Booking Conditions

1. Contract Your contract is with Sea-Trek Adventures Ltd, trading as “Trek-Adventures”, registered office Dales, Fallapit Barns, Kingsbridge, Devon, TQ97QS. A booking is made when your deposit has been received and a confirmation invoice issued. Payment of a deposit implies acceptance of these Booking Conditions both for yourself and all members of your party. Our agreement will be subject to English Law and to the exclusive jurisdiction of the English Courts.

Please note that for our Ski-Trek Adventures winter holidays and occasional Yacht Charters we act as agent only for the supplier concerned with whom you will have a contract. 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, copies of which are available on request.

2. Payments A deposit of 25% of the total holiday cost is required to confirm a booking. The remaining balance must be paid 8 weeks prior to the holiday departure. If the balance is not paid by the due date we reserve the right to cancel the booking and retain the deposit. If you book less than 8 weeks prior to the departure date, the full amount is payable upon booking. A 2% surcharge is applicable for all credit card payments. There is no surcharge for debit card payments.

3. What if you cancel your booking? If you cancel your holiday the lead name on the booking must advise us in writing by post or email. A cancellation will be effective from the date received and the following cancellation fees will apply: More than 8 weeks prior to departure: loss of deposit 4-8 weeks prior to departure: 75% of holiday cost Within 4 weeks of departure: 100% of holiday cost You can claim under your travel insurance if the cancellation falls within the terms of the insurance.

4. Brochure and Website Accuracy Whilst every effort is made to ensure the accuracy of such information and prices at the time of printing or going on line, regrettably errors do occur. You must therefore ensure you check all details of your chosen arrangement with us at the time of booking.

5. The Costs of your Arrangements We reserve the right to increase or decrease the prices of unsold arrangements at any time. We also reserve the right to make changes to and correct errors in advertised prices at any time before your arrangements are confirmed. The price of your chosen arrangements will be confirmed at the time of booking. Once the price of your chosen arrangements has been confirmed at the time of booking, then, subject to the correction of errors, we will do our utmost not increase the price of your booking. However, in the event of cost increases such as international currency fluctuations, fuel price increases and fiscal statutory changes in the country of operation such as local taxes, we reserve the right to pass on such increased costs to you, up to a maximum of 10% of the holiday cost. Please note changes and errors occasionally occur. You must check the price of your chosen arrangements at the time of booking and also on the confirmation you receive from us.

6. If we Change the Arrangements occasionally, we have to make changes to and correct errors in published and other details both before and after bookings have been confirmed. We may also need to cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. However, we will only cancel your confirmed booking eight weeks or less before departure, either where you have failed to comply with any requirement of these booking conditions entitling us to cancel, or where we are forced to do so as a result of force majeure or other circumstances beyond our control. Most changes to holiday arrangements are minor and we will always do our best to contact you before the holiday departure date to let you know.

7. Responsibilities and Liabilities

(1) We promise to make sure that the holiday arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care.  This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury or your contracted holiday arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us.  In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).

(2) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: –

‑ the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or

‑ the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or

‑ ‘force majeure’

(3) Please note, we cannot accept responsibility for any services which do not form part of our contract.  This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract and any excursion you purchase in resort. Please also see clause 20 “Other Actvities”. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.

(4) The promises we make to you about the services we have agreed to provide or arrange as part of our contract – and the laws and regulations of the country in which your claim or complaint occurred – will be used as the basis for deciding whether the services in question had been properly provided.  If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided.  This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK.   The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holidaymaker to refuse to take the holiday in question. Please note, however, our obligation is to exercise reasonable skill and care as referred to in clause 7(1). We do not make any representation or commitment that all services will comply with applicable local laws and regulations and failure to comply does not automatically mean we have not exercised reasonable skill and care.

(5) As set out in these booking conditions, we limit the maximum amount we may have to pay you for any claims you may make against us.

Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £500.00 per person affected unless a lower limitation applies to your claim under this clause or clause 7(6) below.  You must ensure you have appropriate travel insurance to protect your personal belongings.

For all other claims which do not involve death or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay you is twice the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under clause 9(6) below.  This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.

(6) Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea or rail carrier to which any international convention or EU regulation applies, our liability (including the maximum amount of compensation we will have to pay you, the types of claim and the circumstances in which compensation will be payable) will be limited as if we were the carrier in question as referred to below. The most we will have to pay you for that claim or that part of  a claim if we are found liable to you on any basis is the most the carrier concerned would have to pay you under the international convention or regulation which applies to the travel arrangements in question (for example, the Warsaw Convention as amended or unamended and the Montreal Convention for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, the Athens Convention for international travel by sea (as amended by the 2002 protocol where applicable) and COTIF, the Convention on International Travel by Rail).  Where a carrier would not be obliged to make any payment to you under the applicable international convention or regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim.  When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the carrier for the claim in question. Copies of the applicable international conventions and regulations are available from us on request.

(7) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any business losses including self employed loss of earnings.

8. Holiday/Travel Insurance It is a condition which forms part of the contract with the company, that personal travel insurances of an equal or greater standard than that suggested by us is taken out and remains valid throughout the duration of the holiday. If you intend to provide your own insurance you must inform us of the insurance company and certificate numbers at the time of booking. If we have not received your insurance information prior to your holiday departure date or we feel that all members of your party are covered at least for medical expenses including all the activities we offer, we reserve the right not to allow you to partake in our holidays.

9. Yacht Insurance  Our insurance policy provides comprehensive and adequate cover for the yacht and equipment. Trek-Adventures cannot be held responsible for any loss which you may suffer as a result of the insurers refusing cover, including without limitation, which is as a result of you providing incorrect information, such as previous sailing experience, when requested, or due to your negligence, deliberate default or wilful misconduct. Should damage or loss to yacht or equipment be caused as a result of misuse, not obeying the Company’s instructions or not acknowledging our handover instructions or any of the reasons stated above, you will be liable for the full amount of repair or replacement and any resulting costs. Adults will at all times be responsible for minors in their charge. Trek-Adventures agrees to insure and keep insured the yacht against public liability and marine public liability as required by the law. Third party liability does not cover any person on board the vessel in consideration of payment hire or reward or any party (or their crew and guests) having a vested interest in the yacht. You must arrange your own insurance prior to the charter for all parties on board specifically for loss of life or injury, or damage to or loss of property. We provide a policy that covers this.

Security deposit payment is paid on location by cash or card. Loss or damage to the yacht and its’ ancillary equipment or the loss of non-insurable loose items such as dinghy, lifesaving equipment, outboard engine, GPS, etc. will forfeit all or a portion of the security deposit. Notwithstanding the above, the charterer, is responsible for the repair or replacement of any loss or damage caused by malicious or negligent use or misuse or whilst under the influence of alcohol or drugs. Late return of the yacht may also cause the security deposit to be forfeited. A non- refundable damage waiver may be paid as “an insurance” for the amount of the security deposit, this is paid as an alternative to the security deposit. Notwithstanding the above the charterer, is responsible for the repair or replacement of any loss or damage caused by malicious or negligent use or misuse whilst under the influence of alcohol or drugs.

The following yacht damage waivers/security deposits are still required and payable locally on site.

For Learn to Sail yachts a yacht security waiver will be required for all yachts of 70 euros per boat up to and including 36ft yachts.

For Flotilla yachts a security waiver will be required for all yachts of 85 euros per boat up to and including 36ft yachts.

For all yachts greater than 36′ in length a refundable security deposit of between £1500 and £2500 is required payable by cash or card on location.

10. Greek Charter Papers To minimize delays to the departure of yachts we will complete and sign the Greek Charter Party Agreement on the charterer’s behalf (copy available on request) together with ‘Declaration of Charterer’s Ability to Skipper a Yacht’ now required by the Port Police. We cannot be held responsible for any incorrect information provided and the charterer’s  (either as skipper or on behalf of the skipper) completed booking form confirms acceptance and agreement with this procedure. If the company does not receive all the information required – skippers certificates/qualifications – and has to chase up information from the client, the company reserves the right to charge an administration fee of £10.

11. Flotilla Sailing Special Notes A sailing week consists of six sailing days. The yachts are usually ready for boarding at 15.00 on arrival day. Very occasionally due to a lack of yacht bookings for certain weeks the number of yachts on the particular week might be less than 2 in total. We will always try to increase numbers with various last minute marketing incentives and if unsuccessful will inform you at least 1 week prior to departure of this situation so you are informed on arrival. The week will go ahead as planned, with the same itinerary and we might offer the option of joining another flotilla company and fleet at some convenient point en-route. The yachts are offered for charter on condition that the person identified on the booking form as the charterer: has sufficient sailing experience and practical qualifications to handle a yacht the size and type chartered and is assisted by at least one other competent person as crew. If in the judgment of the company the charterer is not competent to operate the yacht, we will reserve the right to require the charterer to take a skipper at the charterer’s own expense. On occasion and due to unforeseen circumstances beyond our control such as exceptionally bad weather, navigational restrictions or other operational difficulties we reserve the right to limit the sailing area and prevent the yacht leaving the safe harbour. All Charterers must return the yacht to the marina by 18:00 for the last night of the charter and vacate the yacht by 9 am on the departure day.
The charterer or designated skipper is responsible for checking the inventory of the yacht before the yacht makes passage. Yachts may not be sailed single handed and the second crew member should be fit and have a basic knowledge of yachts. The designated skipper of the yacht has primary responsibility for the safety of the crew and craft at all times. No night sailing or partaking in a third party race is permitted without written approval from the company. In the interests of safe conduct of your holiday, the company and its staff may order a change to your itinerary, limit your sailing area or prevent you from leaving harbour depending whether conditions are safe to use a craft or not and also taking in to account your experience.

Trek-Adventures, the Yacht owner and the insurance underwriters shall not be held liable for accidents, injuries or death due to swimming, windsurfing, kayaking or the use of snorkels, masks or allied equipment such as scuba equipment and SUP’s.

Full authority regarding the operation and management of the yacht is hereby transferred to the charterer for the duration of the charterer contract. The charterer must ensure they are always present on the yacht when the yacht is underway and is fully responsible to ensure the dinghy and ALL other items are securely stowed and that all normal engine checks have been completed prior to the daily use of the engine. The charterer is responsible for securely mooring the yacht before leaving it unattended (or without suitable qualified crew on board) for any period. In the event of a skippered charter or where a Trek-Adventures skipper or instructor is present on board, authority is transferred to the skipper or instructor although the skipper is not responsible for the actions taken by the charterer and their guests

12. Yacht Chartering Special Notes A sailing week consists of six sailing days. The yachts are usually ready for boarding at 15.00 on arrival day .The yachts are offered for charter on condition that the person identified on the booking form as the charterer, has sufficient sailing experience and practical qualifications to handle a yacht the size and type chartered and is assisted by at least one other competent person as crew. If in the judgment of the company the charterer is not competent to operate the yacht, we will reserve the right to require the charterer to take a skipper at the charterer’s own expense. On occasion and due to unforeseen circumstances beyond our control such as exceptionally bad weather, navigational restrictions or other operational difficulties we reserve the right to limit the sailing area and prevent the yacht leaving the safe harbour. All Charterers must return the yacht to the marina by 18:00 for the last night of the charter and vacate the yacht by 10.00 on the departure day. The charterer or designated skipper is responsible for checking the inventory of the yacht before the yacht makes passage. Yachts may not be sailed single handed and the second crew member should be fit and have a basic knowledge of yachts. The designated skipper of the yacht has primary responsibility for the safety of the crew and craft at all times. No night sailing or partaking in a third party race is permitted without written approval from the company. In the interests of safe conduct of your holiday, the company and its staff may order a change to your itinerary, limit your sailing area or prevent you from leaving harbour depending whether conditions are safe to use a craft or not and also taking in to account your experience.

Trek-Adventures, the Yacht owner and the insurance underwriters shall not be held liable for accidents, injuries or death due to swimming, windsurfing, kayaking or the use of snorkels, masks or allied equipment such as scuba equipment and SUP’s.

Full authority regarding the operation and management of the yacht is hereby transferred to the charterer for the duration of the charterer contract. The charterer must ensure they are always present on the yacht when the yacht is underway and is fully responsible to ensure the dinghy and ALL other items are securely stowed and that all normal engine checks have been completed prior to the daily use of the engine. The charterer is responsible for securely mooring the yacht before leaving it unattended (or without suitable qualified crew on board) for any period. In the event of a skippered charter or where a Trek-Adventures skipper or instructor is present on board, authority is transferred to the skipper or instructor although the skipper is not responsible for the actions taken by the charterer and their guests.

13. Learn to Sail Special Notes A sailing week consists of six sailing days. The yachts are usually ready for boarding at 15.00 on arrival day. At least one student on board each yacht must have successfully completed an online ICC theory course/test and demonstrated sufficient practical sailing skills – if in the judgement of the Sailing Manager the student has not satisfied these requirements, or is still not competent to operate the yacht, we will reserve the right to limit the sailing area for free sailing days (without an instructor on board) and will require the charterer to take additional days instruction or a skipper at the charterers own expense. The issuing of certificates is solely at the discretion of the instructor and reflects the students ability. In all situations and cases the decision of the Sailing Manager is final. If in the judgement of the company the actual or forecast weather is considered adverse and a danger to the yacht and charterer we reserve the right to limit the sailing area and prevent the yacht leaving the safe harbour. All Charterers must return the yacht to the marina by 18:00 for the last night of the charter and vacate the yacht by 10.00 on the departure day. The charterer or designated skipper is responsible for checking the inventory of the yacht before the yacht makes passage. Yachts may not be sailed single handed and the second crew member should be fit and have a basic knowledge of yachts. The designated skipper of the yacht has primary responsibility for the safety of the crew and craft at all times. No night sailing or partaking in a third party race is permitted without written approval from the company. In the interests of safe conduct of your holiday, the company and its staff may order a change to your itinerary, limit your sailing area or prevent you from leaving harbour depending whether conditions are safe to use a craft or not and also taking in to account your experience.

Trek-Adventures, the Yacht owner and the insurance underwriters shall not be held liable for accidents, injuries or death due to swimming, windsurfing, kayaking or the use of snorkels, masks or allied equipment such as scuba equipment and SUP’s.

Full authority regarding the operation and management of the yacht is hereby transferred to the charterer for the duration of the charterer contract. The charterer must ensure they are always present on the yacht when the yacht is underway and is fully responsible to ensure the dinghy and ALL other items are securely stowed and that all normal engine checks have been completed prior to the daily use of the engine. The charterer is responsible for securely mooring the yacht before leaving it unattended (or without suitable qualified crew on board) for any period. In the event of a skippered charter or where a Trek-Adventures skipper or instructor is present on board, authority is transferred to the skipper or instructor although the skipper is not responsible for the actions taken by the charterer and their guests

14. Beach Club Sailing Special Notes A sailing week consists of six sailing days. The sailing equipment is offered for use on condition that the persons identified on the booking form have sufficient experience and/or practical qualifications to handle the vessel. If in our judgment you are not competent to operate the vessel, we will reserve the right to require you to take part in a free tuition clinic or further 1 to 1 instruction at your own expense. On occasion and due to unforeseen circumstances beyond our control such as exceptionally bad weather, navigational restrictions or other operational difficulties, we reserve the right to limit the sailing area or recall all vessels back to the beach.  In all situations and cases the decision of the Sailing Manager is final. Use of sailing equipment is only permitted during listed beach opening hours, and when our qualified staff are present. We cannot accept responsibility and shall not be held liable for any claims made against us if equipment is used out of these listed times, including after hours staff sailing sessions. As with other activity based holidays, water sports activities contain an element of risk, it should be understood that participation in these activities is your decision and at your risk.

At Paliki Beach Club in Kefalonia there is a road separating the shore based facilities and Hotel from the Beach.

15. Complaints If you have a complaint during your holiday you must raise it with the company before the last day of the holiday in Kefalonia, and they will try to resolve the complaint. Should this not be resolved then a written complaint must be sent to the company in the U.K. no more than 28 days after the end of the holiday. Any complaints not notified during the holiday or not sent to the company within the said 28 days cannot be entertained.

16. Flights You must source your flight through an ATOL bonded travel agent. You have a separate contract with them for the flight only.

17. IYT Training Centre We have been accepted as a training centre by the IYT to provide instruction for Recreational Yacht Courses.

18. Safety For your safety we request that you comply with any reasonable instructions or advice given to you by your yacht instructor/skipper/walking guide or fitness instructor or beach staff. We also request that you read our safety procedures and operating procedures and sign a form declaring that you understand and agree to these procedures.

19. Children Adults will be at all times responsible for the minors in their charge.

20. Other Activities Transfers, moped hire, car hire, bike hire, motor boat trips, excursions, horse riding, scuba diving and water skiing are all not included in our travel arrangements. We suggest certain professional suppliers for your information and will put you in contact with the suppliers. You have a separate contract with them and pay them directly. This means that if you, or any member of your party suffer death, illness or injury whilst overseas arising out of an activity which does not form part of your package travel arrangements with Trek-Adventures we shall at our discretion offer advice and guidance but cannot accept responsibility and shall not be held liable for any claims made against us whatsoever. Trek-Adventures will not be held responsible for the contractual obligations or any dis-satisfactory performance of these suppliers, or those that we might recommend.