Terms and Conditions
The following Booking Conditions form the basis of your contract with Barcelona Balearics Sailing Association. Please read them carefully as they set out our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these booking conditions and agree to them.
All references in these booking conditions to “holiday”, “booking”, “contract”, “package”, “tour” or “arrangements” mean such holiday arrangements unless otherwise stated. In these booking conditions, “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them, as the context requires. “We”, “us” and “our” means Barcelona Balearics Sailing Association.
Please note that for some bookings we act as agent only for the supplier concerned with whom you will have a contract. This is usually only the case if we're unable to fulfill your booking requirements ourselves. This means that you will not have a contract with us for any such arrangements and instead your contract will be between you and the relevant supplier. The relevant supplier's terms and conditions will apply.
Making your booking:
The first named person on the booking (“party leader”) must be authorized to make the booking on the basis of these booking conditions by all persons named on the booking and by their parent or guardian for all party members who are under 18 when the booking is made. By making a booking, the party leader confirms that he/she is so authorized. The party leader is responsible for making all payments due to us. The party leader must be at least 18 when the booking is made.
Subject to the availability of your chosen arrangements, we will confirm your booking by issuing a confirmation invoice. This invoice will be sent to the party leader. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so.
Special requests and medical conditions / disabilities:
If you have any special request, you must advise us at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. For your own protection, you should obtain confirmation in writing that a special request will be complied (where it is possible to give this) where it is important to you.
We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfillment of a particular request. All such bookings will be treated as “standard” bookings subject to the above provisions on special requests.
Sailing can be hard and requires a reasonable level of physical and mental strength. If you or any member of your party has any medical condition or disability which may affect your sailing trip or has any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. In any event, you must give us full details in writing at the time of booking and whenever any change in the condition or disability occurs. You must also promptly advise us if any medical condition or disability which may affect your holiday develops after your booking has been confirmed. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline their reservation or, if full details are not given at the time of booking or the condition / disability develops after booking, cancel when we become aware of these details.
Cancellation by you:
Should you or any member of your party need to cancel your sailing trip once it has been confirmed, the party leader must immediately advise us in writing. Your notice of cancellation will only be effective when it is received in writing by us at our offices. As we incur costs from the time we confirm your booking, the following cancellation charges will be payable. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable, excluding insurance premiums and amendment charges. Insurance premiums and amendment charges are not refundable in the event of cancellation.
Period before departure within which written notification of cancellation is received by us
Cancellation charges of 10% of the total booking fee shall be applicable to cover our booking costs for bookings that are up to 7 days before departure. Refunds of up to 50% of the total booking fee can be made up to 48 hours before departure. Within the last 48 hours before departure, any booking payment is non refundable to cover the loss of business.
Changes and cancellation by us:
Occasionally, we have to make changes to and correct errors in brochure and other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. However, we promise we will only cancel your confirmed booking after you have made full payment where we are forced to do so as a result of circumstances outside our control/“force majeure”. For sailing flotillas we reserve the right to place you in a yacht according to the yachts available, the total number of participants and also all participants sailing experience, this may involve the use of larger or small yachts and we both agree that any change of yacht for these bookings will be classified as a minor change.
It is a condition that you and your party obtain suitable Travel Insurance, from a reputable provider, which must at least include the following: -
Emergency Medical Expenses including, amongst other costs; ambulance charges and repatriation
Cancellation of your trip or Curtailment cutting short your trip
Personal Liability to include, amongst other liabilities; damage caused by your (or your party’s) negligence to the property in which you are staying and may not include a clause which restricts actions being taken against a travelling companion other than family and must include contractual liability of the party leader for the actions of his party.
Travel and transfer delays which must include amongst other costs; additional costs incurred in the event of a delay.
The policy must include the activities you are likely to do and in particular sailing in European waters
The policy must cover the period from the date of booking to the last day of your trip and may not have a clause allowing the insurer to cancel the policy nor vary the terms usually following medical reasons unless there has been individual underwriting with specific terms.
Note:- There are of course other sections to a Travel Insurance policy such as Baggage, Legal Expenses, Personal Accident, Natural Disasters and so on
Failure to obtain any such suitable insurance may mean you are liable in full for all claims for damages, costs, and expenses made against you personally.
Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. We do not check alternative insurance policies.
Excursions, activities and general area information:
We may provide you with information (before departure and/or when you are on holiday) about activities and excursions which are available in the area you are visiting.
We have no involvement in any such activities or excursions which are neither run, supervised nor controlled in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability will not apply to them. We do not however exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury. We cannot guarantee accuracy at all times of information given in relation to such activities or excursions or about the area you are visiting generally or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control. If you feel that any of the activities or excursions referred to in our brochure, on our website and in our other advertising material which are not part of our contract are vital to the enjoyment of your holiday, write to us immediately and we will tell you the latest known situation. If we become aware of any material alterations to area information and/or such outside activities or excursions which can reasonably be expected to affect your decision to book a sailing trip with us, we will pass on this information at the time of booking.
Smoking, Alcohol, Behavior and damage:
When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to us (the captain or skipper at that time)as soon as possible. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. Food and drinks are occasionally provided by the association as part of a complimentary service. We do not accept any liability for sickness, illness or death. This is the sole responsibility of the individual involved. Although food and beverage is fresh and of a very high standard, we cannot cater for peoples tastes and allergies without prior knowledge. Full responsibility lies within the booking party to inform the skipper of any special dietary requirements.
You should ensure you have appropriate travel insurance to protect you if this situation arises.
We expect all clients to have consideration for other people, themselves, and any property including our yachts. You are not permitted to smoke below decks at any time and not above deck on a shared sailing trip if any one person or the skipper/captain disagrees to the action of smoking. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, including excessive alcohol consumption, we are entitled, without prior notice, to terminate the sailing trip of the person(s) concerned. In this situation, the person(s) concerned will be required to leave and reimburse all other guests as they wish. We will have no further responsibility toward 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 the termination. Person (s) deemed to be under the influence of alcohol or drugs prior to boarding the yacht can and will be dismissed from the trip as the captain/skipper sees fit. This is without any refund to the unfit person (s).
Brochure / website / advertising material accuracy:
The information contained in our brochure, on our website and in our other advertising material is believed correct to the best of our knowledge at the time of printing or publication. However, errors may occasionally occur and information may subsequently change. You must therefore ensure you check all details of your chosen sailing trip (including the price) with us at the time of booking. The Association occasionally uses photographs, taken during holidays, in promotional material for the marketing of our holidays. We prefer to use real people enjoying themselves rather than contrived posed shots. If you do not wish to be photographed in this way during your holiday please let us know. Photos sent to us for competitions or to illustrate your holiday are done so on an open source basis, we reserve the right to use them to promote our sailing trips unless you restrict their use at the time.
Complaints and problems:
In the unlikely event that you have any reason to complain or experience any problems with your sailing trip with us, you must immediately inform us and the supplier of the service(s) in question if a supplier was used. Any verbal notification must be put in writing and given to our us and the supplier as soon as possible. Most problems can be dealt with quickly. If you remain dissatisfied, however, you must write to us within 14 days of your sailing trip, giving your booking reference and full details of your complaint. Only the party leader should write to us. For all complaints and claims which do not involve death, personal injury or illness, we regret we cannot accept liability if you fail to notify the complaint or claim entirely in accordance with this clause. If you fail to follow this simple complaints procedure, your right to claim any compensation you may otherwise have been entitled to may be affected or even lost as a result.
Please note, it is the requirements and standards of the country in which any services which make up your sailing trip are provided which apply to those services and not those of the UK or USA. As a general rule, these requirements and standards will not be the same as the UK and may often be lower. However our skippers are professionally qualified by the British Royal Yachting Association and are fully experienced in the local waters. The boat also maintains a very high standard of safety with all the necessary safety equipment onboard for up to 10 people.