Terms and Conditions for the use or travel upon that vessel known as “Vigilance”
- Interpretation Section
“Booking”: any booking of a Guest or group of Guests on a Sailing and “Booked” shall be interpreted accordingly.
“Charity”: that community interest organisation known as ‘Friends of the Vigilance’ (company number CEO07219) which is registered as a charity with charity number 1168570.
“Consent”: that written consent required to be given by the parent/guardian of any Guest in accordance with clause C7.
“Contract”: that contract entered into by any Guest with the Charity in respect of one or more Sailings.
“Covid 19”: that illness/disease which is subject of the Coronavirus Act 2000 or any attendant/subsequent regulation which relates to it or, for the purposes of interpretation, any similar flu-like disease or illness which is the subject of governmental regulation.
“Crew”: those members of the crew of the Vessel on any Sailing, all of whom shall have been appointed by or on behalf of the Charity on any Sailing.
“Guests”: those persons who are participating on a Sailing under any Contract entered who by him/her in his/her own name or in any group name of which he/she forms part.
“Illegal Drugs”: any drugs or substances falling within any classification of the Misuse of Drugs Act 2018 or any attendant or subsequent Act or Regulation.
“Instructions”: those instructions, commands or requests given to any Guest by the Skipper or any member of the Crew authorised by the Skipper to do so.
“Prescription Drugs”: any drugs prescribed to a Guest by a doctor or other qualified medical practitioner which, in the reasonable opinion of that Guest (or (once notified to the Skipper) in his opinion) might present any risk to the Vessel, any member of the Crew or other Guest or any other member of the public, before, during or after the Sailing.
“Sailing”: any sailing of the Vessel when Guests are present, whether that be a morning, afternoon, all day or overnight (or longer) Sailing.
“Skipper”: the skipper of the Vessel.
“Vessel”: that former Brixham sailing trawler registered BM76 and known as ‘Vigilance’.
Any reference to the male gender includes the female or other gender.
Any reference to a word in the singular applies equally to words in the plural.
- Basis of the Contract
When a Guest makes or is subject to a Booking there is a Contract and:
B1. the Charity will undertake its obligations in accordance with these terms and conditions;
B2. the Guest shall comply with the Guest obligations in accordance with these terms and conditions; and
B3. During the Contract the other provisions of these terms and conditions shall apply.
- Obligations imposed by the Charity upon and acknowledgments applying to all Guests
C1. The Skipper is in full command of both the Vessel, Crew and Guests at all times.
C2. The Skipper’s decision in any matter or situation is final.
C3. No smoking nor vaping shall be permitted on any part of the Vessel either upon a Sailing or dockside.
C4. No alcohol shall be brought onboard the Vessel without the Skipper’s express permission and, where given, it shall not be consumed without his express consent.
C5. No Illegal Drugs shall be brought onto the Vessel.
C6. No livestock or pets shall be brought onto the Vessel.
C7. Any Guest under 16 years of age must be accompanied by his/her parent/guardian or another adult approved by such parent/guardian by formal Consent.
C8. All Guests shall comply with all Instructions given to them.
C9. All Guests shall wear life jackets at all times after boarding the Vessel as directed by the Skipper.
C10. Where Guests are invited or authorised to assist the Crew with sailing the Vessel or performing any function upon it, they shall do so entirely at their own risk.
C11. No Guest shall have the right to demand that the Vessel returns to harbour prior to the Skipper’s intended timescale save where there is a medical emergency as determined by the Skipper, in his sole discretion.
C12. All guests shall comply with all reasonable requirements made by the Charity in compliance with its obligations under clause D2.
- Obligations of the Charity
D1. The Charity shall, in respect of all Sailings and all times:
- provide a competent Skipper and Crew;
- take proper care of all Guests;
- act properly and reasonably to ensure, as well as they reasonably can, the safety and wellbeing of all Guests;
- ensure that all reasonably appropriate insurances and operating certificates applying to the Vessel are up to date and, where appropriate or required by law, are displayed upon the Vessel;
- provide all Guests with lifejackets and give them appropriate Instruction in respect of lifejackets [and other life-saving equipment kept aboard the Vessel];
- ensure that each member of the Crew complies with the Skipper’s Commands and requirements made of each member;
- ensure that the Skipper acts properly, cautiously and sensibly in determining his orders given to Crew and Instructions given to Guests.
- No Guests shall be required to undertake any tasks before, during or after the Sailing but they may participate as provided by clause C10.
D2. Wherever Covid 19 shall in any way impinge upon a Sailing, then the Charity shall use its reasonable endeavours to apply appropriate compliance with governmental regulation including, but not limited to, the wearing of face masks, the use of hand washing sanitiser/materials and individual temperature checks upon boarding.
D3. Where the Charity cancels a Sailing for any reason prior to leaving harbour, then it shall be obliged to use its reasonable endeavours to agree a reasonably early date for an alternative Sailing with Guests and fees paid shall be repayable by the Charity as provided by clause E3.
- Cancellation of a Sailing or a Booking
E1. Where a Sailing is Booked, it is the Skipper’s sole decision whether the Vessel should leave harbour or not and the provisions of clause D3 shall apply.
E2. The Charity accepts no liability for any delay in or cancellation of Sailing in circumstances where the Skipper, in his absolute discretion, determines to delay or cancel any Sailing on the grounds of safety which shall include (but are not limited to) those relating to:
- the weather; or
- COVID 19 regulations or other health emergency regulations; or
E3. Where a Booking has been made and the Vessel is unfortunately unable to sail for any reason and the Charity is unable to perform the Contract, it shall promptly reimburse any Guests with the full amount paid. Where the Sailing terminates early after leaving harbour in any circumstances no fees paid shall be repayable by the Charity.
E4. Where a Guest cancels, then:
- providing that at least 7 days’ notice in advance is given, a full refund of prepaid Guest fees will be made; but
- where less than 7 days’ notice is given, then that Guest will forfeit their fees paid for their Sailing albeit that Charity must thereafter use its reasonable endeavours to find an alternative person to replace the Guest and , where it shall do so, the fee paid by the Guest in default shall be repaid in full.
E5. Where the Sailing is terminated by the Skipper deciding that the Vessel must return to harbour because of a Guest being under the influence of drugs or alcohol or by becoming very ill whilst at sea that Guest shall be obliged to reimburse the Charity with an amount equivalent to the total fees paid to it by the other Guests who will then be reimbursed by the Charity.