Body, Mind & Sail

Charter Terms & Conditions

1. Booking

A booking is confirmed once:

• the booking agreement has been accepted;

• these Terms & Conditions have been accepted; and

• the required booking deposit has been received.

The person making the booking confirms that they are authorised to accept the booking agreement and these Terms & Conditions on behalf of all guests included in the booking.

2. Payment

A booking deposit of 30% of the agreed charter price is required to secure the booking.

The remaining balance is due no later than 30 days before embarkation.

The Advance Provisioning Allowance, referred to as the APA, must be paid no later than seven days before embarkation, unless otherwise agreed in writing.

For bookings made within 30 days of embarkation, the full charter price is payable at the time of booking.

Failure to make a payment within the agreed period may result in cancellation of the booking.

3. Advance Provisioning Allowance

The APA is an advance payment used to cover variable charter expenses, including but not limited to:

• groceries and beverages;

• fuel;

• marina, harbour and mooring fees;

• water;

• laundry or additional cleaning;

• local transport or provisioning costs; and

• other operational expenses agreed with the guest.

Body, Mind & Sail will keep a record of expenses paid from the APA.

At the end of the charter, any unused amount will be refunded to the guest. If the expenses exceed the APA, the outstanding amount must be paid before disembarkation.

The APA is not part of the charter fee and must be settled separately from the charter price.

4. Included in the Charter

Unless otherwise stated in the booking confirmation, the charter price includes:

• use of the yacht during the agreed charter period;

• accommodation in the agreed cabins;

• the services of the skipper;

• use of standard onboard equipment;

• use of the tender and outboard engine;

• bed linen and towels; and

• final cleaning.

The Host Package, meals, yoga, meditation, massage, hypnotherapy, retreat sessions and other optional services are included only when specifically mentioned in the booking confirmation.

5. Security Deposit and Guest Insurance

We do not require a security deposit if the guest has valid travel insurance that covers personal liability and accidental damage during the charter.

Body, Mind & Sail may request proof of this insurance before embarkation.

It is the guest’s responsibility to verify that the insurance also covers damage involving a chartered or rented vessel.

If the guest does not have suitable insurance, Body, Mind & Sail may require an agreed security deposit before embarkation.

If damage is not covered by the guest’s insurance and results from negligence, misuse or intentional misconduct, the responsible guest may be held liable for the resulting costs.

Normal wear and tear and damage resulting solely from equipment failure are not the responsibility of the guest.

6. Damage and Conduct on Board

Guests are expected to treat the yacht, its equipment and all personal property on board with reasonable care.

Guests must follow all reasonable safety instructions given by the skipper or crew.

The person making the booking is responsible for informing all members of their group about these Terms & Conditions and the onboard safety rules.

Any damage, defect or loss must be reported to the skipper as soon as possible.

7. Embarkation and Disembarkation

The agreed embarkation and disembarkation locations and times will be stated in the booking confirmation.

Guests are responsible for arriving at the embarkation location on time.

Late arrival does not automatically extend the charter period or entitle the guest to a refund.

Guests must leave the yacht by the agreed disembarkation time so that the yacht can be cleaned, maintained and prepared for the next charter.

Any requested change to the embarkation or disembarkation location may be subject to:

• weather and sailing conditions;

• operational feasibility;

• availability;

• additional sailing time; and

• a relocation fee.

8. Weather, Safety and Itinerary

Safety is always the highest priority.

The skipper has final authority regarding:

• the sailing route;

• destinations;

• departure and arrival times;

• anchoring locations;

• harbour or marina stays;

• use of sails and equipment; and

• whether sailing, swimming or other activities can safely take place.

All published or proposed itineraries are examples only.

The itinerary may be changed due to:

• weather or sea conditions;

• port restrictions;

• technical or safety considerations;

• guest preferences;

• medical situations; or

• instructions from local authorities.

A change of route, destination, marina or anchorage for safety or weather-related reasons does not by itself entitle the guest to compensation or a refund.

9. Cancellation by the Guest

For cancellations made more than 60 days before embarkation, payments will be refunded minus an administration fee of €250.

For cancellations made between 30 and 60 days before embarkation, the 30% booking deposit is non-refundable.

For cancellations made less than 30 days before embarkation, the full charter price is payable and non-refundable.

The APA will be refunded insofar as it has not already been used for purchases, reservations or preparations that cannot be cancelled or refunded.

If Body, Mind & Sail is able to rebook the cancelled charter period, we will make reasonable efforts to provide an additional refund after deducting:

• administration costs;

• payment-processing costs;

• discounts required to secure the replacement booking; and

• costs already incurred.

Guests are strongly advised to obtain appropriate cancellation insurance.

10. Changes Requested by the Guest

Requests to change the dates, locations, number of guests or booked services must be made in writing.

Changes are subject to availability and operational feasibility.

Additional costs resulting from a requested change may be charged to the guest.

A requested change is not confirmed until it has been accepted in writing by Body, Mind & Sail.

11. Cancellation by Body, Mind & Sail

If Body, Mind & Sail must cancel the charter because it cannot reasonably or safely be operated, the guest will be offered one of the following:

• rescheduling to another mutually agreed date;

• a suitable replacement arrangement, where available; or

• a refund of the amounts paid to Body, Mind & Sail for services that cannot be provided.

This may apply in situations such as:

• serious technical failure;

• serious illness or incapacity of essential crew;

• damage to the yacht;

• legal or governmental restrictions; or

• circumstances making the charter unsafe or impossible.

Except where mandatory law provides otherwise, Body, Mind & Sail is not responsible for indirect expenses such as flights, hotels, taxis, ferries or other travel arrangements booked separately by the guest.

12. Force Majeure

Body, Mind & Sail is not liable for delay, alteration or failure to perform caused by circumstances beyond its reasonable control.

Such circumstances may include:

• extreme weather;

• natural disasters;

• wildfire;

• earthquake;

• pandemic or epidemic;

• war or civil unrest;

• strikes;

• government restrictions;

• port closures;

• navigation restrictions;

• rescue operations; or

• serious disruption to transport or essential services.

Body, Mind & Sail will make reasonable efforts to offer a practical alternative where possible.

Any rights the guest has under mandatory consumer or travel law remain unaffected.

13. Travel Documents and Transportation

Guests are responsible for arranging and carrying all required:

• passports;

• visas;

• entry documents;

• health documentation;

• flight and ferry reservations; and

• transportation to and from the yacht.

Body, Mind & Sail is not responsible for missed flights, ferries or other transportation caused by late arrival, weather, traffic, strikes or other external circumstances.

Guests should allow sufficient time between disembarkation and any onward travel arrangements.

14. Travel and Cancellation Insurance

Guests are strongly advised to obtain suitable travel insurance before making final travel arrangements.

The insurance should preferably cover:

• cancellation;

• medical treatment;

• emergency repatriation;

• missed departure;

• baggage and personal belongings;

• personal liability; and

• accidental damage during the charter.

Guests are responsible for checking the scope, exclusions, conditions and coverage limits of their insurance policy.

15. Health and Medical Information

Guests must inform Body, Mind & Sail before departure of any relevant:

• medical condition;

• mobility limitation;

• allergy;

• dietary requirement;

• pregnancy;

• mental health condition;

• medication; or

• other circumstance that may affect participation or safety.

Guests are responsible for bringing any required medication.

Body, Mind & Sail may decline or limit participation in an activity where there is a reasonable safety concern.

The skipper may seek medical assistance, visit a harbour or alter the route in the event of illness or injury.

Any resulting third-party medical, transport or harbour expenses may be charged to the guest or paid from the APA.

16. Participation in Activities

Participation in sailing, swimming, snorkelling, paddleboarding, yoga, meditation, breathwork, massage, hypnotherapy and other activities is voluntary.

Guests must act responsibly and follow the instructions of the skipper, host or activity provider.

Guests are responsible for deciding whether they are physically and mentally able to participate.

Wellness activities, meditation, massage and hypnotherapy are not intended to replace medical, psychological or psychiatric diagnosis or treatment.

17. Children and Minors

Guests under 18 years of age must be accompanied and supervised by a parent or legal guardian.

Parents or guardians remain responsible for the conduct, safety and supervision of minors throughout the charter.

The skipper may require children to wear lifejackets or follow additional safety instructions.

18. Alcohol, Smoking and Drugs

Responsible alcohol consumption is permitted where it does not compromise safety or disturb other guests.

The skipper may prevent a guest from participating in sailing, swimming or other activities if alcohol or substance use creates a safety risk.

Illegal drugs are strictly prohibited on board.

Smoking is not permitted inside the yacht.

Smoking outside is permitted only in designated areas and with the skipper’s approval.

19. Personal Belongings

Guests remain responsible for their own personal belongings.

Body, Mind & Sail is not liable for loss, theft or damage to luggage, electronics, jewellery, documents or other personal property, except where liability cannot legally be excluded.

Guests are advised to travel with soft luggage because storage space on board is limited.

20. Toilets, Plumbing and Onboard Equipment

Guests must follow all instructions regarding the use of marine toilets, plumbing, electrical equipment and other onboard systems.

Unless specifically instructed otherwise, nothing may be placed in the marine toilets except human waste.

This means that toilet paper, wipes, sanitary products and other objects must not be flushed.

Guests may be charged for repair costs resulting from improper use, negligence or failure to follow instructions.

21. Respectful Behaviour

Body, Mind & Sail aims to provide a safe, respectful and welcoming environment.

Discrimination, harassment, violence, threatening behaviour or serious disruption will not be accepted.

The skipper may require a guest to leave the yacht if their behaviour:

• endangers the yacht, crew or other guests;

• seriously disrupts the charter;

• repeatedly ignores safety instructions; or

• involves illegal activity.

In serious cases, the charter may be terminated without a refund. Any resulting transport or accommodation costs are the responsibility of the guest.

22. Photography and Media

Photographs or videos may occasionally be taken during the charter.

Body, Mind & Sail will ask permission before publishing images or recordings in which a guest is clearly identifiable.

Guests may withdraw their permission for future use by contacting Body, Mind & Sail in writing.

Withdrawal of permission does not affect material that was lawfully published before permission was withdrawn.

23. Complaints

Guests should report any problem or complaint to the skipper or host as soon as possible during the charter.

This gives Body, Mind & Sail a reasonable opportunity to investigate and resolve the issue.

Any unresolved formal complaint should be submitted in writing within 14 days after disembarkation.

The complaint should include all relevant details and supporting information.

24. Liability

Body, Mind & Sail will take reasonable care when providing the agreed services.

Nothing in these Terms & Conditions excludes or limits liability where exclusion or limitation is prohibited by law.

Subject to mandatory law, Body, Mind & Sail is not liable for loss resulting from:

• the guest’s own actions or negligence;

• failure to follow safety instructions;

• the actions of an unrelated third party;

• inaccurate or incomplete information supplied by the guest;

• separately booked travel arrangements; or

• unavoidable and extraordinary circumstances.

Any limitation of liability applies only to the extent legally permitted.

25. Third-Party Services

Body, Mind & Sail may assist with or recommend services provided by third parties, such as:

• taxis;

• ferries;

• restaurants;

• marinas;

• massage practitioners;

• instructors; or

• activity providers.

Unless specifically stated otherwise, these third parties operate independently and may have their own terms and conditions.

Body, Mind & Sail is not responsible for the performance of independent third-party services, except where mandatory law provides otherwise.

26. Privacy

Personal information will be used only where reasonably necessary to:

• process and administer the booking;

• communicate with guests;

• provide the charter and booked services;

• meet legal or safety obligations; and

• manage payments and business records.

Medical and dietary information will be handled confidentially and shared only where reasonably necessary for safety or service delivery.

27. Governing Law and Disputes

These Terms & Conditions are governed by Dutch law, unless mandatory consumer, maritime or local law requires otherwise.

The parties will first attempt to resolve any disagreement through direct communication and reasonable negotiation.

If no resolution can be reached, the dispute may be submitted to the competent court, subject to any mandatory rights the guest has to bring proceedings in another jurisdiction.

28. Severability

If any provision of these Terms & Conditions is found to be invalid or unenforceable, the remaining provisions will continue to apply.

29. Acceptance

By confirming the booking and paying the required booking deposit, the person making the booking confirms that:

• they have read and accepted these Terms & Conditions;

• they are authorised to accept them on behalf of all guests included in the booking;

• the information supplied is accurate and complete; and

• all guests will follow reasonable safety instructions during the charter.