Booking Terms and Conditions – Sailing
This document sets out the standard booking terms and conditions of Vento Elegante Lda (referred to in this document as ‘VE’ and trading as ‘The Ocean Week’), a company registered in Portugal with the number 514524375 whose registered address is Condominio Casa da Praia, Sítio do Ribeiro, lote 10, R/C D 8500-777 Alvor.
Please ensure that you read this document in full before booking. Important sections are underlined. Any references to ‘you’ are to the you, the holidaymaker, who has contracted with VE either in your own right or on behalf of others.
THE NATURE OF THESE TERMS
1. As soon as any payment is made, a contract will automatically arise between you and VE, granting both parties respective duties and obligations under that contract. These terms and conditions will form the basis of the contract between you and VE.
2. VE reserves the right to make reasonable changes to these terms and conditions at any time where such changes are necessary (for instance, in the case of a change in the applicable laws or regulatory requirements). Such changes will take effect when the updated terms and conditions are uploaded to The Ocean Week website.
3. To make a booking, the individual nominated by the group of guests that constitute the members of that individual’s crew (‘the Crew’) to be the main point of contact between VE and the Crew (‘the Crew Leader’) should complete the online form on The Ocean Week website. The action of completing this online form confirms that the group and the Crew Leader agree that:
a. any advertisements on the The Ocean Week website constitute an ‘invitation to treat’ in Portuguese law;
b. by filling out a booking you will be making an offer to us;
c. VE will contact you as soon as possible to confirm availability, the total price due under the contract, the date when your deposit will be due and the details of the payment plan;
d. If for some reason there are no yachts available within the chosen week, VE will suggest another type of yacht or propose other week within a fifteen working period days starting counting at the day of the reserve made. If there is no agreement between VE and Crew Leader:
e. VE reserves the right to cancel any booking within the period of fifteen working days from the time of completion of the online form should the yacht selected under that booking be unavailable for any reason whatsoever; and,
f. VE is not liable to reimburse the Crew Leader or the Crew for any transport costs (including airline costs) incurred by the Crew Leader or the Crew within the period of fifteen working days from the time the Crew Leader filled out the online form on The Ocean Week website where the booking is cancelled under clause 3(d). Therefore, the Crew Leader and the Crew are advised to make any necessary transport arrangements following the expiration of five working days from the time of completion of the online form.
4. The Crew Leader confirms that through making a booking via The Ocean Week website he or she has the authority to act on behalf of the Crew and that each member of the Crew has read and agreed to all relevant terms and conditions. This is a condition of making a booking with VE. If the Crew Leader does not comply with this condition, VE reserves the right to cancel the booking without any refund whatsoever.
5. No Crew Leader may make more than one booking per event week without express written permission from VE. Permission may be granted from VE’s Customer Services Department. This does not apply to guests attending an event week as part of the Crew.
6. Unless otherwise agreed by VE, the Crew Leader must be a guest, skipper or hostess on the boat he or she has booked. All guests, including the Crew Leader, must be at least 18 years of age.
7. VE does not accept liability for the costs associated with any errors in your confirmation email that are not brought to our attention within five working days of the date of that confirmation email. VE reserves the right to correct any obvious errors in a confirmation email as soon as we become aware of them.
8. Online check-in will be available eight weeks before your scheduled event date.
9. All guests are required to check in online. Those who do not check in online will be charged an additional administrative fee of EUR(€) 10 to check-in on site.
10. Upon arrival at your base marina, you will be required to produce proof of identification. Guests who failed to sign in online may be required to complete a lengthier check-in process.
11. In these terms and conditions, the ‘Booking Ratio’ refers to any Crews’ gender ratio applicable to or otherwise prevailing at the time the Crew Leader made the relevant The Ocean Week holiday booking, whereas the ‘Checking-In Ratio’ refers to any Crews’ gender ratio at the time of checking-in at any The Ocean Week check-in venue. In the event the Checking-In Ratio does not conform to the Booking Ratio, The Ocean Week reserves the right to withhold wristbands upon check-in and/or apply a EUR(€) 200 administration fee on-site to adjust the Checking-In Ratio to conform to the Booking Ratio. The EUR(€) 200 administration fee shall apply to each and every guest which requires adjustment and shall not be blanket administration fee applicable to the booking as a whole. By way of example, if a crew of ten persons has a Booking Ratio of 50/50 males to females, then an administration fee of EUR(€) 800 shall apply in the event the Checking-In Ratio is 70/30 males to females.
12. The Booking Ratio cannot be changed once entered. There is a possibility that VE staff may be able to make manual changes to your booking in order to alter the Booking Ratio, but these changes cannot be guaranteed. Should any change be possible, an admin fee will be chargeable in accordance to clause 44. VE accepts no liability if you make a mistake when entering the Booking Ratio.
13. In the event that upon arrival at any The Ocean Week check-in venue you attempt and/or wish to add additional crew to the crew list you provided in your booking, The Ocean Week reserves the right to apply a EUR(€) 200 administration fee on-site to adjust the crew list. The EUR(€) 200 administration fee shall apply to each and every guest which requires adjustment in accordance with clause 11 above.
14. VE reserves the right to change the price of your booking before your booking is confirmed. Any such changes will be communicated to you. VE reserves the right to correct pricing errors after confirmation. Prices do not include the associated food costs for any skipper or hostess contained in the booking, and Crews are obliged to provide at least three meals a day for their skipper or hostess contained in the booking at reasonable meal times.
15. The default invoice price is in EUR(€) but you may be able to pay in GBP(£), U.S. Dollar($) or any other currency specified as being available and accepted by VE on the The Ocean Week website from time to time. Please see clause 18 for further information.
16. VE warrants and guarantees that:
a. Up to and until 30 days before your departure date, the price of your booking will not be subject to any surcharges except variations in transportation costs; dues, taxes and fees; and exchange rates.
b. Within 30 days of your departure date, the price of your booking will not be subject to any surcharges.
c. VE will absorb any increase of less than 2% of the purchase price. You will only be charged for the increase over and above 2%.
c. If a price increase means you will have to pay an additional sum greater than 10% of the cost of your booking, you will have the option of:
i. accepting a change to another week or yacht if we are able to offer one (we will refund any price difference if the alternative is of a lower value); or
ii. cancelling and receiving a full refund of all monies paid (excluding any amendment charges) provided the decision to cancel is made within fourteen days of being informed of the price increase.
e. Should the price of your booking decrease by more than 2% of your booking cost due to the changes mentioned above then any refund due will be paid to you. Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
17. You will pay VE the gross sum owed. This includes the cost of the service(s) provided, VE’s administration fee and a card fee as shown below:
a. Bank transfer – 0%
b. VISA credit card – 2%
c. MasterCard – 2%
d. American Express – 2%
18. The default invoice price is in EUR(€). If you choose to pay with GBP(£) (or any other currency) the price listed may change depending on fluctuations in exchange rates including the internal exchange rate which VE may apply in any future payment transactions. For this reason, you are advised to pay in EUR(€) if you do not agree to pay any price variations as a result of fluctuations in exchange rates including the internal exchange rate which VE may apply in any future payment transactions.
19. The payment instalment plan will vary depending on the event week and destination you have booked. Information regarding payment is available on the bookings are of The Ocean Week website. For the majority of the events the payment instalment plan shall be:
For Yacht Bookings
a. the first payment of 30% of the total cost must be paid within 24 hours of booking;
b. the second payment of 30% of the total cost must be paid no later than 30 days after the booking date;
c. the third payment of 40% of the total cost must be paid no later than 60 days after the booking date; in any case at 30 days before the event all payments should be done.
d. If the booking is made in the period of 30 days before the event begins (check your booking to see the exact date), a payment of 100% of the cost must be paid upon booking.
For Cabin Bookings
a. the first payment of 50% of the total cost must be paid within 24 hours of booking;
b. the second payment of 50% of the total cost must be paid no later than 30 days after the booking date;in any case at 30 days before the event all payments should be done.
For Solo Spot Bookings
a. the first payment of 100% of the total cost must be paid within 24 hours of booking;
For all types of bookings, guests may choose to pay the entire amount owed in one lump sum.
20. The payment terms for bookings with the ‘Flexible Payments’ tag may differ from the payment installation plan within clause 19. Please check your booking for the correct payment terms specific to your booking as the payment terms of your booking will prevail to those in these terms and conditions. For the avoidance of doubt, VE guarantees that where your payment terms differ to clause 19, your specific payment terms will never be less favorable to those in these terms and conditions.
21. Failure to pay an instalment by a payment due date confers on VE the right to cancel the booking with no refund.
22. It is the guests’ responsibility to check the payment due dates and ensure that payments have been made in accordance with the payment instalment plan. Any delay in making a payment may result in your booking being cancelled by VE without a refund. If you are likely to be unable to make a payment on time you must contact VE as soon as possible to request an extension to the relevant payment due date. If such an extension is agreed, VE will communicate this to you in writing.
23. The first payment due date is no later than 24 hours from the time of receipt of booking confirmation. This booking confirmation may be sent by either VE. If this first payment is not made the booking will be automatically cancelled and reopened for bookings from other guests.
24. If payments are not made from an account/card in the name of the Crew Leader, VE reserves right to request authorization from the account holder.
CANCELLATION AND VARIATION POLICIES
Variation by VE
25. As VE’s booking information is prepared well in advance, some minor aspects of your booking may have to change closer to the time of your holiday in order to make the booking work. You will be notified before any such changes are made provided you have already made a booking.
26. If major changes to your booking are needed, you will be notified as soon as is reasonably possible. In this instance you will be able to either:
a. cancel the booking with a refund of all sums you have paid less cancellation charges within the meaning of clauses 33 and 35 (‘Refundable Sums’);
b. choose to accept the changes; or,
c. make an entirely new booking.
You must inform VE of your decision within three working days of being informed of the changes made to your booking. If no action is taken VE shall be entitled to infer that you have chosen to accept the changes.
27. There is a possibility that the yacht you select when booking may not be available. Should this be the case, VE shall notify you as soon as possible. VE reserves the right to either cancel your booking in accordance with clause 3 (d, e) and/or 28 or offer you a replacement yacht.
a. For the avoidance of doubt, if VE offers a more expensive replacement, which contains all the same facilities as the yacht you chose on booking, this shall be considered an upgrade.
b. If you are upgraded, VE reserves the right to downgrade you to a yacht of the same quality as that which you originally booked in the case that the upgrade offer becomes unavailable. Should this happen, VE guarantees that you will receive the same quality and type of yacht you originally booked or better.
Cancellation by VE
28. VE reserves the absolute right to cancel your booking under any circumstances. If VE cancels your booking under this clause 28 you will be entitled to a full refund of all Refundable Sums. Alternatively, you may choose to accept another booking of the same type and quality as a replacement for the cancelled booking. If you accept VE’s offer of a replacement booking of lesser quality, then you will be entitled to a refund of the difference in price between the original booking and its replacement.
29. VE will not cancel your booking under clause 28 after the balance due date unless you default in the payment of the balance or such cancellation is necessary as a result of force majeure.
30. VE reserves the right to cancel your booking without any refund if you do not meet your obligations under clause 4 (Crew Leader’s authority to act on behalf of other guests); clause 11 (conformity with Booking Ratio); clause 18 (payment in currency other than EUR(€)); clauses 42 to 45 inclusive (change of customers); clause 64 (travel insurance); and clauses 91 and 92 (reselling).
31. VE reserves the right to cancel your booking without any refund if circumstances arise that make the booking impossible which are out of VE’s control or which VE could not have prevented. Some examples of such situations are dangerous weather conditions, fire, natural disaster, industrial actions, war, riots, and natural disasters. There may be many other such situations.
Cancellation by You
32. If you decide to cancel your booking;
a. the Crew Leader must inform VE in writing as soon as possible. Your booking will not be cancelled until VE receives your notice of cancellation in writing. If you transmit this written notice by email, then you must follow up via telephone during VE’s normal office hours (any week day except a public holiday between the hours of 0900 – 1730) to check that the email has been received; and
b. as any payment by you triggers VE’s obligations with the charter companies, any sum paid towards the first instalment, even if not the full amount, will not be refunded (by way of example: if you pay 10% upon booking and elect to cancel your booking before the deadline for payment of the first instalment, that amount will not be refunded to you).
33. If you cancel your booking to a The Ocean Week event the following minimum cancellation charges (as a percentage of the total booking cost) shall apply:
a. From booking date to 91 days before event date (check your booking to see the exact date) – 50%
b. From 90 to 60 days before event date (check your booking to see the exact date) – 80%
c. Within 60 days of event date (check your booking to see the exact date) – 100%
a. From the date of booking to 90 days before the date of the event (check your booking to see the exact date) – 70%
b. Between 89 days and the date of the event (check your booking to see the exact date) – 100%
If you cancel your booking to a The Ocean Week event the following minimum cancellation charges (as a percentage of the total booking cost) shall apply:
34. The cancellation charges for bookings flagged with a ‘Flexible Payment’ tag shall differ from the charges listed within clause 33. For bookings with the ‘Flexible Payment’ tag, the cancellation charges shall reflect your payment terms. For the avoidance of doubt and by way of clarity, where you cancel a booking of this kind, VE shall retain all sums paid up until cancellation.
35. You will also be liable to pay any cancellation charges imposed by suppliers or any other costs incurred by VE. VE may use money that you have previously paid to cover cancellation charges or to pay charges imposed by a supplier without refund to you. VE will take reasonable steps to ensure that all costs and losses are kept to a minimum.
36. Without prejudice to clauses 32 and 33, in the event any Refundable Sums are due to you under these terms and conditions, VE reserves the right to apply an administration fee equivalent to 5% of the value of the total of the Refundable Sums. If VE exercises this right the administration fee shall be withheld by VE and will not be paid to you.
37. Your travel insurance policy may cover cancellation charges, please check your individual policy for details.
Variation by You
38. If you would like to change any aspect of your booking, the Crew Leader must inform VE as soon as is reasonably possible. You will be responsible for the additional costs we incur in catering for the changes you request. Cancelling a chef or hostess before full payment is made to VE will incur a EUR(€) 100 administration fee.
39. Please note that VE may not be able to cater to all changes you might wish to make. All changes will be subject to availability and will be made at VE’s discretion.
40. Changes of yachts or dates will be treated as cancellations and charges will be applied in accordance with clause 33. However, in the event that a more expensive booking is subsequently made and the previous yacht is resold at the original booking value, the usual cancellation fee shall be waived and an administration fee equivalent to 10% of the original booking cost shall be levied in its place.
41. The Crew has to provide at least three meals per day to skipper or hostess and chef if applicable.
Change of Customer
42. If the Crew Leader or any member of your Crew no longer wish to participate in the charter or benefit from the services booked, VE may, subject to availability, agree to a substitute customer being added to the booking. You should notify VE in writing at least 14 days before the date of your trip of your intention to substitute a person on the booking. However, this is subject to VE’s written acceptance of the arrangement and both the leaving and the substitute parties accepting joint and several liability for full payment of any sums outstanding for the booking.
43. VE may charge you an administration fee of EUR(€) 25 per Crew Leader or Crew member name change. VE retains the absolute right to refuse to accept the substitution.
44. Without prejudice to the applicability of clauses 11 and 42 (or any other clause in these terms and conditions) VE reserves the right to apply a EUR(€) 200 administration fee in the event you request any manual change to be made to your booking. For the avoidance of doubt, manual changes are those changes which must be authorised by VE and implemented on an ad-hoc basis by a member of VE’s staff. The EUR(€) 200 administration fee shall apply per manual change and shall not be a blanket administration fee applicable to a bundle of manual changes.
45. In requesting a change of customer pursuant to clauses 42 to 43 inclusive, the Crew Leader must confirm that the new guest has read and agreed to these terms and conditions.
46. You can find specifications, measurements, inventories and other data relating to yachts on The Ocean Week website. However, VE cannot guarantee that the yacht will meet the exact details described on the website. Since this information is provided by the charter company, you should liaise with the charter company regarding any discrepancy between the description on The Ocean Week website and the yacht you are given.
47. Pictures of yachts are intended only to give a general idea of the type of yacht you are chartering. Sometimes there are differences between the yacht shown in a picture on the website and the yacht you are given by the charter company. Since these pictures are provided to VE by the charter companies, VE cannot guarantee that your yacht will be the exactly the same as the one shown in the picture on our website. However VE guarantee that the number of cabins, baths, the model of the yacht and all the specifications and measurements are exactly the same.
48. Each supplier will have their own terms and conditions. If you make a booking through VE this will be taken as irrefutable evidence that you have read and agreed to your yacht suppliers’ terms and conditions. Some suppliers’ terms will limit or exclude liability on the part of the relevant supplier and, by virtue of their application to your contract with us, these will also limit or exclude our liability to you. If you need any help locating and reading suppliers’ terms, please contact VE through the ‘Contact Us’ section of The Ocean Week website at www.theoceanweek.com
49. Upon arrival, VE will require a deposit to cover additional cleaning, loss, or damage caused to the boat or equipment included in extra equipment rented. This will be refunded (less any sums deducted) at the end of your trip and payment can usually be made by credit, debit card or cash.
50. 51. At check-in you may be required to sign the charter company’s terms.
51. VE makes no representation regarding any vessel’s seaworthiness or the state of any ancillary equipment. Such representations may only be made by the supplier of the vessel or equipment.
52. If not the whole crew, the Crew Leader and the person who paid the deposit (unless they are the same person), must be present at check out. If absent, should VE deduct any sums from your deposit for damage to the yachts, the skipper will not be in a position to argue the costs not attributable to him and will be forced to sign off on the damages in order to proceed with check-out. As a result, the crew risk losing their deposit and VE cannot accept liability for the return or loss of such monies (see clause 50).
53. The itinerary, as provided to you, may be affected by weather conditions (e.g. circle raft might not be viable in adverse weather conditions). Whilst we try our utmost to ensure the itinerary is followed as closely as possible, VE cannot be held liable for deviations in the itinerary due to circumstances out of our control.
54. Your booking does not include transport to and from your home country, coach transfers between the airport and the marina, or any other type of transport unless you have selected transfers from VE’s website as an optional extra if applicable.
55. Crews who have selected coach transfers between the airport and the marina (or any other type of transfer) from VE’s website as an optional extra agree to be bound by the rules and regulations of travel and to following the reasonable instructions of the driver at all times. Failure to comply with any relevant legislation (e.g. rules relating to the consumption of alcohol or smoking while travelling by coach) or any reasonable request from either the driver or a member of VE’s staff will be treated as a breach of contract by the Crew(s) concerned. This may result in the holiday booking being terminated and/or the expulsion of the vehicle of the Crew(s).
56. Coach transfers are offered as a standalone option and are linked directly to published flight times. VE will not, in any case, accept any responsibility for cancelled, delayed, rescheduled flight times or re-routed flights purchased through a third-party that affects the booked coach transfer. Should a booked flight be cancelled, delayed, have its flight times rescheduled or re-routed by the relevant airline, VE cannot alter published coach transfer schedules in order to accommodate such changes since coach transfer provide transport for multiple inbound and outbound flights.
57. VE will not monitor any changes to individual flight details. Should your flight be cancelled, delayed, re-scheduled or re-routed by the relevant airline after a coach transfer has been booked, it is the responsibility of the guest(s) to inform VE. Likewise, if flight details or transfer timings are entered incorrectly by the booker VE shall not be liable for any direct or indirect loss or damage this causes.
58. It is the responsibility of the Crew Leader to ensure adequate time is allowed for the transfer, traffic delays and airport formalities. VE shall not be liable for any direct or indirect loss or damage resulting from missed flights or appointments.
59. Whilst VE takes every effort to ensure a high standard of service, transfer providers are third party suppliers and therefore VE cannot be held accountable for any service failings on their part.
60. In the event that the relevant coach transfer is cancelled by VE, the affected Crew(s) will be offered a full refund of the coach transfer cost only thereby allowing the affected Crew(s) to use this refund towards making their own travel arrangements to and from the destination.
61. Regardless of mode of transport delays can occur. By choosing to travel by transfer The Crew Leader acknowledges on behalf of their Crew that due to weather conditions, mechanical failure, traffic, an accident or some other reason, the likelihood of delay often cannot, even with all due care, be predicted or prevented. Accordingly, VE cannot accept liability for any inconvenience or expenses you may incur as a result of such delays.
PASSPORTS AND VISAS
62. It is your responsibility to have valid travel documents. You must ensure that you have a valid passport and any necessary visas to enter any country you are visiting, including transit stops, prior to your departure.
63. VE cannot help you to obtain the correct passports, visas, or other documentation that you might need to enjoy the booking made through VE.
64. VE does not sell or organiz travel insurance. You must buy travel insurance before going on holiday. You should make sure that your insurance policy covers adventurous activities such as sailing. Please read your policy carefully to ensure it complies with this requirement. It is a condition of your booking that you have a suitable travel insurance policy in place. VE accepts no liability to those who travel without travel insurance in breach of this clause.
65. If, in our reasonable opinion or the reasonable opinion of the provider of any part of the services to which your booking relates, while on holiday your behavior poses a danger to you or those around you, causes or is likely to cause damage to people or property, breaches any local law, or causes or is likely to cause a public nuisance, VE will have the right to cancel your booking without paying you any refund. This means (among other things) that your skipper could refuse to continue to work and that you could be made to leave a yacht you have booked at any time during your booking.
66. External speaker systems are not permitted. Music must not be played in marinas after 8pm.
67. The nature of some of the activities you may choose to participate in during your holiday may involve a degree of personal risk. You accept these risks and accept that you are responsible for your own actions.
68. VE acknowledges that guests may wish to consume alcohol. You must, however, do so responsibly and VE accepts no liability to you for any injury, loss or damage you suffer as a result of your judgment being impaired wholly or partly by alcohol or drugs.
69. VE operates a zero tolerance drug policy. If you are found in possession of illegal substances, VE reserves the right to cancel your booking without paying you a refund. This means (among other things) that you could be made to leave the yacht you have booked at any time during your booking. VE reserves the right to inform the relevant law enforcement authorities as we see fit.
70. Skipper is mandatory to your booking, for you own safety and enjoyable event you must accept that the skipper is in charge of the yacht. The skipper will make decisions on behalf of the boat based on safety, the general consensus of the crew and local knowledge/experience of conditions and circumstances. VE will not be liable for any itinerary changes made by the skipper in the interests of safety and guest experience.
71. 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. You should email email@example.com with any inquiries relating to lost property. If we are able to locate lost property and arrange for its return all costs of doing so must be paid to us in advance along with an administration fee EUR(€) of 25 and TYW reserves the right to increase the administration charge for the return of lost property for bulky items with special dispatch costs. TYW cannot be held responsible for any lost property in any circumstance whatsoever as it is your personal responsibility to look after your belongings.
72. VE may collect still and video images of you during the course of your holiday for advertising and promotional purposes. By booking through VE you agree that such images may be collected and used by VE however VE sees fit including commercial use and sale of the images. The images may be cropped, altered, combined or otherwise edited. You also agree that VE will retain ownership of all rights in connection with such images.
73. If you do not wish to be on camera or video this should be brought to the attention of VE by sending an email to firstname.lastname@example.org before the commencement of your holiday. This should include the name and contact details of the person who does not wish to be photographed or videoed along with your booking number and contact details.
74. VE accepts responsibility for using reasonable care and skill to ensure that your holiday is supplied as described in our promotional material, and that services offered and carried out are of a standard reasonably expected by a person skilled in offering and carrying out such services.
75. VE will take reasonable care to ensure that reputable suppliers and businesses provide the services that make up your holiday. These organizations follow local and national regulations and laws of the country in which they operate. You agree that overseas safety standards or the standard of any component of your package holiday booking may differ from those in your home country and in some instances may not meet the standards you are accustomed to at home (i.e. including but not limited to air-conditioning, refrigeration, Wi-Fi and lavatories).
76. Our obligations, and those of our suppliers, in respect of reasonable care will be complied with in accordance with local law or, in the absence of this, local custom. Compliance with any applicable regulatory requirements will constitute proper performance on the part of VE in the discharge of their duties and obligations under these terms and conditions.
77. VE will not be liable where any failure was due to: a. the acts and/or omissions of the person(s) affected;
b. the acts and/or omissions of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable;
c. unusual and unforeseeable circumstances beyond our control (for example, adverse weather conditions and congestion), the consequences of which could not have been avoided even if all due care had been exercised; or,
d. an unusual event which either ourselves or the supplier of the service(s) in question could not have foreseen or avoided even with all due care.
78. Our liability is, in all cases save for death or personal injury, limited to twice the price of the holiday booked. Any sum received by you from suppliers will be deducted from any sum paid to you as compensation by us.
79. VE will not be liable for the compensation of any lost flights or reimbursement of flight costs where flights are lost due to circumstances out of our control (for example, due to adverse weather or congestion).
80. Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier to which any international convention or regulation applies, the maximum amount of compensation VE will have to pay you will be limited in accordance with any relevant international conventions.
81. You are obliged to assist VE in recovering from any third party any sum that may compensate us for any sums we pay to you. In particular, you are obliged to assign to us any rights that you may have against any other person whose acts or omissions have caused or contributed to our liability to you. You must also provide us with all the assistance we may reasonably require.
82. VE and those associated with it are not responsible for organising activities, excursions etc. on-site. Such activities will not form part of your package arrangements. If you suffer illness or injury whilst overseas arising out of an activity that does not form part of the contractual package arrangements, we are not responsible for the provision of the excursion or activity or for anything that happens during the course of its provision by the operator.
83. Other than as is detailed in these booking terms and conditions, we shall have no legal liability whatsoever to you for any loss or damage which you suffer arising directly or indirectly from any aspect of your package.
84. Making a booking signifies your acceptance of the terms and conditions of The Ocean Week’s general waiver. This is available to view here.
85. VE maintains the highest standards in choosing yacht supplier partners. If you are unhappy with the performance of any element of a booking made through VE, you must address your complaints to a member of VE’s staff as well as the supplier at the earliest possible opportunity. We will then attempt to find an appropriate solution. Please allow us a reasonable opportunity to rectify the problems you are experiencing. Many complaints can be rectified on the spot or will be referred to a more senior member of staff. Failure to register a complaint at this time is likely to affect your right to compensation.
86. If you are dissatisfied with how your complaint was addressed please contact our Portugal office within 28 days using the contact details provided on The Ocean Week website.
DISABLED CUSTOMERS AND CUSTOMERS WITH SPECIAL REQUIREMENTS
87. It is important that you tell us about any special needs and requirements so that suitable arrangements can be made. VE cannot be held responsible if you fail to tell us about special needs/requirements that may impact upon your holiday. As such, we will not compensate you in these circumstances. If you need support or advice prior to booking, please contact us prior to booking using the contact details available on our website.
88. If you have a medical condition, mobility problem or a disability which may affect your holiday, we may require a doctor’s certificate or other documentation relating to such condition, problem or disability. Please provide us with full details of any such condition, problem or disability in writing at the time of booking.
89. VE will use your personal data for the purpose of administration, statistical analysis, assessment and analysis, marketing, host mailing, customer services, customer profiling, analysing your purchasing preferences, and improving services. VE may disclose your information to its service providers and agents for these purposes. You have a right to request a copy of the personal data VE holds about you, for which VE may charge a small fee, and to correct any inaccuracies in your information.
91. VE does not permit reselling of its products without prior written consent. VE does, however, work with a select group of country managers who promote VE’s products in various locations.
92. If you believe your booking may have been resold in breach of these terms and conditions, please contact The Ocean Week’s Customer Services Department forthwith.
93. No failure or delay by VE in enforcing these terms shall prevent VE enforcing them at a later date or act as a waiver of its right to do so. Similarly, partial enforcement shall no preclude further enforcement of the same, or another, term at a later date.
94. If any provision or part of a provision, of these booking conditions is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provision or part- provision will be struck out of these booking conditions and the remainder of these booking conditions will apply as if the offending provision or part-provision had never been agreed.
95. You may not transfer or assign any of your rights or obligations under these booking conditions without VE’s prior written consent.
96. Your contract with VE shall be governed exclusively by the law of Portugal. The courts of Portugal shall have exclusive jurisdiction to adjudicate upon any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes and claims).