Your Financial Protection
The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked from us and for your repatriation in the event of our insolvency.
We will provide you with financial protection for any ATOL protected air package or flight that you buy from us by way of our Air Travel Organiser’s Licence number 987, administered by the Civil Aviation Authority (‘CAA’). When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
When you buy an ATOL protected flight or flight inclusive holiday, all money accepted from you by a travel agent acting as our agent is held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent’s obligation to pay it to us for so long as we do not fail. If we do fail, any money held at that time by the agent, or subsequently accepted from you by the agent, is and continues to be held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.
When you buy arrangements other than an ATOL protected flight or flight inclusive holiday, all money accepted from you by a travel agent acting as our agent is held by that agent on our behalf at all times.
We will provide you with financial protection for any package holidays you buy from us that do not include travel by air by way of a bond held by ABTA. For further information, visit the ABTA website at www.abta.com.
If you book arrangements other than an ATOL protected flight or a package holiday, the financial protection referred to above does not apply.
We are a Member of ABTA, membership number Y0732. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct.
1. Your contract
Our contract with you is made on payment of deposit. You should check the details of your confirmation carefully to ensure that it accurately reflects the accommodation, flights and additional pre-bookable services you have requested and immediately inform us of any discrepancies.
You should also, where requested send us any outstanding information that we may require. This information will form part of the contract between us.
If you booked your holiday in any jurisdiction other than in Scotland or Northern Ireland, this contract will be governed by English law and the courts of England and Wales shall have exclusive jurisdiction over any claim arising out of it. If you booked your holiday in Scotland, this contract will be governed by Scottish law and the courts of Scotland shall have exclusive jurisdiction over any claim arising out of it. If you booked your holiday in Northern Ireland, this contract will be governed by Northern Irish law and the courts of Northern Ireland shall have exclusive jurisdiction over any claim arising out of it.
By accepting this Contract you, the lead name, must be aged over 18 years and confirm that you and/or members of your party are fully able to participate in the holiday booked.
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, a deposit of £195 per person is required. 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.
Please note that all payments made on a credit card (whether deposits, part payments or final balances) will be subject to a credit card fee of 2% (inc. VAT).
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 will be via them. The price of your holiday may be subject to surcharges on the following items:
(a) Credit card surcharges 2% (inc VAT)
(b) Transportation costs, including the costs of fuel, or 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 but not retained from refunds. 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 advising you of the surcharge. 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. 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.
We may be able to advance register your holiday request before the release of airline schedules and relevant yacht fleet. Requests that are made more than 11 months in advance are subject to flight availability and prices. When you make a request you will be asked to pay a holding fee, however, neither party is legally bound to a contract until the booking and prices are confirmed and either party can withdraw without penalty up until the booking is confirmed. Once the fleet, airline schedule and or committed flight program is confirmed you will be given a priority option to book and advised accordingly of the yacht, airline, flight times and day of departure. If you confirm the booking, the holding fee will be transferred to a deposit. Should the final program not be suitable you can withdraw with a refund of the holding fee or you can move the holding fee to a deposit on an alternative holiday with Sunsail with no amendment fee charged. An invoice will be issued once flights and or yacht has been confirmed.
Advanced Passenger Information
It is a condition of your booking that you and all members of your party provide certain information that may be sent to governmental authorities and border control and security agencies for the purpose of security and counter terrorism. This is known as Advanced Passenger Information, sometimes known as APIS. For the United Kingdom, it may be referred to as ‘E-Borders’. The information you must provide will include, but not be limited to, full name – as shown in your passport or travel document, gender, date of birth, travel document type, number, country of issue and expiry date, and for travel to the U.S., your country of residence and the address for your first night’s stay. You must provide this information to the airline between 6 months and 24 hours before departure. For Thomson Airways flights you can do this by accessing http://eapi.thomson.co.uk or by calling 0844 871 1597. You will need your booking reference number, lead name’s surname and date of departure to access the website.
This is a late holiday booked within 10 weeks of departure. Prices are set according to demand and may differ from any published price you may have seen. To guarantee the price advertised that day you must pay in full and provide all names and airline advanced passenger information as required at time of booking. We cannot accept a Late Booking without
A late booking fee will be charged for all bookings made within 14 days of departure to cover administrative costs that are occurred for ticketing. A late booking fee is £15 per person.
3. If you change your booking
If, after you have booked, 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. If your change request is submitted more then 10 weeks before departure, you will be asked to pay an amendment fee of £35 per person and any further costs we incur in making this alteration. Please check whether your holiday insurance will cover any changes or increased costs resulting from a change.
Please note that some airlines treat changes as cancellations and you will responsible for any additional costs in respect of airline tickets.
Should you request an amendment within 10 weeks of departure date then this will be treated as a cancellation and re-booking and will be subject to the charges as stated in paragraph ‘If you cancel your holiday’. The price of your holiday may increase or decrease to reflect the changes requested by you.
4. If you cancel your holiday
You 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 the Aftersales Department and it will be effective on the date which it is received.
NOTE: If the reasons for your cancellation are covered
under the terms of your insurance policy, you may be
able to reclaim these charges. Cancellations & booking amendments accrue the following charges:
£35 per person
50% of holiday cost
70% of holiday cost
14 days or less/2 weeks or less
100%of holiday cost
Part Party Cancellations
If people drop out of your party, we will recalculate the cost of the holiday for the remaining travellers. 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.
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. 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 accommodation/boat to a significantly lower standard.
(d) An alteration to your scheduled time of departure or return by more than 12 hours.
(e) A change from a day to a night flight where the departure time changes by more than four hours.
If we are unable to provide the booked travel arrangements and have cancelled them before the holiday is due to start, you can either:
(a) Accept our offer of a replacement holiday of equivalent or higher value (subject to availability).
(b) Accept our offer of a replacement holiday of lower value (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 a minimum compensation in accordance with the amounts noted in this section. 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.
No compensation will be paid where the change or cancellation is due to Force Majeure, because the number of persons who have booked is less than that required for the package or because the outstanding balance has not been paid by the due date. In all other cases we will pay compensation as detailed below:
Period before departure within which a major change is notified to you or your travel agent
>70 days/>10 weeks
43–70 days/6–10 weeks
15–42 days/2–6 weeks
14 days or less/2 weeks or less
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 accommodation type or room number.
In February 2005 a new Europe-wide law relating to denied boarding, delays and cancellation of flights came into force. This law granted rights to passengers including in certain circumstances the right to cancel their flight and receive reimbursement of the cost of the flight from their airline. Full details of these rights is publicised at EU airports and is also available from affected airlines.
However, you should note that reimbursement of the cost of a flight that forms part of your holiday is the responsibility of your holiday airline and will not automatically entitle you to reimbursement of the cost of your holiday from us.
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. We 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.
7. If you have a complaint
If you have a problem during your holiday, please inform a relevant member of 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, The Port House, Port Solent, Portsmouth, PO6 4TH, giving your booking reference. It is strongly suggested that you communicate any problem to our Club, base or 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
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 following limitation of liability. Where any claim for damages is based on any travel arrangements forming part of your holiday with us (including the process of getting on and off the transport concerned) provided by air, sea or rail any compensation payable will be limited.
The maximum amount of compensation we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier concerned would have to pay under the International Convention or Regulation which applies to the travel arrangements in question (which includes, without limitation, the Warsaw Convention as amended, the Montreal Convention 1999 (air), the Athens Convention 1974 (sea), the Berne Convention 1961 (rail), Geneva Convention 1973 (road), the London Convention (applies to the use or operation of pleasure craft) or any such statute or regulation as may from time to time amend or supersede any of the above. You acknowledge that all of these Terms and Conditions form part of your contract with us and that we are to be regarded as having all benefit of any limitations of compensation contained in any of these Conventions or any other international Conventions applicable to your holiday. Copies of the conditions of carriage and any Conventions which may apply are available on request.
Any independent arrangements that you make which are not part of the holiday are entirely at your own risk.
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 definition in Section 5).
(d) An event which could not be foreseen or prevented even with all due care.
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 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.
10. Equipment and yacht insurance cover
Our equipment is comprehensively insured. Our policy provides full cover for the equipment and no less than £3m third party cover. We 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.
As with all 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. In the interests of safety however, it maybe necessary for our staff to restrict activities available subject to prevailing conditions. In this situation our staffs’ decision is final.
12. What if my room is not available?
Should your room not be available when you arrive we may substitute your room, if necessary, for a different type and in a different hotel or area.
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 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. In the case of sea travel the provisions of the Athens Convention 1974 relating to the carriage of passengers and their luggage by sea may apply. This Convention and the sea carriers conditions of carriage may continue to apply to you and your party throughout your stay on board the ship, and during boarding and disembarkation.
This Convention presumes that your baggage has been delivered undamaged unless you give full written details to
(a) In the case of apparent damage, before you disembark from the ship or the baggage is redelivered
(b) In the case of damage which is not apparent or of loss, within 15 days of disembarkation or from the time when the baggage should have been redelivered to you. 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
A copy of the conditions of carriage applicable to your holiday, can be supplied on request.
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 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 7 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/
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 products, in which case you will be advised on your arrival.
If you have any concerns, please notify an available Manager. 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 September 2009) but it has to be remembered that facilities may be withdrawn from our products and holiday particulars altered as a result.
These circumstances are regrettably beyond our control and we are unable to accept liability. Our Sales Consultants are instructed to advise enquirers of amendments which the company regard as significant. We shall be entitled to make any modifications it feels appropriate to the equipment provided at any time, without prior notice.
Our Sales Consultants are often asked for information not contained in the brochure. However, whilst every effort is made to ensure that all information given is correct, we cannot however be held responsible if this should prove inaccurate unless requested and answered in writing.
INFORMATION ABOUT YOU
Our Use of Your Information
If you do not agree to Our Use of Your Information above, we cannot engage/do business with you or accept your booking.
Direct Marketing Material
Outside the European Economic Area (EEA), note that controls on data protection in such countries may not be as strong as the legal requirements in this country.
USE OF TOOLS/"Cookies" and Links to Other Websites
To ensure that we carry out your instructions accurately, improve our service and for security and fraud, we may review, monitor and/or record: (1) telephone calls; (2) activities using CCTV in and around our premises; (3) transactions and activities at all points of contact; and (4) web traffic, activities, etc. and social media. All recordings and derivative materials are and shall remain our sole property.
We have taken all reasonable steps and have in place appropriate security measures to protect your information.
Any changes to this Policy will be either posted on our website, brochure and/or made available on request.
Travel Insurance – you must not travel without it!
Adequate and valid travel insurance is compulsory for all Sunsail bookings and it is a condition of accepting your booking that you agree you will have obtained adequate and valid travel insurance for your booking by the date of departure.
Sunsail offer a comprehensive tailored personal travel insurance policy to ensure when you’re on holiday you have complete piece of mind. For more details please contact a member of our sales team.