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Snark – Event Booking Agreement - the DETAILS
 
Thank you for choosing to book an event on Snark.  We look forward to welcoming you on board.  By making this booking you are entering an agreement with us, Snark Limited, and we both agree to be bound by the Terms and Conditions set out below.  Please also read stuff you need to know on our web site.
 
Our Agreement
 
This Agreement describes the Travel Package Contract. Please read it carefully as it sets out in detail what we have sold you and your rights and responsibilities related to your purchase. This might vary slightly from the description on our booking Web Site, www.snark.limited, or that of our agents or other verbal or written commitments which have been made to you.  This Agreement overrides all previous commitments and is final.  It is in force from the Booking Date which is the time and date when you confirmed your booking on our Web Site.  If you have any queries regarding this Agreement, please do not hesitate to contact us for clarification before you book.  
 
By making and accepting this Booking we both confirm to the other that we are fully authorised to commit our respective group or company to this Agreement.
 
The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations (the Regulations). Therefore, you will benefit from all EU rights, or in the event of the UK leaving the EU all UK rights, applying to packages. Snark Limited will be fully responsible for the proper performance of the package as a whole. Additionally, as required by law, Snark Limited has protection in place to refund your payments and where transport is included in the package to ensure your repatriation in the event of it becoming insolvent. For more information on key rights under the Package Travel and Linked Travel Arrangements Regulations 2018 please follow this link [  link to web site page ]
 
Who’s who
 
We, Snark Limited, are the Organiser of the Event you have purchased and the Relevant Person to provide you with information about the Package.  Immediately before and during the Event, Snark Limited will be represented by the Skipper who will introduce themself to you when you embark.  The Skipper may delegate authority to the other crew members, who will also be introduced to you. Collectively the Skipper and other crew members are referred to as the Crew.  The Vessel is S.B.Snark registered number ON 923807 or if she is out of commission for any reason, a similar vessel provided by the Organiser to accommodate the Event. 
 
You and anyone you have booked on behalf of, are the Traveller. If you have booked the Event with us through a travel agent or booking agent, they are the Retailer.  The information you have given us about yourself and any group members on our Web Site or through the Retailer is the Traveller Information.
 
If you have made a Group Booking on behalf of a number of people, they must all abide by these Terms and Conditions and we expect you to ensure that they do.  If there are any fees, costs or damages payable to us as a result of any of the group's actions, we will hold you responsible for its collection and payment.  If you want each member of your group to be responsible for their own actions and liabilities, then you may transfer to individual bookings.  This can be arranged between the Booking Date and seven days prior to the start of the Event for a Fee.
 
The Event
 
The event you have booked is described on our Web Site and in this Booking Agreement.  Together they describe what is included in the Event Package and what is not, what is fixed and what might vary and why.  The Event might be anything from a seven-day all-inclusive cruise or a B&B stay to simply an evening meal.
 
The Tariff is the sum you pay to us to provide the Event you have booked.  If the fuel costs, taxes, fees and levies we pay to others vary between the Booking Date and 20 days before the start of the Event we may alter the Tariff and, subject to us notifying you of the reasons for the adjustment, require you to pay an additional Tariff.  If this adjustment is more than 8% of the original Tariff you may cancel your booking and receive a refund.
 
The Fees are the charges we will make to cover our costs resulting from your cancellations, terminations, transfers, damage and early disembarkation and any other administrative activities undertaken by us, our agents or representatives, not associated with the original Booking.  These are set out in the Fee Schedule at the end of this Agreement.
 
The Tariff covers the costs of running the boat, licencing, maintenance, surveys, harbour dues, the wages of the skipper and crew, power, water, fuel, mooring fees, food, drink, bedding, towels, safety equipment, scheduled transport on the water to and from the Vessel, fresh air, use of the onboard library, hospitality, conversation, good company, and as appropriate to the Event description; yoga and meditation sessions, basic sailing instruction, navigation information, music, entertainment, race participation, etc.
 
It does not cover your travel to and from ports of departure and arrival, parking, excursions and meals ashore (unless specified in Event description), medical care, beach towels, outdoor clothing, waterproof clothing, waterproof/resistant footwear, insurance of your personal possessions, the cost of putting you, your group or your dependants ashore and any consequential costs you incur, associated costs incurred by you as a result of cancellation, rescheduling, revision or curtailment of the Event resulting from Extreme Weather Conditions or Extraordinary Circumstances.
 
Any additional fees or charges incurred by you and your group during the event will be invoiced and must be paid before your departure or as soon afterwards as practical.
 
The Tariff you pay us will be refunded by an independent Insurer in the event of our insolvency occurring between the Booking Date and the end of the Event.  The contact details for the Insurer are in the Fee Schedule.
 
Conduct
 
We will treat you fairly, with respect and without prejudice.  We will respect your beliefs and opinions even if we don’t agree with them.  We expect you to treat other Travellers and the Crew in the same way.  
 
For the safe and proper management of the boat, you must always abide by the instructions of the Crew.  If appropriate and at a suitable time we will explain the reasons for our instruction, but they are not open to debate.
 
If you or anyone under your supervision or care are disruptive or behave in a way that prejudices the enjoyment or safety of other Travellers, the Crew or the Vessel, we will discuss the behaviour with you and agree how this should be addressed. If your problematic behaviour persists then we may put you and any dependants ashore at the nearest safe port.
 
We do not allow smoking, vaping or any other smoking substitute, anywhere onboard, below or above deck, at any time. We have zero-tolerance of recreational drugs.  Do not bring them onboard.
 
We serve wine and beer with certain meals and other times as part of the package but only at the discretion of the Skipper.  We do not allow any Travellers to bring alcoholic drinks on board without our express permission.
 
Special Needs
 
We will try our best to accommodate any physical or dietary that you include in your Traveller Information when you book.  If we cannot accommodate you, we will let you know as soon as we can and if you have already completed your booking, we will give you a full refund.  However, we will not accept liability for any other associated costs you incur between making your booking and our responding to you.  If in doubt, please contact us before confirming your booking.
 
The Crew of Snark is trained in emergency first aid and we will do our best to treat any injuries or maladies that arise on board and if necessary, get you ashore for treatment as soon as we can.  If you have a medical pre-condition for which you are taking prescription drugs, please let us know, particularly if you need to take them in a crisis; it helps the first aider assess the situation.  You must check with your doctor or prescriber if your medication is compatible with the proposed activities and any seasickness remedies you might wish to take.  Do be sure to bring an adequate supply of your medication for the Event period and any overrun that might occur. If it requires special storage let us know in advance.
 
We cannot administer prescription drugs or provide over the counter remedies for safety reasons, except in an emergency.  So, if you think you might need them please bring your own sunblock, pain relief, seasickness treatment etc.  Glasses and other aids are easily damaged or lost onboard boats so please bring spares.
 
Adults with special needs may need to be accompanied by an adult carer.  If you think this applies to you please contact us to discuss if and how we can accommodate you.
 
Boats can be very dangerous places for unsupervised children and we are not trained or checked to look after them.  For this reason, we do not allow children under 5 onboard and we require that children between 5 and 12 must be accompanied by two supervising adults and children between 12 and 18 must be accompanied by one supervising adult.  
 
We do not allow any animals or pets on board.
 
Changes
 
We may have to cancel an event and your associated booking if running the event becomes impractical or unsafe for reasons beyond our control.  We may also cancel or merge events if the number of people booked 4 weeks in advance of the event falls below 50% of capacity.  If possible, we will offer you alternative dates or packages and will transfer your booking at no extra charge.  If this was not possible, or unacceptable to you, then we will refund the Tariff paid by you. Our liability will not extend beyond this refund.
 
In managing the Event the Skipper will take account of the weather, tides, the aptitude of the Travellers, the capabilities of the Vessel, the waters being sailed in and the safety of the Travellers and Crew, and may have to vary our itinerary and activities accordingly.  These variations do not constitute ‘lack of conformity’ and are not grounds for remedy, compensation or termination.
 
If for whatever reason you decide to leave the event early or if for medical or other reasons the Skipper deems it unsafe for you to continue with the Event, we will put you and any dependants ashore at an appropriate safe port.  The Skipper’s decision in this will be final and we will not be liable for any resulting costs or damages incurred by you. If this is at your request or caused by your behaviour, we may recover any resulting costs we incur directly or indirectly from you.
 
If you advise us that you cannot join us, we will cancel your booking and we will promptly refund your payments less the relevant termination Fee.  Once an event is fully subscribed, we will attempt to re-sell your booking.  If we are successful, we will refund the balance as set out in the Fee Schedule.
 
Your booking is transferable with our agreement which will not be unreasonably withheld.  This must be done through us. The new customer must pay in full and we will then refund your payment to you less the Transfer Fee.   
Arrival and departure
 
Access to Snark will be available to you from the time set out in the Event Package. We may not be able to accommodate you if you arrive earlier as we may be busy preparing for your arrival.  We will meet you at the location noted in the Event Package unless we notify you otherwise.  Please allow plenty of time to park or accommodate delays in public transport so you can be there ready to depart at the designated time.  There may be reasons why we cannot wait for you if you are late.
 
If for whatever reason you believe you are going to be late please contact us as soon as possible to let us know your estimated arrival time.  We will make all reasonable efforts to get you on board as soon as we can.  This may require you to get to an alternative embarkation location or to take a water taxi or other means of getting to Snark, in extremis it might involve you having to get to another port.  You will have to pay any additional costs incurred by yourself and/or by us.  If it is impractical or unsafe for us to get you onboard, we may have to proceed with the Event without you in which case we will not refund the Tariff or cover any of your additional costs.
 
Please be ready to leave the Vessel at the time set out in the Event Package or advised on the day.  If we have had to change the itinerary because of events outside our control, we may have to disembark you at an alternative location.  We will do what we can to get you to the advised disembarkation location. Depending on the causes of the diversion we may give you a partial refund of the Tariff or you may be responsible for arranging and/or paying for alternative ongoing transport.
 
Documents and insurance
 
If we are planning to visit foreign waters, we will advise you in advance and you must bring with you appropriate documentation including a current passport and any necessary visas and inoculation certificates, all with six months overrun.  In any event, if you are not a UK citizen, then you must bring with you your passport and any visas or other documentation you need to show you are free to travel in the UK or the foreign waters proposed.  We cannot legally take you between ports or overseas without the appropriate documentation and so will ask to see it before we depart.  If we are not satisfied that it is adequate, we may have to cancel all or some of your booking and leave you ashore. Any associated costs will be your responsibility.
 
Please take care when staying on Snark and report any incidents as they occur. We do not normally charge for minor breakages, but we may require you to pay for replacement, repair or making good if the damage or breakage is significant and avoidable.
 
We strongly recommend that you take out suitable travel insurance to cover cancellation, personal property, injury or death and other risks identified in the Agreement as our liability is limited in respect to these risks.  In any event, non-UK Travellers must carry appropriate travel and health insurance cover including repatriation costs in the event of accident, illness or death.  We may require you to provide proof that you have appropriate cover. We do not cover your personal possessions for loss or damage under our insurance policy, that is your responsibility.
 
Resolving problems
 
All queries, requests, complaints and compliments arising during the Event should be communicated to the Skipper as soon as possible so they can be promptly addressed to allow you and your fellow Travellers enjoy the Event.
 
Prior to the start of the event and after it is complete, we can be contacted on the email and postal addresses shown on our Web Site.  If you wish you can also contact us through the Retailer you booked through. Their contact details are shown on their web site.  They will pass on your complaint to us.  
 
If your concerns are not resolved to your satisfaction, you should record your complaints and any claims in writing to Snark Limited at the companies operating address and/or by email to bookings@snark.limited
We will respond as soon as we can and set out in writing how we propose to address your complaint and in what time frame.  If you do not accept our proposal, we both agree that before any further action is taken, we should attempt to resolve our differences through mediation, either through the British Marine mediation service or using another mediator to be agreed by us both.  We both agree to keep all complaints and their resolution confidential unless required to disclose it for legal reasons.
 
Rules and regulations
 
There are lots of regulations covering the operation of a commercial sailing vessel.  Most apply to us as the Operator and we are fully compliant with them, but some apply to you.  So please; do not bring weapons, contraband, illegal drugs, explosive, flammable or toxic substances on board;  listen to our safety briefings and follow our instructions in the event of an emergency; wear a lifejacket if we tell you to or at other times if you feel safer that way.
 
If we suspect you have brought any proscribed materials on board, we may search you and/or your property and take appropriate action if we are proved correct.  External agencies including customs, immigration, police and harbour authorities also have the right to search the vessel and passengers if they believe a breach of the law, regulations or bye-laws has occurred.  We will cooperate with authorities in all circumstances and you must do the same.
 
Any data collected during the course of this booking will be securely stored on our computer(s) and/or our cloud accounts and will be used only as set out in our data security policy which is on our Web Site
 
We are a Carrier under the terms of the Merchant Shipping (Convention Relating to the Carriage of
Passengers and their Luggage by Sea) Order 2014 ( the Athens Convention ) which defines our responsibilities and the limits of our liability for injury, death, damage and loss.  We do not accept liability for any consequential losses incurred by you your group or dependants including but not limited to; lost profit, income or savings, wasted expenditure, liquidated damages or other indirect costs or losses however caused unless required to do so by relevant Laws, Conventions or Regulations
 
This Agreement is made under English law and nothing in it removes our joint rights to seek recourse through action in the English Courts. If a court decides any part of this Agreement is unfair the rest of the Agreement still applies.  Singular and plural words are interchangeable.
 
Extreme weather conditions are those that in the opinion of the Skipper endanger the safe operation of the Vessel and include but are not be limited to, strong winds, heavy seas, strong currents and extremely high or low water levels, hurricanes, tornados and floods.
 
Extraordinary circumstances include, but not be limited to, natural disasters such as fires, eruptions and earthquakes, terrorist attacks, wars and military or civil armed conflicts, uprisings, military or illegal confiscations, labour conflicts, landing any sick, injured or dead person, search and rescue operations at sea or on inland waterways, measures necessary to protect the environment, decisions taken by traffic management bodies or port authorities, or decisions by the competent authorities with regard to public order and safety as well as to cover urgent transport needs.