1. About us and our role
Sailing Dreams Charters S.L., CIF B-63439509, [registered address], Marina Port Vell, 08039 Barcelona, Spain (“Sailing Dreams”, “we”) is a yacht charter agency and charter house. The yachts we offer are listed on the Booking Manager charter platform and are owned and operated by independent third-party charter operators (each an “Operator”). Unless we expressly state otherwise in your booking confirmation, we act as agent for the Operator: we arrange the charter, take payment on the Operator’s behalf and look after you before, during and after your holiday, but the charter contract for the yacht is concluded between you and the Operator on the Operator’s standard charter agreement (for crewed luxury yachts, usually a MYBA-form agreement), which we will send you before you pay. Skipper, chef and hostess services are arranged by us with professional freelance crew or with the Operator.
2. Enquiries, quotes and options
The Site’s search shows indicative availability and “from” prices supplied by the platform; they are not binding until confirmed by us in writing. On request we place a free option on a yacht for a limited period (typically 3–7 days) while you decide. Quotes are valid for the period stated in them.
3. Booking and payment
- A booking is confirmed when we receive your signed booking form (and, where applicable, the Operator’s charter agreement) and a deposit of 50% of the charter price.
- The balance is due 30 days before the start of the charter. For bookings made within 30 days of departure, the full price is payable at booking.
- Prices are in euros and include Spanish VAT where applicable. Unless stated otherwise they exclude fuel, berthing away from base, provisioning, skipper and crew fees, transit logs, tourist taxes, and the security deposit or APA described below.
- Payment is by bank transfer or card; card payments may carry a processing fee stated at the time. If any payment is not received when due we may treat the booking as cancelled by you.
4. Cancellation — bookings are firm
All bookings are firm and non-cancellable. The deposit and, once paid, the balance are non-refundable if you cancel or do not take up the charter for any reason, including illness, travel disruption or change of plans, and whether the cancellation is made before or after the balance date. If you cancel before the balance is due, the balance remains payable. This reflects the fact that the yacht is withdrawn from sale on your behalf and the Operator’s own conditions.
We therefore strongly recommend that you take out travel insurance including charter cancellation cover as soon as you book. We can suggest specialist providers.
Where the law grants you rights that cannot be excluded, those rights are unaffected. If we or the Operator cancel your charter other than for your breach or force majeure, you will be offered a comparable yacht or a full refund of sums paid to us.
5. Changes and substitution
Requests to change dates, yacht or destination are treated as a cancellation and new booking unless the Operator agrees otherwise. If the yacht becomes unavailable through breakdown, damage, sale or other cause beyond our reasonable control, we or the Operator will offer a yacht of equivalent or superior standard; if none is available, you will receive a full refund of sums paid to us, which is the limit of our liability in that event.
6. Security deposit and APA
For bareboat and most skippered charters the Operator requires a refundable security deposit, the amount of which depends on the yacht and is stated in your quote. It is paid or blocked (usually by card) at check-in and returned at check-out less the cost of any loss, damage or extras, up to the deposit amount; you remain liable for damage above the deposit caused by negligence or breach. Optional deposit-reduction insurance may be offered. Fully crewed luxury charters instead operate an Advance Provisioning Allowance (APA), typically 25–35% of the charter fee, covering fuel, food and drink, berthing and running costs, accounted for at the end with any balance refunded.
7. Bareboat charters — licences and competence
The charterer or nominated skipper must hold a valid licence recognised in Spain (ICC, RYA Day Skipper or higher, PER, or equivalent) and have experience appropriate to the yacht and area, and must present the original documents at check-in. The Operator may refuse handover, or require a professional skipper at your cost, if the qualifications or evident competence are inadequate; no refund is due in that case. The skipper is responsible for the yacht, crew and guests, for complying with maritime and port regulations and the Operator’s cruising limits, and for the yacht’s safe navigation.
8. Skippered and crewed charters — the captain’s authority
On skippered and crewed charters the professional skipper or captain has final authority over the yacht’s navigation, itinerary and safety, including decisions taken because of weather or sea state. Itineraries are indicative and may change; no refund is due for changes, delays or curtailment caused by weather or safety considerations. Guests must follow the crew’s reasonable instructions.
9. Check-in, check-out and your obligations
Charters normally run Saturday to Saturday in high season, with check-in from the afternoon and check-out by the stated morning time. You must return the yacht to the agreed base at the agreed time, in the condition received (fair wear and tear excepted), with the agreed fuel level. Late return, unauthorised change of base, sub-chartering, carrying more persons than the yacht’s licensed capacity, racing, towing, night sailing without permission, and use for any unlawful purpose are prohibited. You are responsible for the conduct of your party and for damage they cause. Pets are permitted only with the Operator’s prior written consent.
10. Insurance
Operators’ yachts carry hull and third-party liability insurance as required by Spanish law; the security deposit corresponds broadly to the policy excess. This insurance does not cover your personal belongings, personal accident, medical costs, cancellation or curtailment — you should insure these yourself.
11. Liability
Where we act as agent, our liability is limited to the proper performance of our agency services; the Operator is responsible for the yacht, its equipment and the performance of the charter contract, and the crew for the services they provide. Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, or for any liability that cannot lawfully be limited. Subject to that, our total liability to you in connection with a booking is limited to the amounts you have paid to us for it, and we are not liable for indirect or consequential loss.
12. Force majeure
Neither we nor the Operator are liable for failure or delay caused by events beyond reasonable control, including extreme weather, port closures, strikes, epidemics, governmental action or acts of third parties. Where such an event prevents the charter, the remedies in clause 5 apply.
13. Complaints
If something is wrong during your charter, tell the skipper or Operator’s base immediately and contact us on +34 628 122 278 so it can be put right on the spot; problems reported only after the charter are difficult to remedy. Written complaints may be sent to info@sailingdreams.com within 14 days of the end of the charter. Official complaint forms (hojas de reclamaciones) are available on request as required by Catalan and Spanish consumer law.
14. Website use and content
The Site’s content is provided for information; while we take care over it, availability, prices and yacht specifications may change and are confirmed only in writing. All text, images, logos and design are owned by us or licensed to us and may not be reproduced without permission. Yacht photographs may show sister ships or optional equipment.
15. Law, jurisdiction and dispute resolution
These Terms are governed by Spanish law. Consumers resident in the EU may bring proceedings in the courts of their place of residence or of Barcelona; otherwise the courts of Barcelona have exclusive jurisdiction. Consumers may also use the European Commission’s online dispute resolution platform at ec.europa.eu/consumers/odr, or the Catalan consumer arbitration system (Junta Arbitral de Consum de Catalunya). If any clause is found invalid the remainder continues to apply. In case of conflict between the English and Spanish versions of these Terms, the Spanish version prevails.