TERMS & CONDITIONS
Updated – November 2019
Any purchase of a product offered by Boreal Adventure Sailing AG (“Boreal Adventure Sailing”) implies the acceptance by the Customer (or “Guest”) of the following terms and conditions:
1. OUR OFFERS
All descriptions and content on our website or otherwise issued by us are intended to present a general idea of the services provided. Not all details of the relevant services can be included on our website. All services shown are subject to availability.
Only the services and prices mentioned on the travel factsheet provided for the purposes of completing a booking are considered contractual.
In case of discrepancies, the information contained in the travel factsheet shall prevail.
Certain activities performed during our voyages may require a level of physical fitness. We recommend that you contact us regarding the level of difficulty involved in your selected activity. It is up to each participant to determine on the basis of the information provided whether she / he has the appropriate physical fitness level.
To guarantee the safety of Guests, the skipper and / or the guide may at their sole discretion and without any responsibility for Boreal Adventure Sailing AG, prevent a Guest from participating to an activity due to inadequate physical fitness level.
2. PRICE AND BOOKING
The applicable prices are those available on the website for the selected program.
Unless otherwise stated accommodation is in double bed cabins (2 persons). A single cabin (1 person) may be requested with a price surcharge.
We reserve the right to amend advertised prices at any time.
The prices appearing on our website / documentation on the date of the Booking Form are definitive. Notwithstanding the foresaid, price changes after the date of the Booking Form may arise from subsequent material increases in fuel costs, changes in or new fees (e.g. embarkation & disembarkation fees) or introduction / increase of taxes and government fees.
- Stay onboard the ship for the specified travel duration.
- Professional skipper, first mate and, except for offshore sailing, a professional guide.
- Standard offshore lifejacket and lifeline.
- Shore landings and tours with the dinghy.
- Bedding and towels.
- onboard food, snacks, hot beverages and non-alcoholic beverages.
- Fuel and all port dues.
- Air fares to and from departure point.
- Insurance (personal medical, travel, cancellation, etc).
- Alcoholic beverages.
- Food and beverages on the day of arrival until boarding.
- Ski, trekking or other outdoor activity gear and clothing.
- Voice and data communication using onboard equipment.
- Entry fees into parks, museums, etc.
If you wish to rent equipment during your stay (including safety gear, please refer to the paragraph below), please indicate so in your pre-booking e-mail or online form. We are able to provide rented equipment subject to sufficient notice time and availability of gear. Equipment rental will be charged and included in the price.
COMPULSORY PERSONAL SAFETY EQUIPMENT SET FOR SAIL & SKI
In order to participate to ski-mountaineering activities it is mandatory for each Guest to carry a fully functional avalanche rescue set including: probe, searcher, shovel and rucksack.
Safety gear will be checked upon arrival. In case of missing, malfunctioning or inadequate gear, replacement gear may be rented subject to availability.
Please indicate in the pre-booking form or email if you wish to rent a safety gear set.
INFORMATION REQUESTS AND PRE-BOOKING
Please contact us in writing via email (email@example.com) indicating the specific activity and dates appearing on our website / brochures you are interested in as well as the number of participants, or simply by filling our online pre-booking form, without any financial commitment.
We will be in contact with you via e-mail / phone to review in more detail your requests and provide relevant information.
For bespoke voyages, please contact us in writing via e-mail indicating that you wish to arrange a private tour.
In any case, we also recommend that shortly after submitting your email / online form, you contact us by phone to make sure we have properly received all necessary information to address your request.
A Booking Form (BF) will be issued by Boreal Adventure Sailing AG to you.
The Booking Form, duly completed and signed, shall be sent via e-mail to:
A booking is firm and final once the Booking Form, completed and signed, has been received by Boreal Adventure Sailing AG and the amount of the corresponding down-payment has been settled in accordance with Article 3 “PAYMENT TERMS”
3. PAYMENT TERMS
DOWN PAYMENTS AND BALANCE
The following payment terms apply:
- 35% down-payment of the travel price within 10 days from the date of receipt of the Booking Form. In the event the down-payment is delayed, we can not guarantee the booking.
- 35% down-payment on or before 90 days from the departure date
- The balance of the travel price, 30%, is due on or before 60 days from the departure date.
Fort short notice bookings 100% of the travel price is payable upon submission of the signed Booking Form.
Any delay in paying a down payment and/or the balance of the price will be considered a cancellation by you after a short grace period. Cancellation fees under Article 5 will be applied.
MEANS OF PAYMENT
You will be able to pay for your trip (i) by credit card (Visa, Eurocard, Mastercard, exclusively) or ii) bank transfer to:
Bank: Credit Suisse AG
Account: Boreal Adventure Sailing AG.
IBAN EUR: CH45 0483 5129 1593 2200 0
All payments by means of Credit Card will have a surcharge of 1%. In case of failure to collect Credit Card payment, default interests and collection costs may apply.
Within 14 days of receipt of each down-payment and balance, the person having signed the Booking Form will be issued an invoice.
4. TRAVEL INFORMATION
Before registering to undertake your trip, you must verify that each traveler, depending on their personal circumstances and nationality, is in possession of a passport or ID card as well as any other documents(s) (visa/exit authorizations, family booklet, etc.) necessary and in accordance with the requirements to transit and/or enter the countries of travel.
We provide information support to our Customers regarding formalities.
Please note that certain countries / local authorities require the advanced transmission of passenger personal data: Your names, first names, date of birth and gender on the passport or ID Card that you will use for your trip. If you do not follow this procedure, you may be refused entry to the territory (transit or final destination), without responsibility, claim or liability against Boreal Adventure Sailing AG.
5. CANCELLATION & INSURANCE
CANCELLATION BY A CUSTOMER
If you are required to cancel your trip before it starts (departure date), you must inform Boreal Adventure Sailing AG as soon as possible in writing (e-mail to firstname.lastname@example.org). The date of your written notice will be used as the cancellation date to charge the cancellation fee.
The cancellation fee shall be as follows:
- If cancelation date is more than 365 days before departure date, no cancellation fee is applicable.
- If cancelation date is more than 90 days before departure date: 25% of the travel price.
- Cancelation 90 to 45 days before departure: 50% of the travel price;
- Cancelation less than 45 days before departure: 100% of the travel price.
For cancelations of Bespoke Voyages an additional cancellation fee of EUR2’000 applies.
For any cancellation by the Customer, costs incurred by the traveler such as transportation to the departure point of the trip and return home, fees visa documents, travel documents and vaccination fees will not be subject to any reimbursement.
If cancellation by the Customer occurs as a result of unpredictable or unavoidable events by the Customer or by a third party (e.g. flight cancellations, loss or theft of luggage or personal belongings) other than Boreal Adventure Sailing AG, Boreal Adventure Sailing AG can not be held responsible nor can it be required to reimburse related costs, including cancellation fees.
The Customer can request consent for a third party to take their place, up to 7 days before departure. The replacement Customer must be willing this Terms & Conditions. The Customer is responsible for finding his/her replacement. The replacement Customer must fulfil all the conditions associated with the contract, including medical health and fitness. The Customer and the person replacing them shall be jointly and severally liable for payment of the amounts still owed for the travel. Notwithstanding the foresaid, Boreal Adventure Sailing may refuse at its sole discretion the replacement Customer and Cancellation Fees would remain applicable.
EVENTS BEYOND OUR CONTROL
Should Events Beyond our Control occur (which for the purposes of this Terms & Conditions shall be interpreted as events the consequences of which could not have been avoided even if all reasonable measures had been taken such as wars, political unrest, strikes, riots, airspace congestion, bad weather, thefts of luggage or other personal belongings of travelers), Boreal Adventure Sailing reserves the right to cancel the travel, change the dates, schedules or itineraries to ensure the safety of travelers, without possible recourse against Boreal Adventure Sailing AG.
We strongly advise that you underwrite an insurance policy in order to cover you against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; the cost of emergency evacuation; loss of baggage and money; and other expenses.
You should also ensure that your travel insurance covers you for pre-existing medical conditions and the onboard activities you will be participating in.
If you choose to travel without adequate insurance cover, we will not be liable to you for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
6. GROUP SIZE, AGE AND LUGGAGE
The number of Guests onboard the ship as well as for outdoor activities is limited to 6.
Our voyages can accommodate minor children accompanied by an adult, provided that their age and physical fitness make it possible to carry out the program under normal conditions. For SAIL & SKI activities, the minimum required age is 14.
For Bespoke Voyages we may modify the maximum number of Guests to your requests subject to satisfaction, at our sole discretion, of safety and comfort standards.
Hardcase luggage is not admitted on board.
Pets onboard the ship are not allowed.
7. RESPONSIBILITY & LIABILITY
Boreal Adventure Sailing and/or the skipper is authorized to modify sailing routes and outdoor activities at all times for actual or forecast nautical and/or meteorological reasons.
This includes changing the location of departure and/or arrival and temporarily suspending departure. Nautical and/or meteorological reasons are understood to mean, among others, weather conditions, the tide, obstruction of waterways/shipping lanes, the condition of the ship, snow and visibility conditions.
In the cases referred to in the previous paragraph, Boreal Adventure Sailing and/or the skipper shall endeavor to find an alternative solution, in consultation with the Customer. Any extra costs, as far as is reasonable, shall be charged to the Customer. Boreal Adventure Sailing and/or the captain shall decide whether the chosen solution can reasonably be implemented.
If, due to Events Beyond our Control, the return transport of the Customer and/or the Guests cannot be provided as agreed in the contract, the cost of the necessary accommodation, not exceeding three overnight stays per Customer / Guest, shall be borne by Boreal Adventure Sailing.
The maximum financial liability of Boreal Adventure Sailing AG shall be equal to three times the price of the travel, unless there is personal injury or the damage caused by deliberate or negligent act(s) on the part of Boreal Adventure Sailing.
If a Swiss or EU treaty or regulation is applicable to a service being provided, Boreal Adventure Sailing shall be entitled to invoke the exclusion or limitation of liability included in that treaty or regulation.
The limitation period for submitting a claim for damage compensation is one year.
Boreal Adventure Sailing is not liable if the Customer/Guest was able to claim the damage under an insurance policy of that Customer/Guest.
Boreal Adventure Sailing is not liable for loss of or damage to baggage or property (including cash, jewelry, electronic devices or other valuable items).
Complaints regarding the execution of the contract should be made to the skipper or to Boreal Adventure Sailing AG during the travel as quickly as possible so that a solution can be sought.
If this does not lead to a satisfactory result, or if the issue giving rise to the complaint is only discovered after the travel, the complaint should be submitted to Boreal Adventure Sailing in writing or by e-mail (email@example.com), clearly described and explained, within a reasonable time of discovering the issue underlying the complaint.
Failure to submit the complaint on time may result in the Customer losing their rights in this regard, unless the failure to abide by the time limit cannot reasonably be invoked against the Customer.
If it becomes clear that the complaint cannot be resolved in mutual discussion, the situation shall be deemed to be a dispute.
All disputes relating to this contract shall be governed by Swiss law, jurisdiction of Canton Zug, unless a different law is applicable on the grounds of mandatory regulations.