The Important Stuff

Disclaimer

Copyright Notice

© R.W. Wakeley Ltd., All Rights Reserved.

The content of this website is protected by the copyright laws of England and Wales and by international laws and conventions.  No content from this website may be copied, reproduced or revised without the prior written consent of R.W. Wakeley Ltd..  Copies of content may be saved and/or printed for personal use only.

 

  1. The Content on Our Site does not constitute advice on which you should rely.  It is provided for general information purposes only.  Professional or specialist advice should always be sought before taking any action relating to yacht charter.

  2. We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

  3. We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

Background:

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.rwwakeley.com (“Our Site”).  Please read these Terms and Conditions carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site.  If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.

1. Definitions and Interpretation 

  1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

  • "Content" means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; and 

  • "We/Us/Our"means R.W. Wakeley Ltd., a company registered in England & Wales under 10987085, whose registered address is Unit 12c, Ash Court, Ffordd Y Llyn, Parc Menai, Bangor, Gwynedd, United Kingdom, LL57 4DF.

2. Information About Us

  1. Our Site, www.rwwakeley.com, is owned and operated by R.W. Wakeley Ltd., a limited company registered in England & Wales under 10987085, whose registered address is Unit 12c, Ash Court, Ffordd Y Llyn, Parc Menai, Bangor, Gwynedd, United Kingdom, LL57 4DF. 

 

3. Access to Our Site

  1. Access to Our Site is free of charge.

  2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.

  3. Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

 

4. Intellectual Property Rights

  1. All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.  All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.

  2. Subject to sub-Clauses 4.3 and 4.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.

  3. You may:

    1. Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
    2. Download Our Site (or any part of it) for caching;

    3. Print one copy of any page from Our Site;

    4. Download extracts from pages on Our Site; and

    5. Save pages from Our Site for later and/or offline viewing.

  4. Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.

  5. You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.

  6. Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

5. Links to Our Site

  1. You may link to Our Site provided that:

    1. You do so in a fair and legal manner;
    2. You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;

    3. You do not use any logos or trade marks displayed on Our Site without Our express written permission; and

    4. You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

  2. You may not link to Our Site from any other site the main content of which contains material that:

    1. is sexually explicit;
    2. is obscene, deliberately offensive, hateful or otherwise inflammatory;

    3. promotes violence;

    4. promotes or assists in any form of unlawful activity;

    5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;

    6. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

    7. is calculated or is otherwise likely to deceive another person;

    8. is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

    9. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 5.4);

    10. implies any form of affiliation with Us where none exists;

    11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or

    12. is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

 

6. Links to Other Sites

Links to other sites may be included on Our Site.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third party sites.  The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

 

7. Disclaimers

  1. Nothing on Our Site constitutes advice on which you should rely.  It is provided for general information purposes only.  

  2. Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

  3. We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

 

8. Our Liability

  1. To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.

  2. To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.

  3. If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

  4. We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware.  We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.

  5. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

  6. Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.  For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

 

9. Viruses, Malware and Security

  1. We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.

  2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

  3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

  4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

  5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

  6. By breaching the provisions of sub-Clauses 9.3 to 9.5 you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.

 

10. Acceptable Usage Policy

  1. You may only use Our Site in a manner that is lawful.  Specifically:

    1. you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
    2. you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

    3. you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

    4. you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

  2. We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 10 or any of the other provisions of these Terms and Conditions.  Specifically, We may take one or more of the following actions:

    1. suspend, whether temporarily or permanently, your right to access Our Site;
    2. issue you with a written warning;

    3. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

    4. take further legal action against you as appropriate;

    5. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

    6. any other actions which We deem reasonably appropriate (and lawful).

  3. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.

 

11. Privacy and Cookies

Use of Our Site is also governed by Our Privacy Policies.

 

12. Changes to these Terms and Conditions

  1. We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.

  2. In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

 

13. Contacting Us

To contact Us, please email Us at charter@rwwakeley.com or using any of the methods provided on Our Site. 

 

14. Communications from Us

  1. If We have your contact details, We may from time to time send you important notices by email.  Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
  2. We will never send you marketing emails of any kind without your express consent.  If you do give such consent, you may opt out at any time.  For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at charter@rwwakeley.com.

15. Data Protection

  1. Any and all personal information that We may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights and Our obligations under that Act.

  2. We may use your personal information to:

    1. Reply to any communications you send to Us;
    2. Send you important notices, as detailed in Clause 14;

 

16. Law and Jurisdiction

  1. These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

  2. If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

  3. If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Terms & Conditions

 

Privacy Policy

 

R.W. Wakeley Ltd. understands that your privacy is important to you and that you care about how your information is used and shared online. We respect and value the privacy of everyone who visits Our Site and will only collect and use information in ways that are useful to you and in a manner consistent with your rights and Our obligations under the law.

 

This Policy applies to Our use of any and all data collected by us in relation to your use of Our Site. Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of Our Privacy Policy is deemed to occur upon your first use of Our Site.

 

1. Definitions and Interpretation 

In this Policy the following terms shall have the following meanings:

  • "Account" means an account required to access and/or use certain areas and features of Our Site;

  • "Cookie" means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in section 12, below;

  • "Our Site" means this website, www.rwwakeley.com;

  • "UK and EU Cookie Law" means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended in 2004, 2011 and 2015; 

  • "We/Us/Our" means R.W. Wakeley Ltd., a limited company registered in England under 10987085, whose registered address is Unit 12c, Ash Court, Ffordd Y Llyn, Parc Menai, Bangor, Gwynedd, United Kingdom, LL57 4DF.

 

2. Information About Us

Our Site, www.rwwakeley.com, is owned and operated by R.W. Wakeley Ltd., a limited company registered in England and Wales under 10987085, whose registered address is Unit 12c, Ash Court, Ffordd Y Llyn, Parc Menai, Bangor, Gwynedd, United Kingdom, LL57 4DF.

 

 

3. Scope – What Does This Policy Cover?

This Privacy Policy applies only to your use of Our Site. It does not extend to any websites that are linked to from Our Site (whether We provide those links or whether they are shared by other users). We have no control over how your data is collected, stored or used by other websites and We advise you to check the privacy policies of any such websites before providing any data to them.

 

4. What Data Do We Collect?

Some data will be collected automatically by Our Site (for further details, please see section 12 on Our use of Cookies, other data will only be collected if you voluntarily submit it, for example, when signing up for on Our Site. Depending upon your use of Our Site, We may collect some or all of the following data:

  1. name;

  2. date of birth;

  3. gender;

  4. business/company name

  5. contact information such as email addresses and telephone numbers;

  6. demographic information such as post code, preferences and interests;

  7. IP address (automatically collected);

  8. web browser type and version (automatically collected);

  9. operating system (automatically collected);

  10. a list of URLs starting with a referring site, your activity on Our Site, and the site you exit to (automatically collected);

5. How Do We Use Your Data?

  1. All personal data is stored securely in accordance with the principles of the Data Protection Act 1998. For more details on security see section 6, below.

  2. We use your data to provide the best possible services to you. This includes:

    1. Providing and managing your Account;
    2. Providing and managing your access to Our Site;

    3. Personalising and tailoring your experience on Our Site;

    4. Supplying Our services to you;

    5. Personalising and tailoring Our services for you;

    6. Responding to communications from you;

    7. Supplying you with email newsletters and alerts that you have subscribed to (you may unsubscribe or opt-out at any time);

    8. Supplying invoices, statements and payment reminders. 

    9. Supplying non marketing information.

  3. With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email and telephone with information, news and offers on Our services. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, as amended in 2004, 2011 and 2015.

6. How and Where Do We Store Your Data?

  1. We only keep your data for as long as We need to in order to use it as described above in section 5, and/or for as long as We have your permission to keep it.

  2. Data security is of great importance to Us, and to protect your data We have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected through Our Site.

  3. Notwithstanding the security measures that We take, it is important to remember that the transmission of data via the internet may not be completely secure and that you are advised to take suitable precautions when transmitting to Us data via the internet.

 

7. Do We Share Your Data?

  1. We may sometimes contract with third parties to supply products and services to you on Our behalf. These may include payment processing, delivery of goods, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some or all of your data. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, Our obligations, and the obligations of the third party under the law.
  2. We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales and other information. All such data will be anonymised and will not include any personally identifying information. We may from time to time share such data with third parties such as prospective investors, affiliates, partners and advertisers. Data will only be shared and used within the bounds of the law.

  3. In certain circumstances We may be legally required to share certain data held by Us, which may include your personal information, for example, where We are involved in legal proceedings, where We are complying with the requirements of legislation, a court order, or a governmental authority. We do not require any further consent from you in order to share your data in such circumstances and will comply as required with any legally binding request that is made of Us.

8. How Can You Control Your Data?

  1. When you submit information via Our Site, you may be given options to restrict Our use of your data. In particular, We aim to give you strong controls on Our  use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails.

  2. You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.

  3. Your Right to Withhold Information

    1. You may access Our Site without providing any data at all. However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.

    2. You may restrict your internet browser’s use of Cookies. 

 

9. How Can You Access Your Data?

You have the legal right to ask for a copy of any of your personal data held by Us (where such data is held) on payment of a small fee which will not exceed £10. Please contact Us for more details at charter@rwwakeley.com, or using the contact details below in section 13. 

 

10. What Cookies Do We Use and What For?

  1. Our Site may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve Our services. For more details, please refer to section 5, above, and to section 12.5 below. We have carefully chosen these Cookies and have taken steps to ensure that your privacy is protected and respected at all times.
  2. All Cookies used by and on Our Site are used in accordance with current UK and EU Cookie Law.

  3. By giving your consent to the placing of Cookies you are enabling Us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of Our Site may not function fully or as intended.

  4. You can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all Cookies or only third party Cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.

  5. You can choose to delete Cookies at any time however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings.

  6. It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.

11. Contacting Us

If you have any questions about Our Site or this Privacy Policy, please contact Us by email at charter@rwwakeley.com.

 

12. Changes to Our Privacy Policy

We may change this Privacy Policy as we may deem necessary from time to time, or as may be required by law. Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date.

Privacy Notice

 

Background: 

R.W. Wakeley understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of all of our customers and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.

We may change this Privacy Policy as we may deem necessary from time to time, or as may be required by law. Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date.

1. Information About Us

R.W. Wakeley is a limited company registered in England and Wales under company number 10987085.

Registered address: Unit 12c, Ash Court, Ffordd Y Llyn, Parc Menai, Bangor, Gwynedd, United Kingdom, LL57 4DF

          VAT number GB280166608

          Data Protection Officer: Rupert Wakeley

          Email address: charter@rwwakeley.com.

          Telephone number: +44 (0) 2070 780 812

          Postal Address: Unit 12c, Ash Court, Ffordd Y Llyn, Parc Menai, Bangor, Gwynedd, United Kingdom, LL57 4DF

 

2. What Does This Notice Cover?

This Privacy Information explains how we use your personal data: how it is collected, how it is held, and how it is processed. It also explains your rights under the law relating to your personal data.

3. What is Personal Data?

Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.

Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.

The personal data that we use is set out in Part 5, below.

 

4. What Are My Rights?

Under the GDPR, you have the following rights, which we will always work to uphold:

a) The right to be informed about our collection and use of your personal data. This Privacy Notice should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details in Part 11.

b) The right to access the personal data we hold about you. Part 10 will tell you how to do this.

c) The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 11 to find out more.

d) The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we have. Please contact us using the details in Part 11 to find out more.

e) The right to restrict (i.e. prevent) the processing of your personal data.

f) The right to object to us using your personal data for a particular purpose or purposes.

g) The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.

h) Part 6 explains more about how we use your personal data, including automated decision-making or profiling.

For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 11.

Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.

If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.

 

5. What Personal Data Do You Collect?

We may collect some or all of the following personal data (this may vary according to your relationship with us):

  • Name;

  • Date of birth;

  • Gender;

  • Address;

  • Email address;

  • Telephone number;

  • Business name;

  • Job title;

  • Profession;

  • Payment information;

  • Information about your preferences and interests;

  • Any information required for the specifics of performing services requested by the client; 

Your personal data is obtained from the following third parties:

  • Google Analytics, Facebook and Instagram;

6. How Do You Use My Personal Data?

Under the GDPR, we must always have a lawful basis for using personal data. This may be because the data is necessary for our performance of a contract with you, because you have consented to our use of your personal data, or because it is in our legitimate business interests to use it. Your personal data will be used for one of the following purposes:

  • Providing and managing your account.

  • Supplying our products or services to you. Your personal details are required in order for us to enter into a contract with you.

  • Personalising and tailoring our products or services for you.

  • Communicating with you. This may include responding to emails or calls from you.

  • Supplying you with information by email or post that you have opted-in to (you may unsubscribe or opt-out at any time by contacting us at; charter@rwwakeley.com

With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email, telephone or post with information, news, and offers on our products or services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out.

 

7. How Long Will You Keep My Personal Data?

We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will therefore be kept for the following periods (or, where there is no fixed period, the following factors will be used to determine how long it is kept):

  • Personal data will be kept as long as the individual is still interested in the products and services and has not unsubscribed to our services.  

 

8. How and Where Do You Store or Transfer My Personal Data?

We may store or transfer some or all of your personal data in countries that are not part of the European Economic Area (the “EEA” consists of all EU member states, plus Norway, Iceland, and Liechtenstein). These are known as “third countries” and may not have data protection laws that are as strong as those in the UK and/or the EEA. This means that we will take additional steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the GDPR as follows.

We share your data within the group of companies of which we are a part. Where this involves the transfer of personal data outside the EEA, our group ensures that personal data is protected by requiring all companies within the group to follow the same rules with respect to personal data usage. These are known as “binding corporate rules”. More information on binding corporate rules is available from the European Commission.

GDPR. More information is available from the European Commission.

Where we transfer your data to a third party based in the US, this may be protected if they are part of the EU-US Privacy Shield. This requires that third party to provide data protection to standards similar levels of data protection to those in Europe. More information is available from the European Commission.

Please contact us using the details below in Part 11 for further information about the particular data protection mechanism used by us when transferring your personal data to a third country.

The security of your personal data is essential to us, and to protect your data, we take a number of important measures, including the following:

  • Application of a Firewall and use of securely operated CRM system. 

 

9. Do You Share My Personal Data?

 

We may sometimes contract with the following third parties to supply products or services to you on your behalf. These may include payment processing, delivery, and marketing. In some cases, those third parties may require access to some or all of your personal data that we hold.

  • Third parties would include any service or company directly involved in the services or products you have requested with us.

If any of your personal data is required by a third party, as described above, we will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, our obligations, and the third party’s obligations under the law, as described above in Part 8.

If any personal data is transferred outside of the EEA, we will take suitable steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the GDPR, as explained above in Part 8.

In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.

 

10. How Can I Access My Personal Data?

If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.

All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 11. To make this as easy as possible for you, a Subject Access Request Form is available for you to use. You do not have to use this form, but it is the easiest way to tell us everything we need to know to respond to your request as quickly as possible.

There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.

We will respond to your subject access request within 28 days and, in any case, not more than one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.

 

11. How Do I Contact You?

To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details (for the attention of Rupert Wakeley):

          Email address: charter@rwwakeley.com

          Telephone number: +44 (0) 2070 780 812

          Postal Address: Unit 12c, Ash Court, Ffordd Y Llyn, Parc Menai, Bangor, Gwynedd, United Kingdom, LL57 4DF

 

12. Changes to this Privacy Notice

We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.

Any changes will be made available on our website.

 

Charter Conditions

1.

This agreement is between R.W. Wakeley Ltd, registered number 10987085 ("R.W. Wakeley"), and the charterer as named in the Confirmation Agreement ("the Charterer"). All travel and yacht charter arrangements are made by R.W. Wakeley acting as agents on behalf of the yacht owner and/or yacht operators and/or travel providers, as named in the Confirmation Agreement.​​

 

2. Interpretation

Definitions:

  1. Charter means the period specified within the Confirmation Agreement during which the Charterer has sole use of the Yacht.

  2. Charter Agreement means this agreement together with the Confirmation Agreement.

  3. Confirmation Agreement means the contract issued by R.W. Wakeley containing the specifics of the Charter, including but not limited to yacht type, dates, charter fee, security deposit, payment schedule and ports associated with the charter.

  4. Instalment means the first, second or third Instalment of payment as set out in the Confirmation Agreement.

  5. Owner means the yacht owing company or yacht charter company operating the yacht on behalf of the Owner, stated as "Yacht Owner" in the Confirmation Agreement.

  6. Website means the website of R.W. Wakeley at www.rwwakeley.com.

  7. Yacht means a vessel or the boat type specified in the Confirmation Agreement.

3. Agreement

This agreement shall commence on the date stated in the Confirmation Agreement and shall continue, unless terminated in accordance with this agreement, until such time as the Yacht has been redelivered at the port of disembarkation or has been cancelled.

  1. It is the Charterer's responsibility to ensure the details contained in the Confirmation Agreement are true and correct.

  2. If there are any errors in the Confirmation Agreement the Charterer must contact R.W. Wakeley and advise within twenty four (24) hours so this can be rectified.

4. Booking Procedure & Requirements

The Charterer shall advise R.W. Wakeley in writing that that they are willing to book the yacht.

  1. Once the proposed charter details have been agreed between the parties R.W. Wakeley will provide the Charterer with a copy of the Confirmation Agreement together with an offer to reserve the yacht for forty eight (48) hours.

  2. The Charterer must pay the First Instalment within forty eight (48) hours of the Confirmation Agreement being issued by R.W. Wakeley. If payment is not received within 48 hours the Yacht will be placed back on the market and the reservation will lapse.

  3. A booking will only be confirmed when R.W. Wakeley has received the First Instalment in cleared funds.

  4. Payment of the First Instalment shall be conclusive evidence of the Charterer accepting the Charter Agreement.

  5. The Charterer must be at least 18 years old.

5. Payment

The payment of Instalments is as set out in the Confirmation Agreement.

  1. The balance of the total cost of the Charter must be paid six (6) weeks prior to the commencement of the Charter.

  2. If the booking occurs less than six (6) weeks from the commencement of the Charter date R.W. Wakeley will require the Charterer to pay the cost of the Charter in full.

  3. If the balance is not paid six (6) weeks prior to the commencement of the Charter, R.W. Wakeley reserves the right to cancel the booking and the Charterer will forfeit all Instalments previously paid

  4. R.W. Wakeley shall be entitled to increase the price of the Charter as a result of fluctuations in exchange rates. No changes in the cost of the Charter will be made within thirty (30) days of the commencement of the Charter, except for increased costs resulting from Government action.

  5. Payment is accepted by credit card, debit card or bank transfer.

6. Security Deposit

  1. Before commencing the Charter the Charterer will be required to leave a Security Deposit with the Owner; this must be paid at the embarkation port.  The amount of the Security Deposit will be detailed in the Confirmation Agreement along with the bank account details to which the Security Deposit is to be transferred.

  2. The Security Deposit will cover, but is not limited to, the following: the cost of additional cleaning, unpaid fuel, late return fees and loss or damage caused to the Yacht and/or its equipment.

  3. At the completion of the charter the Security Deposit will be refunded less any sums deducted.

  4. The Security Deposit is strictly between the Charterer and Owner. R.W. Wakeley does not accept any liability for the failure of the Owner to return the Security Deposit to the Charterer or be in any way responsible for the loss of such monies.

7. Insurance

  1. Each Yacht is fully insured under a marine insurance policy, covering loss, damage and third party liability.

  2. The Charterer shall take all reasonable care of the Yacht and shall indemnify the Owner in respect of any loss of or damage to the Yacht or her equipment or any other equipment or liability arising out of any act or omission of the Charterer, his servants or agents or any member of his party or any other person invited onto the Yacht, which is not for any reason covered by the Owner's Insurance.

  3. In the event the level of indemnity required at clause 7.2 exceeds the Security Deposit, the Charterer will be required to supplement the Security Deposit to the full extent of the indemnity required.

8. Travel Insurance

  1. It is the Charterer' responsibility to take out adequate travel insurance to cover themselves while on holiday, and in the event of cancellation. R.W. Wakeley does not organize or sell travel insurance policies.

9. Cancellation

  1. Cancellations by the Charterer and must be notified in writing, by post or email. Cancellations received more than six (6) weeks before the commencement of the Charter will be subject to R.W. Wakeley retaining all of the prior Instalments received. Cancellations received within six (6) weeks of the commencement of the Charter will be subject to the Charterer losing the full cost of the Charter.

  2. A Cancellation will be effective from the date of receipt of the Charterer's written notification of cancellation by R.W. Wakeley. R.W. Wakeley will send an acknowledgement email or letter to the Charterer to confirm receipt of cancellation.

  3. R.W. Wakeley is entitled to end this Charter Agreement at any time by writing if the Charterer breaks its terms, including: 

    1. the Charterer does not make any payment due to R.W. Wakeley when it is due and the Charterer still does not make payment within five (5) days of R.W. Wakeley requesting a due payment; 

    2. the Charterer fails to, within a reasonable time of any request by R.W. Wakeley for it, provide R.W. Wakeley with information that is necessary for R.W. Wakeley to arrange the Charter;

    3. the Charterer fails to pay the Security Deposit; or

  4. For group bookings the Charterer is responsible for ensuring the correct and full amount of payment is received by R.W. Wakeley. If a member of the Charterer's group cancels, this person will not be refunded their share of the Charter.

10. Insolvency

  1. R.W. Wakeley is entitled to cancel this Charter Agreement at any time in writing if:

    1. the Charterer suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the IA 1986 as if the words “it is proved to the satisfaction of the court” did not appear in sections 123(1)(e) or 123(2) of the IA 1986. 

    2. being an individual, the Charterer is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the IA 1986.

    3. being a partnership has any partner to whom any of the foregoing apply.

    4. the Charterer commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with any of its creditors.

    5. a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the Charterer (being a company, limited liability partnership or partnership).

    6. an application is made to court, or an order is made, for the appointment of an administrator, or if a notice of intention to appoint an administrator is given or if an administrator is appointed, over the Charterer (being a company).

    7. the holder of a qualifying floating charge over the assets of the Charterer (being a company) has become entitled to appoint or has appointed an administrative receiver.

    8. a person becomes entitled to appoint a receiver over all or any of the assets of the Charterer or a receiver is appointed over all or any of the assets of the Charterer. 

    9. the Charterer (being an individual) is the subject of a bankruptcy petition, application or order.

    10. a creditor or encumbrancer of the Charterer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of the Charterer’s assets and such attachment or process is not discharged within 14 days.

    11. any event occurs, or proceeding is taken, with respect to the Charterer in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in Clause 10.1 a) to Clause 10.1 k) (inclusive).

    12. the Charterer suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business.

11. Charter Period

  1. In the event of the Yacht being unavailable on the commencement of the Charter, R.W. Wakeley will endeavour to replace the Yacht with one of as similar type and specification as possible, to a value up to the total amount of the charter fee paid for the original yacht. Any discrepancy in the charter fees to be met by the Charterer.

  2. If a replacement yacht is not available R.W. Wakeley will refund the Instalments already paid and the Security Deposit. R.W. Wakeley accepts no liability for any expenses incurred by or inconvenience caused to the Charterer as a result of such cancellation.

  3. The Charterer shall return the Yacht to the Disembarkation Port on the return date at the stated time in the Confirmation Agreement free of indebtedness and clear of all personal gear. Time shall be of the essence as far as the return date is concerned. For each day or any part of a day that the Yacht remains in the possession of the Charterer the Charterer shall pay twice the daily charter fee. The Charterer shall inform R.W. Wakeley if during the Charter Period it shall become apparent (or possible) that the Charterer will not be able to return the Yacht on the Return Date but such notification will not affect the Charterer’s liability for failing to return the Yacht on the Return Date.

  4. In the event that the Charterer redelivers the Yacht before the expiry of the Charter Period, the Charterer shall not be entitled to a refund of the Instalments.

12. Changes

  1. Once a booking is confirmed, R.W. Wakeley will attempt to accommodate any reasonable alterations requested by the Charterer. However any change will always be subject to availability and cooperation by the Owner and reimbursement of any additional cost incurred as result of the requested change. 

  2. Major alterations such as change of date, or yacht type will be treated as Cancellation and re-booking and may result in an increase or decrease of the Charter price.

  3. Any administration charge charged by the Owner will be passed on to the charterer, in addition to which R.W. Wakeley reserves the right to charge an administration charge of GBP £50.00 or foreign equivalent to administer any changes.

  4. In the event the Owner requires changes to the Charterer’s booking due to operational reasons, the Charterer will be notified as soon as is reasonably possible with the details of the changes.

  5. If the changes are not acceptable to the Charterer, the Charterer will be able to request to cancel the Charter Agreement and R.W. Wakeley will refund to the Charterer all monies paid by the Charterer to date.

  6. The Charterer must accept any proposed changes, or request a Cancellation within two (2) days of being informed of the changes, otherwise R.W. Wakeley will be entitled to conclude that the Charterer is happy with the changes, and an amended booking will apply.

13. Bare Boat Experience

When offered bareboat, the yachts are offered on the condition that the person identified by the Charterer as the skipper has sufficient sailing experience, and a licence to handle a yacht of the size and type chartered, and is assisted by at least one other able and experienced adult crew member.

  1. In addition to a valid license for the country of charter, some destinations will also require the charterer to have a valid VHF Certificate of Competency. It is the Charterer’s responsibility to ensure that the skipper has the requisite Certificate of Competency required by the authorities in any country visited during the Charter.

  2. If in the judgment of the Owner the Charterer or the nominated Skipper is not competent to operate the Yacht, R.W. Wakeley reserve the right to require the Charterer to take a skipper selected by R.W. Wakeley or the Owner at the Charterer’s own expense.

  3. Unless otherwise agreed in writing with R.W. Wakeley, the Charterer is not permitted to use the Yacht to take part in any races, events, or competitions.

14. Yacht Details

  1. The specifications, measurements, inventories, Charter Company information, and other data relating to yachts are set out on the Website. However, R.W. Wakeley cannot guarantee that the Yacht will meet the exact details described on the Website as this information is provided by the owner.

  2. Photographs of yachts on the Website are intended only to give a general idea of the type of yachts available for charter. There may be differences between the yacht shown on the Website and the Yacht. Any yachts chartered will be of an equivalent standard to any shown on the Website, and as detailed in the Confirmation Agreement.

15. Chartering Conditions

  1. The Charterer should note that the Owner may have further terms and conditions that will apply to the Charter. By paying the First Instalment the Charterer is deemed to have read and understood this clause 15 and accepts that the further terms and conditions of the Owner may apply to the Charter.

  2. Prior to commencement of the Charter, the Owner may require the Charterer to sign a copy of the Owner’s agreement for bareboat charter, which may incorporate legal requirements for yacht charter in the country(ies) in which the Charter is taking place.

  3. The Charterer shall have no further right, other than the cancellation rights set out in clause 9, to cancel this Charter Agreement as a result of being presented with a copy of the Owner’s terms and conditions.

  4. The Owner will advise the Charter of any fees payable for returning the Yacht late at the end of the Charter, such fees may be deductible from the Security Deposit.

  5. The Charterer must inform the Owner by telephone as soon as possible if the Yacht suffers any accident, incident, failure of machinery or electronics, engine or gear failure or damage to the hull.  

  6. In the event of an emergency the Yacht may be used to assist in the rescue of persons in peril on the high seas.

  7. To pay all running expenses and all harbour dues, berthing fees, pilotage fees and the costs of all provisions and fuel.

  8. For bareboat Charters, to sail the Yacht at all times using skill, judgement and common sense bearing in mind at all times the necessity to return the Yacht on the Return Date.

  9. The Charterer will limit the number of his party to not more than the number allowed for in the provision of safety equipment.

  10. The Charterer undertakes to comply with all seagoing rules and regulations currently in force. For skippered charter, to obey the reasonable requests of the appointed skipper.

  11. The Charterer will return the Yacht to a safe port of refuge, and vacate the Yacht at the time stipulated on the Charter Agreement. The Owner will advise any fees due for returning the Yacht late, these fees to be deductible from the Security Deposit.

  12. The Charterer must not:

    1. take the Yacht outside the Cruising Area or, where agreed by R.W. Wakeley in writing, the Racing Area specified in the Confirmation Agreement.

    2. leave the Yacht unattended at any time when the Yacht is at anchor.

    3. admit liability to any person in the event of any damage occurring to the Yacht or to any third vessel or party as a result of any collision with the Yacht.

    4. accept a tow from another vessel without agreeing a tow fee.

    5. commence repair work without the consent of R. W. Wakeley in the event of there being any failure of any mechanical gear on the Yacht. Failure of any mechanical gear on the Yacht must be reported to R.W. Wakeley as soon as practicable. Any repairs authorised by R.W. Wakeley must be carried out to minimise any damage which might have occurred without endangering the Yacht or any of the Charterers group or crew.

    6. do or omit to do any action or thing whereby the Yacht may become liable to arrest or detainment anywhere.

    7. use the Yacht for any purpose other than private pleasure cruising unless other uses such as racing are specifically agreed in writing by R.W. Wakeley. Where R.W. Wakeley gives such agreement in writing, the Charterer is to secure all gear on board whilst racing.

    8. sub-let or surrender possession of the Yacht without the prior written consent of R.W. Wakeley.

    9. allow on board the Yacht any restricted or illegal goods such as drugs, firearms and explosives.

    10. allow animals or pets aboard the Yacht.

    11. permit smoking below deck or while handling sails by any person.

16. Weather

  1. For bareboat Charters, the Charterer must not sail the Yacht in dangerously bad weather even if this may lead to failure to return the Yacht on the Return Date.

  2. For skippered Charters, should the skipper determine the weather to be unsuitable or dangerous for sailing, he may take the decision not to sail the Yacht in these conditions. The Charterer must abide by his decision, even if this may lead to postponement or, in extreme cases, the cancellation of the Charter.

17. Our Responsibility

  1. We undertake to exercise due diligence to ensure that any Yacht booked by the Charterer is provided in accordance with this Charter Agreement. We accept responsibility for any loss or damages caused to the Charterer as a result of the negligence or default of ourselves or any persons directly employed by R.W. Wakeley. However, the provision of this Charter involves independent parties who are neither employed by R.W. Wakeley or under R.W. Wakeley’s direct control such as, Owner, travel operators and handling agents. R.W. Wakeley does not accept responsibility for the acts or omissions of these parties.

  2. In any event R.W. Wakeleys total liability under Charter Agreement shall be limited to a sum that is equivalent of the total amount paid by the Charterer to R.W. Wakeley under the Charter Agreement. R.W. Wakeley will not accept any liability for any losses incurred by the Charterer in connection with the Charter including but not limited to loss of use, direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs.

18. Complaints

  1. R.W. Wakeley maintains the highest standards in choosing its suppliers. If the Charterer is unhappy with the performance of any element of the Charter booked through R.W. Wakeley, the Charterer should address any complaints to R.W. Wakeley as well as the Owner at the earliest possible opportunity.

  2. For complaints arising during the Charter, the Charterer shall give notice in the first instance to the Owner, giving details of the time, date and nature of the complaint. If this complaint cannot be resolved the Charterer shall notify R.W. Wakeley within twenty four (24) hours of the event complained of. The Charterer understands that any dispute or claim resulting from this Charter is between the Charterer and the Owner and not with or against R.W. Wakeley.

19. Force Majeure

  1. R.W.Wakeley cannot accept responsibility for disruption or additional cost involved to the Charterer caused by Force Majeure. Force Majeure events include, but are not limited to: war or threat of war, civil strife, terrorist activity, industrial dispute, riots, crime, hurricane, flood, earthquake, volcanic eruption, unavoidable technical problems with transport, closure or congestion of airports, natural or nuclear disaster, fire, adverse weather conditions or similar events beyond R.W. Wakeley’s control.  

20. Assignment

  1. Neither party shall assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under this Charter Agreement without the written consent of the Owner.

21. Entire Agreement

  1. This Charter Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

22. Counterparts

  1. This Charter Agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement.

23. Third Party Rights

  1. No one other than a party to this Charter Agreement, shall have any right to enforce any of its terms.

24. Governing Law

  1. This Charter Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

25. Jurisdiction

  1. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Charter Agreement or its subject matter or formation (including non-contractual disputes or claims).

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