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Terms & Conditions
The Terms and Conditions of MWM Consultancy (Scotland) Ltd. and MWM Consultancy Leasing Ltd. hereafter, either jointly or singly, known as St Hilda Sea Adventures, are stated below. Please note that by booking a place on one of our scheduled holidays/sea adventures or by taking part in any partial or whole-boat charter, you are agreeing to these below terms and conditions.
Liability: St Hilda Sea Adventures gives notice that all arrangements made by us are on the condition that we shall not be liable for any death, injury or damage, loss, delay or irregularity which may be caused by any persons, situations or conditions to you the client, and/or such personal effects. We cannot be held responsible for any mishap to yourself or your personal effects, any losses or additional expense due to the consequences of transport cancellations (e.g. flight, ferry or train), vehicle accidents, strikes, sickness, war, weather, Government or customs or police intervention or other such happenings amounting to Force Majeure. (St Hilda Sea Adventures and its employees are covered by third party liability insurance up to a maximum of £3,000,000). By booking a boat charter you acknowledge that St Hilda Sea Adventures has taken all reasonable steps to safeguard its liability in this regard and that St Hilda Sea Adventures are not responsible in any way for any liability whatsoever to you. Moreover we are not responsible for any liability to you, or your personal effects, whatsoever when you are residing on the vessel; boarding or disembarking the vessel, dinghy or tender; or in transit to and from the shore to the vessel by dinghy or tender; or for you when you, or your personal effects, or any other persons, is/are using, operating, any of the equipment found on the St Hilda, Gemini Explorer or Seahorse II (such as dinghies, tenders, kayaks, paddle board, galley equipment, creels, sails, ropes, halyards, tenders, anchor windlass, winches, heaving lines, chains, mooring lines, blocks, etc, etc). Note that if you bring and use your own equipment such as kayaks, paddleboards, fishing rods, etc, their use and storage will be entirely at your own risk, including their launch and retrieval.
Reservations: are not confirmed until the completed Booking Form and a non-refundable deposit of 30% of the total fee (or as otherwise agreed) has been received. Provisional bookings by phone or e-mail will be held for a period of seven days pending receipt of the completed Booking Form and deposit. Upon receipt by us of your deposit we shall send you a confirmation invoice for the final balance and advise you of the date of payment of the same. This date is 8 weeks before the start of the cruise. If you fail to make the final payment on the due date (8 weeks before the start of the cruise) we will assume that you are cancelling your booking and you will forfeit your initial deposit. Every person making a booking on behalf of a passenger or group of passengers warrants and confirms that he/she has the authority of that passenger and that each such passenger/group agrees to be bound by these Terms and Conditions. Payment will be accepted by: BACS (See booking form) or Cheque (please allow 10 days from postage to clearance and least preferable). Special offers/discounts are only valid at the time of publication and for the designated period. They cannot be applied to any past or future bookings. Bank/payment fees are to be paid by you (the person making the payments).
Note: If you wish to change your booking the company will try to accommodate you but this may not always be possible. If you move to another cruise you will be issued with a new booking form.
Cancellations: must be notified to us in writing by the person who made the booking. If you cancel your holiday:
- More than 63 days prior to the start of your holiday/cruise, you will only be charged your deposit.
- From 63 to 30 days prior to the start of your holiday/cruise, you will be charged 50% of the holiday/cruise cost.
- Less than 30 days prior to the start of your holiday/cruise, you will be charged 100% of the holiday/cruise cost.
Note: We appreciate that wholly unforeseen events may result in cancellation. In view of the above and for your peace of mind we therefore strongly advise you to take out appropriate comprehensive Accident and Cancellation Insurance at the time of your booking.
Cancellation by St Hilda Sea Adventures: If we have insufficient number of passengers and/or owing to circumstances beyond our control, we cannot provide the holiday booked or a rescheduled holiday on any of our vessels, we will refund all money paid to us in full, and you will have no further claim against us. In this instance we are not liable for any personal expenses you may have incurred as a result of your booking such as travel tickets (flight, rail etc.), travel insurance etc.
Coronavirus: If, because of the UK and Scottish Governments' coronavirus regulations, it becomes necessary to reschedule your holiday, any payments you have made to date will be put towards the cost of your new, rescheduled holiday. There will be a difference in price if you choose a shorter or longer rescheduled holiday or, if you choose a different cabin/vessel.
Health: Persons completing the booking form are declaring that they, and all persons on whose behalf they are booking, are in good health and are sufficiently fit, mobile and agile. Any special health conditions or concerns which may affect your or other people's enjoyment of the holiday/cruise must be notified to us in good time prior to the departure/embarkation date. The skipper may refuse to carry any passenger or luggage on any cruise for any cause relating to the safety of the vessel or any property or any other persons on board. In such circumstances the passenger will not be entitled to any compensation or payment whatsoever.
Children: No unaccompanied children under the age of eighteen (18) can be carried. All minors under 18 years of age, no matter what their age, are wholly the responsibility of their parents/guardians at all times.
Animals: No animals will be carried unless with permission.
Drugs and illegal material: No drugs, dangerous and illegal material or other unlawful goods are permitted on board the vessel and the passenger(s) will free and release St Hilda Sea Adventures / Skipper from any liabilities or responsibility arising out of any breach of this condition.
Smoking and vaping: Smoking and vaping are not allowed anywhere inside the vessel. Smoking and vaping is allowed, after discussing with the Skipper, on a designated area on the aft deck using the receptacle provided. Guests should be sensitive to the non-smokers.
Privacy: Your contact and personal details may be kept by us for future mailings and news. You may opt out of receiving e-mails at any time by contacting us. The booking process asks for your address details and phone number which allows us to contact you. Please note that your financial details are never stored by us. We will not pass on or sell your details to any third parties.
It is a fundamental booking condition that you accept that in taking part in this sort of holiday/cruise there is an element of on-tour flexibility. The itineraries stated on our website and literature are indicative only and not a guarantee that a particular route will be followed or place reached. You must acknowledge that delays and alterations and their results, such as inconvenience and discomfort, are possible where unforeseen circumstances arise. St Hilda Sea Adventures, or the skipper, reserve the right at any time to vary the holiday/cruise in any way we consider preferable due to adverse weather or any other conditions, including mechanical breakdown or failure. In case of the vessel not being able to meet any or part of the aforesaid conditions where suitable, St Hilda Sea Adventures will, at their discretion, try and organise shore based activities. Ultimate decisions regarding the safety of the vessel, the sailing conditions, its tender and those onboard, rest with the skipper and/or St Hilda Sea Adventures.