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. All the holidays in this brochure are operated by Sunsail Limited (hereinafter called ‘the Company’ or ‘we’), registered office First Choice House, London Road, Crawley, West Sussex, RH10 9GX, a member of the First Choice group of companies, and are sold subject to the following conditions:
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 with payment. Once your reservation is confirmed we will 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 Confirmation Form returned within 7 working days. You should also send us the outstanding information requested on the booking confirmation form, 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, 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 over 18 and confirm that you and/or members of your crew are capable and competent to sail the yacht in the conditions and cruising area of charter.
2. YOUR HOLIDAY PRICE
The prices in this separate price list are in pounds sterling. Prices are accurate at the date of publication, but could have since changed. Prices in this price list supersede all other prices in other material printed at an earlier stage.
The price of your holiday may be subject to surcharges on the following items:
(i) transportation costs, including the costs of fuel, or (ii) dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports. In the case of any small variation, an amount equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges, will be absorbed or retained. For larger variations than this, 2% will still be absorbed for increases and the icremental amount will be passed on in an amended invoice. In either case there will be an administration charge of £1.00 per person together with an amount to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you may cancel your travel arrangements and receive a full refund of all monies paid, except for any amendment charges. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy.
Should you decide to cancel because of this, you must exercise your right to do so within 14 days from the date of issue printed on the invoice. No surcharge will be imposed within 30 days of your departure. Whether you cancel or not you will also be entitled, on the terms set out in respect of major changes in paragraph “If we change or cancel your holiday”, to accept an offer of alternative travel arrangements from us if we are able to do so and compensation set out below. 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. We have included in our prices a charge representing the extra aircraft insurance and security costs which have been imposed on airlines and tour operators. You should be aware that this charge may change between the date of publication and the time of travel. Since these costs are beyond our control, we reserve the right to increase the amount of this charge at any time. We will of course inform you of any such change should that become necessary. In view of the current volatility of world oil prices, a fuel supplement may be added to the price of your holiday at the time of booking.
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 70 days (10 weeks) before your departure date. If the balance is not paid in time, we may cancel your booking and retain your deposit. If you book through an agent, all contact with you will be via them. Any payment made by credit card will be subject to a 2% surcharge (capped at £50 per transaction). This does not apply to bookings paid by cheque or debit card.
3. IF YOU CHANGE OR CANCEL YOUR BOOKING
The effect of changing your booking will be dependent on the type of booking which you have made. There are 3 main types of booking:
• Flight inclusive, using flight/s from Sunsail’s flight allocation
• Flight inclusive using flight/s bought in specifically for you or where Sunsail does not have an allocation **
• Boat only charter or boat only flotilla **
** The flight inclusive option using flight/s bought in specifically for you and the ‘Boat Only’ option will be treated in the same way.
Cancellation Charges
* Please note that certain costs will be refunded should you cancel the entire holiday (i.e. Yacht Damage Waiver, Air Passenger Duty tax, Yacht fuel supplement, Cruising taxes) before 100% cancellation is applied.
i) Flight inclusive using Sunsail flight allocation
A £150 deposit per person will be payable at the time of booking confirmation.
• If individual(s) within a booking cancel:
if more than 14 days from the departure date, you can transfer the booking to a substitute person, providing they satisfy all the conditions applicable to the original booking. You will be charged an administration fee of £20 per person plus any costs which Sunsail incur in making these changes.
OR
the individual(s) cancelling will be liable for a cancellation charge in line with the table above and all other members of the party will be re-invoiced at the per person rate appropriate to the new party size as shown in the price list
If within 14 days of departure then this is not an option and cancellation charges would apply.
• If you wish to add to a party after the initial booking, this will only be possible if sufficient flight seats are available to do so. This should not be automatically assumed to be possible and you should ring the office to check availability. Your booking will be re-invoiced at the per person rate appropriate to the new party size as shown in the price list.
• Should you request a major alteration (such as change of date or area or number of yachts)
• more than 70 days from departure, we will do our utmost to make these changes but it may not always be possible. If we can make the changes then a £20 administration fee would apply and you will be liable for any costs incurred by Sunsail due to these changes.
• If within 70 days of departure date then this will be treated as cancellation and the holiday will have to be re-booked. In this case cancellation charges as outlined in the table above would apply.
ii) If flight inclusive with bought in flights (flights not on Sunsail’s flight allocation)
or iii) ‘Boat Only’ Option
A 25% deposit is payable of the ‘Boat Only’ price at the time of booking confirmation plus full payment to cover any flight/s bought in on your behalf.
• If individual(s) within a booking cancel:
The ‘boat only’ cost would remain the same. A £20 administration fee would apply for this cancellation per person and you will be liable for any further costs incurred by Sunsail due to these changes, plus any charges made by the airline for the cancellation for any bought in flight(s). Any balance between the total flight cost and the airlines cancellation charges would be refunded. Please be aware that in some cases airline cancellation charges may be 100% of the fare.
OR
If more than 14 days from the departure date, you can transfer the booking to a substitute person, providing they satisfy all the conditions applicable to the original booking and that the flight(s) bought in on your behalf allow this flexibility. You will be charged an administration fee of £20 per person plus any costs which Sunsail incur making these changes.
If within 14 days of departure then this is not an option and cancellation charges would apply.
• If you wish to add to a party after the initial booking, this will only be possible if flights can be sourced for you to do so. This should not be automatically assumed to be possible and you should ring the office to check availability. You will be charged for the additional flight(s) plus a £20 administration fee per person however the ‘Boat Only’ price will not be changed.
• For ‘boat only’ on Flotilla, in addition to the £20 administration fee, you will also be charged a flotilla joining fee of £30 per person to contribute towards the extras which are included in the flotilla package eg. First morning breakfast and punch party
• Should you request a major alteration (such as change of date or area or number of yachts):
• More than 70 days from departure, we will do our utmost to make these changes but it may not always be possible. If we can make the changes then a £20 administration fee would apply and you will be liable for any costs incurred by Sunsail due to these changes.
• If within 70 days of departure date then this will be treated as cancellation and the holiday will have to be re-booked. In this case cancellation charges as outlined in the table above would apply.
4. IF WE CHANGE OR CANCEL YOUR BOOKING
The arrangements for charters 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 charter 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 destination
c) a change of yacht 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 charter of equivalent or higher quality (subject to availability)
(b) Accept our offer of a replacement charter 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 charter 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 two 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:
No compensation or refunds 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 detailed in the price list 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.
5. CHARTER 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. Animals, restricted items and illegal goods will not be permitted on board. 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.
6. IF YOU HAVE A COMPLAINT
If you have a problem during your charter, 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 base staff without delay and complete a report whilst at the base.
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.
7. OUR LIABILITY TO YOU
Our liability to you for any loss or damage which you may suffer is limited to three times the price of your holiday. This excludes personal injury resulting from the non performance or improper performance of the services involved in the holiday, and is subject to the limitation of liability described below. 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 Montreal 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 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 or third parties. Sunsail 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 or its supplier and any business losses or similar to the client as a result of unforeseeable circumstances.
8. 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 may 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.
9. 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. 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 (refer to price grid for details) payable at the Sunsail base in equivalent currency, 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.
10. 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. 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. Sunsail reserve the right not to hand over the vessel if, after inspection, it is of the opinion that the charterer is not, or may not be, competent to be in charge of the vessel. 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 it’s 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 fit and have at least a basic knowledge of yachts. In certain cruising areas, the second crew member must be over 18 years of age. Night sailing (except the UK) and partaking in any third party race is not 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. Sunsail reserve the right to instruct the charterer not to take the yacht out if Sunsail consider the weather conditions to be too dangerous. The charterer must return the yacht to the home port on the date and by the time specified on the booking form but agree not to take the yacht out in bad weather even if this may lead to the yacht not being returned by the agreed date. If it becomes apparent that the charterer is unable to return the yacht on the specified date then they should advise Sunsail accordingly but will still be subject to an additional charter fee for each day or part of day that the yacht is overdue. Upon return of the yacht the charterer shall hand the yacht over to an authorised member of Sunsail staff but Sunsail cannot accept that the vessel is free from defects that may not be immediately apparent. Any damage, incident or defect must be reported to Sunsail’s authorised staff. In the event of any disagreement over damage or loss, the matter will be referred to a senior member of Sunsail staff. The charterer agrees not to carry crew other than those specified on the crew list, which must be submitted prior to the start of the charter.
11. WHAT IF MY YACHT IS NOT AVAILABLE?
Should your yacht not be available when you arrive through no fault of Sunsail (e.g. having been damaged by a previous client) Sunsail may substitute another yacht if necessary of a different type and in a different 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 Four Hour Guarantee”.
13. 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 which 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.
14. PHOTOGRAPHY
An essential part of the success of our brochures is using photography that gives clients a true idea of the product, rather than using models. Photographers are occasionally in our cruising areas. 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.
15. BROCHURE ACCURACY
The brochure is prepared from information gathered prior to publication. Every care is taken to ensure that this information is still correct at the time of going to press (August 2007) but it has to be remembered that facilities may be withdrawn from Sunsail and holiday particulars altered as a result. These circumstances are regrettably beyond our control and we are unable to accept liability. Our Yachts Reservations Team 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 Yachts Reservations Team are often asked for information not contained in the brochure. However, whilst every effort is made to ensure that all information given is correct, Sunsail 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 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 charter, you will be entitled to exercise the options outlined in the section headed “If we Change or Cancel your Charter”.
16. DATA PROTECTION
To ensure that your charter 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 charter 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.
NOTICE OF LIABILITY LIMITATIONS
Air carrier liability for passengers and their baggage regulation (EC) no.889/2002 Notice (Sterling) : This is a notice required by European Community Regulation (EC) No. 889/2002. This notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of the Montreal Convention or the Regulation. It does not form part of the contract between the carrier(s) and you and no representation is made as to the accuracy of the contents of this.
Compensation in the case of death or 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.
EU Airline Blacklist. In accordance with EU directive (EC) no. 2111/2005, Article 9, we are required to bring to your attention the existence of a ‘Community list’ which contains details of air carriers that are subject to an operating ban within the EU Community. The Community list is available for inspection at http://air-ban.europa.eu/
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 with payment. Once your reservation is confirmed we will 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 Confirmation Form returned within 7 working days. You should also send us the outstanding information requested on the booking confirmation form, 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, 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 over 18 and confirm that you and/or members of your crew are capable and competent to sail the yacht in the conditions and cruising area of charter.
2. YOUR HOLIDAY PRICE
The prices in this separate price list are in pounds sterling. Prices are accurate at the date of publication, but could have since changed. Prices in this price list supersede all other prices in other material printed at an earlier stage.
The price of your holiday may be subject to surcharges on the following items:
(i) transportation costs, including the costs of fuel, or (ii) dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports. In the case of any small variation, an amount equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges, will be absorbed or retained. For larger variations than this, 2% will still be absorbed for increases and the icremental amount will be passed on in an amended invoice. In either case there will be an administration charge of £1.00 per person together with an amount to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you may cancel your travel arrangements and receive a full refund of all monies paid, except for any amendment charges. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy.
Should you decide to cancel because of this, you must exercise your right to do so within 14 days from the date of issue printed on the invoice. No surcharge will be imposed within 30 days of your departure. Whether you cancel or not you will also be entitled, on the terms set out in respect of major changes in paragraph “If we change or cancel your holiday”, to accept an offer of alternative travel arrangements from us if we are able to do so and compensation set out below. 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. We have included in our prices a charge representing the extra aircraft insurance and security costs which have been imposed on airlines and tour operators. You should be aware that this charge may change between the date of publication and the time of travel. Since these costs are beyond our control, we reserve the right to increase the amount of this charge at any time. We will of course inform you of any such change should that become necessary. In view of the current volatility of world oil prices, a fuel supplement may be added to the price of your holiday at the time of booking.
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 70 days (10 weeks) before your departure date. If the balance is not paid in time, we may cancel your booking and retain your deposit. If you book through an agent, all contact with you will be via them. Any payment made by credit card will be subject to a 2% surcharge (capped at £50 per transaction). This does not apply to bookings paid by cheque or debit card.
3. IF YOU CHANGE OR CANCEL YOUR BOOKING
The effect of changing your booking will be dependent on the type of booking which you have made. There are 3 main types of booking:
• Flight inclusive, using flight/s from Sunsail’s flight allocation
• Flight inclusive using flight/s bought in specifically for you or where Sunsail does not have an allocation **
• Boat only charter or boat only flotilla **
** The flight inclusive option using flight/s bought in specifically for you and the ‘Boat Only’ option will be treated in the same way.
Cancellation Charges
Period before departure within which notice of cancellation or major changes is received by us. | Cancellation charges for all destinations | Major alteration |
| + 70 days | Deposit only | Maybe possible £20 admin charge |
| 43 - 70 days | 50% of total holiday cost | 50% of total holiday cost |
| 15 - 42 days | 70% of total holiday cost | 70% of total holiday cost |
| 14 days and under | 100% of total holiday cost* | 100% of total holiday cost* |
* Please note that certain costs will be refunded should you cancel the entire holiday (i.e. Yacht Damage Waiver, Air Passenger Duty tax, Yacht fuel supplement, Cruising taxes) before 100% cancellation is applied.
i) Flight inclusive using Sunsail flight allocation
A £150 deposit per person will be payable at the time of booking confirmation.
• If individual(s) within a booking cancel:
if more than 14 days from the departure date, you can transfer the booking to a substitute person, providing they satisfy all the conditions applicable to the original booking. You will be charged an administration fee of £20 per person plus any costs which Sunsail incur in making these changes.
OR
the individual(s) cancelling will be liable for a cancellation charge in line with the table above and all other members of the party will be re-invoiced at the per person rate appropriate to the new party size as shown in the price list
If within 14 days of departure then this is not an option and cancellation charges would apply.
• If you wish to add to a party after the initial booking, this will only be possible if sufficient flight seats are available to do so. This should not be automatically assumed to be possible and you should ring the office to check availability. Your booking will be re-invoiced at the per person rate appropriate to the new party size as shown in the price list.
• Should you request a major alteration (such as change of date or area or number of yachts)
• more than 70 days from departure, we will do our utmost to make these changes but it may not always be possible. If we can make the changes then a £20 administration fee would apply and you will be liable for any costs incurred by Sunsail due to these changes.
• If within 70 days of departure date then this will be treated as cancellation and the holiday will have to be re-booked. In this case cancellation charges as outlined in the table above would apply.
ii) If flight inclusive with bought in flights (flights not on Sunsail’s flight allocation)
or iii) ‘Boat Only’ Option
A 25% deposit is payable of the ‘Boat Only’ price at the time of booking confirmation plus full payment to cover any flight/s bought in on your behalf.
• If individual(s) within a booking cancel:
The ‘boat only’ cost would remain the same. A £20 administration fee would apply for this cancellation per person and you will be liable for any further costs incurred by Sunsail due to these changes, plus any charges made by the airline for the cancellation for any bought in flight(s). Any balance between the total flight cost and the airlines cancellation charges would be refunded. Please be aware that in some cases airline cancellation charges may be 100% of the fare.
OR
If more than 14 days from the departure date, you can transfer the booking to a substitute person, providing they satisfy all the conditions applicable to the original booking and that the flight(s) bought in on your behalf allow this flexibility. You will be charged an administration fee of £20 per person plus any costs which Sunsail incur making these changes.
If within 14 days of departure then this is not an option and cancellation charges would apply.
• If you wish to add to a party after the initial booking, this will only be possible if flights can be sourced for you to do so. This should not be automatically assumed to be possible and you should ring the office to check availability. You will be charged for the additional flight(s) plus a £20 administration fee per person however the ‘Boat Only’ price will not be changed.
• For ‘boat only’ on Flotilla, in addition to the £20 administration fee, you will also be charged a flotilla joining fee of £30 per person to contribute towards the extras which are included in the flotilla package eg. First morning breakfast and punch party
• Should you request a major alteration (such as change of date or area or number of yachts):
• More than 70 days from departure, we will do our utmost to make these changes but it may not always be possible. If we can make the changes then a £20 administration fee would apply and you will be liable for any costs incurred by Sunsail due to these changes.
• If within 70 days of departure date then this will be treated as cancellation and the holiday will have to be re-booked. In this case cancellation charges as outlined in the table above would apply.
4. IF WE CHANGE OR CANCEL YOUR BOOKING
The arrangements for charters 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 charter 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 destination
c) a change of yacht 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 charter of equivalent or higher quality (subject to availability)
(b) Accept our offer of a replacement charter 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 charter 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 two 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 |
| 43 -70 days | £10 |
| 15 - 42 days | £20 |
| 14 days and under | £40 |
No compensation or refunds 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 detailed in the price list 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.
5. CHARTER 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. Animals, restricted items and illegal goods will not be permitted on board. 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.
6. IF YOU HAVE A COMPLAINT
If you have a problem during your charter, 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 base staff without delay and complete a report whilst at the base.
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.
7. OUR LIABILITY TO YOU
Our liability to you for any loss or damage which you may suffer is limited to three times the price of your holiday. This excludes personal injury resulting from the non performance or improper performance of the services involved in the holiday, and is subject to the limitation of liability described below. 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 Montreal 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 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 or third parties. Sunsail 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 or its supplier and any business losses or similar to the client as a result of unforeseeable circumstances.
8. 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 may 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.
9. 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. 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 (refer to price grid for details) payable at the Sunsail base in equivalent currency, 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.
10. 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. 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. Sunsail reserve the right not to hand over the vessel if, after inspection, it is of the opinion that the charterer is not, or may not be, competent to be in charge of the vessel. 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 it’s 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 fit and have at least a basic knowledge of yachts. In certain cruising areas, the second crew member must be over 18 years of age. Night sailing (except the UK) and partaking in any third party race is not 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. Sunsail reserve the right to instruct the charterer not to take the yacht out if Sunsail consider the weather conditions to be too dangerous. The charterer must return the yacht to the home port on the date and by the time specified on the booking form but agree not to take the yacht out in bad weather even if this may lead to the yacht not being returned by the agreed date. If it becomes apparent that the charterer is unable to return the yacht on the specified date then they should advise Sunsail accordingly but will still be subject to an additional charter fee for each day or part of day that the yacht is overdue. Upon return of the yacht the charterer shall hand the yacht over to an authorised member of Sunsail staff but Sunsail cannot accept that the vessel is free from defects that may not be immediately apparent. Any damage, incident or defect must be reported to Sunsail’s authorised staff. In the event of any disagreement over damage or loss, the matter will be referred to a senior member of Sunsail staff. The charterer agrees not to carry crew other than those specified on the crew list, which must be submitted prior to the start of the charter.
11. WHAT IF MY YACHT IS NOT AVAILABLE?
Should your yacht not be available when you arrive through no fault of Sunsail (e.g. having been damaged by a previous client) Sunsail may substitute another yacht if necessary of a different type and in a different 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 Four Hour Guarantee”.
13. 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 which 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.
14. PHOTOGRAPHY
An essential part of the success of our brochures is using photography that gives clients a true idea of the product, rather than using models. Photographers are occasionally in our cruising areas. 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.
15. BROCHURE ACCURACY
The brochure is prepared from information gathered prior to publication. Every care is taken to ensure that this information is still correct at the time of going to press (August 2007) but it has to be remembered that facilities may be withdrawn from Sunsail and holiday particulars altered as a result. These circumstances are regrettably beyond our control and we are unable to accept liability. Our Yachts Reservations Team 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 Yachts Reservations Team are often asked for information not contained in the brochure. However, whilst every effort is made to ensure that all information given is correct, Sunsail 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 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 charter, you will be entitled to exercise the options outlined in the section headed “If we Change or Cancel your Charter”.
16. DATA PROTECTION
To ensure that your charter 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 charter 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.
NOTICE OF LIABILITY LIMITATIONS
Air carrier liability for passengers and their baggage regulation (EC) no.889/2002 Notice (Sterling) : This is a notice required by European Community Regulation (EC) No. 889/2002. This notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of the Montreal Convention or the Regulation. It does not form part of the contract between the carrier(s) and you and no representation is made as to the accuracy of the contents of this.
Compensation in the case of death or 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.
EU Airline Blacklist. In accordance with EU directive (EC) no. 2111/2005, Article 9, we are required to bring to your attention the existence of a ‘Community list’ which contains details of air carriers that are subject to an operating ban within the EU Community. The Community list is available for inspection at http://air-ban.europa.eu/
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Sunsail Limited – The Port House, Port Solent, Portsmouth, Hampshire, PO6 4TH
Registered in England: 1239190 – VAT No: GB 544 0306 78
Registered Office: TUI Travel House, Crawley Business Quarter, Fleming Way, Crawley, West Sussex RH10 9QL
Media | Work with Sunsail | Legal
Sunsail Limited – The Port House, Port Solent, Portsmouth, Hampshire, PO6 4TH
Registered in England: 1239190 – VAT No: GB 544 0306 78
Registered Office: TUI Travel House, Crawley Business Quarter, Fleming Way, Crawley, West Sussex RH10 9QL
The air holidays and flights shown are ATOL Protected by the Civil Aviation Authority. Our ATOL number is 987. The price of your holiday includes the amount of £1 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA.
ATOL protection does not apply to all holiday and travel services shown.
Please ask us to confirm what protection may apply to your booking.
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