APPLICATION TO SAIL
Due to the nature of the voyages we undertake we have to select the participants carefully to ensure that our voyages are run in a safe manner. A completed application form and deposit is not a guarantee of a place aboard. We reserve the right to select the individuals to sail based on their application form, assessment by telephone or via further questioning and assessment.
YOUR RESPONSIBILITIES AND BEHAVIOUR
On payment of the full fee and providing you have completed all the necessary application form(s) and paperwork, you will be allowed to join the voyage as a Crew Member. As a Crew Member on the yacht, you agree:
- That the Skipper has the ultimate authority aboard and on all matters affecting the safety of the yacht, her Crew Members and the Environment.
- That the Skipper shall, at all times, take all necessary steps and precautions to prevent accidents and to minimise the consequences of accidents that could affect the yacht, her Crew Members and the Environment and for this purpose the Skipper has all the necessary authority, on behalf of Morvargh Sailing Project.
- To participate in any and all duties connected with the running of the yacht as directed by the Skipper. This includes, but is not limited to, the maintenance and cleaning of the yacht as required by the Skipper between embarkation and disembarkation.
- To embark on the yacht, report to the Skipper, and be ready for departure by the relevant Start Date of the voyage.
- To provide Morvargh Sailing Project current details of your next of kin and other information as required on the application form
- Not to bring any guests or other persons unknown to the Skipper on board the yacht without the prior authorisation of the Skipper
- Not to bring on board any items or goods that would be considered restricted or illegal in any of the countries that the yacht is due to visit on your voyage, or any other items which the Skipper has forbidden.
- At all times behave in a reasonable manner and comply with the laws and customs of the countries visited. The Skipper has absolute authority to order a Crew Member to leave the yacht if they are found contravening such laws and customs, or interfering (or judged to have the potential to interfere) with the well-being of the Crew, individual Crew Members, themselves, members of Afterguard or the yacht.
- Do nothing which may render the yacht liable to arrest or impounding
- Not bring or consume personal or private stocks of alcohol on board the yacht without the express permission of the Skipper on each and every occasion
- Not be deemed unfit to sail by the Skipper, either through the influence of alcohol and/or drugs
- Not use, carry, distribute or store any illegal drugs.
If you breach any of your obligations in the above, Morvargh Sailing Project will be entitled to terminate this Agreement without notice and dismiss you from the voyage. In this event, Morvargh Sailing Project will have no liability for the uncompleted voyage in which you were due to participate and you will not be entitled to a refund of any of the Fees or for payment of travel home.
The Fees do not include the following costs and expenses, which you will be responsible for the payment of:
- all personal insurance premiums which you pay connected with the voyage
- all medical costs, except for the costs of medicines obtained (appropriately) from the yacht’s medicine chest
- all visas, and entry permits required by countries and authorities during the voyage
- the cost of communications (whether by email or by phone] to and from the yacht unless it is on official yacht business or made at the request of Morvargh Sailing
- costs relating to travel (including the cost of flights, and including travelling to and from any Training or any voyage)
- any expenditure incurred by you (other than on the Yacht with the prior approval of a Morvargh Sailing Project).
A 25% deposit of the full voyage fee is required alongside a completed application form. In the case of group bookings the minimum deposit amount is also 25% of the charter fee. On receipt of your deposit, and our acceptance of you or your group on the voyage we will email confirmation of your booking. If you book less than 90 days before the departure date, you must pay the full cost of the voyage at the time of booking.
The remaining payment for your voyage must be paid 90 DAYS before the departure date. Failure to settle your account within this time frame will lead to your booking being cancelled by us and treated as a ‘voyage cancelled by you’. In certain circumstances it may be possible to accept payment for voyages by monthly standing order. Please contact us for details of this scheme, there may be an additional handling charge.
VOYAGES CANCELLED BY US
All voyages are booked with the full intention of them being delivered by Morvargh Sailing Project, however, in the unlikely event that it becomes necessary for us to cancel a voyage prior to the departure date, we will endeavour to provide you with as much notice as possible. We will always seek to offer an alternative voyage date suitable for you, but should this not be possible, the voyage fee will be refunded to you in full.
CHANGES TO ITINERARY
The nature of long distance travel on a sailing yacht means that, despite making as much provision in the scheduling as is reasonably possible, it is very difficult for us to give precise arrival times or dates at any particular destination and you must be fully aware of this when signing onto a voyage and when making any associated arrangements such as hotel or flight bookings. Morvargh Sailing Project may be forced by “Force Majeure” to change or terminate the voyage after departure. If this situation does occur, Morvargh Sailing Project will be unable to make any refunds, pay you compensation or meet any costs or expenses you incur as a result.
VOYAGES CANCELLED BY YOU
Under Distance Selling Regulations, you have up to 14 days from your first booking (as registered via our online booking form) to change your mind, during which time your deposit/payment is refundable. Thereafter, your booking is confirmed and non-refundable and subject to our cancellation charges. The complexity and difficulty of providing and selling voyages means that significant costs are incurred in cancelling your arrangements. Depending on the date of termination of your booking you will be liable for the following: 91 days from departure or more, loss of deposit. 90 days to 60 days from departure – 75% of full cost. Less than 60 days from departure 100% of full cost. For the avoidance of doubt, if this Agreement is terminated for any reason, Morvargh Sailing Project retains the right to resell such places to another Client. A full refund will be given if we are able to re-book your berth or charter; if we cannot secure a re-booking all monies remain due as per above.
CHANGING YOUR BOOKING
If you should need to change your voyage dates, we ask that you do this as swiftly as possible. We can only accept changes to your booking up to 90 days before the departure date. Whilst we will do our best to assist, Morvargh Sailing Project cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee as well as any applicable rate changes or extra costs incurred by us as well as any costs incurred by or imposed by any of our suppliers. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where Morvargh Sailing Project are unable to assist you and you do not wish to proceed with the original arrangements we will treat this as a voyage cancelled by you.
REDUCTION IN NUMBER OF PARTICIPANTS (GROUP BOOKINGS)
When booking a charter the cost quoted will be for the ‘whole boat’. If subsequently your numbers drop you will still be liable for the whole boat fee. A minimum of 6 people are needed to operate our vessel and as such if your participants fall below this level we will treat it as per a voyage cancelled by you.
Website user agreement
Morvargh Sailing Project CIC registered in England with number 07132688 and whose registered office is 28 Balmoral Avenue, Plymouth, PL2 1HP, owns and operates this Web site. For the purposes of these Terms and Conditions “Morvargh Sailing Project”, ”We”, ”Our” and ”Us” refers to Morvargh Sailing Project. Please review these Terms and Conditions carefully before using this Web site. Your use of this Web site indicates your agreement to be bound by these Terms and Conditions.
All trade marks, copyright, database rights and other intellectual property rights in the materials on this Web site (as well as the organisation and layout of this Web site) are owned by Us. Without Our prior written permission, you may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on this Web site whether in whole or in part. However, the contents of this Web site may be downloaded, printed or copied for your personal non-commercial use.
You may only use this Web site in accordance with these Terms and Conditions and, in any event, for lawful and proper purposes which includes complying with all applicable laws, regulations and codes of practice within the UK or other jurisdiction from which you are accessing this Web site. In particular, you agree that you will not:
Post, transmit or disseminate any information on or via this Web site which is or may be harmful, obscene, defamatory or otherwise illegal.
Use this Web site in a manner which causes or may cause an infringement of the rights of any other.
Make any other unauthorised, false or fraudulent booking. Use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of this Web site including but not limited to uploading or making available files containing corrupt data or viruses via whatever means.
Deface, alter or interfere with the front end ‘look and feel’ of this Web site or the underlying software code. Without prejudice to any of Our other rights (whether at law or otherwise) We reserve the right to deny you access to this Web site where we believe (in Our absolute discretion) that you are in breach of any of these Terms and Conditions.
CHANGES TO THIS WEB SITE
We may make improvements or changes to the information, services, products and other materials on this Web site, or terminate this Web site, at any time without notice. We may also modify these Terms and Conditions at any time, and such modification shall be effective immediately upon posting of the modified Terms and Conditions on this Web site. Accordingly, your continued access or use of this Web site is deemed to be your acceptance of the modified Terms and Conditions.
LINKS TO OTHER WEB SITES
This Web site may include links to other internet sites. We do not endorse any such Web sites and We are not responsible for the information, material, products or services contained on or accessible through those web sites. Your access and use of such Web sites remains solely at your own risk.
LIMITATION OF LIABILITY
In no event will We be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of access to, or the use of this Web site or any information contained in it, including loss of profit and the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. Nothing in these Terms and Conditions shall exclude or limit Our liability for death or personal injury caused by negligence or for fraudulent misrepresentation.
DISCLAIMER OF WARRANTY
To the maximum extent permitted by law, We disclaim all implied warranties with regard to the information, services and materials contained on this Web site. All such information, services and materials are provided ”as is” and ”as available” without warranty of any kind. Morvargh Sailing Project makes no warranty, implied or explicit, that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable or any quality, nor that the content is safe in any manner for download. You understand and agree that any information that Morvargh Sailing Project provides on the site does not constitute professional advice of any kind and that use of such advice or other information is solely at your own risk and without our liability of any kind.
You agree to indemnify, defend and hold Us harmless from any liability, loss, claim and expense (including reasonable legal fees) related to your breach of these Terms and Conditions.
These Terms and Conditions contain all the terms of your agreement with Us relating to your use of this Web site. No other written or oral statement (including statements in any brochure or promotional literature published by us) will be incorporated. Your use of this Web site, any downloaded material from it and the operation of these Terms and Conditions shall be governed by and construed in accordance with the laws of England and you agree to submit to the non-exclusive jurisdiction of the English courts.
WHAT WE COLLECT
We use electronic booking forms to assist us in the administration of our voyages, these forms hold personal information such as your name, address and contact details along with next of kin, medical info, including doctor/s and school information.
WHAT WE DO WITH THE INFORMATION WE GATHER
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
Internal record keeping.
We may use the information to improve our products and services.
We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. We do not store credit card details nor do we share confidential customer details with any 3rd parties.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
LINKS TO OTHER WEBSITES
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
CONTROLLING YOUR PERSONAL INFORMATION
You may choose to restrict the collection or use of your personal information in the following ways:
Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at firstname.lastname@example.org. We will not sell, distribute or lease your personal information to third parties unless we have your permission. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen. You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please contact us at email@example.com. If you believe that any information we are holding on you is incorrect or incomplete, please email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.