1.1 In these Conditions the following words and expressions shall have the meaning set out below:

"Booking Form": the application form by which booking details are submitted to the Company by the Charterer;

"Charter Fee": the fee shown in the Company’s brochure or other published literature relating to the Charter Services from time to time and which shall include any Extras;

"Charter Period": the period during which the Company allows the Charterer to charter the Yacht being the period from the Start Date to the End Date;

"Charter Services": the services provided by the Company in providing skippered yacht chartering facilities for the Charterer;

"Charterer": the person, firm or company named on the Booking Form for whom the Company has agreed to provide the Charter Services in accordance with these Conditions which expression shall include each and every member of the Charterer’s party;

"the Company": Cruising Greece of Curlew Cottage, Redford, Hamsterley, Bishop Auckland, Co. Durham, England, DL13 3NL

"Contract": the contract for the provision of the Charter Services which will come into existence when the Company accepts the Charterer’s Booking Form and Deposit by issuing written confirmation of the booking;

"Deposit": the deposit for the charter of the yacht being 20% of the Charter Fee;

"Due Date": the date when the balance of the Charter Fee becomes due to the Company as set out in Clause 3.2;

"End Date": the date when the charter of the Yacht will end as shown on the Booking Form;

"Start Date": the date of commencement of the charter of the Yacht as shown on the Booking Form;

"Extras": the extra service requested by the Charterer as set out in the Booking Form;

"Yacht": the yacht chartered by the Charterer pursuant to the Contract

1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation.

1.3 Unless the context requires otherwise, words denting the singular shall include the plural and vice versa and words denoting one gender shall include all genders.

2. CHARTER SERVICES

2.1 The Company shall provide the Charter Services to the Charterer subject to these Conditions. Any charges or additions to the Charter Services or these Conditions must be agreed in writing by a duly authorised representative of the Company.

2.2 The Charterer shall fully complete the Booking Form and, at its own expense, supply the Company in sufficient time with all necessary documents and other information required by the Company in connection with the Charter Services. The Charterer shall ensure the accuracy of all documents and other information provided to the Company.

2.3 The Charter Services shall be provided in accordance with the Booking Form and otherwise in accordance with the Company’s current brochure or other published literature relating to the Charter Services from time to time, subject to these Conditions.

2.4 The Company may correct any typographical or other errors or omissions in any brochure, promotional literature, quotation or other document relating to the provision of the Charter Services without any liability to the Charterer

2.5 The Company may at any time, without notifying the Charterer, make any changes to the Charter Services which are necessary to comply with any applicable safety or other applicable statutory requirements or which do not materially affect the nature or quality of the Charter Services.

3. PAYMENT

3.1 The Charterer shall pay the Deposit on submission of the completed Booking Form.

3.2 The balance of the Charter Fee shall be paid in full by the Charterer (together with any applicable value added tax and without any set-off or other deduction) at least 56 days prior to the Start Date

3.3 If the booking is made less than 56 days prior to the Start Date, the full amount of the Charter Fee shall be paid by the Charterer on submission of the completed Booking Form.

3.4 The Charterer shall pay any additional sums which, in the Company’s sole discretion, are required as a result of any cause attributable to the Charterer.

3.5 If any cheque submitted by the Charterer is not cleared by the bank, the Charterer shall be liable for any resulting costs incurred by the Company.

4. CANCELLATION

4.1 If the Charter Fee is not paid to the Company in cleared funds by the Due Date, the Company may treat the booking as cancelled and the Deposit will be forfeited.

4.2 If the Charterer wishes to cancel the booking for any reason, it must do so by notice in writing to the Company. The Company reserves the right to apply the following cancellation charges:

4.3 The Company reserves the right to change or cancel the Charterer’s confirmed booking at any time before the Start Date in the event that, due to any cause beyond the Company’s reasonable control, the Yacht is not available or the Charter Services cannot be provided. In these circumstances, the Company will (at its discretion) either offer the Charterer at no extra cost an alternative yacht of the same standard or allow the Charterer at his/her option to cancel the booking with a full refund of monies paid.

5. CHARTER PERIOD

5.1 The Charter Period shall commence at 1700 hours on the Start Date and end at 0900 hours on the End Date.

6. OBLIGATIONS OF THE CHARTERER

6.1 The Company reserves the right to make rules and regulations relating to the provision of the Charter Services and the Charterer’s obligations whilst on board the Yacht ("the Rules"). The Rules form part of these Conditions and will be notified to the Charterer by the Company on the Yacht or earlier.

6.2 Any failure by the Charterer to adhere to the Rules may result in the termination of the Charter Services by the Company without refund and without any liability to the Charterer for the curtailment of the Charter Services.

7. WARRANTIES AND LIABILITY

7.1 Except in respect of death or personal injury caused by the Company’s negligence, or as expressly provided in these Conditions, the Company shall not be liable to the Charterer by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Company, its servants or agents or otherwise) which arise out of or in connection with the provision of the Charter Services or the Contract and the entire liability of the Company under or in connection with the Contract shall not exceed the amount of the Charter Fee.

7.2 Where the Company supplies in connection with the provision of the Charter Services any goods supplied by a third party, the Company does not give any warranty, guarantee or other terms as to their quality, fitness for the purpose or otherwise.

7.3 The Company shall not be liable to the Chaterer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of the Company’s obligations in relation to the Charter Services if the delay or failure is due to any cause beyond the Company’s reasonable control.

7.4 The Charterer is recommended to take out appropriate insurance policies to fully and effectively cover the Charterer and all persons accompanying him for death or personal injury to any person during the Yacht charter, loss of or damage to personal belongings and cancellation.

8. INDEMNITY

8.1 The Charterer shall indemnify and keep indemnified the Company from and against all actions, proceedings, costs, claims, liabilities, expenses and demands arising out of or in any way in connection with all or any of the following matters and things occurring as a result of the negligence of the Charterer:

9. TERMINATION

9.1 If the Charterer is in material breach of any of these Conditions, the Company may forthwith terminate the Contract. Such termination shall be without prejudice to any rights and remedies that may have accrued to the Company.

10. GENERAL

10.1 These Conditions (together with the terms set out in the Booking Form) constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms and conditions, whether express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.

10.2 Any notice required or permitted to be given by either party under these Conditions shall be in writing, addressed to the party at its registered office or principal place of business or such other address as may at the relevant time have been notified to the party giving the notice.

10.3 No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.

10.4 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.

10.5 English law shall apply to the Contract and the parties agree to submit to the non-exclusive jurisdiction of the English courts.