Booking Terms and conditions
Narwhal Expeditions Terms and Conditions
1. Terms Used
1.1 In this Agreement the following expressions have the following meanings:
1.1.2 The “Company”, “we”, “us” and “our” is Narwhal Expeditions Limited, trading as ‘Narwhal Expeditions’ which is incorporated in England
with limited liability. Registered Office: Merlins, Gunnerside, Richmond, North Yorkshire, UK. UK Reg. Number: 11100214
1.1.3 “Agreement” means this Agreement between You and Narwhal Expeditions, including the clauses of, and any schedules to, this document.
1.1.4 “Effective Date” means the date set out at the end of this Agreement
1.1.5 “Environment” means the surroundings or conditions in which the Yacht operates
1.1.6 The “Expedition Member”, “you” and “your” is the person named on this Agreement
1.1.7 “Expedition” means an expedition or other sailing trip organised by Narwhal Expeditions
1.1.8 A “Course” means any other activity organised by Narwhal Expeditions which does not contain a sailing element.
1.1.9 “Start Date” means the date on which an Expedition or Course begins
1.1.10 “End Date” means the date on which an Expedition or Course ends
1.1.11 “Fees” means the fees which are to be paid by You to Narwhal Expeditions
1.1.12 “Force Majeure” is any event or circumstances which we or the supplier of the service(s) affected could not, even with all due care, foresee or avoid. Such events may include, whether actual or threatened, war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather or road conditions, fire, bureaucratic obstacles, changes in schedules or mode of transport by ferry companies, airlines, bus or train operators and all similar events outside our control
1.1.13 “Skipper” means Narwhal Expedition’s representative appointed to manage, the Yacht and the crew and Expedition Members on that Yacht
1.1.14 Yacht means a sailing vessel provided by or on behalf of Narwhal Expeditions for the purposes of the Expedition
1.2 In this Agreement:
1.2.1 Words expressed in any gender shall where the context so requires or permits include any other gender
1.2.2 Words expressed in the singular shall where the context so requires or permits include the plural.
2 Your Commitments
2.1 On payment of the full fee and providing you have all necessary documents and insurance, you will be allowed to join the Expedition as an Expedition Member.
2.2 As an Expedition Member on the Yacht, You agree:
2.2.1 That the Skipper has the ultimate authority on all matters affecting the safety of the Yacht, her Expedition Members and the Environment.
2.2.2 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 Expedition Members and the Environment and for this purpose the Skipper has all the necessary authority, on behalf of Narwhal Expeditions.
2.2.3 That no employee of Narwhal Expeditions, its agencies or agents shall have authority to override the Skipper's decisions in the performance of the responsibilities mentioned above. To the extent that any Policy or Procedure of Narwhal Expeditions or any representatives shall conflict with the ultimate authority of the Skipper, such Policy or Procedure shall be invalid.
2.2.4 To embark on the Yacht, report to the Skipper, and be ready for departure by the relevant Start Date of the Expedition or course. Absence without the agreement of Narwhal Expeditions for any part of the Expedition will (for the avoidance of doubt) constitute a breach of this Agreement. In this event, Narwhal Expeditions will accept no liability for the uncompleted Expedition Leg(s) in which You were due to participate and You will not be entitled to any refund of any Fees paid. Narwhal Expeditions will not accept responsibility for any charges that you may incur that are connected with You missing the departure of the Yacht.
2.2.5 To provide Narwhal Expeditions with current details of your next of kin
2.2.6 Not to bring any guests or other persons unknown to the Skipper on board the Yacht without the prior authorisation of the Skipper
2.2.7 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 Expedition Leg, or any other items which the Skipper has forbidden.
3 Embarkation and Disembarkation of Expedition Legs
3.1 For embarkation, You must arrive at the times communicated with you on the Start Date of the Expedition on which you are due to participate. You will only be permitted to embark outside these times at the discretion of the Skipper.
3.2 For disembarking, You will disembark prior to 12.00 hrs local time on the final day of the Expedition unless alternative arrangements have been made.
3.3 You must have cleared all Your personal belongings and effects from the Yacht by the End Date of the Expedition in which You participate;
4.1 It is your own responsibility to:
4.1.1 Ensure that you seek professional medical advice before participating in an Expedition or course and to be aware of and to take all necessary health precautions and preventative measures. Information is available from the National Travel Health Network and Centre www.nathnac.org, Department of Health leaflet T7 (Health Advice for Travellers) available from the Department of Health by telephone on 0870 1555455 or via its website www.dh.gov.uk and from most Post Offices. Health requirements and recommendations for the regions we visit may change at any time and you must check the latest information in good time before departure.
4.1.2 Comply with all health requirements, including but not limited to, vaccinations and inoculations, for the countries being visited during the Expedition or course
4.1.3 Supply evidence to your Skipper prior to departure of your compliance with the requirements of clause 4.1.2
4.1.4 To declare in writing to Your Skipper any form of medication prescribed by a doctor which You may reasonably be expected to take during an Expedition or course
4.1.5 To declare in writing to Your Skipper any medical history that may be relevant to Your health during the Expedition or course
4.1.6 To ensure you have adequate medical insurance and or funds available to cover the costs of any medical treatment (including medicine) required during an Expedition or course.
4.2 If You fail to comply with any of Your obligations in clause 4.1 it will result in You not being allowed to sail on the Yacht and You will asked to leave the Yacht if you have already embarked and will not be entitled to a refund of any Fees which You have paid.
4.3 You declare that to the best of your knowledge, you are not suffering from epilepsy, disability, giddy spells asthma, diabetes, angina or a heart condition and that you are fit to participate on an expedition at sea.
4.4 You recognise that there is a potential risk of injury whilst participating on this expedition or course.
5. Passports & Visas
5.1 It is your own responsibility to comply with all current passport and visa requirements. Requirements may change and it is your responsibility to check the up to date position in good time before departure. If you are not a British citizen or hold a non British passport, you must check passport and visa requirements with the embassy or consulate of the country(ies) through which the Expedition passes.
5.2 We require that your passport is valid for at least 6 months after the End Date of your Expedition. If your passport is in its final year, you should in any case check with the Embassy of the country you are visiting.
5.3 British citizens traveling in Europe should obtain an EHIC card prior to departure.
5.4 We do not accept any liability if you are unable to enter into any country due to failure on your part to carry all required documentation including an acceptable passport and any necessary visa(s) and/or health certificates.
5.5 If the Skipper does not reasonably believe that you have the required passport and any necessary visa(s) for the Expedition or course on which you are due to participate, he may ask you to disembark from the Yacht prior to departure and you will not be entitled to a refund of any Fees which You have paid.
5.6 If your failure to have the required documentation for the Expedition or course results in fines, surcharges or other financial penalty being imposed on us or costs or expenses being incurred by us, you will be responsible for reimbursing us accordingly.
6.1 You must:
6.1.1 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 Expedition 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 Expedition Members, or themselves.
6.1.2 Do nothing which may render the Yacht liable to arrest or impounding
6.1.3 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
6.1.4 Not use, carry, distribute or store any illegal drugs
6.1.5 Not smoke below deck at any time and only on deck with the permission of the skipper on each occasion. This includes e-cigarettes
6.2 If You breach any of your obligations in clause 6.1 Narwhal Expeditions will be entitled to terminate this Agreement without notice and dismiss You from the Expedition. In this event, Narwhal Expeditions will have no liability for the uncompleted Expedition 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.
7.1 It is your responsibility to arrange suitable personal insurance for the Period of the Agreement, the and the Expedition. This insurance must cover yachting and any other activities that you will undertake during your expedition for the area of your Expedition and must cover personal accident, medical expenses, repatriation, loss and damage to personal effects.
7.2 In the event that you do not have suitable travel insurance prior to departure, You will not be allowed to join the Expedition or course and You will not be entitled to a refund of any Fees paid.
7.3 In addition to your personal insurance, we strongly advise You to take out cancellation insurance to protect Your fees. If you choose to partake in the Expedition or course without adequate insurance cover, Narwhal Expeditions will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
8.1 You will:
8.1.1 be responsible for making arrangements for, and paying for, travel to and from the start and finish ports of Your Expedition or course
8.1.2 reimburse Narwhal Expeditions for any charges incurred by narwhal Expeditions in obtaining travel documents for You. In these cases an administration fee of no less than £50 and up to £400 will be charged.
8.1.3 ensure that all of your personal equipment and clothing necessary for the expedition is on board the Yacht prior to departure. Narwhal Expeditions may not be able to make alterations to the itinerary in the event of baggage delays and will not be responsible for any additional costs associated with such delays.
9.1 The Itineraries and other Expedition details are published in good faith as statements of intent only and any reasonable changes to the Itinerary or Yacht may be made where Narwhal Expeditions or the Skipper deem it necessary.
10 Narwhal Expeditions’ Obligations
10.1 Narwhal Expeditions will provide:
10.1.1 A Skipper with the appropriate qualifications and experience to command the Yacht.
10.1.2 A Yacht, certified in accordance with the Maritime and Coastguard Agency Code of Practice
10.1.3 Food and non-alcoholic drinks whilst You are on board the Yacht, of a reasonable amount and quality.
11 Media and Publicity
11.1 You must be aware that You, Representatives of Narwhal Expeditions, Expedition Members and other members of the public may take photographs, film footage or write blogs or other such articles of or about our company, the Expedition Members, the destinations and the Yacht while on an Expedition. We reserve the right to use such material for advertising, film or brochure / website production and other marketing uses (including footage for television) without obtaining further consent. We also reserve the right to use any comments that clients make regarding Narwhal Expeditions on any future promotional material.
12 Non-sailing activities
12.1 Narwhal Expeditions is not responsible for your safety whilst participating in any non-sailing activities including but not limited to kayaking, swimming, stand up paddle boarding, hiking and other activities ashore
12.2 From time to time, Narwhal Expeditions may provide a selection of kayaks, tents or other expedition equipment for your use. For the avoidance of doubt, the provision of such items is entirely at the discretion of Narwhal Expeditions and is in no way an obligation under this agreement.
12.3 When kayaks, tents or other expedition equipment are provided, they are for use solely at the skipper’s discretion and at the participant’s own risk
12.4 Personal equipment associated with such activities, with the exception of buoyancy aids, shall be provided by individual participants and suitable for the conditions.
13 Carriage of Your expedition equipment
13.1 You may choose to bring items of your own equipment on the expedition such as but not limited to, kayaks, skis, mountaineering equipment, surf or SUP boards, camera, filming or scientific equipment. Narwhal Expeditions will endeavour to carry these items safely and securely, however Narwhal Expeditions takes no responsibility for loss or damage of personal expedition equipment carried on board the yacht
13.2 It may be necessary for large and bulky items such as kayaks or surf boards to be transported on the open deck where they will be exposed to the elements
13.3 You should discuss carriage of large bulky items such as kayaks or surf boards with Narwhal Expeditions at the time of booking
13.4 You should insure that You have adequate insurance for all personal items that you bring on board the Yacht during a course or expedition
13.5 You are responsible for any costs associated with getting equipment to the start point of the expedition and returning it from the end point of the expedition
13.6 You are responsible for any costs and documentation requirements associated with importation requirements for any personal expedition equipment.
14 Payment of the Fees
14.1 Payment of fees for individual crew places
14 .1.1 If you book your place on an Expedition or course more than 90 days before its departure date, you must pay a non-refundable deposit of 25% of the Expedition or course cost at the time of booking.
14.1.2 The balance of the cost for the Expedition or course must be paid not later than 90 days before the departure date of the Expedition or course, otherwise we are entitled to treat the booking as cancelled by you in which case the cancellation charges shown below will be payable.
14.1.3 If you book your Expedition or course less than 90 days before the departure date, you must pay the full cost of the Expedition or course at the time of booking.
14.2 Payment of fees for full boat charters
14.2.1 Booking fees for full boat charters are required as follows, otherwise we are entitled to treat the booking as cancelled by you in which case the cancellation charges shown below will be payable. :
271 days or greater - 25% of full cost shall be paid
270 - 181 days - 50% of full cost shall be paid
Less than 180 days - 100% of full cost shall be paid
14.3 The Fees do not include the following costs and expenses, which You will be responsible for the payment of:
a) all personal insurance premiums which You pay connected with the Expedition;
b) all medical costs, except for the costs of medicines obtained (appropriately) from the Yacht's
c) all visas, and entry permits required by countries and authorities during the Expedition;
d) costs relating to travel (including the cost of flights, and including traveling to and from any course or Expedition;
e) any expenditure incurred by You (other than on the Yacht with the prior approval of a Narwhal Expeditions official).
15 Changes by Narwhal Expeditions
15.1 Once your booking has been confirmed, we will try to ensure that your Expedition does not have to be altered in any material way. However because arrangements are planned many months in advance and because of the unpredictability and complexity of travel at sea, sometimes changes have to be made and Narwhal Expeditions reserve the right to do so at any time. Most of these changes will be minor and Narwhal Expeditions will advise You of them at the earliest possible date. Narwhal Expeditions also reserve the right in any circumstances to cancel the Expedition. For example, if the minimum number of participants required for a particular Expedition or Leg is not reached, Narwhal Expeditions may cancel it. However, Narwhal Expeditions will not cancel Your Expedition Leg less than 60 days before its Start Date, except for reasons of Force Majeure or failure by You to pay Fees as detailed in clause 13. If Narwhal Expeditions does cancel an Expedition more than 60 days before departure Narwhal Expeditions will offer You the choice of:
a full refund; or
an offer of alternative expedition arrangements of comparable standard from us, if available (Narwhal Expeditions will refund any price difference if the alternative is of a lower value).
15.2 If Narwhal Expeditions have to cancel an Expedition within 60 days of your departure date, Narwhal Expeditions will offer You the choice of:
a full refund; or
an offer of alternative expedition arrangements of comparable standard from us, if available (Narwhal Expeditions will refund any price difference if the alternative is of a lower value).
You must notify us of your choice within 7 days of our offer. If You fail to do so Narwhal Expeditions will assume that You have chosen to accept the change or alternative arrangements.
15.3 Most alterations will be minor and while Narwhal Expeditions will do our best to notify You of any changes as soon as reasonably possible if there is time before your departure, Narwhal Expeditions will have no other liability to You. Examples of “minor changes” include the following when made before the commencement of your, Expedition or Course:
A change of Start or End Dates or overall length of the Expedition of 3 days or less.
A change of itinerary such as a small change in destination or missing a particular destination port of call.
Occasionally Narwhal Expeditions may have to make a major change to the Leg or Expedition with 60 days of departure. Examples of “major changes” include the following;
A change of Start of End dates or overall length of the Expedition of 3 days or more.
A significant change to Your itinerary, such as a significant change to the Start or End Place of an Expedition.
In this instance, Narwhal Expeditions will provide for additional travel arrangements to/from the previously advertised start/end points.
15.4 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 this Agreement and when making any associated arrangements such as hotel or flight bookings.
If Narwhal Expeditions decide to make a significant change to the itinerary once underway, such as a change of more than 3 days in the length of the expedition of a significant change in arrival port, Narwhal Expeditions will provide for transportation to the advertised arrival port.
Narwhal Expeditions may be forced by "Force Majeure" to change or terminate the Expedition after departure. If this situation does occur, Narwhal Expeditions regret Narwhal Expeditions will be unable to make any refunds, pay You compensation or meet any costs or expenses You incur as a result.
15.5 If Narwhal Expeditions become unable to provide a significant proportion of the services under this Agreement after You have departed, Narwhal Expeditions will make alternative arrangements for You at no extra charge and will offer You
an alternative expedition of comparable standard from us, if available (Narwhal Expeditions will refund any price difference if the alternative is of a lower value).
15.6 The compensation that Narwhal Expeditions offer does not exclude You from claiming more if You are entitled to do so. Narwhal Expeditions will not pay You compensation where Narwhal Expeditions make a major change or cancel more than 60 days before departure or in the event that Narwhal Expeditions are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which Narwhal Expeditions could not have avoided even with all due care.Narwhal Expeditions will tell You if Narwhal Expeditions have to cancel for this reason not less than 45 days before departure.
15.7 The above sets out the maximum extent of our liability for changes and cancellations and Narwhal Expeditions regret Narwhal Expeditions cannot meet any expenses or losses You may incur as a result of change or cancellation.
15.8 Narwhal Expeditions will not pay You compensation and the above options will not be available if Narwhal Expeditions make a minor change or cancel as a result of Your failure to make full payment on time or where the change(s) or cancellation by us arises out of alterations requested by You.
15.9 It is important for You to note that Narwhal Expeditions is not responsible for Your costs of travel (and associated accommodation and/or the costs of meals) to and from the start of or from the end of any Expedition or Course.
16 Force Majeure: Events Outside Narwhal Expeditions’ Control
16.1 Except where otherwise expressly stated in this Agreement, we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to any circumstances, eventuality, cause or condition which is beyond the reasonable control of Narwhal Expeditions, including (but not limited to) war or threat of war, civil strife, riot, industrial dispute, terrorist activity, natural or nuclear disaster, fire, technical problems with transport, closure or congestion of airports and adverse weather (and/or sea) conditions. (‘Force Majeure’)
17 Termination of or Changes to this Agreement by You and the related Termination Charges
17.1 Termination by You of courses and expeditions:
17.1.1 You may terminate this Agreement upon reasonable notice to Narwhal Expeditions in writing. Your notice of termination will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it. We recommend that you use recorded delivery.
17.1.2 The complexity and difficulty of providing and selling Expeditions means that significant costs are incurred in canceling your arrangements. Depending on the date of termination of this Agreement, You will be liable for the amounts set out in the table in clause (17.1.4) below.
17.1.3 For the avoidance of doubt, if this Agreement is terminated for any reason, Narwhal Expeditions retains the right to resell such places to another Client.
17.1.4 Table of Cancellation Charges for individual crew places
(The fee detailed is calculated on the basis of the total cost payable by the person(s) terminating excluding insurance premiums and amendment charges which are not refundable in the event of the person(s) to whom they apply terminating):-
Notice period - % charge of full Expedition price
91 days or greater - 25% of full cost
Less than 90 days - 100% of full cost
17.1.5 Cancellation charges for full boat charter
Notice period - % charge of full Expedition price
271 days or greater - 25% of full cost
270 - 181 days - 50% of full cost
Less than 180 days - 100% of full cost
Where a booking has been made for a whole boat charter, the above cancellation charges remain in effect with reference to the full charter fee and are not dependent on, or altered by, the number of participants joining the Expedition.
18 Changes by You
18.1 If You wish to change any part of your confirmed Expedition or Course, you must inform Narwhal Expeditions in writing as soon as possible. Whilst we will do our best to assist, Narwhal Expeditions 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 Narwhal Expeditions 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 Narwhal Expeditions are unable to assist You and You do not wish to proceed with the original arrangements we will treat this as a termination by You.
19 Narwhal Expeditions’ Liability to You
19.1 Narwhal Expeditions will accept responsibility for the arrangements Narwhal Expeditions agrees to provide or arrange for You. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in this Agreement and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of Your Expedition or part thereof. Please note that it is Your responsibility to show that Narwhal Expeditions or our supplier(s) have been negligent if You wish to make a claim against us.
19.2 Narwhal Expeditions will not be responsible or pay You compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
19.2.1 the act(s) and/or omission(s) of the person(s) affected;
19.2.2 the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which are unforeseeable or unavoidable; or
19.2.3 unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
19.2.4 an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
19.3 Narwhal Expeditions limit the amount of compensation Narwhal Expeditions may have to pay You if Narwhal Expeditions are found liable under this clause:
19.3.1 loss of and/or damage to any luggage or personal possessions and money,
184.108.40.206 The maximum amount Narwhal Expeditions will have to pay You in respect of these claims is an amount equivalent to the excess on Your insurance policy which applies to this type of loss per person in total because You are assumed to have adequate insurance in place to cover any losses of this kind.
19.3.2 Claims not falling under (a) above and which don’t involve injury, illness or death
220.127.116.11 The maximum amount Narwhal Expeditions will have to pay You in respect of these claims is twice the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and You or Your party has not received any benefit at all from
18.104.22.168 When making any payment, Narwhal Expeditions are entitled to deduct any money which You have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
19.4 It is a condition of our acceptance of liability under this clause that You notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
19.5 Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance Narwhal Expeditions may reasonably require.
19.6 Please note, Narwhal Expeditions cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) which on the basis of the information given to us by You concerning Your booking prior to our accepting it, Narwhal Expeditions could not have foreseen You would suffer or incur if Narwhal Expeditions breached our contract with You; or (b) relate to any business.
19.7 Narwhal Expeditions will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised by us.
If you do have a problem during your Expedition or Course, please inform your Skipper immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact us at email@example.com. If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us at our registered office within 28 days of the end of your stay, giving all relevant information. Failure to follow the procedure set out in this clause may affect ours and any applicable supplier’s ability to investigate your complaint, and will affect your rights under this Agreement.
21.1 Waivers of Rights
21.1.1 No delay by Narwhal Expeditions or You in enforcing its respective rights will prejudice or restrict its rights and no waiver of any such rights or of any breach of any contractual terms will be deemed to be a waiver of any other right or of any later breach.
21.2.1 If any of the provisions of this agreement is judged to be illegal or unenforceable, this will not affect the continuation in full force and effect of the other provisions of this Agreement.
21.3.1 This Agreement will be governed by and interpreted in accordance with the laws of England and Wales.
21.3.2 Any dispute or claim arises out of or in connection with this agreement or its subject matter, then the courts of England and Wales will have the exclusive jurisdiction to settle that dispute or claim, unless you are domiciled in Scotland, in which case the courts of Scotland will have that jurisdiction, or Northern Ireland, in which case the courts of Northern Ireland will have that jurisdiction.
THIS AGREEMENT is made from the time at which you pay your deposit or full expedition fee, whichever is the earlier.