Terms & Conditions
TERMS AND CONDITIONS OF BUSINESS
1. This website is operated by Charlestown Harbour Ltd. Where these terms and conditions use terms such as "we", "us" and "our" they refer to Charlestown Harbour Ltd.
3. By visiting our website and/or purchasing something from us, you are deemed to have accepted these terms and conditions.
4. You can view the most current version of these terms and conditions at any time by visiting this website page. We reserve the right to update, change or replace any part of these terms and conditions, without prior notice to you, by posting updates on this page. It is your responsibility to check this page on each visit to your website, read these terms and conditions and ensure you understand them before making a purchase.
5. We reserve the right to refuse service to anyone, for any reason, at any time.
6. Any content that you enter onto this website may be transferred unencrypted and involve transmissions over various networks and may involve changes in order to conform and adapt to the technical requirements of connecting networks or devices.
7. You may not reproduce, duplicate, copy, sell, resell or otherwise exploit for commercial gain, or otherwise, any portion of any of the content on the website or any other part of the service that we offer on this website.
8. Headings and titles used on this website are done so for convenience only. They do not constitute any part of the terms and conditions and will not limit or otherwise affect the terms herein.
ONLINE STORE TERMS
9. Our website offers a range of products and or services for sale. Where we refer to an 'item' we are referring to a single product or service available for purchase on this website.
10. We will take all reasonable care to ensure that the details displayed for a particular item offered for sale are correct at the time when the information was entered onto the system.
11. Whilst care is taken to ensure that we display as accurately as possible appearances, colours, textures or finishes, what you will see on your computer monitor or equipment may differ and so we cannot guarantee that images are an accurate representation of the actual goods or services that you are purchasing.
12. We may not be able to accept your order due to one or more of the following reasons, or for a reason not listed below:
i) The item you have ordered is out of stock
ii) We cannot authorise your payment or have reasonable grounds to suspect your payment may be fraudulent
iii) There has been a pricing or product description error
iv) There is a system or procurement failure
v) You have failed our customer validation checks
13. When you place an order you will receive an email confirming the details of your order. This email is not confirmation that your order has been accepted by us.
14. Your order will only be accepted by us once your goods have been dispatched.
MODIFICATIONS TO OUR SERVICE AND PRICING
15. Prices for items are subject to change without notice.
16. We reserve the right to, at any time, modify or discontinue any part of the service that we offer, or any part of content thereof, without any notice to you.
17. We accept no liability to you or to any third-party for any modification, price change, suspension or discontinuation of the service.
18. During checkout, you may be presented with one or more options for delivery. Where an estimated timescale for delivery is provided, this is an estimate only and your items may be delayed in being received due to circumstances beyond our control (such as a courier delay, or at busy times).
19. Where you select a "next day delivery" option, orders placed on Fridays, Saturdays or Sundays may not be despatched for delivery until the following Monday and so may not be received until Tuesday.
20. If you wish to cancel an order you have placed you must contact us immediately to ascertain whether the items have been dispatched or not. Where they have been dispatched, you will need to return the item to us and you will be responsible for paying the cost of returning the items.
21. Where items have not been dispatched prior to a cancellation request, our refund policy will apply.
22. Where you have ordered a personalised, perishable or time critical item (such as food, newspapers, event tickets or e-vouchers) you may not be able to cancel for a full refund.
LIABILITY AND INDEMNITY
23. We shall not be liable for any direct, special, indirect or consequential or incidental damages including loss of profit or loss of opportunity as a result of the use of or the inability to use any items that have been ordered on this website.
24. You agree to indemnify us and our agents, officers, directors and employees, immediately and on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of any of our terms and conditions.
25. These terms and conditions shall be governed in accordance with English Law and are subject to the exclusive jurisdiction of the courts of England & Wales.
27. Should any part-term or term be found to be unenforceable then the remainder of the terms and conditions shall continue to have full force and effect as if the invalidated term was not present.
28. Should any delay or failure to comply with our obligations under these terms and conditions arise where it is beyond our reasonable control, we will not be responsible to you for such delay or failure nor liable for any loss that you incur, howsoever caused.
SAILING BOOKINGS TERMS & CONDITIONS
Charlestown Harbour Vessels
We reserve the right to make changes to the scheduled itinerary, and the Skipper’s decision on itineraries is final. In the unlikely event of any changes to embarkation/disembarkation ports or times, we will contact you at the earliest possible opportunity.
Health & Safety On Board
Your safety is our primary concern. All vessels that we work with are equipped with all required safety kit, and our professional crew are experienced and highly qualified. You will receive a comprehensive safety briefing at the start of your trip, and you must agree to obey any instruction given to you by a member of the crew to the best of your ability.
Sailing is a hands-on experience and your participation is actively encouraged. A reasonable level of mobility and fitness is therefore required. If you or anyone in your party has any concerns about the suitability of sailing on board, please contact us prior to making a booking.
The lower age limit for sailing on board is 18 if unaccompanied, or 12 if accompanied by a parent or guardian (10 for day sails).
Consumption of alcohol is at the discretion of the Skipper. The Skipper reserves the absolute right to put anyone ashore who is intoxicated and/or representing a threat to themselves, others on board or the safety of the vessel.
There is strictly no-smoking below decks and smoking on deck is at the discretion of the Skipper. Please listen to the crew’s instructions on safe disposal of cigarette butts.
Voyage Booking Terms & Conditions
Your booking is not confirmed until we have contacted you directly with confirmation and received your deposit (detailed below).
We will also send you a ‘Medical Declaration Form’ and a ‘Next of Kin Form’, these should be completed and returned to us at your earliest convenience, and at least 2 weeks prior to the voyage. Also included in our communication with you will be full ‘Joining Instructions’ for your voyage, which we will send out at least 2 weeks prior to the voyage.
The information you provide on your Medical Declaration Form will be kept confidential, but we will discuss with you any potential issues arising from it. The information you provide will be kept ashore and on board and referenced in the unlikely event that you fall ill, are injured, or have a medical emergency.
Should the Skipper consider that you are not safe to sail on board as a result of an undisclosed condition, they reserve the right to request you be put ashore. We are not liable for any refunds in this case. The Skipper’s decision is final regarding the safety of the vessel and those aboard.
You will need to secure your booking with a deposit of 25% of the full voyage fee. We will send you an invoice for payment by bank transfer.
The remaining balance of 75% of the full voyage fee is due 6 weeks prior to the start of your voyage. We will send you a reminder, along with the invoice for you to pay your balance.
If the voyage you book is less than 6 weeks away, you will be required to pay the full amount at the time of booking.
Cancellation: By You
If you cancel within 14 days of making the booking, the deposit will be refunded to you minus a £35 administration fee per person.
If you cancel more than 14 days after making the booking and more than 8 weeks prior to the start of the voyage, the deposit will not be refunded but the balance will not be payable.
If you cancel within 8 weeks of the start of the voyage, you will be liable to pay the full cost of the voyage. We would make every effort to resell your berth on board. If we succeed, we will refund you the cost of the voyage, minus the deposit.
Cancellation: By Us
In the unlikely event that we are forced to cancel a voyage due to Force Majeure or unforeseeable factors outside our control, we are not liable to refund any voyage payments.
However, we would do all that we can to offer an alternative voyage. Suitable travel insurance should always be purchased to ensure you are covered in cases of cancellation.
If we have to cancel a voyage for any other reasons (e.g. mechanical failure), then a full refund or an alternative voyage will be offered.
We may occasionally cancel a voyage if we don't have sufficient bookings to cover our costs. In this case you would also be given a full refund.
In all cases our liability is limited to offering a refund only up to the amount paid, and we will have no further liability to you in respect of consequential economic loss or compensation.
Amendments to Your Booking
Should you wish to amend your booking we will do what we can to accommodate, however this is entirely at our discretion and would be subject to an administration fee of £35 per person. No amendments are possible within 8 weeks of the start of your voyage amendments in this case would be treated as cancellations, and subject to the above conditions.
What is Included
A berth and bedding (not towels)
All food and soft drinks while onboard (please inform us of any dietary requirements
at the time of booking)
Waterproof jacket and trousers to use during your trip
All safety equipment
Mooring and fuel costs
What is not Included
Any meals or refreshments ashore
Travel to and from the vessel
Personal travel insurance
Vessels are covered by professional insurance that includes third party liability. This does not cover you for any loss or damage to your property not attributable to our negligence or defects in the vessel. We request that you take out specialist sailing/tallship travel insurance to cover sailing more than 12 miles offshore and including, at a minimum, medical and personal accident expenses, loss and damage to personal effects and voyage cancellation.
We reserve the right to ask for proof of your insurance at any time.
Day Sail Booking Terms & Conditions
Your booking is not confirmed until we have contacted you directly with confirmation and received your payment.
Included in our communication with you will be full ‘Joining Instructions’ for your trip which we will send out at least 2 weeks in advance.
You will need to secure your booking with full payment for your day sail.
Cancellation: By You
If you cancel more than 14 days before your trip we will provide a full refund. If you cancel between 14 and 7 days before your trip, we will provide you with a gift ticket for use on an alternate date. If you cancel within 7 days of your trip your booking will be forfeit. This is because we have to secure sailing crew and stores for the trip in advance, and cannot guarantee last minute bookings.
Cancellation: By Us
If we have to cancel a day sail for any reason (e.g. mechanical failure or crew availability), then a full refund or an alternative voyage will be offered. We may occasionally cancel a voyage if we don't have sufficient bookings to cover our costs. In this case you would also be given a full refund. In all cases our liability is limited to offering a refund only up to the amount paid, and we will have no further liability to you in respect of consequential economic loss or compensation.
Amendments to Your Booking
Should you wish to amend your day sail booking we will do what we can to accommodate, however this is entirely at our discretion and may be subject to an administration fee of £35 per booking. No amendments are possible within 7 days of your day sail, amendments in this case would be treated as cancellations, and subject to the above conditions.