Terms & Conditions of Charter
Circa Sail (Circa) offers luxury sailing charter cruises within Singapore waters.
Any reference to “you” in these terms and conditions includes any agent acting on your behalf.
Booking and Payments
A booking request can be made by you on our website or it may have been made through your agent. After receiving the booking request, if the request is accepted, Circa will then send you an invoice stating the amounts to be paid in total by you (charter fee) and as deposit. The dates these amounts are to be paid by will be stated as well.
The deposit is 50% of the total charter fee and due no later than 7 days after the invoice has been sent. Circa will reserve your cabins/the yacht according to your request for the period of those 7 days. After depositing, please inform Circa of your payment. Upon receiving this payment Circa will immediately send you or your broker a booking confirmation.
The balance has to be paid in full no later than 4 weeks before the departure date.
Bookings made less than 4 weeks before departure are to be paid in full and within 7 days after the invoice has been sent. Late payment may be regarded as cancellation of your booking whereupon your booked space may not be secured. In this case, the relevant cancellation fees may apply.
Payments will have to be made in the currency quoted on the invoice by bank transfer. All bank or credit card charges will be borne by the payer.
Guests are required to submit to Circa their personal information (such but not limited to passport details etc.) as requested by Circa upon booking.
Altering of a Booking
Provided it does not interfere with the schedule, Circa does not usually charge any fees for Minor alterations to the booking. Major alterations, which may interfere with the booking schedules, will be treated as per the below.
Minor alterations would include shifting bookings an hour or so from scheduled Charter time.
Major alterations would include wanting to reschedule a charter to another date, for whatever reason or the cancelling of a charter and wanting a credit voucher.
If a Major alteration request is made more than 7 but less than 14 days from the charter date, the request will only be granted on payment of an administrative fee of $250.00, plus GST.
Any Major alteration request made more than 14 days from the charter date will be granted without any administration fee payable.
If a Major alteration request is made within 7 days of the charter date but more than 3 days from the charter date, the request will only be granted on payment of an administrative fee of 25% of total fees already paid for the charter, plus GST.
If a Major alteration request is made within 3 days of the charter date, the request will only be granted on payment of an administrative fee of 50% of total fees already paid for the charter, plus GST.
Failure to pay the above administrative fee prior to charter, will mean cancellation of the charter without refund or issuing of a credit voucher.
To avoid doubt, we do not allow refunds or partial refunds or credit vouchers because of a change in pax numbers where the group size has reduced because, for example (but not limited to), some people have changed their mind and do not want to sail or because they can no longer make it because of a new personal commitment that has arisen etc. If a charter is paid for, with a certain number of pax paid for, that invoice stands, and it is up the charter organiser to fill those places accordingly, or sail with a smaller group, whatever they choose.
Cancellation by the Guest
Circa needs to be notified of a cancellation of an upcoming charter by WhatsApp (sent to Luke). Cancellation of a charter is non-refundable but will instead be converted to a credit voucher for a rescheduled charter at another suitable and agreed time (subject to payment of the administrative fee above).
Cancellation by CircaSail
If prior to commencement of the charter, Circa cancels the booking or the entire charter, the guest shall be entitled to full reimbursement of all payments made without interest or a credit voucher, at their choice. The guest shall not be entitled to any compensation or penalty payments. In the event of any causes beyond our reasonable control (e.g. a force majeure event), including but not limited to acts of god, natural disasters, acts of war or terrorism, pandemic or endemic, strike, orders, regulations of the government, local weather or sea conditions etc., Circa will bear no responsibility for not providing its services, accommodation, meals, transportation or any other services.
If it is raining or overcast we usually still do sail – so be prepared. We may delay for a short period (30 mins or so) to allow rain to subside (the rain very rarely lasts long). Where there is severe weather (thunder, lightning etc), the Skipper may also delay the charter for 30 mins or so or so to monitor the weather. The Skipper may end up canceling the charter if it’s deemed too dangerous to sail. in his/her opinion. The Skipper has the full discretion and will make the ultimate decision. If the Skipper decides to cancel the charter due to extreme weather, you can have full reimbursement for the charter or be issued a credit note for a charter on another day. The Skipper may also end a charter early if dangerous weather persists whilst on charter. Any discounts or reimbursements will then be at the discretion of Circasail (and calculated on a pro rata basis).
If during the charter period, the yacht is disabled by breakdown of machinery, grounding, collision or any other cause so as to prevent reasonable use of the yacht by the guests, Circa shall make a pro rata refund of the charter fee for the period of disablement, in its discretion.
A modern yacht contains many pieces of machinery and equipment, which have to work in the harsh marine environment. Although the yacht is well- maintained, equipment breakdown can occur. As long as the quality of the trip is not unduly affected in the event of equipment breakdown, such a breakdown, by itself, is not a ground for refund.
Any credit voucher has a life of 12 months from the date of issue and then expires and becomes immediately void.
Circa is not responsible for theft or loss of money or any other valuables or items of any kind on board the yacht or elsewhere.
The yacht is insured against fire, damage, marine collision, risks and hazards of the voyage, including engine, hull and yacht equipment, for any and all casualty and loss or damage that may occur to or be suffered by the yacht or crew for the full term of the charter period. Coverage is excluded for loss of cash, negotiable instruments, precious metals or stones, valuables or objects of a rare or precious nature, belonging to persons.
Circa will not be held responsible for any injury or loss suffered by any guest, or any loss, damage, injury, infection or pain suffered by either the guests’ persons or property, during the term of the charter. More specifically, but without limiting the foregoing, Circa and the yacht’s insurance underwriters accept no responsibility for accidents, injuries or death due to any activities, including but not limited to, diving, snorkelling, swimming, water skiing, surfing, windsurfing, sea kayaking, or hiking, no matter whether any equipment had been supplied by Circa or by the guest.
Any damage to the yacht caused by a guest on the charter will be their responsibility and their cost and must be paid for by the guest. Where deemed necessary, Circa may demand a credit card pre-authorisation amount prior to boarding to cover any loss or damage caused by you or your guests on the charter. This authorisation will be removed at the end of the charter provided it’s not necessary to use.
Upon boarding, guests may be required to sign a liability waiver.
Personal Insurance & Health
As there is an inherent risk in activities like sailing and holidays in tropical areas, guests are required to have sufficient insurance covering all activities and sports they intend to undertake. The nature of a charter may render it unsuitable for anybody with physical disabilities or undergoing medical treatment. The guests warrant their medical fitness for the cruise. The guests undertake to have all necessary vaccinations for the countries or regions to be visited. If any guest has a medical condition that may possibly impede their safe enjoyment on the charter they must disclose to Cirka prior to boarding.
The final decision regarding the itinerary always lies with the captain of the yacht and may be impacted by weather conditions, official regulations, or other circumstances.
Should local authorities or force majeure prevent the cruise from taking place where planned, then the cruise will take place in a close-by location, if possible.
Passports, Visas and Government Fees
The authorities may charge various fees for entering the certain sailing areas. These fees are not included in the Circa charter rate. The rate of the government fees is subject to changes and will be communicated to guests if an applicable cost, prior to the charter.
Guests undertake to have all necessary visas and/or documents for being in Singapore.
The information Circa provides regarding the yacht, equipment, region, itineraries, crew, arrival/ departures and all other aspects of the charters is correct to the best of Circa’s knowledge. However, Circa does not guarantee the correctness of any such information and reserves the right to change any of the above as circumstances dictate without prior notice.
If children are taken on board, the guests shall be fully responsible for their conduct and entertainment and neither Circa nor any member of the crew shall be held responsible for their conduct or entertainment. For cabin (overnight) charters, children younger than 16 can only be accommodated on board upon special request. This clause does not serve as a guarantee for guests that there will be no small children on board.
Guests may bring their own alcohol on board. Safe consumption of alcohol must be observed at all times. Red wine is not allowed to be consumed on board.
We allow pets on charter but at our ultimate discretion. They must be well trained of no more than medium size and well behaved. Pee mats must be provided and pets are not allowed indoors or on water toys. Failure to observe this can result in an early end of the charter, removal of pet from the boat, and a cleaning fee of $500.
Behaviour on Board
The guests shall comply with the laws and regulations of any country into whose waters the yacht shall enter during the course of the cruise. The guests shall ensure that no pets or other animals are brought on board the yacht without the consent in writing of Circa or of the captain.
Guests shall ensure that their behaviour shall not cause a nuisance to any person or bring the yacht into disrepute. Guests shall afford each other and the crew due respect at all times. Questions or disagreements have to be settled calmly and without disturbing other guests.
At the complete discretion of the captain, any guest may be removed from the yacht for unacceptable behaviour (at the nearest safe disembarking area, which may include another vessel) and that guest will not be entitled to any refund or reimbursement of any costs whatsoever.
If a guest commits any offence against the laws and regulations of any country which results in any member of the yacht’s crew being detained, fined or imprisoned, or the yacht being detained, seized or fined, the responsible guest shall indemnify Circa and the crew members against all loss, damage and expense incurred.
It is specifically understood that the possession or use of any illegal drugs or weapons (including particularly firearms) is strictly prohibited on board the yacht and failure to comply shall be sufficient reason for Circa or the captain to terminate the contract forthwith without refund or recourse against Circa.
Captain’s discretion applies
To ensure the safety of guests, crew and the yacht at all times, the captain’s opinions and decisions will be considered final and indisputable at all times.
Should a guest have a complaint during the trip, he or she is to inform the captain of the yacht. The captain will do the utmost to rectify the problem. If the outcome is not satisfactory, the guest will have to inform Circa in writing by letter within 30 days after the end of his cruise, either directly or via his or her local agent. The matter will be reviewed and should it be deemed fair and reasonable by Circa, the guest will have his or her trip partly or wholly reimbursed.
Complaints, which have not first been expressed during the cruise and addressed accordingly by the captain, will not be taken into consideration. To handle complaints, Circa requires the original letter of complaint from the guest, signed by the guest.
In case of legal disputes, the law of Singapore shall apply. Any dispute, controversy or claim relating to the charter shall be resolved in English.
By making payment of our booking fee you acknowledge reading and agreeing to the above terms and conditions of charter.