The following Booking Conditions form the basis of your contract with Sailing Holidays Ltd, 105 Mount Pleasant Road, London, NW10 3EH. Please read them carefully as they set out our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these booking conditions and agree to them.
Except where otherwise stated, these booking conditions only apply to holiday arrangements which you book with, or through, us in the UK and which we agree to make, provide or perform (as applicable) as part of our contract with you. All references in these booking conditions to “holiday”, “booking”, “contract”, “package”, “tour” or “arrangements” mean such holiday arrangements unless otherwise stated. References to “departure” are to the start date of the arrangements.
In these booking conditions, “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them, as the context requires. “We”, “us” and “our” means Sailing Holidays Ltd. “Principal” means the other party to the contract, where we are acting as agent the principal will be the supplier, where we are the organiser of your package holiday, within the meaning of the Package Travel and Linked Arrangements Regulations 2018, we will be the principal.
Please note that for some bookings we act as agent only for the supplier concerned with whom you will have a contract. This means that you will not have a contract with us for any such arrangements and instead your contract will be between you and the relevant supplier. The relevant supplier's terms and conditions will apply, copies of which are available on request. Please also note that if you subsequently book additional arrangements they will be treated as a separate booking. Our obligations to you may vary depending upon which arrangements you book with us:
(A) Section A contains the conditions which will apply to all bookings.
(B) Section B contains the conditions which will apply when you make a booking with us where we act as the package organiser.
You will know in what capacity we are acting because your confirmation invoice will confirm this.
1. Making your booking
The first named person on the booking (“party leader”) must be authorised to make the booking on the basis of these booking conditions by all persons named on the booking and by their parent or guardian for all party members who are under 18 when the booking is made. By making a booking, the party leader confirms that he/she is so authorised. The party leader is responsible for making all payments due to us. The party leader must be at least 18 when the booking is made.
Subject to the availability of your chosen arrangements, we will confirm your holiday on behalf of the Principal concerned by issuing a confirmation invoice. This invoice will be sent to the party leader. Please check this invoice carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies (for which we are responsible) in any document within ten days of our sending it out. We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so.
In order to confirm your chosen holiday, a deposit per person must be paid at the time of booking. Full details of the applicable deposit will be given at the time of booking. In some cases, if you book within a certain number of weeks of departure or depending on the type of booking you make. e.g. flight only, you may have to pay the full cost of the holiday/flight at the time of booking.
The balance of the holiday cost must be received by us by the date stated on your confirmation invoice, this is usually not less than 10 weeks prior to departure. Reminders may not be sent. If we do not receive all payments due (including any surcharge where applicable) in full and on time, the principal is entitled to assume that you wish to cancel your booking. In this case, the principal will be entitled to keep all deposits paid or due at that date. If the principal does not cancel straight away because you have promised to make payment, you must pay the cancellation charges as set out by the principal.
3. Your contract
A binding contract between you and the principal comes into existence when a confirmation invoice is dispatched to the party leader.
Your contract(s) with the principal will be subject to the law referred to in the principal’s booking conditions. Any dispute, claim or other matter which arises between you and any principal must also be dealt with in accordance with those booking conditions.
For package bookings where we are the principal see Section B.
Where we act as agent our relationship is governed by English law and this will apply to any dispute, claim or other matter of any description which arises between us (“claim”.). We both also agree that any claim (and whether or not involving personal injury) must be dealt with under the ABTA arbitration scheme (if the scheme is available for the claim in question - see clause 14 of this Section A) or by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).
4. The cost of your holiday
Please note, changes and errors occasionally occur. You must check the price of your chosen holiday at the time of booking.
The principal reserves the right to increase or decrease and to correct errors in both advertised and confirmed prices at any time before your holiday is confirmed. We will advise you of any error of which we are then aware and of the then applicable price at the time of booking.
The principal of your booking has the right to increase the cost of your holiday and pass on other charges to you subject to the principal’s booking conditions.
5. Sailing Experience/Qualifications
When making a booking the principal will require details of your previous sailing experience. It is a requirement of any booking that you provide accurate and complete information regarding your experience and sailing qualifications. Materially inaccurate or incorrect information may result in the cancellation of your cruise in whole or in part (in which case the principal’s cancellation charges will apply) and/or the need for the principal to provide a member of staff as skipper, the cost of which will be borne by you.
It is a legal requirement that all yachts must have two adults over eighteen years of age aboard the yacht whilst at sea and all persons aboard whilst at sea must be named on the ship’s papers. The principal will reserve the right to put you ashore if you are not so noted.
The minimum qualification required for bareboat/independent chartering is a valid ICC or RYA Day Skipper Practical qualification. Theory certificates are not sufficient on their own.
For sailing in Greece, the skipper of your party will be required by the local Greek authorities to sign declarations allowing your yacht to leave port. This document is in Greek, an English translation can be supplied on request, and you should satisfy yourself that you understand the content and nature of the document you are signing.
On share a yacht bookings, the most qualified or experienced person on board will be nominated as lead charterer for the purpose of the boat charter document. This will be decided during the week before departure.
6. Special requests and medical conditions / disabilities / reduced mobility
If you have any special request, you must advise us at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant principal, we regret we cannot guarantee any request will be met unless we have specifically confirmed it. Failure to meet any special request will not be a breach of contract on our part. Confirmation that a special request has been noted or passed on to the supplier or principal or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. For your own protection, you should obtain confirmation in writing that a special request will be complied (where it is possible to give this) where it is important to you. Special requirements we have accepted will be specifically confirmed on your confirmation invoice.
Sailing can be hard and requires a reasonable level of physical and mental strength. You will be expected to be able to participate in all aspects of sailing a yacht, and should be physically and mentally able to do so. If you suffer from any medical condition, disability or reduced mobility which may affect your holiday or have any special requirements as a result (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. In any event, you must give us full details in writing at the time of booking and whenever any change in your condition, disability or mobility occurs. You must also promptly advise us if any medical condition, disability or reduced mobility which may affect your holiday develops after your booking has been confirmed.
The holidays we sell may not be suitable for people with certain disabilities, medical conditions or significantly reduced mobility. Before you make your booking, we will advise you as to whether the proposed holiday arrangements are generally suitable for someone with reduced mobility. However, reduced mobility of course means different things to different individuals as we fully appreciate that individual capabilities, restrictions and requirements are likely to vary considerably. When we refer to reduced mobility, this means any material reduction in mobility whether this is permanent or temporary and whether caused by age or by physical or mental disability or impairment or other cause of disability.
7. Changes by you
Should you wish to make any changes to your confirmed holiday, you must notify us in writing as soon as possible. Whilst we will endeavour to assist, no guarantee can be given to meet any such requests. Where they can be met, an amendment fee as notified at the time will be payable together with any costs incurred or imposed by any of the suppliers. A change of holiday dates will normally be treated as a cancellation of the original booking and rebooking in which case cancellation charges will apply. Changes may result in the recalculation of the holiday price where, for example, the basis on which the price of the original holiday was calculated has changed.
You may be able to transfer your booking or your place on the booking to someone else (introduced by you) without payment of cancellation charges providing the request for the transfer is made in writing. Please refer to the principal’s booking conditions in this regard. For Section B bookings see clause 27.
If for any reason you have to leave your boat during your holiday, the principal will reserve the right to make a charge for repositioning your boat to a safe port. For Section B bookings the charge will be €200.
8. Cancellation by you
It is a condition that you obtain suitable travel insurance for the entirety of your holiday, from a reputable provider, which must at least include the following cover: -
• Emergency medical expenses including, without limitation, ambulance and hospital charges and repatriation to the UK (by air ambulance if necessary)
• Cancellation of your trip or curtailment / cutting short your trip due to circumstances outside your control
• Personal liability to cover, without limitation, damage to the property in which you are staying or your yacht caused by your negligence (which must include cover for the contractual liability of the party leader for the actions of his party)
• Travel and transfer delays which must include cover for additional costs incurred in the event of a delay.
The policy must cover the activities you are likely to undertake including, in particular, sailing in European waters.
Note:- There are of course other sections to a travel insurance policy such as baggage, legal expenses, personal accident and so on.
Failure to obtain suitable travel insurance will result in you personally being responsible for paying all costs, expenses and liabilities which would normally be covered by insurance.
Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs.
10. Changes and cancellation by the principal
Except as set out in Section B below, clause 28, if there is a change to or cancellation of your holiday we will pass on the new details to you together with any compensation that the principal of your affected arrangements may offer. As agent only for the principal we cannot accept any liability for any changes or cancellations made to your booking.
11. Unavoidable and extraordinary circumstances
Except where otherwise expressly stated in these booking conditions, we regret neither we nor the principal can accept liability or pay any compensation where the performance or prompt performance of any obligations under the contract(s) with you is prevented or affected by or you otherwise suffer any damage, loss or expense of any nature as a result of unavoidable and extraordinary circumstances. In these booking conditions, unavoidable and extraordinary circumstances means a situation which is beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such situations are likely to include (whether actual or threatened) war, riot, civil strife, terrorist activity, industrial dispute, natural disaster, exceptional weather conditions, fire, flood, an outbreak of a serious illness at your holiday destination, closure, restriction or congestion of airports, other transport hubs or airspace, flight restrictions imposed by any regulatory authority or other third party and volcanic activity.
12. Our Liability to you
(1) Please note, this clause 12 applies to all bookings made with or through us except those referred to in Section B below.
(2) We act only as an agent for the principal of your confirmed arrangements. Your contract for your confirmed arrangements is directly with the principal concerned. We accept no liability in relation to the arrangements themselves or for the acts or omissions of the principal concerned. The terms and conditions of the principal of your confirmed arrangements will apply to your contract (copy available on request).
(3) However, if we are found to have been at fault on any basis in relation to any service we provide as agent for the principal concerned (as opposed to any service provided by the principal), our maximum liability is limited to twice the cost of the booking in question. We do not exclude or limit any liability for death or personal injury which arises as a result of our negligence or that of our employees whilst acting in the course of their employment.
13. Complaints and problems
In the unlikely event that you have any reason to complain or may have a basis for making a claim in respect of any aspect of your holiday arrangements whilst away, you must follow the principal’s complaints procedure.
Please note that if you fail to follow the principal’s complaints procedure, they are unlikely to be in a position to properly investigate the matter and may have been deprived of the opportunity to remedy it during your holiday. Your right to claim any compensation you may otherwise have been entitled to may be affected or even lost as a result.
14. ABTA and ABTA Arbitration
We are a member of ABTA (ABTA number Y5647). ABTA and ABTA members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct.
For further information about ABTA, the Code of Conduct and the arbitration scheme available to you if you have a complaint contact ABTA at 30 Park Street, London, SE1 9EQ tel: 020 7637 2444 or see www.abta.com.
Unless the principal is a member of ABTA or Section B applies, only disputes relating to our actions as agent can be dealt with by the arbitration scheme or mediation procedure and not complaints about the arrangements themselves or the acts / omissions of the principal.
Disputes arising out of, or in connection with your booking which cannot be amicably settled may be referred to arbitration if you so wish under a special scheme arranged by ABTA Ltd and administered independently. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. Full details will be provided on request or can be obtained from the ABTA website (www.abta.com). 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. 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 application for arbitration and other required documents must be received by ABTA within 18 months of your return from the holiday. Outside this time limit arbitration under the scheme may still be available if we agree, although 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 this. Where we act as agent, please bear in mind that your contract is with the supplier of the arrangements concerned. Unless the supplier is also a member of ABTA, only disputes relating to our actions as agent can be dealt with by the arbitration scheme or mediation procedure and not complaints about the arrangements themselves or the acts / omissions of the supplier.
15. Security Deposits, Smoking, Alcohol, Behaviour and damage
For all charters a security deposit or a yacht security waiver will be required. You will be advised of the deposit amount and time for payment at the time of booking. The present requirements are as follows:
For flotilla yachts as of 1st February 2020, a yacht security waiver will be required for all yacht charters. Details of the amount required for each size of boat can be found in our Price List published online.
For flotilla yachts on bareboat/independent charters a £2,500 refundable security deposit is required. Alternatively, you may pay a non-refundable security waiver of £160 for 1 week charters or £280 for 2 week charters.
The ‘Share a Yacht’ waiver is £20 per person. The ‘Luxury Book a Cabin’ waiver is £40 per person.
This ‘one off’ payment is to cover the yacht and its equipment against loss or damage and for third party liability which is also covered up to £2,000,000.
When you book with or through us, you accept responsibility for any damage or loss caused by you except where a yacht security waiver has been paid. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the principal or to the accommodation owner or manager or other supplier as soon as possible. We reserve the right to deduct any sum(s) owing in whole or in part from your security deposit where applicable. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against the principal or us and all costs incurred by the principal or us (including full legal costs for all parties) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises.
Should a client be responsible for damage to or loss of any item of the shore based accommodation inventory during their occupation of the holiday accommodation, a charge will be made locally to cover the cost of replacement or repair. Please make this known to your Resort Representative prior to your departure.
This will enable the principal to put things right for the new arrivals. Where any breakages have occurred and payment is due the representative will issue an official company receipt specifying details on the amount paid.
We expect all clients to have consideration for other people, themselves and any property including the yachts. You are not permitted to smoke below decks on any of the yachts and not above deck on our Share a Yacht or Luxury Share a Yacht Holidays. If in the reasonable opinion of the principal or in the reasonable opinion of any other person in authority, you behave in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, including as a result of excessive alcohol consumption, the person in authority is entitled, without prior notice, to terminate the holiday of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the yacht or other service. If you have made a package booking, the principal will have the same entitlements as any person in authority. In all cases the principal and any suppliers concerned will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we and the principal will not pay any expenses or costs incurred as a result of the termination.
16. Conditions of suppliers
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. 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 and of the international conventions are available on request from ourselves or the principal/supplier concerned.
17. Excursions, activities and general area information
We or the principal may provide you with information (before departure and/or when you are on holiday) about activities and excursions which are available in the area you are visiting. Neither we nor the principal have any involvement in any such activities or excursions which are not run, supervised, controlled or endorsed in any way by us or the principal. They are provided by local operators or other third parties who are entirely independent. They do not form any part of your contract with us or the principal even where particular operators/other third parties are suggested and/or you are assisted in booking such activities or excursions in any way. No liability on any basis in relation to such activities or excursions is accepted and the acceptance of liability contained in Section B clause 29(1) of our booking conditions will not apply to them. We do not however exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury.
Neither we nor the principal can guarantee accuracy at all times of information given in relation to such activities or excursions or about the area you are visiting generally or that any particular excursion or activity which does not form part of the contract(s) will take place as these services are not under our/the principal’s control. If you feel that any of the activities or excursions referred to in any promotional material which are not part of the contract(s) are vital to the enjoyment of your holiday, write to us immediately and we will tell you the latest known situation. If we or the principal becomes aware of any material alterations to area information and/or such outside activities or excursions which can reasonably be expected to affect your decision to book a holiday with or through us , we will pass on this information at the time of booking.
18. Passports, visas and health requirements
Currently (January 2021) for stays in Greece of up to 3 months in duration a passport with a minimum validity of 3 months from the start of your holiday is required for EU nationals. If you are a British citizen with a British passport you should ensure that your passport has a minimum validity period of 6 months from the start of your holiday. If you renewed your passport before it expired, any unexpired time which is added to your new passport is unlikely to count towards the minimum 6 month validity period. British Citizens do not presently require a visa for Greece. You must check entry and other official requirements for all countries to or through which you are travelling as well as any requirements applicable on your return to your home country, at the time of booking and in good time before and close to departure. Requirements are likely to change and travel restrictions may be imposed (which could be at no or very short notice prior to departure) as a result of the coronavirus situation. You must also keep up to date with this information while you are away.
A full British passport would usually take approximately 3 to 6 weeks to obtain but it is currently taking much longer. If any member of your party (who is a British citizen) is 16 or over and hasn't got or previously held a British passport, even more time needs to be allowed as the UK Passport Service has to confirm your identity before issuing your first passport. If any person on the booking is not a British citizen or holds a non-British passport, you must check the applicable passport and visa requirements with the embassy or consulate of the country(ies) to or through which you are intending to travel. Please ensure that you check the latest position on applying for or renewing a passport at the earliest opportunity.
There are presently no compulsory health requirements for visiting Greece. It is your responsibility to ensure you are aware of all recommended vaccinations, health precautions and other health related measures (including those introduced to deal with coronavirus) in good time before departure. Details are available from your GP surgery and from the National Travel Health Network and Centre http://travelhealthpro.org.uk. Information on health abroad is also available on www.nhs.uk/Live-well/healthy-body/before-you-travel. You should obtain an EHIC (European Health Insurance Card) or GHIC (UK Global Health Insurance Card) prior to departure if applicable. An EHIC or GHIC is not a substitute for travel insurance. Vaccination and other health requirements/recommendations are subject to change at any time for any destination, including at short or no notice. Please therefore check with a doctor or travel clinic or other reliable source of information not less than six weeks prior to departure and also closer to departure to ensure that you have met the necessary requirements and have the latest information. In certain situations and when arriving from certain countries, you may be required to self-isolate or quarantine for a set period on arrival.
It is the party leader’s responsibility to ensure that all members of the party are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret neither we nor the principal can accept any liability if you are refused entry onto any transport or into any country due to failure on your part to obtain and carry all required documentation or to otherwise comply with all applicable requirements (including health/coronavirus related ones). If failure to have any necessary travel or other documents results in fines, surcharges, other financial penalty, costs or expenses being imposed on or incurred by us or the principal, you will be responsible for reimbursing us/the principal accordingly. If you are unable to travel as a result of failure or inability to comply with any health related or other requirements, cancellation charges will apply.
19. Foreign Office Advice
The UK Foreign, Commonwealth and Development Office publishes regularly updated travel information on its website www.gov.uk/foreign-travel-advice and https://travelaware.campaign.gov.uk which you are strongly recommended to consult before booking and in good time before departure.
In accordance with EU Directive (EC) No 2111/2005, the principal is required to bring to your attention the existence of a “Community list” which contains details of air carriers who are subject to an operating ban within the EU. The Community list is available for inspection at http://ec.europa.eu/transport/modes/air/safety/air-ban_en
The principal is required to advise you of the actual carrier(s) (or, if the actual carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of booking. Where the principal is only able to inform you of the likely carrier(s) at the time of booking, they shall inform you of the identity of the actual carrier(s) as soon as they become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible.
If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as above and you cannot be offered a suitable alternative, you will usually be entitled to cancel your booking.
The principal is not always in a position at the time of booking to confirm the flight timings which will be used in connection with your flight. The flight timings shown in any promotional material and/or detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. Flight timings are outside the principal’s control. They are set by airlines and are subject to various factors including air traffic control restrictions, weather conditions, potential technical problems and the ability of passengers to check in on time.
Specific instructions relating to departure and travel arrangements will be sent with your air or other travel tickets approximately 2 weeks before departure. You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been despatched - we will contact you as soon as possible if this occurs.
Any change in the identity of the carrier, flight timings, and/or aircraft type (if advised) will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these conditions.
21. Delay and Denied Boarding Regulations
In the event of any flight delay or cancellation at your UK or overseas point of departure, the airline is responsible for providing such assistance as is legally required by the Denied Boarding Regulations (see below). We regret we are not in a position to offer you any assistance in the event of delay at your outward or homeward point of departure. We cannot accept liability for any delay which is due to any of the reasons set out in clause 12(2) of these Booking Conditions (which includes the behaviour of any passenger(s) on the flight who, for example, fails to check in or board on time). In addition, we will not be liable for any delay unless it has a significant effect on your holiday arrangements.
If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline, depending on the circumstances, the airline may be required to pay you compensation, refund the cost of your flight and/or provide you with accommodation and/or refreshments under EC Regulation No 261/2004 - the Denied Boarding Regulations 2004. Where applicable, you must pursue the airline for the compensation or other payment due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline’s obligations under the Denied Boarding Regulations. If, for any reason, we make any payment to you or a third party which the airline is responsible for in accordance with the Denied Boarding Regulations, you must, when requested, assign to us the rights you have or had to claim the payment in question from the airline. If your airline does not comply with these rules you may use the CAA Passenger Advice and Complaints service. For further information, see www.caa.co.uk/Passengers/Resolving-travel-problems
22. Brochure / website / advertising material accuracy
The information contained in any promotional material is believed correct to the best of our knowledge at the time of printing or publication. However, errors may occasionally occur and information may subsequently change. You must therefore ensure you check all details of your chosen holiday (including the price) with us or the principal at the time of booking.
We occasionally use photographs taken during holidays in promotional material for the marketing of our holidays. No client appearing in such photographs will be named. We prefer to use photographs of real people enjoying themselves rather than contrived or posed shots. If you object to your image appearing in any such photograph please let us know before or during your holiday. Photos sent to us for competitions or to illustrate your holiday are submitted on the basis that you grant us the right to use them to promote our holidays unless you advise us otherwise at the time you send them to us or in any event before they are used.
23. Safety standards
Please note, it is the requirements and standards of the country in which any services which make up your holiday are provided which apply to those services and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may sometimes be lower.
Section B – OUR PACKAGE HOLIDAYS
If you have booked a package holiday and we are the principal we will tell you this at the point of booking, we will provide you with our ATOL number and your booking confirmation will make this clear.
The terms set out in both Section A and Section B apply to all package bookings where we are the principal except where otherwise expressly stated.
24. Our contract
English law will apply to your contract and to any dispute, claim or other matter of any description which arises between you and us (except as set out herein) (“claim”). Any claim (and whether or not involving any personal injury) must be dealt with under the ABTA arbitration scheme (if the scheme is available for the claim in question - see clause 14 of Section A) or by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).
For our package holidays a deposit of £250 per person or a minimum of £500 per yacht for yachts up to 37ft or £1,000 for yachts over 37ft, whichever is the greater must be paid at the time of booking. For Shore to Sail holidays an additional deposit amount of 30% of the total accommodation cost must be paid at the time of booking. For all holidays full payment must be made at the time of booking when booking within 10 weeks of departure. The balance will be due not less than 10 weeks prior to departure.
26. The cost of your Package Booking
The prices shown in our brochure were calculated on 20th January 2020 on the basis of then known costs and exchange rates of £1 to €1.12 as per HSBC’s Currency Report.
We reserve the right to increase / decrease and correct errors in advertised prices at any time before your holiday is confirmed. Coronavirus and the measures taken by governments, public authorities and businesses to manage its effects (such as social distancing) is likely to have a significant effect on the price of holiday arrangements for a considerable period of time. Such measures may be introduced or changed with little or no prior notice. We will advise you of any error of which we are aware and of the then applicable price at the time of booking.
Once the price of your chosen holiday has been confirmed at the time of booking, then subject to the correction of errors, we will only increase or decrease the price in the following circumstances. Price increases after booking will be passed on by way of a surcharge. A surcharge will be payable, subject to the conditions set out in this clause, if our costs increase as a direct consequence of a change in (i) the price of the carriage of passengers resulting from the cost of fuel or other power sources or (ii) the level of taxes or fees on the travel services included in the contract imposed by third parties not directly involved in the performance of the tour including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports or (iii) the exchange rates relevant to the tour.
You will also be entitled to a price reduction where there is a decrease in our costs as a result of a decrease in the costs referred to in this paragraph which occurs between confirmation of your booking and the start of your holiday.
Even in the above cases, only if the amount of any increase in our costs exceeds 2% of the total cost of your holiday (excluding insurance premiums and any amendment charges) will we levy a surcharge. We will only levy a surcharge in respect of the amount by which any increase in our costs exceeds 2% of this total holiday cost. If any surcharge is greater than 8% of the total holiday cost, clause 28 will apply on the basis the surcharge is a significant change. You will be notified of any price increase or reduction applied in accordance with this clause together with the justification for and calculation of this not less than 20 days before departure. Where a reduction is applicable, we are entitled to deduct our administrative expenses from the refund. Any surcharge must be paid with the balance of the holiday cost or within 14 days of the issue date printed on the surcharge invoice, whichever is the later.
Although insurance (where purchased through us) does not form part of your contract with us or of any “package”, we will consider an appropriate refund of any insurance premiums you have paid us if you can show you are unable to use/reuse or transfer your policy in the event of cancellation or purchase of an alternative holiday.
Please note that arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your holiday due to contractual and other protection in place.
27. Changes and cancellation by you
Should you wish to make any changes to your confirmed holiday you may do so as referred to in Section A clause 7.
You may transfer your booking or your place on the booking to someone else (introduced by you) without payment of our cancellation charges providing the request for the transfer is made in writing not less than 7 days before departure. The person(s) to whom you wish to make the transfer must also satisfy all conditions which form part of your contract with us. Requests for transfer must be accompanied by the name and other applicable details of the replacement person(s). Where a transfer to a person of your choice can be made, all costs and charges incurred or imposed by any of our suppliers, together with an amendment fee which will be confirmed at the time, must be paid before the transfer can be effected.
As certain arrangements (such as flights) cannot be changed after a reservation has been made, name changes, other alterations and cancellation affecting these services are likely to incur a 100% cancellation charge and the applicable cost of rebooking the service.
Should you wish to cancel your confirmed holiday you may do so as referred to in Section A clause 8.
As we incur costs from the time we confirm your booking, the following cancellation charges will be payable. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable, excluding insurance premiums and amendment charges. Insurance premiums and amendment charges are not refundable in the event of cancellation. In calculating these cancellation charges, we have taken account of possible cost savings and the generation of income from other bookings which may be able to utilise cancelled services to the extent this is likely to be achievable. Cancellation charges are calculated on the basis of the total cost payable by the person(s) cancelling, excluding insurance premiums and any amendment charges (which are not refundable in the event of cancellation).
Period before departure within which written notification of cancellation is received by us
|Up to 56 days before departure||
Loss of deposit
55 to 42 days before departure
|30% or loss of deposit whichever is the greater|
41 days to 22 days
|50% (of the holiday cost)|
21 days to day of departure
|100% (of the holiday cost)|
Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned.
Where any cancellation reduces the number of full paying party members below the number on which the price and/ or any concessions agreed for your booking were based, we will recalculate these items and re-invoice you accordingly.
We will not make any refunds in respect of any unused element of your holiday, including but not restricted to, accommodation, flights or transfers.
28. Changes and cancellations to your Package Booking by us
(1) Changes to confirmed bookings sometimes have to be made and we reserve the right to do so in accordance with this clause 28. Most changes will be insignificant and we have the right to make these. Where an insignificant change is made before departure, we will notify you in writing. No compensation is payable for insignificant changes. Occasionally, before departure, we may be constrained by circumstances beyond our control to make a significant alteration to any of the main characteristics of the travel services which form part of your confirmed booking or to any special requirements which we have accepted as referred to in Section A clause 6 (Special requests and medical conditions / disabilities / reduced mobility). Where we have to do so, clauses 28(4), 28(5) and 128(6) will apply.
(2) All alterations which are not significant in accordance with clause 28(1) will be treated as insignificant changes. Carriers such as airlines may be subject to change. Any such change will not be significant. A change of flight time of less than 12 hours, airline, departure airport between London airports (Gatwick, Heathrow, Luton, Stanstead or London City), type of aircraft (if advised), destination airport or accommodation to another of a similar standard and with similar facilities will also all be treated as insignificant changes. Please bear in mind that coronavirus and the measures and other action being taken by governments, public authorities and businesses to manage its effects (including implementation of mandatory social distancing, face masks/coverings, hand sanitization and temperature checks) is likely to have an impact on holiday arrangements for a considerable period of time. We may, for example, be unable to provide certain advertised services or facilities as a result. Such measures / action may be introduced or changed with little or no prior notice. Greater flexibility is therefore likely to be required for the foreseeable future which we would ask you to bear in mind at all times, both before and after departure. Any impact which such measures / action has on your holiday will not constitute a significant alteration to your contracted arrangements and will not entitle you to cancel without payment of the applicable cancellation charges as a result.
(3) Please note, some of our yacht charters require a minimum number of participants to enable us to operate them. Where applicable, we reserve the right to cancel any holiday where this minimum number is not achieved. You will be advised before your booking is accepted of the minimum number applicable to your holiday. We will notify you of cancellation for this reason not later than 56 days before departure.
(4) In the event we have to significantly alter any of the main characteristics of your confirmed arrangements or accepted special requirements, we will provide you with the following information in writing as soon as possible: (i) the proposed alteration and any impact this has on the price; (ii) in the event that you do not wish to accept the alteration, details of any alternative holiday we are able to offer (including the applicable price); (iii) your entitlement to cancel your booking and receive a full refund if you do not want to accept the alteration or any alternative holiday offered; and (iv) the period within which you must inform us of your decision and what will happen if you don’t do so.
(5) We will, where appropriate, pay you the compensation in the table below. This compensation will not be payable where a change is not significant or we have to make a change or cancel as a result of unavoidable and extraordinary circumstances or we have to cancel because the minimum number of bookings has not been achieved as referred to in clause 28(3).
Period before departure a significant change or cancellation is notified to you
|Up to 10 weeks before departure||
|Up to 6 weeks before departure||
|Up to 4 weeks before departure||
Up to 2 weeks before departure
Up to 1 week before departure
(6) If you choose to cancel your booking in accordance with clause 28(4), we will refund all payments you have made to us within 14 days of the date the cancellation takes effect and terminates your contract (which is usually the date we send you a cancellation invoice following receipt of your written cancellation notification). If we don’t hear from you with your decision within the specified period (having provided you with the above mentioned information for a second time), we will cancel your booking and refund all payments made to us within 14 days of the effective date of termination (see above). No compensation will be payable or other liability accepted where a change results from unavoidable and extraordinary circumstances (see Section A clause 11).
(7) Occasionally, it may be necessary to cancel a confirmed booking. We have the right to terminate your contract in the event (i) we are prevented from performing your contracted holiday arrangements as a result of unavoidable and extraordinary circumstances (see Section A clause 11) and we notify you of this as soon as reasonably possible or (ii) where applicable, we have to cancel because the minimum number of bookings necessary for us to operate your holiday has not been achieved and we notify you of cancellation for this reason as referred to in clause 28(3). Where we have to cancel your booking in these circumstances, we will refund all monies you have paid to us within 14 days of the effective date of cancellation (see 28(6) above) but will have no further or other liability to you including in respect of compensation or any costs or expenses you incur or have incurred. We will of course endeavour to offer you an alternative holiday where possible which you may choose to book in place of that cancelled at the applicable cost. We also have the right to cancel if you fail to make payment in accordance with the terms of your contract in which case Section B clause 27 will apply.
(8) Please note, a full refund entitlement only arises where we are prevented from performing your contracted holiday arrangements as a result of unavoidable and extraordinary circumstances in accordance with clause 28(7) and we exercise our right to cancel as a result. Without limitation, you will not be entitled to a full refund and cancellation charges are likely to apply where such circumstances affect your ability to travel on your holiday rather than our ability to perform or provide the contracted arrangements. This may be the case, for example, where measures applied by the UK or any other government or public authorities (such as locally applicable restrictions) mean you are unable to leave your home/local area and/or travel to or gain entry into the country (ies) where your holiday is due to take place. The issue of advice or recommendations against travel by public authorities (such as the UK Foreign, Commonwealth and Development Office) does not automatically mean we are prevented from performing your holiday arrangements but may instead affect your ability to travel. Any obligation to quarantine or self-isolate on your return to your country of residence does not affect our ability to provide your holiday and will not entitle you to cancel without paying our usual cancellation charges.
(9) In the event that unavoidable and extraordinary circumstances (see Section A clause 11) occur in the place of destination of your holiday or its immediate vicinity and significantly affect the performance of the contracted arrangements or the carriage of passengers to that destination, you will be entitled to cancel prior to departure without payment of cancellation charges and receive a full refund of all monies you have paid to us (except for any previously incurred cancellation or amendment charges). Where applicable, you must notify us of your wish to cancel for this reason in writing. Providing we are in agreement that you are entitled to do so in accordance with this clause, we will send you a cancellation invoice to confirm the cancellation. Any refund then due will be paid in accordance with clause 28(5) above. We will notify you as soon as practicable should this situation occur. You will not be entitled to any compensation.
29. Our Liability for your Package Booking
(1) We promise to make sure that the holiday arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury or your contracted holiday arrangements are not provided as promised or prove deficient as a direct result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements.
Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
(2) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment or loss of possessions), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: -
the act(s) and/or omission(s) of the person(s) affected; or
the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable and extraordinary circumstances as defined in Section A clause 11 above
(3) Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract and any excursion you purchase in resort. Please also see Section A clause 17 “Excursions, activities and general area information”. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
(4) The promises we make to you about the services we have agreed to provide or arrange as part of our contract , and the laws and applicable standards of the country in which your claim or complaint occurred, will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with the applicable local laws and standards, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and standards of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holidaymaker to refuse to take the holiday in question. Please note, however, our obligation is to exercise reasonable skill and care as referred to in clause 29(1). We do not make any representation or commitment that all services will comply with applicable local laws and standards and failure to comply does not automatically mean we have not exercised reasonable skill and care.
(5) Except as set out in clause 29(6) or as otherwise permitted by English law, we do not limit the amount of damages you are entitled to claim in respect of personal injury or death which we or our employees have caused intentionally or negligently. For all other claims, if we are found liable to you on any basis the maximum amount we will have to pay you is three times the total cost of the holiday paid by or on behalf of the person(s) affected unless a lower limitation applies to your claim under clause 29(6) below. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.
(6) Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including without limitation, the process of getting on and/or off the transport concerned) provided by any air, sea or rail carrier to which any international convention or EU regulation applies where we have arranged that travel as part of our contract, our liability (including the maximum amount of compensation we will have to pay you, the types of claim and the circumstances in which compensation will be payable) will be limited as if we were the carrier in question as referred to below. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier concerned would have to pay you under the international convention or EU regulation which applies to the travel arrangements in question (for example, the Warsaw Convention as amended or unamended and the Montreal Convention for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air and EC Regulation 392/2009 on the liability of carriers of passengers by sea in the event of accidents and the Athens Convention relating to the carriage of passengers and their luggage by sea 1974 (as amended by the 2002 protocol) for international travel by sea ). Where a carrier would not be obliged to make any payment to you under the applicable international convention or EU regulation (including where any claim is not notified and issued in accordance with the time limits stipulated in the applicable convention or EU regulation), we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we will deduct any money which you have received or are entitled to receive from the carrier for the claim in question. Copies of the applicable international conventions and EU regulations are available from us on request. Please note that strict time limits apply for notifying loss, damage or delay of luggage to the airline. Any proceedings in respect of any claim (including one for personal injury or death) must be brought within 2 years of the date stipulated in the applicable convention or EU regulation.
(7) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any losses or expenses which relate to a business including self employed loss of earnings.
30. Complaints and problems
In the unlikely event that you have any reason to complain or consider that there has been a failure to perform or improper performance of any of your contracted holiday services whilst you are away, you must immediately inform our local representative or agent (if we have one) and the supplier of the service(s) in question. Any verbal notification must be put in writing and given to our representative / agent and the supplier as soon as possible. If we do not have or you cannot contact our local representative or agent and any complaint or problem is not resolved to your satisfaction by the supplier, you must contact us in the UK using the contact details we have provided you with during your holiday, giving us full details and a contact number. Until we know about a complaint or problem, we cannot begin to resolve it. Most problems can be dealt with quickly. If you remain dissatisfied, however, you must write to us within 28 days of your return to the UK giving your booking reference and full details of your complaint / claim. Only the party leader should write to us. For all complaints and claims which do not involve death, personal injury or illness, we regret we cannot accept liability if you fail to notify the complaint or claim entirely in accordance with this clause. If you fail to follow this simple complaints procedure, your right to claim any compensation you may otherwise have been entitled to may be affected or even lost as a result.
If, despite our best efforts and having followed the above procedure for reporting and resolving your complaint, you feel that it has not been satisfactorily settled, we recommend that it is referred for arbitration under the Travel Industry Arbitration Service. An independent arbitrator will review the documents relating to any complaint and deliver a binding decision to bring the matter to a close.
Details of this scheme are available from The Travel Industry Arbitration Service, administered by Dispute Settlement Services Limited, 9 Savill Road, Lindfield, Haywards Heath, West Sussex, RH16 2NY.
This scheme cannot however decide cases where the sums claimed exceed £5,000 per person or £10,000 per booking form, or claims which are solely or mainly in respect of physical injury or illness or the consequence thereof.
Alternatively, you may use the ABTA arbitration scheme referred to in Section A clause 14.
31. Financial security
We hold an Air Travel Organiser's Licence issued by the Civil Aviation Authority (ATOL number 2580). When you buy an ATOL protected flight or flight inclusive package from us, you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable). If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit, you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent or your credit card issuer where applicable. You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under The Package Travel and Linked Travel Arrangements Regulations 2018 for Sailing Holidays Ltd. 5218, and in the event of their insolvency, protection is provided for the following:
1. non-flight packages and
2. flight inclusive packages that commence outside of the UK, which are sold to customers outside of the UK.
ABTOT cover provides for a refund in the event you have not yet travelled or repatriation if you are abroad. Please note that bookings made outside the UK are only protected by ABTOT when purchased directly with Sailing Holidays Ltd. 5218.
In the unlikely event that you require assistance whilst abroad due to our financial failure, please call our 24/7 helpline on 01702 811397 and advise you are a customer of an ABTOT protected travel company.
You can access The Package Travel and Linked Travel Arrangements Regulations 2018 here: https://www.legislation.gov.uk/uksi/2018/634/contents/made
32. Assistance while you are away
In the event you end up in difficulty (of any sort) during your holiday, we will provide you with appropriate assistance as soon as reasonably possible including by the provision of appropriate information on health services, local authorities and consular assistance and by assisting you to make distance communications and to find alternative travel arrangements as may be applicable. Where you are in difficulty as a result of your negligence, we may charge you a reasonable fee for this assistance which will not exceed the costs we actually incur.
These booking conditions are valid from 11th February 2021, for those who booked before this date the previous booking conditions can be found here.
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