{"id":2858,"date":"2025-05-22T11:10:54","date_gmt":"2025-05-22T11:10:54","guid":{"rendered":"https:\/\/rosessailing.com\/reservation-terms-and-conditions\/"},"modified":"2025-05-22T11:10:54","modified_gmt":"2025-05-22T11:10:54","slug":"reservation-terms-and-conditions","status":"publish","type":"page","link":"https:\/\/rosessailing.com\/en\/reservation-terms-and-conditions\/","title":{"rendered":"Reservation Terms and Conditions"},"content":{"rendered":"<p>&nbsp;<\/p>\n<h3 style=\"text-align: center;\">ROSES SAILING \u2013 BOOKING TERMS AND CONDITIONS \u2013 BAREBOAT CHARTER<\/h3>\n<p>&nbsp;<\/p>\n<ol>\n<li style=\"text-align: left;\"><em><em>General provisions<\/em><\/em>\n<ul>\n<li style=\"text-align: left;\">These Terms and Conditions constitute the entire agreement between Roses Sailing (\u201cRS\u201d) and the person(s) chartering the boat (\u201cCharterer\u201d), collectively \u201cthe parties\u201d, for a bareboat charter, concerning the rights and responsibilities of both parties. By paying the deposit for the charter proposal, the Charterer accepts the terms set out in this document. <\/li>\n<\/ul>\n<\/li>\n<li><em><em>Payment terms<\/em><\/em>\n<ul>\n<li>a. 35% of the charter price upon confirmation of the booking.<\/li>\n<li>b. 65% of the charter price, plus all booked extras, 45 days before embarkation. <\/li>\n<\/ul>\n<\/li>\n<li>Handover of the boat<br \/>RS will hand over the boat to the Charterer only subject to the following conditions:\n<ul>\n<li>a. Once the Charterer has paid in full any outstanding balance or security deposit.<\/li>\n<li>b. Both parties must sign the boat handover statement (inventory), specifying the condition of the boat and its equipment. <\/li>\n<li>c. The Charterer must provide the following documents:\n<ul>\n<li>A copy of the Charterer\u2019s identity card or passport.<\/li>\n<li>A copy of the boating licence.<\/li>\n<li>A list of the charter crew members, including their names and addresses.<\/li>\n<\/ul>\n<\/li>\n<li>d. If RS considers that the sailing experience of the Charterer and their crew is inadequate, RS may terminate this contract and retain the charter fee and the charges for optional extras, or, if a skipper is available, place the skipper on board for as long as RS considers necessary for the safety of the boat and its passengers. The skipper\u2019s fees shall be borne by the Charterer. The Charterer may not dismiss the skipper before the end of the charter without RS\u2019s consent. If no skipper is available for the charter, the Charterer will be allowed to use the boat while moored at the dock.    <\/li>\n<\/ul>\n<\/li>\n<li><em><em>Return of the boat<\/em><\/em>\n<ul>\n<li>a. The boat must be returned to the final port on the date and at the time specified in the lessor\u2019s invoice.<\/li>\n<li>b. If the return of the boat is delayed by force majeure, as defined below, the boat shall be returned as soon as possible thereafter. In the meantime, the terms of the agreement shall remain in force, without any penalty or additional charge to the Charterer. <\/li>\n<li>c. In the event of a late return, the Charterer agrees to pay RS the pro rata charter rate plus 50%. Any day commenced beyond the charter period will count as a full day. If the Charterer abandons the boat anywhere other than the specified final port, the Charterer agrees to pay RS all costs and charges incurred in returning the boat to that port, together with compensation at the pro rata charter rate for the number of days required to sail it back to base. Abandonment means leaving the boat for a period of more than 12 hours.    <\/li>\n<li>d. If the Charterer fails to return the boat to the owner at the final port because of an intentional delay or a change of itinerary, the Charterer agrees to pay RS the pro rata charter rate plus 50%. Any day commenced beyond the charter period will count as a full day. If the delay exceeds twenty-four hours, the Charterer shall be liable to compensate the owner for any loss or damage suffered as a result of being deprived of the use of the boat, or of the cancellation or delayed handover of the boat under any subsequent charter.   <\/li>\n<\/ul>\n<\/li>\n<li><em><em>RS warranties and procedures<\/em><\/em>\n<ul>\n<li>a. RS represents, warrants and undertakes that, at the time of handover, the boat will comply with all applicable laws and regulations of its flag state and of any country within the cruising area, including, without limitation, laws and regulations governing charters and any documentation, registration or customs laws or regulations, so that the boat may lawfully be used by the Charterer as set out below. RS also undertakes to provide the Charterer with a boat in good working order.<\/li>\n<li>b. Check-in for the handover and explanation of the boat will begin at the charter start time. The Charterer may use the boat freely once they have received the technical briefing, signed the handover document and received all the boat\u2019s documents.  <\/li>\n<li>c. A free berth at the boat\u2019s home port is provided on the first and last days of the charter. <\/li>\n<li>d. RS undertakes to respond to any claim received no later than one month after the return from the charter. <\/li>\n<\/ul>\n<\/li>\n<li><em><em>Charterer\u2019s representations and warranties<\/em><\/em>\n<ul>\n<li>If the Charterer or a crew member is to operate the boat, the Charterer represents and warrants that they have the experience and, where applicable, the licence, and are competent to handle and operate a boat of the type referred to in this agreement. The Charterer also warrants that they have sufficient practical experience and knowledge of seamanship, pilotage and navigation rules to exercise full command of the boat. During the charter period, the Charterer shall allow the boat to be operated only by persons qualified to do so. The Charterer shall promptly complete the \u201cSailing R\u00e9sum\u00e9\u201d.  <\/li>\n<\/ul>\n<\/li>\n<li><em><em>Charterer\u2019s responsibilities<\/em><\/em>\n<ul>\n<li>a. At check-in and before signing the inventory checklist, the Charterer shall verify that the boat and its equipment are in good working order and meet a minimum standard. At this time, the Charterer may record with RS anything they consider inconsistent with, or below, the standards set out in their invoice. Acceptance by the Charterer confirms that RS\u2019s handover obligations have been fulfilled.  <\/li>\n<li>b. From the time of handover, the Charterer and their crew shall be fully responsible for the boat and for any damage to property or injury to persons that may occur, including third parties. Where RS has provided a skipper, the Charterer remains responsible for the boat and for the conduct and welfare of the crew.  <\/li>\n<li>c. The Charterer agrees to be responsible for all crew and passengers on board and to bind them to the terms set out herein. <\/li>\n<li>d. The Charterer shall be responsible for all maintenance of the boat during the charter and shall pay all running expenses incurred after handover, such as mooring fees, local taxes, diesel, water and food. <\/li>\n<li>e. If outside assistance is required because of problems with the boat, the Charterer must notify RS immediately before incurring any such expense, unless delay would create a risk of personal injury or significant property damage. The Charterer shall retain all invoices and receipts relating to repairs, which RS shall reimburse on the return date or as soon as possible. The Charterer shall take all reasonable steps to avoid the boat being towed by another vessel. However, if towing is necessary despite all reasonable efforts, the Charterer agrees to negotiate and agree the towing price with the other vessel\u2019s captain before the operation begins.   <\/li>\n<li>f. In the event of an accident involving another vessel, the Charterer must contact RS immediately and follow RS\u2019s instructions, regardless of whether the Charterer has damaged RS\u2019s boat and\/or another vessel. <\/li>\n<li>g. The Charterer agrees to carry no more than the number of passengers permitted by the boat\u2019s safety rules. The Charterer agrees not to carry goods or passengers for payment or engage in any other commercial activity, such as professional fishing. Lending or subletting the boat is prohibited.   <\/li>\n<li>h. The Charterer agrees to use the boat responsibly and to comply with all laws of the islands, including regulations concerning fishing and offshore fishing. The Charterer shall hold RS harmless from any and all claims and legal actions arising in connection with this Contract as a result of failure to comply with those rules and regulations.  <\/li>\n<li>i. The Charterer acknowledges that boats may participate only in certain regattas approved by RS. Participation in a regatta may be subject to a higher security deposit. Participation in regattas not approved by RS is strictly prohibited.  <\/li>\n<li>j. The boat must be returned with all onboard equipment in the same good condition as at departure, clean and on the end date, at the time and at the final port specified in the contract. If the boat is returned without a full fuel tank, a charge of \u20ac200 will apply in addition to the cost of the fuel.  <\/li>\n<li>k. The Charterer agrees to pay for any loss or damage not covered by insurance that may occur on or to the boat until its return. The Charterer remains fully responsible for the boat until the return inventory has been signed and final disembarkation has taken place.  <\/li>\n<li>l. The Charterer agrees to remain within the approved cruising area as specified by RS and\/or by law. The Charterer undertakes not to leave the mooring in winds above force 6, if that wind strength is forecast, or if the port authorities have prohibited navigation; if the boat is damaged and has not been repaired; if any vital equipment, such as the engine, sails, rigging, bilge pump, navigation lights, mooring gear, compass or safety equipment, is not in good condition; if fuel reserves are insufficient; or if, in general, the weather, the boat\u2019s condition or the crew\u2019s condition endangers the boat or the crew. The Charterer agrees to follow any navigation and routing instructions given by RS, particularly in bad weather. The Charterer agrees not to sail after dark without RS\u2019s express permission. The Charterer agrees to make daily log entries recording the destination port, the condition of the boat and crew, any crew changes, successive positions\/locations, weather conditions, sails used and engine running hours. Any likeness or image of the Charterer or their party aboard the insured charter boat during the charter may be used by RS free of charge in any media for bona fide promotional or marketing purposes, including promotional materials of any kind, such as brochures, slides, video programmes, advertisements and the Internet.\n<p>Note: Charters are NOT authorised to sail to the islands unless previously agreed with the base manager.<\/p>\n<p>Security deposit \/ Deduction from the deposit. The boats carry insurance covering damage to third parties. However, theft or loss of the Charterer\u2019s personal belongings, all persons on board and any accidents they may suffer are excluded from the scope of this insurance. In the event of any damage, including damage to third parties, or theft, the Charterer must submit a sea protest\/report, including, where necessary, a statement with the third party\u2019s response and the full contact details of the third parties and their insurers, and must notify the operator immediately. Failure to do so is covered by the provisions of Article 13, \u201cWilful breach\u201d. The insurance cover taken out by the operator includes an excess to be borne by the Charterer. The Charterer therefore remains their own insurer for any loss or damage of any kind, including damage to third parties, not covered by insurance, up to the deposit amount specified in the contract\u2019s special conditions. In all cases, the minimum security deposit defined in the contract\u2019s specific conditions remains the Charterer\u2019s responsibility.             <\/li>\n<\/ul>\n<\/li>\n<li><em><em>Contract cancellation and changes<\/em><\/em>\n<ul>\n<li>a. If the Charterer cancels more than 60 days before the original charter start date, they will forfeit their 35% deposit. If the Charterer has already paid for optional extras, RS will refund those charges. <\/li>\n<li>b. If the Charterer cancels 59 days or less before the original charter start date, they will forfeit the full charter fee paid to date. If the Charterer has already paid for optional extras, RS will refund those charges unless cancellation occurs within seven days before departure. If cancellation occurs within those seven days, payments for optional extras will not be refunded.   <\/li>\n<li>c. The Charterer may take out travel insurance to cover any loss they may incur in relation to the charter if it is cancelled before departure. <\/li>\n<li>d. Changes to the dates and\/or the booked boat are subject to the prices in force at the time. <\/li>\n<\/ul>\n<\/li>\n<li><em><em>Force majeure<\/em><\/em>\n<ul>\n<li>a. RS shall not be liable for any loss, damage, delay or failure to perform under this agreement resulting from an event of force majeure, including, without limitation, acts of God, fire, the action of the elements, epidemics, war (whether declared or not), acts of war, insurrection, revolution or civil unrest, piracy, civil war or hostile action, strikes or labour disputes, acts of a public enemy, federal or state laws, rules and regulations of any governmental authority having or asserting jurisdiction over the premises, or of any other group, organisation or informal association (whether or not formally recognised as a government), and any other cause beyond RS\u2019s reasonable control that makes continued operations impossible.<\/li>\n<li>b. In the event of a delay or failure to perform due to one of the events described above:\n<ul>\n<li>i. All payments made for the charter will be applied as credit towards a future charter. No refunds will be provided. <\/li>\n<li>ii. RS will work with the Charterer to arrange a new charter of a different boat acceptable to the Charterer, in a new location or on new dates, or both, subject to availability and the Charterer\u2019s preference. If the parties cannot book a new charter at that time, the Charterer\u2019s deposit will remain as credit with RS and will never expire.  <\/li>\n<li>iii. RS shall not be liable for any additional costs incurred by the Charterer as a result of changes to their charter due to an event of force majeure. <\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<\/li>\n<li><em><em>Other delays<\/em><\/em>\n<ul>\n<li>a. If, on the departure date, the booked boat or an equivalent boat is unavailable for a reason other than an event of force majeure, the Charterer is entitled to the following options, where possible:\n<ul>\n<li>i. Where available, postpone the departure date and retain the duration of the charter;<\/li>\n<li>ii. Retain the charter end date stated on the invoice, with the Charterer receiving a refund for the time during which the boat was unavailable, calculated pro rata at the charter rate. <\/li>\n<li>iii. If the delay exceeds one quarter of the charter period, the Charterer may cancel the contract with RS and receive a refund of the charter fee. <\/li>\n<\/ul>\n<\/li>\n<li>b. The Charterer waives any and all claims, damages, debts, liabilities, demands, costs, expenses, interest, legal actions and\/or legal fees arising from a delay in the charter. <\/li>\n<li>c. Any interrupted or shortened charter, or any service not used by the Charterer for any reason, is non-refundable. <\/li>\n<\/ul>\n<\/li>\n<li><em><em>Miscellaneous<\/em><\/em>\n<ul>\n<li>a. Applicable law: Any legal action arising under or in connection with this contract shall be adjudicated in Figueras, Girona.<\/li>\n<li>b. Maritime liens: The Charterer shall not incur or permit any maritime lien, salvage claim or debt against the boat or RS\u2019s credit. The Charterer shall not abandon the boat or enter into any salvage agreement without RS\u2019s prior written consent. The Charterer shall indemnify and hold RS harmless against any liability for maritime liens, salvage claims or debts against the boat or RS\u2019s credit arising from any act or omission by the Charterer.   <\/li>\n<\/ul>\n<\/li>\n<li><em><em>Wilful breach of contractual provisions<\/em><\/em>\n<ul>\n<li>If the Charterer or their crew intentionally breaches any specific or general provision of this contract and this results in proven damage to Roses Sailing, they shall be liable for:\n<ul>\n<li>a. Damage not covered by the insurance taken out by RS, including in the event of the total loss of the boat.<\/li>\n<li>b. Three times the contractual deposit, with any contractual option to reduce that deposit cancelled in the event of damage caused by the Charterer. <\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<\/li>\n<\/ol>\n","protected":false},"excerpt":{"rendered":"<p>&nbsp; ROSES SAILING \u2013 BOOKING TERMS AND CONDITIONS \u2013 BAREBOAT CHARTER &nbsp; General provisions These Terms and Conditions constitute the entire agreement between Roses Sailing (\u201cRS\u201d) and the person(s) chartering the boat (\u201cCharterer\u201d), collectively \u201cthe parties\u201d, for a bareboat charter, concerning the rights and responsibilities of both parties. By paying the deposit for the charter [&hellip;]<\/p>\n","protected":false},"author":4,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_joinchat":[],"footnotes":""},"class_list":["post-2858","page","type-page","status-publish","hentry"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v28.6 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Reservation Terms and Conditions - Roses Sailing<\/title>\n<meta name=\"description\" content=\"Read our reservation terms and conditions for a smooth booking experience when planning your sailing adventure with Roses Sailing.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/rosessailing.com\/en\/reservation-terms-and-conditions\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Reservation Terms and Conditions - 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