Terms and Conditions
TERMS AND CONDITIONS AND CONDITIONS OF BOOKING
Please note, these terms and conditions are compulsory as per the regulations, many of these are flexible though and we would rather have happy customers than anything else!
Please read carefully the Booking Conditions and information contained in your booking confirmation attachment that was emailed to you, as these form the basis of your contract with Falmouth Bay Tailored Tours and set out the respective rights and obligations of both parties. In the following Booking Conditions ‘you’ means the Party Leader and ‘we’ means Falmouth Bay Tailored Tours.
No booking can be regarded as confirmed until deposit is paid or payment is complete.
2. To confirm your booking
Once you have booked and paid the deposit, you will receive a Confirmation of Booking via email within 24 hours. A contract will then exist between us.
Once you have booked, the agreed price of your booking is fully guaranteed by Falmouth Bay Tailored Tours and will not be subjected to any surcharge provided you meet the payment schedule. This does not apply to invoice errors or government action. Additional costs may be charged and paid by you if pick up/drop off is arranged at locations other than Mylor Yacht Harbour. These costs will be explained at the time of booking, and are charged by the relevant harbour authorities/pontoon owners who charge directly to use their facilities
4. Schedule of payments
We require a deposit as stated at time of booking of 50% of the total trip cost. The Final Balance is due within 4 weeks prior to the day of your trip date (or at the time of booking, if this is less than 4 weeks prior to your course start date).
NOTE: You will be emailed a reminder to pay your balance via email at the appropriate time as laid out above. If any payment due is not received in full and on time we reserve the right to treat the booking as cancelled by you.
In the event of cancellation of the booking, every effort will be made to fill the the date of your tour with another booking, and if successful, the fees will be returned. If unsuccessful, any cancellations after monies have been paid will be charged as the scale below. You or any member of your group may cancel your booking at any time. Written notification or an email from you (the Group Leader) must be received at our office. To cover our expected losses there is a set scale of charges that applies.
The date of cancellation is the date of the receipt of written advice or email to Falmouth Bay Tailored Tours’ office. NOTE: if the reasons for your cancellation are covered under the terms of your insurance policy, you may be able to reclaim these charges i.e. necessary cancellation due to injury or illness etc.
Cancellation charges are payable as follows:
Prior to four weeks of commencement date: Deposit
4 weeks of commencement date: 70% of total sum
Less than 4 weeks of commencement date: No refund
6. Cancellation due to operational reasons
We reserve the right to cancel any of our tours due to operational reasons. In this event all fees will be refunded unless alternative dates are acceptable.
Falmouth Bay Tailored Tours will, wherever possible, try to arrange any alterations you may request after the contract is formed. Alteration requests must be made in writing/email to Falmouth Bay Tailored Tours by the Group Leader. Alterations requested more than 4 weeks in advance of your departure date, such as change of tour date or group numbers will be accepted if possible. Major alterations within 4 weeks of course date (such as change of tour date) will be treated as a cancellation and re-booking.
8. Falmouth Bay Tailored Tours website information
The arrangements detailed on the website are given in good faith at the time of publication, but we reserve the right to provide comparable alternative arrangements if operational or other considerations so dictate.
While every effort is made to ensure that all information on the website is correct, including offers, should an offer remain on the website in error then it is at Falmouth Bay Tailored Tours’ discretion as to whether the offer is honoured.
If we make a major change to your booking, we will inform you as soon as reasonably possible. You will have the choice of either accepting the change of arrangements or cancelling your booking and receiving a full refund of all monies paid. We reserve the right to impose surcharges due to government action.
9. Adverse weather
We can accept no responsibility for the effect that weather conditions may have on our tours. In the event of severe weather forcing cancellation for safety reasons you will be given the option of alternative dates subject to availability.
The decision whether or not to sail is always the responsibility of the Skipper on duty at the time.
From time to time authorised parties may carry out photography and/or video recording. You will always be consulted prior to this and as to whether you agree that we may use such images in promotional, advertising or publicity material in any format whatsoever. If you agree then the copyright rests with such authorised parties.
We strongly recommend that you are insured for your holiday/tour with us. It is your responsibility to ensure that your policy includes cover for cancellation, emergencies and the watersports activities in which you will be participating.
Falmouth Bay Tailored Tours holds full Public Liability Insurance up to a value of £5 million.
12. Force Majeure
Falmouth Bay Tailored Tours reserves the right to cancel/curtail your tour due to circumstances amounting to Force Majeure – these include, but are not limited to, war, riots, government action, terrorism, fire, weather conditions, strike action and all similar events Falmouth Bay Tailored Tours’ control which prevent or affect Falmouth Bay Tailored Tours’ contractual obligation. Where such circumstances occur Falmouth Bay Tailored Tours will not be liable to pay you refunds or compensation.
Falmouth Bay Tailored Tours and its skipper are responsible for the safe conduct of your tour and may vary the itinerary to that end. They alone shall decide whether or not the activities are available or conditions are safe to use visit certain areas. All water-based activities are offered subject to safe conditions.
Anyone who, in the opinion of the skipper, is unfit for any activity, or who behaves in such a way likely to cause danger, or harm to persons or property, may result in the early termination of the tour.
15. Lost Property
We remind everyone to take all their possessions home with them. We will keep lost property until the end of the season, but regret that we cannot forward items by post.
Whilst it is acceptable to enjoy a drink or two aboard our vessel, if the skipper feels that alcohol may be impairing the ability of any group member to remain safe on board the vessel, he may choose to end the tour early for the safety of all aboard. You will not receive any compensation for time lost on the water in this event.
It is prohibited to be under the influence of, consume or be in the possession of any controlled substances whilst engaged in any activity relating to your tour.
18. Falmouth Bay Tailored Tours Liability
Falmouth Bay Tailored Tours accepts responsibility should any of the services which we are contractually obliged to provide prove deficient or not of reasonable standard. This includes responsibility for the acts or omissions of any of our employees, subcontractors and suppliers. Save that as detailed below, no liability is accepted for death, injury or illness.
Falmouth Bay Tailored Tours does not accept liability or responsibility for personal injury to, or the death of any participant howsoever caused unless by the proven negligence of Falmouth Bay Tailored Tours, employees, suppliers or subcontractors. In addition, Falmouth Bay Tailored Tours is NOT liable for death, injury or illness caused by an activity outside of Falmouth Bay Tailored Tours vessel. Any activity carried out off the vessel (eg swimming, snorkelling, paddle boarding, kayaking etc) which your group chooses to participate in will be done so entirely at your own risk.
Falmouth Bay Tailored Tours cannot accept liability for causes of dissatisfaction that are not notified to us, in writing, within 28 days of completion of the tour.
Please do not take valuables with you on the water. Items such as car keys can be handed in to the skipper for safe-keeping however we can take no responsibility for valuables, even when handed into our care.
19. Person authorised to make the booking
The Party Leader is responsible for seeing that all members of their party are physically fit to take part in the tour or watersports activities. All adults on tours at Falmouth Bay Tailored Tours agree to be responsible for the good behaviour of those in their party and will adequately supervise their own party. Where damage is caused to Falmouth Bay Tailored Tours equipment e.g. boats, safety equipment or clothing etc as a result of wilful damage by a party member as a result of a party member not obeying Falmouth Bay Tailored Tours’s skipper’s iinstructions, then the person will be responsible for the full amount of the repair or replacement. The Party Leader is responsible for providing, at the time of booking, Falmouth Bay Tailored Tours with any known potential medical conditions that may affect the personal safety of any party members and for notifying, in writing, Falmouth Bay Tailored Tours of any special needs of any party members.
20. Termination of booking
We reserve the right in our absolute discretion to terminate without further notice the booking arrangements of any client who refuses to comply with the instructions or orders of the skipper whose behaviour in their opinion is likely to cause distress, damage, danger or annoyance to other clients, the skipper, any third party or to property. Upon such termination our responsibility for your booking ceases and we shall not be liable for any extra costs incurred by you.
Our aim is to give you an enjoyable and trouble-free tour. If you do have a problem or complaint it is important and in your own interest to tell the Falmouth Bay Tailored Tours skipper immediately so that steps can be taken to resolve the matter on the spot. If your complaint cannot be resolved there and then, please notify us, in writing/email, immediately upon your return. We strongly recommend that you communicate any problem to our skipper without delay and write/email a report whilst on our vessel, if you do not, we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were on the tour and this may affect your rights under this contract. Falmouth Bay Tailored Tours will make every effort to provide suitable alternatives but will not be held liable for changes made by outside influences. Disputes arising out of, or in connection with this contract that cannot be amicably settled may be referred to arbitration, if you so wish, under a special scheme that is administered quite independently by the Chartered Institute of Arbitrators.
Our vessel and all safety equipment used on board are of an approved design suitable for purpose.
22. COVID-19 Pandemic policy
If Government guideline restrictions are enforced, we will endeavour to reschedule your training. Refunds or credit due to a pandemic situation will only be made if government or local restrictions/guidelines prevent us from operating or prevent the legal travel and stay of visitors to Cornwall.