TERMS & CONDITIONS
Please make sure you have read and understood these terms and conditions before making a booking as they will form the basis of your contract with us. Making a booking will confirm your acceptance of these terms and conditions.
Booking confirmation: the advice and invoice we send you outlining the names of person(s) booked, the date of departure of your sailing holiday, the deposit amount to be paid and the date it is due by, the balance of payment required and the date it is due by and details of payment options.
Working Day: means a day on which registered banks are open for business in England, excluding Saturdays, Sundays and public holidays.
Contract: means any booking, arrangement or agreement made between you and Med Sailors Limited.
We, us, our, ourselves, Med Sailors: Med Sailors Limited
You, your: any person(s) named on the booking form regardless if noted at the time of booking or added or deleted at a later date.
All monetary amounts are stated in Great British Pounds (GBP £) and are payable inclusive of VAT and in England, unless otherwise provided.
Where the context permits the singular includes the plural and vice versa.
References to Clauses are to clauses in this contract.
The law of England and Wales will apply to the contract made between you and ourselves.
If any provision(s) of this contract is or becomes invalid and unenforceable then that provision will be deemed to be deleted. However that provision will not affect the remainder of the contract which will remain in full force and effect subject to any modifications which are deemed necessary by the deletion of the invalid or unenforceable provision(s).
If a person confirms a booking through our online booking form on our website or made the booking through a travel agent associated with us, they must ensure all person(s) named on the booking form have read and understood these terms and conditions which form the basis of our contract with you. If any person named on this booking form is under 18 years of age at the time of booking then they must obtain the consent of their parent(s) or guardian(s), who must also have read these terms and conditions.
Subject to availability of our sailing packages on the dates you requested, as soon as possible after your booking has been made, we will send you or your travel agent a booking confirmation outlining the deposit payment to be made, the date it is due in order to confirm your booking and details of payment options. This booking confirmation will also outline the balance of payment required from you and the date this is due in order to complete your arrangement with us.
It will be the responsibility of the person(s) who made the booking through our online booking form or made the booking through a travel agent associated with us to ensure the booking confirmation is sent to all person(s) noted on the booking form regardless of whether they are noted on the booking form at the time of booking or added at a later date. It will also be the responsibility of the person(s) who made the booking to inform us of any errors that are on the booking confirmation within 10 working days of it being sent. In accordance with clause 8 we will not be liable for any erroneous information supplied by you. Likewise we will also not be liable for any loss suffered by you as a result of any of our emails being blocked by web filters or firewalls.
When making a booking through our online booking form or through a travel agent associated with us a deposit of £100 is required from each person noted on the booking form in order to secure each individual place on one of our yachts. Payment of the deposit must be payable to us within 2 working days from when you receive the booking confirmation. The deposit amount and date of payment for the deposit will be noted on the booking confirmation along with details of payment options. Payment in full of the balance of the purchase price is required 10 weeks prior to your departure date. The date of this payment will also be noted on your booking confirmation. If you wish, you may make full payment of the purchase price at the time of booking. It is the responsibility of the person(s) who made the booking through our online booking form, or made the booking through a travel agent associated with us to ensure the deposit and full payment of the balance is received by us, before the date required in the booking confirmation.
Please note if at the time of booking it is less than 10 weeks before your date of departure then the full payment amount is required at the time of booking.
Please also note if you make a booking with us but fail to pay the balance noted in the booking confirmation by the date required then you will forfeit the deposit to us and your sailing holiday with us will be deemed cancelled by you in accordance with Clause 6.
If you wish to change the name of a party on your booking form then you must notify us immediately in writing. If we are able to make the change(s) you requested, which will be subject to the laws and regulations of the country where you will be undertaking your sailing holiday, then we will do so at an administration cost of £10 per name change.
We reserve the right to change the price or holiday arrangements of your sailing holiday with us at any time if we become aware of any erroneous information that is contained in your booking confirmation or on our website or any other advertising materials. We will advise you of such error as soon as we are aware of such. If we are subject to considerable cost increases then we also reserve the right to pass on these cost increases to you.
Our skippers will try and follow the itinerary strictly but there may be extenuating circumstances where this is not possible. We reserve the right to modify the itinerary if our skipper(s) or any other Med Sailors employee(s) deem it necessary.
We reserve the right to amend these terms and conditions at any time, without notice to you. By accepting these terms and conditions you agree to be bound by any such amendments to the contract as we may make from time to time.
If you fail to pay the balance of the purchase price by the date required in the booking confirmation then you will be deemed to have cancelled your booking with us and you will forfeit your deposit.
If you wish to cancel your arrangements with us other than failing to pay the balance of the purchase price by the date required then we must be notified of such cancellation in writing. The date of cancellation by you will be the date we receive the notice of cancellation. If we receive notice of such cancellation less than 10 weeks, but more than 6 weeks prior to your departure date then we will attempt to refund your payment to you, minus your deposit already paid and a £200 administration fee per person. If we receive notice of such cancellation less than 6 weeks prior to your departure date then we regret that we cannot refund you any of the payment which was received by us and accordingly you will forfeit the entire purchase price in full. Depending on the circumstances of your cancellation you may be able to claim part or all of the purchase price back from your travel insurance provider.
7.0 FORCE MAJEURE
We will not be in breach of this contract if the breach was caused by something that is unforeseeable and beyond our control. Accordingly, we will not be liable for any act, omission or failure under this contract if that act, omission or failure was as a consequence, beyond our, our employees or our suppliers reasonable control, including but not limited to civil disruption, industrial disputes, terrorism, war, extreme weather conditions, fire and natural disasters.
We will try and perform our contractual obligations to you using reasonable skill and care according to the laws and regulations of the country where your sailing holiday took place. This means that if the skill and care which was performed is found to be reasonable according to the laws and regulations of the country where your sailing holiday took place then we will not be liable to you even if the skill and care which was performed would not be classified as reasonable if your sailing holiday took place in the UK.
We will not be responsible and therefore will not be held liable for the security of your personal belongings and luggage while you are on your sailing holiday with us.
If you do have a complaint against us then please notify an employee of Med Sailors or your skipper as soon as possible so we can try and rectify the problem. If this is not possible then please notify us of such in writing directly after and no more than 28 days after your date of departure with us. Notwithstanding anything else in this contract we will not be liable to you in any way for any loss, expense, damages, injury, illness or death if your claim was as a result of:
Any act, omission or failure by any employee(s), if they were not acting in the course of their employment carrying out the duties they were contracted to do with us;
Any act, omission or failure by any of our supplier(s);
Any act, omission or failure by you, a person named on your booking form, whether at the time of booking or added at a later date, or another member of the public who has contracted our services for a sailing holiday and is on one of our yachts;
Any erroneous information supplied by you or a party on your booking form;
Any act, omission or failure by any third party;
In accordance with Clause 9.
Anything which may amount to force majeure in accordance with Clause 7.
Subject to the above, it is your responsibility to prove we did not use reasonable skill and care, in providing you with your sailing holiday according to the laws and regulations of the country where the claim in question arose. We will not be liable to you for any loss, damages or expenses suffered by you other than:
If we are found not to have used reasonable skill and care in providing you with your sailing holiday in accordance with the laws and regulations of the country where your claim arose and your claim does not pertain to injury or death, then our liability will be limited to £500 in total per person;
If we are found not to have used reasonable skill and care in providing you with your sailing holiday in accordance with the laws and regulations of the country where your claim arose and your claim concerns injury or death, then our liability will be limited in accordance with and/or in a manner which is identical to the international conventions applicable which may include but is not limited to the Athens Convention 1974.
Subject to the above, although you may not wish to actively participate in any sailing, by accepting these terms and conditions you confirm that you are aware and will assume any associated risks, included but not limited to injuries, muscular strains and broken bones, which can be associated with sailing holidays.
It is your responsibility to inform your skipper (or Med Sailors prior to the date of your departure) if you suffer from epilepsy, anxiety disorders, heart, bone or neurological conditions, diabetes, asthma, high or low blood pressure, injuries, any other medical condition which could affect your sailing holiday with us or if you are or could be pregnant. It is your responsibility to consult your health practitioner to ensure you are physically fit and able to undertake a sailing holiday with us. It is also your responsibility to keep any medication/equipment for any medical conditions you may have with you at all times. Please note each yacht will only carry a generic first aid kit.
9.0 EARLY TERMINATION OF CONTRACT
As we sail in a flotilla we ask you to please be mindful that you are or may be in the company of third parties who have also contracted to sail with Med Sailors on their sailing holiday. If our skipper or any other employee(s) of Med Sailors deems your behaviour inappropriate, illegal according to the laws and regulations of the country in which you are sailing in, abusive, a threat to either yourself or others, including third parties, or you cause or are likely to cause damage or loss to our property or the property of our suppliers or the property of third parties, or you do not follow the instructions or orders of our skipper or any other employee(s) of Med Sailors then we reserve the right to immediately cease our contract with you. You will be asked to leave the yacht immediately and from this point onwards you will be solely responsible for making your own travel arrangements. We will not be held liable to you for any expenses incurred by you after our contract with you has ceased.
With accepting these terms and conditions you also accept full responsibility for any damage, loss or expense caused by you or a person(s) named on your booking form whether at the time of booking or added at a later date. Payment in full of this expense is required immediately and is directly payable to your skipper or another employee of Med Sailors. Should our skipper or another employee of Med Sailors find damage caused by you or another person(s) named on your booking form whether at the time of booking or added at a later date, after you have left the yachts then you will still be held liable and the sum which is immediately left owing by you will be notified to you. Please note payment for any damage and loss incurred by us is payable within 5 working days of us sending you such notification.
All person(s) who are on the booking form whether at the date of booking or added at a later date must be 18 years of age or older on the date of departure.
You may be required to pay a local tax in the country you wish to sail in. Should this local tax payment be required then it will be directly payable to your skipper or another employee of Med Sailors in cash in the local currency of the country in which you are sailing.
It will be your responsibility to ensure you have adequate travel insurance which will meet the circumstances of your sailing holiday with us.
It will be your responsibility to ensure you have the appropriate visa, passport and/or travel documentation in order to have a sailing holiday with us in the country you wish to enter. We will not be held liable if you are refused entry and we will not refund you for part or all of your sailing holiday with us if you are refused entry to the country in which you wish to sail. If for any reason we incur any costs or financial liability because you failed to obtain the appropriate visa, passport and/or travel documentation then the full repayment of this amount is required immediately to us by you.
It will be your responsibility to ensure you are at the departure point by the check in time which will normally be 1pm on your departure date. We will not be held liable for any expenses or costs caused by any travel delays which you may have incurred, in getting to the departure point by the check in time.
Please note we use real people on real sailing holidays for any images we may have on our brochures, advertising materials, promotional materials and general publicity. If a photographer or another employee of Med Sailors is taking photographs or video and you have an objection to these being used by us in this manner please make your objection known to them.
Pets will not be permitted on board the yacht.
We hold valid public liability insurance.
11.0 FINANCIAL PROTECTION
The monies you pay to us for your tour are protected by means of a bond held by ABTA/a trust account/an insurance policy with Vantage. This means that, if in the unlikely event of our insolvency your tour can’t be provided, you will receive your money back or, if your stay has started, arrangements will be made for you to be able to continue as planned.
We are a Member of ABTA, membership number Y0005. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with this contract. The arbitration scheme is arranged by ABTA and administered independently. It provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. The scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking form. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within eighteen months of the date of return from holiday. Outside this time limit arbitration under the Scheme may still be available if we agree, but the ABTA Code does not require such agreement. For injury and illness claims, you can request the ABTA Mediation Procedure and we have the option to agree to mediation. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.
Med Sailors Limited
EAST HOUSE 109 SOUTH WORPLE WAY