TOPSAIL ADVENTURES STANDARD TERMS AND CONDITIONS
1.1 Topsail Adventures Limited (TSA) reserves the right to refuse bookings without further explanation.
1.2 All references to TSA are deemed to include it’s skippers, mates, hosts, deck hands and any other employees, representatives or agents authorised by TSA to act on its behalf.
1.3 By entering into an agreement with TSA you and the members of your party will be confirming your acceptance of all of these terms and conditions.
2.0 Booking your adventure
2.1 An adventure is deemed booked only when TSA has issued a confirmation of booking. This will normally be dispatched when TSA have received; a completed booking form, an additional crew-member form for any additional members of your party and a deposit of 30% of the total fee. Confirmation will also depend upon the trip reaching a minimum crew size, which will vary by trip, but is generally set at 3 paying guests. If the trip never reaches its minimum crew size it may be subject to cancellation (see section 5.2).
2.2 TSA require that you to take full responsibility for the accuracy and completeness of all of the information that is provided to TSA including but not limited to that which is provided on the booking form and on the additional crewmember forms.
3.1 Payment can be made by cheque or bank transfer. Payments can also be made by credit card via our PayPal account – for which there will be a surcharge the amount of which will be confirmed at the time of payment. A payment is not considered to have been made until the funds have cleared into the bank account of TSA.
3.2 The balance of the adventure fee becomes due and payable six weeks before the first day of your adventure. If the balance is not paid by the due date TSA may cancel your charter without notice and cancellation charges will be made as noted elsewhere in these terms.
3.3 If a booking is made less than six weeks before the first day of your adventure then full payment will be required with the booking form and additional crewmember forms before a confirmation of your booking will be issued.
4.0 Cancellation by you
4.1 If for any reason you require to cancel any booked berth then you should give TSA notice of this as soon as possible either verbally or in writing.
4.2 If you cancel a berth more than six weeks in advance of the first day of your adventure then TSA reserve the right to keep all or part of the deposit paid for that berth.
4.3 If you cancel a berth less than six weeks in advance of the first day of your adventure then you will be liable to pay TSA the entire fee for that berth.
5.0 Cancellation, delay or change by TSA
5.1 If an adventure is cancelled due to severe weather being forecast for the entire duration of the adventure or in the case of a force majeure (unforeseeable and unusual circumstances beyond the control of TSA that could not have been avoided even if all due care had been exercised) then TSA will endeavour to offer an alternative adventure of equivalent value at a date to be agreed by you and TSA..
5.2 If TSA cancel an entire adventure for any reason other than 5.1 then a full refund or alternative date will be offered.
5.3 If the start of an adventure is delayed due to the unavailability or unseaworthiness of the vessel, or due to the lack of a qualified skipper or lack of any other required TSA resource a refund will be made to you equal to the daily rate of the booked adventure for each full day of delay up to but not exceeding the refund of the entire amount of the fees paid.
5.4 TSA can make no guarantee as to the itinerary of the adventure, the joining or leaving ports or the amount of time that will be spent at sea. No variation in any of these for reasons of severe weather, mechanical failure, gear or equipment failure or damage during the adventure will lead to any compensation or refund.
5.5 In all cases TSA’s liability is limited to offering a refund up to the amount paid for the adventure and TSA will have no further liability to you in respect of consequential or economic loss, loss of profit/savings or loss of use or enjoyment, whatever the nature.
6.0 Amendments to your adventure
6.1 Subject to availability and at the discretion of TSA you may reschedule your adventure to another date providing that the request is received by TSA more than six weeks before the first day of the originally booked charter.
6.2 If you wish to change the members of your party you may request to do so at any time up to a week in advance of the first day of the charter providing that you do so in writing to TSA and include an additional crew-member form for each new member of your party. TSA reserve the right to reject any new member of your party.
7.0 Adventure start and end times
7.1 The expected time and place of joining and leaving your adventure will be confirmed after TSA receive the balance of your payment.
7.2 Adventures will usually start at 1800 on the first day of your adventure and end around 1600 on the last day, but owing to the vagaries of sailing in different conditions these times are guidelines only
7.3 If you or a member of your party arrives later than the stated time of joining your adventure then TSA reserve the right to continue with the planned or other itinerary. Whilst TSA will make efforts for you or said party to be able to join the adventure at a later time and/or at another venue TSA will not be liable to offer any refund for all or part of the adventure nor pay for any extra expenses incurred.
8.0 Health and Safety
8.1 If you, or any member of your party suffers from any condition that may affect their health or safety during the adventure (including but not limited to; allergies, diabetes, asthma, heart condition, restricted mobility, epilepsy, coordination problems, hearing impairment, visual problems, learning disability, physical disability) or if they are pregnant or are on any medication that could be affected by seasickness you must disclose it to TSA at the time of booking or as soon after as the condition becomes apparent.
8.2 Failure to comply with the 8.1 could result in an affected member of your party being put ashore by the skipper on the grounds that they are putting their own or other lives at risk. In this case TSA will not be liable to offer any refund nor pay for any extra expenses incurred.
8.3 Each adventure will commence with a safety briefing which all members of your party must attend.
8.4 It is ultimately your responsibility and the responsibility of your party to ensure that appropriate warm clothing and wet weather gear is worn as appropriate and that sun cream or other UV protection is used when required. Flat non marking footwear with a reasonable level of grip should be worn at all times when underway aboard a TSA vessel.
8.5 TSA reserve the right to restrict the cruising limits and alter the itinerary of an adventure in light of the experience and/or capabilities of your party and the actual or anticipated weather conditions.
8.6 You and your party must follow any reasonable directions of the Skipper and/or other TSA representatives at all times when aboard TSA vessels and watercraft. Failure to do so could result a member of your party or your entire party being put ashore and in this case TSA will not be liable to offer any refund nor pay for any extra expenses incurred.
8.7 The vessel shall at all times remain under the command of the Skipper and/or other TSA representatives aboard.
8.8 Consumption of alcohol is at the discretion of the skipper.
8.9 It must be appreciated that sailing can be a dangerous activity and that accidents, even fatal ones, can happen on the water. Whilst all reasonable care will be taken by TSA’s representatives you and your party will need to take responsibility for your own safety by exercising due care and attention.
9.0 What is included
- An individual berth for each member of your party for each night of the adventure (there are sometimes double berths available – but these cannot be guaranteed).
- Stowage space for a reasonable amount of personal gear. (Stowage space aboard is limited however and the Skipper may limit the nature and amount of personal gear that you and members of your party bring aboard).
- All food provided aboard.
- Non-alcoholic beverages provided aboard
- Lifejacket and harness
- Boat Fuel
- Mooring Fees
10.0 What isn’t included
- Meals ashore (on request TSA can arrange and organise these for you, but they must be paid for separately)
- Alcohol (on request TSA can arrange to source alcoholic beverages for you, or you may bring your own supply)
- Travel to and from the adventure joining and leaving ports
- Personal travel insurance (although TSA strongly recommend that you and your party take this out and ensure that this covers you for sailing in the relevant cruising grounds)
11.0 Insurance, Liabilities and Obligations
11.1 TSA will ensure that comprehensive insurance of the vessel and her equipment is in place and that this includes third party liability of up to £2,000,000. This insurance will not cover personal effects or vehicles left ashore.
11.2 Items are taken aboard the vessel at your own risk and that of your party and TSA does not accept any responsibility for lost, damaged or stolen items.
11.3 You indemnify TSA for any loss or damage to the vessel or her equipment or any expense or liability arising out of any wrongful act or omission by you or members of your party which is not for any reason covered by the vessels insurance.
11.4 TSA shall have no liability for death or personal injury suffered by you or a member of your party save where caused by TSA’s proven negligence or wilful default.
11.5 You and your party agree:
- Not to do or omit to do any action or thing whereby the vessel may become liable to arrest or detainment.
- Not to bring on board any restricted or illegal goods whatsoever, such as but not limited to drugs, firearms or explosives.
- Not to carry animals, plants or other restricted items.
12.1 This agreement shall be construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English Courts.
12.2 If any provision of this agreement shall be held to be illegal or unenforceable the enforceability of the remainder of this agreement shall not be affected.
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