiction
This agreement is to be governed, interpreted and implemented in accordance with the laws of Seychelles. The parties consent to the non-exclusive jurisdiction of the High Court of Seychelles for any proceedings arising out of or in connection with this agreement. The invalidity or unenforceability of any part of this agreement, or the invalidity of its application to a specific situation or circumstance, shall not affect the validity of the remainder of this agreement, or its application to other situations or circumstances. Any provision of this agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
Except as otherwise expressly provided to the contrary, this agreement is for the benefit of the Company and the Client. This agreement shall be exclusive of any advertising, marketing or other sales literature or activities of the Company and nothing contained in any of such materials shall be construed to create any rights as a result of or in connection with this Agreement. Each of the parties hereby respectively agrees and acknowledges that
- it has been free to secure independent legal advice as to the nature and effect of each provision of these booking terms and conditions and that it has either taken such independent legal advice or has dispensed with the necessity of doing so; and
- each provision of these booking terms and conditions is fair and reasonable in all the circumstances and is part of the overall intention of the parties in connection with this agreement.
COVID
Still current at: 21 November 2021 – Updated: 28 October 2021- Latest update:
Before arriving in the Seychelles, you must apply for a Health Travel Authorisation and provide evidence of a negative COVID-19 (PCR) test result taken in the 72 hours before you travel. You must have valid health insurance to cover for COVID-19 related costs. If you’re coming from Bangladesh, Brazil, India, Nepal or Pakistan you’ll have entry restrictions and quarantine requirements on arrival. The Seychelles have implemented a nationwide curfew from 11pm to 4am which includes restrictions on movement and gatherings.
- COVID-19 remains a risk in the Seychelles. Measures are in place to limit the spread of COVID-19.
- Monitor your health closely and follow the advice of local authorities. You can call the COVID-19 hotline on 141 for local guidance and advice. You can also find updated information online from the Ministry of Health in Seychelles on its website and Facebook page.
- Insect-borne diseases, including dengue and chikungunya, are common. Ensure your accommodation is insect-proof. Use insect repellent.
- Medical facilities in the Seychelles are limited, especially on the more-remote islands. The island of Mahé has several clinics and a state-owned hospital. The main hospital is in Victoria. If you’re seriously ill or injured, you are likely to need medical evacuation to Mauritius, South Africa, India or La Réunion. These options may be limited due to COVID-19 travel restrictions around the world and reduced flights. Ensure your travel insurance covers this.
- See the list of pharmacies with telephone numbers.
For more detailed information please goto – http://tourism.gov.sc/covid-19-guidelines/