Terms and Conditions

These Booking Conditions, together with our privacy policy and any other written information we brought to your attention before we confirmed your booking, form the basis of a contract between the Client(s) ("you", "your") and Riviera Sailing Vacations, Menton Garavan Marina, Menton 06500 France, (“we”, “us”, “our”).

 

For the terms of this agreement the Client(s) includes the first named person on the booking ("Primary Client") and all other persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.

By making a booking, the Primary Client agrees on behalf of all persons detailed on the booking that he/she:

  • is over 18 years of age, have the legal authority to enter into such an agreement and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services 

  • agrees that you will be financially responsible for all charges (including duties, fees and taxes) incurred in the course of your reservations and booking, and that you will pay them on time, according to the payment due dates set out in those terms and conditions that apply to your booking

  • agrees that all information you or others using this site supply when making a booking is true and accurate.

  • has read these Booking Conditions, has the authority to and agrees to be bound by them

  • accepts all responsibility for payment of the booking on behalf of all persons detailed on the booking

  • consents to our Privacy Policy and Cookie Policy

 

1. Booking and Payments

A booking is made with us when you

  1. Inform us of your package and/or other requirements via website or email

  2. We agree that these arrangements are available and possible and confirm the price to you

  3. We receive the full required payment (or deposit if you are booking more than 2 calendar months from departure)

  4. We issue you with a booking confirmation.

 

We reserve the right to return your payment and decline to issue a confirmation at our absolute discretion. A binding contract will come into existence between you and us as soon as we have issued you with a booking confirmation that will confirm the details of your booking. Upon receipt, if you believe that any details on the confirmation or any other document are wrong you must advise us within three [3] days as changes can not be made later and it may harm your rights if we are not notified of any inaccuracies in any document.

Should a deposit be paid in lieu of a booking, the balance including any applicable surcharge will be due not less than 2 calendar months before the scheduled departure. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 8 below will become payable.

2. Accuracy

We endeavour to ensure that all the information on our website is accurate, however occasionally changes and errors occur and we reserve the right to correct information, prices and/or other details in such circumstances. You agree to check the current price and all other details relating to your booking before your booking is confirmed.

3. Insurance

Adequate travel insurance is a condition of your contract with us. You must be satisfied that your insurance fully covers all your personal requirements including, but not limited to, pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising for which insurance cover would otherwise have been available.

4. Pricing

As is normal with yacht charters, prices are quoted without VAT (ex VAT), this being due to the fact that VAT is due according to the journey undertaken i.e. a trip to Italy will be charged Italian VAT, to France will be French VAT etc

We reserve the right to amend the price of unsold vacations at any time and offer the same, or similar, vacation at a different price or correct errors in the prices of confirmed holidays if we so wish.

The price of your confirmed holiday is subject at all times to variations in

  • transportation costs, including the cost of fuel

  • dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports; or the exchange rates used to calculate your arrangements.

You will not be charged for any increase equivalent to 3% of the price of your booking. You may be charged for the amount over and above that and should the increase be more than 10% of the price of your confirmed booking (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of changing to another available holiday or date if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any amendment charges. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice.

There will be no change made to the price of your confirmed booking within 30 days of your departure nor will refunds be paid during this period.

5. Jurisdiction

These Booking Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only. 

6. Non or reduced attendance 

If you fail to arrive at the yacht at the time agreed on your booking or at the meeting point at any of the destination ports we visit, with or without informing us, we reserve the right not to wait for you and will continue with the itinerary as a duty to other guests on the passage. We will, at our discretion, offer the possibility of embarking or re-embarking with us at one of the destination ports en route in order to fulfill the remainder of your booking with this being limited to the dates within the details of your booking and not to carry forward to another trip. 

If, due to weather or other circumstances, the yacht is unable to fully return to the final destination port on the final day, will will offer you the option to disembark at another port so that you can connect with your plane or other travel arrangement on time. Should this situation occur, we will not be liable for any extra transport or other costs incurred by you to return you to your departure point.

If you are forced to return home early, we cannot refund the cost of any services you have not used. If you cut short your holiday and return home early we will not offer you any refund for that part of your booking not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.

7. Changes by You

If you wish to change any part of your booking arrangements after our confirmation has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of 50 Euros per person per change as well as any applicable rate changes or extra costs incurred as well as any costs incurred by ourselves. You should be aware that these costs could increase the closer to the departure date that changes are made so you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable.

If any member of your party is prevented from travelling, that person(s) may transfer their place to someone else (introduced by you and satisfying all the conditions applicable to the arrangements) providing we are notified by the primary client not less than 28 days before departure and you pay the amendment fee of 50 Euros per person transferring, meet all costs and charges incurred by us and/or incurred or imposed by any of our suppliers, that the transferee agrees to these booking conditions and all other terms of the contract between us. If you are unable to find a replacement, cancellation charges as set out will apply in order to cover our estimated costs.

 

No refunds will be given for passengers not travelling or for unused services.

At our discretion, certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.

8. Cancellation

If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing. Such written notification should be sent to us via email on the website and a receipt of acceptance will be issued by us which will secure the cancellation. Your notice of cancellation will only take effect when we have accepted it in writing and will be effective from the date on which we receive it.

 

Since we incur costs in cancelling your arrangements, you will have to pay the applicable cancellation charges up to the maximum shown below. The cancellation charge detailed is calculated on the basis of the total cost payable by the person(s) cancelling and amendment charges which are not refundable in the event of the person(s) to whom they apply cancelling

Trips that last greater than one day:

  • 2 calendar months or more – deposit of the booking for the cancelled person(s)

  • 1-2 Calendar months - 50% of the booking for the cancelled person(s)

  • Less than 1 calendar month  – 100% of the booking for the cancelled person(s)

Day Trips

  • Less than 2 weeks - 100% of the booking for the cancelled person

 

We will deduct the cancellation charge(s) from any monies you have already paid to us.

Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.

If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

9. If We Change or Cancel

If due to circumstances beyond our control we have to make alterations to your booking we shall inform you of the changes as soon as possible. You must pay any additional cost (if any) due to such changes. If the changes are, in our view, so substantial as to significantly alter your booking and you are unwilling to accept them then you may cancel your booking and we will give a refund of all money you have paid to us.

We may in exceptional circumstances be required to cancel your booking in which case a full refund of all monies paid will be made to you. We regret we cannot meet any expenses or losses that you may incur as a result of change or cancellation and our liability will be wholly limited to the monies that you have paid us.

Very rarely, we may be forced by “Force Majeure” to change or terminate all or some of your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds, pay you compensation or meet any costs or expenses you incur as a result except where we manage to recover the same from our suppliers. You must direct all claims to your travel insurance.

10. Force Majeure

Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.

11. Special Requests

Any special requests must be advised to us at the time of booking e.g. diet. You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed. We do not accept bookings that are conditional upon any special request being met.

12. Disabilities and Medical Problems

We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability, which may affect your stay, please provide us with full details in our Booking Form before we confirm your booking so that we can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate in the trip. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.

13. Complaints

We make every effort to ensure that your holiday arrangements run smoothly but if you do have a problem during your holiday, please inform us in person immediately and we will endeavour to put things right. If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us within 28 days of the end of your stay, giving your booking reference and all other relevant information. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect our ability to investigate your complaint, and will affect your rights under this contract.

14. Your Behaviour

All guests staying with us are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of other guests. If, in our opinion, or any other person in authority, your behaviour or that of any member of your party has caused, is causing or is likely to cause distress, danger or annoyance to us, any of our other guests, any third party, damage to property, use or pedaling of illegal substances to cause a delay or diversion to transportation, we reserve the right to terminate your booking arrangements with us immediately.

 

In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave our yacht immediately. We will have no further obligations to you and/or your party. No refunds will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to us before departing the yacht. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us or you as a result of your actions together with all costs we incur in pursuing any claim against you.

 

We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.

15.  Our Responsibilities

Subject to the remainder of this clause, we have a duty to provide your contracted arrangements with reasonable skill and care.

We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from

  • the act(s) and/or omission(s) of the person(s) affected; or

  • the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or

  • unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or

  • an event which we could not, even with all due care, have foreseen or forestalled.

We limit the amount of compensation we may have to pay you if we are found liable under this clause to

  1. Loss of and/or damage to any luggage or personal possessions or money. The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy, which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.

  2. Claims not falling under (1) above and which don’t involve injury, illness or death: The maximum amount we will have to pay you in respect of these claims is the price paid by or on behalf of the person(s) affected in total. This amount to be paid to be reviewed by us with the maximum amount only being payable where you or your party has not received any benefit at all from your booking.

  3. The extent of our liability in respect of international travel by sea will in all cases be limited as if we were carriers under the appropriate Conventions

It is a condition of our acceptance of liability under this clause that you notify any claim to us strictly in accordance with the complaints procedure set out in these conditions.

Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.

We cannot accept any liability for any damage, loss or expense or other sum(s) of any description:

  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. Related to any business.

We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised on our website. For example any excursion or tour you book whilst away, or any service or facility which a hotel, restaurant or any other supplier agrees to provide for you.

16. Excursions

Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your contracted arrangements with us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.

17. Passport, Visa and Immigration Requirements and Health Formalities

It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.

Most countries now require passports to be valid for at least 6 months after your return date. 

It is a requirement of travel by sea that all clients carry with them all documents needed for their travel as dictated above. Upon docking at marinas, the marina staff and/or customs ordinarily require a review of all passenger travel documentation. This also includes any EU passports which would otherwise not be needed for other means of transport i.e. a French passport travelling in France is still needed at sea.

We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses, which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.

18. Foreign Office Advice

You are responsible for making yourself aware of any Foreign Office advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure. (See clause 10).

19. Accident waiver and release of liability

By booking with us you assume all of the risks of participating in our trips and any/all activities associated with them, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault.

You also certify that you are physically fit and have not been advised to not participate by a qualified medical professional and have no health-related reasons or problems which preclude my participation in this activity.

You acknowledge that these terms and conditions and this waiver and release of liability will be used by us and that it will govern your actions and responsibilities of said activity.

In consideration of your application and permitting you to participate in this activity, you hereby take action for yourself, your executors, administrators, heirs, next of kin, successors, and assigns as follows:

(A) You WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for your death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this activity, THE FOLLOWING ENTITIES OR PERSONS: Blue Skies Yachting Ltd sometimes trading as Riviera Sailing Vacations and/or their directors, officers, employees, volunteers, representatives, and agents, and the activity holders, sponsors, and volunteers;

(B) You INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this paragraph from any and all liabilities or claims made as a result of participation in this activity, whether caused by the negligence of release or otherwise.

You acknowledge that Blue Skies Yachting and their directors, officers, volunteers, representatives, and agents are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf.

You acknowledge that this activity may involve a test of a person's physical and mental limits and carries with it the potential for death, serious injury, and property loss. The risks include, but are not limited to, those caused by Sea, facilities, temperature, weather, condition of participants, equipment, lack of hydration, and actions of other people including, but not limited to, participants, volunteers and/or producers of the activity. These risks are not only inherent to participants, but are also present for volunteers.

You hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity.

You understand while participating in this activity, you may be photographed. You agree to allow your photo, video, or film likeness to be used for any legitimate purpose by the activity holders, producers, sponsors, organizers, and assigns.

This Accident Waiver and Release of Liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.

 

Address

Riviera Sailing Vacations

Berthed at

Menton Garavan Marina

Menton 06500

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©2017-2019 Riviera Sailing Vacations

Riviera Sailing Vacations is a trading name of

Blue Skies Yachting Ltd, 

Suite 1

39 Ludgate Hill

London

EC4M 7JN

United Kingdom

Reg in England 11125922

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