This agreement is made between World Travel Tours LTD, trading as “Yachting Lifestyle”, hereafter referred to as “Yachting Lifestyle” (in these terms and conditions referred to as ‘we’, ‘us’ and ‘our’) and the customer as named on the Confirmation Contract, who has signed the booking form and includes all the people on whose behalf you have signed, hereafter referred to as “the Client” or “You”.
“The Event” Means any holiday, accommodation, activity or function organised or advertised by us.
“Supplier” Means the company or person that is holding or providing the event or any part of it.
“Price” Means the total cost of the event.
- Terms and Conditions
These terms and conditions govern the contract between you and us to the exclusion of all other terms and conditions save for those implied by law, and no variation to these terms and conditions shall be valid unless in writing and signed by you and the company director.
- Formation of Contract
No contract shall arise between you and us until we have received the deposit payable and we have sent to you written confirmation (This can be in the form of an email) of our acceptance of your booking.
- Lead Name
The lead name on any booking with us accepts the full responsibility of collecting the full balance payable for the booking and indemnifies us against any loss from any individual failing to pay within your group. The lead name of the group is also responsible for ensuring that all group members are aware they are bound by our terms and conditions. The lead name is also responsible for the completion of the online guest list on behalf of all persons on the booking. It is understood that those booking via email or telephone agree to, and accept our terms and conditions.
- Payment & Deposits
Deposits are payable at the time of booking and the balance of payments are split into the following phases:
An agreed non-refundable non-transferable deposit is payable at the time of booking. The final balance is to be paid no less than forty-five days before the date upon which your event is due to start. Failure to pay by this date will result in a 15% per person late payment charge. If you do not make your deposit payments by the due dates given, then you shall be deemed to have cancelled the event. Deposits are used by us to enter into the contractual arrangements on your behalf and are non refundable. Payments can be made with a valid Credit Card or Debit Card, online bank transfers or cheque(s) made payable to us where upon receipt we will endeavour to place the booking for you at the same price, although this cannot be guaranteed. We will however notify you should there be an increase in price. If a promised cheque is not received or does not clear upon presentation, we hold the right to cancel the reservation. Non-clearing or returned unpaid cheque will incur a £10.00 transaction charge. All Credit & Debit cards are subject to a 2% surcharge to the total cost of each transaction. If you have a voucher from us only one can be used per booking.
- Cancellation by Us
We may cancel the event or any part of it:
- for safety reasons if we or our supplier(s) regard adverse weather conditions or other safety concerns as unacceptable and which cannot reasonably be overcome;
- If we reasonably believe that you may cause harm or damage to our reputation or to the reputation of our suppliers or to property belonging to our suppliers;
- If a supplier or suppliers are unable to host the event for any reason;
- If changes you wish to make to the booking mean it is uneconomical or impractical to hold the event;
- If we cancel the whole of the event, we shall use our best endeavours to rearrange the event on a mutually convenient date, or provide a refund to you of the cost to us of the event.
- We regret that some travel packages shown on our website or in our brochures can only be operated if there is sufficient demand for the same and a sufficient number of people book such travel packages. Where this is likely to be the case we will tell you at the time of booking. If there is insufficient demand and subsequent confirmed bookings, we have the right to cancel the travel arrangements in question. If we have to do so, we promise we will tell you or your travel agent as soon as we possibly can. In this situation, we will provide a refund to you of the cost to us of the event, or if possible, of the same package departing on a different date. Where we cancel for lack of numbers in accordance with this paragraph, no compensation or other amounts (for example, the cost of any connected travel arrangements you have made independently) will be payable.
Save as above, we shall be under no further liability to you for cancellation of the event or any part of it.
- Cancellation by You
You may cancel your booking within a period of seven days after the initial deposit however this initial deposit is non-refundable. All cancellations must be made in writing from the lead name on the booking. After thirty days the amount of the cancellation fee is calculated according to the date on which we receive written notice of your wish to cancel. If you cancel with us more than forty-five days in advance of the travel date, then the cancellation fee is a minimum of 50% the total booking cost. If you cancel with us within forty-five days of the travel date, then the cancellation fee is 100% of the total cost of the booking.
- Failure to Provide an Event
If, due to reasons beyond our control, an event is unable to take place due to (but without limitation); closure of premises, the ceases of trading, a change in supplier management, weather restrictions, we will provide you and your group with an alternative event and if this is does not prove possible, a refund to you of the cost to us of the event.
If your booking includes accommodation, the named accommodation will remain confidential to us and only be disclosed to you upon receipt of the completed secondary deposit and written confirmation from the supplier.
Breakfast is not included with accommodation bookings unless otherwise stated. The type of breakfast you will receive will be confirmed upon arrival at your accommodation (this may be hot or cold regardless of your quotation). Restaurant meals may require a pre-order to be completed by the lead name of the group. This should be completed and returned to us, or the venue as required. If a pre-order has not been completed, we accept no liability for meals not provided or delays in providing the meals for you. You will not automatically be sent any menus and menus may be of limited choice from a set-menu for groups. We will endeavour to meet any specialist dietary requests for any member of your group, but can not guarantee these requests. We accept no liability if our suppliers are unable to meet these requests in advance, or once at the venue. If your group arrives late then we accept no liability.
- Alterations + Surcharges Applied By Us
If due to circumstances beyond our control it becomes necessary to substitute an alternative supplier, or make any other alterations to the event (including accommodation) we shall inform you of the changes as soon as possible. You must pay any additional cost due to such changes. If the changes are, in the view of us, so substantial as to materially alter the event and you are unwilling to accept them then you may cancel the event and we will give a refund of the cost of the event to us. Surcharges may be applicable where an event requires a minimum number of participants to proceed, and the group does not meet this minimum number. This could lead to the cancellation of the event of which we are not held responsible and alternatives may be offered of an equal or greater value. If this value is greater, then you must pay us the difference in price. If the final number of a group is an odd number, then a single supplement surcharge will apply if the booking or an event (including accommodation) which is number dependent.
- Alterations made by You
We shall try to accommodate any reasonable changes you wish to make to the event. Alterations and amendment requests should be made with us and not end suppliers and should be made in writing to us by the lead name. These changes shall not be deemed accepted until we have confirmed in writing to you. If you wish to increase or decrease the number of persons participating in the event, you may do this up to six weeks prior to the date upon which your event is due to start. Amendments after that date will incur our administration charge of 25% per person. Changes such as arrival / departure dates and destination changes will also be subject to our administration charges. We cannot guarantee that the change to the price will be pro-rata, but will depend upon the arrangements we are able to make with our suppliers. Subject to our written agreement you may transfer your booking to a person who satisfies all the conditions applicable to the event.
- Your Obligations
You shall at all times behave in a safe, responsible and courteous manner; comply with all instructions; regulations and codes of practice issued by us or our suppliers; ensure that you comply with all age restrictions imposed by our suppliers; ensure that you comply with all arrival times, and dress appropriately for the event. If you breach these obligations, we may cancel or curtail the event or any part of it and in those circumstances you shall not be entitled to any refund. You shall take out insurance suitable for your needs (including delays for events involving travel by land, sea, or air) before the event.
- Our Obligations
We shall take reasonable care and skill in arranging the event and comply with all applicable laws in relation to the event; where ever possible, re-schedule the event instead of cancelling or offer a refund to you of the cost to us of the event. All of the photographs and illustrations we use on our website and in literature (including quotations) we send you are for marketing purposes and may not entirely represent the actual products received.
13.1 Health and fitness precautions
Most of the activities included within our holidays require a certain degree of physical fitness. It is your responsibility to ensure that you have the levels of fitness required for any particular activity that you choose to take part in. If you are in any doubt, please consult your GP before departure. We, and those retained by us to supervise any activities, have an absolute right at any time (even after an activity has commenced) to prevent you from undertaking any particular activity, if we reasonably believe that you do not possess the necessary levels of fitness. In such circumstances we shall not be liable for any losses or compensation arising.
You must provide us with full details of any existing medical or physical problem (including unusual height or weight) or disability that may apply to any member of your group and which is likely to affect your ability to take part in some or all of the activities forming part of your holiday (including, in particular, any accommodation requirements or difficulties that may be encountered in accessing buildings) at the time of booking. If in our reasonable opinion, any particular activity or arrangements are not suitable for the medical or physical problem or disability or you are not travelling with someone who can provide all assistance that may be required, we have the right to refuse to accept the booking or you may not be able to participate in certain activities, in which event we shall not be liable for any losses or compensation arising.
If you do not give us full details of any medical or physical problem or disability at the time of booking and/or promptly inform us of any adverse change to or a new medical or physical problem or disability that arises after booking, then we can also cancel the booking when we find out the full details if, in our reasonable opinion, the arrangements are not suitable in the circumstances. If we cancel in this situation, cancellation charges as set out in Section 6 must be paid by the person concerned.
13.2 Acceptance of risk
As with all sporting activities, the nature of the holidays we provide and activities you may choose to participate in, involve a degree of personal risk. You recognise that many activities, such as biking, sailing, diving, and water skiing are activities with a danger of personal injury or death. Due to rough terrain and uneven surfaces on land and the dangers associated with the sea and seabed, the natural environment can, at times, be hazardous. By entering a contract with us, you accept these risks and you must take responsibility for your own actions. Although, we or our suppliers may provide instructions and tuition to you as part of the arrangements you book, which will look to minimize these risks, your booking is accepted by us on the basis that you understand and accept the risks involved in physical activities. If at any time you or a member of your party feels uncomfortable or unprepared to take part in or carry on with an activity during your holiday, an instructor should be advised immediately. You are under no obligation to take part in or complete activities that form part of their holiday booking.
It is a condition of our contract with you that you have suitable insurance cover for the holiday you have booked (including all activities forming part of it or which you expect to take part in whilst away). If you are in any doubt as to the nature of insurance that you should obtain, please contact us for guidance.
You are responsible for ensuring that you and all other persons included in the booking satisfy all passport, visa, travel insurance and health certificate requirements and we accept no responsibility for any refusal of travel or entry into any destination or for any liabilities, losses, delays or expenses incurred through any irregularity in such documentation. If you have any queries with regard to documentation and insurance requirements you must raise them with us or your travel agent well in advance of travel commencing. In the event we are asked to re-issue tickets that have been lost, destroyed or stolen and we agree and are able to do so, any charges incurred as a result of this will be payable by you.
13.5 Special requests
If you have a special request, we will do our best to help, but we cannot guarantee it except as set out below. Please advise your travel agent or us (if booking direct) of your request at the time of booking and make sure that we are given as much detail as possible. If your special request is vital to your travel arrangements, it must be specifically agreed with us in writing before or at the time you book. We promise to comply with any special request which we have specifically agreed and confirmed in writing. General confirmation that a special request has been noted or passed on to the supplier or the inclusion of a special request on any confirmation invoice/receipt/e-mail or on the acknowledgement of your booking or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed in writing all special requests are subject to availability. If any additional cost is applicable, it will either be invoiced to you prior to your departure or should be paid for locally.
We want all our customers to have an enjoyable, carefree holiday but you must remember that you, and all members of your party, are responsible for your actions and the effect they may have on others. If we, or another person in authority, reasonably believe:
(a) your actions could upset, annoy or disturb other customers, our suppliers or our own staff, or put them in any risk or danger, or damage property; or
(b) you are unfit to travel;
then we may end your holiday and terminate our contract with you and all members of your party. You and all members of your party may be prevented from using your booked accommodation, transport, and any other services and activities forming part of your booking. In such circumstances we will not be liable for any refund, compensation or any other costs you or any member of your party may have to pay. Alternatively, and in our absolute discretion, you may be permitted to continue with your holiday but may have additional terms of carriage or restrictions imposed upon you.
In addition to the above and the effect your actions may have on others, you must take responsible for your own safety and those around you and for maintaining the condition of the property you occupy. To the extent that the law permits, we are not responsible for any accidents which occur in or around swimming pools or other similar facilities due to your inappropriate or irresponsible behaviour or for any accidents which occur anywhere on properties arising from such behaviour.
We appreciate that you may well drink alcohol as part of your enjoyment. You must, however, do so responsibly and, to the extent that the law allows, we will have no liability (or our liability will be limited) to you for any injury, loss or damage you suffer as a result of your judgment being impaired wholly or partly by alcohol.
We will hold you and the members of your travelling party jointly and individually liable for any deliberate or reckless damage to the accommodation, furniture, facilities or equipment located within your accommodation or used as part of any activities, together with any legal costs we incur in pursuing a claim. It is your duty to report any breakages, defects or damage to an appropriate person immediately.
If your behaviour or the behaviour of any members of your travelling party causes any transport means to be diverted, we and/or the carrier will hold you and those members jointly and individually liable for all costs incurred as a result of that diversion. We cannot accept liability for the behaviour of others in your accommodation or flight, or for any facilities/services withdrawn as a result of their action.
- Customer Feedback
If you have a problem whilst on your booking then you must contact the appropriate person(s) at the earliest opportunity, for example accommodation / restaurant manager. Unless there is a valid reason why you did not report your problem to the appropriate person(s), we will not consider ourselves liable for those complaints. If they are unable to resolve matters to your satisfaction, then you must write to us within two days of the conclusion of the event. No complaint will be accepted outside of this time frame thus deeming you fully satisfied with all aspects of the event and the services we have provided to you. We will acknowledge any correspondence within two days and endeavour to deal with the complaint as quickly as possible.
- Contracts (Rights of Third Parties) Act 1999
No part of this agreement shall confer on any third party any benefit or right to enforce any terms of this agreement.
- Free Place Promotion
Where offered, one free place shall be allocated to both parties (more than one group booking) as long as each booking meets the minimum required numbers stated on the individual booking(s) paying the full per person price. Both groups must pay in full (based on the minimum requirements) in order for this promotion to apply.
This agreement shall be construed in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to deal with any disputes arising between you and us or our suppliers.
- Information and prices
We publish brochure and website information many months in advance and, as far as we know, all information is correct at the time of publication. However, things may still change after publication and we check regularly to see if we need to update or correct any information or prices. If there are any significant information changes or we find any mistakes, we will put details on our computer reservation system or website so you will receive the latest information when you make your booking. We make every effort to ensure all our pricing information is accurate but occasionally, regrettably, mistakes do happen. Where a price is obviously wrong due to an error, we reserve the right to cancel or amend the booking.
Descriptions of accommodation, facilities, services and itineraries we provide are based on information obtained from our suppliers. Sometimes the facilities described, such as air conditioning, swimming pools or equipment for activities (for example, a particular dinghy, bike or windsurfer), will be withdrawn for reasons such as maintenance, bad weather or lack of demand from guests. Where our suppliers advise us about significant changes to descriptions or about the withdrawal of any significant facility, we will tell you as soon as possible. Some activities, for example, scuba diving, water sports or golf, where not directly provided by us, or facilities such as restaurants, may not be available at all times and are normally managed by independent local operators. We have no control over their availability or prices. Outside the peak season it is common for facilities and services to be less widely available, both in your accommodation and holiday resort/destination generally. Some activities or facilities may not be available all year round. Any transfer times we quote for travel between airport and resort are approximate and, depending on circumstances, the journey time to your own chosen property may be longer.
- Changes to these Terms and Conditions
We may need to make changes to these terms and conditions. Any changes can only be made by us and not any third party member. We reserve the right to amend or improve these terms and conditions without prior notification. When it is necessary for changes to be made, we will forward you a copy of these changes and all reservations will abide by the amended terms, with the exception of reservations already made.