The Caribbean Terms & Conditions
Applicable to all Products within the Caribbean 2023/2024 season
These Terms and Conditions apply to any products and/or services in the Caribbean 2023/2024 season purchased from Sea to Sky Sailing Ltd., and govern the contractual relationship between you and Sea to Sky Sailing with respect to any such travel products and/or services (hereinafter, the “Products”). All Sea to Sky Sailing activities are operated by Sea to Sky Sailing Ltd., a Canadian limited liability corporation (“Sea to Sky Sailing”).
Please read these Terms carefully as by booking any Product with Sea to Sky Sailing or by participating in a Sea to Sky Sailing activity you acknowledge that you:
i) have read and understand these Terms, and
ii) indicate your express acceptance of and agree to be bound by these Terms.
If you have confirmed a booking on any Products with more than one client named and booked on such booking, you shall be deemed to have accepted these Terms and Conditions (the “Terms”) on behalf of all clients named in the booking (including minors and those under a disability) and travelling on or otherwise participating in any Products (hereinafter “you”, the “Client(s)”), and by such travel or participation all passengers indicate their assent to these Terms. The client who confirmed the booking is deemed to be the designated contact person for all other clients named in such booking.
1. The Booking Contract
A booking is confirmed and these Terms shall apply when Sea to Sky Sailing, or an authorized agent acting on Sea to Sky Sailing’s behalf, have received the applicable payment from the Client and the Client has received written confirmation from Sea to Sky Sailing of such booking. The Client confirming the booking must be no less than 18 years of age and agrees to provide full, complete and accurate information as requested by Sea to Sky Sailing to confirm such booking. Any Client confirming a booking on any Products with more than one Client named and booked on such booking represents and warrants to Sea to Sky Sailing that:
i) they have all requisite consents and authority to make such booking on behalf of all other Clients named on the booking, and have communicated all necessary information to the other Clients in order for them to give free and fully informed authorization to do so;
ii) the information that they are providing regarding all clients is complete and accurate, and they have obtained all necessary consents and permissions to share such information with Sea to Sky Sailing for the purposes of completing the booking; and
iii) they will inform all other named Clients on the relevant booking of the applicability of these Terms to the booking and the Clients’ relationship with Sea to Sky Sailing.
2. Medical Conditions
Sailing courses and adventures, as offered by Sea to Sky Sailing, by their nature involve visiting remote regions, where medical facilities and care may not be immediately accessible.
Clients are responsible for assessing their own suitability and capability to participate in the Product such Client has booked. All Clients should consult their physician regarding their fitness for sport and travel. Sea to Sky Sailing encourages all Clients to seek their physician’s advice regarding necessary or advisable vaccinations, medical precautions, or other medical concerns regarding the entirety of the Client’s activity with Sea to Sky Sailing. Sea to Sky Sailing does not provide medical advice. Certain Products may not be suitable for all people due to restrictions posed by limitations in mobility, physical or cognitive disability, pregnancy or various other physical or mental conditions. It is the Client’s responsibility to assess the risks and requirements of each Product in light of such Client’s limitations, physical and mental fitness and condition, and any medical requirements or issues of such Client. Sea to Sky Sailing may refuse to carry pregnant women over 24 weeks or Clients with certain conditions, if suitable accommodation or alternate Products or services cannot be arranged.
All Clients are obligated to provide relevant medical information to Sea to Sky Sailing upon booking their Product, and may be required to complete the Sea to Sky Sailing Medical Information form if a Client has any pre-existing medical conditions which may have any impact on the Client’s ability to complete activities included in the Product, the Client’s ability to travel to remote areas removed from medical facilities, or which may have any impact whatsoever on the Client’s ability to travel or the travel experience of others on the Product tour.
That Client must return a Medical Form, duly signed by a licensed, competent and practicing physician, to Sea to Sky Sailing prior to or in conjunction with that Client’s applicable booking.
The Client agrees to complete the medical form honestly, accurately and represents and warrants to Sea to Sky Sailing that they will disclose all relevant medical information accurately and fully. Sea to Sky Sailing will maintain the information in strict confidence, in accordance with the Sea to Sky Sailing Privacy Policy. Sea to Sky Sailing reserves the right to request proof or further information or professional medical opinions in certain instances where it is deemed in the best interests of the Client or necessary for the safe operation of the Products. Sea to Sky Sailing reserves the right to deny any Client permission to travel or participate in a Product where Sea to Sky Sailing, acting reasonably, deems necessary with regard to the health and safety of the booking Client, any other Clients travelling with Sea to Sky Sailing, or Sea to Sky Sailing staff or representatives, and may use information provided in the Medical Form, expert opinions, and other information in formulating such decision. Sea to Sky Sailing will provide a written explanation for any such decision upon request from the Client. In the event the Client has made a booking with Sea to Sky Sailing and subsequently is unable to complete the required medical form for any reason by the deadline indicated above, Sea to Sky Sailing reserves the right to treat such Client’s booking as cancelled, and all applicable cancellation fees shall apply.
3. Special Requirements
Sea to Sky Sailing will endeavour to accommodate the special requests of Clients, including dietary requests, but such requests do not form part of these Terms or the contract between Client and Sea to Sky Sailing and Sea to Sky Sailing is not liable for any failure to accommodate or fulfill such requests.
Client Age Requirements: Clients aged 18 at date of first travel are deemed to be adults. Unless otherwise indicated in the Product description, or otherwise by Sea to Sky Sailing, the minimum age for Clients is 18 years.
4. Insurance
CLIENT ACKNOWLEDGES THAT IT IS MANDATORY TO OBTAIN TRAVEL INSURANCE WITH A MINIMUM MEDICAL, EVACUATION, AND REPATRIATION COVERAGE OF US$200,000 IF THEY ARE PARTICIPATING IN A SEA TO SKY SAILING ACTIVITY THAT TAKES PLACE OUTSIDE OF THEIR HOME COUNTRY. This insurance must cover all applicable dates of any travel with Sea to Sky Sailing and must cover personal injury and emergency medical expenses and include coverage for sailing/yachting. Proof of insurance will be required prior to the first day of each Product.
It is strongly recommended and encouraged that all Client’s also extend their insurance coverage to include cancellation, curtailment, and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Client. The Client acknowledges that the cost of the tour does not include any insurance coverage for the Client, and that the Client is strongly recommended to obtain separate coverage. When obtaining travel insurance the Client must ensure the insurer is aware of the type of travel to be undertaken so that the insurer may properly cover travel on the applicable Sea to Sky Sailing Product.
5. Validity
All dates, itineraries and prices are indicative only and the price quoted at the time of Booking shall be the applicable price, subject to the surcharges that may be levied in accordance these Terms. Changes, revisions, or other amendments may be made to the particulars contained in any Sea to Sky Sailing brochure or on the Sea to Sky Sailing website before a contract is concluded, and such changes, revisions or amendments shall be incorporated herein as of the date of such amendment.
The Client acknowledges that due to the changing nature of travel, they are responsible for keeping up to date on the details of their travel on the Sea to Sky Sailing website, including, but not limited to checking the website at least 72 hours prior to departure to ensure the Client has the most current Trip Details for the relevant Product tour as minor changes may have been made since the confirmation of booking.
6. Client Details Required for Booking
As a condition to valid confirmation of any booking with Sea to Sky Sailing the Client must provide all necessary information as requested by Sea to Sky Sailing along with their final payment. The information required from each Client will vary by Product purchased, and the requirements will be communicated to the Client during the booking process.
7. Flexibility & Unused Services
The Client acknowledges by booking a Product and/or agreeing to sail with Sea to Sky Sailing, that the nature of sailing requires considerable flexibility and acknowledges that they will permit reasonable alterations to the Product and/or itinerary by Sea to Sky Sailing. The Client acknowledges their understanding that the route, schedules, itineraries and amenities may be subject to change without prior notice due to circumstances or events, which may include inclement weather, sickness, mechanical breakdown, incidents in the location where the Product will be operated, strikes, entry or border difficulties and other unpredictable or unforeseeable circumstances which are beyond the reasonable control of Sea to Sky Sailing and that Sea to Sky Sailing is not liable to any Client for such changes or amendments.
Once a Product activity has started, changes to such Product’s itinerary may be necessary or advisable as a result of unforeseen circumstances or other reasons related to effective Product operation, health, safety, Client enjoyment, or Client comfort. Any such changes are at the sole discretion of Sea to Sky Sailing. The Client acknowledges that they must have reasonable financial resources to cover incidental expenses on every Product in which they participate, whether or not they arise from a change in the itinerary or from the travel itself, and that Sea to Sky Sailing shall not be liable for any Client’s failure to prepare adequately for their Product activity and unforeseen circumstances which may arise during such activity. Sea to Sky Sailing will not be liable for any indirect and or consequential losses associated with any changes to a Product’s itinerary.
Sea to Sky Sailing shall not be liable for or pay any discounts or refunds for missed or unused services which were missed or unused by the Client due to no fault of Sea to Sky Sailing, its agents, or representatives, which shall include any termination of the Client’s participation in the tour Product due to the Client’s own fault, negligence or breach of these Terms.
8. Cancellation Policy
Cancellation by the Client:
A Client may cancel their booking by notifying Sea to Sky Sailing directly via email at booking@seatoskysailing.com. The options available shall be determined by the date on which the cancellation email to Sea to Sky Sailing is dated. The fee for changing or canceling a booking is $75.
a) Cancellation received more than 90 days before the first start date of the activity booked: payments made by the Client to Sea to Sky Sailing in respect of the cancelled activity shall be refunded to the Client in full.
b) Cancellation received 60-90 days before the first start date of the activity booked: an amount equal to 50% of the payments made by the Client to Sea to Sky Sailing in respect of the cancelled activity shall be refunded to the Client.
c) Cancellation received less than 60 days before start date of first Product in relevant booking will not be subject to any refund.
Cancellation of a Product by Sea to Sky Sailing:
If an activity is cancelled by Sea to Sky Sailing before the agreed start date for reasons not arising from Force Majeure or the fault or negligence of or within the reasonable control of the Client, the Client shall have the choice of:
(a) accepting from Sea to Sky Sailing a substitute Product of equal value, where such substitute is reasonably available;
or
(b) accepting from Sea to Sky Sailing a substitute Product of lower value if no Product of equal value is reasonably available, and to recover from Sea to Sky Sailing the difference in price between the price of the Product originally purchased and that of the substitute Product;
or
(c) accepting from Sea to Sky Sailing a full refund of all payments made to Sea to Sky Sailing for the cancelled Product(s). Sea to Sky Sailing reserves the right to issue a full refund in lieu of the choices above, in its sole discretion.
If a significant element of the Product(s) cannot be provided after the start date, for reasons not arising from Force Majeure or the fault or negligence of or within the reasonable control of the Client, Sea to Sky Sailing will make suitable alternative arrangements for the continuation of the Product(s). If it is not possible to provide a suitable alternative, Sea to Sky Sailing will provide the Client a refund of unused Products or Product portions.
No compensation will be provided by Sea to Sky Sailing to the Client where the cancellation of a Product is due to Force Majeure.
Sea to Sky Sailing is not responsible for any incidental expenses or consequential losses that the Client may have incurred as a result of the cancelled booking.
9. Client’s Acceptance of Risk
The Client acknowledges that the nature of Product activities is adventurous and may involve a significant amount of risk to Clients’ health and/or safety. There are dangers inherent to sailing generally and Client acknowledges they have considered such risks to health and safety and are willing to assume it, by confirming their booking of such Product. The Client hereby assumes all such risk and does hereby release Sea to Sky Sailing from all claims and causes of action arising from any losses, damages or injuries or death resulting from these risks inherent in sailing, including yacht racing and offshore sailing specifically, visiting foreign destinations, and participating in adventurous activities such as those included in Product itineraries.
The Client acknowledges that the degree and nature of personal risk involved depends on the nature of the Product booked, or the location(s) in which such Product is to operate, and that there may be a significant degree of personal risk involved in participation on the Product, particularly if such Product involves travel to remote locations, participation in “extreme sports” or other high-risk activities. The Client acknowledges she or he has considered the potential risks, dangers and challenges in light of their own personal capabilities and needs, and expressly assumes the risks attendant to their participation under such conditions. The Client must at all times strictly comply with all applicable laws and regulations of all countries and regions visited on the applicable Product activity.
Should the Client fail to comply with the above or commit any illegal act when participating in the Product activity or, if in the opinion of the Sea to Sky Sailing (acting reasonably), the Client’s behaviour is causing or is likely to cause danger, distress or material annoyance to others, Sea to Sky Sailing may terminate that Client’s participation in any Product immediately without any liability on Sea to Sky Sailing’ part and the Client will not be entitled to any refund for unused or missed services or costs incurred resulting from the termination of their participation, including, without limitation, return travel, accommodations, meals, and/or incidentals.
Clients agree that they are responsible for any costs incurred by Sea to Sky Sailing, Sea to Sky Sailing’ suppliers or Sea to Sky Sailing’ partners, as a result of the Client’s negligence, illegal activities, or excess cleaning fees caused or occasioned by the Client while participating in a Product activity.
The Client agrees to take all prudent measures in relation to their own safety while on any Sea to Sky Sailing Product activity, including, but not limited to, the proper use of safety devices such as lifejackets and harnesses, obeying all posted signs and warnings in relation to Client health and safety, and obeying the safety instructions provided by Sea to Sky Sailing staff. Sea to Sky Sailing shall not be liable for any failure on the Client’s part to comply with safety instructions or recommendations of Sea to Sky Sailing.
The Client agrees to bring any complaints regarding a Product to Sea to Sky Sailing as soon as possible in order to provide Sea to Sky Sailing with the opportunity to address such a complaint properly. Client agrees to inform the Sea to Sky Sailing representative at the earliest opportunity. Sea to Sky Sailing assumes no liability for complaints that are not properly brought to the attention of Sea to Sky Sailing with sufficient notice for Sea to Sky Sailing to resolve or attempt to resolve any Client complaints. Any complaint made after the completion of a Product tour must be received in writing by Sea to Sky Sailing within 30 days of the end of the Product activity in question.
10. Liability
Sea to Sky Sailing is not responsible for any damages, expenses, losses, or claims which are attributable to the fault of any Client, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services that form any part of the Product(s), or a force majeure event (as herein defined).
Sea to Sky Sailing shall have no liability for loss, theft of or damage to baggage or personal effects of Clients while participating in a Product activity. Sea to Sky Sailing cannot accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities and vessels used by Sea to Sky Sailing.
In the event that any loss, death, injury or illness is caused by the negligent acts and/or omissions of Sea to Sky Sailing or of the third-party suppliers of any services which form part of the Contract then Sea to Sky Sailing limits its liability as detailed in the Release of Liability & Waiver of Claims Form required to be signed by all Clients participating in Product activities .
Notwithstanding anything to the contrary elsewhere in these Terms, Sea to Sky Sailing shall not in any circumstances be liable to Clients for any loss or anticipated loss of profit, loss of enjoyment, loss of revenue, loss of use, loss of contract or other opportunity nor for any other consequential or indirect loss or damage of a similar nature.
11. Force Majeure
Sea to Sky Sailing shall not be liable in any way to the Client for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for Sea to Sky Sailing failure to commence, perform and/ or complete any duty owed to the Client if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by an Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of Sea to Sky Sailing; or an event which Sea to Sky Sailing or the supplier of services, even with all due care, could not foresee.
12. Images & Marketing
The Client agrees that while participating in any Sea to Sky Sailing Product activity, images, photos or videos may be taken by other Clients and/or Sea to Sky Sailing representatives that may contain or feature the Client in part or in whole. The Client acknowledges that they consent to any such pictures being taken and agree that Client hereby grants a perpetual, royalty-free, worldwide, irrevocable license to Sea to Sky Sailing, its affiliates and assigns, to reproduce for any purpose whatsoever (including marketing and promotions), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation to the Client or compensation payable to such Client.
13. Severability
In the event that any term or condition contained herein is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from these Terms or amended accordingly only to such extent necessary to allow all remaining terms and conditions hereof to survive and continue as binding. If any provision of these Terms is found to be so broad as to be unenforceable, such provision shall be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any other provision.
14. Applicable Law
The Contract and these Terms and Conditions are subject to the laws of British Columbia, Canada and all Clients submit to the exclusive jurisdiction of the courts located in Vancouver, British Columbia, Canada for the resolution of any dispute under these Terms or concerning a Product.
15. Amendments
Sea to Sky Sailing reserves the right to update and/or alter these Terms at anytime, and shall provide the amended Terms directly to Clients via email. Any such amendment shall take effect 5 days following the send date of the email. The latest Terms, as amended, may be accessed any time on Sea to Sky Sailing’s website, or will be sent to Client upon their written request to Sea to Sky Sailing. Clients shall be deemed to have accepted any amendments to these Terms on the date that is 5 days after the email send date. Sea to Sky Sailing recommends that all Clients refer to the Terms prior to their Product activity to familiarize themselves with the most up-to-date version.
