Terms of business and website use

Effective date 4 November 2026

1. About us and these terms

1.1 Who we are. Headland Yachting Limited (“Headland Yachting”, “we”, “us”, “our”) is a private limited company registered in England and Wales under company number 17532233, with its registered office at 128 City Road, London, EC1V 2NX, United Kingdom. You can contact us at hello@headlandyachting.com.

1.2 What these terms cover. These terms govern our yacht charter brokerage services and your use of our website at https://www.headlandyachting.com (the “Website”). They apply from your first enquiry, whether made through the Website, by email, by telephone, through WhatsApp or live chat, or in person.

1.3 How these terms fit with the charter contract. When you book a charter you will also sign a charter contract with the Supplier (defined in Section 2). These terms govern our relationship with you as your broker. The charter contract governs your relationship with the Supplier, including the yacht, the crew, the charter fee and cancellation charges. If these terms and the charter contract deal differently with the same matter concerning the yacht or the charter itself, the charter contract prevails.

1.4 Accepting these terms. By making an enquiry, asking us to place a Hold or asking us to prepare a charter contract, you accept these terms. Please read them with our Privacy Policy and Cookie Policy, both available on the Website.

2. Definitions and interpretation

2.1 Definitions. In these terms:

“APA” means the advance provisioning allowance (also called the advance on expenses) payable under a charter contract on a plus-expenses basis to meet running costs during the charter.

“Central Agent” means the agent appointed by a yacht’s owner to manage the yacht’s calendar, contracts and charter payments.

“Charter Contract” means the written charter agreement for a specific yacht and dates between you (or the Lead Charterer) and the Supplier.

“Charter Fee” means the fee for the charter stated in the Charter Contract, excluding the APA, the Security Deposit, gratuities and any amounts the Charter Contract states are payable separately.

“Client Money” means any money we receive from you or on your behalf in connection with a charter, other than money paid to us for our own account.

“Consumer” means an individual acting for purposes wholly or mainly outside their trade, business, craft or profession.

“Escrow Account” means the separate bank account described in Section 9 that we use only to hold Client Money.

“Hold” means a provisional reservation of a yacht for specific dates, sometimes called an option.

“Lead Charterer” means the person who signs the Charter Contract on behalf of the Party.

“Party” means everyone who will be on board under the charter, including the Lead Charterer and any children.

“Security Deposit” means any refundable deposit or damage waiver payment the Supplier requires against loss of or damage to the yacht.

“Services” means the brokerage services described in Section 3.

“Supplier” means the owner of the yacht, or the Central Agent, manager or charter company contracting on the owner’s behalf, as named in the Charter Contract.

2.2 Interpretation. Headings are for convenience only. “Including” means including without limitation. References to Sections are to sections of these terms.

3. Our role as your broker

3.1 Independent broker. We are an independent charter broker. We do not own, operate, manage or crew any yacht we offer, and we are not the Supplier of any charter.

3.2 What we do for you. Our Services consist of understanding your requirements; checking availability with Central Agents and Suppliers; sending you a shortlist with our honest assessment; requesting Holds; preparing and explaining the Charter Contract; passing information between you and the Supplier; holding Client Money where Section 9 applies; and helping you before, during and after your charter if anything needs to be raised with the Supplier.

3.3 We are not a party to the Charter Contract. We arrange the Charter Contract on your behalf but we do not sign it as a principal and we have no obligation to perform it. The Supplier is solely responsible for the yacht, its seaworthiness, equipment, safety, insurance, licences and permits, its captain and crew, and the delivery of the charter.

3.4 Who we will name. Before you sign, we will tell you the identity of the Supplier and of any Central Agent, and give you a copy of the Charter Contract.

3.5 Ending our Services. You may stop using our Services at any time without charge by telling us. This does not cancel any Hold already placed or any Charter Contract already signed, which will continue to be governed by their own terms. We may stop acting for you if you breach these terms, if we cannot complete the checks described in Section 18, or if your conduct towards us, a Supplier or a crew member is abusive or unlawful.

4. How we are paid

4.1 No broker fee to you. We do not charge you a fee for our Services unless we agree a fee with you in writing in advance.

4.2 Commission from Suppliers. We are paid a commission by the Supplier or the Central Agent, usually calculated as a percentage of the Charter Fee. The commission is included in the Charter Fee and does not increase the price you pay. The Charter Fee for a yacht is set by the Supplier and is normally the same whichever broker arranges the charter.

4.3 Our independence. Although Suppliers pay our commission, we act in your interests when recommending yachts. If we have any personal or financial connection with a particular yacht or Supplier beyond our usual commission, we will tell you before you choose it.

5. Enquiries, proposals and yacht information

5.1 Enquiries do not commit you. An enquiry or a request for a proposal does not commit you to anything, and no booking or payment is taken through the Website.

5.2 Source of yacht information. Descriptions, specifications, photographs, crew profiles, sample menus, rates, availability and reviews shown on the Website and in our proposals are supplied by Suppliers and Central Agents, including through industry booking systems. We take reasonable care to pass this information on accurately and to keep it current, but we do not independently verify it and cannot guarantee that it is complete or error-free.

5.3 Changes before contract. Crew, equipment, water toys, itineraries and availability can change at short notice. Rates are usually quoted in United States dollars and may exclude taxes, cruising permits, fuel, dockage, APA, gratuities and other charges. Until the Charter Contract is signed, any rate or availability we quote is an indication only, and the Charter Contract is the final statement of price and inclusions.

5.4 Our advice. Our recommendations are based on our professional experience and the information available to us at the time. Weather, sea conditions, anchorages and local services are outside our control and our descriptions of destinations are general guidance.

6. Holds and confirming a charter

6.1 Holds. At your request we will ask the Central Agent or Supplier to place a Hold on a yacht for your dates. A Hold is granted at the Supplier’s discretion, normally lasts only a few days, and may be released early if another client wishes to book the same dates and you do not confirm within the time the Supplier allows.

6.2 A Hold is not a booking. A Hold does not bind you or the Supplier and costs you nothing.

6.3 When a charter is confirmed. Your charter is confirmed only when the Charter Contract has been signed by you and the Supplier and the first payment due under it has been received in cleared funds by the Supplier, the Central Agent’s escrow account or our Escrow Account, as the Charter Contract requires. We will confirm in writing when that has happened.

7. The charter contract

7.1 Industry forms. Charter Contracts are usually prepared on a recognised industry form of charter agreement chosen by the Supplier, together with any special terms agreed for your charter. We will prepare the Charter Contract to reflect what you have agreed with the Supplier through us.

7.2 Read it carefully. The Charter Contract sets out the yacht, dates, embarkation and disembarkation ports, Charter Fee, inclusions, payment schedule, APA, Security Deposit, cancellation terms, the law that governs it and the responsibilities of each side. Please read it carefully before signing and ask us about anything that is unclear.

7.3 Authority of the Lead Charterer. The Lead Charterer signs the Charter Contract for the whole Party and must be at least 18 years old and have authority to accept these terms and the Charter Contract for every member of the Party.

7.4 Electronic signature. You agree that the Charter Contract and any related documents may be signed electronically.

8. Payments

8.1 Payment schedule. Payments are due on the dates and in the currency stated in the Charter Contract. Typically, a deposit (often 50 per cent of the Charter Fee) is due on signing and the balance, with any APA, is due 30 to 60 days before embarkation. If you book within that period, the full amount may be due on signing.

8.2 Where payments go. Depending on the Supplier’s requirements, each payment is made either to the Central Agent’s escrow or client account or to our Escrow Account. We will tell you in writing, before each payment is due, where it must be paid.

8.3 Method. Payments are normally made by bank transfer. We do not accept card payments through the Website. If a Supplier offers card payment, any card fees are set by the Supplier.

8.4 Cleared funds and charges. You are responsible for any bank charges for sending the payment and for ensuring that the amount received, after charges and any currency conversion, equals the amount due under the Charter Contract.

8.5 Late payment. If you do not pay any amount by its due date, the Supplier may be entitled to cancel the charter and apply the cancellation charges in the Charter Contract. We will remind you of upcoming payment dates, but meeting them remains your responsibility.

9. Client money and escrow

9.1 Separate Escrow Account. Where the Charter Contract or the Supplier requires payment to be made to us, you must pay it into our Escrow Account. The Escrow Account is a bank account separate from our own business accounts, used only to hold Client Money, and is never used to pay our business expenses.

9.2 Held on trust for you. We hold Client Money in the Escrow Account on trust for you until it is released under Section 9.3 or refunded under Section 9.5. Client Money does not belong to us and does not form part of our own assets.

9.3 Release to the Supplier. We release Client Money to the Supplier or the Central Agent only when, and to the extent that, it becomes payable under the Charter Contract. APA is forwarded to the Supplier or the captain before embarkation for use as the Charter Contract provides.

9.4 Our commission. Where the Supplier has agreed that we may receive our commission from the Charter Fee, we take it only from sums that have become payable to the Supplier under the Charter Contract. We never take commission from the APA or a Security Deposit.

9.5 Refunds of money we hold. If you become entitled under the Charter Contract to a refund of money that we still hold in the Escrow Account, we will return it to the account from which it was paid, normally within 14 days after your entitlement is confirmed, less only any bank charges we incur in making the transfer.

9.6 Money held by others. Once Client Money has been released to the Supplier or the Central Agent, and where you pay a Central Agent’s escrow or client account directly, that money is held under the Supplier’s or Central Agent’s terms. Any refund of it is the Supplier’s responsibility under the Charter Contract. We will help you pursue it, but we do not guarantee its return.

9.7 Interest. No interest is payable to you on Client Money.

9.8 Records. We keep a record of every payment received into and paid out of the Escrow Account for your charter and will give you a statement on request.

10. Payment security and fraud prevention

10.1 Our bank details will not change by email. Criminals target travel and yacht charter clients with emails that appear to come from brokers or Central Agents and give new bank details. We will never change our Escrow Account details by email, WhatsApp or text message alone.

10.2 Verify before you pay. Before making any payment, and especially if you receive new or changed bank details, please call us on a telephone number you have obtained independently of the message (for example, from the Website) to confirm them.

10.3 Responsibility for misdirected payments. We are not responsible for any loss if you send money to an account other than the one we have confirmed under Section 8.2, unless the loss results from our failure to take reasonable care to secure our own systems.

11. APA, security deposits and gratuities

11.1 APA. On a plus-expenses charter the APA is paid with the balance and is held and spent by the captain or Supplier for fuel, food, drinks, dockage and other running costs. The captain should keep an account of expenditure. Any unspent balance is refunded and any overspend must be settled before you disembark, as the Charter Contract provides.

11.2 Security Deposits. On a bareboat charter the Supplier will normally require a Security Deposit or damage waiver. Its amount, method of payment and the conditions for its return are set by the Supplier under the Charter Contract.

11.3 Gratuities. Crew gratuities are customary but discretionary, are not included in the Charter Fee unless the Charter Contract says so, and are paid directly to the crew.

12. Changes and cancellations by you

12.1 Charter Contract applies. If you wish to change or cancel a confirmed charter, the Charter Contract determines whether a change is possible and what cancellation charges apply. In the Caribbean charter market, the deposit is commonly non-refundable once a charter is confirmed, and the full Charter Fee may be payable as embarkation approaches.

12.2 How to cancel. Tell us and the Supplier in writing as soon as possible. We will pass on your request promptly, ask whether the Supplier can re-let the dates or offer alternative dates, and seek to reduce your loss where the Charter Contract allows.

12.3 No cooling-off period for the charter. A yacht charter is a leisure service provided on specific dates. Under United Kingdom consumer law, the 14-day cancellation right that applies to many distance contracts does not apply to such services, and Charter Contracts governed by other laws do not usually provide a cooling-off period either. Your cancellation rights are those set out in the Charter Contract. Your right to stop using our own Services under Section 3.5 is unaffected.

13. Changes and cancellations by the Supplier, weather and hurricane season

13.1 Supplier changes and cancellations. If the Supplier cannot provide the yacht, changes it significantly or cancels, your rights, which often include a comparable substitute yacht or a refund, are against the Supplier under the Charter Contract. We will notify you promptly, put forward options and help you enforce your rights.

13.2 Weather and safety. The captain or Supplier may alter the itinerary, delay departure or keep the yacht in port for reasons of weather, sea state, safety or the instructions of authorities. Whether any refund or compensation is due is determined by the Charter Contract.

13.3 Hurricane season. The Atlantic hurricane season runs from 1 June to 30 November. Charters in this period carry a higher risk of disruption. Some Charter Contracts contain specific named-storm provisions, and we will draw these to your attention before you sign.

14. Bareboat and skippered charters

14.1 Skipper qualifications. For a bareboat charter, the Supplier will require details of the nominated skipper’s qualifications and experience and may refuse the booking, require a check-out sail, or require you to take a paid skipper. The Supplier’s decision is final and we cannot override it.

14.2 Accurate sailing resume. You must give complete and accurate information about the skipper’s and crew’s experience. Inaccurate information may entitle the Supplier to refuse to hand over the yacht without refund.

14.3 Your responsibility on board. During a bareboat charter the nominated skipper is responsible for the navigation and safe operation of the yacht and for the safety and conduct of the Party, in accordance with the Charter Contract and local law.

15. Your responsibilities and your Party

15.1 Accurate information. You must give us and the Supplier accurate and complete information, including the names, ages and nationalities of the Party, any children, and any dietary, medical or accessibility needs relevant to the safe conduct of the charter.

15.2 Information about others. If you give us personal information about other members of the Party, you confirm that you are entitled to do so and that you have told them how it will be used, as explained in our Privacy Policy.

15.3 Conduct on board. The captain is responsible for the safety of the yacht and everyone on board and may refuse or end carriage for anyone who endangers the yacht, its crew or others, or who breaks the law. You must ensure that the Party follows the captain’s instructions, the Charter Contract and local laws, including laws on drugs, firearms, fishing, protected areas and immigration.

15.4 Children. The Lead Charterer is responsible for the supervision of any children in the Party at all times. Some yachts have age limits or are unsuitable for young children, and we will tell you about any restriction we are aware of.

16. Travel documents, entry requirements and insurance

16.1 Documents and entry. Each member of the Party is responsible for holding a valid passport, any visa or travel authorisation, and any health documents required to enter each country or territory the yacht will visit and to return home. Itineraries between the British Virgin Islands and the United States Virgin Islands involve customs and immigration clearance in both territories. We can tell you what we understand the usual requirements to be, but you must confirm them with the relevant authorities.

16.2 Insurance. We strongly recommend that every member of the Party holds comprehensive travel insurance from the date of booking, covering cancellation and curtailment, medical treatment and evacuation, personal belongings and, for charters between June and November, named storms. You should check whether the policy also covers the failure of the Supplier. Some Suppliers offer security deposit insurance or damage waivers for bareboat charters.

16.3 We do not arrange insurance. We do not sell, arrange or advise on insurance products. Any insurance must be purchased directly from an insurer or an authorised insurance intermediary.

17. Other travel services

17.1 Charters only. We arrange yacht charters only. We do not sell or arrange flights, accommodation ashore, transfers, excursions, insurance or any other travel service.

17.2 Recommendations. We may, as a courtesy, suggest providers of other services that we think may suit you. If you choose to use them, you book and pay directly with that provider, under that provider’s terms, and that provider alone is responsible for the service. We do not take payment for those services and we are not responsible for their acts, omissions or performance.

17.3 Referral payments. If we will receive any payment from a provider we recommend, we will tell you before you book with that provider.

18. Compliance, identity checks and sanctions

18.1 Identity and source of funds. Before accepting Client Money, we or our bank may ask you to verify your identity and the source of the funds. We may delay or refuse a payment, or decline to act, until those checks are completed to our reasonable satisfaction.

18.2 Sanctions. We cannot act for any person who is the subject of sanctions imposed by the United Kingdom, the United Nations or any other authority whose sanctions apply to us or to the relevant Supplier or banks, or where acting would breach those sanctions. You confirm that no member of the Party is such a person.

18.3 Lawful use. You must not use a charter for any unlawful purpose. We may report suspicious activity to the relevant authorities where we are required or permitted by law to do so.

19. Our responsibility to you

19.1 Our commitment. We will provide our Services with reasonable care and skill, and we will account for all Client Money we hold in accordance with Section 9.

19.2 What we are not responsible for. Because we act only as broker, we are not responsible for the acts, omissions, defaults or insolvency of any Supplier, Central Agent, captain, crew, airline, insurer or other third party, or for the condition, performance or safety of any yacht, except to the extent that loss results from our own failure to exercise reasonable care and skill in providing the Services.

19.3 Liability we do not limit. Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; for our obligation to account for Client Money we hold; or for any other liability that cannot lawfully be limited or excluded. If you are a Consumer, nothing in these terms affects your statutory rights.

19.4 Losses we are not liable for. We are responsible only for loss or damage that is a foreseeable result of our breach of these terms or our negligence. We are not liable for loss that was not foreseeable when you accepted these terms. If you are a Consumer, we are not liable for business losses. If you use our Services for business purposes, we are not liable for any loss of profit, revenue, business or opportunity, or for any indirect or consequential loss.

19.5 Financial limit. Subject to Section 19.3, our total liability to you arising out of or in connection with the Services for any one charter, whether in contract, tort (including negligence) or otherwise, is limited to the greater of the commission we receive for that charter and US$2,500.

20. Events outside our control

20.1 No liability for events beyond our control. We are not responsible for any failure or delay in performing the Services caused by events beyond our reasonable control, including hurricanes and severe weather, natural disasters, epidemics, war, terrorism, civil unrest, government action, port or border closures, strikes, failure of banking or communications systems, and the default or insolvency of a Supplier.

20.2 What we will do. If such an event affects your charter, we will tell you as soon as reasonably possible and work with the Supplier to find a solution. Your rights in relation to the charter itself are determined by the Charter Contract.

21. Complaints and dispute resolution

21.1 Telling us. If you are unhappy with our Services, please email hello@headlandyachting.com with details of your concern. We will acknowledge your complaint within 5 working days and aim to give you a full response within 28 days.

21.2 During the charter. If a problem arises on board, please raise it immediately with the captain or charter base so that it can be put right, and let us know. Many Charter Contracts require complaints to be made during the charter, and a problem not raised at the time may be harder to resolve later.

21.3 Complaints about a Supplier. If your complaint concerns the yacht or crew, we will raise it with the Supplier on your behalf and help you through the Supplier’s complaints procedure and the Charter Contract.

21.4 Alternative dispute resolution. If we cannot resolve your complaint about our Services, we will tell you in writing whether we are prepared to refer it to an alternative dispute resolution provider and, if so, which one.

22. Using our website and communication channels

22.1 Permitted use. You may view, print and share pages of the Website for your personal, non-commercial use. You must not use the Website in any way that is unlawful or fraudulent; introduce viruses or other harmful code; attempt to gain unauthorised access to the Website or its systems; or use automated tools to copy, scrape or extract its content.

22.2 Availability. We provide the Website free of charge and do not guarantee that it will always be available, uninterrupted or free of errors. We may change or withdraw any part of it at any time.

22.3 WhatsApp and live chat. If you contact us through WhatsApp or live chat, your use of those services is also governed by the terms of their providers. Do not send passport details, bank details or payment card details through these channels. We will tell you how to send identity documents securely when we need them.

22.4 Links and embedded content. The Website may contain links to, or embedded content from, third-party sites and services, including Instagram, Google reviews and Google Maps. We do not control and are not responsible for third-party content or practices.

23. Intellectual property and content you send us

23.1 Our content. The Website, its design, text, graphics, logos and the Headland Yachting name and headland mark belong to us or are used under licence. Yacht photographs, specifications and other information supplied by Suppliers and Central Agents remain the property of their owners. Nothing in these terms grants you any right to use our trade marks or content other than as permitted by Section 22.1.

23.2 Reviews and testimonials. If you send us a review, testimonial or photograph and agree that we may publish it, you grant us a non-exclusive, royalty-free, worldwide licence to reproduce it on the Website, in proposals and on our social media, attributed by your first name, initial and type of charter, unless you ask us to use a different attribution. You may ask us to remove it from our own channels at any time.

23.3 Genuine reviews only. We publish only genuine reviews from real clients. We do not write, buy or incentivise reviews, and we do not suppress negative reviews.

24. General

24.1 Notices and electronic communications. We will communicate with you mainly by email. Notices under these terms may be given by email to the address you have most recently given us.

24.2 Changes to these terms. We may update these terms from time to time. The version in force when you ask us to prepare your Charter Contract will apply to that charter.

24.3 Assignment. You may not transfer your rights under these terms without our written consent. We may transfer our rights and obligations under these terms to another business that takes over our brokerage business, provided this does not reduce your rights, and we will tell you if this happens.

24.4 Third parties. These terms are between you and us. No other person has any right to enforce them under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

24.5 Severability. If any provision of these terms is found to be invalid or unenforceable, the remaining provisions continue in full force.

24.6 No waiver. If we delay in enforcing any right under these terms, we may still enforce it later.

24.7 Entire agreement. These terms, together with any fee or other arrangement we agree with you in writing, are the entire agreement between you and us concerning our Services. They do not form part of, and do not vary, the Charter Contract.

25. Governing law, jurisdiction and contact

25.1 Governing law. These terms and any dispute arising out of or in connection with them are governed by the law of England and Wales. The Charter Contract is governed by the law stated in it.

25.2 Jurisdiction. The courts of England and Wales have jurisdiction over any dispute arising out of or in connection with these terms. If you are a Consumer living in Scotland or Northern Ireland, you may also bring proceedings in your local courts.

25.3 Consumers outside the United Kingdom. If you are a Consumer living outside the United Kingdom, these terms do not deprive you of any mandatory consumer protection that the law of your country of residence gives you, and you may bring proceedings in your local courts where that law allows.

25.4 Contact. Questions about these terms should be sent to:

Headland Yachting Limited

128 City Road, London, EC1V 2NX, United Kingdom

Email: hello@headlandyachting.com