Wavy Sail - Terms and conditions

BOOKING TERMS & CONDITIONS

Expedition Club membership (Including those joining the Northwest Passage)

Expedition club membership gives members access to a range of benefits, as outlined on our site. There are four levels of membership. The "highest tier" of membership gives a reserved place on the Northwest passage for a non-refundable membership fee. To take up the place on the Northwest passage will require payment of the "Berth fee" which is in addition to membership.

Membership is limited and granted on a first come, first serve basis. Once the membership is full, no further memberships will be granted at that tier, except at the sole discretion of Wavysail Ltd.

Membership requires the payment of a non-refundable fee. Wavysail will make every effort to deliver the benefits, as outlined on the website, but accepts no liability or loss which may occur if, despite best efforts these benefits are not able to be delivered, or are delivered at a different time than that published.

Wavysail retains the right to substitute benefits for an alternative which it judges to have a similar value. No Cash alternative will be offered in lieu of any benefit.

Discounted trips are granted as a benefit of membership. There is no limit to the number of trips which may be booked at discounted rate, but these must be booked before 31/12/2026. The member must be the person joining the discounted trip and the benefits are not transferrable to any other person. 

Introductory, or other "FREE" trips, such as  (not not limited too) the "February - Scottish or Croatia FREE trip" offer are subject to availability and are valid for Founder, Adventurer or Expedition crew levels only. Supporter membership is not eligible for "FREE trips". No cash alternative is offered. 

Those members eligible for FREE trips will receive a unique code which will discount the selected trip by 100% - only members who meet the eligibility criteria may use this code. 

In the case of membership tiers which grant an allocated place on the trip. The allocated place is subject to full payment of the "Berth" fee and satisfactory completion of any preparation requirements such as, but not limited too, the survival training course.

The skipper of the Northwest Passage and / or Wavysail leadership team trip retain the right to refuse passage to any crew member who they deem to pose a risk to the safety of the voyage, themselves or other crew members, irrespective of whether the preparation for the voyage has been completed. No refund shall be granted for crew who are refused passage on the grounds of safety.

This is a summary of the terms and conditions - full details and a detailed agreement will be shared with crew members who wish to join the Northwest passage crew

 

Cancellation Policy

At the core of our company philosophy is personalization and adaptability to your specific needs. We do understand that sometimes circumstances change which may make cancellation necessary and we will do our best to find a solution, treating every situation on its individual circumstances.

Against this, our trips operate in very small groups and on a very personalized basis - this makes cancellations or last minute changes particularly complex to manage compared to 'big-group' tours. With only 5 or 6 people on a trip, every place counts so we do need some principles in place to protect ourselves and ensure the enjoyment of everyone on board.

Firstly, if you need to change plans, you should contact us as soon as possible. This cancellation policy does not affect any of your statutory rights as a consumer.


Practical  sailing & Adventure trips (excludes Northwest Passage)

Our standard cancellation policy is set out below. Where the request for a refund is received:-

             More than 8 weeks before departure                               :  A full refund is offered

             Between 8 and 6 weeks before departure                       :  Refund minus deposit (Deposit is payable)

             Less than 6 weeks before departure                                : Full booking fee is payable


We reserve the right to deduct bank fees or processing / transaction charges from any money refunded. 

We may offer alternative travel dates on a similar trip in lieu of a refund, with your agreement. 

We will consider transfer of your place to a different person at no additional charge (for example, friend or family member), but this must be with our explicit agreement and dependent upon our assessment of their suitability for the trip in question. Note that in this case, "suitability" includes that person having the correct medical insurance in their own name and fulfilling all other conditions. If they do not meet these conditions, and are not therefore able to join the trip, no refund will be possible and the full trip price will be payable by you as the original booker of the trip.

On some trips, we offer a Covid guarantee. Details will be outlined in that trip information, or contact us to discuss this. Covid refund guarantee is NOT part of our standard terms and conditions, but is offered on selected trips only and at our discretion.


Online Masterclass

We offer a 'no-question' refund policy on our Online Masterclass. The terms are as follows.

We want you to be fully satisfied with the Online Masterclass so we offer a flexible refund policy

- You may drop out of the course at any time and we will refund the full price of the course, less any sessions already taken. 

- For example, if you have joined the first 2 sessions and then decide the course is not for you - you may request a refund for the remaining 8 sessions (80% of the course fee).

- We will not refund for sessions which are in the past, even if you did not attend.

- You will have access to the written materials and recordings for the sessions you paid for, but will not receive materials for any sessions that are refunded.

- You may not transfer your place to another person, mid-way through. This is because these are interactive sessions with a small group and changing group members part way through, impacts the group dynamics and is unfair on the existing members.

In summary  

if you need to make a change to your booking, please contact us early and we will discuss the options with you. Our objective will always be to find a solution!

Please also see our Terms and Conditions of Sale for further details.

Ver: November 2021

 

Terms of Sale

Supplier Details:

o Supplier name: Wavysail Ltd

o Supplier company number: 12671177 

o Supplier registered office: 9 Elm Road, New Malden, Surrey, KT3 3HB, UK

o Email Address:  [email protected]

o Phone Number: +44 (0) 7570 702 256


TERMS AND CONDITIONS OF SALE

(the “Conditions”)

1. INTERPRETATION

The following definitions and rules of interpretation apply in these Conditions.

1.1 Definitions:

'Business Day' a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

'Charges' the charges payable by the Customer for the supply of the Services in accordance with clause 4.

'Contract' the contract between the Supplier and the Customer for the supply of Services in accordance with these terms and conditions.

'Controller, processor, data subject, personal data, personal data breach, processing and appropriate technical measures' as defined in the Data Protection Legislation.

'Customer' the person or who purchases Services from the Supplier; “you”.

'Data Protection Legislation' all applicable data protection and privacy legislation in force from time to time in any applicable jurisdiction, including the General Data Protection Regulation ((EU) 2016/679), any local implementation thereof and including in the UK the Data Protection Act 2018; the Privacy and Electronic Communications Directive (2002/58/EC) (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.

'Front Sheet' the front sheet to these Conditions setting out details of the Supplier.

‘Platform Provider’ means Easol Travel Limited.

'Intellectual Property Rights' patents, rights to inventions, copyright and related rights, trademarks, business names and domain names, rights in get-up, goodwill and the right to sue for passing, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

'Services' the experiences, events, goods and services made available by the Supplier to the Customer on the Website or otherwise provided by the Supplier to the Customer.

'Supplier' the supplier of the Services, with our details set out in the Front Sheet; “we” or “us” or "Wavysail Ltd".

‘Website’ means the our ecommerce site which is hosted by the Platform Provider.

1.2 Interpretation:

1.2.1 A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.

1.2.2 Unless the context otherwise requires, any reference to European Union law that is directly applicable or directly effective in the UK at any time is a reference to it as it applies in England and Wales from time to time including as retained, amended, extended, re-enacted or otherwise given effect on or after 11pm on 31 January 2020.

1.2.3 Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

1.2.4 A reference to writing or written includes fax and email.

2. CONTRACT FOR SERVICES

2.1 The booking constitutes an offer by the Customer to purchase Services in accordance with these Conditions.

2.2 These Conditions will apply to all bookings you make with us.

2.3 The booking shall only be deemed to be accepted when Wavysail Ltd or any person authorised by Wavysail issues a confirmation of the booking (“Booking Confirmation”) at which point and on which date the Contract shall come into existence.

2.4 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

2.5 Any quotation given by us shall not constitute an offer.

2.6 Our Website is run on the platform operated by the Platform Provider. The Platform Provider has no control over the products or services or any of the information or content on the Website. • Any booking or order for a product or service that you make on the Website is between you and Supplier. There is no contractual relationship between you and the Platform Provider in relation to the Website or any products or services on that site. If you have any questions, concerns, complaints, or wish to cancel your order or booking, you should contact the Supplier directly.

2.6.1 Nothing in this Contract shall affect the Customer's applicable statutory rights as a consumer.

3. CUSTOMER'S OBLIGATIONS

3.1 The Customer shall:

3.1.1 Ensure that the terms of the booking, and any information it provides are complete and accurate;

3.1.2 Co-operate with us in all matters relating to the Services;

3.1.3 Provide us and/or the Platform Provider with such information as we and/or the Platform Provider may reasonably require in order to process the order and supply the Services, and ensure that such information is complete and accurate. This will include, for practical sailing trips, certain medical information, dietary requirements and other information which will ensure your safety and comfort on board.

3.2 The following restrictions apply in respect of purchasing Services:

3.2.1 Bookings may only be made by individuals who are 18 years or over.

3.2.2 You may book on behalf of yourself or another. The Customer who makes the booking shall be responsible for all deposits and payments due.

3.2.3 Certain Services may only be suitable for certain types of individuals. Customer must carefully review the criteria and waivers for you and travellers in your group to agree to them. Female travellers, in an advanced stage of pregnancy on the date of departure may be required to present a doctor’s certificate evidencing their fitness for travel. Not all Services are suitable for individuals with reduced mobility. If you have any questions, please contact us to discuss whether the Services are suitable for you and your party before booking.

3.3 You must take responsibility for the safeguarding of your personal belongings while participating in the Services (from the point of departure to return, including all scheduled activities). No responsibility can be taken by us for any loss or damage to you or a travelling party’s personal belongings.

3.4 Wavysail Ltd accepts no liability for any incorrect information given by you whether in relation to you or others that you are booking on behalf of. Services may not be provided if incorrect information is given.

3.5 If our performance of any of our obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):

3.5.1 Without limiting or affecting any other right or remedy available to it, Wavysail Ltd shall have the right to suspend or terminate the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays the Supplier's performance of any of its obligations;

3.5.2 In the case of practical sailing trips, the Skipper is responsible for the safety of the vessel and all those on board at all times - you will be required to read, agree to and sign the 'rules on board' and agree to follow, at all times, the instructions given by the Skipper and 1st Mate, where carried. Any failure to follow these rules may put the customer, vessel or other passengers at risk and will not be tolerated.  Wavysail Ltd gives all Skippers the authority to take all actions, they deem required to ensure safety, including the ability to off-load passengers who disregard our safety policies at the nearest port. In this case, Wavysail Ltd will not be liable to refund any part of the trip fees, nor reimburse the customer for any costs incurred as a result of being off-loaded. 

The details of the safety rules and procedures all our Skippers follow is contained in our Standard Operating Procedures - You may request a full copy of our standard operating procedures at any time by contacting us.

3.5.2 Wavysail shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from our failure or delay to perform any of its obligations as set out in this clause 3.5; and

3.5.3 The Customer shall reimburse Wavysail Ltd on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from the Customer Default.

4. CHARGES AND PAYMENT

4.1 The price of the Services will be as quoted on the Website from time to time, except in cases of obvious error. Prices are liable to change at any time, before or after your booking. If there are increases in prices after your Booking Confirmation, you will be notified and given an opportunity to accept the new price or terminate the Contract without any liability for you or us (less any platform, transaction and processing fees that have been incurred).

4.2 Despite our best efforts, some of the Services listed on the Website may be incorrectly priced. We expressly reserve the right to correct any pricing errors on the Website and or pending reservations made under an incorrect price, even after Booking Confirmation. If the change is made after Booking Confirmation, we will offer the Customer the opportunity to keep the booking at the correct price or terminate the Contract without any liability for your or us (less any platform, transaction and processing fees that have been incurred). Wavysail Ltd is under no obligation to provide Services at an incorrect (lower) price, even after confirmation of the booking has been sent.

4.3 Your payment to us may be processed on our behalf by the Platform Provider or its appointed third party payment processing provider. The Platform Provider receives the monies you pay to it as a payment agent for Wavysail Ltd.

4.4 The balance of all monies due for bookings (less any deposit paid by you) must be received by us no later than the date set out on the relevant page for the Service on the Website or on the confirmation email and invoices issued by us. In the event of your non-payment of the balance by the payment deadline, we reserve the right to cancel the booking and charge cancellation fees.

4.5 If you are paying in a currency (the converted currency) which is different to the primary currency of the listing (the primary currency), any payment and instalments you make towards the booking will be converted based on the exchange rate at the time you make the payment (which may differ to the exchange rate at the time of your booking). For any currency conversions, Supplier (or our service providers) shall add its standard exchange rate fee from time to time in place, as amended from time to time. This shall be added on to the price being paid by you for the Service. Please note, the exchange rate may vary between payment of your instalments for the Service and accordingly the price for the Service may change as a result of the exchange rate fluctuations.

4.6 The Customer should be aware that the local authorities in certain countries can impose additional taxes (tourist tax, etc.), which have to be paid locally. The Customer is exclusively responsible for paying such additional taxes.

4.7 Unless expressly stated otherwise, prices do not include insurance, airline services, excess baggage charges, transport from the airport to the departure point, visa and vaccination charges or any personal expenses (laundry, telephone, drinks, room service, tips, etc.), nor excursions or the use of sports facilities, nor any more general costs that are not expressly included in the Booking Confirmation.

4.8 If any payment is not paid by the due date, we reserve the right to charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

4.9 If we become aware of any fraud or illegal activity associated with the payment for the booking, the booking will be cancelled and you shall be liable for all the expenses arising from such cancellation, without prejudice to any other action that may be made against you.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 Customer acknowledges and agrees that all copyright, trademarks and all other intellectual property rights in all our literature and Website shall remain at all times vested in Wavysail Ltd. The Customer is permitted to use this material only as expressly authorized by us.

5.2 Customer acknowledges and agrees that the material and content contained within the Website is made available for personal non-commercial use only and the Customer may (if necessary to make a purchase on the website) download such material and content. Any other use of the material and content of the Website is strictly prohibited. The Customer agrees not to (and agrees not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

5.3 The Customer agrees that any photography or media of any description which is taken during the services by the customer or by us, where the customer may be present, maybe be used by us without license, royalty or payment and without restriction, worldwide for marketing purposes.


6. TRAVEL INFORMATION AND INSURANCE

6.1 Please note that Wavysail Ltd is not responsible for providing passport and visa requirements for your trip. Your specific passport and visa requirements, as well as any other immigration requirements are your responsibility and you should confirm these with the relevant embassies and/or consulates. Any information supplied by us on the Website or otherwise on these or related matters (such as climate, when to travel, clothing, baggage, personal items etc.) is given as general guidance and in good faith but we do not accept liability for any decisions made on the basis of the information supplied.

6.2 The passport, visa and health requirements at the time of booking should be viewed on relevant government websites or by making your own enquiries. It is your responsibility to ensure that you and all members of your party are in possession of all necessary travel and health documents, and in compliance with any other immigration requirements, before you travel. We do no accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.

6.3 You are encouraged to take out appropriate insurance, especially medical insurance which adequately covers the risks associated with the Services that you are participating in including the costs relating to assistance, including repatriation, in the event of accident, illness or death. Note that for many of our trips, this will require specialist insurance "Outside of territorial waters". We can advise on the type of insurance and connect you with providers, but the selection of insurer is your responsibility.

7. CANCELLATION BY THE CUSTOMER

7.1 Requests by the Customer for cancelling or changing a trip must be submitted to us promptly. Subject to your statutory rights and your express rights under this agreement, any such requests are at the discretion of Wavysail Ltd

7.2 If a cancellation is accepted by us, we can require a cancellation charge and to charge additional costs incurred as a result of the travel arrangements already made. See our Cancellation policy for details of our standard cancellation charges. 

7.3 If a refund is made to you the refund shall be made less any platform, transaction and processing fees that have been incurred.

8. CHANGE OF BOOKING BY THE CUSTOMER

8.1 If after making the booking a Customer wants to change the trip with respect to the date of trip or the destination, you should contact us as quickly as possible. Subject to your statutory rights, any such requests are at our discretion.

8.2 Wavysail Ltd has no legal obligation to make such changes but may, at its sole discretion and where feasible, try to accommodate the Customer’s request. Changes depend on availability and Wavysail reserve the right to impose a fee in the event of a change to a booking. 

8.3 Any amendments will be subject to our standard administration charge from time to time in place.

9. CANCELLATION BY THE SUPPLIER

9.1 On rare occasions, we may have to cancel the Service and  we reserve the right to do so. In this case, we will notify you as soon as possible. We may (at our discretion) offer an alternative Service if able to do so and inform the Customer of its impact on the price of the booking. If the alternative Service is of a lower quality or cost, the Customer may be entitled to a price reduction at our discretion. If we cannot offer an alternative we may, at our discretion provide a full refund of any payments made for the Service (less any platform, transaction and processing fees that have been incurred).

9.2 If a refund is made to you any reason, the refund shall be made less any platform, transaction and processing fees that have been incurred.

10. CHANGES TO THE PROVISION OF SERVICES

10.1 As elements of the Services are planned in advance (in some cases by many months) and due to the nature of Ocean sailing, we may need to make a change to the Services provided. We reserve the right to do so at any time in order to maintain the safety of our customers and staff, including during the service itself. This may include, but is not limited to, an amended departure or arrival date, or point of embarkation / disembarkation. Customers should ensure they allow flexibility in their travel arrangements to account for this. Wavysail Ltd will not be liable for any costs arising for the customer (for example rebooking of flights etc) due to changes in the arrival or departure dates or places, which should be considered, by the customer as our best estimate. We will, at all times, put the safety of our passengers, staff and vessel as priority.

10.2 In the unlikely event that we has to make a significant change to the service before departure, the Customer will be informed as soon as reasonably possible. The Customer will then have the option to:

(a) accept the proposed change.

(b) reject the proposed change and terminate the Contract with a full refund (less any platform, transaction and processing fees that have been incurred); or

(c) reject the proposed change, terminate the Service and take an alternative one if offered. If the Customer decides to take an alternative Service, they will be informed of its impact on the price of the booking.

11. Unavoidable and Extraordinary Circumstances

11.1 Wavysail Ltd shall have no liability to the Customer under this agreement if it is prevented from or delayed in performing its obligations under this Contract, or from carrying on its business or providing the Services as expected for any Unavoidable or Extraordinary Circumstance.

11.2 An “Unavoidable or Extraordinary Circumstance” shall mean any acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport or telecommunications network, Act of God, war, riot, civil commotion, malicious damage, threat of the spread of any illness or disease or any epidemic or pandemic, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of Supplier or sub-contractors.

11.3 Customer is advised to ensure it has appropriate travel insurance in place that covers Unavoidable or Extraordinary Circumstances.

12. LIMITATION OF LIABILITY: THE CUSTOMER'S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.

12.1 Nothing in this section shall exclude or limit our liability where it is not possible to do so under applicable law. Your statutory rights as a consumer remain unaffected.

12.2 Except as set out in the Contract Wavysail Ltd accepts no liability for any claims, losses, expenses, damages or liability for the Services, except in cases of our fraud or involving death, injury or illness where Wavysail Ltd has caused such damage with negligence.

12.3 If you have any complaint, you should, if on a practical sailing trip, raise this at first with the Skipper. In case the issue is not resolved, you must raise this with us in writing within 30 days of the end of your trip. The limitation period begins on the day on which the trip should end, based on the Contract.

13. ACCESS TO WEBSITE

13.1 Without affecting any other right or remedy available to it, Wavysail Ltd may suspend or terminate the Customer’s use of the Website at any time without any liability to the Customer.

14. GENERAL

14.1 Assignment and other dealings. Wavysail Ltd may transfer its rights and/or obligations under any Contract to another organization.

14.2 Variation. We may amend these terms from time to time. Every time you wish to use the Website, please check these terms to ensure you understand the terms that apply at that time.

14.3 Waiver. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, this does not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you and/or we continue to provide the Services, we can still require you to make the payment at a later date.

14.4 Validity. If a court finds any part of these terms illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of the terms are unlawful, the remaining paragraphs will remain in full force and effect.

14.5 Governing law. These terms are governed by the laws of England and Wales and the English courts shall have exclusive jurisdiction.