In these Booking Conditions, “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date). “We”, “us” and “our” means Medsail Holidays AB.
1. To make a booking, you must complete our booking form. This must be signed by the first named person on the booking (“lead booker”). The lead booker must be at least 18 when the booking is made. The lead booker must confirm that he or she is authorized to act on behalf of the other members. It is also pre-requisite all the members of the group to have read and agreed on these Booking Terms and Conditions. Please keep in mind that you book cabins on a shared basis ( dorm style) and if you wish to have a private double cabin extra fees will be applied, subject to availability.
2. By completing the booking form within a business day, we will evaluate our availability within one business day and send you a booking quotation, payment deadlines and all relevant information. Please read the information sent to you carefully as to make sure the reservation is correct. If you find incorrect information, you have to inform us within 10 days and no charges will be made to you. After 10 days we will do our best to correct the mistake but any costs involved must be paid by you.
3. The currency applied to the lead booker’s booking will be determined by Medsail Holidays AB, in consideration of the booking location of the lead booker. The lead booker will be advised of the applicable currency prior to making any payment to Medsail Holidays AB. Regarding bank transfers, Medsail Holidays AB accepts only Euro (EUR€) payments and the currency exchange used, is the currency which was valid at the date of booking ( date of deposit paid).
4. In order to confirm your booking a 50% deposit of the total amount is necessary at the time of booking. If the booking is within 60 days of the departure date a full payment is required to be paid. Please keep in mind that the deposit is non-refundable. Non-refundable is also the ADD-ON: Athens to Athens route, from the time of booking regardless the time we receive any written cancellation for your cruise or ADD-ON. However, Life can be unpredictable and we understand that sometimes it’s necessary to change or delay your travel plans. With our Lifetime Deposit guarantee you can book our tours safe in the knowledge that if you’re unable to travel, your deposit is fully transferable and will be held for an unlimited time.
If you need to postpone or cancel your group tour more than 60 days prior to departure, we’ll keep your deposit securely on file for you to use against another Medsail Holidays AB tour of equal or greater value in the future, whether that be in 5 months or 5 years. You can also opt to transfer your deposit to a friend, family member or anyone of your choice who wants to travel with us, giving you full flexibility and ensuring that your money will be well spent.
5. The balance of the cost of the holiday must be received by us no less than 60 days prior to the date of the tour. This date will be shown on the confirmation invoice. Reminders are not sent.
6. In case you are unable to make a due payment on time, contact ‘Medsail Holidays AB in order to ask for an extension. If the extension is given, a written confirmation will be sent to you.
7. If we do not receive all payments due in full and on time, we are entitled to assume that you wish to cancel your booking. In this case we will be entitled to keep all deposits paid or due at that date. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in clause 13 depending on the date we reasonably treat your booking as cancelled.
8. From the time all payments have been made, a binding contract between you and us will come to existence. We both agree that English law will apply (and no other) to your contract and to any dispute, claim or other matter of any description which arises between us (“claim”).
PRICES, SURCHARGES AND REDUCTIONS
9. On account of the nature of adventure travel and the cost of the resources needed, it is likely the published prices of the products to change at any time before or after the booking. Medsail Holidays AB reserve the right to amend the price of your booking before the confirmation (final confirmation will be sent to you 60 days before the departure).
10. Within 60 days of the departure Medsail Holidays AB will not impose any surcharges except if increases in transportation costs, fuel costs, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airport charges, currency and exchange fluctuations which impacts the price of the applicable product(s), but only where the increase in question is greater than 2% of the original price paid for the product (excluding add-ons, insurance, and taxes). Medsail Holidays AB shall provide notice to the affected lead booker as soon as reasonably possible upon learning of the necessity to impose a surcharge in accordance with this section.
11. If a surcharge will exceed 5% of the cost of your booking, you will have the option of accepting a change to another holiday if we are able to offer one (we will refund any price difference if the alternative is of a lower value), or cancelling and receiving a full refund of all monies paid (excluding any amendment charges and bank fees). Should you decide to cancel, you must do so within 5 days of being informed of the price increase.
12. Our promise to you is that in case of a reduction more than 2% of the cost of your booking happens, we will refund you the money back.
CANCELLATION BY YOU
13. Cancellations will be accepted only in writing by the lead booker and after acknowledged by Medsail Holidays AB. Based on the date of our written acknowledge the following cancellation charges will be applied ( exceptions apply):
PERIOD WITHIN WHICH WRITTEN NOTIFICATION OF CANCELLATION IS RECEIVED BY US CANCELLATION CHARGE
Within 60 – 31 days of departure : 50% of total amount
Within 30 – 0 days of departure : 100% of total amount
14. Reservations that have been made using the “Grab and pay” offer will be non-refundable. That means from the time the lead booker has made the Full payment, the amount paid will not be refunded for any reason whatsoever.
15. Reservations also that have been paid in full using any kind of offer, prior to the mandatory date ( 60 days of arrival) will also be non-refundable. That means from the time the lead booker has made the Full payment, the amount paid will not be refunded for any reason whatsoever.
16. Medsail Holidays AB has promised to its people that no hidden-unjustifiable money will be kept by the world travellers. Following our promise, we make clear that no local taxes will be kept for booking’s after you have paid the full amount.
17. No refunds will be given for wholly/partly used tickets, vouchers or accommodation reservations or for any other services booked but not taken. In addition to, if you decide to leave the tour at any given date, no refund will be given for no reason whatsoever.
18. Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your own insurance policy. Claims must be made directly to the insurance company concerned.
CHANGE BY YOU
19. If you would like to make any changes in your current booking you should send us an e-mail. We will do our best to accommodate your request, however we cannot guarantee that we can do so. Take into consideration the nature of our products, normally a change on holiday dates is treated as a cancellation and rebooking in which case cancellation policy will apply. In case that we accept the change if there is any price difference on the new selected date, no refund will be issued. Please keep in mind that a second change on the same season is not possible.
20. If you or any person of the group is no more able to participate the lead booker should send us an email. We will do our best to accommodate your request, however we cannot guarantee that we can do so.
CANCELLATION/CHANGES OF A TOUR BY MEDSAIL HOLIDAYS AB
21. Arrangements are made well in advance, therefore occasions arise on which we have to change or correct some mistakes to our initial itinerary, and as a result to amend or cancel confirmed bookings. Medsail Holidays AB reserves the right to change and/or cancel confirmed bookings up to 24 hours in advance. We both agree, that a change in the name of a vessel, type of cabins offered or a change on the published daily activities prior to departure, is not considered as a change and we reserve the right to do so.
22. We would like to inform you due to the nature of our scheduled tours and the fact that wind conditions of Greece and can get ‘’aggressive’’ it is not always possible for our ships to reach all ports as planned. Unfortunately this is an inherent risk in sailing in Greece and we have no control over this. We will of course do our best to reach all scheduled ports but would ask that you allow for some degree of flexibility in itineraries when travelling with us. We both agree that a substitution of one port for another or the removal of a port of call in its entirety will be a minor change. A minor change is any change which, taking into account the given information at the time of booking or what can reasonably be expected of us to know as a tour operator, we could not reasonably expect to have a major effect on your confirmed tour. If a particular port on the published itinerary on our website is of particular importance to you, let us know while booking and we are more than happy to deal this issue in more depth. The captains of all of the ships we use retain the right to deviate from or change any particular itinerary where they believe it necessary to do so for example in the interests of the health and safety of passengers.
23. Most changes are minor. Occasionally, we have to make a “major change”. A major change is a change made before departure which, taking into account the given information at the time of booking or what can reasonably be expected of us to know as a tour operator, we can expect it to have a major effect on your holiday. Major changes may possibly consist of: a change of accommodation to that of a lower official classification or standard ( equivalent or higher standard boat/hotel accommodation is not classified as a major change) for the whole or a major part of the time you are away, a change of accommodation area for the whole or a major part of the time you are away, and, in the case of tours, a major change of itinerary missing out one or more major destinations either partially or altogether. For instance, if for whatever reason we are unable to provide you with the type of boat booked, we reserve the right to offer you alternative boat as replacement ( a sailing yacht is of similar standard of our en-suite boats) or even to arrange a standard Greek island hopping tour with on land accommodation in hostels/hotels and public ferries. The aforementioned change is specified as minor change according to our T & C’s.
24. If we are obliged to make a major change or any cancellation, we will inform you as soon as possible. If this happens before the departure, you will have the following options:
(a) to accept the amended arrangements
(b) to buy a new travel package from us which we will offer you to replace the original one, if it is available. We will offer you at least one alternative travel arrangement of equivalent or higher standard for which you will not be obliged to pay a difference in price. If this travel arrangement is in fact cheaper than the original one, we will issue a refund for the difference in price.
(c) to cancel or accept the cancellation and receive a full refund ( excluding bank fees). In case you do not inform us in writing that you wish to cancel the booking prior to departure date, we both agree that this will be considered acceptance of the change.
25. Understanding that a major change or cancellation will bring inconvenience to your travel plans, we will compensate you with the payments shown below (25), depending on the circumstances and which period the change or cancellation is taken place subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control (extreme weather conditions), the consequences of which we could not have avoided even with all due care or when the minimum number of persons to operate the tour has not been reached.
26. In case of cancellation or a major change is notified to you the compensation below is applicable depending on the period:
PERIOD BEFORE THE CANCELLATION COMPENSATION PER PERSON
37 – 48 hours 10 €
25 – 36 hours 20 €
13 – 24 hours 30 €
0 – 12 hours 10 €
Please note that the above compensation is not applicable for our day activities which are the a) Athens Booze cruise and b) Athens Club tour. If we cancel for whatsoever reason our day tours no compensation will be given to you, under any circumstances.
27. Very rarely, we may be forced by “force majeure” (see clause 28) to change or terminate your travel arrangements after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.
28. Except where otherwise stated in these booking conditions, we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage, loss or expense of any nature as a result of “force majeure”. In these Booking Conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events.
29. Medsail Holidays AB does not sell or arrange any other insurance for you. However we strongly believe that adequate travel insurance is an essential part of participating in our adventurous travel. It is your sole responsibility to make sure that the insurance purchased is suitable. We accept no liability for those who travel without any travel insurance in bridge of this clause. Medsail Holidays AB proposes on its website a worldwide reputable company where the traveller can make the insurance arrangements easier and quicker. The travellers are proposed to use for their own ease the following website www.worldnomads.com. Please note that this is only an advice for you and we have no liability in any insurance issues you might have.
GROUND AND AIR TRANSPORT TRANSFERS
30. Your booking does not include any kind of bus transfer to and from the airport or any kind of flight transfers between the places of our tours. However our team of travel specialists will be willing to facilitate you with these travel arrangements.
31. If you book with Medsail Holidays AB, you have to adhere to the rules and conditions applicable to the boat you are sailing on which are found on board. You accept responsibility for any damage or loss caused by you or any member of your group. Full payment for any such damage or loss must be paid immediately and directly to the accommodation / boat owner or manager or other supplier.
32. We expect all travellers to act in a polite and moderate manner towards others. If we consider that you or any member of your group behaves in such a way as to cause or be likely to upset, cause danger, or distress to any third party or damage to property, we are authorized, without prior notice, to terminate the travel arrangements of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the vessel or other service concerned. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
33. We truly believe in sustainable tourism and based on that mission many of our travel arrangements are provided by local independent suppliers. Every booking made through Medsail Holidays AB assumes that the lead booker agree with the terms and conditions of the local supplier. If you would like to get informed and read these terms please send us an email and we would be happy to send you further information. Please keep in mind that our optional excursions on land are not part of our contract.
PASSPORTS VISAS AND HEALTH REQUIREMENTS
34. Medsail Holidays AB uses all its travel knowledge and expertise in order to be on your side in your travel experience. We are in a direct relationship with one of the most accredited online visa and passport information provider called www.cibtvisas.com. You can get all the last updated information about your necessary travel documents. If you would like to have any other support or if you have any other inquiries which are not answered on the aforementioned website please send us an e-mail at firstname.lastname@example.org
35. UK passport holders may seek information by going to the website www.passport.co.uk . Under normal circumstances a British passport takes around 5 weeks to be obtained. We will inform you that the UK passport service requires attending an interview in order to confirm your identity data.
36. Travelers that do not hold a non-British passport must double-check the passport, health and visa requirements with the embassy or consulate of the destination country or any countries you will be travelling through. It is your responsibility also to know the compulsory health requirements of the destination country. For holidays at the EEA it is advisable to have an EHIC (European Health Insurance Card) which can be obtained from www.ehic.org.uk.
37. The lead booker is responsible for ensuring that all members of the group are in possession of all necessary travel and health documents before departure. Any costs incurred in obtaining such documentation must be paid by you. We cannot accept any liability if you or any member of your group cannot enter in any transport or into any country due to failure on your part to have the correct travel and health documents. Failure to have any necessary travel or other documents results to fines, surcharges or other financial penalty being imposed on us, you will be responsible for paying us back accordingly.
IMAGE AND MARKETING
38. Medsail Holidays AB shows great interest and creates several images and marketing tools using images captured on our tours. The traveller by booking through us acknowledges and agrees that any images, photos or videos are owned by us and as such we have the right to use them without compensation or obligation to ask permission by any traveller.
39. For any reason that you or any member of your group do not wish his/her data to be used, the lead booker must send us an e-mail to inform us with the name and the booking reference at email@example.com , before departure.
40. Medsail Holidays AB strives to offer the highest possible standards at the time being and working with an excellent selection of professional and inspired local suppliers. However for any complaints or dissatisfaction with the service given, we ask that you inform our tour leader immediately. Your tour leader will then take any necessary steps to rectify the situation. If you remain unsatisfied please e-mail us within 20 days of your return to your home country giving us all the necessary details. Any case that remains inactive for more than 1 month will be automatically closed. It’s our prime goal to follow are planned itinerary however we would like to stress that in the rare case we experience extreme weather conditions and deviate from the itinerary any negative public comments/reviews regarding this issue will be treated with legal action. The weather is completely out of our control and any issues due to the weather is not the fault of the company. In addition false accusations against our vessels that contradict our weekly check reports (technical and hygiene reports), will be dealt with in the same manner. While booking you agree that any action from your side that attempts to falsely blame publicly the name of our company and as an attempt to receive refunds from us, is an offense under the UK laws.
41. Optional/extras activities include any transportation, meal, adventurous activity which we may offer to you at the country you visit. The traveller agrees that these extras do not form part of the tour and we do not hold any liability on these, except of death or personal injury. These extras are operated by team of local high-standard suppliers and though we thrive for excellence we cannot guaranty timeliness or avoid any fluctuations that may happen. If you feel that any of these promoted extras are vital for your ultimate experience e-mail us immediately and we will get back to you with all the appropriate/updated information.
42. Medsail Holidays AB is not responsible for any destruction, costs, or claims which are due to any travellers’ mistake that unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services that form any part of the product, or a force majeure event (as herein defined).
43. Medsail Holidays AB is responsible for any destruction caused by the default to perform or the inadequate performance of the contract unless it is caused by the traveller or to any third party unconnected with the provision of the services contracted for, are unforeseeable or unavoidable; nor shall Medsail Holidays AB be liable for any failure to perform or improper performance of the contract due to unusual and unforeseeable circumstances beyond the control of Medsail Holidays AB, the consequences of which could not have been avoided even if all due care had been exercised; or an event which Medsail Holidays AB, even with all due care, could not foresee or forestall. For all the above damages traveller agrees that any compensation payable shall be limited in accordance with the applicable International Conventions that govern such services. In the case of damage other than personal injury resulting from the non-performance or improper performance of the services involved in the product tour, the amount payable to the traveller shall be limited to a maximum of the price which the traveller paid for the product, not including insurance premiums and administration charges.
44. The traveller has to inform Medsail Holidays AB in written form about any failure that the traveller alleges occurred. In the event of any loss, death, injury or illness caused by the negligent acts and/or omissions of Medsail Holidays AB or of the third-party suppliers of any services which form part of the Contract then Medsail Holidays AB limits its liability, where applicable by all applicable International Conventions Carriage of traveller and their luggage by sea is governed by the Athens Convention which is expressly incorporated into these Terms & Conditions and any liability of Medsail Holidays AB and/or the Carrier for death or personal injury or for loss or damage to luggage arising out of carriage by sea shall be determined solely in accordance with this Convention. The Athens Convention limits the Carrier’s liability for death or personal injury, loss or damage to luggage and makes special provision for valuables. It presumes that luggage has been delivered undamaged to the traveller unless written notice is given to Medsail Holidays AB.
a) in the case of obvious damage, before or at the time of disembarkation or redelivery; or b) in the case of damage which is not obvious or of loss, written notice should be sent within 15 days from the date of disembarkation or redelivery or from the time when such redelivery should have taken place. Any damage payable by Medsail Holidays AB up to the Athens Convention limits shall be reduced in proportion to any contributory negligence by the Client and by the maximum deductible specified in Article 8 (4) of the Athens Convention. Copies of the Athens Convention are available from Medsail Holidays AB on request.
45. Medsail Holidays AB may be responsible to a traveller in respect of claims arising out of carriage by sea, Medsail Holidays AB shall be entitled to all the rights, defences, immunities and limitations available, respectively, to the actual carrier and under the relevant Conventions, and nothing in these Terms shall be deemed as a surrender thereof. To the extent that any provision in these Terms is made null and void by the Athens Convention or any legislation compulsorily applicable or is otherwise unenforceable, it shall be void to that extent but not further. Medsail Holidays AB’ liability will not at any time exceed that of the carrier under its Conditions of Carriage and/or applicable or incorporated conventions or other legislation. Any liability in respect of death and personal injury and loss of and damage to luggage which Medsail Holidays AB may incur to the traveller, whether under the contract with the traveller in accordance with these Terms or otherwise, shall always be subject to the limits of liability contained in the Athens Convention for death/personal injury. Notwithstanding anything to the contrary elsewhere in these Terms, Medsail Holidays AB shall not in any circumstances be liable to travellers for any loss or anticipated loss of profit, loss of revenue, loss of use, loss of contract or other opportunity nor for any other consequential or indirect loss or damage of a similar nature. For claims not involving personal injury, death or illness or which are not subject to the Conventions referred to above, any liability Medsail Holidays AB may incur for the negligent acts and/or omissions of its suppliers shall be limited to a maximum of the price which the traveller paid for the product, not including insurance premiums and administration charges. Where this relates to loss of and/or damage to luggage and/or other personal possessions then Medsail Holidays AB liability will not exceed 500€. Medsail Holidays AB will not at any time be responsible for any loss of or damage to valuables of any nature. The traveller agrees that they shall be precluded from making a double recovery by making the same claims and seeking recovery against Medsail Holidays AB and its suppliers, contractors or other third parties.
SPECIAL REQUESTS AND MEDICAL CONDITIONS
46. Medsail Holidays AB promises to all the travellers that will try to make any special request real. It is of paramount importance to us that if you have any special requests or any particular medical condition to inform us in writing at the time of booking. Our customer support team will try to accommodate the traveller however we cannot guaranty that we will do so. Failure to meet any of these requests from our side will not be a breach of contract from our side, and if our team confirms your special request this will be done within a working day. Please make sure that if you or any member of the group has any medical problem or disability that may influence the tour to inform us in writing before the confirmation of your booking in order to advise you if you are able to participate in the tour.
PRIVACY AND POLICY
48. We would like to inform you that we will not be able to assist you in case of delay at your point of departure. Our priority would be always willing to facilitate at all aspects of your trip taking into consideration reasonable limitations.
49. Even if our company travel company is Sweden based take note that any services that appear in your travel arrangements are governed by the local standards (in the country that the tour took place) and not in the Sweden. A rule of thumb says that these are less strict.
50. Medsail Holidays AB operates trips with uncertainty and even if we thoroughly go through all the necessary details we might have to make amendments as the time passes. This is the reason that we reserve the right to do so and the updated terms and condition will be found at any time on our website.
51. If any clause or part of a clause, of these booking terms and conditions is found to be unenforceable such clause or part-clause will be omitted from these booking terms and the remainder of these booking terms will still apply as if the omitted clauses had never been written and agreed.
ACCEPTANCE OF RISK
52. All our fellow travellers must acknowledge that participating on adventurous tours has an inherent risk, in which travellers comprehend and acknowledge completely. Travelers acknowledge that participating in adventurous activities such as our products may inquire personal injury loss of his/her personal property or even death.
53. Our friendly tour leaders and local suppliers will do their best to maximize your travel experience but always promote moderate drinking. All our fellow travellers acknowledge, comprehend and accept that extreme consumption of alcohol or mind-altering substances will increase the risk of personal injury or death and Medsail Holidays AB does not reserve any responsibility.
54. Take into consideration all the aforementioned regarding the acceptance of risk, that to the full extent allowable by law the traveller assumes that such risk releases (and actually does) Medsail Holidays AB from all claims and causes of action arising from any damages resulting from these risks inherent in adventurous travel.
55. No refunds will be made in respect of any unused portion of a ticket or partially completed trip by, which includes any termination of traveller’s participation in the tour product due to the traveller’s own fault, negligence or breach of these Terms.
56. This agreement 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).