1. Definitions
1.1 “The Company” is Sea to Peak Expeditions Limited, registered in England.
1.2 “The Client” is any person(s) taking part in any activity or Expedition the Company offers.
1.3 “Booking Form” is the electronic or paper form that is sent to Clients or is available on our website and is used to request a booking on an activity or Expedition.
1.4 “Expedition” is the activity as identified on the Booking Form.
1.5 “Questionnaire” is an electronic form (or in paper if requested) containing medical, dietary and various relevant pre-expedition questions that is sent to Clients prior to an activity or Expedition taking place.
1.6 “Booking Confirmation” is a document sent to the Client by the Company confirming the contract between one another.
2. The contract
2.1 The contract is made between the Company and the Client(s).
2.2 At the time of making any payment to the Company, or on completing the Booking Form, the Client(s) confirm their acceptance and agreement that the contract is governed by these Terms and Conditions.
2.3 Where multiple clients are made within one booking the Client signing the Booking Form will be forming a contract and accepting the Terms and Conditions for themselves and any other Clients within their party or on the Booking Form.
2.4 The contract will be concluded between the Company and Client(s) when the Company issues the Booking Confirmation. Under most normal circumstances this will be upon receipt of a completed Booking Form, Questionnaire and full payment.
2.5 Unless specifically agreed in writing with the Company the minimum age limit on all activities and Expeditions is 18 years old.
2.6 The Company reserves the right to amend these Terms and Conditions. Your statutory rights are not affected.
2.7 This contract is subject to English law.
2.8 Should any court or competent authority find any part of this contract illegal, invalid or unenforceable all other parts of the contract will still remain valid and enforceable and not be affected.
3. Payments
3.1 In order to reserve a place on an activity or Expedition a 20% non-refundable deposit is required along with a completed Booking Form, unless specified otherwise on the Booking Form.
3.2 For bookings containing more than one Client, the Client who completed and submitted the Booking Form shall be liable for all those to whom the Booking Form applies.
3.3 Balance of payment is required no later than 6 weeks prior to the start of the activity or Expedition.
3.4 If a booking is made less than 6 weeks prior to an activity or Expedition full payment is required at the time of booking.
3.5 Payment is to be made by the Client who completes and submits the Booking Form. Any refunds will be made to the Client who submitted the Booking Form.
4. Booking changes and cancellations prior to the activity or Expedition
4.1 Any changes or cancellations are to be in writing from the Client who submitted the Booking Form and are effective upon receipt by the Company. In the event of cancellation by the Client the following charges apply:
More than 6 weeks before activity/ Expedition- Loss of deposit only
6-4 weeks before activity/ Expedition- 50% refund issued
Less than 4 weeks before activity- No refund
4.2 Subject to agreement by the Company, and a duly amended Booking Form and Questionnaire, the Client may transfer their place to another person subject to at least 7 days notice and a £35.00 administration charge.
4.3 All deposits paid are non-refundable.
4.4 In the unlikely event of cancellations by the Company the Client will be given the choice of an alternative or amended activity or Expedition where possible. If the Client does not wish to choose this a full refund will be given. No additional liability for compensation or expenses will be accepted by the Company.
4.5 The Company cannot accept responsibility or pay compensation where it is forced to change or cancel activities or Expeditions due to Force Majeure (for example but not limited to; war, outbreak of disease or pandemic, adverse weather events, closure of ports, unavoidable technical issues).
4.6 The Company and skipper/ instructor can make no guarantees of the itinerary and reserve the right as they see fit to adapt or curtail the activity or Expedition in the event of adverse weather conditions, mechanical issues or other circumstances beyond their control. There can be no compensation for such changes.
5. Medical
5.1 It is the responsibility of the Client(s) to fully disclose on the Questionnaire any medical conditions or other considerations which may affect their ability to take part in any aspect of the activities or Expedition. The Company reserves the right to cancel the booking and refund any sums paid if they are not satisfied with the answers provided on the Questionnaire.
5.2 If a Clients medical condition changes between completion of the Questionnaire and the activity or Expedition taking place the Client(s) must update their Questionnaire form and inform the Company as soon as possible.
5.3 The Company or skipper/ instructor is not able to dispense or administer medication including non-prescription drugs (for example anti-seasickness tablets or paracetamol), except in first aid situations. If the skipper or instructor administer first aid neither the Company or the skipper/ instructor can be held liable for the outcome.
6. General conditions during the activity or Expedition
6.1 The skipper or instructor has absolute authority and Clients agree to abide by their instructions and the Company Standard Operating Procedures.
6.2 Clients must observe a high standard of personal conduct. Illegal activity or poor behaviour of any kind will not be tolerated.
6.3 In the case where willful damage is caused to the yacht or Company property the Company reserve the right to charge accordingly.
6.4 Animals, inflammable/dangerous/ controlled/ prohibited substances or items must not be brought aboard the vessel. The Company, or person delegated by them, shall be entitled at all times to search the Client(s) personal luggage if they believe the Client(s) may be in breach of this requirement.
6.5 Alcohol is permitted aboard vessels, but it must be in moderation and the skippers word is final on when and where it can be consumed, and what is deemed reasonable consumption.
6.6 Smoking is not encouraged but is tolerated. In accordance with the law when on the vessel it must be on deck and the Company ask any smoking is undertaken over the leeward side of the vessel.
6.7 The Company reserves the right to terminate the contract during the activity or Expedition, with immediate effect and without refund, if the skipper/ instructor considers the behaviour, conduct, health, mental or physical fitness of a Client(s) is contrary to good order and/or poses a threat to the safety of themselves, others or property should they continue on the activity or Expedition as planned. In the event of a termination of contract during an activity or Expedition the company will put ashore or take the Client to a location where there are adequate transport facilities. The Client will be liable for any costs associated with this.
6.8 If a Client(s) decides to leave for any reason before the end of the activity or Expedition the Company will not be liable to pay any refund or any subsequent travel expenses incurred.
7. Liability, insurance and visa’s
7.1 The Company will be appropriately insured and licensed for the activities and Expeditions it undertakes.
7.2 It is the responsibility of the Client(s) to arrange their own travel insurance to cover cancellation, injury, medical expenses and personal belongings. The policy should include cover for offshore sailing, mountain biking and mountaineering where appropriate. The Company can advise on suitable insurance brokers.
7.3 The Client(s) are at all times responsible for their personal property whilst taking part in an activity or Expedition. Any liability on part of the Company in relation to loss or damage, however caused, is excluded.
7.4 Any property left behind after an activity or Expedition will not be the responsibility of the Company. Any property found will be returned at the Clients expense.
7.5 The Client(s) are aware and accept that the activities and Expeditions have an inherent element of risk and that the Company cannot be held responsible for any loss, damage or injury suffered to any Client(s) arising out of the activities or during the Expedition unless such loss, damage or injury was caused by, or resulted from, negligence of the Company.
7.6 Clients must have and bring with them appropriate visa’s, passports and travel documents where appropriate.
7.7 You are advised not to book any travel until you have received your Booking Confirmation. The Company cannot be held responsible for any loss of travel expenses under any circumstances.
8. Advertising and social media
8.1 Upon entering the contract the Client(s) give consent to photographs and video footage containing them being used by the Company in its advertising and social media channels. Client(s) who wish to withdraw their consent can do so by informing the Company prior to their activity or Expedition.
8.2 The Company uses a variety of advertising and marketing methods. We accept no liability for any errors in these materials.
9. Complaints
9.1 Any complaints or concerns during an activity or Expedition must be brought to the attention of the skipper/instructor without undue delay. Should the matter not be resolved to the Clients satisfaction a written complaint must be sent to the Company within 28 days of the end of the activity or Expedition.
9.2 Any written complaints will receive an acknowledgement from the Company within 5 working days of receipt and the Company will use its best endeavors to provide a full response within 14 working days.
Copyright © 2023 Sea to Peak Expeditions Ltd - All Rights Reserved.
Registered company no. 13916298
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