These conditions, together with relevant information within this website, and the General Information form part of the Client’s contract with the Company (Sunvil International Sales Limited, registered no. 984970, and/or any relevant associated or subsidiary company). The signatory of the booking form accepts these contract terms on behalf of everyone named in the booking or added subsequently, and the words “the Client” and/or “you” in these conditions should be construed accordingly.
1.) There will be no contract between the Company and the Client until the Client has signed a booking form and paid the required deposit and the Company has issued a Confirmation Invoice. However, for bookings made within 56 days of travel, a contract shall be deemed to exist once the Client or the Client’s travel agent has made the booking “definite” by telephone and the Company has confirmed full holiday details, including a Booking Reference Number, on the telephone to the Client or Agent. Full payment will be due immediately for bookings made within 56 days of travel. [Subsequent cancellation of the holiday by the Client is subject to the charges in Clause 4].
In signing the booking form, the Client accepts these conditions on his behalf and on behalf of all other persons named on the booking form, including those substituted or added by agreed amendment.
Any monies paid by the Client to a travel agent will be held by the travel agent on the Company’s behalf until such time as they are paid across to the Company.
NB. It is a condition of the contract that the Client will take out the travel insurance negotiated by the Company or an equivalent policy.
2.) The balance of the price is payable not less than 56 days prior to departure date. If the balance has not been paid by 48 days prior to departure, the Company may cancel the booking and levy the cancellation charges set out in Clause 4. NO REMINDERS OR STATEMENTS WILL BE SENT.
3.) Special requests should be indicated on the booking form or requested in writing. The Company will try to arrange special requests to be met, but cannot guarantee that they will be unless a supplement is charged. As we do not own the accommodation, aircraft, coaches or cars we may be booking on your behalf, you will understand that we cannot accept any booking which is made conditional upon a special request being satisfied unless agreed by us in writing at the time the booking is made. Adding requests after booking may incur an amendment / administration charge.
4.) In the event of cancellation by the Client the following cancellation charges will be made:
|
Cancellation period before Departure |
Charge as a Proportion of Total Invoiced Cost |
| 49 days – or more |
Deposit only |
| 48 days – 29 days |
30% |
| 28 days – 22 days |
45% |
| 21 days – 15 days |
60% |
| 14 days – 8 days |
80% |
| 7 days – 0 days |
100% |
In addition, any ‘yachting element’ booked from our Sailing programme will be charged at 100% if cancelled within 48 days of due departure date.
Please note that insurance premiums are non-refundable. Should one or more member(s) of a party cancel it may increase the per person holiday price of those still travelling.
Cancellation shall only be effective when written notification is received by the Company by recorded or registered post – the client should check the following day that this has been received by the Company. Attention is drawn to the insurance cover available.
5.) A fee of £25 per booking for a minor change (e.g. cancellation of car hire) or £25 per person for a major change (e.g. change of dates to earlier or later in the same season, resort or accommodation) will be charged for each amendment or name-change to a confirmed booking to cover administration costs. For a major change within 8 weeks of departure, the company will treat the alteration as a cancellation of the original holiday (attracting cancellation charges) and regard it as a new holiday booking. If the Client is prevented from taking up his booking by illness, jury service, redundancy, unavoidable work commitment or the death or serious illness of a close family member, the Client may transfer his booking to another person acceptable to the Company provided that:
(a) the transfer is requested in writing at least two working days in advance; and
(b) the request is accompanied by documentary proof of the reason for the transfer, any tickets or vouchers already received from the Company, full details of the person who will take over the booking, any balance due for the booking and the appropriate administration fee (see below); and
(c) the person taking over the agreement agrees to be bound by the booking conditions.
The administration fee will be £25 per name-change, plus all charges of whatever nature levied by the Company’s suppliers. Clients should be aware that some suppliers, particularly airlines, may charge a 100% cancellation fee and the cost of a new ticket.
6.) All our prices are based on the exchange rate of £1 Sterling being 1.4582 Euros and 1.7514 US Dollars as published in the Financial Times on 3/3/06.
The price of your travel arrangements is subject to surcharges on the following items for increases in: transportation costs (e.g. fuel), scheduled airfares and any other airline surcharges which are part of the contract between airlines (and their agents) and the tour operator/organiser, Government action such as increases in VAT or any other Government imposed increases, currency in relation to adverse exchange rate variations. Even then, the Company will absorb an amount equivalent to 2% of the holiday price (excluding insurance premiums and any other amendment charges). Only amounts in excess of this 2% will be surcharged but, where a surcharge is payable there will be an administration charge of £1 together with an amount to cover travel agent’s commission. Should surcharges exceed 10% of the holiday price shown on the original Confirmation Invoice, the Client can decide to cancel the holiday and receive a full refund, excluding any premiums paid for holiday insurance and amendment charges. This option must be exercised within 14 days of the issue date shown on the surcharge invoice.
7.) If the Company makes a major change or cancels the holiday after it has been confirmed but before departure the Client will have the choice of:
(a) accepting the cancellation or changed arrangements; or
(b) taking another available holiday with the Company (if it is more expensive the Client must pay the difference, but if it is cheaper the Company will make an appropriate refund); or
(c) (in the case of a major change) cancelling the holiday and receiving a full refund.
A major change is a change of airport (except between airports serving the same city), a change of resort, or a change to lower grade accommodation. Any other change is minor, including aircraft type and aircraft operator.
If the Client decides to cancel because of a major change or if the Company cancels a holiday for any reason other than Force Majeure [or Low Bookings] (defined below), the Company will pay compensation as follows (period before scheduled departure when major change or cancellation is notified / compensation per fare paying passenger); more than 56 days/nil; 56-29 days/£20; 28-14 days/£30; 13-0 days/£40.
Force Majeure means unusual and unforeseeable circumstances beyond the Company’s control, the consequences of which neither the Company nor its suppliers could avoid, including but not limited to war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, fire, flood, adverse weather conditions or the threat of any of these. [Low Bookings is where an insufficient number of people have booked the arrangements to make their operation financially viable in the advertised form.] The Company will never cancel a holiday because of Low Bookings less than six weeks before departure.
If there is a minor change, the Company is not obliged to notify the Client, although it will try to do so, nor is it liable to pay compensation.
8.) If the Company becomes unable to provide a significant proportion of a holiday after it has commenced, the Company will make suitable alternative arrangements for the Client at no extra charge to the Client or, alternatively, arrange for the Client to be returned to his point of departure and to receive a pro-rata refund for any ground arrangements not received.
9.) Accommodation which forms part of the Client’s booking may only be used by the persons named on the booking form. Sub-letting is not permitted, nor are pets. The Client must observe the rules of the community (if any) relating to the accommodation and must vacate it by 12.00 noon on the day of departure if an hotel, or by 10.00 am if self catering.
The Client shall behave properly throughout his holiday and, in particular, must not do or permit to be done anything which might lead to damage to any property, injury to any person, or vitiation of any contract of insurance. The Client will use, occupy and enjoy the accommodation provided as part of his holiday with due care and in a proper manner without allowing the accommodation to become unreasonably soiled. No items, fixtures or fittings shall be removed from the accommodation or left outside at any time. The Client will be responsible for the cost of repairing or replacing any lost, broken or damaged items, including lost keys. The Client will treat and speak to Company employees in a reasonable and civil manner.
10.) Flight times are provided by Airlines and are subject to change because of such matters as slot congestion at airports, air traffic control restrictions, weather conditions and technical problems. Flight timings are therefore estimates only and cannot be guaranteed. The Company will not be liable if a flight is delayed. In the event of a delay, Airlines generally provide such refreshments, meals and accommodation as they deem appropriate. Where it is able to do so, the Company will use its best endeavours to ensure that appropriate arrangements are made. In addition, the Client may be entitled to claim under the Travel Delay section of the Company’s recommended travel insurance policy. In the event of a delay the Company will not be liable for compensation for loss of holiday enjoyment, unused hotel accommodation, missed connecting transportation or any additional transportation charges as the Company’s Travel Delay Policy is designed to cover such eventualities.
As between the Client and any individual airlines, the airline’s standard conditions of carriage will apply. These may limit or exclude liability in accordance with relevant international Conventions. Copies of these Conventions are available from the Company on request.
11.) General Information concerning passport, visa and health requirements applicable to British Citizens is set out in the General Information pages. However, such requirements are subject to change and the Client is responsible for checking current requirements before departure. It is the Client’s responsibility to ensure that he complies with all applicable requirements and takes with him all documents required for his holiday, including re-entry into the UK. The Company will not be liable for any failure by the Client to discharge these responsibilities and the Client will have to reimburse the Company for any costs it incurs as a result of such failure on the part of the Client.
12.) In the very rare event of over- booking by an hotel/villa of which the Company is not aware before the Client departs, the Client will be offered alternative accommodation on arrival, which accommodation will be of a comparable standard if available. If the location and/or facilities of the alternative accommodation can reasonably be considered inferior to that originally booked, the Company will compensate the Client by paying him the difference in price (if any) between the two properties plus compensation of up to 5% of the original holiday price.
13.) The Company makes every effort to ensure that all resorts and accommodation offered in this brochure are described as accurately as possible. However, changes can occur and the Company reserves the right to make such changes, in which case the Client will be informed at the time of booking or on his subsequent Holiday Confirmation Invoice. Clients should bear in mind that certain facilities, particularly swimming pool bars/snack bars, restaurants, sports, entertainment and excursions, are subject to demand at any given time. It would not, for instance, be reasonable to expect a hotel to open a nightclub if only a few people wished to make use of it, nor can an excursion be run unless there is a demand which makes its operation economically viable. If an hotel is equipped with air-conditioning, the period and time of functioning of the system is at the discretion of the hotel management.
14.) a) Subject to paragraphs (c) and (e) below, the Company accepts liability if the Client suffers illness, personal injury or death (“a misadventure”) as a result of an activity forming part of the holiday booked with the Company.
(b) Subject to paragraphs (c) and (e) below, in any case other than a misadventure, the Company accepts responsibility if the arrangements which the Company has agreed to provide are not as described in this brochure and are not of a reasonable standard (“a deficiency”). In such circumstances, the Company will pay the Client reasonable compensation having regard to the Client’s particular circumstances.
(c) The Company’s acceptance of liability in paragraphs (a) and (b) above does not apply where there has been no fault on the part of the Company nor any of its suppliers because the cause of the misadventure or deficiency is the Client’s own fault, the actions of someone unconnected with the holiday booked with the Company or a cause which neither the Company nor its suppliers could have anticipated or avoided even exercising all due care. Further, the Company’s acceptance of liability is conditional upon the Client assigning to the Company all rights he may have against any third party in any way responsible for the misadventure or deficiency in question and/or giving his full co-operation if the Company or its insurers wishes to enforce those rights or exercise a right of subrogation.
(d) If the Client suffers a misadventure in circumstances where the Company is not liable, the Company’s representative or agent must be notified immediately. In its absolute discretion, and if requested to do so within 90 days of the misadventure, the company may give the Client financial assistance of up to £5,000 per booking form for the purpose of legal action against any third party responsible for the misadventure. This assistance takes the form of a legal insurance policy [and is conditional upon the Client reimbursing the assistance out of any compensation he obtains].
(e) Notwithstanding any other provisions of this clause, the Company’s liability and/or the amount of compensation payable by the Company is limited in accordance with relevant international Conventions, as amended, namely the Warsaw Convention, The Geneva Convention, The Berne Convention, the Athens Convention and the Paris Convention. Copies of all relevant Conventions are available from the Company on request.
15.) All complaints must be made at the time of occurrence to the Company’s Courier or Local Agent and to the supplier of the facility or service concerned to allow the Company the opportunity to rectify the cause of the complaint, failing which the Client’s legal rights will be reduced or even extinguished. Any claims whatsoever against the Company must be submitted in writing to the Company in the UK within 28 days of the Client’s return.
16.) Any services purchased locally in resort, even if these are arranged by our representative or agent, do not form part of this contract.
17.) Beaches, the sea, roads and areas around holiday accommodation do not form part of the package and have not been inspected.
18.) Disputes arising out of or in connection with this contract which cannot be amicably settled may (if the Client wishes) be referred to a Court of Law or to arbitration under a special scheme which, though devised by arrangement with the Association of British Travel Agents, is administered quite independently by the Chartered Institute of Arbitrators. The scheme (details of which will be supplied on request) provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the Client in respect of costs.
Alternatively, AITO’s Independent Dispute Settlement Service (again, details on request) may be called upon by either side to bring the matter to a speedy and amicable solution.
Whichever option you choose, neither scheme applies to claims for an amount greater than £5000 per person or £25,000 per booking form, or to claims which are solely or mainly in respect of physical injury or illness or the consequences of such injury or illness. If Clients elect to seek redress under the schemes, written notice requesting arbitration must be made within 9 months after the scheduled date of return from the holiday.
19.) The Company has complied with the financial bonding requirements of the Association of British Travel Agents (membership no.V6218), the Civil Aviation Authority (ATOL Licence No. 808) and the Association of Independent Tour Operators Trust (AITOT) to ensure that Clients would be repatriated and/or refunded in the unlikely event of the Company’s insovency. For further information on the ATOL system please visit the Civil Aviation Authority’s ATOL website at www.atol.org.uk
20.) Data Protection Statement.
Please be assured that we have measures in place to protect the personal booking information held by us. This information will be passed on to the principal and to the relevant suppliers of your travel arrangements. The information may also be provided to public authorities such as customs or immigration if required by them, or as required by law. Certain information may also be passed on to security or credit checking companies.
If you travel outside the European Economic Area, controls on data protection may not be as strong as the legal requirements in this country. We will only pass your information on to persons responsible for your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary/religious requirements. (If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we will be unable to provide your booking. In making this booking, you consent to this information being passed on to the relevant persons.) Full details of our data protection policy are available on request.
21.) This contract and any matters arising from it are governed by the law of England and Wales and are subject to the jurisdiction of the courts of England and Wales.
Terms and Conditions relating to Holidays including any Sailing Elements
Cancellation
Cancellations where a ‘yachting’ element is part of the booking, the whole amount of the ‘yachting’ element cost is lost if cancelled within 48 days of departure. ‘Yachting element’ refers to Flotilla, Bareboat and Learn-to-Sail (both live-aboard and shore-based).
Additional Clauses:
(a) To minimise delays to departure of yachts in Greece we will complete and sign the ‘Greek Charter Party Agreement’ on the charterer’s behalf (copy available on request) together with ‘Declaration of Charterer’s Ability to Skipper a Yacht’ now required by the port police. We cannot be held responsible for any incorrect information provided either directly or through an agent and the charterer’s signature (either as skipper or on behalf of the skipper) on our booking form (or electronic acceptance) confirms acceptance and agreement with this procedure. This will also apply to any similar procedure required in any of our other destinations.
(b) Please complete the medical section of the booking form honestly; any illness or disability does not necessarily preclude someone from taking part.
(c) The issuing of certificates is solely at the discretion of the instructor and reflects the student’s ability. In all situations and cases the decision of the professional skipper(s) is final.
(d) A sailing week consists of six sailing days. In the eventuality of loss of sailing due to staff or mechanical problems, proven to be our responsibility, which exceeds six hours between 0900 hrs and 1900 hrs we will refund one sixth of the weekly yacht charter price paid for each day lost, or offer equivalent compensation. This is purely based on the charter price of the yacht and does not include any element for flights, accommodation etc. A substitute yacht, if offered, must be accepted.
(e) We reserve the right to either prevent a charterer from taking a yacht out to sea by themselves or to put one of our skippers aboard at the charterer’s expense if the charterer’s experience of skippering a yacht is not satisfactory or not as stated on the booking form.
(f) Our yachts are registered for commercial use in the country within which they operate, and all on-board safety equipment has to conform to that country’s requirements.
(g) All descriptions and information given in our printed and electronic literature form part of our terms and conditions.
