Part A Summary of Classic Sailing Terms & Conditions

Transcription

1 Part A Classic Sailing Summary Part B Detailed Classic Sailing Terms and Conditions Part C Pilgrim Suppliers Terms and Conditions Part A Summary of Classic Sailing Terms & Conditions Classic Sailing is only an agent for the vessel you are sailing on. Travel Insurance is required on all voyages except on day sails. If you cancel, the closer to the voyage start date the more money you will need to claim on your travel insurance. Guarantee o If your voyage is cancelled by the vessels owners Classic Sailing will guarantee you get a full refund of your voyage fee and reasonable associated travel costs you have been unable to use, with the following exceptions: Where the voyage is cancelled or disrupted by war, terrorism or nuclear radiation. Where the costs can be claimed from a reasonable yachting/tall ship travel insurance policy. You are advised to read the full Terms and Conditions Part B Detailed Classic Sailing Terms and Conditions Introduction Classic Sailing act as an agent on behalf of the supplier of your sailing adventure (e.g. the vessel owners). These Booking Conditions, together with our privacy policy ( and website terms of use, and any other written information we brought to your attention before we confirmed your booking, apply to your booking with Classic Sailing Ltd a company registered in England under company number , whose registered office address is Classic Sailing Ltd, Mermaids, St Mawes, Truro, Cornwall TR2 5AA Reference to we, our, us or ourselves is Classic Sailing. Please read this material carefully as it sets out your and our respective rights and obligations. In these Booking Conditions references to "you" your and "yourselves" include the sailor named and or the person booking on behalf of the sailor on the booking application and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred to. Travel Insurance is required please see Part A 11 below. The person completing the booking application. For all booking applications, by making an application, the person completing the booking application agrees on behalf of all persons detailed on the booking that: Page 1 of 6

2 (i) He/she has read these Booking Conditions, our website terms of use and any other written information we have brought to his/her attention before the booking was confirmed, and has the authority to and does agree to be bound by them; (ii) He/she has read our privacy policy and consents to our use of information in accordance with it; and (iii) He/she is over 18 years of age, where placing an order for services with age restrictions, declares that he/she and all members of the party are of the appropriate age to purchase those voyages. Classic Sailing Agency Terms and Conditions We act only as an agent of the supplier(s) of the sail training voyage in respect of all bookings we take and/or make on your behalf. We accept no liability in relation to any contract you enter into or for any services or arrangements you purchase ( arrangements ) or for the acts or omissions of any supplier(s) or other person(s) or party(ies) connected with any arrangements. For all arrangements, your contract will be with the supplier of the arrangements in question (the supplier(s) ). When making your booking we will arrange for you to enter into a contract with the applicable supplier(s) of the arrangements. Your booking will be subject to these Agency Terms and Conditions and the specific booking conditions of the relevant supplier(s) you contract with and you are advised to read both carefully prior to booking. The supplier s terms and conditions may limit and/or exclude the supplier's liability to you. 1 Booking and payment A booking is made with a supplier when: (a) you tell us that you would like to accept our written or verbal quotation; (b) you pay the deposit as required by Classic Sailing or the supplier of the arrangements in question, whichever is the soonest, (or full payment if booking within 12 weeks of departure); (c) you pay all applicable booking fees if required; and (d) we send you a booking confirmation on behalf of the supplier. Some vessels require a Mid Payment of which you will be informed with your booking approval. Deposit payments are normally 25% but we will notify of any difference with your booking approval . As we act only as booking agent, we have no responsibility for any errors in any documentation except where an error is made by us. If you have paid a deposit, you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will notify the supplier who may cancel your booking and charge the cancellation fees set out in their booking conditions. 2 Booking When making your booking you to enter into a contract with the applicable supplier(s) of the arrangements. Your booking will be subject to these Agency Terms and Conditions and the specific booking conditions of the relevant supplier(s). You enter into a contract with us when we issue our confirmation invoice. If you have paid a deposit, you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will notify the supplier who may cancel your booking and charge the cancellation fees set out in their booking conditions. Page 2 of 6

3 In most circumstances we apply a booking fee for the services we provide, in addition to any charge levied by the supplier (please see below). Except where otherwise advised or stated in the booking conditions of the supplier concerned, all monies you pay to us for arrangements will be passed as appropriate to the supplier(s) within one month. Classic Sailing reserve the right not to accept a booking application on the grounds of health, safety availability or other reasons that would not be compatible with a successful voyage for whatever lawful reason. 3 Prices and Special Offers Please note that changes and errors sometimes occur. You must check the price of your chosen arrangements at the time of booking. We reserve the right to amend advertised prices at any time. We also reserve the right to correct errors in both advertised prices and prices for confirmed bookings. Special Offers prices are for new bookings only. 4 Changes and cancellations by you Any cancellation or amendment request must be sent to us in writing, by , or post. Proof of posting is not proof of receipt, therefore you are advised to also confirm all changes to our booking team by telephone +44 (0) Please ensure that you have received written confirmation of any changes to your booking prior to travel. Whilst we will try to assist, we cannot guarantee that such requests will be met. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the supplier of your arrangements. The voyage supplier may charge the cancellation or amendment charges shown in their booking conditions (which may be as much as 100% of the cost of the travel arrangements and will normally increase closer to the date of departure). 5 Changes and cancellations by the Supplier We will inform you as soon as reasonably possible if the supplier needs to make a significant change to your confirmed arrangements or to cancel them. We will also liaise between you and the supplier in relation to any alternative arrangements offered by the supplier. All vessel owners will refund your voyage fee if they have to cancel except: Where the voyage is cancelled or disrupted by In the event of war, terrorism or nuclear radiation. Where the costs can be claimed from a reasonable yachting/tall ship travel insurance policy. If your voyage is cancelled by the vessels owners and they are not prepared to cover your reasonable associated travel costs Classic Sailing will guarantee you get a refund of your reasonable associated travel costs you have been unable to use, with the following two exceptions: 6 Our Service Charges Where the voyage is cancelled or disrupted by war, terrorism or nuclear radiation. Where the costs can be claimed from a reasonable yachting/tall ship travel insurance policy. Page 3 of 6

4 In most circumstances we apply a booking fee for the services we provide, in addition other charges may apply: SERVICE CHARGES Name: Booking Fee, charge 20 or 30, depending on the currency of the booking, per person. Name: Amendment or transfer to booking 50 per person. Name: Cancellation by you 50 per person per voyage 7 Our responsibility for your booking Your contract is with the supplier and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment. 8 Visa, passport and health requirements Information on visa, passport and health requirements is beyond our expertise as our customers come from many different nationalities, living in many different countries and visiting many different territories. You must check the up to date position with the supplier of the arrangements or your Passport Office, advice for the countries you are visiting from the appropriate embassies, consulate or your doctor (as applicable) in good time before departure. 9 Complaints Because the contract for your arrangements is between you and the supplier, any queries or concerns should in the first instance be addressed to them, except where an error is made by us. However Classic Sailing would like to be informed so that we can investigate the complaint and help reach an agreement between you and the supplier. 10 Financial Protection Travel Insurance is required for all bookings, except day sails, and this should provide you financial security for most expenses if you have to cancel the voyage yourself. We know that most travel insurances will not cover for the voyage supplier becoming insolvent (bankrupt) and there may be other exceptions. Guarantee Page 4 of 6

5 If your voyage is cancelled by the vessels owners Classic Sailing will guarantee you get a full refund of your voyage fee and reasonable associated travel costs you have been unable to use, with the following two exceptions: 1. Where the voyage is cancelled or disrupted by war, terrorism or nuclear radiation. 2. Where the costs can be claimed from a reasonable yachting/tall ship travel insurance policy. 11 Travel Insurance is Required Adequate travel insurance is a condition of your contract with us for all voyages except for day sails. You must take out a policy of insurance in order to cover you and your party for sailing on traditional boats and tall ships in territorial or international waters as appropriate: against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses. If you fail to travel with adequate yachting/tall ship travel insurance cover we will not be liable for any losses in respect of which reasonable yachting/tall ship travel insurance cover would otherwise have been available. 12 Documentation & Information All descriptions and content on our website or otherwise issued by us is done so on behalf of the supplier(s) in question are intended to present a general idea of the services provided by the supplier(s) in question. Not all details of the relevant services can be included on our website. All services shown are subject to availability. 13 Special requests If you have any special requests for example dietary requirements, please let us know at the time of booking. We will pass on all such requests to the supplier, but we can't guarantee that they will be met and we will have no liability to you if they are not. 14 Accuracy We endeavour to ensure that all the information and prices both on our website and in our brochures are accurate, however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed. 15 Itineraries Voyage itineraries cannot be guaranteed as these could be affected by mechanical, weather or safety conditions. This includes your ports of embarkation and disembarkation: our supplier(s) try to avoid this as much as possible. 16 Disabilities and Medical Problems We can cater for most medical and disability issues but reserve the right on behalf of our supplier(s) to not confirm a booking if it is believed it could be potentially unsafe to you or other customers. We may require you to produce a doctor s certificate certifying that you are fit to participate in the voyage. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details. Page 5 of 6

6 17 Data Protection and Privacy Please read our data protection and privacy policy (see for full information regarding the way in which we use and store your personal data). 18 Suppliers All of the services which make up your voyage are provided by independent suppliers or charities. These suppliers provide their services in accordance with their own terms and conditions which will form your contract with them. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Your Suppliers Terms and Conditions are shown below. 19 Nothing in these Terms and Conditions shall limit or exclude our liability for: death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors; or fraud or fraudulent misrepresentation; or any other liability that cannot be excluded or limited by law. 20 Jurisdiction and applicable law These Booking Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England. You may, however, choose the law and jurisdiction of Scotland and Wales, or Northern Ireland, if you live in one of those countries. Classic Sailing reserve the right to change our Terms and Conditions as and when required. Part C Voyage Suppliers Terms and Conditions below. Page 6 of 6

7 TERMS AND CONDITIONS OF BOOKING 2018 ( The Company refers to Pilgrim Heritage Sailing Foundation) 1. PAYMENT A deposit of 25% of the cost per berth is required for Extended Voyages (cruises that include a minimum of one night on board accommodation). The balance is payable 8 weeks prior to sailing. By paying your deposit you agree to the following terms and conditions. Charges for day, half day and evening sails are payable in full at the time of booking and by making payment you agree to these terms and conditions. 2. CANCELLATION Cancellation by the client (Extended voyages are those which include overnight accommodation. Day voyages include day, half day or evening voyages excluding overnight accommodation) More than 12 weeks before sailing date In the event that you have to cancel your booking any deposit or balances paid by you to Pilgrim Heritage Sailing will be refunded within 30 days of notice of cancellation less a 30 administration fee for extended voyages and 10 administration fee for day voyages. Less than 12 weeks and more than 8 weeks before sailing date In the event that you have to cancel your booking we will make every effort to re-book your berth(s) and if we are successful in so doing any deposit or balances paid by you to the Company will be refunded within 30 days of notice of cancellation less a 30 administration fee for extended voyages and 10 administration fee for day voyages. If we are unable to re-book your berth(s) then any deposit paid will not be repayable. In the case of day voyages that have been paid in full and where no rebooking has been possible, 75% will be refundable in these circumstances and payable by the Company within 30 days of notice of cancellation. Less than 8 weeks before sailing date. Cancellation within 8 weeks of the sailing date requires payment in full and any payments made will be retained and any outstanding balances will remain due and immediately payable notwithstanding the cancellation. Cancellation by the Company In circumstances where the exceptions listed below do not apply, and as a last resort, we reserve the right to cancel any voyage if operating circumstances so demand. If this proves necessary, we will offer an alternative sailing where possible and with the clients written consent. Where no alternative is possible or where the client does not give consent, any deposits or balances that have been paid will be refunded in full and Pilgrim Heritage Sailing Foundation will have no further liability whatsoever. ( written consent means by letter or acknowledged ) Exceptions a) Force Majeure i.e. acts of terrorism, earthquake, pandemics and government decree terminating the voyage. b) Any other cause beyond the reasonable control of Pilgrim Heritage Sailing Foundation PILGRIM Heritage Sailing Foundation Registered office: 15, Fore Street, Brixham, Devon, TQ5 8AA Tel: info@pilgrimofbrixham.co.uk Registered in England and Wales Company No Charity Commission No

8 c) Bad weather in which case the company will refund 60% of the total fee for voyages cancelled for bad weather. Refunds will be made within 30 days of the notification of cancellation. Vouchers will be issued for the balance for which may be redeemed in full or part payment of another voyage (subject to availability). d) Any delay, curtailment, changes to itinerary, alterations to travel arrangements (including embarkation/disembarkation at a port other than advertised) or any associated costs due to weather conditions or operational reasons beyond our control will not be compensated by Pilgrim Heritage Sailing Foundation. We strongly recommend that you have appropriate travel insurance that provides cover in the event of cancellations. (See 6 below) Bookings are subject to the provisions of the Athens Convention. 3. PRICING The Company reserves the right to alter the price of any voyage without notice up or down prior to the confirmation of booking. Special offers are for new bookings only. Errors and omissions are excepted. Bookings will be processed at our published prices for the time of the booking. Once bookings are confirmed prices will not be altered. Prices Include: Extended Voyages of one night of more: all meals and non-alcoholic refreshments on board, bedding, (towels on request), use of lifejackets, safety equipment, fuel and harbour dues. Day Sails: meals as advertised, non-alcoholic refreshments, use of lifejackets, safety equipment and harbour dues. Half Day and Evening Sails: non-alcoholic refreshments meals as advertised, use of lifejackets, safety equipment and harbour dues. Prices do not include Travel to and from port of embarkation or disembarkation (including luggage handling) Meals and drinks taken in restaurants, bars etc. Personal travel insurance Alcoholic beverages taken on board Swimming towels 4. ITINERARY Due to the vagaries of weather the advertised itinerary is not guaranteed. We will aim to achieve the specified departure point, arrival point and any intended itinerary, but cannot guarantee that we will do so. The weather, particularly the direction of the wind, is the main determining factor for the safety and comfort of the voyage and is at the discretion of the skipper. The decision of the skipper or in his absence his delegated representative will be final. All matters arising from voyages shall be subject to English law and jurisdiction. 5. SAFETY Your safety and comfort is our priority. Our vessel and safety equipment adhere to and exceed the standards required by law. You will be fully briefed on safety procedures at the start of the voyage. By undertaking the voyage you agree to abide fully with the instructions of the skipper or designated representative in all safety matters throughout the voyage. If prior to commencing or during a voyage the skipper or his designated representative deems that the behaviour of any guest is inappropriate and may endanger the voyage or the enjoyment of the voyage by other guests in any way, the guest will be asked to leave the vessel at the next suitable port. In this case the guest in question will not be eligible for a refund or compensation or additional travel expenses incurred. Pilgrim Heritage Sailing Foundation Terms & Conditions of Booking Page 2 of 3

9 6. INSURANCE/ HEALTHCARE We strongly recommended you have your own travel insurance to cover against cancellation, loss of personal effects, personal injury, medical expenses, etc. Please ensure that the policy you choose includes cover for sailing outside of UK territorial waters (more than 12 nautical miles offshore). In case medical treatment is required abroad please ensure that you have a European Health Insurance Card (EHIC) for voyages that may involve ports of call outside the UK. See footnote regarding Everards Insurers. Channel Islands: Please Note; there is no bilateral healthcare agreement between the UK and the Channel Islands. Anyone travelling to the Islands, will be required to pay for medical treatment should they become ill or injured. Visitors from the UK are advised to arrange for adequate travel insurance in advance. All those taking part should be reasonably fit for a voyage in a sailing vessel, and free from medical disabilities which would affect their ability to take part in such a voyage. If you are unsure, please discuss this with us before making a booking. Telephone or info@pilgrimofbrixham.co.uk 7. OTHER We regularly take pictures for use in promotional material, including our web site. If you or any member of your group wishes NOT to appear in any such photography, please let us know prior to your voyage. Tickets, travel directions, and advice on what to bring and wear, are sent out with a cruise ticket once full payment is received. Privacy Policy We will not share any personal information that you provide; your name, address, contact details and any disclosed medical information. We will use this information only to contact you and cater to your needs and to keep you informed about Pilgrim s activities in the future. Once your voyage is complete you may elect to opt-out. Holiday & Travel Insurance Everards Insurance Brokers Everards (with whom our vessel is insured) have arranged a scheme specifically designed for sailing outside of UK territorial waters (more than 12 nautical miles offshore). Premium based per person, no form to complete. Telephone or info@everardinsurance.co.uk Pilgrim Heritage Sailing Foundation Terms & Conditions of Booking Page 3 of 3

10 6. INSURANCE/ HEALTHCARE We strongly recommended you have your own travel insurance to cover against cancellation, loss of personal effects, personal injury, medical expenses, etc. Please ensure that the policy you choose includes cover for sailing outside of UK territorial waters (more than 12 nautical miles offshore). In case medical treatment is required abroad please ensure that you have a European Health Insurance Card (EHIC) for voyages that may involve ports of call outside the UK. See footnote regarding Everards Insurers. Channel Islands: Please Note; there is no bilateral healthcare agreement between the UK and the Channel Islands. Anyone travelling to the Islands, will be required to pay for medical treatment should they become ill or injured. Visitors from the UK are advised to arrange for adequate travel insurance in advance. All those taking part should be reasonably fit for a voyage in a sailing vessel, and free from medical disabilities which would affect their ability to take part in such a voyage. If you are unsure, please discuss this with us before making a booking. Telephone or info@pilgrimofbrixham.co.uk 7. OTHER We regularly take pictures for use in promotional material, including our web site. If you or any member of your group wishes NOT to appear in any such photography, please let us know prior to your voyage. Tickets, travel directions, and advice on what to bring and wear, are sent out with a cruise ticket once full payment is received. Privacy Policy We will not share any personal information that you provide; your name, address, contact details and any disclosed medical information. We will use this information only to contact you and cater to your needs and to keep you informed about Pilgrim s activities in the future. Once your voyage is complete you may elect to opt-out. Holiday & Travel Insurance Everards Insurance Brokers Everards (with whom our vessel is insured) have arranged a scheme specifically designed for sailing outside of UK territorial waters (more than 12 nautical miles offshore). Premium based per person, no form to complete. Telephone or info@everardinsurance.co.uk Pilgrim Heritage Sailing Foundation Terms & Conditions of Booking Page 3 of 3

11 Part A Classic Sailing Summary Part B Detailed Classic Sailing Terms and Conditions Part C Pilgrim Suppliers Terms and Conditions Part A Summary of Classic Sailing Terms & Conditions Classic Sailing is only an agent for the vessel you are sailing on. Travel Insurance is required on all voyages except on day sails. If you cancel, the closer to the voyage start date the more money you will need to claim on your travel insurance. Guarantee o If your voyage is cancelled by the vessels owners Classic Sailing will guarantee you get a full refund of your voyage fee and reasonable associated travel costs you have been unable to use, with the following exceptions: Where the voyage is cancelled or disrupted by war, terrorism or nuclear radiation. Where the costs can be claimed from a reasonable yachting/tall ship travel insurance policy. You are advised to read the full Terms and Conditions Part B Detailed Classic Sailing Terms and Conditions Introduction Classic Sailing act as an agent on behalf of the supplier of your sailing adventure (e.g. the vessel owners). These Booking Conditions, together with our privacy policy ( and website terms of use, and any other written information we brought to your attention before we confirmed your booking, apply to your booking with Classic Sailing Ltd a company registered in England under company number , whose registered office address is Classic Sailing Ltd, Mermaids, St Mawes, Truro, Cornwall TR2 5AA Reference to we, our, us or ourselves is Classic Sailing. Please read this material carefully as it sets out your and our respective rights and obligations. In these Booking Conditions references to "you" your and "yourselves" include the sailor named and or the person booking on behalf of the sailor on the booking application and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred to. Travel Insurance is required please see Part A 11 below. The person completing the booking application. For all booking applications, by making an application, the person completing the booking application agrees on behalf of all persons detailed on the booking that: Page 1 of 6