GUEST POLICIES & DECLARATIONS

This document forms part of the Guest’s agreement with C.A.Y.A. Group Ltd (“the Company”) and is to be read in conjunction with the Company’s Booking Terms and Conditions. By signing below, the Guest acknowledges having read, understood, and unconditionally agreed to all policies and declarations contained herein. Signature constitutes a legally binding acknowledgement of the Guest’s obligations and the Company’s limitations of liability as set out in this document.

1. CANCELLATION POLICY

1.1 Non-Refundable Nature of Payments

The Guest acknowledges and agrees that all payments made toward the charter fee are strictly non-refundable, unless otherwise expressly specified in any written agreement between the Company and the Guest. in writing. The sailing charter industry requires intricate advance planning, reservation of resources, and allocation of crew and equipment based on confirmed bookings. Accordingly, the Guest accepts that once payment has been made, it is committed regardless of the circumstances giving rise to any cancellation.

1.2 Cancellation Policy and Cancellation Procedure

Where a deposit is not received within the required timeframe, the booking shall be cancelled without further notice. Where the balance is not received by the due date, the Guest shall forfeit both the booking and the deposit paid. The Company reserves the right, but not the obligation, to attempt to contact the Organiser prior to cancellation.

The following cancellation and refund schedule applies:

  • More than 12 months before the start date: full deposit refund, less a €500 cancellation fee
  • 9 – 12 months before the start date: deposit refunded as a credit voucher valid for 12 months, less a €500 cancellation fee
  • 6 – 9 months before the start date: 50% of the deposit refunded as a credit voucher valid for 12 months, less a €500 cancellation fee
  • 3 – 6 months before the start date: no refund
  • Less than 3 months before the start date: no refund

Travel insurance is strongly recommended for all Guests. It is the Guest’s sole responsibility to ensure adequate cover is in place.

A change of booking made fewer than 6 months prior to the departure date shall be treated as a cancellation and the applicable cancellation policy shall apply.

In the event the Guest elects to cancel the charter, the following procedure shall apply:

  • Cancellation notice must be submitted to the Company in writing, addressed to [email protected].
  • The effective date of cancellation shall be the date on which written notice is received and acknowledged by the Company. Verbal notice shall not constitute valid cancellation.
  • The Guest acknowledges that cancellation for any reason whatsoever – including personal, medical, or travel-related circumstances – shall result in the forfeiture of all payments made, unless otherwise expressly stated in any written agreement between the Company and the Guest.

1.3 Force Majeure

The Company shall use all reasonable endeavours to provide the Guest with the vessel, package, and crew as specified in any written agreement between the Company and the Guest. However, the Company shall not be liable for any failure or delay in the performance of its obligations where such failure or delay results from circumstances beyond its reasonable control (“Force Majeure Event”), including but not limited to: acts of God, extreme weather conditions, fires, explosions, earthquakes, floods, war, hostilities (whether or not declared), invasion, acts of terrorism, rebellion, civil unrest, strikes, lockouts, travel restrictions or bans, government-imposed lockdowns, pandemic or public health emergencies, radioactive contamination, cyber attacks, or any other unforeseeable natural or man-made event.

Force Majeure events affecting neighbouring countries or regions that do not directly affect the Company’s operating territory shall not constitute grounds for cancellation under this clause. The Company’s standard cancellation policy shall apply in such circumstances.

In the event of a Force Majeure, the Company shall not be obliged to roll over, reschedule, or otherwise substitute performance of the charter. No entitlement to an alternative charter date, credit note, refund, or monetary compensation shall arise in such circumstances, unless otherwise expressly provided in any written agreement between the Company and the Guest.

The Guest acknowledges that Force Majeure events are, by nature, unforeseeable and beyond the Company’s control. Comprehensive travel insurance covering Force Majeure events is a condition of booking and must be obtained by the Guest prior to departure. The Company accepts no liability arising from a Guest’s failure to hold adequate insurance cover.

1.4 Crew Changes

The Guest acknowledges that crew composition may differ from that stated in any written agreement between the Company and the Guest. due to unforeseen operational circumstances. The Company accepts responsibility for ensuring that any substitute crew member(s) are equally qualified and competent to fulfil the agreed service obligations. No claim shall arise from a change in crew composition provided competency is maintained.

2. WAIVER AND RELEASE OF LIABILITY — PRIOR MEDICAL CONDITIONS

The Guest hereby declares that, to the best of their knowledge, all pre-existing medical conditions, allergies, and current medications have been fully and accurately disclosed to the Company prior to embarkation, as required. The Guest acknowledges that the Company and the Skipper are entitled to rely on the information provided, and that any failure to disclose a relevant condition constitutes a material breach of this agreement.

By signing this document, the Guest agrees to release and hold harmless C.A.Y.A. Group Ltd, CAYAsail, and their respective agents, employees, officers, and representatives (collectively, “the Released Parties”) from any and all claims, liabilities, costs, damages, or expenses arising out of or in connection with any injury, illness, medical episode, or exacerbation of a pre-existing condition occurring during the charter period. This release applies whether or not such injury or illness is attributable in whole or in part to the activities undertaken during the charter.

The Guest further declares that they are in good physical and mental health and are reasonably capable of participating in a sailing trip at the time of embarkation. The Guest agrees to comply at all times with safety guidelines issued by the Skipper and with any recommendations provided by the Company regarding sailing activities. The Guest accepts that non-compliance with safety instructions may result in removal from the vessel without refund, as set out in the Company’s Booking Terms and Conditions.

Where the Guest is travelling with a known condition that may require medical attention during the charter, the Guest accepts sole responsibility for carrying all required medication and medical equipment, and for notifying the Skipper of the nature of the condition in advance of departure.

3. WAIVER AND RELEASE OF LIABILITY — SAILING PARTICIPATION

The Guest hereby acknowledges and agrees to the following terms as a condition of participation in the sailing trip hosted by CAYAsail and operated by C.A.Y.A. Group Ltd:

3.1 Assumption of Risk

The Guest acknowledges that sailing is an inherently active and variable pursuit involving risks that cannot be entirely eliminated, including but not limited to: unpredictable and adverse weather conditions, rough or open sea states, the movement and instability of the vessel, the potential for collision with other vessels or fixed objects, and the possibility of personal injury or accident. The Guest accepts participation with full and informed awareness of these risks.

3.2 Everyone as Crew

The Guest acknowledges that all individuals on board are considered active participants in the safe operation of the vessel. The Guest agrees to follow all reasonable instructions issued by the Skipper and to contribute to the safety and wellbeing of all persons on board. Wilful non-compliance with crew instructions is grounds for removal from the vessel without refund.

3.3 Acknowledgement of Danger

The Guest acknowledges that, notwithstanding all safety measures undertaken by the Company and its crew, sailing remains a potentially hazardous activity. The Guest voluntarily assumes all risks associated with participation and agrees that the Released Parties shall not be held liable for any injury, loss, or damage arising from the inherent risks of sailing.

3.4 Life Vests and Safety Equipment

The Guest acknowledges having been informed of the location and correct use of life vests and other safety equipment on board. The Guest agrees to wear a life vest and comply with all safety equipment requirements in accordance with the Skipper’s instructions and applicable maritime safety regulations. Failure to comply may constitute a breach of this agreement and of applicable law.

3.5 Reporting of Unsafe Conditions

The Guest agrees to promptly inform the Skipper or designated crew member upon observing any condition, behaviour, or activity that may pose a risk to the safety of any person on board or to the vessel itself. This includes but is not limited to: smoke or fire, suspected illegal activity, the unsafe use of alcohol or controlled substances, or any form of verbal or physical abuse.

3.6 Responsibility for Personal Possessions

The Guest accepts full responsibility for the safekeeping of all personal possessions throughout the duration of the charter. The Company accepts no liability for loss, theft, or damage to personal property on board or ashore. The Guest is strongly advised to hold comprehensive travel insurance covering personal possessions prior to departure.

3.7 Toilet and Waste Disposal

The Guest agrees not to dispose of any materials through the vessel’s toilet system other than human waste. No paper products, hygiene products, wet wipes, or any other materials are to be flushed. Blockages or damage caused by non-compliance with this requirement shall be the sole financial responsibility of the Guest, at a charge of €250 per blocked toilet as specified in the Company’s Booking Terms and Conditions.

3.8 Responsibility for Damages

The Guest accepts full and unconditional responsibility for any damage caused to the vessel, its equipment, or inventory by reason of the Guest’s actions, negligence, or wilful misconduct during the charter. The Guest agrees to reimburse the Company for the full replacement or repair value of any such damage without delay.

3.9 Use of Visual Material

The Guest grants the Company irrevocable, royalty-free permission to use any photographs, video footage, or other visual material in which the Guest appears, captured during the sailing trip, for the purposes of marketing, promotion, and publication on the Company’s website, social media platforms, and other digital or print channels. This consent extends to material shared within designated group communication channels (including but not limited to WhatsApp groups). Guests who do not consent to the use of their likeness in marketing material are required to notify the Company in writing prior to embarkation. Objections raised after publication cannot be guaranteed to result in the removal of material.

By signing this document, the Guest voluntarily assumes all risks described herein and releases CAYAsail and C.A.Y.A. Group Ltd from any and all associated liability.

4. DATA PROTECTION AND GDPR COMPLIANCE

4.1 Data Controller

C.A.Y.A. Group Ltd (registered in Cyprus) acts as the Data Controller in respect of all personal data collected from Guests in connection with the charter. All data is processed in accordance with the EU General Data Protection Regulation (GDPR) (Regulation 2016/679) and applicable Cypriot data protection legislation.

4.2 Data Security

The Company is committed to maintaining the security and confidentiality of all personal data collected. All reasonable and proportionate technical and organisational measures will be implemented to prevent unauthorised access, disclosure, alteration, or destruction of personal data.

4.3 Data Retention and Legal Basis

Personal data collected from Guests — including passport number, date of birth, and contact details — is processed on the basis of contractual necessity (Article 6(1)(b) GDPR) and/or compliance with legal obligations (Article 6(1)(c) GDPR). Such data will be retained for the duration of the charter and for such further period as may be required for legal, administrative, or insurance purposes, after which it will be securely and permanently deleted.

Where the Guest provides medical or health information, such data constitutes special category data under Article 9 GDPR and will be processed solely on the basis of the Guest’s explicit consent (Article 9(2)(a)) for the purpose of ensuring onboard safety. Such information will not be retained beyond the charter period unless the Guest expressly consents in writing to extended retention.

4.4 Marketing Communications

The Company may wish to retain the Guest’s email address and telephone number for future marketing and promotional communications. This processing is based on consent (Article 6(1)(a) GDPR) and is entirely optional. Guests who wish to receive such communications should indicate their consent by ticking the box below:

Consent may be withdrawn at any time by written request to [email protected]. Withdrawal of consent does not affect the lawfulness of processing prior to withdrawal.

4.5 Visual Content (Photos and Video)

The Company may capture photographic and video material during the charter for use in marketing and promotional materials. This processing is based on consent. Guests who agree to the use of such material should indicate their consent below:

Guests who do not consent will not be disadvantaged in any way. Consent may be withdrawn at any time by written request to [email protected], subject to material already published in good faith prior to receipt of withdrawal.

4.6 Guest Rights

The Guest retains the following rights in respect of their personal data, exercisable at any time by written request to [email protected]:

  • The right to access personal data held by the Company
  • The right to rectify inaccurate or incomplete personal data
  • The right to erasure (“right to be forgotten”), subject to applicable legal obligations
  • The right to restrict or object to the processing of personal data
  • The right to data portability

The Company will respond to requests within 30 days in accordance with GDPR requirements.

4.7 Acceptance

By signing this document, the Guest acknowledges having read, understood, and agreed to the terms of data processing as set out in this section. This acknowledgement constitutes valid consent for the purposes of GDPR.

5. DECLARATION AND SIGNATURE

By signing the form The Guest confirms that:

  1. They have read and understood all policies and declarations contained in this document in their entirety.
  2. They agree to be legally bound by all terms herein.
  3. They have disclosed all relevant medical conditions and information as required.
  4. They voluntarily assume all risks associated with participation in the sailing charter.
  5. They release C.A.Y.A. Group Ltd and CAYAsail from liability to the extent set out herein.
  6. They consent to the collection, retention, and use of their personal data as described in Section 4.