1. Introduction
These Terms and Conditions govern all yacht charter services, sailing training programs, racing activities, and related services provided by Fundamental Sailing (hereinafter referred to as "the Company"). By making a reservation, enrolling in a training program, or using any service offered by the Company, the client agrees to be bound by these Terms and Conditions.
2. Definitions
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Company: Fundamental Sailing
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Client: Any individual or entity booking or using the Company’s services
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Yacht: Any sailing yacht, motor yacht, racing yacht, or vessel provided by the Company
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Charter Period: The agreed duration of the yacht charter
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Services: Yacht charter, sailing education, certification programs, regatta support, and related activities
3. Booking and Payment
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3.1 A booking is confirmed only after written confirmation by the Company and receipt of the required deposit.
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3.2 The standard deposit is non-refundable unless otherwise stated in writing.
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3.3 The remaining balance must be paid no later than the date specified in the booking confirmation. Failure to complete payment may result in cancellation without refund of the deposit.
4. Cancellation Policy
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4.1 Cancellations must be made in writing.
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4.2 Cancellation fees may apply depending on the timing of the cancellation and the specific service booked.
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4.3 The Company reserves the right to cancel or modify bookings due to force majeure, safety concerns, weather conditions, or circumstances beyond its control.
5. Yacht Use and Responsibilities
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5.1 The Client agrees to operate the yacht in a safe, responsible, and lawful manner.
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5.2 The yacht shall not be used for illegal activities, commercial purposes without consent, or sub-chartering.
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5.3 The Client is responsible for any loss or damage to the yacht or equipment caused by negligence or misuse.
6. Skippered and Bareboat Charters
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6.1 For bareboat charters, the Client must provide valid and internationally recognized sailing certificates acceptable to local authorities.
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6.2 The Company reserves the right to require a professional skipper if qualifications are deemed insufficient.
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6.3 For skippered charters, the skipper remains responsible for the safe navigation of the yacht at all times.
7. Sailing Training and Certification
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7.1 Training programs are conducted in accordance with international standards and applicable certification authorities, including RYA-approved programs where applicable.
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7.2 Certification is subject to successful completion of course requirements and assessment criteria.
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7.3 The Company does not guarantee certification if minimum competency standards are not met.
8. Racing and Regatta Activities
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8.1 Participation in racing and regatta activities involves inherent risks. Clients participate at their own risk.
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8.2 The Client confirms that they are medically and physically fit to participate in sailing and racing activities.
9. Insurance and Liability
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9.1 The yachts are insured in accordance with local maritime regulations.
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9.2 The Client is strongly advised to obtain personal travel, health, and cancellation insurance.
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9.3 The Company shall not be liable for personal injury, illness, loss, or damage to personal belongings unless caused by gross negligence.
10. Force Majeure
The Company shall not be held liable for failure to perform obligations due to events beyond its reasonable control, including but not limited to weather conditions, natural disasters, government restrictions, or mechanical failures beyond reasonable maintenance standards.
11. Compliance with Laws
The Client agrees to comply with all applicable maritime laws, port regulations, customs, and immigration requirements.
12. Privacy and Data Protection
Personal data provided by the Client will be processed in accordance with applicable data protection laws and used solely for service-related purposes.
13. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Türkiye. Any disputes shall be subject to the exclusive jurisdiction of Turkish courts.
14. Amendments
The Company reserves the right to amend these Terms and Conditions at any time. The version in effect at the time of booking shall apply.
15. Acceptance
By proceeding with a booking, training enrollment, or service participation, the Client acknowledges that they have read, understood, and accepted these Terms and Conditions.