1. CONFIRMATION - The company will not consider the accommodation to be booked until the completed booking form and a deposit of one third of the price have been received by them. Any person who makes a booking for or on behalf of any other passenger or group of passengers warrants and confirms that he has the authority of each such passenger to accept these conditions as passenger agrees to be bound by these conditions. All cheques should be made out to M. MACDONALD or ISLAND CRUISING.
2. CHANGES - The company reserves the right to alter the advertised programme of cruises or holidays in any way which they consider necessary or desirable due to adverse weather or any other conditions. Also if the Company experiences any major changes in cost between the time of booking and the time of departure they reserve the right to change the prices in accordance with any such change in cost.
3. THE COMPANY - gives notice that all arrangements which they make are made on the express condition that they will not be liable for any loss, damage, delay, irregularity, injury or death whatsoever which may arise or be caused either by reason of any defect in vessels or vehicles, through default of any company or persons engaged in conveying passengers or in carrying out the arrangements of the holiday(s) or otherwise in connection therewith: or of any servant or employee or for any failure on the part of the Company or agent to provide any of the facilities normally available or for any other reason. In addition the Company does not accept any responsibility for losses or additional expenses due to delays in changes in air, rail, road, sea or other services, strikes, war, weather or any other cause.
4. CANCELLATION - If, owing to circumstances beyond its control, the Company is unable to provide the vessel or holiday booked or a suitable alternative the Company will refund any monies paid to it in full and the passenger shall have no further claim against the Company in respect of this.
5. REMAINDER OF FEE - The passenger, or in the case of a whole boat booking, the person chartering the vessel is personally responsible for the whole of the fee and the balance must be paid 28 days before the start of the holiday. If the passenger or charterer for any reason requires to cancel his/her booking he/she remains responsible for the whole of the fee. The Company will attempt to resell the accommodation and if successful in this will refund the deposit and any other money paid less any additional costs or insurance through several insurance companies and with regard to the above condition we would strongly recommend this form of insurance. We can help you with this if you wish.
6. MASTER - All decisions regarding the safety of the vessel, its tender and all those on board rest ultimately with the Skipper. The Skipper or the Company may (notwithstanding any booking previously made) refuse to carry any passenger or any luggage on any cruise for any reason relating to the safety of the vessel or the passengers or of any of the other property on board the vessel. If such circumstances should arise, the passenger shall not be entitled to, nor shall he/she receive, any compensation or payment whatsoever except that if a passenger is refused carriage on any cruise the Company shall refund to that passenger any fare paid to the Company in respect of that cruise.
7. INSURANCE COVER - The vessel carries full Marine Insurance for physical injury or accident to any passenger while on board the vessel. The Company is held covered for £3,000,000 in respect of anyone accident.
8. PRIVATE PROPERTY - While the vessels run by the Company are covered by full Marine Insurance for bodily injury or accident to any passengers, the Company does not accept responsibility for loss of or damage to passengers' personal effects, property or valuables whilst on board the vessel or in transit. We would therefore recommend you check your own insurance cover or take out a separate policy to cover the duration of your holiday.
9. SUB-AQUA - The person chartering the vessel shall be fully responsible for providing sufficient diving instructors and/or other competent persons to supervise all diving activities and the use of all diving equipment. If any accident should occur or any person or persons should become injured as a result of diving or the use of any diving equipment the Company and crew shall not be responsible for this in any way. If any of the Company's equipment which is used in diving activities is lost or damaged the charterer shall be liable for the repair or replacement thereof.
10. MISUSE OF DRUGS - Drugs or other unlawful goods or substances are prohibited on board the vessel at all times and ISLAND CRUISING shall not be liable or responsible for any breach of this condition by any of the passengers.
11. UNDER AGE - No unaccompanied children under the age of 16 can be carried. Children under the age of 12 shall only be carried if part of a whole boat charter and then they will be the responsibility of their parents/guardians at all times. No animals will be carried whatsoever.
12. LEGAL ACTION - Any legal action or proceedings arising out of or connected with this contract shall be governed by the Laws of Scotland.
13. SINGLE OCCUPANCY - of a cabin incurs a 20% surcharge.