Banwell Marketing Oy / aQuablue Charter terms and conditions
1. Content of the contract
The sailing includes the services and arrangements that have been agreed upon between the
customer and the organizer. When evaluating the content of the contract, all contract conditions
announced in advance in writing or electronically are taken into account.
In general, the sailing offered by the organizer includes a skippered sailing from the indicated
departure port to the return port. Other services included in different themes are always announced separately, either on the website or directly to the customer.
A contract binding the customer is created when the reservation fee or the price of the sailing
determined by the organizer has been paid at the time determined by the organizer.
The price of the sailing must be paid in full by the deadline announced by the organizer or by another agreed deadline. After paying the booking fee or the price of the sailing, the customer has the right to receive a confirmation about the trip well in advance of the start of the sailing.
2. Payment terms
Reservation is only confirmed when the payment has been paid within the given time.
3. Cancellation terms
Cancellation is free of charge if the cancellation takes place no later than 30 days before the start of sailing. For cancellations made within 30 - 14 days, we charge 50% of the total value of the reservation, and for cancellations made less than 14 days, we charge 100% of the value of the
reservation.
If the trip is not cancelled, and the customer does not arrive at the agreed departure point on time ,
or if he/she cannot participate in the trip because he/she does not have the necessary documents for the trip, such as a valid passport, visa, identity card or vaccination certificate, for reasons that are his/her responsibility, he/she is not entitled to a refund.
Customer's right to cancel the trip due to force majeure
It is a customer’s responsibility to ensure that he/she has a valid home- or travel insurance that
compensates for the trip cancellation due to force majeure. Due to the special nature of sailing trips, the organizer does not reimburse the customer's cancellation costs that deviate from the organizer's terms and conditions.
4. Price changes
After the conclusion of the contract, the organizer has the right to increase the agreed sailing price on the following grounds:
a) changes in taxes and other public charges affecting the price of the trip.
b) a change in transportation costs that the organizer could not influence and that the organizer could not take into account when concluding the contract.
The price of the sailing may not be increased during the 21 days prior to the agreed trip departure time.
5. Customer's obligations and responsibility
During the trip, the customer must follow the instructions and regulations set related to the
implementation of the trip given by the captain, the authorities, the organizer or the organizer's
representative, as well as the rules of order for the means of transport.
The customer must not disturb other passengers with his/her behaviour or cause harm or danger to himself/herself or other passengers with his/her behaviour. If the customer substantially neglects his/her obligations, he/she can be denied the trip or removed from the trip. In this case, the customer does not have the right to a refund and he/she is responsible for all the costs of his/her trip to port of return/home.
The customer is responsible for the damages that he/she causes to himself/herself, the organizer or third parties through his/her deliberate, careless or negligent actions, for example by violating the above-mentioned regulations.
The customer should not possess or use narcotic substances on the vessel, regardless of the length or nature of the trip. This prohibition is absolute, and the captain has the right and obligation to refuse the departure of a customer who violates this prohibition, or to interrupt the customer's trip. In this case, the customer does not have the right to a refund and the customer is responsible for all the costs of his/her trip to port of return/home.
The customer must inform the organizer of the contact information where he/she can be reached
before and during the trip.
6. The organizer's right to make minor changes to the travel program
If the organizer cannot follow the agreed itinerary for reasons independent of it, the organizer has the right to change the sailing routes and other parts of the trip, such as the schedule, accommodation and means of transport, or to make other changes to the itinerary that do not fundamentally change the nature of the trip. For example, the prevailing wind conditions affect the choice of sailing routes during the days and journey. Changes must be notified to the customer.
Regardless of the changes referred to above, the customer is obliged to pay the price of the trip and other agreed payments.
7.Additional terms
If the sailing has to be cancelled before it starts for reasons of force majeure, such as due to
overwhelming weather conditions, we will try to find another time for the sailing for the customer or refund the customer's payments.
If sailing is interrupted due to force majeure or other reasons beyond the control of the organizers,
the organizer is not liable for compensation.
Participants must, without exception, follow the instructions of the captain or other crew members
related to safety and working on the boat.
The subscriber/customer must ensure that the participants have sufficient insurance that covers any damages that may occur to the participant himself or to a third party. The organizer is not responsible for the participants and for damages caused by the participant to a third party.
8. Error and error notification
There is an error in the organizer's performance if:
a) the trip does not correspond to what has been agreed or can be considered agreed in terms of
services or other arrangements.
b) the organizer has clearly neglected to provide the customer with information affecting the
execution of the trip and the formation of the contract, such as the applicable conditions or the
content of the trip.
However, changes due to a special nature of sailing trips, such as weather conditions or changes
caused by third party, are not considered errors.
Minor changes or shortcomings in terms of the trip as a whole, which the customer could have
reasonably prepared for based on the destination or the nature of the trip, are also not considered
errors.
A late arrival at the destination, a late start of sailing or an earlier departure to home is also not
considered an error if the change is due to a reason beyond the control of the organizer. It is also not considered an error if the reason for the change is port or airspace congestion, port and air traffic control or authority measures, unexpected weather, reason beyond the control of the transport company (e.g. security risk, an unforeseen shortcoming affecting maritime or aviation safety, or a labour dispute that directly or indirectly affects the organizer's operations) or similar reason.
The customer may not claim an error, unless he/she notifies the organizer of the error within a
reasonable time after he/she noticed the error or should have noticed it. An error that can be
corrected at the destination must be reported to the captain or the organizer's representative at the destination as soon as possible.
9. Error correction and price reduction
The organizer must correct the error without delay at his own expense. However, the organizer may refuse the correction if it would cause unreasonable costs or harm. The customer may refuse the repair if it would cause significant harm to him/her.
If the error has not been corrected without delay at the expense of the organizer or if the error is not repairable, the customer is entitled to a price reduction corresponding to the significance of the error. If the customer does not use the transportation or other services included in the trip or uses them only partially, he is not entitled to a price reduction on this basis.
10. Compensation
The customer has the right to compensation for personal and/or property damage caused to him/her by an error in the organizer's performance, if the error or damage is due to the negligence of the organizer or another business operator used by the organizer to fulfil the contract. In order to be released from liability for compensation, the organizer must prove that there was no negligence on the part of the organizer.
The customer must try to limit the amount of damage to the best of his/her ability. The organizer is not responsible for damage caused by the customer's own fault. Damage compensation can be
mediated if it is unreasonable, taking into account the customer's possible contribution, the
organizer's ability to anticipate and prevent damage and other circumstances.
In the case of damage that occurred during sea transportation, the compensation is determined
based on the regulations or agreements that the organizer and any transport company operating as a subcontractor, apply in their own operations. When determining the organizer's liability for
compensation, the compensation criteria according to the Maritime Act (674/1994) or the
international convention regarding the transport in question are taken into account.
Overwhelming situation
The organizer is not responsible for damage caused by a force majeure or other unforeseeable cause, which the organizer or the business operator used by the organizer could not have prevented even by acting with the utmost care. Such reasons include, for example, acts of war, natural disasters, infectious diseases, strikes and similar events. The organizer must inform the customers immediately of such a force majeure event and strive to act so that the damage suffered by the customer remains as small as possible.
11. Claims for compensation
The notification of the error to the organizer is stipulated in section 13.
Claims for compensation must be presented to the organizer in writing no later than two weeks after the end of the trip, if there is no special reason for extending the appeal period.
12. Disputes
If the organizer and the customer cannot agree on, for example, the interpretation of the contract or the amount of compensation, the customer can bring the dispute to the Helsinki District Court.
aQuablue Charter
Helsinki