Travel conditions

Question

Travel conditions - Long distance sailing

Accepted Answer

GENERAL CONDITIONS FOR LONG DISTANCE SAILING - MEDITERRANEAN AND ATLANTIC OCEANS

The following conditions govern the contractual relationship between More Sailing Seglingsresor AB (hereinafter "MS"), and the participant of the long-distance sailing trip, hereinafter referred to as the sailing trip.

The sailing trip is subject to the general conditions for long-distance sailing set out below. The general conditions are part of the contract together with a contractual document and a health declaration.

1. THE CONTRACT

1.1 The agreement becomes binding on the parties when MS has confirmed the participant's order in writing, unless otherwise agreed. MS shall confirm the participant's order without delay, by email.

1.2 The main booker is the person in whose name the agreement has been concluded. The main booker is responsible for payment under the contract. All changes and possible cancellations must be made by the main booker, in writing via email. Exceptions can be made if the main booker becomes seriously ill and cannot carry out the change or cancellation. The main booker is responsible for providing MS with correct booking information for other travelers covered by the agreement. Any refunds will be made to the main booker.

1.3 The main booker is responsible for sharing information with other persons covered by the booking.

1.4 The main booker shall immediately notify MS of any changes in address, e-mail address, telephone number or other information of importance to MS's ability to contact the participant.

1.5 The minimum number of participants is that 60% of the places on board must be booked. It is up to MS to decide whether or not to carry out the sailing trip in case of a lower percentage of booked places. If MS cancels the participant due to a low number of participants, no compensation will be paid to the participant. The paid fee for the sailing trip shall be refunded to the participant within 14 days.

2. PARTICIPATION AND HEALTH

2.1 The participant participates in the race under his/her own responsibility and certifies by his/her participation that he/she is in such physical and mental condition to cope with the stresses and strains of the race. MS has the right to demand a medical certificate from the participant before the start of the voyage. MS recommends that the participant consults with a doctor and/or performs a health check prior to sailing.

2.2 In cases where MS assesses that the participant is not in such physical or mental condition as required for the sailing trip, MS has the right to refuse the participant to participate in the sailing trip. MS also has the right to terminate the participant's participation in the voyage if MS deems that the participant's health or other circumstances pose a safety risk or cause significant limitations or discomfort to other members of the crew.

2.3 In the event that the participant becomes ill, is involved in an accident on board or ashore that requires the participant to be evacuated or sent home via an external means of transportation, the payment responsibility for such services rests with the participant; MS recommends that the participant reviews his/her insurance coverage. The same payment responsibility applies if MS assesses that the participant needs to be evacuated from the boat due to the circumstances according to point 2.2 above.

2.4 MS reserves the right to end the sailing trip in cases where MS deems it necessary due to weather, damage to the boat or due to other circumstances that risk jeopardizing the safety of the crew.

2.5 In order to participate in the voyage, MS requires that the participant has good sailing experience so that the participant understands what the voyage entails. MS also requires that the participant has sufficient sailing experience to be able to participate in the work during the voyage in such a way that can be expected from a person with good sailing experience. MS reserves the right to require the necessary documentation to demonstrate the participant's sailing experience.

2.6 If MS terminates the sailing trip due to the reasons in paragraphs 2.2 to 2.5, the participant is not entitled to any refund.

3. PRICE AND PAYMENT

3.1 The price shall be stated in such a way that the price of the entire voyage is clearly indicated. The price shall include all services included in the contract and information on mandatory supplements, taxes and charges.

3.2 MS reserves the right for any printing errors in the brochures/website and reserves the right to make changes without prior notice.

3.3 The participant shall pay the price of the sailing trip no later than the date stated below.

3.3.1 The registration fee is paid directly at the time of booking or no later than 10 days after the booking has been confirmed. The amount amounts to 50% of the price of the sailing trip.

3.3.2 Final payment of the remaining 50% must be received by MS no later than 60 days before departure.

3.4 If the participant does not pay the price of the cruise in accordance with the agreement, MS has the right to cancel the agreement and charge reasonable compensation.

3.5 Unless otherwise expressly stated, the price is based on accommodation for two persons in a shared cabin. In case of accommodation for only one person in a private cabin, MS is entitled to charge an additional fee.

4. PARTICIPANT'S RIGHT TO CHANGE AND CANCEL THE TRIP

4.1 The participant has the right to change the agreement if MS agrees. Changes to the agreement may result in additional costs for the participant from MS or others.

4.2 The participant has the right to cancel the sailing trip. MS reserves the right to request compensation from the participant for the costs incurred by MS as a result of the cancellation.

4.2.1 Cancellation fee for the participant: In case of cancellation 60 days or more before the start of the event, 50% of the price of the sailing is paid. In case of cancellation 59-0 days before the start of the event, 100% of the sailing price is paid.

4.2.2 When booking a whole boat by a closed party, an individual participant cannot cancel his/her part of the sailing at a cancellation fee other than 100% of the price of the sailing.

4.2.3 MS offers a separate option to take out cancellation insurance. The insurance must be taken out before the entry fee for the sailing trip is paid, the entry fee must be paid before the due date.

4.2.4 Cancellation of the trip must be made in writing by the head booker.

5. THE PARTICIPANT'S RIGHT TO TRANSFER THE CONTRACT

5.1 The participant may transfer the contract to someone who meets all the conditions for participation in the sailing trip. The participant must notify MS of the assignment in a reasonable time before the voyage. Notification made no later than 30 days before departure is always considered to have been made in due time.

5.2 MS may charge a reasonable fee for the transfer. The fee may not exceed the costs incurred by the MS as a result of the transfer. The MS must show how the cost has been calculated.

5.3 The transferor and transferee are jointly and severally liable to MS for all remaining payments for the voyage and for any additional costs incurred by the transfer.

6. PRE-CRUISE CHANGES

6.1 Change of contractual conditions MS is entitled to make changes to the contract provided that MS informs the participant of the change in a clear, comprehensible and transparent manner on a durable medium. If the change is insignificant, the participant is not entitled to a price reduction or damages. In case of substantial changes to the sailing, the participant shall, if possible, be offered an alternative sailing or the right to terminate the contract without a cancellation fee.

6.1.1 A change of boat model is not a substantial change to the sailing trip.

6.2 Change of price

6.2.1 MS may increase the price of the cruise if the increase is due to changes in fuel costs, taxes and public charges or exchange rates.

6.2.2 The price of the cruise may be increased by an amount corresponding to the participant's share of the cost increase incurred by MS. The right to a price increase exists only if the total cost increase exceeds SEK 100 per booking.

6.2.3 The price of the sailing shall be reduced if MS's costs, for reasons stated above, decrease by a total of at least SEK 100 per booking. When reducing the price, MS may make a deduction for actual administrative costs.

6.2.4 MS shall inform the participant of the price changes as soon as possible. The notification shall contain a justification for the change and a calculation.

6.2.5. The price may not be increased or decreased during the last 20 days before the agreed departure date.

6.3 MS and the participant's right to change the contract in case of unavoidable and extraordinary events: Both MS and the participant have the right to postpone the contract if the execution of the cruise is affected by unavoidable and extraordinary events at the destination or in its immediate vicinity. Unavoidable and extraordinary circumstances include, for example, serious security problems such as war, terrorism, outbreaks of serious illness or natural disasters. If MS postpones the sailing in accordance with this paragraph, the participant is not entitled to compensation.

6.3.1. The participant is not entitled to terminate or modify the contract if the unavoidable and extraordinary events were generally known at the time the contract was concluded.

6.3.2 To determine whether the event is of such a serious nature as stated above, expert Swedish or international authorities shall be consulted.

7. TRAVEL

7.1 The participant is responsible for booking flights and transfers to and from the port of departure and port of arrival specified by MS for the voyage. As an exact end date for the sailing trip can be difficult to specify because the length of the sailing trip is affected by weather, wind and the capacity of the participants, the participant is recommended to book a return trip with a rebookable ticket.

8. COMPLAINTS

8.1 The participant may only invoke faults in the agreed services if he/she informs MS of the fault within a reasonable time after he/she noticed or should have noticed the fault. This must be done as soon as possible and if possible at the destination. In determining any reduction in price or compensation for damages, the time when the participant made the complaint is taken into account if such notification would have meant that MS could have remedied the defect.

8.2 Notwithstanding paragraph 8.1, the participant may invoke a fault if MS has acted with gross negligence or in breach of faith and honor.

9. THE PARTICIPANT'S RESPONSIBILITY DURING THE VOYAGE

9.1 The participant is obliged to follow the instructions for the sailing trip given by MS representatives. The participant is obliged to respect the rules of order that apply to the sailing trip and behave so that fellow travelers or others are not disturbed. If the participant significantly breaches this, MS can cancel the agreement without the participant being entitled to compensation or reimbursement.

9.2 Participant's liability for damage. The participant is liable for any damages resulting from damage that the participant negligently causes to MS.

9.3 Participant's responsibility for formalities

9.3.1 The participant is responsible for observing the necessary formalities for the sailing trip, such as possession of a valid passport, visa, vaccinations and insurance.

9.4 The boat's insurance is valid for damage to the boat including equipment and liability towards third parties, but not for the participants' personal damage and belongings. Participants are therefore encouraged to review their insurance coverage and ensure that they have adequate health, accident and travel insurance.

9.5 The participant needs to have the following equipment to be able to participate in the voyage.

Lifejacket suitable for ocean sailing, which has the following equipment:

- Bungee cord

- Sprayhood

- Safety line with safety carabiner at both ends (3 hooks)

- Reflectors

- Whistle

- Lamp

- Spare kit with cartridge

9.6. The participant is recommended to have the following equipment, clothing and preparations, even if not required to participate in the race:

- Knife or multi-tool that can be attached to the personal life jacket.

- Small flashlight or headlamp

- Earplugs.

- Eye mask (sleeping mask).

- Appropriate clothing, shoes and gloves (note that the temperature may vary along the route).

- Hat and cap.

- Sunscreen.

- Two pairs of sunglasses (with lenses if necessary).

- Anti-seasickness preparations (e.g. patches, tablets, chewing gum or bracelets).

- fluid replacement

- Dextrose preparations (e.g. Dextrosol).

9.6.1 The participant is responsible for bringing the medicine they need and for any necessary import permits for such medicines and other preparations.

9.7 A personal emergency transmitter of type MOB1 is mandatory during the "Long Distance Atlantic Voyage" but optional during the "Long Distance Mediterranean Voyage".

10. DISPUTE RESOLUTION

The parties should try to resolve any dispute concerning the interpretation or application of the agreement on their own. If the parties cannot agree, the dispute can be examined by the Swedish National Board for Consumer Disputes (ARN), Box 174, 101 23 Stockholm, www.arn.se, or by a general court. A dispute can also be examined via the European Commission's online platform: http://ec.europa.eu/odr.

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