TERMS AND CONDITIONS
SailWeek Ltd, 2nd Floor, Nucleus House, 2 Lower Mortlake Road, Richmond TW9 2JA, United Kingdom.
These Booking Terms and Conditions and General Information are provided on our websites: sailweek.tours, sailweekcroatia.com and sailweek.com shall provide the basis of your contract with SailWeek. SailWeek Ltd. registered office is located on the 2nd Floor, Nucleus House, 2 Lower Mortlake Road, Richmond TW9 2JA, United Kingdom.
DEFINITIONS AND INTERPRETATION
In these Booking Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
- “We”, “Us”, “Our” – SailWeek
- “You”, “Your” – All persons named on the booking or added to the booking at a later time
- “Travel arrangement”, “Holiday” – The yacht charter you book with SailWeek
The headings used in these Booking Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
Words imparting the singular shall include the plural and vice versa and references to any gender shall include the other gender. A contract exists upon receipt of the booking deposit by SailWeek.
Bookings can be made via our website, direct contact to firstname.lastname@example.org or affiliated travel agents.
Once you have paid the first payment, the booking will be confirmed and fixed. If you are paying by bank transfer, you have to send us the proof of payment within 12 hours after the booking has been made, or the booking will be cancelled and opened for bookings by other customers.
The person(s) booking must be at least 18 years old at the time of booking and be authorised to make the booking on the basis of these Booking Conditions by all persons named on the booking and their parent or guardian for all party members who are under 18 at the time of booking.
For all bookings, the head booker is obliged to provide us with a list of crew members embarking on the boat or yacht at least 15 days prior to the departure. If you fail to provide us with a full crew list and the member/s with an incomplete crew list is accepted, a 40 EUR fee must be paid per person which will be added to the local payments.
All correspondence will be sent to the party leader. It is the party leader’s responsibility who made the booking with us to ensure all party members on the booking, or those added at a later time, are sent the booking confirmation.
Payments can be made by Amex, Visa or MasterCard (either credit or debit card) or by wire transfer. SailWeek does not have access to your credit card information, bank account numbers, or other personal financial data sent to those processing services.
- First instalment is 10% of the total amount. This is your deposit and confirms your booking once received.
- Second instalment (30% of total) is due 35 days (5 weeks) after the booking is made. Unless the booking is within 90 days before departure, then the full remainder is due.
- Third instalment (60% of total) is due 90 days before departure.
Your selected travel arrangements are not confirmed until you have paid the deposit. We will be entitled to assume you wish to cancel your booking if all payments due are not received in full and on time. Cancellation charges will apply – see Cancellation Policy.
Local payments apply to all bookings and cover tourist taxes, marina/port fees and fuel for the week. You will be required to pay local payments of 600 HRK (Croatian kuna) per person on departure day in Croatia and 80 EUR in Malta, Greece and Montenegro. This will be directly payable during the SailWeek Check-in procedure upon your arrival at the departure marina, only in cash.
CREW LIST DETAILS – EXTRA FEE
When you book with us it is mandatory that you fill in the crew list details for every passenger.
The Port Authority requires this information by law. You cannot travel with us if the Crew List is not completed in full. Your Crew list must include surname, name, residence, date of birth, place of birth, passport number, nationality and their contact (email/phone).
This also applies to full yacht bookings, so please ensure that all the information for every crew member is complete and accurate.
If the crew list is not completed in full 15 days before the trip, those guests may be rejected from joining the trip and forfeit any right to a refund or postponement.
If the member/s with an incomplete crew list is accepted, a 40 EUR fee must be paid per person which will be added to the local payments.
A binding contract between SailWeek and yourself will come into effect upon us sending out our confirmation invoice to the person(s) responsible for making the booking. English Law will apply to the contract and it is agreed that any claim or dispute in the contract must be dealt with by the Courts of England and Wales. Changes made to Booking Conditions or General Information on our website will only be valid if agreed by us.
We will always aim to provide you with the best holiday possible, but if a problem occurs you must report it to your Skipper or Route Manager who will immediately endeavour to resolve it on the spot. Failure to report problems as they occur deprives us of the opportunity to investigate and rectify your complaint whilst you were on your holiday and may result in your claim for compensation being lost.
If your complaint is not resolved locally, please contact us via email at email@example.com.
If the problem cannot be resolved and you wish to complain further, you must send a formal written notice of your complaint to us at our office within 28 days of the end of your trip, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect our and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.
Please note that we offer an Alternative Dispute Resolution service through our ABTA membership. Please see the ABTA clause for further details. Also, you can access the European Commission Online Dispute Resolution (ODR) platform at ec.europa.eu/consumers/odr. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.
We are a Member of ABTA, membership number Y6260. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com
CONDITIONS OF SUPPLIERS
Many of the services which make up your booking are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
We reserve the right to make changes and correct advertised pricing errors at any time before your booking is confirmed. It is your responsibility to notify us in writing of any changes to confirmed bookings as soon as possible. We will not charge any admin fees for name changes, but we will have to pass on any costs incurred by ourselves or imposed by any of our suppliers for any changes by you to confirm bookings if we are able to accommodate the change.
Due to the nature of sailing the skipper of all our yacht/boat reserves the right to change course from any particular itinerary for any reason especially where it is deemed necessary in the interests of the health and safety of our passengers.
CANCELLATIONS BY CUSTOMERS
If you’ve changed the date of the holiday, route or you wish to cancel your changed booking, cancellation rules apply from the date you made your initial booking. When you commit to coming on holiday with us, we book yachts and make other financial commitments to skippers and sundry suppliers to be able to provide you with a holiday.
IF YOU ARE PAYING IN INSTALMENTS/PAYMENT PLAN
Should your circumstances change and you have to cancel, we will need to charge you a cancellation fee in order to offset these financial obligations we have taken on to serve you. We recommend you purchase travel insurance with cancellation cover. It can be bought by all the major insurance companies.
The cancellation fee will be the total value of instalments due up to the point of cancellation.
IF YOU PAID THE FULL AMOUNT WHILE MAKING A BOOKING
If you paid the full amount when booking, the cancellation fee will be the same as it would have been had you chosen to pay by instalments.
Where you choose to cancel your booking, the Head Booker should inform us immediately at firstname.lastname@example.org
- Within the first 48 hours of booking 0%;
- From the date of booking to no later than 35 days (5 weeks) from the booking date 10%
- From 35 days (5 weeks) after the booking is made to 90 days before the date of the event (check your booking to see the exact date) – 40%;
- From 90 days, or less, prior to the event date (check your booking to see the exact date) – 100%
Please Note: If your payment plan differs from that in the payments section of this page, the cancellation charges shall differ from those detailed above and shall reflect your payment terms. For the avoidance of doubt and by way of clarity, where you cancel a booking with a differing payment plan, we shall retain all sums paid up until cancellation.
FLEXIBLE BOOKING POLICY – SEASON 2022
*Applies to 2022 BOOKINGS made from 21st September 2021
BOOK BY PAYING 10% DEPOSIT
- Pay 10% and secure your spot, cabin or yacht.
CHANGE THE NAME FOR FREE
- Crew member name change is possible until 15 days prior to the trip.
48h FREE CANCELATION
- Applies for spot and full yacht bookings 48 hours after the booking is made.
TRANSFERABLE TRAVEL CREDIT
- Anyone with the travel credit from 2020 & 2021 can transfer it to someone else free of charge.
- No refunds on unused travel credit.
- Transferable only to ones who don’t have a booking with SailWeek
FULL REFUND ON WEEKS CANCELED BY SAILWEEK
- Receive a quick and full refund on weeks cancelled by us.
FLEXIBLE SPOT BOOKINGS
- Postpone your booking 90 days prior to the scheduled trip
- Get a travel credit in the amount paid that can be used to rebook a trip in season 2023
- No money refunds on travel credits
- Applies only for spot bookings
CANCELLATION BY US
SailWeek’s targeted customers are from 18 to 40 years of age.
If you are above 40 years of age, SailWeek holds the right to cancel your booking due to safety and insurance policy reasons. In that case, you will be notified and you will get a full refund. If you are outside of this age range please contact us in advance of booking to see if there is anything we can do.
Although we strive to avoid cancellations, sometimes they are unavoidable and we must reserve the right to do so. We will notify you of any cancellations as soon as possible before departure and you will have the choice to:
- accept the altered arrangements,
- book alternative arrangements from us of a similar standard to the original booking if available, we will always refund the difference in price if replacement holiday is of a lower standard and price, or
- accept the cancellation and receive a full and quick refund of all monies you have paid to us.
SPECIAL COVID CANCELLATION*
*Applies to 2022 bookings
COVID-19 CANCELLATION POLICY
If you are unable to get to your departure destination due to COVID-19 disruption** you will be issued a travel credit to the value of the payment you have made. Travel credit can be used to rebook a trip in season 2023.
Please note Travel credit cannot be exchanged for cash.
**Disruption is qualified as
You are unable to travel to your departure destination due to departure country government travel bans.
Please note, if the country you are visiting allows entry but requires a negative test for COVID-19 or a proof of full vaccination, which you are unable to provide our policy does not class such situations as COVID-19 disruption and normal cancellation terms would apply
WEEKS CANCELLED BY SAILWEEK
Guests will be entitled to a full refund on weeks cancelled by SailWeek
ULTRA ROUTE 2022 BOOKINGS
If the festival is cancelled by event organisers then guests are entitled to switch to Party (the route is the same or similar) or get their 3rd instalment back. The 1st and 2nd instalments are switched to travel credit and can be used to rebook a trip in season 2023.
Unfortunately, we will not be liable for failure to perform its obligations stated in the Booking Conditions or pay any compensation if such failure is a result of “force majeure”. For the purpose of these Booking Conditions, “force majeure” will be deemed to mean any event we as the supplier of the service could not avoid or foresee, such as pandemics, storm, strong wind, nuclear disasters, civil strife, terrorist activity, industrial dispute, fire, flood, earthquake, hurricane or other events out of our control.
SailWeek will fulfil its contractual obligations with you using reasonable skill and care. Unless we breach the booking contract, this holiday is at the customer’s own risk. You will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred as a result of your breach or default in the discharge of your obligations.
SailWeek will not be liable to you in any way for any damages, loss, expense, injury, illness or death if your claim resulted from:
- Any act, omission or failure by any third party;
- Any act, omission or failure by any employee(s), if they were not acting in the course of their employment carrying out the duties they were contracted to do with us;
- Any incorrect information supplied by you or a party on your booking form;
- Any of our emails being blocked by web filters or firewalls;
- Any act, omission or failure by any of our supplier(s);
- Any act, omission or failure of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable;
- Any act which may result in ‘Force Majeure’. As per the Force Majeure clause.
Our maximum liability for any successful claim will not exceed the price of your holiday, less any insurance claim.
We hold valid public liability insurance.
When it comes to allocating guests on the yachts we always try to make a perfect crew list based on gender, age and mixed nationalities. Crew lists depend on the guests who booked that week. Most of the weeks we have an equal gender ratio but sometimes that is not the case. Also, the layout of the boats sometimes doesn’t allow us to allocate people the way we want.
For solo travellers and odd groups of friends, we will do our best and try to put you in a single bunk bed in a cabin with someone of the same gender. Sometimes the gender ratio is not equal so there is a possibility that you can be grouped with someone of the opposite gender sharing a bunk or a double bed cabin.
RIGHT TO USE PHOTOS AND VIDEOS
We like to capture real people enjoying their trip. One advantage of having a professional photographer or videographer on your trip is that you may end up with really high standard content capturing beautiful memories. Please note a photographer or videographer is not guaranteed on every route or week.
By booking you agree that such SailWeek staff or representatives may take photographs and videos of you while you are on holiday and that these may be used for advertising and promotional purposes without obtaining any further consent or payment in respect of such photographs and/or videos. Images and video may be edited, cropped or altered for use and SailWeek retains all rights and ownership of the images and videos collected.
By booking, you agree that still or video content captured on your trip is used for personal purposes only unless you retain written permission by SailWeek for such use. You also agree that under no circumstance you will use any content created on your trip for commercial purposes whatsoever. This does not stop you from using your images and videos on personal social media channels. If SailWeek feels you have breached these conditions they hold the right to enforce a removal of the content.
We provide full financial protection for our package holidays, by way of a bond held by ABTA. SailWeek is a Member of ABTA with membership number Y6260. This means that in the unlikely event of our financial failure, ABTA will financially protect customer payments, including, where appropriate, providing refunds and assistance to affected customers. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct.
BEHAVIOUR AND EARLY TERMINATION OF CONTRACT
A responsible level of behaviour and consideration is expected whilst you are onboard our boats/yachts and you must comply with the boats/yachts rules and regulations. You will be liable for any damage or loss caused by you or by persons in your party whilst on board. If you or any persons in your party are deemed to be in our reasonable opinion behaving in a manner which is likely to cause danger or distress to anyone else, a third party or property, we are entitled to terminate our agreement with the person(s) involved without notice or refund. We also have the right to remove the person(s) involved from the vessel and have no further responsibilities towards the person(s).
TRAVEL INSURANCE, MEDICAL PROBLEMS AND SPECIAL REQUESTS
SailWeek does not sell or organise travel insurance. You must buy comprehensive travel insurance before going on holiday. Before every booking is confirmed, all our guests have to tick the insurance button and confirm they have purchased travel insurance that covers everything needed such as cancellation of the flights, trips, excursions, lost luggage, death in a family, visa problems, injuries, pregnancy, etc. You should make sure that your insurance policy also covers adventurous activities such as sailing. Please read your policy carefully to ensure it complies with this requirement and covers all of the activities that you are going to be participating in. You must be satisfied that your insurance fully covers all your personal requirements including cancellation, personal liability and loss of personal property. It is a condition of your booking that you have a suitable travel insurance policy in place. SailWeek accepts no liability to those who travel without travel insurance in breach of this clause. You also agree to indemnify us against all third-party claims, actions, damages and remedies which may be brought against us in respect of your participation in the holiday.
In the event of your withdrawal from the holiday either before or after its commencement as a result of illness, self-isolation or quarantine you must obtain a medical certificate in support of any insurance claim. No refunds will be made for any absence from the trip.
EXCURSIONS, ACTIVITIES AND WEBSITE INFORMATION
We are not able to guarantee 100% accuracy all of the time with regards to the information we provide concerning excursions and activities in the area you are visiting which do not form part of your contract with us. With regards to excursions and activities which are not part of your contract with us but which you feel are important to your holiday experience, please write to us and we will keep you informed with the latest situation, bearing in mind those services/activities are not under our control. Any information regarding excursions or activities that could be reasonably expected to affect your decision to book with us will be passed on to you when booking.
FLIGHTS, PASSPORTS AND VISAS
It is your responsibility to have valid travel documents. You must ensure that you have a valid passport and any necessary visas to enter any country you are visiting, including transit stops, prior to your departure.
Also, it is your responsibility to be updated with possible restrictions for entering Croatia, Greece, Malta and Montenegro due to the Pandemic rules at the given time.
We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
Any arrangements or compensation in the event of a delay or cancellation will be at the sole discretion of the airline you booked with or your personal travel insurer.
For full yacht/boat bookings, all the yacht specifications, product data and measurements are provided on our website. The pictures are for general information purposes only. Discrepancies can be possible between the yacht shown on the website and your allocated yacht. This content does not represent or warrant the full inventory of the yacht and is just presented for an overview list.
SAILWEEK WEBSITE PRIVACY STATEMENT
COLLECTION OF PERSONAL DATA
In order to process your booking, we collect personal details from you together with information we learn about you from your use of our website. These details may include (where applicable) passenger names, addresses, passport or Government issued EU National ID card numbers, telephone numbers, email, payment details. In some instances, we may also collect information regarding medical conditions (only for guests who have special medical requirements).
Your data may be used for the following purposes: providing products and services you request, contacting you in the event of SailWeek product details or time change, statistical and marketing analysis, systems testing, customer surveys, customer relations communications and offering you services and products we believe may interest you.
SHARING INFORMATION ABOUT YOU
We follow strict security procedures in the storage and disclosure of passenger information.
We may disclose your information to government authorities or enforcement bodies for compliance with legal requirements. Also, we pass information to charter companies and Port Authorities in order to conclude official Crew lists needed for the cruise.
MY SAILWEEK ACCOUNT
All data collected upon registration in your SailWeek account will be processed in line with this Privacy Statement. At your personal SailWeek account, we store all your information such as name, surname, email, nationality, gender, telephone numbers, emergency third party emails and mobile numbers, booking details, payment plan so that you can access it whenever you wish.
You may also store information regarding your medical conditions (only for guests who have special medical requirements) and food preferences.
You may also store details of your and (with their consent) your travel companions’ travel document. We will delete any information of a travel companion collected without the companion’s consent, as soon as we learn about it.
DIRECT MARKETING MATERIAL
From time to time we may contact you with information regarding our sailing product promotions and ancillary products via email. However, you will have the choice to opt-in or out of receiving such communications by indicating so at the booking stage. You will also be given the opportunity on every e-communication to indicate that you no longer wish to receive our or their direct marketing material.
We use tracking software to monitor customer traffic patterns and site usage to help us develop the design and layout of the websites. By visiting and using our Website, you or your computer may provide personal data.
LINKS TO THIRD-PARTY WEBSITES
ACCESS TO INFORMATION
In accordance with the Data Protection Act 1998, you have the right to access any information that we hold relating to you. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances, unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it.
We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
For any matter relating to this Policy, you can always contact us at email@example.com
We reserve the right to amend these terms and conditions without prior notice by posting the new terms and conditions on this website. Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.