Terms and Conditions

Data Protection – GDPR, Privacy Statement, Disclaimers and Terminology

Charter Terms and Conditions

‘We’, ‘us’ or ‘our’ means Sea-Change Sailing Trust and/or Sea-Change Projects Ltd.

Agreement

By accessing, using, browsing or booking on this website or any other where we have a presence, eg social media websites, you agree that you have read, understood and agree to be bound by these Terms of Use and you agree to comply with all applicable laws, rules and regulations.

Nothing in this site shall constitute an offer of goods or services.

Changes to Site

Further, we may change this site at any time without notice by adding or removing features or services. This will be without liability to you. We reserve the right to withdraw offers and discounts at any time and at our discretion. Sea-Change Sailing Trust and/or Sea-Change Projects Ltd. do not warrant that the information accessible via this site is accurate and assumes no duty to update such information. The information which we display is derived from a number of sources. We do not accept liability for any errors or omissions.

Law and Jurisdiction

This contract is subject to the law of England and Wales. All disputes arising out of this contract shall be subject to the exclusive jurisdiction of the courts of England and Wales. Those who access the site from other locations are responsible for compliance with their local laws and taxes as applicable. Any disputes not resolved by normal complaints procedure will be resolved exclusively in the courts of England and Wales under English Law.

Data Privacy

Sea-Change Sailing Trust and/or Sea-Change Projects Ltd. have a Data Privacy Notice for all clients. All personal details that you give us are securely stored. We do not supply or sell customers details to any outside organisation. We will endeavour to take all reasonable care, in so far as it is possible to do so, to keep all details of any orders and payments secure, but, in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering.

Conditions of Use – Copyright

You may save and print individual items included on this site. However this must be for your personal, non-commercial use only. You may also send selected individual items to other users of the site or your friends provided that they only use them for their own personal, non-commercial use. Any other onward distribution or further publication is prohibited.

Information Collection and Use

Sea-Change Sailing Trust and/or Sea-Change Projects Ltd are the sole owners of the information collected on this site. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. Sea-Change Sailing Trust and/or Sea-Change Projects Ltd. collect information from you at several different points on our web site.

Cookies

This website makes minimal use of cookies, however your continued presence will indicate your agreement to their use.

Log Files

We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Links

If we have provided links to other sites, these are outside the control of Sea-Change Sailing Trust and/or Sea-Change Projects Ltd. If you click these links, you will leave the Sea-Change Sailing Trust and Sea-Change Projects Ltd. website and enter sites that may have different privacy policies. This privacy statement applies solely to information collected by this website.

Disclaimers

Sea-Change Sailing Trust and/or Sea-Change Projects Ltd. disclaim all warranties, expressed or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose.

In no event shall Sea-Change Sailing Trust and/or Sea-Change Projects Ltd be liable for any damages whatsoever, and in particular Sea-Change Sailing Trust and/or Sea-Change Projects Ltd shall not be liable for special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use arising out of use of this website, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise.

Sea Change Sailing Trust and/or Sea-Change Projects Ltd grant access to the pages contained herein upon condition that the visitor or viewer accepts the jurisdiction of the courts and laws of England to govern matters between us in relation to this web site.

This website may include inaccuracies or typing errors. Changes are made from time to time on this website, and to the information contained within it. Advice received or gleaned from this website should not be relied upon for business, personal, medical, legal or financial decisions and you should ask an appropriate professional for specific advice tailored to your requirements.

Emails

The contents of all emails and any attachments are confidential and intended solely for the persons addressed. If one has come to you in error please reply to advise us and delete it. You should not read it, copy it, show it to anyone else nor make any other use of its content. Steps are taken to ensure emails and attachments are virus free but you should carry out your own checks before opening it or any attachments. Any information or opinion is personal to the sender and not necessarily those of Sea-Change Sailing Trust and/or Sea-Change Projects Ltd. You can opt out of receiving emails at any time.

Sea-Change Projects Ltd. Charter Terms and Conditions

1. The Company will provide the vessel in a well-found condition and professionally crewed. The Charterer will be required to nominate a person responsible for leading the charter and liaising with the Company and ship’s staff. The Charterer will be responsible for the arrival of the group at the appointed time and place, for providing food for the party and crew (usually two or three staff) unless other arrangements are made, and for the internal discipline of the party. In the case of youth groups, the nominated person will be responsible for notifying the Captain of any medical or other conditions affecting the participation by clients, for ensuring that the necessary informed consent has been obtained for involvement in the charter by young people, including the administration of medicines where necessary, and for the proper ratio and ability of accompanying staff who must be cleared with the Criminal Records Bureau.

2. All charters are subject to the weather and the judgement of the Captain as to the safety of the vessel. The intended itinerary or destination of a charter may vary from that stated in the booking or advertised according to the circumstances at the time that the charter takes place.

3. At all times all passengers on board the vessel must comply with the safety procedures of the Company and in all safety matters the decision of the Captain is final and binding upon the Charterer. Equally the judgement of the Captain and the Company shall always be subject to the law, regulations, policies and decisions by the Maritime and Coastguard Agency (MCA), the Department of Transport, HM Customs and Excise, and the relevant port authorities, dock authorities and other Government bodies responsible for regulating the waters, docks, rivers, ports, marinas and quaysides where the vessel operates.

4. Bookings are taken in good faith but may be subject to matters outside the control of the Company, through Government intervention or Act of God. Bookings may be cancelled by the Company if insufficient people book or owing to weather or other circumstances making it impossible for a Charter to take place in the view of the Company.

5. Payment of 25% of the net charter fee is due upon booking by way of a deposit that is non-returnable unless the Company cancels the charter before boarding.

6. An invoice for the gross cost of the Charter will be rendered when the booking is confirmed before the Commencement Date and is due for payment (less the deposit paid) as specified. The Company reserves the right to cancel the Charter upon non-payment of the Invoice by the due date.

7. The gross cost of the Charter will be the agreed charter fee together with any extras. In the event that extra costs are incurred subsequently these will be invoiced in addition to the gross cost and are due for payment at the date of invoice.

8. Once a Charter is booked neither party may cancel the Charter other than as set out in these conditions. Cancellation within 30 days of the charter will result in the customer being liable for 50%, and within 7 days for 100% of the charter fee.

9. The Vessel sails under an Exemption Certificate issued by the MCA and complies with the Standard of Safety for Thames Sailing Barges. Safety and other operational rules, whether written or explained verbally, shall be complied with. In particular, smoking is not permitted below deck, and in the case of youth charters alcohol is not permitted aboard. Only prescribed drugs are permitted.

10. Children and young persons under the age of 18 must normally be accompanied by adult staff unless arrangements have been made for Company staff to act in loco parentis. It is not appropriate to bring people under the age of 10 years.

11. Lifejackets are provided and should be worn on deck at all times by people under 18 years of age, or as directed by the Captain in the light of weather or other conditions by people of any age. Basic waterproofs are provided, but not Wellington boots.

12. The Company will not accept liability for loss or damage to clothes or personal belongings during a charter.

13. The Company will not be liable for any loss or damage suffered by any person during a charter or in consequence of a Charter or booking for a Charter other than as a direct result of negligence for which the Company is liable by law.

14. The party is responsible for maintaining cleanliness in their accommodation and for sharing general cleaning duties so as to leave the vessel as they found it. Any damage will be assessed and charged at replacement cost.

15. The party is covered by insurance taken out by the Company while aboard the vessel or boarding boat. Unless the Company is operating by agreement in loco parentis, the Charterer is responsible for the party while ashore, and is advised to check his insurance for travel and such eventualities.

16. All disputes arising under these terms shall be decided in accordance with the Law of England and Wales.

17. All bookings must be made in writing duly received by the Company with a deposit. In making a booking, the customer accepts the processing of data in accordance with data protection legislation, receiving information about future activities, and the use of images by the Company for publicity purposes.

18. The party should only board and disembark from the vessel under the supervision of the ship`s staff. Occasionally this will include crossing vessels and gangways not owned and operated by the Company, in which case every effort will be made to ensure the safety of passengers but the Company cannot be responsible for the quayside or other vessels, nor for passengers when not under its supervision.

19. The charterer is liable for the cost of rectifying any damage other than normal wear and tear, including the cost of repacking inflatable lifejackets if discharged other than in an emergency.

Definitions Appertaining to Charter Terms and Conditions

“booking”: agreement to a Charter;
“the commencement date”: the date that the Charter is to begin;
“in loco parentis”: where parental authority has been delegated in writing for the duration of the Charter;
“the Company”: Sea-Change Projects Ltd;
“Charter”: term of hire of the vessel of whatever duration including individual sailing bookings for a sailing trip aboard the vessel and static events aboard the vessel.
“Charterer”: any person or company entering into agreement with the Company to Charter the vessel on behalf of themselves or others;
“extra costs”: additional mooring fees, customs charges, harbour dues, locking fees or other similar costs that are charged or increased by the body responsible for charging them after the Company quotes a Charter fee;
“the Invoice”: the invoice for the cost of the Charter rendered before the Charter;
” the invoice date”: the date of the invoice;
“the vessel”: sailing barge Reminder or such other vessel as shall be agreed.