AGREEMENT FOR BOOKING: TERMS AND CONDITIONS
(Revision of 30th March 2023)
The following Booking Conditions together with the General Information contained on our website windartventures.com form the basis of your contract with WindArt Ventures Ltd. Company Number 11010807 whose registered office is at 71-75 Shelton Street Covent Garden London WC2H 9JQ. Save where otherwise stated, all bookings are subject to these Booking Conditions.
Please ensure you read this document in full before booking.
Definition and Interpretation
In these Booking Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
- “We”, “Us”, “Our”, “Windart” – WindArt Ventures Ltd.
- “You”, “Your” – All persons named on the booking or added to the booking at a later time
- “Travel arrangement”, “Holiday” – The travel service of either an accommodation or an event access you book through us
- “Accommodation” – the hospitality structure specified in the booking and sold as the unique travel service such as accommodation in a yacht, a camping site, an hotel and so on.
- “Event access” – the venue entrance ticket specified in the booking and sold as the unique travel service
- “The party leader” – The first named person on the booking
- “The Crew” – The totality of the people benefitting from the travel service and included in the booking
- “The Platform” – The booking systems, information systems, online and e-commerce services provided on “windartventures.com”.
The headings used in these Booking Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions. Words imparting the singular shall include the plural and vice versa and references to any gender shall include the other gender.
Please note that your booking with us will consist only of either an event access or an accommodation. As such, your booking does not create a “package” as defined in the Package Travel and Linked Travel Arrangements Regulations 2018 (“PTRs”). Moreover, in case of accommodation aboard a yacht, services such as a skipper and meals (where these are included as part of your booking) are ancillary to accommodation aboard a yacht. You can choose to go sailing whilst aboard the yacht, however the sailing is ancillary to the accommodation aboard the yacht and does not constitute carriage of passengers, transport or a travel service on its own. Furthermore, we may occasionally provide you with a water transfer to transport you to shore. However, the water taxi is considered a minor transport arrangement provided as part of the yacht accommodation, and therefore not a travel service in its own right. As such, also in this case, your booking does not create a “package” as defined in the Package Travel and Linked Travel Arrangements Regulations 2018 (“PTRs”).
By making a booking, the party leader agrees on behalf of all persons detailed on the booking that:
- he/she has read these Booking Conditions and has the authority to and does agree to be bound by them;
- he/she is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;
- he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking;
- all correspondence will be sent to the party leader. It is the party leader responsibility to ensure all party members on the booking, or those added at a later time, are sent a copy of the booking confirmation;
- the party leader is obliged to provide us with a list of crew members enjoying the holiday within the time limit specified in the booking confirmation or subsequent correspondence between us and you.
Booking made directly with us
You can initiate a booking by telephoning us directly, sending an enquiry online at our website, by email or by booking directly online on our website. We will then register your options on our booking system.
In case of booking made by telephoning us directly, sending an enquiry online at our website or by email, we will send you an email with confirmation details. You will have the chance to confirm your option(s) and make the appropriate payment (see clause 8. below) by credit or debit card, paypal account, or register your intention to pay by bank transfer.
In case of online booking, we assume all provided options are confirmed by you and a booking reservation will be automatically made in our system. In this case, if you do not make the first payment within 48 (forty-eight) hours after the online booking, the booking will be canceled and open for bookings by other customers.
Booking made through the Platform
You can choose to use the Platform to initiate a booking with us.
By initiating a booking via the Platform, you accept that we cannot be found liable in any way for any possible error encountered in the use of the platform that may compromise your holiday. You also accept that we cannot be found liable in any way for any inconvenience that you may encounter during the booking process and during your holiday deriving from the use of the Platform.
Information listed under any holiday published by us on the Platform should be regarded as references only and they do not constitute part of this agreement.
A booking confirmation will be sent by us to you via email only after receiving confirmation of your payment. Your booking will not be confirmed until the full payment has been received by us. Processing emails, deposit confirmation email and notification emails do not constitute a booking confirmation.
Booking for an odd number of people
The majority of accommodations provided to us by our suppliers are equipped only with double cabins/double beds suited for the accommodation of two people. When making a booking for an odd number of people you accept that we assume every right in pairing you with other clients. Although we shall use our reasonable endeavors to find the best fit for you, we cannot always guarantee this. In such an event we will not accept requests to switch accommodation or crew.
Payments done via the Platform
When using the Platform, you accept that the prices payable on the Platform may not be inclusive of mandatory services such as “final cleaning” required by our suppliers or by us and that you will complete the payment of such charges at a later stage according to their specific terms and conditions. Mandatory service fee not payable on the Platform will be listed in the information section of each holiday in the Platform.
If we do not receive all payments due (including any surcharge where applicable) in full and on time, we are entitled to assume that you wish to cancel your booking. In this case cancellation charges may be payable – see clause 12.
An invoice will be issued at the latest 30 days after providing our services when the full amount for the holiday (comprehensive of the mandatory charges and surcharges) has been paid.
Payments methods and payment plans
Payments can be made via Credit/Debit MasterCard/ Visa, Paypal or wire transfer. We do not store, nor have access to, your credit card information, bank account numbers, or other account data sent to those processing services.
The default invoice price is in EUR(€). If you choose to pay with GBP(£) (or any other currency) the price listed may change depending on fluctuations in exchange rates. For this reason, you are
advised to pay in EUR(€) if you do not agree to pay any price variations as a result of fluctuations in exchange rates.
The payment installment plan will vary depending on the travel arrangement week and destination you have booked. For the majority of the events the payment installment plan shall be as follows:
Booking usual payment plan:
- First Installment/deposit required is 30% of total amount and is non-refundable;
- Second Installment required is 70% of total amount due 40 days before travel arrangement starting date.
Any variation of this general installment plan will be communicated and agreed with the party leader prior booking confirmation.
In case of booking on the Platform, we assume that the installment plan agreed by you is the one selected during the booking procedure.
Your selected travel arrangements are not confirmed until you have paid the first installment. Your booking is not confirmed until the full amount has been paid.
It is the party leader’s responsibility to check the payment due dates and ensure that payments have been made in accordance with the payment installment plan. Any delay in making a payment may result in your booking being canceled by us without a refund. If you are likely to be unable to make a payment on time you must contact us as soon as possible to request an extension to the relevant payment due date. If we do not receive all payments due (including any surcharge where applicable) in full and on time, we are entitled to assume that you wish to cancel your booking. In this case cancellation charges may be payable – see clause 12.
If specified on the contract provided by our suppliers, any person enjoying the travel arrangement booked may be required to pay a tourist tax upon departure date during the check-in procedure with the supplier company. Failing to do so, could result in denied access to the accommodation or event by the supplying company. In such cases we cannot be found liable for any damages resulting from denied entrance at the event or denied use of the accommodation.
As soon as any payment is made to us, a binding contract will automatically arise between you and us, granting both parties respective duties and obligations under that contract.
We reserve the right to make reasonable changes to these terms and conditions at any time where such changes are necessary (for instance, in the case of a change in the applicable laws or regulatory requirements). Such changes will take effect when the updated terms and conditions are uploaded to the Platform.
We reserve the right to make changes to and correct errors in advertised prices at any time before your travel arrangements are confirmed. We will advise you of any error of which we are aware and of the then applicable price at the time of booking.
Please note, changes and errors occasionally occur. You must check the price of your chosen travel arrangements at the time of booking.
Prices do not include the associated food costs for any skipper or host contained in the booking, and customers are obliged to provide at least three meals a day for their skipper and host contained in the booking at reasonable meal times.
Changes by you
Should you wish to make any changes to your confirmed holiday arrangements, you must notify us in writing as soon as possible. Whilst we will endeavor to assist, we cannot guarantee we will be able to meet any such requests. Where we can, an amendment fee of €15 per person/per booking will be payable together with any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers.
Cancellation by you
If it is your intention to cancel a booking, you must inform us in writing as soon as possible.
Also, you agree that payment delay of more than 5 working days from the due date of a particular installment will be considered by us as your intention of canceling your booking.
In those cases, cancellation charges apply and they will be determined by the date we receive the cancellation notice in writing or by the date of the 6th working day after the due date of an unpaid installment. Please follow up to check if the notice of cancellation or of payment has been received and acknowledged by us.
We will refund only installments paid which are due sometime in the future from the date of cancellation and cancellation charges will be equivalent to the entirety of the installments due before the cancellation date.
In any case, no refunds will be issued for cancellation received less than 40 days from the start date of your travel arrangements and cancellation charges will be equivalent to the entirety of the travel arrangement cost. You agree that cancellation charges will be invoiced to you within 30 days from the cancellation date and that you will complete any due payment within 5 working days from the reception of the invoice.
WindArt Ventures Ltd requires that all clients take out personal travel/holiday insurance to cover themselves for all medical, loss and cancellation. It is your responsibility to buy personal travel insurance. You should make sure that your insurance policy covers adventurous activities such as sailing, climbing, diving and so on. Windart does not sell or organize travel insurance. You must buy travel insurance before going on holiday. Please read your policy carefully to ensure it complies with this requirement and covers all of the activities that you are going to be participating in. We strongly recommend your insurance covers cancellation, personal liability and loss of personal property. It is a condition of your booking that you have a suitable travel insurance policy in place. Windart accepts no liability to those who travel without travel insurance in breach of this clause. You also agree to indemnify us against all third-party claims, actions, damages and remedies which may be brought against us in respect of your participation in the holiday.
Changes and cancellation by us
We start planning all the required arrangements we offer many months in advance. Whenever necessary, we reserve the right to make changes to and correct errors on the Platform and other details both before and after bookings have been confirmed and sometimes cancel confirmed bookings. Whilst we always endeavor to avoid changes and cancellations, we must reserve the right to do so.
If due to circumstances beyond our control it becomes necessary to substitute an alternative accommodation or supplier, or make any other alterations to your booking we shall inform you of the changes as soon as possible. Depending on the circumstances, you may have to pay an additional cost due to such changes.
If the changes are, in our view, so substantial as to significantly alter your booking and you are unwilling to accept said changes then you may cancel your booking and we will give a refund of all money you have paid to us.
We may in exceptional circumstances be required to cancel your booking in which case a full refund of all money paid will be made to you. We regret we cannot meet any expenses or losses that you may incur as a result of change or cancellation.
There is a possibility that the accommodation you select when booking may not be available. Should this be the case, we shall notify you as soon as possible. We reserve the right to either cancel your booking in accordance with this clause or offer you a replacement accommodation.
For the avoidance of doubt, if we offer a more expensive replacement, which contains all the same facilities as the accommodation you chose on booking, this shall be considered an upgrade.
Very rarely, we may be forced by “Force Majeure” to change or terminate all or some of your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds, pay you compensation or meet any costs or expenses you incur as a result except where we manage to recover the same from our suppliers. You must direct all claims to your travel insurance.
COVID-19 Travel Requirements and COVID-19 local Regulations
WindArt Ventures Ltd requires all clients to comply with local COVID-19 regulations concerning the entrance and permanence of the Country where the Travel Arrangement is taking place. It is the client’s responsibility to check for local regulations regarding the prevention of COVID-19 spread and a compulsory requirement of this contract to adhere to them. Failing to do so will result in a breach of this contract and we reserve the right to cancel your Holiday at any time without any liability from us to you. If this situation does occur, the cancellation by us is not subject to clause 14. and we regret we will be unable to make any refunds, pay you compensation or meet any costs or expenses you incur as a result of such cancellation.
Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by “Force Majeure”. For the purposes of these Booking Conditions, Force Majeure means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labor strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned control.
Due to the types of arrangements being provided, your booking may be affected by weather conditions and other such factors outside our and our suppliers’ control. Accordingly, we cannot be held liable and will not pay any refunds or compensation where your stay is affected by such factors, including where this results in a reduction in the number of nights of your stay, or where this your enjoyment of the arrangements.
Our Liability to you
- We promise to make sure that the travel 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. Unless we breach the booking contract, this holiday is at the customer’s own risk. You will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred as a result of your breach or default in the discharge of your obligations.
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.
- We will not be liable to you in any way for any damages, loss (for example loss of enjoyment), expense, or other sum or claim of any description whatsoever, injury, illness or death if your claim resulted from:
- Any act, omission or failure by any third party;
- Any act, omission or failure by any employee(s), if they were not acting in the course of their employment carrying out the duties they were contracted to do with us;
- Any incorrect information supplied by you or a party on your booking form;
- Any of our emails being blocked by web filters or firewalls;
- Any act, omission or failure by any of our supplier(s);
- Any act, omission or failure of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable;
- Any act which may result in ‘Force majeure’ – clause 16.
- 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 on our website and we have not agreed to arrange them and any excursion you purchase in resort. In addition, regardless of any wording used by us on our website, in any of our brochures 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.
- 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 holiday maker to refuse to take the travel arrangements in question.
- 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 €1,000 per person affected unless a lower limitation applies to your claim under this clause or clause 7.(6) below.
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 full refund (excluding insurance premiums and amendment charges) paid by or on behalf of the person affected in total unless a lower limitation applies to your claim under clause 7.(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 travel arrangements.
- Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements forming part of your contract with us (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you will be limited. 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 under the international convention or regulation which applies to the travel arrangements in question (for example the Athens convention for international travel by sea). Please note: 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 transport provider for the complaint or claim in question. Copies of the applicable International Conventions and Regulations are available from us on request.
- Please note, we cannot accept any liability for any damage, loss, expense or other sum of any description 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 which did not result from any breach of contract or other fault by ourselves. Additionally, we cannot accept liability for any business losses.
- You must provide us and our insurers with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint as set out in clause 18. below. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred.
Complaints and problems
In the unlikely event that you have any reason to complain or experience any problems with your holiday whilst away, you must immediately inform our representative and the supplier of the service in question. Any verbal notification must be put in writing and given to our representative and the supplier as soon as possible. Until we know about a problem or complaint, we cannot begin to resolve it. Most problems can be dealt with quickly. If you remain dissatisfied, however, you must write to us within 28 days of your return giving your booking reference and full details of your complaint. Only the party leader should write to us. If you fail to follow this simple complaint procedure, your right to claim the compensation you may otherwise have been entitled to may be affected or even lost as a result.
Right to use photos and videos
Please note we use real people on real holidays and events for any images and videos we may have on our brochures, advertising materials, promotional materials and general publicity. If a photographer or another employee is taking photographs or video and you have an objection to these being used by us in this manner please make your objection known at the time.
Behaviour and early termination of contract
When you book with us, you agree that you must comply with the accommodation or event rules and regulations. You will be liable for any damage or loss caused by you or any member of your party. We expect all clients to have consideration for other people and properties.
If, in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your party behaves in a manner which is likely to cause danger or distress to any third party or property, we are entitled to terminate our agreement with the person involved without notice or refund. We also have the right to remove the person involved from the vessel and have no further responsibilities towards the person.
Windart operates a zero-tolerance drug policy. If you are found in possession of illegal substances, We reserve the right to cancel your booking without paying you a refund. This means (among other things) that you could be made to leave the accommodation or event you have booked at any time during your booking and that you could be banned from all Windart events in future.
We acknowledge that guests may wish to consume alcohol. You must, however, do so responsibly and we accept no liability to you for any injury, loss or damage you suffer as a result of your judgment being impaired wholly or partly by alcohol or drugs.
In case of accommodation on a yacht, you accept that the skipper is in charge of your yacht at all times. The skipper will make decisions on behalf of the yacht and its Crew based on safety, the general consensus of the Crew and local knowledge and experience of conditions and circumstances. We will not be liable for any itinerary changes made by the skipper in the interests of safety and guest experience.
You are solely responsible for your personal possessions and property. Where you lose any item of your personal possessions, whilst we do everything possible to locate lost property we cannot guarantee to do so, nor can we guarantee to be able to arrange for your property to be returned. We accept no liability and cannot be held responsible for the safety of your personal possessions and any lost property in any circumstance whatsoever as it is your personal responsibility to look after your belongings.
The nature of some of the activities you may choose to participate in during your Booking may involve a degree of personal risk. You accept these risks and accept that you are responsible for your own actions. In accepting these Terms you accept full responsibility for any damage, loss or expense caused by you or any person named on your Booking.
Conditions of suppliers
Many of the services which make up your travel arrangements are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you and, by virtue of their application to your contract with us, these will also limit or exclude our liability to you, usually in accordance with applicable International Conventions.
It is a condition of your booking that the party leader and the Crew understand and agree to the supplier terms of the company who supplies the travel arrangement for your booking.
If you have any special request, you must advise us in writing at the time of booking. Although we will endeavor to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met unless we have specifically confirmed this. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability.
Medical problems and health requirement
If you or any member of your party has any medical problem or disability which may affect your travel arrangements, please tell us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements.
It is your responsibility to consult with your physician to ensure you are physically fit and able to undertake a sailing holiday with us. You must inform us prior to departure if you or any members of your party suffer from any medical condition which could affect your holiday. You must keep any medication you may require with you at all times, and bring with you health documents.
Failing to comply with these requirements will constitute a breach of this contract and will give the right to Windart Ventures Ltd. and their representatives to deny your access to a specific accommodation or event or your general access to the holiday.
If this situation does occur, the cancellation by us is not subject to clause 14. and we regret we will be unable to make any refunds, pay you compensation or meet any costs or expenses you incur as a result of such cancellation.
Passports and visas
It is your responsibility to make sure that you have the correct visas and passports, depending on your nationality and the country(ies) you are traveling through. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you or any member of your party are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalties being imposed on us, you will be responsible for reimbursing us accordingly.
Excursions and activities
Excursions and activities are 100% not under our control, since unexpected events, force majeure, or safety concerns may arise without our control. Excursions and activities do not form part of your contract with us. We are not able to guarantee 100% accuracy all of the time with regards to information we provide concerning excursions and activities in the area you are visiting.
Excursions and activities may be subject to additional specific COVID-19 requirements. In the eventuality of lack of compliance to those regulations, Windart cannot be found liable to denied participation in such excursions and activities.
Prices and Brochure Accuracy
Information and prices shown on our Platform or brochure may have changed by the time you come to book your travel arrangements. Whilst every effort is made to ensure the accuracy of the website/brochure and prices at the time of publication, regrettably errors do occasionally occur. You must therefore ensure you check all details of your chosen travel arrangements (including the price) with us at the time of booking.
For the avoidance of doubt, the pricing details set out in the booking invoice take precedence over any other pricing information, including that in the acceptance email or on our website.
All the accommodation specifications, product data and measurements are provided on our Platform. The pictures are for general information purposes only. Discrepancies can be possible between the accommodation shown on the website and your allocated accommodation. This content does not represent or warrant the full inventory of the accommodation and is just presented for an overview list.
It is the requirements and standards of the country in which any services which make up your travel arrangements are provided which apply to those services and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may sometimes be lower.
The itinerary, as provided to you, may be affected by weather conditions (for example, the circle raft
might not be viable in adverse weather conditions). Whilst we try our utmost to ensure the itinerary is followed as closely as possible, we cannot be held liable for deviations in the itinerary due to circumstances out of our control.
Your itinerary will be confirmed 2 weeks prior to the date of departure, which may be subject to change at any time. As such we will accept no responsibility for any additional activities or bookings you have incurred at your own expense.
Your booking does not include: transport to and from your home country, coach transfers between
the airport and the marina, or any other type of transport. In case of special request, or travel by large group of people we will try to accommodate as much as possible all the transfers in order to be able to mitigate possible time loss and discomfort for the crew.
Regardless of mode of transport delays can occur. By choosing to travel by transfer the crew acknowledges that due to weather conditions, mechanical failure, traffic, an accident or some other reason, the likelihood of delay often cannot, even with all due care, be predicted or prevented. Accordingly, CrazySail cannot accept liability for any inconvenience or expenses you may incur as a result of such delays.
Regarding flights, or any other transport you choose to reach the departure place, we are not liable for any incident which may occur that can interfere with your booking with us and will not refund money for any missed/canceled flights. Any arrangements or compensation in the event of a delay or cancellation will be at the sole discretion of the transport company you booked with or your personal travel insurer.
Jurisdiction and Applicable Law
Your contract with us shall be governed exclusively by the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to adjudicate upon any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes and claims).