Terms and conditions | Schedar of Leune

Law and Jurisdiction

Your booking will be governed by English law, and the courts of England and Wales shall have exclusive jurisdiction over any claim arising out of it.

How to Book

To request a sailing experience with us, please use the booking process on our website. You will see that each sailing experience starts at 18:00 on a Friday and ends at 18:00 on the following Sunday. Please note that the timings are estimates only. These timings may be affected by operational difficulties including crew welfare and behaviour, weather or sea conditions.

The person making the booking (the ‘lead name’) must be 18 years old or over and possess the legal capacity and authority to make the booking and to accept these terms and conditions on behalf of everyone in your crew.

No contract will exist between us unless and until we confirm your booking.

You will need to pay in full once a booking has been confirmed.

Joining Instructions will be sent or emailed to you approximately 2 weeks before you set sail, and will not be issued unless payment has been received and any bank transfers/cheques have cleared.

We will normally email any documents. We cannot accept any liability for documentation lost in the post.

Personal safety

Your personal safety is of paramount importance to us and therefore it is imperative that you advise us at the time of booking of the ages of your crew and any condition, medical or otherwise, that might affect your crew’s, or other people’s, enjoyment of the sailing experience.

Sailing Qualifications, Safety and Your Obligations

You confirm that all members of your crew are capable and competent to participate in the sailing experience you are booking.

You agree that the details supplied for each crew member are true, accurate, complete and not misleading.

Unless the skipper decides otherwise, your crew will be treated as one. There may be exceptional circumstances where it is possible to single out individual crew members so that the rest of your crew is unaffected by any sanction but the skipper will have to consider safety first and his decision on the matter is final.

The skipper and, if you have one, the mate will command the yacht and it is necessary that you abide by their authority. If they, in their absolute discretion and for whatever reason, consider that a crew is not safe to board the yacht, or to stay on board, they will insist on that crew staying ashore or being put ashore, and you will not challenge their decision.

The skipper and/or mate will give a full yacht safety briefing once your crew is on board and prior to departure.

Night sailing (e.g. sailing outside of daylight hours) and partaking in any race is only permitted with the skipper’s consent.

In the interests of safety, the skipper may order a change to your itinerary, decide whether or not conditions are safe to use the yacht or make a passage, and whether such passage should be under power or sail. You must accept and assist to implement the skipper’s decision as instructed.

Participation Requirements

All crew are expected to satisfy themselves prior to booking that they are competent to sail, keeping in mind in particular that yachts are small, moving environments with steps and sloping floors, and a lot of bumpy water around them.

No prior sailing experience is required.

No unaccompanied minors (those under 18 years of age) can be accepted.

We do not carry lifejackets or foul-weather gear suitable for minors under the age of 14. We do not accept minors under the age of 14 aboard.

Anyone suffering from mobility impairment, illness or disability or undergoing treatment for any physical or medical condition must declare the true nature of such condition at the time of booking and make arrangements for the provision of any medication or other treatment which may be required during your sailing experience.

Equipment and Yacht Insurance Cover

Our insurance policy provides comprehensive and adequate cover for the equipment and yacht, for your skipper, mate and crew, and for third party liabilities relating to the use of the yacht.

We will insure and keep insured the yacht against public liability and marine public liability to a maximum of £5,000,000. Such insurance policy does not cover loss of life (except that caused through our negligence).

We do not insure your personal possessions and we are not responsible for the safety or security of your personal possessions, which you should insure yourself.

We cannot be held responsible for any loss which you may suffer as a result of the insurers refusing cover, including without limitation as a result of you providing incorrect information, or due to your deliberate default or wilful misconduct.

Should damage or loss to the yacht and equipment, or any person, be caused as a result of your deliberate fault, wilful misconduct or avoidable failure to obey the skipper’s or the mate’s instructions, you will be liable for the full amount of repair or replacement and any resulting costs. We make this point because yachts are dynamic environments where sensible behaviour is vital for everyone’s safety and enjoyment of the sailing experience, and because items carried aboard can move around a lot unless properly stowed.

We do not insure against spills and we reserve the right to charge an additional £50 per hour for cleaning the yacht after your sailing experience if, but only if, such cleaning is required because you have not followed the skipper’s or the mate’s instructions regarding stowage of the yacht’s equipment or your personal possessions.

Behaviour

You must accept responsibility for the proper conduct of your crew, and they must accept responsibility for their own conduct. We reserve the right in our absolute discretion to put ashore without further notice, and without liability on our part, any crew:

who refuse to comply with the reasonable instructions or orders of the skipper or mate;
who commit any illegal act during the sailing experience;
whose behaviour is considered by the skipper and/or mate to be disruptive, threatening or abusive or likely to cause distress, damage, danger or annoyance to anyone, whether on the yacht, on another vessel, on pontoons or in marinas.

While we cannot demand particular forms of behaviour while ashore, we ask your crew to show respect to those you meet.

Termination

Should we consider that your crew is likely to commit a serious breach of any of these terms and conditions, if we refuse any crew permission to board or if we put any crew ashore for the reasons set out in these terms and conditions we may terminate your contract immediately. We will not do so if the skipper assesses that an individual crew member or individual crew members can be singled out for sanction.

Such termination shall be without prejudice to any rights and remedies which may have accrued to us prior to the date of or by reason of such breach. We shall, in these circumstances have no liability to you for the unexpired part of your sailing experience and no refund will be made.

Upon such termination our responsibility for your sailing experience will cease and we shall not be liable for any extra costs incurred by you and no refunds or compensation will be paid to you.

We may make a claim against your crew for any costs and expenses incurred as a result of your crew’s mis-behaviour and criminal proceedings may be instigated.

If You Change or Cancel Your Booking

If, after paying for your booking, you wish to change your sailing experience in any way, we will try to facilitate these changes subject to availability. It may not always be possible and will always be at our discretion.

Requests for changes must be sent using the messaging service on our website at least 14 days before your sailing experience is due to commence.

The price of your sailing experience may increase to reflect any changes requested by you. If so, you must pay the additional sum before boarding the yacht.

Where your crew is unable to proceed with the sailing experience, you can transfer the booking to a substitute crew, subject to their completion of our online booking form and their agreement to comply with these terms and conditions. Similarly, you may substitute any crew member at any time before your sailing experience begins on the same basis. Your crew will remain jointly and severally liable with the substitute(s) for any payment.

Any member of your crew may cancel your sailing experience at any time up to 14 days before your sailing experience is due to commence. In that case, we will refund you in full.

If We Change or Cancel Your Booking

Bookings are made many months in advance and it is sometimes unavoidable that changes or cancellations may need to be made, sometimes at very short notice. Reasons may include, but are not limited to, the skipper’s or the mate’s health, damage to the yacht that we cannot repair in time, mechanical failure, adverse weather conditions and sea state. We will always try to work with you to find another date for your sailing experience, but failing that we will refund you in full. We will have no other liability to you.

We strongly recommend that you make no travel arrangement, accommodation booking or other purchase of services or goods that is non-refundable or non-changeable, or that incurs penalties. If you make arrangements or purchases which you are then unable to use due to a change to the date or cancellation of your sailing experience we shall not be liable to you for the cost of those arrangements or purchases. We shall not be liable to you for any administration or travel costs you incur in cancelling services or returning goods in any event.

Force majeure means any event which is beyond our reasonable control, including without limitation war or threat of war, riot, civil strife, industrial dispute, unavoidable technical problems with transport, closure or congestion of airports, actual or threatened terrorist activity and its consequences, natural or nuclear disaster, fire, acts of God, serious adverse weather conditions, flood, epidemic or pandemic illness and all similar events. We are not responsible for or liable to you in the event of a force majeure preventing your sailing experience, but will refund you in full.

If You Have a Complaint

If you have a problem during your sailing experience, you must inform the skipper or mate immediately. If your complaint is not resolved, please follow this up within 14 days of your return home by writing to us using the messaging function on our website, giving all relevant information. We will endeavour to respond to your complaint within 14 days of receipt.

Our Liability, Conditions of Carriage and Limitations

Our obligation is to take reasonable skill and care to administer and provide your sailing experience.

Our liability, except in cases involving death, injury or illness, is limited to a maximum of the price paid for your sailing experience.

We shall have no liability where the cause of any failure on our part is attributable either (a) to a member of your crew or (b) to circumstance beyond our control, the consequences of which could not have been avoided even if all reasonable skill and care had been exercised.

Photography

By accepting these terms and conditions, you agree that any likeness or image of you secured or taken on any of our sailing experiences may be used by us without charge in all media (whether now existing or in the future invented) for bona fide promotional or marketing purposes, including without limitation promotional materials of any kind such as brochures, slides, video shows and the internet.

If you have any strong objections to close up photography of yourself and your party, please indicate your feelings to the photographer at the time.

Sailing Experience Information Documents

If we issue detailed information documents for your sailing experience, these event information documents and all the information contained in them will be deemed to be part of the contract.

Special Requests

We will consider special requests if you make them when you request to book. Attempting them will always be at our discretion. We may need to charge extra to achieve them. Any such charge must be paid before you board the yacht.

What Information Might We Collect About You?

We do our best to keep the information we collect about you to the minimum necessary. We may collect, use, store and transfer different kinds of personal information about you, which we have summarised below:

details about your crew as requested in our booking form;
payment details;
details about payments to and from you and other details of services you have purchased from us;
identification documents;
details about your booking(s) with us;
details from your interactions with us; and
details of your use of our systems.

In some circumstances we may need to collect information from you that is sensitive. For example, we might collect:

data about your health;
information about your religion (for example if you specify a meal preference that indicates a particular religion).

If You Fail to Provide Personal Data

Where we need to collect personal data by law, before entering a contract with you, or under the terms of our contract with you and you fail to provide that data when requested, we may not be able to confirm or perform the contract and will not be obliged to do so.

What Do We Use Your Information for?

Under data protection laws we are allowed to use personal information only if we have a proper reason to do so such as:

to consider forming a contract with you;
to fulfil a contract we have with you;
when it is our legal duty;
when it is in our legitimate interest (or those of a third party) and your interests and fundamental rights do not override those interested;
when you consent to it.

We have set out below a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so:

to manage your booking with us;
to contact you with information about your booking and our support services;
to personalise your sailing experience and improve our service;
to optimise our website;
to improve our services generally;
to conduct research;
to comply with our legal obligations.

Third parties and marketing

We may need to pass your personal information (including sensitive personal information) to regulatory authorities, rescue services or law enforcement agencies.

We will not pass your information to anyone for marketing purposes.

What are your rights?

We want you to feel reassured that you have control of your personal information. With this in mind, we have explained below the rights you have in relation to the personal information we hold about you:

the right to ask us to correct any information you believe is incorrect;
the right to ask us to not to use your information for marketing purposes;
the right to receive a copy of the personal information we hold about you;
in certain circumstances, the right to ask us to stop using your personal information;
in certain circumstances, the right to ask us to erase personal information we hold about you;
the right to lodge a complaint to the Information Commissioner’s Office or the relevant data protection authority where you live.

How Can You Exercise Your Rights?

You can exercise these rights over your personal information by contacting us using the messaging service on our website.

We will comply with your request unless we have a lawful reason not to do so. We may need you to provide additional details to confirm your identity in order to process your request.

Data Security

We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed.

In addition, we limit access to your personal information to those of us who have a business need to know, including for the purpose of providing your sailing experience; they will only process your personal information according to our instructions.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

How Long Do We Keep Your Personal Information for?

We will only keep your personal information for as long as necessary to fulfil the purpose we collected it for, including for the purpose of satisfying any legal, accounting or reporting requirements.

By law we have to keep basic information about booking and our crews for six years for tax and legal purposes.

In some circumstances we may anonymise your personal information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

How to Contact Us Regarding Data

We have appointed a data protection officer (DPO) who is responsible for overseeing questions about personal information. If you have any questions about our use of your personal information, please contact the DPO using the messaging service on our website.

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Change of Purpose

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.

Please note that we may process your personal data without your knowledge or consent where this is required or permitted by law.

Third-party links

Our website includes links to third-party websites. Clicking on those links allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy notices or how they process personal information. When you leave our website, we encourage you to read the privacy notice of every website you visit.

Changes to our privacy notice and your duty to inform us of changes

This version was last updated on 13 November 2023.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal information changes.

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Ship’s phone for urgent and important communications during a sailing experience - 07850535786