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Sunsail Clubs Booking Conditions

These Booking Conditions apply to any booking that you make with us and should therefore be read carefully. They contain some exclusions and limitations of liability. If any part of these Booking Conditions is found to be invalid or unenforceable, then the remainder of these Booking Conditions will not be affected and will remain valid and enforceable.

1. YOUR CONTRACT
Your contract is with Sunsail Ltd, The Port House, Port Solent, Portsmouth PO6 4TH. When making your booking you guarantee that you have the authority to do so and accept on behalf of your party the terms of these booking conditions. A contract exists when you or your travel agent confirm your holiday booking. If we accept it we will reserve your holiday and send you a Booking Confirmation form. You should check the details of your confirmation carefully to ensure that it accurately reflects the booking you have requested and immediately inform us of any discrepancies.

If the departure date of the holiday is less than 14 days from the date of issue of the Booking Confirmation Form this should be done within 24 hrs of that date. Otherwise we would expect a response and the Booking Confirmation Form returned within 7 working days.

You should also send us the requested outstanding INFORMATION, either by returning the completed Form or online as described on the Form. This INFORMATION forms part of the contract between us. This contract will be governed by English law and dealt with by English courts. If however, if you booked your holiday in Scotland or Northern Ireland any disputes may be dealt with in the local courts in Scotland or Northern Ireland and will be subject to the law of those countries. By accepting this Contract you, the lead name, must be aged over 18 years and confirm that you and/or members of your crew are capable and competent to sail the yacht (if Club Flotilla or Flotilla) in the conditions and cruising area of charter.

2. YOUR HOLIDAY PRICE
The prices in this brochure are in pounds sterling. Prices are accurate at the date of publication, but could have since changed. Prices in this brochure supersede all other prices in other material printed at an earlier stage. Once you have made your booking and paid a deposit of £150 per person, the cost of your holiday will not normally be subject to any change. This does not apply to invoice errors or omissions. Once a booking has been made, offers and discounts cannot be applied retrospectively. The balance of the price of your holiday must be paid at least 10 weeks before your departure date. If the balance is not paid in time, we may cancel your travel arrangements and retain your deposit. If you book through a travel agent, all contact with you will be via them.

3. IF YOU CHANGE YOUR BOOKING
If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, we will do our utmost to make these changes, but it may not always be possible. If you or any member of your party is unable to proceed with the holiday, you can transfer the booking to a substitute person, providing they satisfy all the conditions applicable to the original booking and your request is received by us at least 14 days prior to departure. Any request for changes to be made must be in writing signed by the Lead Name or your travel agent. You will be asked to pay an administration charge of £20 per person and any further cost we incur in making this alteration. Please check whether your holiday insurance will cover any changes or increased costs resulting from a change.

Should you request a major alteration within 10 weeks of departure date (such as a change of date or area) then this will be treated as a cancellation and re-booking. Clients wishing to add to a party after the initial booking will only be able to do so if sufficient flight seats are available. This should not be automatically assumed to be possible and you should ring the office to check first. The price of your holiday may increase or decrease to reflect the changes requested by you. For example, increasing the length of your holiday may mean that aircraft seats go empty and we may have to buy extra seats. We are not able to reserve flight seats without payment of deposit.

NB: Certain travel arrangements (e.g. Apex tickets) cannot be changed after a reservation has been made and any alteration will incur a 100% cancellation charge. Changes from a brochured holiday booking to late availability or other special offer holidays will not be permitted. Requests for changes to your booking should be sent to your travel agent, or if you booked directly with us, to our After Sales Department.

4. IF YOU CANCEL YOUR HOLIDAY
You or any member of your party may cancel your travel arrangements at any time. Written notification from the Lead Name or your travel agent on your behalf must be received by our After Sales Team. Cancellation will be effective on the date which it is received by Sunsail together with any travel documents already issued to you.

Note: If the reasons for your cancellation are covered under the terms of your insurance policy, you may be able to reclaim these charges.

Whole party cancellations accrue the following charges:
 

All destinations	Cancellation fees	Amendment fees
+ 70 days	Deposit ONLY	£20 Admin charge
43 - 70 days	50% of total holiday cost
15 - 42 days	70% of total holiday cost
14 days and under	100% of total holiday cost

PART PARTY CANCELLATIONS
If you cancel 43 days or more before departure then the remaining two or more members of your party are re- invoiced at the per person rate appropriate to their new party size and the cancelling members are charged the appropriate cancellation fee according to our scale of charges above. If you cancel less than 43 days before departure then charges for those cancelling are based on the percentages in the table above and are levied on the holiday price and any extras cancelled. The per person rate is not adjusted for the remaining party members.

5. IF WE CHANGE OR CANCEL YOUR HOLIDAY
The arrangements for holidays in this brochure are made many months in advance and it is sometimes inevitable that changes or cancellations may need to be made. We reserve the right to make such changes should they become necessary.

Most of these changes will be minor and we will advise you or your travel agent of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. For example, for some holidays in this brochure a minimum number of people need to book to enable the holiday to take place. We shall assess whether the minimum number has been achieved and inform you as soon as possible.
Occasionally we may need to make a major change, which includes, but is not limited to the following:

(a) a change of your Uk departure airport
(b) a significant change of resort
(c) a change of accommodation to a significantly lower standard
(d) an alteration to your schedule time of departure or return by more than 12 hours; and
(e) a change from a day to a night flight where the departure time changes by more than 4 hours

If we are unable to provide the booked travel arrangements and have had to cancel them before the holiday is due to start, you can either:

(a) Accept our offer of a replacement holiday of equivalent or higher quality (subject to availability)
(b) Accept our offer of a replacement holiday of lower quality (subject to availability) and we will refund the difference in cost
(c) Accept a full refund of the money you have paid

If you accept a Major Change, or if we have to cancel your holiday then in addition to any refund, we will pay you as a minimum compensation in accordance with the amounts noted below. For children in respect of whom reduced rates have been charged, credit/compensation will be paid on a pro-rata basis of the adult rate. Children under 2 are not entitled to any compensation. In all cases, except where the major change arises due to reasons of Force Majeure, we will pay compensation as detailed below:

Period before departure within which a major change is notified to you or your travel agent.	Compensation per person
More than 70 days	Nil
70 - 43 days	£10
42 - 15 days	£20
14 days and under	£40

No compensation will be paid where the change or cancellation is due to Force Majeure, or because the number of persons who have booked is less than that required for the package.

Force Majeure means unforeseeable and unusual circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised. Such circumstances or events include (but are not limited to) war or threat of war, riot, civil strife, industrial dispute, unavoidable technical problems with transport, closure or congestion of airports, terrorist activity, natural or nuclear disaster, fire and adverse weather conditions. Carriers such as airlines used in this brochure may be subject to change. Such a change is deemed to be a minor change. Other examples of minor changes include: alteration of your outbound/inbound flights by less than 12 hours, changes to aircraft type, change of yacht to one of a similar size (within 2ft) and number of cabins, change of route within a cruising area.

If after you have travelled we have to make changes to your holiday and such changes prove to be significant, we will make suitable alternative arrangements and compensate you if appropriate. If it is impossible to make suitable alternative arrangements or these are not accepted by you for good reason we will return you to your point of departure and if appropriate compensate you.

6. HOLIDAY TERMINATION AND INDEMNITY
You must accept responsibility for the proper conduct of yourself and any members of your party. Sunsail cannot be held responsible for under age consumption of alcohol. We reserve the right in our absolute discretion to terminate without further notice the holiday arrangements of any client who refuses to comply with the reasonable instructions or orders of the company staff, agent or other responsible person whose behaviour in their opinion is likely to cause distress, damage, danger or annoyance to other customers, staff, any third party or to property. Upon such termination our responsibility for your holiday ceases and we shall not be liable for any extra costs incurred by you.

Disruptive passengers: The captain has authority over the aircraft and passengers at all times when they are boarding or on board. He/she may prevent you from travelling if you are considered to be unfit to do so, or if you pose a danger to the aircraft or passengers. The captain will exercise this right if, for example, you are found to be drunk before or after boarding, if you smoke on board or use threatening, abusive or insulting words or behaviour. In those circumstances, we, or the airline may, at our reasonable discretion, terminate your holiday, and we will not be responsible for completing your holiday arrangements. Nor will Sunsail or the airline be liable for any refund, compensations or any other costs you have to pay.

7. IF YOU HAVE A COMPLAINT
If you have a problem during your holiday, please inform a relevant member of Sunsail staff immediately, who will endeavour to put things right. If your complaint is not resolved locally, please follow this up within 35 days of your return home by writing to our Customer Relations Department, giving your booking reference. It is strongly suggested that you communicate any problem to our Club, base or flotilla staff without delay and complete a report whilst in the resort. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were on holiday and this will reduce your rights to compensation.

8. OUR LIABILITY TO YOU
Subject to the limitation of liability set out in the following paragraph, our liability to you for any loss or damage which you may suffer (other than personal injury resulting from the non-performance or improper performance of the services involved in the holiday) is limited to three times the price of your holiday. Carriers (the providers of transport) have their own conditions of carriage which form part of your contract with us and these conditions of carriage, together with the provisions of certain international conventions, generally limit the liability of carriers. Copies of the conditions of carriage and the international conventions referred to are available on
request from Sunsail or your travel agent.

We accept responsibility for any death, bodily injury or illness caused to you as a result of the proven negligent acts and/or omissions of our employees, agents, suppliers and sub-contractors and their servants and/or agents while acting within the scope of, or in the course of, their employment. We also accept responsibility for any damage caused to you as a result of any failure to perform, or improper performance of the services we have agreed to provide to you, except where such failure or improper performance is not our fault or that of our suppliers because:

(a) such failure is attributable to you or a member of your party
(b) such failure is attributable to a third party unconnected with the provision of the services to be provided
to you and is unforeseeable or unavoidable
(c) such failure is due to Force Majeure (see the Definitions section in paragraph 5.)
(d) or an event which could not be foreseen or prevented even with all due care.

In respect of transport by aircraft, ship, train or coach or as a result of the use or operation of any pleasure craft, the amount of compensation we will pay is limited in line with the Warsaw Convention (transport by air), the Athens Convention (transport by ship), the Berne Convention (transport by rail), the Geneva Convention (transport by road), the London Convention (applies to the use or operation of pleasure craft) and any other Conventions that might be applicable from time to time.

Sunsail Clubs accepts no responsibility for the acts or omissions of its clients whether negligent or otherwise and shall not be held liable for any claims made against them (or as a result of their actions) either by other clients of Sunsail Clubs or third parties. Sunsail Clubs does not accept liability for losses that were actually unforeseeable to those involved at the time of booking, losses that were not caused by any breach on the part of Sunsail Clubs or its supplier and any business losses or similar to the client as a result of unforeseeable circumstances.

9. PERSONAL INJURY UNCONNECTED WITH YOUR BOOKED TRAVEL ARRANGEMENTS
If you, or any member of your party, suffer death, illness or injury whilst overseas arising out of an activity which does not form part of your package travel arrangements or an excursion arranged through us, we shall at our discretion, offer advice, guidance and assistance. Where legal action is contemplated and you want our assistance, you must obtain our written consent prior to commencement of proceedings. Our consent will be given subject to you undertaking to assign any costs and benefits received under any relevant insurance policy to ourselves. We limit the cost of our assistance to you or any member of your party to £5,000.

If your claim is successful then you must repay the amount of any financial assistance we have given you as soon as you recover it.

10. EQUIPMENT AND YACHT INSURANCE COVER
Our equipment and yachts are comprehensively insured. Our policy provides full cover for the equipment and yachts and no less than $10m US third party cover for your skipper and crew. (except for Colonna watersports dinghies and equipment which is US$1.5m) Sunsail cannot be held responsible for any loss which you may suffer as a result of the insurers failing to indemnify any risk through you providing incorrect information of previous sailing experience when requested. A refundable security deposit of £300, payable at the Sunsail base by credit or debit card, will be required to cover the excess for any damage incurred to the yacht or damage to or loss of ancillary equipment such as dinghy tender, outboard engine, windsurfer, ocean kayak, cruising chute and GPS. However, should damage or loss to yachts and equipment be caused as a result of not obeying Sunsail instructions, then he or she will be liable for the full amount of repair or replacement and any resulting costs. Adults will at all times be responsible for minors in their charge.

11. SAFETY
As with other activity based holidays, watersports activities contain an element of risk. It should be understood that participation in these activities is your decision and at your risk. The skipper of a yacht has primary responsibility for the safety of the crew and craft at all times. Neither night sailing outside the designated cruising area nor partaking in any third party race is permitted without written approval from Sunsail. In the interests of safety, Sunsail’s staff may order a change to your itinerary, decide whether or not conditions are safe to use a craft or make a passage and whether this should be under power or sail. Club Flotilla, Bareboat and Day Yacht clients – by accepting this contract you, the Lead Name is confirming that you and/or members of your crew are capable and competent to sail the yacht in the conditions and cruising area of charter.

The Skipper is responsible for assuring that he/she and the crew are competent to undertake the planned itinerary. The Skipper must take note of safety INFORMATION contained in any written material or delivered to the yacht and in chart briefings and is responsible for briefing the crew on this, the yacht and its systems. The Skipper is responsible for checking the inventory and yacht systems before the yacht makes passage. Yachts may not be sailed single handed and the second crew member should be at least 18 years old, fit and have at least a basic knowledge of yachts.

12. WHAT IF MY ROOM OR YACHT IS NOT AVAILABLE?
Should your room or yacht not be available when you arrive through no fault of Sunsail Clubs (e. g. having been damaged by a previous client) Sunsail Clubs may substitute another room or yacht if necessary of a different type and in a different hotel or area but of similar or larger dimensions and facilities. If a yacht is not available then accommodation will be provided for you free of charge in a hotel of Sunsail’s choice while repairs are carried out or an alternative yacht is provided. Should this happen you will be compensated under the Sunsail Flotillas 4 Hour Guarantee.

13. CHILDREN
Children will only be accepted into children’s clubs or flotilla activities if they are healthy. We reserve the right to exclude a child if he or she is unwell. Children with special needs must be notified to our Reservations Department at the time of booking. Failure to do so may result in the child being unable to take part or be accommodated in the children’s club. At kids Free Clubs, Club owners’ children may occasionally be on site. Children not booked in to Sunsail Clubs kids’ Clubs when operating or left in their rooms during the evening without supervision are left so entirely at the total responsibility of their parents/guardians.

14. CONDITIONS OF CARRIAGE
The contractual terms of the companies that provide the transportation for your travel arrangements will apply to the contract. These may contain terms that affect your rights to compensation.

You must comply with the conditions of carriage applied by land, sea and air carriers. The provisions of the Warsaw Convention 1929 (as amended) concerning the carriage of passengers and their luggage by air, and the airlines’ conditions of carriage, may apply to you and your party during your flight, and during boarding and disembarkation. These provisions and conditions may limit or exclude liability for death or personal injury, or loss of or damage to luggage, and may make special provisions for valuables. We will supply a copy of the conditions of carriage applicable to your holiday, and of the Warsaw Convention, if you request them. The Athens Convention, and the carriers’ conditions of carriage, may limit or exclude liability for death or personal injury, or loss of or damage to luggage, and make special provisions for valuables. A copy of the conditions of carriage applicable to your holiday, and the Athens Convention referred to above, can be supplied on request.

Air carrier liability for passengers and their baggage regulation (EC) no.889/2002 Notice (Sterling) This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention. Compensation in the case of death of injury There are no financial limits to the liability for passenger injury or death. For damages up to 100000 SDRs (approximately £80,000) the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault. Advance payments If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16000 SDRs (approximately £13,000). Passenger delays In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4150 SDRs (approximately £3,300). Baggage delays In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1000 SDRs (approximately £800). Destruction, loss or damage to baggage The air carrier is liable for destruction, loss or damage to baggage up to 1000 SDRs (approximately £800). In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault. Higher limits for baggage A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee. Complaints on baggage If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger’s disposal. Liability of contracting and actual carriers If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier. Time limit for action Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived. Basis for the information The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No 2027/97 (as amended by Regulation (EC) No 889/2002) and national legislation of the Member States.

15. PHOTOGRAPHY
An essential part of the success of our brochures is using photography that gives clients a true idea of the product, and during the course of the season we occasionally have photographers at our Clubs, in which case you will be advised on your arrival at the Club. If you have any concerns, please notify your Club Manager on your arrival at the Club. If you have any strong objections to close up photography of yourself and your party, please indicate your feelings to the photographer at the time.

16. WEBSITE ACCURACY
The website is prepared from information gathered prior to publication. Every care is taken to ensure that this information is still correct at the time of publication but it has to be remembered that facilities may be withdrawn from Sunsail Clubs and holiday particulars altered as a result. These circumstances are regrettably beyond our control and we are unable to accept liability. Our sales staff are instructed to advise enquirers of amendments which the company regard as significant. Sunsail shall be entitled to make any modifications it feels appropriate to the routes, yachts and the equipment provided at any time, without prior notice.

Our sales staff are often asked for information not contained on the website. However, whilst every effort is made to ensure that all information given is correct, Sunsail Clubs cannot however be held responsible if this should prove inaccurate, unless requested and answered in writing.

Building work: From time to time, expansion, redevelopment, building work and associated noise is unavoidable at our Clubs and bases. Wherever possible we will notify you in advance and if we consider the work will have a significant effect on the enjoyment of your holiday, you will be entitled to exercise the options outlined in the section headed ‘’If we Change or Cancel your Holiday’’.

17. ONLINE BOOKINGS
The online booking system is provided as an automated service. The system will compute prices based on the choices you have made and using the data entered by our staff. Unfortunately errors may occur. To ensure this system provides a high level of service and bookings are accurately completed, our sales team will check all bookings made online and ensure that the correct elements are booked and added to the quotation correctly. Our staff will correct any booking and quotation errors and communicate these changes to you.

18. DATA PROTECTION
To ensure that your holiday runs smoothly, we need to use information such as your name and address, special needs, dietary requirements, etc. we will apply appropriate security measures to protect this data. However, we must pass it to suppliers of your travel arrangements, including airlines, hotels and transport companies. We may also supply it to security or credit checking companies, and to public authorities such as customs and immigration.

If your holiday is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strict as in the Uk. We will only pass data, including sensitive information regarding disabilities or dietary and religious requirements, to people responsible for your holiday arrangements. If we cannot pass this information to the relevant suppliers, in the EEA or elsewhere, we cannot provide your booking. When you make this booking, you consent to this information being passed to the relevant people. We can supply a copy of your information held by us; there is a small charge for providing this.

We may wish to contact you to get your feedback or to provide details of other products and offers from Sunsail and our sister companies. If you would prefer not to be contacted, please write to Sunsail Database, The Port House, Port Solent, Portsmouth PO6 4TH.