TERMS AND CONDITIONS
SailWeek Ltd, 2nd Floor, Nucleus House, 2 Lower Mortlake Road, Richmond TW9 2JA, United Kingdom.
These Booking Terms and Conditions and General Information provided on our websites: sailweek-family.com, sailweek.tours, sailweekcroatia.com, and sailweek.com shall provide the basis of your contract with SailWeek. SailWeek Ltd. registered office is located on the 2nd Floor, Nucleus House, 2 Lower Mortlake Road, Richmond TW9 2JA, United Kingdom.
DEFINITIONS AND INTERPRETATION
In these Booking Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
- “We”, “Us”, “Our” – SailWeek
- “You”, “Your” – All persons named on the booking or added to the booking at a later time
- “Travel arrangement”, “Holiday” – The yacht charter you book with SailWeek
The headings used in these Booking Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
Words imparting the singular shall include the plural and vice versa and references to any gender shall include the other gender. A contract exists upon receipt of the booking deposit by SailWeek.
Bookings can be made via our website, direct contact to firstname.lastname@example.org, or affiliated travel agents.
Once you have paid the first payment, the booking will be confirmed and fixed. If you are paying by bank transfer, you have to send us the proof of payment within 12 hours after the booking has been made, or the booking will be cancelled and opened for bookings by other customers.
The person(s) booking must be at least 18 years old at the time of booking and be authorised to make the booking on the basis of these Booking Conditions by all persons named on the booking and their parent or guardian for all party members who are under 18 at the time of booking.
The party leader is obliged to provide us with a list of crew members embarking on the boat or yacht at least 30 days prior to departure. All correspondence will be sent to the party leader. It is the party leader’s responsibility who made the booking with us to ensure all party members on the booking, or those added at a later time, are sent the booking confirmation.
Payments can be made by Visa or MasterCard (either credit or debit card) or by wire transfer. SailWeek does not have access to your credit card information, bank account numbers, or other personal financial data sent to those processing services.
FULL YACHT BOOKINGS
- First instalment is 10% of the total amount. This is your deposit and confirms your booking once received.
- Second instalment (30% of total) is due 35 days (5 weeks) after the booking is made. Unless the booking is within 45 days before departure, then the full remainder is due.
- Third instalment (a reminder of total) is due 30 days before departure.
Your selected travel arrangements are not confirmed until you have paid the deposit. We will be entitled to assume you wish to cancel your booking if all payments due are not received in full and on time. Cancellation charges will apply – see Cancellation Policy.
CREW LIST DETAILS – EXTRA FEE
When you book with us it is mandatory that you fill in the crew list details for every passenger.
The Port Authority requires this information by law. You cannot travel with us if the Crew List is not completed in full. Your Crew list must include surname, name, residence, date of birth, place of birth, passport number, nationality and their contact (email/phone).
This also applies to full yacht bookings, so please ensure that all the information for every crew member is complete and accurate.
If the crew list is not completed in full 7 days before the trip, those guests may be rejected from joining the trip and forfeit any right to a refund or postponement.
If the member/s with an incomplete crew list is accepted, a 20 EUR fee must be paid per person which will be added to the local payments.
A binding contract between SailWeek and yourself will come into effect upon us sending out our confirmation invoice to the person(s) responsible for making the booking. English Law will apply to the contract and it is agreed that any claim or dispute in the contract must be dealt with by the Courts of England and Wales. Changes made to Booking Conditions or General Information on our website will only be valid if agreed by us.
We will always aim to provide you with the best holiday possible, but if a problem occurs you must report it to your Skipper or Route Manager who will immediately endeavour to resolve it on the spot. Failure to report problems as they occur deprives us of the opportunity to investigate and rectify your complaint whilst you were on your holiday and may result in your claim for compensation being lost.
If your complaint is not resolved locally, please contact us via email at email@example.com.
If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us at our office within 28 days of the end of your trip, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect our and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.
Please note that we offer an Alternative Dispute Resolution service through our ABTA membership. Please see the ABTA clause for further details. Also, you can access the European Commission Online Dispute Resolution (ODR) platform at ec.europa.eu/consumers/odr. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.
We are a Member of ABTA, membership number Y6260. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com
CONDITIONS OF SUPPLIERS
Many of the services which make up your booking are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
We reserve the right to make changes and correct advertised pricing errors at any time before your booking is confirmed. It is your responsibility to notify us in writing of any changes to confirmed bookings as soon as possible. We will not charge any admin fees for name changes, but we will have to pass on any costs incurred by ourselves or imposed by any of our suppliers for any changes by you to confirm bookings if we are able to accommodate the change.
Due to the nature of sailing the skipper of all our yacht/boat reserves the right to change course from any particular itinerary for any reason especially where it is deemed necessary in the interests of the health and safety of our passengers.
CANCELLATIONS BY CUSTOMERS
If you’ve changed the date of the holiday, route or you wish to cancel your changed booking, cancellation rules apply from the date you made your initial booking. When you commit to coming on holiday with us, we book yachts and make other financial commitments to skippers and sundry suppliers in order to be able to provide you with a holiday.
IF YOU ARE PAYING IN INSTALMENTS/PAYMENT PLAN
Should your circumstances change and you have to cancel, we will need to charge you a cancellation fee in order to offset these financial obligations we have taken on to serve you. We recommend you purchase travel insurance with cancellation cover. It can be bought at all the major insurance companies.
The cancellation fee will be the total value of instalments due up to the point of cancellation.
IF YOU PAID THE FULL AMOUNT WHILE MAKING A BOOKING
If you paid the full amount when booking, the cancellation fee will be the same as it would have been had you chosen to pay by instalments.
- Within the first 48 hours of booking 0%;
- From 24 hours after booking to no later than 35 days from the booking date 10%
- From 35 days from the booking date to 45 days prior the event date 40%
- From 45 days, or less, prior to the event date: 100%
Please Note: If your payment plan differs from that in the payments section of this page, the cancellation charges shall differ from those detailed above and shall reflect your payment terms. For the avoidance of doubt and by way of clarity, where you cancel a booking with a differing payment plan, we shall retain all sums paid up until cancellation.
SPECIAL POSTPONEMENT POLICY*
*Applies to all 2021 bookings
Up To 45 Days Before The Departure Date
Guests can transfer the booking to travel credit up to 45 days before departure no questions asked.
This Travel Credit will last 2 seasons and can be transferred to someone else free of charge.
Within 45 Days of Departure Date
If travel bans are imposed to or from the destination or departure country within 45 days before the departure date, the 3rd instalment will be refunded while the 1st and 2nd instalment is transferred to travel credit.
This Travel Credit will last 2 seasons and can be transferred to someone else free of charge.
Guests have an overriding option to postpone for 2022 or 2023 as long as it is done up to 45 days before departure.
Travel Credit from 2020 bookings
Travel Credit from 2020 postponements can be used towards trips in seasons 2021, 2022, or 2023. Travel Credit used for bookings in 2021 has an option to postpone once again as long as it is done at least 45 days before the departure date.
In any circumstances, there are no refunds on unused travel credit.
If the total amount of your travel credit exceeds the price of the trip, the overpaid portion will be kept as a travel credit that can be used in the next three years from the date you made your initial booking.
CANCELLATION BY US
Although we strive to avoid cancellations, sometimes they are unavoidable and we must reserve the right to do so. We will notify you of any cancellations as soon as possible before departure and you will have the choice to:
- accept the altered arrangements,
- book alternative arrangements from us of a similar standard to the original booking if available, we will always refund the difference in price if replacement holiday is of a lower standard and price, or
- accept the cancellation and receive a full and quick refund of all monies you have paid to us.
Unfortunately, we will not be liable for failure to perform its obligations stated in the Booking Conditions or pay any compensation if such failure is a result of “force majeure”. For the purpose of these Booking Conditions, “force majeure” will be deemed to mean any event we as the supplier of the service could not avoid or foresee, such as pandemics, storm, strong wind, nuclear disasters, civil strife, terrorist activity, industrial dispute, fire, flood, earthquake, hurricane or other events out of our control.
SailWeek will fulfil its contractual obligations with you using reasonable skill and care. Unless we breach the booking contract, this holiday is at the customer’s own risk. You will be responsible for all claims, liabilities, damages, costs, and expenses suffered or incurred as a result of your breach or default in the discharge of your obligations.
SailWeek will not be liable to you in any way for any damages, loss, expense, injury, illness, or death if your claim resulted from:
- Any act, omission, or failure by any third party;
- 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 incorrect information supplied by you or a party on your booking form;
- Any of our emails being blocked by web filters or firewalls;
- Any act, omission, or failure by any of our supplier(s);
- Any act, omission, or failure of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable;
- Any act that may result in ‘Force Majeure. As per the Force Majeure clause.
Our maximum liability for any successful claim will not exceed the price of your holiday, less any insurance claim.
We hold valid public liability insurance.
We provide full financial protection for our package holidays, by way of a bond held by ABTA. SailWeek is a Member of ABTA with membership number Y6260. This means that in the unlikely event of our financial failure, ABTA will financially protect customer payments, including, where appropriate, providing refunds and assistance to affected customers. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct.
BEHAVIOUR AND EARLY TERMINATION OF CONTRACT
A responsible level of behaviour and consideration is expected whilst you are onboard our boats/yachts and you must comply with the boats/yachts rules and regulations. You will be liable for any damage or loss caused by you or by persons in your party whilst on board. If you or any persons in your party are deemed to be in our reasonable opinion behaving in a manner which is likely to cause danger or distress to anyone else, a third party or property, we are entitled to terminate our agreement with the person(s) involved without notice or refund. We also have the right to remove the person(s) involved from the vessel and have no further responsibilities towards the person(s).
TRAVEL INSURANCE, MEDICAL PROBLEMS, AND SPECIAL REQUESTS
SailWeek does not sell or organise travel insurance. You must buy comprehensive travel insurance before going on holiday. You should make sure that your insurance policy covers adventurous activities such as sailing. Please read your policy carefully to ensure it complies with this requirement and covers all of the activities that you are going to be participating in. You must be satisfied that your insurance fully covers all your personal requirements including cancellation, personal liability, and loss of personal property. It is a condition of your booking that you have a suitable travel insurance policy in place. SailWeek accepts no liability to those who travel without travel insurance in breach of this clause. You also agree to indemnify us against all third-party claims, actions, damages, and remedies that may be brought against us in respect of your participation in the holiday.
In the event of your withdrawal from the holiday either before or after its commencement as a result of illness, self-isolation, or quarantine you must obtain a medical certificate in support of any insurance claim. No refunds will be made for any absence from the trip.
EXCURSIONS, ACTIVITIES AND WEBSITE INFORMATION
We are not able to guarantee 100% accuracy all of the time with regards to the information we provide concerning excursions and activities in the area you are visiting which do not form part of your contract with us. With regards to excursions and activities which are not part of your contract with us but which you feel are important to your holiday experience, please write to us and we will keep you informed with the latest situation, bearing in mind those services/activities are not under our control. Any information regarding excursions or activities that could be reasonably expected to affect your decision to book with us will be passed on to you when booking.
FLIGHTS, PASSPORTS, AND VISAS
It is your responsibility to have valid travel documents. You must ensure that you have a valid passport and any necessary visas to enter any country you are visiting, including transit stops, prior to your departure.
Also, it is your responsibility to be updated with possible restrictions for entering Croatia, Greece, Malta, and Montenegro due to the Pandemic rules at the given time.
We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements, or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements, or health formalities.
Any arrangements or compensation in the event of a delay or cancellation will be at the sole discretion of the airline you booked with or your personal travel insurer.
For full yacht/boat bookings, all the yacht specifications, product data, and measurements are provided on our website. The pictures are for general information purposes only. Discrepancies can be possible between the yacht shown on the website and your allocated yacht. This content does not represent or warrant the full inventory of the yacht and is just presented for an overview list.