The following definitions and rules of interpretation apply in these Conditions.
1.1 These Conditions
These are the terms and conditions on which we shall supply services to you. Please read these terms carefully before you submit your Booking Form to us.
1.2 Definitions – the following definitions will apply to these Conditions:
Booking Form: the form furnished by the Company and completed and approved by you, which contains the details of your booking including the deposit amount, Total Voyage Cost, Date of Sail, party details and voyage departure location
Commencement Date: has the meaning given in clause 2.1
Conditions: these terms and conditions as amended from time to time in accordance with clause 12.2
Contract: the contract between the Company and the customer for charter services provided by the Company for the chartering of vessels in accordance with these Conditions
Coronavirus: the disease known as coronavirus disease (reference to which shall include any strains thereof)
Date of Sail: the date of departure on board our vessel
Deposit: the amount stated in the Booking Form as the amount required to secure a booking payable by cheque or telegraphic transfer
Party: a group of persons on board under the responsibility of the Party Leader
Party Leader: the person named on the Booking Form as the primary contact with the Company
Total Voyage Cost: the amount to be paid by you in full prior to the Date of Sail
(a) References to the terms “you”, “your” and “customer” means all persons named on the Booking Form (including anyone who is added or substituted at a later date with the written consent of the Company) or any of them, as the context requires.
(b) Who we are: references to “we”, “us”, “our” and “Company” means Salamander Voyages Ltd, being company registered in Northern Ireland with company registration number NI667527. You can contact us on [email protected]
(c) A reference to writing or written includes email.
2. Our Contract With You
2.1 How we will accept your booking. Completion of the Booking Form by you and payment of the Deposit will constitute an offer by you to book a voyage with the Company in accordance with these Conditions. The booking shall only be deemed to be accepted when we are in receipt of the Deposit from you and we issue our written acceptance of the Booking Form, at which point and on which date the Contract shall come into existence (Commencement Date).
2.2 Services may vary from advertising materials. Any descriptive matter, advertising, descriptions or illustrations contained issued or published by us for the sole purpose of giving an approximate idea of the voyages provided and vessels used and shall not form part of the Contract or have any contractual force. Whilst we shall endeavour to arrange a vessel and services of a high standard, it should be noted that there will be variations of vessel and service standards across the various parts of the world the Company arranges voyages and we shall accept no responsibility or liability for such variations.
2.3 Our Contract. These conditions apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law or practice. The Booking Form and these Conditions comprise the Contract between you and us.
2.4 Quotations. Any quotation given by us shall not constitute an offer and is only valid for a period of 7 days from its date of issue.
3. Your Responsibilities
3.1 Authority to make the booking. The Party Leader warrants that they are authorised to make the booking on behalf of all Party members named on the Booking Form (or by their parent or guardian for all Party members who are under 18 at the Commencement Date) and bind all Party members to these Conditions. The Party Leader must be at least 18 when the booking is made.
3.2 Communication between you and us. The Party Leader shall be the point of contact for communication in respect of the booking and they shall keep the other Party members informed accordingly. As far as possible, the Party members are to discharge any payment to us in one tranche payment citing the booking reference, at such times the payments fall due and owing in accordance with clause 5.
3.3 The need for you to provide accurate details. The Party Leader is responsible checking the details of the confirmation from us and for providing accurate and up to date details in respect of the other Party members. All persons named in the Booking Form (or subsequently included to the booking with our written consent) shall be jointly and severally liable under the Contract.
3.4 Your preparation for travel. Each person within the Party is responsible for ensuring that they are in possession of all necessary travel and health documents before departure. This includes possession of valid passports and any other appropriate visas. All costs incurred in obtaining such documentation must be paid by you. You may be required to pay a sum of money in your own currency to secure an entry visa into the country from which you shall sail. We do not accept any liability if for refused entry onto any transport or into any country due to failure on your part to carry all required documentation.
3.5 Safety instructions. The Party members shall comply with all safety instructions issued by us or our agents so as to ensure the safe travel of all persons aboard the vessel chartered by us for your use, including but not limited to the health and safety handbook circulated whilst on the vessel and the safety demonstration provided at the outset. The Party Leader shall procure that all Party members comply with said safety instructions issued by us and that the Party members behave reasonably.
3.6 Your responsibility to obtain insurance. It is a condition of your booking to have in place a suitable insurance policy which will cover against the cost associated with the necessity of cancellation, changing or varying your booking. We do not sell or organise travel insurance and we recommend you take out insurance as soon as your booking is confirmed. You are required to carry proof of insurance with you.
3.7 Flights not included. The Total Voyage Cost is not inclusive of your flights to the country of the voyage departure and it is your responsibility to arrange your flights. We shall arrange a return a transfer from the nearest airport to the voyage departure location with such cost being included within the Total Voyage Cost, subject to one transfer each way for the entire party. We shall arrange any additional transfers as required upon prior agreement, however such additional transfers shall incur additional costs charged at local rates.
4.1 Changes to Total Voyage Cost. Subject to clause 6, once we have accepted your booking in accordance with clause 2.1, we confirm that the Total Voyage Cost will not be subject to any changes by us except for those in respect of:
4.1.1 taxes and fees in accordance with clause 5.4; and
4.1.2 any currency exchange rates.
5. Deposit and payment
5.1 Deposit. The Deposit shall be paid by the Party Leader on behalf of all Party members in accordance with clause 2.1 and shall be held by us until we have confirmed your booking.
5.2 When you must pay the Payment of Total Voyage Costs. Upon our acceptance of the booking, you must discharge the Total Voyage full and clear funds in accordance with the following provisions:
5.2.1 For all bookings made in the prior calendar year to the Date of Sail (or earlier), 50% of the Total Voyage Cost (less the sum of Deposit paid) must be paid in advance of the 31 December in the year preceding the Date of Sail.
5.2.2 For all bookings made in the year of the Date of Sail, 50% of the Total Voyage Cost must be paid within 7 days of booking (which shall be inclusive of the Deposit).
5.2.3 The remaining balance of the Total Voyage Cost must be received by us not less than 8 weeks prior to the Date of Sail and within 7 days of the date stated in your final confirmation invoice.
5.3 Consequences of failing to discharge the costs. If we do not receive all payments due in full and on time in accordance with clause 5.2, it will be assumed that the booking has been cancelled by you. If you cannot meet any payment on time you must contact us as soon as possible to request an extension to the relevant payment due date. If such an extension is agreed by us, we will communicate this to you in writing. If no such agreement is met or you fail to discharge the outstanding sums as agreed, the booking shall be cancelled and you shall be liable for a cancellation charge in accordance with clause 8.
5.4 We will pass on charges of VAT. Were applicable, the Total Voyage Cost shall be inclusive of VAT, unless otherwise stated within the Booking Form.
5.5 Payment in full and we can charge you interest if you pay late. All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law). If you do not make payment to us by the due date we may charge you on the overdue amount at the rate of 2.5% a year above the base lending rate of Northern Bank Limited from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
5.6 Currency. The currency in which payments are quoted and to be made shall be set out in the Booking Form.
6. Changes by You
6.1 Should you wish to make any changes to your booking, the Party Leader must notify us in writing as soon as possible.
6.2 We will endeavour to assist and accommodate any changes you wish to make but we cannot guarantee to meet any such requests. Any changes will be subject to availability and will be made at our discretion.
7. Changes by us
7.1 Minor changes to the booking. As our promotional material is prepared ahead of season, some amendments may occur. In the majority of circumstances the changes are minor and will not materially affect the nature or quality of the booking. We reserve the right to amend the booking and shall have discretion of whether we notify you of such minor amendment. In addition, we also reserve the right to amend the booking if necessary to comply with any applicable law or regulatory requirement.
7.2 If the change is significant in our opinion, such as having to provide an alternative vessel, we shall inform the Lead Party in writing in advance of the Date of Sail, including the following information:
7.2.1 the proposed change and any impact this has on your booking;
7.2.2 in the event that you do not wish to accept the change, details of any alternative voyage on a gulet of equivalent standard;
7.2.3 your entitlement to cancel your booking where by you will receive a full refund and prompt return of all monies paid should you not want to accept the change or any alternative voyage offered.
8. Cancellation by you
8.1 Cancellation within the cooling off period. The Party Leader shall have the right to cancel the booking within a 14 day cooling off period from the Commencement Date. In such circumstances, the Deposit will be returned in full.
8.2 Notifying us of your decision to cancel. The Party may cancel the booking and in such circumstances the Party Leader must notify us in writing as soon as possible.
8.3 Cancellation charges applied when you cancel where there is no right to change your mind. Save for the circumstances in clause 8.1, all cancellations by you will be subject to cancellation charges. The cancellation charges are a genuine estimate of the Company’s losses owing to such cancellation and shall apply from the date you notify us of the cancellation as follows:
8.3.1 cancellation 120 days or more before Date of Sail – 25% of the Total Voyage Cost;
8.3.2 cancellation between 119 – 90 days before Date of Sail – 50% of the Total Voyage Cost;
8.3.3 cancellation between 89 – 22 days before Date of Sail – 75% of the Total Voyage Cost; and
8.3.4 cancellation 21 days or less before Date of Sail – 100% of the Total Voyage Cost.
8.4 If you wish to cancel your booking after the Date of Sail no refund will be made available to you.
9. Cancellation by us
9.1 We may end the Contract if you break it. We reserve the right to cancel your booking by notice in writing if you fail to perform any of the obligations contained within the Conditions, including but not limited to making full and clear payments by the due date in accordance with clause 5. In these circumstances, such cancellation will be without any liability on our part and you shall be liable for the cancellation charge as set out at clause 8.3 above in accordance with the date of cancellation.
9.2 Events outside our Control. We may be prevented, hindered or delayed from carrying out our obligations in accordance with the Conditions owing to circumstances outside of our control, in the following circumstances:
9.2.1 A Force Majeure Event – reference to which may include but not limited to a drought, earthquake or other natural disaster; an epidemic or pandemic; a terrorist attack, civil war, civil commotion or riots, armed conflict or imposition of sanctions, nuclear, chemical or biological contamination; any law or any action taken by a government or public authority; any labour or trade disputes; or the interruption or failure of utility service; or
9.2.2 A Coronavirus Event – for the avoidance of doubt a Coronavirus Event which is outside our control shall mean travel disruption caused by or arising from the Coronavirus pandemic due to mandatory measures introduced by Government (reference to which shall include local, regional or central government) which prohibits travel from your country or to (and/or within) the country of voyage.
9.3 Outcome of a Force Majeure Event. If, due to a Force Majeure Event, we are prevented, hindered or delayed from carrying out our obligations in accordance with the Contract we shall not be in breach of the Contract nor liable for any failure to perform our obligations under it. We shall notify you in writing as soon as possible to explain that we are subject to a Force Majeure Event and shall liaise with you to arrange an equivalent booking in the following season and transfer your Deposit and any payments made to the amended booking.
9.4 Outcome of a Coronavirus Event. If, due to a Coronavirus Event, either party is prevented, hindered or delayed from completing any of our respective obligations in accordance with the Contract, neither party shall be in breach of the Contract or liable for any failure to perform any of the obligations under it. The party affected by the Coronavirus Event shall notify the other party in writing as soon as possible to explain that they are subject to a Coronavirus Event. Thereafter we shall liaise with you to arrange an equivalent booking in the following season and transfer your Deposit and any payments made to the amended booking.
9.5 In the event that other such exceptional circumstances arise which are not a Force Majeure Event or Coronavirus Event, cancellation by us may be necessary. In such circumstances we shall notify you in writing as soon as possible and shall offer you an alternative voyage or a full refund of all sums paid at the date of such cancellation.
10. Our Responsibility for Loss or Damage Suffered by You
10.1 References to liability in this clause 10 include every kind of liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
10.2 Nothing in this clause 10 shall limit your payment obligations under the Contract.
10.3 Nothing in the Contract limits any liability which cannot legally be limited.
10.4 Our total liability to you for all loss arising or damage shall not exceed the Total Voyage Cost.
11. Data Protection
12.1 Entire Agreement
The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Except as set out in these Conditions, no variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement. If any provision or part-provision of this Contract deleted the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
12.5 Third Party Rights
Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
12.6 Governing Law
The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.