Terms

These Booking Terms and Conditions form an important part of your contract with us. Please read them carefully as they set out our respective rights and obligations. By asking us to confirm your booking, we are entitled to assure that you have had the opportunity to read, and have read these Booking Terms and Conditions, and agree to them.

Allabroad Sailing Academy is a trading name of Allabroad Ltd a Gibraltar Company with registered number 103528, registered address Sovereign Place, 117 Main Street Main Street, GX11 1AA, Gibraltar (“we”, “us”, the “company”, “ourselves” or “our”). References to “you” or “your” in these Terms means you, the customer and any other person in your party. References to “Terms” means the Booking Terms and Conditions set out in this document. All references in these Terms to “booking”, “contract”, “arrangements”, “course” only apply to the arrangements that you are booking with us and which we agree to make, provide, or perform as part of our contract with you. References to “arrival date” mean the start date of these arrangements.

The person making the booking is classed as the “lead name” in any booking that includes more than one person. Where you are the lead name, you guarantee to us that you have the authority to accept (and do accept) these Terms for each person named in your booking with us and that you have drawn these Terms to their attention. You will be the primary contact with us and will accept any communications or correspondence from us on behalf of your entire party.

4.1 You enter into a booking with us when you pay your deposit, demonstrating that these Terms have been read and accepted by you.

4.2 If you cancel, there will be cancellation charges, which can range from the deposit, up to 100%.

4.3 You can make changes to your booking in certain circumstances, and we can make a charge for this.

4.4 We can change or cancel your booking.

4.5 Your booking with us will consist of accommodation aboard a yacht, and services ancillary to accommodation aboard a yacht, such as a skipper. Sailing is ancillary to the accommodation onboard and does not constitute the carriage of passengers, transport, or a travel service in its own right.

5.1 In response to the pandemic and to ensure you feel comfortable and confident booking with us, we have updated our Terms to offer flexible rebooking terms, valid for all new bookings made from May 2021, with arrival dates in 2024.

5.2 Your funds are safely stored separately until your booking with us has been completed; your money is not used for the day-to-day operations of running the company.

5.3 If you book with us and within 7 days of your arrival date there is a UK Foreign, Commonwealth and Development Office (FCDO) advice against “all travel” or “all but essential travel” or a quarantine in Gibraltar or the UK, or we confirm we are unable to operate due to local government restrictions, if you do not wish to travel as planned, you will be given three choices: -

            5.3.1 Postpone your booking to a new date in the future, before the end of 2024

            5.3.2 Accept a refund credit note, which can be used for its full value before the end of 2024

            5.3.3 Cancel your booking with us and received a refund

5.4 You can amend your booking to an alternative date in 2024 subject to availability once, 30 days or more prior to your arrival date, with no amendment fee, with any difference in price to be settled within 24 hours.

5.5 Except as stated above, all Terms agreed to by you when you made your booking, including with regards cancellation, changes, or otherwise,continue to apply.

Adequate and valid travel insurance is compulsory and is a condition of accepting your booking that you agree you, and your entire party, will have obtained adequate and valid travel insurance. We recommend that you take out insurance prior to your booking being confirmed. You are strongly advised to insure yourself against any possible risk that may occur, and in particular to ensure you have sufficient insurance in respect of illness, injury, accident, unemployment or redundancy, dependent relatives, curtailment, force majeure, your personal belongings, your travel documents, money and cards, your electronic devices, your health, and adequate coverage for repatriation and for COVID in your chosen travel insurance policy. You are required to carry proof of insurance with you.

7.1 All telephone, web site, and email bookings will be held for a maximum of 24 hours from us sending you your reservation confirmation offer, after which the confirmed reservation offer will expire.

7.2 You must pay a deposit of 20% to confirm your booking, or if your arrival date is within 60 days, the full payment is required to confirm your booking.

7.3 Deposits are not refundable.

7.4 The balance of your holiday or course must be paid and received by us no later than 60 days prior to your start date. If your balance is not paid in time, we will cancel your booking, and your deposit will be lost.

8.1 You, or any member of your party, may cancel your booking with us at any time. It is your responsibility to ensure that written notification of cancellation by email from the lead name has be received by us. We will confirm by email receipt of your cancellation within 24 hours. Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows:

60 days or more – 20% of the total cost

59 to 29 days – 50% of the total cost

28 to 15 days - 75% of the total cost

14 days or less - 100% the total cost

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

8.2 If for any reason you, or any member of your party, are forced to, or decide to, abandon your booking at any point after it has started, we will not be liable to refund any portion of the booking, nor will any costs incurred in travel or accommodation be our responsibility. Depending on the circumstances, your travel insurance may offer coverage for curtailment, and we suggest that any claim be made directly with them.

9.1 Failure by you to pay the final balance, on or before 60 days before the arrival date, will result in us cancelling your booking, and your deposit will not be refunded, and will not be transferable.

9.2 We reserve the right to cancel your booking due to unavoidable and extraordinary circumstances outside of our control.

9.3 We reserve the right to alter the published schedule or substitute an alternative vessel. If this is unacceptable to you, you may cancel your booking.

9.4 The limit of our liability to you in 9.2 and 9.3 is the full refund of the fees paid to us, or if the booking is already in progress, the limit of our liability to you is the fees remaining after the value of the days, weeks, events, and achievements have been deducted at our standard price. Any remaining fees paid to us will be refund. No payment will be made for any other costs incurred by you, including but not limited to, travel costs, accommodation costs, insurance, changing currency exchange rates, loss of opportunities or earnings, and loss of enjoyment.

It is your responsibility to understand the entry requirements for the destination. We do not accept any liability if you cannot travel because you have not complied with any passport, visa, immigration, or health requirements. We are obliged to follow local laws and regulations, as are you, and these could change at any time without notice.

For all entire yacht events, you are required to pay a sum of £500 as a damage deposit upon arrival at our yacht base. For individual attendance events, and individual attendance multiple-week events, you are required to pay a sum of between £100 and £500 as a damage deposit upon arrival at our yacht base. The damage deposit will be taken prior to embarkation, and if you do not pay, we reserve the right to cancel your booking with us without any further liability and without any right to a refund, and you will not be able to continue with your holiday or course with us. You will be asked to sign a form before embarkation confirming that you fully understand your obligations in the event of any loss or damage to the vessel, ancillary equipment, and to third party property.

For all entire yacht events, you are required to pay a sum of £500 as a damage deposit upon arrival at our yacht base. For individual attendance events, and individual attendance multiple-week events, you are required to pay a sum of between £100 and £500 as a damage deposit upon arrival at our yacht base. The damage deposit will be taken prior to embarkation, and if you do not pay, we reserve the right to cancel your booking with us without any further liability and without any right to a refund, and you will not be able to continue with your holiday or course with us. You will be asked to sign a form before embarkation confirming that you fully understand your obligations in the event of any loss or damage to the vessel, ancillary equipment, and to third party property.

To help you to enjoy the location, we may give suggestions of optional extra activities that may be of interest to you and your party. The contract for the provision of that activity will be between you and the activity provider. The decision to partake in any such activity is entirely at our own discretion and risk. Any concern about the optional extra activity should be directed to the activity provider and not us.

You acknowledge that you, and all members of your party, are expected to behave in an orderly and socially acceptable manor and not to disrupt the enjoyment of others. If, in our opinion, or in the opinion of any another person in authority, your behaviour or that of any member of your party is causing or is likely to cause damage to the yacht or other property, is disruptive, causes unnecessary inconvenience, is threating or abusive, causes danger, distress, upset, or annoyance to us or any other third party, we reserve the right to terminate your booking immediately,and you will be required to leave our property immediately. We will have no further obligations or liabilities to you and your party; there will be no refunds for lost arrangements or accommodation; and we will hold you and your party, both individually and jointly, liable for all damages or losses caused, which must be settled at the time, from the security deposit or payment made over and above the security deposit value. If you fail to make this payment, you will be responsible for meeting any and all claims (including the legal costs) subsequently made by us because of your actions, or the actions of your party, together with all costs we incur in perusing any claim against you.

15.1 If the skipper of your yacht, or any other person in authority, believes you could be disruptive, that you are suffering from a contagious disease, or you have not, or will not, follow our health & safety policies, or you refuse a reasonable instruction from your skipper, or any other person in authority, whether at sea or on land, they can refuse to let you proceed with your arrangements, restrict your movements onboard, disembark you from the yacht, or remove you from your accommodation and our property.

15.2 Your yacht accommodation must only be used by those people named on your confirmation of booking. You are not allowed to let any other person on board.

15.3 You must follow all policies for your safety, and the safety of all others onboard at all times. This includes, but is not limited to, wearing the correct footwear to embark and disembark the yacht, and at all times at sea and on deck. You agree to adhere to our health and safety policy, fire safety policy, and drug and alcohol policy, and any policy amendments implemented by us during your event to enable us to adapt to changing legislation and to attend to your health and safety.

16.1 All courses are delivered and assessed in English

16.2. Due to the nature of some courses, you must declare any medical or physical condition in advance as part of your acceptance onto the course. All information will be treated with the strictest confidence, subject to our data protection policies.

16.3 This disclosure will not automatically prevent you from attending the course, but medical conditions will be assessed on a case-by-case bases.

16.4 Deliberate non-disclosure of the information related to 17.2 and 17.3 will be regarded as a breach of contract and will result in the termination of your course without refund or any further liability to you.

16.5 We strongly recommend that an ENG1 seafarers medical be obtained before embarking on a programme of events that you intend to book with the intention of working commercially with upon completion.

16.6 It is your responsibility to ensure that you arrive with the correct pre-requisite sea time, experience, and certification for your chosen course;full details are found in the RYA Yachtmaster Scheme Syllabus and Log Book G158.

16.7 Although we always provide the best opportunity to obtain qualifications, we cannot guarantee you will pass any course or exam. Certificates will only be issued at the end of a course if, in the opinion of your Instructor(s) and Chief Instructor/Principal, you have reached the necessary standard.

We will not be responsible or liable for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by “unavoidable and extraordinary circumstances or events outside of our reasonable control. These include, but are not limited to:

17.1 Civil unrest, outbreak of hostilities, riot, armed conflict, pollical instability, terrorist activity, war whether declared or not, or threat of preparation for war, nuclear disaster;

17.2 Industrial strikes or labour unrest, airport closures, airspace closures, loss or restriction of air traffic or the rights of airlines to enter airspace, impossibility of the use of railways, public bus services, motor transport, or shipping;

17.3 The acts, decrees, legislations, regulations, or restrictions of any government;

17.4 Fire, flood, storm, earthquake, explosion, subsidence, droughts, epidemic, natural disaster, bad weather, or any act of God.

17.5 While we carry a selection of spare parts to cover foreseeable mechanical or maintenance issues, circumstances outside of control may mean we are unable to rectify breakdowns within the event schedule. Although we will react as quickly as possible to resolve these issues, we are not liable for breakdowns and subsequent delays outside of our control.

You and your party agree that any concerns will be brought to our attention immediately. In many situations, a swift resolution can be provided if we know about them. In the first instance, your concern must be immediately raised with your skipper; if you still feel the matter is unresolved, the chief instructor should be contacted. If you raised your concern at the time, and this was not resolved at the time, and you wish to complain further, we will only accept formal written notice of your complaint by email, acknowledged with a return confirmation of receipt email, within 28 days from the end of your booking with us.

If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless an authorised representative us expressly says that it is a waiver, and such authorised representative tells you so in writing.

These Terms and Conditions set out the entire agreement and understanding between you and us in connection with your booking and supersede any prior representations, agreements, conditions, negotiations, and undertaking, whether made orally or in writing.

If any provision of these Booking Terms and Condition, or any portion thereof, is held to be invalid and unenforceable, then the remainder of these Terms remain in full force and effect.

22.1 These Terms, and any agreement to which they apply, are governed exclusively by and construed in accordance with the Law of England and Wales. We and you irrevocably agree that any dispute, claim, or other matter arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of the courts of England and Wales.

22.2 We and you agree that any dispute, claim or other matter will be dealt with exclusively in the English language.