Terms & Conditions

 

Information and Documents

For booking purpose, Sail by the Sea will need to collect the following information from the customer.

• Full Name
• VAT Number
• Copy of ID Document
• Country of Residence
• Email
• Phone number
• Copy of Navigation License (minimum required day/local skipper)
• Emergency contact name
• Emergency contact number

Booking Conditions

The reservation can be requested in our website (www.sailbythesea.com), e-mail (booking@sailbythesea.com) or phone (+351 914 582 735; +351 963 722 265).

All reservations must be accepted by Sail by the Sea and are effective after payment.

The customer can make a boat reservation for:

• Reservations without skipper must be done for full day.
• Reservations with skipper can be done for full day in our website and for half day or 2 hours by email or phone.
• Reservations for sunset and full moon tours.
• Reservations for sleeping aboard for the minimum duration of 2 nights.

For boat rentals without skipper, the customer doing the reservation must be the captain/skipper and must have, at least, 21 years old. The customer must have a valid navigation and VHF operator license, being the minimum required day/local skipper. Copy of navigation license and ID document must be sent to booking@sailbythesea.com, 48h after booking. 

For sleeping aboard, the customer doing the reservation must have at least 18 years old.

Navigation licenses will be validated accordingly with Sail by the Sea understanding of DGRM (Portuguese Maritime Authority) rules available in https://www.dgrm.mm.gov.pt/pt/web/guest/nautica-de-recreio.

Navigation licenses absent from this list may require DGRM validation. 

For the first boat reservation without skipper, the customer understands that a mandatory prior onboarding session will take place to assess the customer abilities to maneuver a sailboat.

Onboarding Session

This session will be scheduled for rental without skipper, after reservation is confirmed. It will take approximately 2 hours and aims to:

• Present the vessel and the way in which the main systems work (e.g. electricity, navigation equipment, safety equipment, gas, toilet, cleaning, fuel and water);
• Validate the customer’s ability to perform maneuvers in the marina and to anchor;
• Validate the customer’s ability for sailing (e.g. hoisting and lowering sails, points of sail, trim sails, reefing and heaving to).

The reservation only allows the onboarding session for one person that must be the skipper.

If the customer does not demonstrate the necessary skills during the onboarding session, Sail by the Sea reserves the right to cancel the reservation and charge the customer €50 for the onboarding session. Please consult cancellation policy for more information.

During the onboarding session, the skipper must provide an Emergency Contact (name, email and phone number).

For the Onboarding session the client must bring the Navigation license and ID Document. 

Check-in and Check-out

In-person check-in and check-out for rental without skipper, must be scheduled in advance. The check-out must happen in the same place as check-in unless another delivery place is previously agreed with Sail by the Sea.

For boat rentals without skipper, the check-in may not be in person. In this situation, the customer will have to fill in a form before starting navigation. If the customer detects any non-conformity, he must register it and contact Sail by the Sea to obtain authorization to set sail.

For boat rentals without skipper, the check-out may not be in person. In this situation, the customer will have to fill in a form before leaving the vessel. After validation of the form and validation that the vessel was delivered in good condition by the customer, Sail by the Sea will return the deposit amount.

Check-in and check-out for sleeping aboard will be in person. The customer must indicate the time of arrival at least one hour in advance.

Upon check-in for sleeping aboard, you will be provided with a boat key and access card to the marina. The customer should close the boat when leaving the boat. Sail by the Sea can not be responsible for any lost/stolen goods.

Marina showers and changing rooms are available from 09am to 1pm and from 2pm to 6pm.

At the same time, there will be a short presentation of the boat and the way in which the main systems work (eg electricity, gas, WC, cleaning, and water);

Last, each person’s citizen card or passport will be requested. Children under 18 must be accompanied by an adult.

Check-out for sleeping aboard will be until 11am.

Costs and Payments

Reservation cost includes cleaning after check-out. However, the customer must ensure a careful and responsible use, delivering the boat tidy and without signs of unreasonable dirt.

The reservation costs for rental without skipper, do not include fuel, sheets, towels, or dinghy.

The payment to confirm reservation must be done within 24h after booking request.

The customer may pay 100% of the cost upon reservation. Alternatively, for rental without skipper, the customer may pay 25% of the cost to confirm reservation, being the remaining 75% due 20 days before check-in.

Any reservation made within 20 days of check-in are due in full to have a confirmed reservation.

If the customer does not proceed with payments within the deadlines defined above, Sail by the Sea reserves the right to cancel the reservation.

If the customer miss payment of the remaining 75% in 20 days before check-in, Sail by the Sea reserves the right to cancel the reservation with no refund of any amounts paid to date.

Payments must be made via available methods on website or by wire transfer to IBAN PT50 0007 0000 0056 3744 3102 3. The proof of transfer must be sent to booking@sailbythesea.com mentioning the reservation number. Payments are only effective after proper validation of the transfer by Sail by the Sea.

For rental without skipper, Sail by the Sea will request a wire transfer of €600 as a security deposit payed before check-in day. This amount will be refunded after validation that the vessel was delivered in good conditions by the customer.

For sleeping onboard, Sail by the Sea will request a wire transfer of €250 as a security deposit payed before check-in day through wire transfer or during check-in in cash. This amount will be refunded through wire transfer after validation that the vessel was delivered in good conditions by the customer.

In rental without skipper, a cost of €6 for fuel will be applied for each hour carried out by motor. On the last day, the customer must leave on the navigation table the total amount corresponding to the number of hours spent by motor. The customer cannot fill the fuel without prior authorization from Sail by the Sea. 

In a rental without skipper, in case the Client delivers the boat with delay, Sail by the Sea will apply a fee for each hour of delay. The fee will be calculated according to the following formula:

Delay rate = Number of hours late * 2 * (total daily cost / 7)

Sail by the Sea will grant a margin of 20 minutes from the agreed time. From that moment onwards, the customer will owe 1 hour of delay. The second hour of delay applies as soon as 60 minutes have elapsed after the agreed time, and so on.

Sleeping onboard with check-out delays can lead to a delay rate: Number of hours late * 2 * (daily cost/7) + additional cleaning fee/2.

In case of no show for the customer for check-out, Sail by the Sea has the right to remove all personal belongings from the boat. If no claim is done in 36 hours, Sail by the Sea reserves the right to disposal all belongings.

Cancellation Policy

The cancellation request must be sent to booking@sailbythesea.com.

If the cancellation request is received with a minimum advance notice of 20 days prior to check-in, the following conditions apply:

• The customer is refunded with the amounts already paid, with a deduction of:
  • 50€ if the onboarding session has already taken place, for rental without skipper.
  • 5% if payment was made through credit card.
• The customer can use the amount already paid to request another booking date, in a 12-month booking window, subject to boat availability and price conditions in place.

If the cancellation request is received less than 20 days prior to check-in, the following conditions apply:

• The customer isn’t refunded with the amounts already paid.
• As courtesy to our customers, if Sail by the Sea is able to re-book any portion of the canceled reservation, customers will be refunded to the extent that Sail by the Sea is able to re-book.
• If security deposit was already paid, the same amount will be refunded

Sail by the Sea will cancel a reservation for rental without skipper if the copy of the ID document and navigation license are not received within 48 hours after booking. In this situation, the client won’t be refunded.

Sail by the Sea can also cancel a reservation after onboarding session if customer does not demonstrate the appropriate skills and ability to maneuver a sailboat. In this situation, Sail by the Sea will apply the above cancellation conditions, as if the customer requested the cancelation at the day of the onboarding session.

If the onboarding session only takes place in the 20 days before check-in, due to Sail by the Sea unavailability to hold the session on a previous date, Sail by the Sea will apply the conditions as if the cancellation was requested 20 days prior check-in.

Exceptionally, the customer may request cancellation due to bad weather conditions (IPMA – Portuguese Institute for Sea and Atmosphere, yellow or higher alerts for wind or sea conditions; 25knots of wind and above) during the 3 days prior to booking, subject to Sail by the Sea’s approval.

Sail by the Sea may cancel any reservations, at ay moment, for technical reasons, weather conditions, legal limitations, or other reason beyond control of Sail by the Sea. However, Sail by the Sea will try, as much as possible, to ensure all reservations.

Customers agree that any claims against Sail by the Sea arising out of performance or nonperformance under this Terms&Conditions should be limited to a full refund of all consideration previously tendered by the customer.

Customer Responsibilities

General responsibilities of the customer:

• The customer must ensure the proper use of the WC and toilet. In the event of a clogged toilet, Sail by the Sea reserves the right to charge the customer the amount of € 250, to cover the unclogging operation and the eventual need for maintenance.
• The client must ensure a proper use of the plumbing in the toilet wash basin and drain aswell as the plumbing of the galley sink in order to avoid clogging. Sail by the Sea reserves the right to charge the customer the amount of € 200, to cover the unclogging operation and the eventual need for maintenance.
• The boat’s batteries must never, under any circumstances, be below 50% capacity, ie below 12.2V. Sail by the Sea monitors the charge and discharge cycle of batteries. If it is verified that the Customer has left the battery(ies) below the condition indicated above, Sail by the Sea reserves the right to charge the customer the amount of 200€ If the battery(ies) has/have been discharged and have dropped below 11.9V, Sail by the Sea reserves the right to charge the customer the amount corresponding to the cost of a new battery as the same as the one installed.
• The customer will be responsible for any damage or lack of equipment (including keys) detected at check-out. The respective cost will be paid by the customer.
• Sail by the Sea reserves the right to use the security deposit amount to cover the costs associated with the repair and/or the insurance deductible amount.
• If the repair costs are higher than the value of the security deposit, the customer is obliged to pay the total amount associated with the repair.
• The customer must inform Sail by the Sea and authorities in case of any accident or injured.

Others, for rental without skipper

• The customer should read the boat usage manual provided by Sail by the Sea before check-in to know the boat and security procedures in place
• The vessel cannot navigate and sail without the customer/skipper onboard during the entire reservation.
• For rentals without skipper, the customer doing the reservation must be the captain/skipper. Throughout the rental, the customer/skipper will be responsible for the vessel, navigation, passengers, and communications.
• It will be up to the customer/skipper to guarantee the necessary safety conditions.
• Before sailing, the customer/skipper must consult the weather conditions, the tides and create a navigation plan. Additionally, the customer/skipper must carry out a safety briefing appropriate to the experience and knowledge of the passengers.
• For safety purposes and the determination of possible responsibilities in the event of an accident, Sail by the Sea monitors the navigation of the vessel through GPS (AIS). In case of sailing out of channels, Sail by the Sea reserves the right to charge the customer the amount of € 200, to check the status of the boat below water surface.
• The windlass must always be used with the engine running, and whenever possible, above 1200 rpm and with great care. After completing the anchoring maneuver, all the force/tension of the mooring must be removed from the windlass. This force/tension must be placed in one of the bow cleats. When lifting the anchor, the maneuver should be aided by moving the boat ahead or astern so that too much tension is not applied on the windlass. If the anchor is found to be stuck, the windlass must not be used. Alternatively, try to pull the anchor by hand or, in the opposite direction, by pulling the tripping line.
• If the windlass malfunctions or stops working, Sail by the Sea reserves the right to charge the client the cost of the diagnosis and repair budget. In this situation, the deposit will only be returned after evaluation and budget.

Others, for sleeping aboard

• It is forbidden to start the boat’s engine and take the boat out of the Marina.
• It is forbidden to disconnect the electrical cable from the marina charger.
• It is forbidden to change the dock lines.

 

Navigation Rules and Restrictions

During navigation, the customer and all passengers must comply with the following rules:

• Navigation outside the boat registration class limit is prohibited (vessel registered in class 4 – restricted coastal, can navigate until 25 miles from port/marina and until 6 miles from coast).
• Navigation outside the limits of the customer’s navigation license is prohibited.
• Navigation outside of Portuguese territory is prohibited.
• Navigation in restricted waters and out of channels is prohibited.
• Navigation upstream of the Vasco da Gama bridge is prohibited.
• Forbidden to sail and anchor in unauthorized places.
• Participation in regattas is prohibited.
• No smoking or candles on board the boat.
• Navigation under the influence of alcohol or drugs is prohibited.
• Parties are not alllowed.
• The customer cannot fill the fuel without prior authorization from Sail by the Sea.
• Domestic animals are forbidden on board.
• Forbidden to have red wine on board or any other liquid that can dye the boat.

 

Updates or amendments

We reserve the right to periodically amend or revise this Terms&Conditions. Material changes will be effective immediately upon the display of the revised Terms&Conditions. The last revision will be reflected in the “Last modified” section. Your continued use of the website and our services, following the notification of such amendments on our website, constitutes your acknowledgment and consent of such amendments to the Terms&Conditions and your agreement to be bound by the terms of such amendments.

Last edited 23/11/2022