What Am I Covered for?

We will provide a refund of the Charter Fee paid by the Charterer(s) (up to a maximum value of €10,000) for the Charter should the Charterer(s) be unable to attend, solely as a direct result of

• incapacity of the Charterer(s) caused by an Accident, Bodily Injury or Sickness or a personal medical emergency before the Commencement Date of the Charter.

• incapacity of a Dependent through Accident, Bodily Injury or Sickness first commencing before the Commencement Date of the Charter necessitating the support of the Charterer(s).

• death of the Charterer(s).

• death of a member of the Charterer(s)’ Immediate Family within thirty (30) days before the date of the Charter.

• Adverse Weather preventing the Charterer(s)’ safe travel to the location of the point of embarkation of the Charter.

• the Charterer(s)’ inability to attend due to being a member of the armed forces who is unexpectedly called to duty.

• the unavoidable requirement for the Charterer(s) to remain at home due to serious damage to the Charterer(s)’ home or place of business caused by fire, aircraft, explosion, storm, flood, subsidence, earthquake, falling trees, burst pipes, lightning, malicious persons or theft within 3 days before the Commencement Date

• the unavoidable requirement of the Charterer(s) to perform Jury Service where the Jury Summons was first received by the Charterer(s) after the date of signing the Charter Agreement.

• the Charterer(s) being summoned to appear at court proceedings as a witness where the witness summons was first received by the Charterer(s) after the date of signing the Charter Agreement.

• the Charterer(s) having been ordered to Self-Isolate, having registered a positive test result for COVID-19.

• the inability of the Charterer to embark on their Charter due to a government-mandated travel ban in the Charterer(s)’ home region/country being implemented in relation to COVID-19 after the date of signing the Charter Agreement preventing the travel of the Charterer(s) to where the Charter is taking place.

• the inability of the Charterer to embark on their Charter due to the unavailability of the vessel as a result of the vessel owner/fleet operator becoming insolvent.

What Am I Not Covered For?

Yacht Charter Cancellation Protection does not cover any refund application for or resulting from:

• refunds in respect of the cancellation of a Charter by the Charter Company/ Agency or the vessel owner or an Abandoned Charter.

• closure of the yacht charter facility.

• reimbursement of the Yacht Charter Cancellation Protection fee charged by the Charter Company/Agency.

• Any Known Circumstance, being in the public domain, at the time of the yacht charter purchase, that prevents the Charterer(s) from embarking on their booked Charter.

• National Mourning.

• death, Bodily Injury or Sickness of the Charterer(s) directly or indirectly caused by a criminal act committed by the Charterer(s).

• failure of the Charterer(s) in the event of Bodily Injury or Sickness to consult a duly qualified medical practitioner and comply with the medical advice given by the medical practitioner.

• Charterer(s) not attending the Charter due to fear of contracting COVID-19.

• Charterer(s)’ Self-Isolation that has been entered into without a positive COVID-19 test result.

• Fear of, or actual or threatened war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power, confiscation, nationalisation, requisition, or destruction of or damage to property by or under order of any government or public or local authority.

• Cancellation of any Charter Agreement due to any circumstance that is within the Charterer(s)’ control including fear of piracy, fear of orca attacks.

• Charterer(s)’ failing to observe and comply with the requirements of any law, ordinance, court or regulatory body of whatever jurisdiction.

• Charterer(s)’ lack of care, diligence or prudent behaviour.

• a situation the Charterer(s) was aware of at the time of purchase

• inability to gain or maintain a Visa in or denial of entry to the country the Charter is scheduled to take place, howsoever caused.

• fraud, misrepresentation or concealment by the Charterer(s).

• financial failure of or financial default by anyone.

• any additional costs incurred by you in relation to your refund application.

• any reason not listed in “What am I covered for?”

How to Apply for a Refund & Supporting Documents Required

Refund requests should be submitted online at https://yachtrefunds.com/ within sixty (60) days of the occurrence of the cause of cancellation. However, we should point out that the Yacht Charter Cancellation Protection covers a list of circumstances in which you may apply for a refund and we are unable to consider any circumstances that are not listed.

You will be asked to provide evidence to support your request for a refund including, but not limited to:

• a copy of the charter agreement.

• receipts/proof of payment for instalments paid to the charter company.

• proof the charter has been cancelled with the charter company.

• a doctor’s certificate or hospital letter confirming the dates and nature of your incapacity/illness.

• a copy of the death certificate, order of service or obituary notice.

• a copy of your summons for jury service.

• web links from a reputable national news outlet detailing the circumstances surrounding the request for a refund.

• confirmation from a government office detailing the Adverse Weather or web links from a reputable national news outlet.

• a building’s insurer/loss adjuster's report or report from the emergency services which clarifies the nature and extent of the damage.

• official armed forces document.

• any reasonable additional evidence you are asked for.

General Conditions

• This protection commences at the date of purchase of the Yacht Charter Cancellation Protection and ceases at the commencement date of the charter.

• Any fraud, misstatement, concealment or negligent statement in the information provided in the making of a refund application shall render the application voidable by Secure Refunds Limited.

• Any and all refund payments due under the terms and conditions of the Yacht Charter Cancellation Protection may be made payable to a third party(s) as directed by the Lead Charterer. Payment of such refunds shall be a sufficient and complete discharge of all of the obligations to the Charterer(s) in connection with said refund application(s).

• If one or multiple members of the charter party can no longer attend the charter due to one of the reasons listed under the “What am I Covered For” section, but the remainder of the charter party is still attending the charter, the affected member(s) can can submit a claim for their portion of the Charter Fee paid. In this instance the portion of the Charter Fee refunded will be proportional to the number of members of the charter party impacted. In order to qualify for cover under this condition the Charterer(s) must be noted on the crew list.

• This Yacht Charter Cancellation Protection PLUS is governed by and construed in accordance with the laws applicable to the domicile of the Yacht Charter Agency / Company.

The words or phrases that appear in bold in the Yacht Charter Cancellation Protection terms & conditions have the meanings shown below:

• Abandonment or Abandoned means the inability to complete the Charter once commenced.

• Accident means a sudden, unexpected and unintended, specific event that occurs at an identifiable time and place.

• Advanced Provisioning Allowance (APA) is a lump sum payment paid to the Charter Company/ Agency that covers all of your on-board expenses during your yacht charter such as fuel expenses.

• Adverse Weather means extreme weather where a travel alert has been issued in the days prior to the Charter Commencement by either the Local Authority or Government preventing your ability to travel to the Charter Location.

• Bodily Injury means an identifiable physical injury, including illness resulting from such injury, which is caused by an Accident occurring after the Charter Agreement was signed.

• Cancellation or Cancelled means the inability to proceed with the Charter before the commencement date.

• Charter means the particular dated and timed hire of a rental vessel for which the Yacht Charter Cancellation Protection was purchased.

• Charterer(s) shall mean all persons named on the charter agreement or crew list who have subscribed to the Yacht Charter Cancellation Cover.

• Charter Agreement means the contract signed by the Lead Charterer and the Charter Company for the hire of a Rental Vessel.

• Charter Commencement means the date and time shown on the Charter Agreement for the commencement of the Charter period.

• Charter Company or Agency means a company that rents charter Yachts for short periods of time, generally ranging from a few hours to a few weeks.

• Charter Fee means the fee specified as such in the Charter Agreement and payable by the Charterer to the Charter Company for the use of the rental vessel for the Charter Period. The Charter Fee does not include any Advanced Provisioning Allowance paid by the Charterer.

• Charter Location means the place from where the Charterer is to collect the Rental Vessel, as detailed on the Charter Agreement.

• Charter Period means the time between the Charter Commencement, and the completion of the Charter, as detailed on the Charter Agreement.

• Dependent means a person(s) of the Immediate Family of the Charterer(s) who is reliant on the support of the Charterer(s).

• Immediate Family means the mother, father, mother-in-law, father-in-law, stepmother, stepfather, sister, brother, child, spouse, civil partner or cohabitee (and their children) and civil law partner, grandparent, legal guardians and foster parents of the Charterer(s).

• Known Circumstance is an occurrence or happening, that the Charterer(s) would have prior knowledge of or that has been announced to the general public, advising of an activity or activities that are to occur on a specified time, date, location or locations that could affect the general public, as an example, strike action, removal of public services.

• Lead /Named/Main Charterer means person(s) named as the hirer on the Charter Agreement.

• National Mourning means Cancellation, Abandonment, Relocation or postponement of the Charter caused by any period of mourning declared by the Government or Monarchy of the country in which the Charter is due to take place.

• Quarantine means a mandated period in a place of isolation in which people that have arrived from another country to that in which the Charter is taking place.

• Self-Isolate or Self-Isolation means following a positive PCR or Antigen test, a state or period of remaining apart from others, especially in order to prevent the transmission or acquisition of an infectious disease.

• Sickness means an illness that is sufficiently debilitating to prohibit the safe movement of the Charterer(s) concerned and their ability to travel.

• Terrorism means an unlawful act including, but not limited to, the use of force or violence and/or the threat thereof by any person(s) acting individually or on behalf of or in connection with any organisation(s) or government(s) committed for political, religious, ideological or similar purposes, including the intention to influence any government and/or to put the public or any part thereof in fear.

• Visa means an endorsement on a passport indicating that the holder is allowed to enter, leave or stay for a specified period of time in a country.

• Volcanic Ash Event is a phenomenon caused by the eruption of a volcano sending an ash cloud into the atmosphere.

Definitions

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