BOOKING TERMS AND CONDITIONS
These booking terms and conditions apply to all bookings , including those made through www.lovingsailing.com. Please ensure that you read these terms and conditions before booking.
The following terms and conditions apply between you as the customer and Loving Sailing AB, a company registered in Sweden at Strandlyckevägen 5, 263 61, Viken with the number 911213-0000 (“Loving Sailing”), and trading as “Loving Sailing” . By making a booking, you accept all these booking terms and conditions.
Throughout these terms and conditions, references “We, “us” and “our” means Loving Sailing . “You” and “your” means you as a Guest.
“Guest” refers to you as a paying customer. “Booker” or “Booker” refers to you as a Guest by handling payment for the holiday.
“Written” or “in writing” refers to any correspondence, either by email or by posted letter, between you and Loving Sailing or by notification on the relevant Loving Sailing website i.e. www.lovingsailing.com.
- When you ask Loving Sailing to confirm your holiday booking you guarantee that you accept, and have authority to accept on behalf of your party, the terms of this contract and have read the important information relating to your holiday. These, along with your confirmation invoice comprise your agreement with Loving Sailing and the agreement of all those listed on the holiday booking on whose behalf the Booker is acting. No variations to these conditions shall be valid unless agreed by us in writing.
- When you confirm your booking, you also agree to us processing the personal information you supply relating to you and your group in order to provide you with the services booked. Our holidays start and finish at the destination or points of travel stated on your Loving Sailing confirmation invoice. We are not responsible for your travel to and from this point or for any expenses including travel, accommodation, subsistence or loss of earnings cause d by delays howsoever caused. These may be recoverable from insurers subject to their terms and conditions.
- Changes to these booking conditions or to any of the information appearing in our promotional material will only be valid if expressly agreed by us in writing. Our website will display any changes to this information so please be sure to check these details before booking .
- We can accept no liability for or guarantee the accuracy of telephone or other verbal conversations . Website bookings/quotes are also subject to technical error. Therefore all telephone and website bookings and quotes are subject to our written confirmation and this is why it is important that you check your confirmation invoice as soon as you receive it.
- We do not accept any liability for any errors on your confirmation invoice that are not notified to us in writing within 5 days of issue.
- Errors relating to price are very rare. However, if there is an obvious error on your invoice we reserve the right to correct this as soon as we are aware of it.
- You must be at least 21 years old to book with LOVING SAILING There may be other age restrictions relating to our offers or services and these will be detailed in these offers or the descriptions of these services.
- The contract between us is governed by English Law and any dispute will be dealt with under the exclusi ve jurisdiction of the English c ourts. Our contract with you is deemed to be made at the offices of Loving Sailing at Stradlyckevägen 5, 263 61, Viken, Sweden.
Paying for Your Holiday
- Making a Booking Payment:
- Single Boat Spot, including Loving Sailing event pass , can be reserved from 3 January 2016 with a payment of 50% of the total cost. Bookings cannot be guaranteed until this payment is received.
- On making a booking you should provide Loving Sailing the filled out booking form (via Loving Sailing website) with your name together with any additional Guest information required.
- The second payment shown on your confirmation invoice must be paid by 15 April 2016 without reminder.
- If the full balance is not received on the final balance due date the holiday and this contract will be treated as cancelled.
- In the unlikely event of a payment error, where a duplicate payment is taken on the booking, it will be your responsibility to contact us and highlight the error.
- An invoice will be sent to the Booker by email.
- Changes in the price of your holiday:
- The price of your holiday is fully guaranteed at the time that it was booked (subject only to the correction of errors). We reserve the right to correct errors in both advertised and confirmed prices. We also reserve the right to amend prices wit h regard to changes in the external supplier costs (subject only to new bookings or items on current bookings that have not yet been paid for).
- If there is an error in occupancy or price, we reserve the right to amend the price or boat to a suitable reasonable alternative should that room type not be available.
- We will inform you of any price changes as soon as we become aware that changes need to be made.
- Once the price of your chosen holiday has been confirmed, then, except to correct omissions or errors, we will only increase the price in the following circumstances: changes in transportation costs (including the cost of fuel), dues, taxes or fees chargeable for services. The fluctuation of exchange rates also mean that the price of your travel arrangements may change after you have booked.
- You will not be charged for any increase equivalent to 2% or less of the price of your booking, which excludes insurance premiums and any amendment charges. You will be charged for any amount in excess of 2% of the booking price . If this means that you have to pay an increase of more than 10% of the price of your original booking, you will have the option of accepting a cha nge to another holiday 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 monie s paid, except for any amendment charges initiated.
Before You Arrive
- It is a condition of booking that all Guests must travel with a fully comprehensive Insurance policy under which they are fully covered prior to departure. No liability will be accepted by Loving Sailing for any Guests travelling without adequate insurance.
- Many insurance policies section do not cover you for costs associated with events such as travel delays. They should cover you for medical costs or cancellation. It is important that you check any policy thoroughly and it is a condition of booking that you are covered by a comprehensive sports insurance policy of at least equivalent cover to that suggested by us.
- On arrival, you will pay a Deposit to Loving Sailing as detailed on your booking invoice. This Deposit will be held by Loving Sailing for the duration of your holiday and for two weeks thereafter at Loving Sailing absolute discretion to offset any charges, fees, fines, or other amounts incurred by your Group during your holiday.
- Although the Deposit amount may be calculated by reference to the number of people included in a Group , the Deposit is paid as a single lump sum on behalf of the Group and is not divisible.
- Amounts may also be deducted from the Deposit at Loving Sailing’s sole and absolute discretion where a member or members of the Group act in such a manner as to cause nuisance or distress or danger to themselves or to other Guests or to third parties, even where no financial loss has been incurred.
- Special Requests
- Although we will endeavor to pass any reasonable requests on to our relevant suppliers, we regret we cannot promise that any requests will be complied with unless our suppliers have specifically confirmed this in writing to you .
- Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation or any other documentation is not confirmation that the request will be met. Special requests should be treated as unavailable unless and until specifically confirmed, and are subject to availability.
- Please note that special requests do not form part of our contractual agreement and we will have no liability if they are not met.
- It is your responsibility to ensure you have a valid passport and to ensure that you have any relevant visas that may be required.
Changes and Cancellations to Your Booking
- Cancelling your booking (Subject to sections 20 and 21 below):
- Cancellations must be confirmed in writing (email or letter) by the Booker. Your cancellation is not confirmed until you have received confirmation in writing from us .To cover the cost of processing your cancellation and to compensate us for the risk that we may not be able to re – sell your holiday, Loving Sailing is unable to refund you for any of the money paid.
- Depending on the reason for the cancellation you may be able to reclaim the cancellation charges under the terms of your insurance policy. However, you must pay in full and notify us of your cancellation first and then seek a refund from the insurance company.
- Changing your booking:
- After our confirmation has been issued, changes in Guest name should be notified in writing. If we are able to accommodate the change, a charge per person per change will be made (including name changes). Any alteration within 8 weeks of departure may be treated as a cancellation and subject to cancellation charges.
- We cannot guarantee that any changes to the booking will be possible.
- If we change your booking:
- Minor and Major Changes – The holiday arrangements provided by Loving Sailing are put together in good faith and months in advance. Despite all of the preparation, certain aspects of the arrangements can go awry and we therefore reserve the right to make alterations to and correct any errors in the holiday details before and after your booking has been confirmed. There are two classifications of changes:
- Minor Changes – such as a change in coach travel timings of less than 12 hours, change of accommodation to another of the same or higher standard , and other change s not considered to be ‘Major C hange s’ ( see below). These are small operational changes . Minor Changes do not entitle you to cancel without penalty. Such changes will therefore not be specially notified to you and but will appear on your travel documentation.
- Major Changes – such as a lower standard (based on Loving Sailing rating) of accommodation , alteration of your departure or return time by more than 12 hours , or the unavailability ( not by reason of Force Majeure) of any significant component of your holiday.
- Unfortunately, it is sometimes necessary to make major changes. If a Major Change is made to your holiday arrangements for which you have received a confirmation invoice, or if we cancel the holiday within 63 days of the original departure date, you may choose to:
- Accept the changed arrangements as notified to you by us ;
- Purchas a replacement holiday from us of at least the same standard if available (and pay more or receive a refund in respect of any price difference) ; or
- Cancel your holiday and receive a full refund of all monies paid to us.
- We will not be liable for any costs or expenses that you incur in relation to components booked through a third party, such as airfare or travel insurance.
- If a significant change is made as a result of circumstances beyond our control, or that of our suppliers, the consequences of which we or our suppliers could not reasonably have avoided (including but not limited to those circumstances set out under the heading ‘ Force Majeure ’ below), you will not be entitled to any refund or other compensation .
- If we cancel your booking:
- We may sometimes be forced to cancel a holiday if we fail to reach a minimum number of bookings . This happens on very rare occasions when it becomes impossible to run a particular holiday due to low numbers . We reserve the right to cancel holiday arrangements at our discretion for this reason.
- Where your holiday is cancelled by Loving Sialing for any reason other than other than one mentioned in these Terms, we will offer you the choice of either purchasing an alternative holiday of at least the same standard (if available), (and paying or receiving a refund in respect of any price difference) or receiving a full and immediate refund of all monies paid to us.
- We cannot meet any expenses or costs you incur as a result of any cancellation.
- Very rarely, we may be forced to cancel , curtail or change your holiday after the date of departure where circumstances amounting to ‘force majeure’ (as described below) occur. In this very unusual situation we regret we cannot make any refunds, pay any compensation or be responsible for any costs or expenses you may incur as a result.
- Special note – Force Majeure . Except where otherwise specified in these booking conditions, we cannot accept liability or pay any compensation where the performance or proper performance of our contractual obligations is affected by reason of circumstances amounting to ‘force majeure’. In these booking conditions ‘force majeure’ means any event which we or the supplier of the services in question could not, even with all due care, foresee or avoid. Without prejudice to the generality of the foregoing, s uch events may include war or threat of war, riots, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and similar events beyond our control.
- Once the booking form has been submitted, the Booker accepts responsibility for the good conduct of all participants. Without prejudice to the generality of the foregoing, the Booker must specifically ensure that :
- All local laws, including those relating to the consumption of alcohol and drugs , are at all times obeyed ;
- No Guest smokes in a hotel bedroom or apartments, or on board any public / private transport or in any way causes a fire hazard or con travenes the local smoking laws; and
- Guests act in a responsible fashion and do not behave in a way likely to cause damage to property or offence or danger, to other people .
- The Booker is responsible for any damage or loss caused which must be paid at the time direct to the accommodation owner or manager or other supplier. If you fail to do so, you will be responsible for meeting any claim subsequently made against us as a result as well as our own and the supplier’s legal costs.
- If the behavior of any member of any Group is causing or is considered likely to cause offence, danger, damage to property and/or distress to others, we reserve the right at all times, without prior notice, to terminate the holiday of the person(s) concerned. If, for example skipper, accommodation owner or manager, or senior member of our staff, considers that the behavior is unacceptable they are authorised to terminate a booking wherever and whenever necessary and require the person(s) to leave the boat or property. In this situation, we will have no further responsibility to refund such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of termination.
- Cancellation charges may apply.
- Your Accommodation
- Only those Guests named on your confirmation invoice can use the accommodation or transport (or other service) ar ranged by us. You are not permitted to share accommodation or transport with anyone else. You undertake not to damage their accommodation, and to abide by local regulations (especially in relation to noise).
- You are liable for the cost of any damage or loss and Loving Sailing their agents or suppliers shall be entitled to recover costs from you if necessary before the homebound transfer.
- The Booker shall be liable in the first instance for any claims against the Group . You or your Group may be denied any return homeward bound boarding of transport if you refuse to pay or to undertake a commitment to pay on your return.
- Your behaviour
- We reserve the right to refuse to accept you as a Guest or to continue dealing with you if your behaviour aff ects or threatens to affect other travelers or is threatening, disruptive or abusive towards our staff either in the Sweden or abroad (this includes on the telephone or in writing).
- If any of those in charge of operating our holidays such as coach drivers or our resort staff consider you to be disruptive, they can refuse to allow you to proceed with your travel arrangements.
- If you have caused damage then we reserve the right to withhold your event pass and/or accommodation key until full reimbursement for the damage caused.
- If this occurs abroad, you will become responsible for your own accommodation and onward travel including alternative arrangements for those who will not travel without you. In any of these circumstances no refunds will be made or compensation paid. We may also make a claim against you (and/or instigate criminal proceedings) if your behaviour has resulted in additional costs to us.
Dealing With Problems
- I f you have a complaint:
- If a complaint arises you should report i t as quickly as possible to our representative or agent and the supplier so that efforts can be made to rectify it to your satisfaction. Our representative or emergency contact can deal with most problems on the spot.
- Part of this reporting procedure is th at you complete a form at the resort within 12 hours of the complaint arising, so all parties are clear on the precise nature of the issues involved. It is an express condition of your Agreement that this simple procedure is followed. If you fail to follow this procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were present at the resort and this may affect or extinguish your rights under this contract.
- If you are still dissatisfied we ask that you write to us giving details of your complaint. We do not automatically follow up a report made in resorts as in many cases these are resolved. We do not issue refunds in resort as we feel it is important that all the relevant information is gathered before a decision is made . Our Representatives are not authorised to promise or make payments or to vary the terms, conditions or information as noted in these Terms and Conditions.
- If any problem has not been resolved to your satisfaction, once we received written details in esort and in our office we will investigate it and do what we can as soon as you bring it to our attention.
- All written corres pondence to our London office will be acknowledged and considered within 28 days.
- If we have not been able to finish our investigation after 28 days we will write to you advising you as to our progress.
Our Liability to You
- Non – Package Holidays
- Where the holiday arrangements you have purchased from us do not constitute a package, our liability to you is limited to using reasonable skill and care in selecting the service provider or supplier. We will not be responsible for improper performance of any obligation to be performed by them and your claim must be directed to them.
- Our responsibility for your holiday:
- We will take reasonable care to ensure that the services that make up your holiday are provided by reputable suppliers and businesses. These organisations follow local and national regulations and laws of the country in which they operate. However, overseas safety standards often differ from those in the Sweden and in some instances may not yet meet Sweden standards. Our obligations in respect of reasonable care will be complied with in accordance with local law or, in the absence of this, local custom.
- Force Majeure
- The risk of sailing being adversely affected by weather conditions has to be accepted. transports will be paid locally by the Guest. Loving Sailing shall not be liable for any loss, delay or costs connected with, or arising out of, adverse weather conditions, including blocked roads and lengthy airline delays. If, as a result of force majeure, you miss your return departure and extra accommodation is required, Loving Sailing will not be responsible for this cost. We strongly recommend you take insurance at least equal to that suggested by Loving Sailing, which, subject to terms, may cover these instances.
- If, due to adverse weather conditions or other circumstances beyond our control,locations, facilities, excursions or tours are not available, we will have no liability. No refunds are given for unused portions of the holiday, e.g. journeys, transfers, car hire.. No representative is authorised to make or promise refunds and no such promises will be accepted by Loving Sailing Where excursions or services are provided by a company outside of Loving Sailing , even where such excursions or services are sold through our representative or a supplier of Loving Sailing , we will have no liability for these. We act as an agent for such suppliers whose conditions of booking will be provided at the time of booking
- Our assistance in resort:
- If the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and 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 or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances as long as the following requirements are met:
- You must tell us and the supplier involved whilst you are in resort and write to us within 28 days of your return from holiday.
- You must make a claim under your insurance policy’s legal expenses section (or other if appropriate), send us proof of this claim and repay us the money to cover our expenses if and when your claim is successful.
What You Can Expect from our Services
- Boat accommodation:
- All accommodation is as per description on our website at the time of booking, but this does not affect our right to amend any errors in pricing or description.
- If you are arriving at our accommodation by car, or on a flight with a transfer not booked through Loving Sailing , it is very important that you notify us of your estimated arrival time prior to leaving.
- Should you fail to do this in advance, we cannot guarantee that your accommodation will be open or available for check in.
- Check – in is usually between 15.00 and 17.00 and check – out of boats is at 09.00 irrespective of your time of departure.Some Bases are able to provide a room for bags/cases etc. but please check with the reception on your arrival. Such facilities may be shared with other guests.
- In all Boats a blanket, bed linen and pillows are provided for each bed.
- Baths may not always be full size baths and showers may not always have a tray or a curtain (which may not be necessary) . Soap may not be provided.
- Some a partment agencies require a returnable deposit on arrival. This will be taken out of the Deposit you paid to Loving Sailing at Arrival . Your Boat deposit is held in case of extra cleaning, lost Equipment or damage charges, or incidentals and refundable by the agency after you depart. This can usually be paid by credit card and is returned minus any charges incurred, after your boat has been checked and/or your bill finalised. This may be after your return. Not all agencies will accept credit card payments – please check at time of booking.
- On arrival in your boat please check everything is present and in working order. Anything missing or broken must be reported to reception immediately or you may be charged for it. Please leave your boat as clean as you found it.
- We cannot guarantee room requests, and whilst we will try our utmost to adhere to requests – these may not be possible in any case and cannot be certified.
- Weather Conditions
- Wind and Water Conditions can change unexpectedly. Loving Sailing reserves the right to change or alter the advertised programme and line – up of all activities without prior notification or liability to refund or part refund existing Guests.
- Lost property:
- Whilst we do everything possible to locate lost property, we cannot guarantee to do so or to be able to arrange for your property to be returned. Clients should contact our Sweden office with any inquiries relating to lost property . If we are able to locate lost property and arrange for its return, all costs of so doing must be paid in advance along with an administration charge of SEK 300.
- We cannot be held responsible for lost property whilst in transit to Sweden howsoever this is arranged. We reserve the right to increase the administration charge for the return of lost property for bulky items with special dispatch costs.
- Your data protection:
- We are committed to protecting your privacy. We may disclose your details such as name, contact details, travel preferences and special needs/diets that you have supplied to us in relation to yourself and your travelling companions to our suppl iers for the purposes of providing you with our services. Only the information necessary for these purposes will be supplied to them.
- The information may also be provided to security or credit checking companies, public authorities such as customs/immigrat ion if required by them or required by law. Security regulations may require us to provide government agencies access to data you disclose to us and the air carrier.
- We do not share information for marketing purposes with third parties. We do hold you r inf ormation for our purposes; for example, to inform you of offers and promotions or to send you our brochures. If you do not wish to receive these please let us know as soon as possible.
- We will delete your data on request. Please email email@example.com for assistance
Using Our Website
- Permitted Use:
You agree that you are only authorised to visit, view and to retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, down load, publish, modify or otherwise distribute the material on this Site for any purpose other than to review event and promotional information, for personal use, or to purchase eTickets or merchandise for your personal use, unless otherwise specifically au thorized by the Company to do so. You also agree not to deep – link to the site for any purpose, unless specifically authorised by the Company to do so. The content and software on this Site is the property of Loving Sailing and/or its partner agents. We post a legal notice and various credits on pages of the Site, which may not be removed. Please do not remove this notice or these credits, or any additional information contained along with the notices and credits.
- No Commercial Use:
No area of this Site may be used by our visitors for any commercial purposes such as to conduct sales or to provide services of any kind. You must obtain prior written consent from us to make commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication. We will investigate and take appropriate legal action against anyone who infringes and/or violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site. We reserve the right to deny access to or cancel an eTicket order placed by any User known or reasonably believed to be associated with any ticket broker or tout, or utilising automated means to process or place orders, or re-selling orders which have been made on the Site for commercial gain in any manner whatsoever.
- Access and Interference:
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorised purpose without our prior express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any a ction that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non – commercial use) from our website without our prior express written permission.
- Unauthorised Use of the Site:
Illegal and/or unauthorised uses of the Site, including, but not limited to, unauthorised sales, unauthoris ed framing of or linking to the Site, or unauthorise d use of any robot, spider or other automated device on the site, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress. Any unauthorised use of the Site will result in legal ac tion being taken.
- Visiting external websites
- HTML website links found at www.lovingsailing.com may enable you to “click through” to other websites providing services which are not under our control.We are not responsible or in any way liable for the content of such linked sites e.g. budget airline carriers.
- Loving Sailing does not endorse the services provided or opinions expressed by external websites linked on www.lovingsailing.com .
- Loving Sailing does not guarantee that links to external sites will be operational for any specific period and has no control over the availability, pricing and overall content of any such linked website pages.
- Should any services be purchased from any linked external websites, it is essential you read and understand any relevant terms and conditions associated with your purchase from such a website and, that by making such a purchase, you agree to be bound by these noted terms and conditions from such a service provider , to whom all claims must be directed.
- Loving Sailing will not, in any event, be liable for any loss or damage including, without limitation, any loss or damages whatsoever arising from use or loss of use of, data or profits arising out of or in connection with the use of www.lovingsailing.com of any external websites therein listed.
- Updates of the terms and conditions
- Loving Sailing may update and amend these terms and conditions from time to time. No notice will be given as to any revis ions of the terms and conditions. Loving Sailing recommends that anyone bound by any of these terms and conditions ensures they are aware of any updates by viewing the terms and conditions on a regular basis.