Conditions of Use

Before booking please read these terms and conditions carefully.  As with many activity holidays, there are some restrictions on who can sail with us.

To complete and confirm your booking, you need to be able to answer yes to the following statement. 
'I declare that to the best of my knowledge, I am not suffering from any disability, epilepsy, diabetes, dizziness, asthma, angina or other heart condition. I am medically and physically fit to participate in the voyage. 

For physical fitness we require that you are able to climb on and off the boat from the pontoon, in and out of the dinghy, and (although it may not be required) into a top bunk.  If you are already a sailor this will make absolute sense, if you are new to boating these are normal fitness requirements.  If you are not able to fulfill these criteria, your safety on board may be compromised and so we will not be able to sail with you. 

Please also note our age limits in section 12

1 Your Contract
The contract is between Velvet Adventure Sailing Limited ‘the Company’, and all persons (or any of them) named on the booking form. All contracts and matters arising from them are subject to English Law and the exclusive jurisdiction of the English Courts.

2 Booking and Deposit
To make your booking we require a completed booking form and a non-refundable deposit of 25% of the price of the Adventure. When the booking is made less than 56 days before the start of the Adventure, payment for the full balance is required with the booking. The booking form and deposit may be submitted via our website or alternatively taken over the telephone or via email. The person who completes the booking form accepts responsibility for payment for all the persons named on the booking form, and is responsible for keeping all party members informed as to the booking details. A contract is made when we accept your booking and send you our written confirmation (by post or email). The Company and its agents reserve the right to decline any booking at their discretion.

3 Balance of Payment
We hold your deposit towards the full cost of the Adventure. An invoice will be issued stating the outstanding balance. This balance is due 56 days before the start of the Adventure; this date will be stated on the invoice. If you do not pay the full cost within the time specified the Company reserves the right to cancel the booking and cancellation charges will apply as set out in paragraph 6

4 Our Prices
Prices shown in our brochure and/or on our website are believed to be correct at the time of publication. We reserve the right to change prices from time to time. Accordingly it is possible that when you book your Adventure the actual price may have gone up or down. If the price of your Adventure has changed, the correct price will be confirmed at the time of booking. We reserve the right to amend any information, including prices at any time prior to the price being confirmed in the booking confirmation. Once you have made your booking and paid a deposit (or full payment if applicable) and the price has been confirmed in the booking confirmation, we do not foresee any circumstances where we might be obliged to make additional charges or refunds.
Included in our price
Your berth aboard the yacht for the duration of the Adventure
All meals provided on board
All yacht related costs including fuel and port charges
Yacht insurance to cover any major damage to the yacht or its equipment
Use of safety harness and lifejacket
Use of foul weather clothing (excluding sea boots)
Not included in our price
Flights and transfers to or from the points of embarkation and disembarkation from the yacht.
Trips, Excursions and related costs, such as food and drink or accommodation ashore, arranged by you or by the Company or its agents, prior to, during or after your Adventure.
Personal use of yacht communications
Personal travel Insurance
Visas, vaccinations, passport and other incidental charges

5 Payment Methods
Debit and Credit Cards
You may pay online or over the phone using a debit or credit card.
Direct Bank Transfer
Please contact us for details for use with direct bank transfer

6 Cancellation or alteration by you.
If you wish to alter your booking at any point prior to departure, we shall endeavor to make the necessary changes but cannot guarantee to do so. We must receive your request in writing but do please email or phone us as soon as possible. All requests for cancellation or alteration are subject to the following terms;
a.) You may transfer your booking to another person provided that request for such a transfer is received by the Company prior to 28 days before the start of the Adventure. The request must be accompanied by full booking details in the name of the person to whom the Adventure will be transferred. The Company reserves the right to decline any request for transfer at its discretion. Any request to transfer your booking to another person made less than 28 days before the start of the Adventure will not normally be accepted. An administration fee of £25 will be charged plus any cost imposed by the companies suppliers.
b.) Subject to availability and by written request, you may transfer from your booked Adventure to another Adventure offered by the Company, at any time prior to 56 days before the start of the Adventure. An administration fee of £25 will be charged plus any cost imposed by the Company’s suppliers. If there is a difference in price between the original booked Adventure and the Adventure you transfer to, you must pay any increase and the Company will refund any decrease (less the administration fee). You may transfer from one Adventure to another only once.
c.) Cancellation of a booking must be notified to the Company in writing and the effective date of cancellation is the date that the Company receives such notification. If you serve notice of cancellation or fail to pay at the specified times the amounts specified in the invoice, you will be liable to pay cancellation charges. The cancellation charges are calculated as follows;
No of days prior to Adventure   Charge payable
More than 56 days     deposit (25%)
28 - 56 days     50% of Adventure cost
14 - 27 days     80% of Adventure cost
  7 - 13 days      90 % of Adventure cost
Less than 7 days    100% of Adventure cost

7 Cancellation or alteration by the Company
The arrangements for our Adventures are made many months in advance and it is sometimes inevitable that changes may become necessary. The Company reserves the right to change or cancel an Adventure at any time for any reason. In the event that we are unable to provide the booked Adventure arrangements and have to change them prior to the start of the Adventure, you will be given the choice of accepting the change or terminating your booking. If you choose to terminate your booking you will be given the choice of choosing an alternative Adventure or receiving a full refund of the money you have paid. 

Major Changes
Occasionally we may need to make major changes to an Adventure; examples of such changes may include but are not limited to;
A delay representing more than 10% of the total Adventure
Change of the number of nights of an Adventure
A change in the port of embarkation or disembarkation, necessitating a change in arrival or departure airport.

All other changes will be classed as minor. The Company will make reasonable efforts to keep you informed of any such changes.
In the event of a major change within 56 days of the start of your Adventure you will be given the choices set out above, in addition you will be entitled to compensation as detailed below;

Days before start of Adventure    Compensation per person
More than 56 days       nil
28 – 56 days        £15
14 – 27 days        £25
Less than 14 days      £40

Force Majeure
No Compensation will be paid, and no liability beyond offering the above mentioned choices, can be accepted where we are forced to make a change as a result of unusual or unforeseen circumstances beyond our control, the consequences of which we could not have avoided given all due care (including but not limited to outbreak of hostilities, civil commotion, riot, riotous assembly, storm, hurricane, gales, lack of wind, tempest and acts of God), or for cancellation of a Adventure for purposes of consolidation with another Adventure.
Please note no compensation is payable for minor changes. A minor change is any change, which we could not reasonably expect to have a significant effect on your confirmed Adventure. Minor changes do not entitle you to cancel or change to another Adventure without paying our normal charges.

 8 Limitation of liability
a) The Company will accept liability for negligence of its staff causing your bodily injury or death only to the extent that it is obliged to under English law. The Company shall not (subject to any statutory requirement to the contrary) be liable for any injury, death, loss or damage caused by other passengers, nor will it be liable for any uninsured losses of your property, nor for any illness, injury or death sustained during any Adventure.
b) You shall not be entitled to any refund or compensation in the event of withdrawing during your Adventure, due to health, personal or other reason. If you withdraw prior to the Adventure the cancellation charges shall apply.
c) No responsibility can be accepted for variations in standards of services or facilities generally which occur after the issue of the Company’s programme or due to causes beyond the Company’s control.

9 Excursions and Activities
We may provide you with information (on our website, in our brochure and/or when you are on an Adventure) about activities and excursions that are available in the area you are visiting. We have no involvement in any such excursions or activities, which are neither run, supervised nor controlled in any way by us. They are provided by local third parties who are entirely independent of us. They do not form part of any contract with us even when we suggest particular excursions or operators or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions.

10 Authority
You agree to accept the authority, decisions and instructions of the Company’s employees, skippers and agents during your Adventure. At all times the decision of the skipper will be final on all matters. You must adhere to instructions issued to you by the skipper. Although the skipper will try to meet any reasonable request to visit specific places, there is no guarantee, and the route taken is entirely at the discretion of the skipper. If the skipper decides that the yacht shall not sail at any time, or should return after departure, due to the nature of the weather or to a defect of the yacht or its equipment or the indisposition of any crewmember or passenger, the skipper’s decision will be final.

If you commit an illegal act or disregard the cultural customs in any country visited, you may be excluded from the Adventure and the Company shall have no responsibility to or for you or for cost of repatriation. In addition, should you interfere with the wellbeing of the crew or other passengers, through disruptive or difficult behavior, the skipper has full authority to dismiss you from the yacht. In such an event you will have no recourse to any refund.

11 Flexibility
Velvet Adventure Sailing Adventures are of an adventurous nature. You must appreciate and acknowledge that your Adventure requires considerable flexibility. The outline itinerary, including routes, schedules and other parts of the Adventure will be subject to factors beyond our control, occurring at short notice, such as local and/or national circumstances or events, indisposition of the skipper and/or crew, defects in the yacht, or its equipment, entry or customs difficulties, climatic and other unpredictable or unforeseeable circumstances.

12 Age limit
Normally you must be aged between 18 and 65 years at the start of your Adventure. Where a group books the entire yacht the lower age limit may be dropped to 12 years at the discretion of the Company provided that a legal Parent/Guardian is also on the same Adventure. If you are a sailor and have been sailing in the past 3 years we may be able to raise the upper age limit to 70 on restricted trips.  Please contact us before booking.

13 Health and Fitness requirements
a) Sailing can be a dangerous activity and requires an average level of fitness and good health. It is your responsibility to ensure that you obtain proper and detailed medical advice before booking.

b) We require you to be able to declare that to the best of your knowledge, you are not suffering from any disability, epilepsy, diabetes, dizziness, asthma, angina or other heart condition.  We also require you to inform us before booking if you suffer from multiple sclerosis, claustrophobia or depression

c) For physical fitness we require that you are able to climb on and off the boat from the pontoon, in and out of the dinghy, and (although it may not be required) into a top bunk.  If you are already a sailor this will make absolute sense, if you are new to boating these are normal fitness requirements.  If you are not able to fulfill these criteria, your safety on board may be compromised and so we will not be able to sail with you.

d)Clients with other medical problems, pregnant women and anyone who has recently visited other countries, should check requirements with their GP.

14 Travel requirements
a) Travel Insurance cover is mandatory. In case of a medical problem arising during the voyage, either onboard or on shore, which results in medical expense including but not limited to costs for evacuation with use of aircraft and repatriation, the responsibility for payment of these costs belongs solely to the individual concerned. The Company requires that you ensure that such eventualities are covered by travel insurance for every member of your party. If for any reason an incident is not covered by travel insurance the responsibility still remains with you and the Company specifically decline any responsibility whatsoever.
Be aware that a normal travel policy may not cover you for some geographical areas and there may be exclusions for what they describe as ‘hazardous sports,’ which may include sailing, climbing, and diving (especially in remote areas). Unless this is crystal clear with your own insurance company or with a policy you take out, please contact us and we will be happy to assist. Evidence of your policy is required and will be requested.
b) It is the responsibility of each traveler to ensure they have a valid passport and visa(s) and any inoculations and vaccinations and certificates which may be necessary.

15 Complaints
If you have a complaint against the Company, you must first inform the skipper or any other Company representative present during your Adventure, so that action can be taken to remedy the problem. If you are not satisfied with the response you should notify the Company in writing within 21 days of the end of your Adventure.

Velvet Adventure Sailing Ltd.  A Company registered in England and Wales No 5882038
Registered Office: Hedge House, Hangersley Hill, Ringwood, Hampshire, BH24 3JW
VAT No 896 0095 91

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