Sail Croatia’s Yacht Charters Booking Terms and Conditions
Making a booking
Pricing & Payment
Your travel arrangements
Changes by you
Cancellations by you
Changes and cancellations by us
Collection, Return & Security Deposit
Insurance and responsibility for damage
Your Responsibilities – Bareboat Charters
>Our responsibilities to you
Confidentiality and Data Protection
Package Travel Regulations- Private Charters only
Our liability to you
Conditions of suppliers
Special requests and medical problems
Excursions, activities and website information
Passports, visas and health requirements
Date of last update: 31 May 2018
- Booking Conditions
- 1.1 These terms and conditions (“Booking Conditions”) together with the general information contained on our website www.sail-croatia.com, Privacy Notice www.sail-croatia.com/privacy-policy, our brochure and any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with Sail Croatia Adventures Limited (collectively referred to as “Sail Croatia”, “we”, “us”, or “our”). Please read them carefully as they set out our respective rights and obligations. These Booking Conditions only apply to holiday arrangements which you book with us in the UK and which we agree to make, provide or perform (as applicable) as part of our contract with you.
- 1.2 All references in these Booking Conditions to: (a) “charter”, “holiday”, “booking”, “contract”, “package”, “tour” “arrangements” or “travel arrangements” mean such holiday arrangements. (b) “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date) (c) “Bareboat Charter” means a charter arrangement where we charter a Vessel to you only, subject to any agreement to supply a professional skipper; (d) “Private Charter” means a charter arrangement whereby we supply a skipper to sail the Vessel and the other inclusions associated with a Private Charter as specified in your confirmation invoice. (e) “Vessel” means the vessel you book either on a Bareboat Charter or Private Charter basis.
- 1.3 These Booking Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so. Alternatively you may elect to use the ABTA Arbitration Scheme (see clause 24.2).
- 1.4 Sail Croatia reserves the right at any time, or from time to time to update, revise, supplement or otherwise modify these Booking Conditions and to impose new or additional terms. All updates, revisions, modifications and new rules will be effective immediately and incorporated into these Booking Conditions. If the changes are significant or may materially impact upon your rights, we will provide a more prominent notice or contact you by other means (including, for certain services, email notification of Privacy Notice changes).
- 2.1 To make a booking, you must complete our booking form. This must be completed by the first named person on the booking (“Party Leader”). The Party Leader must be at least 18 years of age when the booking is made. The Party Leader must 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 years of age when the booking is made.
- 2.2 If you are under the age of 18, you should review these terms and conditions with your parent or guardian before agreeing to make sure that you or your parent or guardian understand your and their legal obligations.
- 2.3 Once we have received your booking form and your deposit payment (or full payment if booking within twelve weeks of the start date of your arrangements with us) as per clause 3 below, we will, subject to availability, confirm your travel arrangements by issuing a confirmation invoice, at which point the contract between us is formed.
- 3.1 In order to confirm your chosen travel arrangements, a deposit of 30% of the booking (or full payment if booking within twelve weeks of the start date of your arrangements with us) must be paid at the time of booking. The balance of the cost of the arrangements must be received by us not less than twelve weeks prior to the start of your arrangements. This date will be shown on the confirmation invoice. Reminders are not sent.
- 3.2 If we do not receive all payments due in full and on time, we are entitled to treat your booking as cancelled. In this case you must pay the cancellation charges shown in clause 6.1 as from the date we reasonably treat your booking as cancelled.
- 3.3 We reserve the right to make changes to and correct errors in advertised prices at any time before your travel arrangements are confirmed. We will advise you of any error of which we are aware and of the then applicable price at the time of booking. Please note, changes and errors occasionally occur. You must check the price of your chosen travel arrangements at the time of booking.
- 3.4 Subject to this clause 3.5, once we have issued you with a confirmation invoice the price of your arrangements will not change.
- 3.5 You should be aware that there may be changes in costs, including the cost of fuel, taxes and exchange rates which mean that the price of your travel arrangements may change after you have booked. However there will be no change once you have paid your balance. We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid, except for any amendment charges.
- 3.6 Should the price of your travel arrangements go down due to the changes mentioned above, by more than 2% of your holiday cost prior to you paying your balance, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
- 4.1 Bareboat Charters
- (a) If you book a Bareboat Charter, this means that we will procure the supply of the Vessel to you for you to sail during the charter period specified in your confirmation invoice. A Bareboat Charter is limited to the supply of the Vessel and all the yacht equipment specified in the Checklist (see clause 9.3). You are responsible for all operating costs associated with the charter, including fuel, mooring expenses (other than at ACI Marina Split) and any local taxes payable.
- (b) You may choose to hire a professional skipper from us for a Bareboat Charter. If you do so, then we will supply you with a skipper with the sailing licenses and certificates of qualification necessary for skippering a vessel similar to the Vessel you have chartered. The skipper shall comply with all reasonable instructions from you regarding the movement of the Vessel, however you acknowledge that the skipper has ultimate control of the Vessel and may elect to sail the boat in his or her discretion to ensure safe passage.
- (c) For Bareboat Charters, our responsibility to you is limited to the supply of the Vessel, and any other services we supply to you as principal, including a skipper, but we are not responsible for the sailing of the Vessel unless we supply a skipper.
- 4.2 Private Charters
- (a) If you book a Private Charter, this means that we will supply the Vessel and a professional skipper to sail the Vessel and any other services we agree to provide as part of the Private Charter. The price of a Private Charter includes airport transfers, fuel and local taxes. However the price does not include mooring expenses (other than at ACI Marina Split), which are payable to respective marinas by you during your sailing.
- (b) For Private Charters, we are responsible to you for the performance of the sailing, subject to these Booking Conditions.
- 5.1 Should you wish to make any changes to your confirmed travel arrangements, you must notify us in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests. Where we can, an amendment fee of €20 per booking will be payable together with any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. A change of charter 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 price of the travel arrangements where, for example, the basis on which the price of the original travel arrangements was calculated has changed.
- 5.2 If any member of your party is prevented from travelling, that person(s) may transfer their place to someone else (introduced by you and satisfying all the conditions applicable to the arrangements) provided we are notified not less than 7 days before departure and you pay an amendment fee of €20 per person transferring, meet all costs and charges incurred by us and/or incurred or imposed by any of our suppliers and the transferee agrees to these Booking Conditions and all other terms of the contract between us. If you are unable to find a replacement, cancellation charges as set out will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
- 6.1 Cancellations must be notified to us immediately by the Party Leader in writing. Notices of cancellation will only be effective when received in writing by us. 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 by the person(s) cancelling excluding insurance premiums and amendment charges which are not refundable in the event of cancellation.
- 6.2 All bookings will be subject to a cancellation fee where the following charges in clause 6.2 below, where applicable. Period before departure within which written notification of cancellation is received by us, the cancellation charge per person is determined as the following:
- (a) Over 90 days, loss of deposit
- (b) Between 90 and 60 days 40% loss
- (c) Between 59 and 31 days 60% loss
- (d) 30 days or less 100% loss
- 6.3 No refunds will be given for wholly/partly used charters for any other services booked but not taken. Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your own insurance policy. Claims must be made directly to the insurance company concerned.
- 7.1 We start planning the travel arrangements we offer many months in advance. Occasionally, we have to make changes to and correct errors in our website and other details both before and after bookings have been confirmed we may also have to cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so.
- 7.2 Examples of minor changes include a change of yacht to that of the same or higher official classification or a change to check-in or drop off time of less than four hours.
- 7.3 Occasionally, we have to make a “significant change”. A Significant Change is a change made before departure which, taking account of the information you give us at the time of booking and which we can reasonably be expected to know as a tour operator, we can reasonably expect to have a major effect on your travel arrangements.
- 7.4 Significant Changes are likely to include the following changes when made before departure; a change of yacht to that of a lower official classification or standard for the whole or a major part of the charter period, which would include the class and age of a yacht, length of a yacht, material pieces of equipment on board, number of cabins and bathrooms. If we have to make a significant change or cancel, we will tell you as soon as possible.
- 7.5 If there is time to do so before departure, we will offer you the choice of the following options:
- (a) accepting the changed arrangements;
- (b) purchasing alternative travel arrangements from us, of a similar standard to that originally booked if available. We will offer you at least one alternative travel arrangement of equivalent or higher standard for which you will not be asked to pay any more than the price of the original travel arrangement(s) that you booked. If this travel arrangement is in fact cheaper than the original one, we will refund the price difference. If you do not wish to accept the travel arrangement we specifically offer you, you may choose any of our other than available travel arrangements. You must pay the applicable price of any such travel arrangements. This will mean you paying more if it is more expensive or receiving a refund if it is cheaper; or
- (c) cancelling or accepting the cancellation in which case you will receive a full refund of all monies you have paid to us.
- 7.6 We will not cancel your travel arrangements less than 43 days before your departure date, except for reasons of Force Majeure or failure by you to pay the final balance.
- 7.7 If we have to make a Significant Change or cancel we will, as a minimum where compensation is due, pay you the compensation payments set out in the table below depending on the circumstances and when the significant change or cancellation is notified to you subject to the following exceptions:
- (a) compensation will not be payable and no liability beyond offering the above mentioned choices, can be accepted where we are forced to make a significant change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care; or
- (b) no compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these Booking Conditions which entitles us to cancel (such as paying on time) or if the change made is a minor one.
- 7.8 If in the period before the date when your arrangements with us are due to commence, a Significant Change or cancellation is notified to you, then compensation per person will be as follows:
- (a) More than 42 days Nil 4
- (b) 2 to 29 days €20
- (c) 28 to 14 days €30
- (d) 13 to 7 days €40
- (e) 6 days or less €80
- 7.9 Very rarely, we may be forced by Force Majeure (see clause 18) to change or terminate your travel arrangements after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.
- You must deliver to us a crew list, which includes the following required information about each crew member: (a) Full name (b) date of birth, (c) passport or identity card number and nationality, expiry, birthplace and (d) contact number. This is to be provided for all crew members in the party no later than one week before the scheduled departure date.
- 9.1 The Vessel shall be collected and returned as follows:
- (a) Check in: FROM 17.00 h on the first day of the charter
- (b) Check out: BY 08.30 h on the final day of the charter.
- 9.2 The Vessel must be returned to the home base the afternoon or evening of the day before checkout.
- 9.3 The Vessel’s condition, all technical functions (in particular, sail, lights and motor) and the completeness of accessory and inventory shall be thoroughly inspected using an equipment list (‘the Checklist’) by both you and our representative (who may be our agent) during check-in. We warrant that the Vessel and its equipment meet the requirements of the relevant statutes and regulations in the agreed charter shipping route. The seaworthiness of the Vessel and the equipment shall then be confirmed to be correct and in good order by both parties signing the Checklist prior to handover.
- 9.4 On the return of the Vessel, both you and our representative will conduct a checkout inspection of the Vessel and its equipment and agree the return Checklist.
- 9.5 Security Deposit – Bareboat Charters only
- (a) Unless we agree otherwise, you acknowledge and agree that on check-in, you will be required to pay security deposit for the Vessel as published on our website and as confirmed in your confirmation invoice.
- (b) The security deposit will be paid by either us or our supplier (as agent for us) placing a hold on your credit card for the security deposit.
- (c) The security deposit will not be used unless required for damages caused to the Vessel or its equipment or if the yacht is returned later than scheduled.
- (d) You authorise us or our supplier (as our agent) to debit your credit card up to the level of the security deposit in this regard.
- (e) We will procure that the security deposit is released within 5 business days after the return Checklist is agreed, provided that we have not applied it in the manner described above, in which case we will procure the release of any balance of the security deposit.
- 10.1 Adequate travel insurance is a condition of your contract with us. 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.
- 10.2 We provide insurance for the Vessel. For bareboat charters, this insurance is subject to an excess amount equal to your security deposit. For private charters, the price of your travel arrangements includes damage waiver insurance, meaning that you are not required to provide a security deposit.
- 10.3 Your financial liability for any loss or damage covered by this insurance is:
- (a) for Bareboat Charters: limited to the amount of the security deposit; and
- (b) for Private Charters: zero; but subject to the following exclusions which are not covered by insurance:
- · damage which is caused deliberately, recklessly or by gross negligence; and
- · damages which would be covered by insurance but are not reported promptly to both us and the insurance company which are not be covered, as per the insurance policy.
- 10.4 You will be responsible for the full amount of any damages not covered by insurance, unless such damages were caused by us or our supplier(s). Damage to the hull of the Vessel must be followed by Vessel inspection, out of the water, which will be at your expense if you are held responsible for this discovered damage.
- 11.1 Prior to handing over the Vessel, we or the supplier of the Vessel may request proof of previous sailing experience, and request it to be presented with the sailing licences or certificates of qualification necessary for skippering a vessel in the agreed boat class and sailing area. If you have any queries or concerns regarding your experience or qualifications it is important you raise them with us prior to making your booking.
- 11.2 In the event of any doubts concerning the qualification for safe skippering of the chartered yacht and crew, then we may appoint or arrange for a skipper of our choice for you, at your expense. Should this not be possible, or should you not agree, we may refuse to handover the Vessel, and you shall not be entitled to any refund.
- 11.3 The Vessel can only be used exclusively in the coastal sea of the Croatian waters, unless otherwise agreed in writing, and is not allowed to be used for commercial purposes, such as (but not limited to) sailing school, diving, tours.
- 11.4 You should familiarise yourself with the technical systems of the Vessel prior to commencement. You shall use best endeavours comply with the instructions provided on board the Vessel and understand the particularities of the shipping route, such as (but not limited to) currents, change in water levels, down winds and wind tunnel effects.
- 11.5 You must be able to perform rotational control and maintenance on board the Vessel throughout the charter period, particularly verifying the oil level and coolant level of the motor on a daily basis.
- 11.6 You are responsible for ensuring the Vessel does not exceed the number of persons permitted on board, as per your contract with us. You are also responsible in ensuring no undeclared goods, subject to custom duties, or dangerous goods/substances are allowed on board.
- 11.7 You are obliged to report any damages to the Vessel as soon as possible but in any event within 24 hours of the incident occurring, both to authorised governing bodies and to us.
- 11.8 Regardless of insurance, you are also obliged to pay for all caused damages up to the amount of the security deposit.
- 11.9 The Vessel must be returned to the agreed marina the evening before checkout, unless otherwise agreed in writing with us. In the event where you are unable to return the Vessel at the specified time, you must contact us at the earliest convenience.
- 11.10 You are obliged to return the Vessel to the agreed marina with full fuel tanks. In the event where the Vessel has not been returned with a full fuel tank, the fuel will be charged to you at market price, plus a fee to cover expenses of organisation and delivery of €100.
- 11.11 You should allow plenty of time for a punctual return, bearing in mind local wind and weather conditions, and when planning keep the yacht in sufficient proximity to the place of return. In the event of late return, we may charge an additional fee (2% of the weekly charter price per hour) in order to compensate the next charterer of the Vessel. This will not apply if timely return is not possible due to dangerous weather/sea conditions.
- 11.12 Should you leave the chartered yacht at a location other than the agreed place of return, you shall bear the costs of returning the Vessel to the agreed place. You must notify us without delay in all cases.
- 11.13 If gusts exceeding 25 knots are forecast, it is imperative that you contact the base manager as to whether the Vessel is safe to be at sea, or if it should remain in dock. If these instructions are not complied with, any claims against ourselves, our suppliers or the insurance company arising from failure to follow these instructions will be denied and you will be responsible for all resulting loss. If in any doubt, you should always contact us on one of the contact numbers provided, or via radio.
Sailing Terms & Use of the Vessel
Return of the Vessel
- 12.1 We will provide the Vessel on the agreed date in a seaworthy, good condition and clean, with full fuel and water tanks.
- 12.2 We will provide a Vessel equipped in accordance to the laws and rules of berth location of the Vessel and our yacht charter standards.
- 12.3 The equipment list is an integral part of our agreement with you, and a Checklist will be signed by the party leader and our representative on both the collection and return of the Vessel.
- 12.4 We will be available via telephone or radio during, at least, normal office hours during your charter.
- 12.5 Should we fail to provide the Vessel (or a suitable substitute) within four hours of the contractually agreed time, the charter price will be reduced on a pro rata basis for the down time. The same shall also apply for necessary repairs, except where repairs are due to the actions of your crew.
- 12.6 Should we fail to provide the Vessel (or a suitable substitute) within 48 hours you can choose to cancel the charter and request full reimbursement of the charter price.
- 12.7 Unfortunately some equipment may be damaged or lost during a previous charter and new equipment may not be delivered before the embarkation. Should the Vessel’s equipment or accessories be of a lower standard or level than those agreed, you may request an appropriate reduction of the charter price, but cancellation and full reimbursement will not be considered unless the yacht's seaworthiness is impaired or correct navigation using common navigation methods is made significantly more difficult and the risks to the safety of the boat and crew increase significantly as a result.
- 12.8 Please be aware that sailing carries an inherent level of risk, and we are not responsible for possible injuries, damages and other more difficult situations that may arise on or around the Vessel for you, or members of your crew, as well as for possible passengers, or for any third party except where caused by our negligence or that of our employees or suppliers.
- 13.1 Sail Croatia will maintain confidentiality of your data, and will make reasonable efforts to prevent any unauthorised use, disclosure, copying, publication or dissemination of your data, except and only to the extent necessary in accordance with these Booking Conditions.
- 13.2 In these Book Conditions, “Personal Data” means any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier.
- 13.3 Wherever Sail Croatia determines the means and purposes of the processing of Personal Data relating to you, Sail Croatia will be the ‘data controller’ (as such term is understood under applicable data protection laws) of such Personal data, and the terms of Sail Croatia’s Privacy Notice (INSERT LINK) shall apply to such processing.
- 13.4 Sail Croatia will in accordance with its Privacy Notice:
- (a) comply at all times with applicable privacy and data protection laws;
- (b) take all reasonable steps to protect the security and integrity of (i) information that can be used to establish the identity of you, (ii) sensitive information about you and (iii) your Personal Data; and
- (c) take reasonable steps to notify you if Sail Croatia becomes aware of any disclosure of (i) your Personal Data or other data that can be used to establish the identity of you, or (ii) sensitive information about you that is associated with you.
- We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992 as set out below in clause 17. Subject to these booking conditions, if we or our suppliers negligently perform or arrange the services which we are obliged to provide for you under our contract with you, as set out on your confirmation invoice, we will pay you reasonable compensation. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
- 15.1 We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
- (a) the act(s) and/or omission(s) of the person(s) affected;
- (b) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable;
- (c) unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
- (d) an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
- 15.2 We limit the amount of compensation we may have to pay you if we are found liable as follows:
- (a) loss of and/or damage to any luggage or personal possessions and money – the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
- (b) Claims not falling under 15.1(a) above and 15.1(c) below and which don’t involve injury, illness or death – the maximum amount we will have to pay you in respect of these claims is twice the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
- (c) Claims in respect of international travel by air, sea and rail, or any stay in a hotel:
- i. the extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract;
- ii. in any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier; and
- iii. when making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
- 15.3 It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
- 15.4 Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
- 15.5 Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description 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 relate to any business.
- 15.6 We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
- When you book with us, you agree that you must comply with the rules and regulations applicable to the Vessel you are sailing on. You accept responsibility for any damage or loss, howsoever caused, while the Vessel is in your possession, unless such damage is caused by us or our supplier(s). We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the travel arrangements of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the Vessel or other service concerned. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
- Many of the services which make up your travel arrangements 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 are available on request from ourselves or the supplier concerned.
- Except where otherwise expressly stated in these Booking Conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage, loss or expense of any nature as a result of Force Majeure. In these Booking Conditions, "Force Majeure" means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include (but not limited to) war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.
- 19.1 If you have any special request, you must advise us in writing at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met unless we have specifically confirmed this in writing. Failure to meet any special request not confirmed in writing 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 the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. We regret we cannot accept any bookings which are conditional upon a special request being met.
- 19.2 If you or any member of your party has any medical problem or disability which may affect your holiday or has any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements and/or making the booking. We may require you to produce a doctor’s certificate certifying that you are fit to participate. In any event, you must give us full details in writing at the time of booking and whenever any change in the condition or disability occurs. You must also promptly advise us if any medical condition or disability which may affect your holiday develops after your booking has been confirmed. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline their reservation or, if full details are not given at the time of booking or the condition/disability develops after booking, cancel when we become aware of these details.
- 20.1 We 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. Unless it is expressly stated in your confirmation invoice that an excursion(s) or activity(ies) is a package inclusion, we have no involvement in any such activities or excursions which are neither run, supervised nor controlled in any way by us. They are provided by local operators or other third parties who are entirely independent of us, on their terms and conditions. We may act as agent for those third parties to the extent required to put you into contract with those local operators, but we have no responsibility for the performance of that contract.
- 20.2 These excursions or activities (which are not part of a package sold by us) do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 15 of our Booking Conditions will not apply to them.
- 20.3 We do not however exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury. We cannot guarantee accuracy at all times of information given in relation to activities or excursions available in or about the area you are visiting generally (except where this concerns the services which will form part of your contract with us) or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control. If you feel that any of the activities mentioned on our website or brochure which are not part of our contract are vital to the enjoyment of your holiday, write to us immediately and we will tell you the latest known situation. If we become aware of any material alterations to area information and/or such outside activities which can reasonably be expected to affect your decision to book travel arrangements with us, we will pass on this information at the time of booking.
- 21.1 If you or any member of your party miss your flight or other transport arrangement, it is cancelled or you are subject to a delay of over three hours for any reason, you must contact us immediately.
- 21.2 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. However any airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them.
- Please note, it is the requirements and standards of the country in which any services which make up your travel arrangements 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.
- 23.1 The passport, visa and health requirements applicable at the time of printing to British citizens for the travel arrangements we offer are shown elsewhere on this website. Requirements may change and you must check the up to date position in good time before departure. A full British passport presently takes approximately four to six weeks to obtain. If you or any member of your party is 16 or over and haven't yet got a passport, our recommendation is that you should apply for one at least six weeks before your holiday. The UK Passport Service has to confirm your identity before issuing your first passport and will ask you to attend an interview in order to do this.
- 23.2 Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit www.passport.gov.uk.
- 23.3 If you or any member of your party is not a British citizen or holds a non-British passport, you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel.
- 23.4 It is your responsibility to ensure you are aware of all recommended vaccinations and health precautions in good time before departure. Details are available from your GP surgery and from the National Travel Health Network and Centre www.nathnac.org. Information on health abroad is also available on www.nhs.uk/Livewell/Travelhealth. For trips in the EEA you should obtain an EHIC (European Health Insurance Card), prior to starting your arrangements, from www.ehic.org.uk. An EHIC is not a substitute for travel insurance.
- 23.5 Vaccination and other health requirements/recommendations are subject to change at any time for any destination. Please therefore check with a doctor or clinic not less than six weeks prior to departure to ensure that you have met the necessary requirements and have the applicable information. 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 we cannot accept any liability if you or any member of your party are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. If failure to have any necessary travel or other documents results to fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
- 24.1 Book with Confidence. Sail Croatia Adventures Ltd is a fully bonded member of ABTA with membership number Y329X. This means your money is fully protected in the unlikely event of our insolvency. Please go to www.abta.com for a copy of the guide to ABTA’s scheme of Financial Protection. ABTA and ABTA members help holidaymakers to get the most from their travel and assist them when things do not go according to plan.
- 24.2 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