Yacht Ibis Booking Terms & Conditions

[box_warning]Please read Yacht Ibis Booking Terms carefully. We want to ensure two things happen when you choose to book with Yacht Ibis. First, we want you to book the Trip that is right for you. Secondly, we want you to enjoy a memorable Trip, which provides you good value for money.[/box_warning]

The Yacht Ibis Booking Terms spell out our obligations to you and your commitments to us when you book a Holiday with us and, together with the information contained in our brochures and/or website, forms the basis of our Contract with you. Where in these Booking Terms we refer to “we”, “us” and “our”, this means Yacht Ibis. References to ‘you’ and ‘your’ means all persons (or any of them) named on the Booking Form (including anyone who is added or substituted at a later stage).

1. Definitions

Holiday/Trip – the booking you make with Yacht Ibis covering the time of pick up from the Arrival Point to drop off at the Departure Point.

Arrival Point – this may differ from Holiday to Holiday but, unless otherwise specified on the Booking Confirmation, is the airport indicated on the Web Page for the Holiday concerned.

Trip Start Date – this may differ from Holiday to Holiday but, unless otherwise specified on the Booking Confirmation, is the arrival date indicated on the Web Page for the Holiday concerned.

Departure Point – this may differ from Holiday to Holiday but, unless otherwise specified on the Booking Confirmation, is the airport indicated on the Web Page for the Holiday concerned.

Trip End Date – this may differ from Holiday to Holiday but, unless otherwise specified on the Booking Confirmation, is the departure date indicated on the Web Page for the Holiday concerned.

Web Page – the itinerary and further information relating to a particular Holiday set out on the Website for each Holiday.

Website – all web pages associated with the domain www.yachtibis.com.

Booking Form – the electronic and/or paper based Booking Form.

Booking Request – submission of an online or paper based Booking Form by you, requesting to book a Holiday.

Reservation Acknowledgement – email and/or paper based (faxed/postal) response issued by Yacht Ibis to confirm receipt of a Booking Request.

Booking Confirmation – email and/or paper based (faxed/postal) response – usually a financial statement – issued by Yacht Ibis to confirm that a Deposit has been received from you in relation to a Booking Request which constitutes a confirmed booking accepted by both parties and the initiation of a Contract.

Invoice – the paper based document issued by Yacht Ibis on receipt of your Booking Form setting out the price associated with the Contract.

Invoice Reference – the unique identifying number of your Invoice.

Deposit – the initial payment of a minimum of 50% of the total price of the Holiday to initiate a Booking Confirmation for the places requested in the Booking Request.

Contract – see Clause 4.3.

2. Validity of Information

All information contained on our website or which is otherwise produced or published by us is based on information available at the time of publication. We reserve the right to change any website or other information before your booking is confirmed and the amended information will then form part of your contract with us. If any part of these Booking Terms is found to be unfair or unreasonable, the remaining terms will still be valid. Whilst every effort is made to ensure the accuracy of our information, we reserve the right to amend any information including prices prior to confirming your booking. You must ensure you check all details of your chosen Holiday (including the price) with us at the time of booking.

The information we provide is the sole responsibility of Yacht Ibis. It is not issued on behalf of any other operating companies.

3. Validity of Prices

3.1 Alterations to Prices
Prices shown on our Website are believed 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 holiday the actual price may have gone up or down. If the price of your holiday 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.

3.2 Price Promise
Once you have made your booking and paid a deposit (or full payment, if applicable) and the price of your chosen holiday has been confirmed by your Booking Confirmation and Invoice, subject to the terms set out in this document (Booking Terms), we currently do not foresee any circumstances where we might be obliged to make additional charges or refunds. Should such potential circumstances arise in the future we will amend our Booking Terms accordingly. The Booking Terms forming part of your contract with us on the date of issue of your Booking Confirmation and Invoice will apply unless specifically agreed in writing with you otherwise.

4. Bookings and Your Contract with Us

4.1 How to Book
Bookings can be made in the following ways:
• By email

4.1.1 Booking by Email
If you email us to book your Trip we will send you a Booking Form for the Trip and reserve the number of places that you request. This Booking Request will be held for 7 working days. You will complete the Booking Form, print it, sign it and scan it to an email and/or fax it back to us.
You need to return the signed Booking Form by email within 7 working days. On receipt of the Booking Form we will issue you, by email and/or fax, with an Invoice. Your booking will be taken as confirmed in respect of all persons named on your booking and a binding Contract between us will come into existence when we confirm clearance of your remitted funds into our bank account send our formal Booking Confirmation and financial statement. Prior to doing so, we will send you, by email and/or fax, a Reservation Acknowledgement. Any such acknowledgement simply confirms that we are dealing with your Booking Request and is not a confirmation of it.

The Contract is between you, the main booking form signatory, and us, Yacht Ibis.

If we do not receive a signed Booking Form and/or are unable to clear your Deposit payment through our bank account within 10 working days of receiving your signed Booking Form, we will assume that you no longer wish to book the Trip and will cancel your Booking Request.

4.2 Age Restrictions for Bookings
We can only accept a booking if the lead name is a minimum of 18 years on or before the date of departure.

4.3 The Contract
4.3.1 Contractual Documents
The contract between us comprises the following:
•Booking Form
•Yacht Ibis Booking Terms
•Booking Confirmation and Invoice
•Details of your chosen Trip as outlined in the relevant Web Page

4.3.2 Checking Your Contract
You should read and ensure you understand all of the above documents (raising any queries you may have with us) once you have received your Booking Confirmation. By submitting your Booking Form, you will be regarded as having had the opportunity to have read and understood our Booking Terms, and to have actually done so before a Contract between us came into existence. If you are booking a late/special offer holiday, any extra information and Booking Terms that apply to the late / special offer holiday will also be part of your Contract. If in doubt, you should check with us.

Please check your Booking Confirmation & Invoice together with all other documents we send you as soon as you receive them. Contact us immediately if any information which appears on the Booking Confirmation & Invoice or elsewhere appears to be incorrect or incomplete, as it may not be possible to make changes later. We regret we cannot accept any responsibility if we are not notified of any inaccuracies in any document within ten days of our sending it out. We will do our best to rectify any inaccuracies notified outside these time limits, however, you will be responsible for any costs and expenses involved in doing so except where we made the mistake.

4.4 Special Requirements
If you have a Special Requirement, we will do our best to help, but we cannot guarantee it except as set out in this document. Please advise us of your Special Requirements at the time of submitting your Booking Form and make sure that we are given as much detail as possible. If your Special Requirement is vital to your holiday, it must be specifically agreed by us in writing (email and/or paper based) before we issue your Booking Confirmation. We promise to comply with any Special Requirement which we have specifically agreed in writing as set out in this clause.

General confirmation that a Special Requirement has been noted or the inclusion of a Special Requirement on your Booking Confirmation and Invoice or on the Reservation Acknowledgement or any other documentation is not confirmation that the Special Requirement will be met. Unless and until specifically confirmed in writing by us, all Special Requirements 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.

If you, or a member of your party, are disabled or infirm, you are advised to speak with one of our representatives, who will be pleased to give you guidance on the support we may be able to offer.

5. Payment

5.1 Deposit
You must pay a Deposit of 50% of the total price of your booking immediately following your Booking Request. If your Booking Request is submitted to us within six weeks of your Trip Start Date, you must pay the full cost of your Holiday immediately following your Booking Request. For insurance requirements – see clause 6.

5.2 Payments on Account
Our Booking Confirmation and Invoice will show the total price you must pay for your booking. If any additional charge becomes payable (for example costs relating to Special Requirements requested by you), a revised Invoice will be sent to you showing that charge. You may make payments against your Invoice at any time prior to six weeks before the Trip Start Date using the methods outlined in Section 5.5.

5.3 The Balance of Your Payment
We must receive the full cost of your Holiday (less any Deposit(s) which you have already paid) no later than six weeks before the Trip Start Date or within seven days of the Invoice date, whichever is later.

5.4 Payment Not Received On Time
If for any reason the full cost of your Holiday is not received by us on time, we will write and tell you that the payment is overdue. If it is still not received by us within 7 days of the written reminder being sent out, we will be entitled to treat your booking as cancelled by you and to apply the cancellation charges set out in clause 7.1.7. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in clause 7.1.7 depending on the date we reasonably treat your booking as cancelled.

5.5 How to Pay
We can accept payment in the following ways, listed in order of our preference:

5.5.1 Direct Bank Transfer
You can make a full or part payment of your Deposit and/or Invoice using direct bank transfer into our preferred account; details will be provided to you in an email as part of your Reservation Confirmation.
Please state your Invoice Reference with your payment(s). All payments towards your Invoice should be made at least six weeks prior to your Trip Start Date.

5.5.2 Credit Card Using PAYPAL
Please make payments using the link we will provide you in an email as part of your Reservation Confirmation. There is a 3.5% processing fee for using this payment method.

Please state your Invoice Reference with your payment(s). All payments towards your Invoice should be made at least six weeks prior to your Trip Start Date.

6. Travel and Personal Accident Insurance

Adequate and appropriate travel insurance is essential for your protection. Unexpected events can lead to unavoidable cancellation or disruption of holidays which can involve you in substantial charges. Illness or personal accident or loss abroad can be costly at best.

Each member of your party must have a holiday insurance policy which provides adequate personal accident and travel insurance cover before we will accept you onto any of our vehicles. It is your responsibility to ensure that the insurance cover you purchase is adequate and appropriate for the particular needs of you and your party. Please read your policy details carefully and take them with you on holiday. We do not check alternative insurance policies.

If you do not take out adequate insurance and/or cannot provide us with details of your policy at your Arrival Point you will not have met with the Booking Terms and we reserve the right to treat your booking as cancelled by you and to apply cancellation charges as shown in clause 7.1.7 of these Booking Terms. We will remind you of your obligation to take out insurance as required by this clause at the time of Booking Acknowledgement, with your Booking Confirmation and before we cancel your holiday.

7. Changes to Your Holiday

7.1 Changes to Your Holiday by You
Should you wish to change your holiday arrangements in any way we will do our best to meet your wishes. Change requests must be submitted and agreed by us in writing. The following charges will always apply:

7.1.1 Changing a Party Member
If you or anyone included on your Booking Form is unable to go for any reason or decides that he/she does not want to take the Holiday, you should be able to transfer the whole booking or the place on the booking of the person(s) concerned to someone else/other people suggested by you and acceptable to us providing you meet the following requirements:

(a) You must write to us with full details of who cannot or does not want to go on the Trip and who you would like to go instead. We must receive this information at least 14 days before the Trip Start Date.

(b) If the change can be made, you will have to pay an amendment fee of $50 per person named on the booking together with any extra costs we incur in order to make the change.

(c) Everyone who goes on a Holiday in place of anyone who was originally due to travel must agree to these Booking Terms and any other requirements which apply to the Trip before the change can be finalised. If the full cost of the Holiday should already have been paid when the change is requested but has not been, this must also be paid before the change can be finalised.

7.1.2 Additional Party Members – Whole Boat Bookings
Where you have booked the “whole boat”, additional party members can be accommodated up to our maximum of 6 persons. Where additional party members are confirmed and paid for more than six weeks prior to your Trip Start Date, the group booking discount will apply. We will issue a revised Booking Confirmation and Invoice which must be settled six weeks prior to your Trip Start Date

Where additional party members are confirmed less than six weeks before the Trip Start Date, the full price for the Trip will apply. We will issue a revised Booking Confirmation and Invoice which must be settled within 7 working days of issue.

7.1.3 Additional Party Members – Individual Bookings
We normally accommodate a maximum of 5 persons on each Trip unless a “whole boat” is booked. Provided there are vacancies on the Trip you have booked we are delighted to accommodate additional members of your party. Where additional party members are confirmed and paid for more than six weeks prior to your Trip Start Date, any group booking discount will apply. We will issue a revised Booking Confirmation and Invoice which must be settled six weeks prior to your Trip Start Date

Where additional party members are confirmed less than six weeks before the Trip Start Date, the full price for the Trip will apply. We will issue a revised Booking Confirmation and Invoice which must be settled within 7 working days of issue.

7.1.4 Reduction in Party Members
Any reduction in party size you make will be treated as a cancellation by you and we will make a cancellation charge as set out in clause 7.1.7 below for each person cancelling.

Where you received a discount based on the number of people booked and one or more of your party cancels with the affect that the discount is no longer applicable, the price will be recalculated on the basis of the new number of people going. We will then send you a new Booking Confirmation & Invoice. Any increase in what you have to pay as a result of this change will not be covered by your travel insurance policy as it is not a cancellation charge.

7.1.5 Changing your Trip
You may only transfer your booking to an alternative Trip at no additional cost if your request is received and agreed by us in writing more than 12 weeks prior to your Trip Start Date and providing there are sufficient vacancies for your party on the new Trip you are requesting. If your request is received less than 12 weeks before your original Trip Start Date then cancellation charges will apply as set out in Section 7.1.7 and the new Trip must be booked separately.

You will not be permitted to change from one of our full price Trips to one of our Late Availability or Special Offer Trips advertised on our website.

7.1.6 Late Changes
If you change your arrangements once your Holiday has started then we accept no liability or responsibility whatsoever for the cost of accommodation not taken or travel arrangements not used. No refunds will be given in these circumstances.

7.1.7 Cancellation of Your Holiday by You
If you wish to cancel all or part of your booking, the person who made the booking must write to us or send an email. We will cancel your Trip on the day we receive your communication. If some or all of your party cancel their Trip or we are entitled to treat your booking as cancelled by you in accordance with these Booking Terms, we will levy a cancellation charge on the scale shown in the table below. These charges are based on the estimated cost of cancelling your Holiday and the expenses and losses we are likely to suffer if we cannot resell the Holiday.

No of days before your Trip Start Date we receive your written cancellation or we cancel as mentioned above amount you must pay per person cancelling:

More than 42 days Deposit
29 – 42 days 50% of Holiday cost* or the deposit if more
23 – 28 days 70% of Holiday cost* or the deposit if more
16 – 22 days 80% of Holiday cost* or the deposit if more
4 – 15 days 90% of Holiday cost* or the deposit if more
Within 3 days of departure or after 100% of Holiday cost

” Holiday cost” does not include any handling/amendment fee, or other costs paid if you changed your booking, which are not refundable in the event of your cancellation. Please also see clause 4.4 above.
If the reason for your cancellation falls within your insurance cover, you should be able to claim a refund of your cancellation charges from the insurance company less any applicable excess.

7.2 Changes or Cancellation of Your Holiday by Us
7.2.1 Significant Changes to Your Trip
Although it is unlikely, we may occasionally have to change your Holiday arrangements as they are made well in advance, and we reserve the right to do so. For instance, a marina may be undergoing significant repairs and prevent us from taking up our booked place, or our yacht(s) may require urgent repairs and must be substituted with a rented alternative. However, we promise that we will not make any significant changes (as described below) to your confirmed Holiday arrangements less than 14 days before departure unless we are forced to do so as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care (examples of which are contained below).

If we have to make a significant change (as described below) to your arrangements, we will give you a minimum reduction or compensation of at least the amounts shown below depending on the exact circumstances and the date the change is made. A significant change is a change made before your Trip Start Date, which we could reasonably expect to have a significant effect on your confirmed Holiday.

The following changes are examples of significant changes:

•A reduction in the number of nights of your holiday.
•A change of your on board accommodation to a lower accommodation standard than that advertised, for the full duration of your stay.
•A change of your Trip Start Date and/or Trip End Date (see below).

If we have to make any significant changes we will tell you as soon as reasonably possible. If there is time to do so before your Trip Start Date you can then choose to:

•accept the changed arrangements or take the reasonable alternative Holiday we offer you (if this is less expensive than your original Holiday, we will refund the difference but if it is more expensive we will not ask you to pay more). If you decide not to take the alternative we specifically offer you, you may purchase any other available Holiday from us at the applicable price, or
•cancel your Holiday (clause 7.2.2 applies).

If you wish to cancel your Holiday or accept the reasonable alternative we offer you as a result of a significant change, you must tell us within the time mentioned when we notify you about the significant change or, if no time limit is mentioned, within 7 days of our notifying you. If you do not do so, we are entitled to assume that you wish to accept the changed arrangements.

7.2.2 Compensation Arising from Significant Changes
If you choose to accept the new arrangements or purchase another Holiday from us, we will, where applicable, reduce the price of your Holiday by the compensation shown below. If you choose to cancel your holiday we will refund any money you have paid to us, as well as paying you compensation on the scale below (please note, we will only make one such reduction or payment per person).
Compensation Per Person

No of days notification before departure Minimum Compensation per person

More than 42 days Nil
29-42 days $30
15-28 days $50
8-14 days $60
7 days or less $75

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 and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care. 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 Holiday. Minor changes do not entitle you to cancel or change to another Holiday without paying our normal charges.

7.2.3 Departure Delays
In the event of a delay to your departure by sea, Yacht Ibis will assist as much as possible. Should your delay be greater than 12 hours, Yacht Ibis will pay $30 for the first full 24 hours that a client is delayed, and $15 for each 24 hours thereafter, up to a maximum of $75 per person. This compensation will be paid provided you do not have any insurance cover offering the same or similar compensation scheme. This action will only be undertaken provided the delay has been caused by a direct result of strike, industrial action, or mechanical breakdown of yacht.

7.2.4 Cancellation of Your Holiday by Us
We may occasionally have to cancel your Holiday arrangements, which we reserve the right to do. However, we promise we will not cancel your Holiday after we have issued your Booking Confirmation unless you have failed to comply with any requirement of these Booking Terms entitling us to cancel (such as paying on time) or where we are forced to do so as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care (examples of which are contained below). No compensation will be payable where we cancel in such circumstances and we will have no liability beyond offering the choices set out below (not available where you fail to comply with any requirement of these Booking Terms entitling us to cancel).

If we have to cancel, we will tell you as soon as possible. Except where you have failed to comply with any requirement of these Booking Terms entitling us to cancel, we will offer you the choice of:

•taking the reasonable alternative Holiday we offer you (if this is less expensive than your original Holiday, we will refund the difference but if it is more expensive we will not ask you to pay more). If you decide not to take the alternative we specifically offer you, you may purchase any other available Holiday from us at the applicable price or
•receiving a prompt refund of all monies paid to us.

If you wish to purchase an alternative Holiday, you must tell us within the time mentioned when we notify you of the cancellation or, if no time limit is mentioned within seven days of us telling you, or we are entitled to assume that you require a refund. If you choose to accept the alternative Holiday we offer you or purchase another holiday from us, we will reduce the price of your holiday by the compensation shown in clause 7.2.2 above. If you choose to cancel your Holiday we will refund any money you have paid to us, as well as paying you compensation on the scale shown in clause 7.2.2 above (please note, we will only make one such reduction or payment per person).

7.2.5 Limitation of Liability
Where we cancel, or are forced to make significant changes in accordance with this clause, no compensation or other amounts (for example, the cost of any connected travel arrangements you have made independently) will be payable by us.

8. Yacht Ibis Responsibility for You and Your Holiday

8.1 Assumptions of Limited Liability
8.1.1 We promise to make sure that all parts of the Holiday arrangements we have agreed to make, perform or provide as applicable as part of our Contract with you are made, performed or provided with reasonable skill and care. This means that subject to these Booking Terms we will accept responsibility if, for example, you suffer death or personal injury, or your contracted Holiday arrangements are not provided as promised or prove deficient as a result of any failure by ourselves or our employees, agents, suppliers or sub-contractors (as applicable) to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. Please note it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents, suppliers and sub-contractors do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents, suppliers and sub-contractors). We will not be responsible for your disappointment as a result of your unrealistic expectations where the Holiday has been as described.

8.1.2 We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:

• the act(s) and/or omission(s) of the person(s) affected or another member of the on board party or
• the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or
• ‘force majeure’ as defined in clause 8.1.3 below

8.1.3 Except where otherwise expressly stated in these Booking Terms we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract is prevented or affected by you or you otherwise suffer any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever as a result of ‘force majeure’. In these Booking Terms, ‘force majeure’ means any event, which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, terrorist activity including piracy, industrial dispute, airline failure, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.

8.1.4 As set out in these Booking Terms, we limit the maximum we may have to pay you for any claims you may make against us to the cover afforded us by our Public Liability insurance policy. When dealing with any such claim, we will use the definitions contained in this policy. A copy of the policy wording can be provided on request.

8.1.5 For all other claims which do not involve death or personal injury, if we are found liable to you on any basis, the maximum amount we will have to pay you is twice the price (excluding any amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under clause 8.1.4. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.

8.1.6 You must notify us of any complaint or claim in accordance with clause 10 “Our Complaints Procedure”. For all claims, any person(s) to whom any payment is made must also assign to ourselves or our insurers any rights they may have to pursue any third party in connection with the claim. You must provide ourselves and our insurers with all assistance we or our insurers may reasonably require.

8.1.7 Please note: we cannot accept any liability for any damage, loss, costs, expenses or other sum(s) of any description where one or more of the following are true:

(1) which, on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or
(2) which relate to any other business or commercial enterprise.

Please also note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which any other supplier agrees to provide for you where the services or facilities are not advertised in our brochure or website and we have not agreed to arrange them. This also includes any excursion or activity you book or purchase – please also see clause 8.2 “Excursions Activities”. In addition, regardless of any wording used by us on our Website, in any of our brochures or elsewhere, we only promise to use reasonable skill and care as set out in clause 8.1.1 and we do not have any greater or different liability to you.

8.1.8 The promises we make to you about the services we have agreed to arrange, perform or provide as part of our Contract with you – and the laws and regulations of the country in which your complaint or claim occurred – will be used as the basis for deciding whether the service(s) in question had been properly provided. If the particular service(s) which gave rise to the claim or complaint complied with the local laws and regulations applicable to that service/ those services at the time of the claim or complaint arose, the service(s) will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable person to refuse to take the Holiday in question.

8.1.9 If you have the misfortune to suffer illness, personal injury or death, through misadventure, during your Holiday arising out of an activity which does not form part of your contracted Holiday arrangements with us, we will offer to help where possible and appropriate in our reasonable discretion, by for example providing our general assistance.

We cannot provide help with legal costs and you should ensure that have a Legal Expenses Section in your Holiday insurance policy.

8.1.10 These acceptances of liability do not apply if there has been no fault on our part nor on the part of our suppliers, and the loss, death or personal injury suffered is attributable to your own acts or omissions, or to the acts or omissions of a third party not involved in providing the services which make up your Holiday. Nor does the acceptance of liability apply if your death, injury or illness is caused by an event whose consequences could not have been avoided or anticipated even exercising all due care, or to an event which, even exercising all due care, could not have been foreseen or prevented. They are also conditional upon you assigning to us any rights you might have against any other persons whose acts or omissions give rise to our liability. In all cases liability and compensation are restricted in accordance with the provisions of all applicable international conventions which concern transport and accommodation.

8.2 Excursions and Activities
8.2.1 We may provide you with information (on our website and/or when you are on holiday) about activities and excursions which are available in the area you are visiting but which you cannot book with us.

8.2.2 We have no involvement in any such activities or excursions which are neither run, supervised nor controlled in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your Contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way. Except as set out below, we cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 8.1 of our Booking Terms will not apply to them. We do not, however, exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury.

8.2.3 We cannot guarantee the accuracy of information given in relation to such activities or excursions or about the area you are visiting generally or that of any particular excursion or activity which does not form part of our Contract with you. If we become aware of any material alterations to area information and/or such excursions and activities which can reasonably be expected to affect your decision to book a Holiday with us, we will pass on this information at the time of booking.

8.2.4 Where we or any of our local representatives make or take any booking for or from you in respect of any activity or excursion, we do so solely as booking agent for the organiser or operator of the activity or excursion. This is the case regardless of whether the activity or excursion is advertised or mentioned in our brochure, on our Website, or elsewhere. Your contract for any such activity or excursion will be with the organiser or operator of that activity or excursion. We have no liability for any such activity or excursion or for any act(s) or omission(s) of the organiser or operator or for any of its/their employees or agents or any other person(s) connected with the activity or excursion. If we are found liable in any respect for any such activity or excursion (for example in our capacity as booking agent), that liability is limited to the cost of the particular activity or excursion concerned. Any claim must also be notified in accordance with clause 10.

8.2.5 Please note: We only act as a booking agent where our local representatives have been formally authorised by us to sell or book the activity or excursion in question. Our local representatives are instructed not to sell or book any activity, excursion or other service which they have not been formally authorised to sell or book. We do not act as booking agent and have no other connection with or responsibility or liability for any activity or excursion where this is not the case.

8.2.6 Any advice or assistance on or with any activity or excursion provided by any local representative does not mean or imply that the activity or excursion is sold by the local representative or ourselves or that any such advice or assistance is given by us.

9. Your Responsibilities

9.1 Passports & Visas
You must ensure that you and your party have valid acceptable passports and any appropriate visas required for your Holiday (including your journey to and from your Trip Start Point) see information on Passports & Visas in the relevant Booking Confirmation for your Trip. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you or any member of your party are refused entry onto any transport or into any country due to failure on your part to carry correct documentation.

9.2 Vaccinations
You should check what vaccinations and other health precautions are required or are advisable for your chosen destination and journey with your doctor in good time before departure.

9.3 Behaviour
You must be responsible for the behaviour of yourself and your party. We can refuse to accept you as a customer or refuse to continue dealing with you by terminating your Holiday arrangements if your behaviour is or is likely to be, in our reasonable opinion, or in the reasonable opinion of any other person in authority, disruptive, upsetting or dangerous to yourself or anyone else or if you have caused or are likely to cause damage to property. We will not pay any refund, compensation or other sum whatsoever or any costs or expenses incurred by you if we have to terminate the Holiday arrangements due to your unacceptable behaviour. In this situation we will then have no further responsibility for you (including any return travel arrangements). If your unacceptable behaviour means you are required to leave the boat we will treat your booking as cancelled from that moment and you will have to pay full cancellation charges (see clause 7.1.7).

9.4 Medical Problems or Disabilities
You must tell us if you have an existing medical problem or disability that may affect your Holiday when you submit your Booking Request giving us full details at the same time. If in our reasonable opinion, your chosen Holiday is not suitable for your medical problem or disability or you are not travelling with someone who can provide all assistance you may reasonably require, we have the right to refuse to accept the booking. If you do not give us full details of your medical problem or disability at the time of submitting your Booking Request, we can also cancel the booking when we find out the full details if in our reasonable opinion the Holiday is not suitable or you are not travelling with someone who can provide all assistance reasonably required. If we cancel in this situation, cancellation charges as set out in clause 7.1.7 must be paid.

10. Our Complaints Procedure

10.1 Making a Complaint
We do our best to give you an enjoyable, trouble-free Holiday, but occasionally even the best laid plans can go wrong. If you have a problem or complaint you must tell the Captain as soon as possible so that it can be sorted out on the spot. If your complaint cannot be resolved there and then, you must complete a Report Form at the time. You will be given a copy of this to keep. If you remain dissatisfied you must then write to us with full details, giving your Invoice Reference number and day time and evening telephone numbers within the following time of your Trip End Date:

•28 days if your complaint or claim does not involve death, personal injury or illness or
•3 months if your complaint or claim involves death, personal injury or illness.

As it is difficult and sometimes impossible to properly investigate a complaint if we are not told about it reasonably quickly, any compensation you may have been able to claim could be reduced or even lost altogether if you do not follow the complaints procedure set out in this clause.

In the event of a problem or complaint involving the negligence of any of our suppliers, subcontractors or agents (as opposed to any negligence on our part or on the part of any of our employees acting within the course of their employment) we cannot accept any liability.

10.2 Arbitration
Disputes arising out of, or in connection with this Contract which cannot be amicably settled may be referred to arbitration if you so wish, and will be administered independently by the Chartered Institute of Arbitrators. The application for arbitration and statement of claim must be received by the Chartered Institute of Arbitrators within 9 months of the date of the Trip End Date.

Special Note; We both agree that any dispute, claim or other matter of any description (and whether involving personal injury or not) which arises out of or in connection with your Contract or Holiday must be dealt with in the Courts of England and Wales only (unless you are a resident of Scotland or Northern Ireland in which case any proceedings must be brought in either the Courts of your own country or those of England and Wales). We both also agree that English law (and no other) will apply to your contract (unless proceedings are brought in Scotland or Northern Ireland, in which case Scottish or Northern Irish law, as applicable, will apply instead). If this provision is not acceptable to you, you must tell us before booking your holiday.

10.3 Failure to Follow our Complaints Procedure
If you have not followed the above procedure we will still do our best to help you, but any liability may be diminished, ultimately to the extent that it becomes minimal or non-existent, if there is a failure to complain promptly and give us the opportunity to rectify the problem while the opportunity exists. None of the foregoing in any way affects your statutory rights. We endeavour to respond to all complaints within five working days, and we keep you fully informed of progress throughout.

11. The Law and Your Statutory Rights

Your contract with Yacht Ibis is based on these Booking Terms, which are governed by English law and English courts. Your statutory rights are not affected by anything in these booking Terms.

12. Privacy & Data Protection
Yacht Ibis considers as private any personal information (i.e. information from which you can be identified) supplied by you while using the Website or associated with your booking and will hold it in accordance with applicable Data Protection legislation currently in force. You have the right to request a

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copy of the personal information that Yacht Ibis holds about you and to have any inaccuracies corrected. In the event that your personal information is no longer used for the purposes for which your permission has been obtained, we will use commercially reasonable efforts to delete it except insofar as it is necessary to retain such information to comply with other relevant or applicable law.

END