Terms & Conditions and Privacy Policy

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the www.onestopsailing.co.uk website (the “Service”) operated by One Stop Sailing(“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by One Stop Sailing.

One Stop Sailing has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that One Stop Sailing shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.

Terms and conditions for use of the One Stop Sailing website (http://www.onestopsailing.co.uk). Accessing this website indicates you accept these terms. If you do not accept these terms, do not use this website.
This website is provided by OneStopSailing Ltd. (“One Stop Sailing”) and may be used for informational purposes only. The site is owned and operated by OneStopSailing Ltd. registered in England no 7300678. Registered Office: 141 Mill Hill road, Cowes, Isle of Wight, PO31 7EJ.
One Stop Sailing may modify or amend these terms and conditions at any time. Each time you use the website you acknowledge and signify you have read, understood and agreed to be bound by these Terms and Conditions as they then read.
Use of materials on this website
This site contains text, logos and images that may be protected by copyright or other intellectual property rights as well as trademarks that are proprietary to One Stop Sailing (which may only be used with One Stop Sailing express written permission). Any unlawful or unauthorised use of any of the content on this website may violate copyright, trademark or intellectual property laws.
One Stop Sailing authorises you to view and download information and content on this website for personal, non-commercial use only, provided that you retain all copyrights and other proprietary notices contained in the content. You may not copy or modify the content in any way or reproduce it for public or commercial purpose nor distribute, display any of the contents of the pages.
Breach of these Terms and Conditions
If you breach any provision of these Terms and Conditions you may no longer use the website and you must destroy any downloaded or printed materials from the site. One Stop Sailing may in its discretion refuse permission to access and use the website.
Disclaimer
One Stop Sailing makes no warranties in respect of the content on its site. It assumes no responsibility for the accuracy or reliability of any of the content on this site. The content is only for your general information and use and is provided on an as is and as available basis.
The content is not intended to address your particular requirements and any reliance you place on any material will be at your sole risk. You should not rely on the content in making any specific purchasing decisions and should first take further advice.
The information provided on this website may be out of date and maybe changed or updated without notice. One Stop Sailing does not accept any liability for any error, omission or failure to update such information.
Link to Third Parties
This website may contain links to other third party websites for which One Stop Sailing is not responsible and we do not necessarily endorse the content expressed within them. We cannot guarantee that these links will work all of the time and we have no control over the availability of linked pages.
You do not have to ask permission to link directly to pages hosted on this site. However we do not permit our pages to be loaded into frames on your site, our pages must load into the users’ entire window.
Personal Data
By using this site you are agreeing to the collection and use of your personal information as set out in our Privacy Policy.
Governing Law
This legal notice is governed by and construed in accordance with English law and in the event of any dispute arising in relation to this notice or the website, the courts of England shall have exclusive jurisdiction to settle any dispute.
Tracking Cookies
One Stop Sailing Ltd use tracking cookies on its website. If you don’t wish to comply with this then we ask you to leave the website and contact One Stop Sailing Ltd on 01983 281 228 or webmaster@onestopsailing.com
Contact Details
If you have any queries, complaints or comments relating to the use of this site please contact webmaster@onestopsailing.com
Copyright 2009 One Stop Sailing Ltd. All rights reserved and all moral rights are asserted and reserved.
Please revisit this page from time to time to review any changes that may have been made.
One Stop Sailing Privacy Policy
One Stop Sailing Privacy Policy sets out the information we collect, how we will collect it and what we will use it for. One Stop Sailing Ltd considers the protection of your personal data of upmost importance and complies with the Data Protection Act of 1998 when dealing with all personal information in our possession. We take all reasonable precautions to protect and securely store any personal data provided to us by you.
In order to process your booking and reply to enquiries made to us, we will need to collect personal data from you. This data can include information such as full name, contact address, phone numbers, e-mail address, travel preferences and any special need or requirements that you have. When processing a booking we may also need to take information regarding the other members of your party traveling on the booking. It is your responsibility to ensure that all members of you party are made aware of the contents of our One Stop Sailing Privacy Policy and that they agree to you acting on their behalf in all your dealings with us.
One Stop Sailing Ltd does not record the personal information of individuals who visit our web site. We only obtain personal data when it is directly provided to us by you or your party leader.
We may pass your personal data on to companies and organisations that require this information in order to provide your booking (for example operators, flight suppliers and credit/debit card companies). Occasionally we may use your details such as name and contact details to contact you regarding travel information, offers, deals and competitions we may have. We assume that by providing us with this information you are agreeing to the use of these details in the above ways.
Our web site may contain links to other sites outside our control. It is your responsibility to check the policies held by any of these sites and the security status of these sites.
You have the right to request, in writing, a copy of the data we hold on you and to correct any out of date or inaccurate information.
You have the right to ask us in writing not to receive any forms of direct marketing and to unsubscribe to any marketing. Once properly notified by you, we will take steps not to use your information in this way.
If you do not agree with the One Stop Sailing Privacy policy, unfortunately we will be unable to conduct business with you.

Booking Terms and Conditions

1. Your contract
1.1. These are the Booking Terms and Conditions between you, the person booking the holiday, and One Stop Sailing Ltd, a company registered in England and Wales under Company Number 7300678, whose registered office is at 141 Mill Hill road, Cowes, Isle of Wight, PO31 7EJ.
1.2. Please read these Booking Conditions carefully as they outline our respective rights and obligations.
1.3. When you make a booking, you confirm that you have the authority to accept, and do accept these conditions on your behalf and on behalf of all members of your party and further, if you are making a booking for more than one person, that you are responsible for all payments due from each and every party member for whom you are making a booking. You (or they as the case may be) are also responsible for keeping everyone in the party informed of the booking details and these terms and conditions.
1.4. In these Booking Conditions and our General Booking Information, the use of the words ‘we’, ‘us’ and ‘our’ shall refer to One Stop Sailing Limited and the use of the words ‘you’ and ‘your’ refer to those persons named on the booking.
2. How to make a booking
2.1. We can only accept bookings from UK residents aged 18 years or over and there must be at least one adult (18 years or over) travelling on any one booking.
2.2. In order to make a booking you will need to contact us by telephone or e-mail or by lodging an enquiry request on our website at www.onestopsailing.co.uk. Our telephone number is 01983 281228 and our email addresses is info@onestopsailing.com.
2.3. All bookings made with One Stop Sailing are arranged on an individual basis and designed to fit your requirements.
2.4. All services offered are subject to availability
3. Accuracy of Information
3.1. We take every care to ensure that to the best of our knowledge all of the information that we print or provide in answer to any question is correct at the time of issue. Inevitably changes may occur after the issuing of such information and in this instance we will endeavour to update you as to these changes as soon as possible. We cannot be held responsible if the information should be found to be inaccurate unless requested and answered in writing.
3.2. It is your responsibility to ensure that any information which you give is accurate and that information which is given to you by us or any of our suppliers is passed on to all members of your party.
4. Deposit
4.1. To confirm your booking, a non-refundable deposit of 25% of the total booking cost is payable by cheque (made payable to One Stop Sailing Limited), debit card or credit card. Credit and debit card payments can only be made by telephone.
4.2. Once payment of your deposit has been received in full, we will send you a Confirmation Invoice setting out: (i) the details of your booking; (ii) the amounts paid by you; (iii) the balance that remains payable by you (if any) and the date by which payment of such balance is to be made. Please check this carefully to ensure the details are correct as you may be liable to charges if you wish to make changes at a later date.
4.3. In addition to the deposit used to secure your booking, you may be required to pay a security deposit to the boat owner or charter company or operator when chartering a boat. This security deposit will be used to offset any damage, loss of any equipment on board the yacht or its late return. This sum varies depending upon the size of the yacht and is usually payable on embarkation and will only be returned to you at the end of your charter once any necessary deductions have been made.
4.4. Some suppliers or operators may ask for a security insurance/waiver as an alternative to the security deposit or with a reduced security deposit. We will endeavour to inform you as to the requirements of the operator you will be using. This does not apply to those sailing on yachts or other vessels for courses.
5. Price and Payment
5.1. The full balance of your booking must be paid 10 weeks prior to departure. Any bookings made less than 10 weeks prior to departure will require the full amount to be paid when booking. Please be aware that cheque payments require 7 days to clear.
5.2. It is very important that you pay balances when due because failure to do so may lead to the cancellation of your holiday/flights/charter and still leave you liable to pay cancellation charges.
5.3. All credit/charge card payments are subject to a surcharge.
5.4. You must also ensure that the credit or debit card you are using for this or any other payment is your own (or, subject to our agreement, if it is a third party’s, you have their express authorisation to use their credit or debit card) and that sufficient funds are available to cover the cost of the arrangements which you book with us.
5.5. Once you have made your booking and paid a deposit, we will not increase your holiday price as a result of changes in currency exchange rates. However, prices may be increased or decreased to reflect changes in transport costs (including fuel and air taxes), taxes (including a change to VAT), or fees chargeable for services (including landing taxes and embarkation/disembarkation fees at airports/ports).
5.6. We shall be free to make any change to the price of your Booking if there has been an error in, or omission from the invoice.
5.7. Some operators will offer child discounts. The discount varies depending on the operators conditions so please enquire when making your booking as we may not be able to apply a retrospective discount. Please note that in accordance with Air Navigation Orders, in order to qualify for infant status, an infant must be under 2 years of age on the date of their return flight and not occupy a seat.
6. Departure taxes
6.1. It is not always possible to include all departure taxes on your ticket(s). In some cases departure taxes must be paid by you locally to the Government of the country you are departing from or arriving into and are non-refundable by us.
7. Travel documents, checking and dispatch
7.1. Documents (i.e. invoices/tickets/Insurance policies) will normally be dispatched 7 days before departure to the address that you have given us at the time of booking and you must notify us if this address changes. Once documents leave our offices, we will not be responsible for their loss unless such loss is due to our negligence. If tickets or other documents need to be reissued all costs must be met by you.
7.2. For bookings made within 14 days of departure it may be necessary for you to collect your air tickets at the airport at an extra charge. Any other vouchers will be posted/faxed to you direct. Scheduled airline tickets are sent by Royal Mail first class post. In the event of ticket loss or delay, it will be your responsibility to pay additional expenses incurred by us to arrange and post duplicate tickets. Guaranteed next day delivery can be arranged at additional cost, which can be advised at time of booking. LATE BOOKINGS may also require Special/Courier delivery of documents in which case we will tell you the charges at the time of booking.
8. Insurance
8.1. Insurance is not included in your booking and One Stop Sailing require that you to take out a policy of insurance in order to cover you and your party against the cost of cancellation by you, the cost of assistance (including repatriation) in the event of accident or illness, loss of baggage and money, other expenses and normal travel risks.
8.2. If One Stop Sailing has issued your policy please check it carefully to ensure that all the details are correct and that all relevant information has been provided by you as failure to disclose relevant information will affect your insurance.
9. Special Requests and Medical Conditions
9.1. We will not accept any bookings on the condition of a special request being met and will treat all bookings as standard bookings. If you or any member of your group has any medical problems or disabilities which may affect any components of your booking, please let us know before confirming so that we can advise you as to the suitability of your chosen components. Whilst we will do our best in all cases to pass the request on to the relevant supplier, we cannot guarantee that any or all requests will be met. Unless the request has been confirmed in writing it remains subject to availability.
9.2. Confirmation that a special request has been passed on to the supplier and inclusion of your request on the Conformation Invoice is not conformation that the request will be met. Failure on our part to meet any or all of you special requests will not be a breach on contract on our part.
9.3. If we or the relevant operator reasonably feel unable to properly accommodate the needs of the person concerned, we reserve the right to decline their booking. If we are not made aware of the full details at the time of booking we reserve the right to cancel this booking once we have become aware of them and cancellation charges may be applicable.
10. Cancellations by You
10.1. Should you wish to cancel you booking you must inform us in writing either by post or by e-mail. We cannot confirm cancellations by telephone. The cancellation will be effective from that day the written notice is received by us. The cancellation fee, up to a charge of 100%, plus any addition costs incured by us, will be assessed at the time of cancellation and the lead passenger advised accordingly.
10.2. On receipt of a cancellation notice, the following cancellation charges will be applicable:
Period before departure when change takes place
Charge
More than 70 days
Loss of deposit
69 – 30 days
50%
29 – 0 days
100%
10.3. In the case that the individual cancellation conditions of an independent supplier who you have booked  with through us differ to the above, then you will be required to comply with these terms. Details of the cancellation terms that apply to your booking are available upon request.
11. Cancellations or changes by us
11.1. When receiving a booking we will do our upmost to meet and uphold all aspects of the booking, however, it is inevitable that occasionally changes will need to be made to bookings. Most of these changes will be minor and we will endeavour to inform you of them at the earliest date possible. Some examples of minor changes include change of yacht to one of similar or larger size with the same or greater number of cabins, change of air carrier, change of aircraft type or change of flight time by less than 12 hours. No compensation will be paid for these minor changes.
11.2. If we have to make a major change, for example, an alteration of more than 12 hours to the outbound or inbound flight time or a significant downgrade of accommodation or standard of yacht or a change of departure airport, you will have the following options:
11.2.1. Accepting the change of the arrangements;
11.2.2. Book alternative travel arrangements with us. If it costs less than your original arrangements, we will refund the difference; or
11.2.3. Cancelling with a full refund of all monies paid.
11.3. In the event that we are forced to make a major change we will do our upmost to offer an acceptable alternative. If we are unable to offer an acceptable alternative we may need to cancel your booking, in which case a full and prompt refund of all money paid to us will be made, subject to separate supplier/operator terms . In all cases our liability is limited to the amount received by us for the booking and we are unable to accept responsibility for any other expenses you incur.
11.4. In the event of your yacht not being available on arrival at your destination due to reasons beyond our control, the operator retains the right to substitute a similar yacht or if one is not available provide a hotel until it becomes available.
11.5. No amount is payable to you if your booking is cancelled due to you not paying the balance of your travel arrangements or any other amount which we have notified you of needing to be paid by a particular date.
12. Alterations made by you to your booking
12.1. You or a member of your party may change or cancel your travel arrangements at any time provided that the change or cancellation is made by the lead passenger and is communicated to us in writing. Changes can be made to your booking after the reservation has been made, subject to availability where applicable.
12.2. For any changes made we charge a £50 administration fee plus any additional costs levied on to us by our suppliers. If the change you request reduces or increases the number of passengers travelling on your booking, we reserve the right to re-calculate the total holiday price based on the revised number of persons sharing the accommodation. This recalculation may increase or decrease your total holiday price.
12.3. We will do our best to fulfil any change to booking request, but cannot guarantee that all requests will be met as confirmation and acceptance is subject to individual suppliers.
12.4. PLEASE BE AWARE THAT ANY MATERIAL CHANGES MADE, SUCH AS YOUR DATE OF DEPARTURE, WILL BE TREATED AS A CANCELLATION AND REBOOK. YOU WILL BE LIABLE FOR ANY CHARGES THAT OCCUR DUE TO INCORRECT NAMES BEING GIVEN AT THE TIME OF THE BOOKING.
13. Transfers
Transfers to UK departure destinations are not provided.
14. Scheduled airline failure administration fee
14.1. If you are holding a ticket(s) on an airline which fails due to insolvency and has ceased flying, the money you have paid for your ticket(s) may be lost. As part of the requirements under our ATOL licence issued by the Civil Aviation Authority to protect our customers, we undertake to ensure that, should this happen, our customers receive compensation for their loss to the extent referred to below. In the event of a scheduled airline failure as a result of an insolvent winding-up, prior to commencement of a passenger’s trip, all monies paid by the passenger either as a deposit, or as the case may be, as the price for the scheduled airline ticket(s) will be refunded to the passenger in full. After the passenger’s trip has commenced: the sum equivalent to the price paid for the ticket(s) for such scheduled airline flights forming part of the trip as were cancelled as a direct result of the airline failure will be refunded to the passenger in full. If the trip is curtailed forthwith upon the airline failure, the cost of direct return transportation to the United Kingdom to a similar standard to that originally booked as part of the trip, such return flight commencing at the point of curtailment of the trip as the direct result of the airline failure will be refunded to the passenger in full.
14.2. As a fee for our administering both the claims and/or the repatriation of passengers we will charge each customer a nominal administration fee for this service. This fee forms part of the cost of each airline ticket purchased from us and is not optional.
15. Delays and re-scheduling
15.1. The flight times that you are issued with at the time of booking are given as general guidance only and can be subject to change by the relevant airline carrier. The actual flight timings will be found on the flight ticket which will be issued to you prior to your departure. Please check your flight tickets carefully once you have received them to ensure you have the correct times.
15.2. Please note that it is sometimes possible for your flight arrangements to change or be altered even after your ticket has been dispatched, in which case we will endeavour to let you know as soon as possible if we are informed. We are not liable to any delays which may occur from such change or alteration, therefore any arrangements or compensation in the event of such a delay will be at the sole discretion of the airline you are booked to travel with.
15.3. We have no control in the event of transport delays or re-scheduling. For that reason, the provision of meals or overnight accommodation is entirely at the discretion of the carrier. We have no representation at airports in the UK or overseas and in the case of a cancelled or re-scheduled service the carriers will do their best to book you on the nearest alternative flight. We are unable to offer compensation for travel delays or re-scheduled flights.
15.4. Should there be a cancellation or a technical delay to your outward flight, you must immediately notify us of the situation as failure to do so may result in cancellation fees levied by your accommodation, yacht or service provider.
15.5. If you or any member of your group are for any reason denied boarding on the flight by the aircraft captain, our responsibility for you ceases and we will not be liable to make alternative arrangements for you or refund any money.
16. Changes in Itinerary
16.1. Where there is an itinerary set for the booking, such as for courses and flotilla bookings, the staff supplied by the operator retain the right to make any alteration to the itinerary at any point should they feel that it will be for the benefit or wellbeing of the group. Such changes may occur due to unforeseen circumstances or circumstances beyond their control such as adverse weather conditions, navigational restrictions or other operational difficulties and may mean cancelling a port or ports of call. Should such changes occur it would not entitle you or any member of your group to claim against us or receive any refund. During your booking, should the yacht or vessel you are on suffer any break of machinery which disrupts the booking itinerary for more than 24 hours and no alternative accommodation or vessel has been provided, subject to the operators conditions you may be entitled to a proportional refund.
17. Yacht Chartering Conditions
17.1. When you charter a boat you acknowledge that you or a member of your group has sufficient skill and training in which to operate such vessel and that you and every member of your group will comply with the vessel owner’s separate terms and conditions of charter.
17.2. As with many other activity holidays, sailing does contain an element of risk and as it is your decision to participate, you do so at your own risk. The named skipper on board the yacht is responsible for the safety of the crew and the vessel.
18. Skipper’s / Principals Decisions
18.1. When embarking on a course or Skippered charter, the skipper’s word is final in all situations. From the moment the skipper or instructor steps on board the vessel, in accordance with marine practice, the skipper’s word is always final. Should you or any member of your group disobey the skipper at any point in time, it will be viewed as a breach of contract and the skipper retains the right to do what he considers is in the best interests of the rest of the crew. Should this result in you or that member of the group being put ashore at the first opportunity, we will then no longer hold any responsibility for that person or persons, including any return travel arrangement, expenses or cost incurred as a result of this termination.
19. Passports and visas
19.1. Please ensure that all your travel, passport, visa and insurance documents are in order and that you arrive in plenty of time for checking in at the airport. You may need to confirm your flight with the airline prior to departure.
19.2. One Stop Sailing can only provide general information about the passport and visa requirements for your trip. Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. Neither One Stop Sailing nor any supplier accepts any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
19.3. Requirements may change and you should check for an up-to-date position in good time before booking/departure. We accept no liability if you are refused entry onto the flight or into any country due to failure on your part to carry the correct passport, visa or other documents required by any airline, authority or country.
19.4. USA note: Security and entry requirements have been increased. Please enquire with the US authorities about the requirements which apply to you before you book.
19.5. Most countries now require passports to be valid for at least 6 months after your return date. (Machine readable passport required for travel to USA).
20. Health and disabled travellers
20.1. One Stop Sailing can provide only general information about any health formalities required for your trip and you should check with your own doctor for your specific circumstances. If you have any medical problem or disability which may affect your arrangements, you must advise us in writing before, booking giving full details.
20.2. Recommended innoculations for travel may change at any time and you should consult your doctor on current recommendations before you depart. Health requirements for your holiday destination are outlined in the Department of Health leaflet entitled The Traveller’s Guide to Health (T4), which is available by calling 0800 555 777. It is your responsibility to ensure that you obtain the recommended inoculations, take all recommended medication and follow all medical advice in relation to your trip.
20.3. Regrettably, many overseas destinations do not have even basic facilities required by disabled travellers. If we feel unable to properly accommodate your particular needs, we must reserve the right to decline/cancel your booking.
21. Complaints
21.1. If you have a problem during your travel arrangements, please inform the relevant supplier (e.g. your hotelier), who will endeavour to put things right quickly. It is strongly recommended that you communicate any complaint to the supplier in question without delay and while in your destination. If you fail to follow this procedure we will have been deprived of the opportunity to investigate and rectify your complaint while you were in your destination. This may affect your rights under this contract. If your complaint is not resolved locally, please follow this up within 28 days of your return home in writing to us and giving us your booking reference number and all other relevant information. Please keep your letter concise and to the point, this will assist us to quickly identify your concerns and speed up our response to you.
21.2. If a complaint or other matter of dissatisfaction cannot be resolved and it involves us then it can be referred to the dispute resolution scheme with TTA. Full details will be provided on request.
22. Your Liability
22.1. You are responsible for obtaining valid passports, visas, vaccination certificates, health documents, foreign exchange for personal requirements etc. It is your responsibility to check entry requirements with the Embassy or Consulate of the country you plan to visit. You should also contact your GP in good time before you travel for health advice. You will be solely responsible if failure to obtain such documents results in your being unable to travel or refused entry or in fines, surcharges or other financial penalties being imposed on you and we will have no liability whatsoever to you through your failure to do so. It is also your responsibility to comply with the laws, customs, foreign exchange and the drug regulations of the countries visited.
22.2. When making your booking with us, you accept responsibility for any loss or damage caused by you or any member of your group. Payment for any such loss or damage must be made at the time of the event directly to the operator. If you fail to meet this payment you will be held responsible for meeting any claims subsequently made against us as a result of your actions.
23. Our liability to you and our limitations of liability
23.1. We do not accept responsibility if, any failure of your holiday arrangements, or death or injury:
23.1.1. is not caused by any fault of ours, or our agents or suppliers;
23.1.2. is caused by you;
23.1.3. is caused by someone not connected with your holiday arrangements
23.1.4. is due to unforeseen circumstances which, even with all due care, we or our agents or suppliers could not have anticipated or avoided.
23.2. If we make any payment to you or any member of your party for death, personal injury or illness, you must give us or our insurers the rights you may have to take action against the person or organisation responsible for causing the death, personal injury or illness and you must co-operate fully with us in seeking recovery of any payment we make.
23.3. We will not be liable to you in any circumstances where any failure in the performance of the contract is due to either you or a third party unconnected with the provision of the travel arrangements; where the failure is unforeseeable or unavoidable or unusual circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or where we or our suppliers, even with all due care, could not foresee or forestall.
23.4. Our maximum liability, except in cases involving fraud, death, injury or illness, shall be limited to the cost of your travel arrangements or £5,000, whichever is the lesser amount (not including insurance premiums and amendment charges).
23.5. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage.
23.6. You can ask for copies of the transport companies’ contractual terms, or the international conventions, from our offices.
23.7. Under EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines.
24. Unreasonable behaviour
24.1. We expect you and all members of your booking party to behave in a responsible manner and have consideration for other people whilst on your trip.
24.2. If in our reasonable opinion, or in the reasonable opinion of any other person in authority, you or any member of your group: (i) are unfit to travel; or (ii) behave in such a way that causes or is likely to cause danger, damage to property or upset, distress or harm to a third party:
24.2.1. without prior notice, you may be prevented from travelling and the person or persons concerned will be required to leave the accommodation, yacht or activity as required;
24.2.2. the contract between us and the person or persons concerned will end immediately and there will be no refund for unused travel, accommodation or losses or costs then incurred by such person(s);
24.2.3. neither we nor the operator supplying the activity or vessel will be responsible for that person or persons, including any return travel arrangement, expenses or costs which may subsequently be incurred; and
24.2.4. we will hold members of your party jointly and individually liable for any damage to any property or transport together with legal costs we incur in pursuing the claim and you hereby commit to such liability on behalf of your booking party.
24.3. We cannot be responsible for the actions or behaviour of other passengers/guests who have no connection with your travel arrangements or us.
25. Force majeure
25.1. Force Majeure means unusual or unforeseeable circumstances beyond our control. These can include, but are not restricted to, for example, war, threat of war, riot, civil strife, industrial dispute, epidemics, health risks, flood, unavoidable airline technical delay, closure or congestion of airports, stations or ports, terrorist activity and its consequences, natural or nuclear disaster, fire or adverse weather conditions. We cannot accept liability or pay any compensation in the event that we are forced to cancel or change your booking due to Force Majeure.
26. The 1998 Data Protection Act
26.1. By entering into a contract with One Stop Sailing, you agree to the use and disclosure of information by Us as described.
26.2. Information you provide will be held on the Group’s computers (and in other ways) for use by us and other group companies for the following purposes:
26.2.1. Booking Information: Information about you and the travelling party may be passed to our suppliers and may include things such as religious beliefs, dietary requirements, you or your travelling party’s physical or mental health. This information may also be transferred abroad.
26.2.2. Statistical Analysis/Market Research.
26.2.3. Fraud Prevention/Debt Collection.
26.2.4. Contacting you: We may contact you via e-mail, post or phone with details of the Group or selected suppliers’ products and services which may be of interest to you. We may also monitor and/or record your telephone conversations with the Group for security purposes and staff training.
26.3. In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements, we need to use the information you provide such as name and address, and any special needs/dietary requirements, etc.
26.4. We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to the relevant suppliers of your travel arrangements such as airlines, hotels, transport companies, etc. The information may also be provided to security or credit checking companies, public authorities such as customs and immigration if required by them, or as required by law.
26.5. Additionally, where your holiday is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strong as the legal requirements in this country. We will not, however, pass any information on to any person not responsible for part of your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary or religious requirements. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot provide your booking. In making this booking, you consent to this information being passed on to the relevant persons.
26.6. Full details of our data protection policy are available at [www.onestopsailing.co.uk/legal].
27. Identity of operating carrier
27.1. In accordance with EU Directive (EC) No. 2111/2005, article 9, we are required to bring to your attention the existence of the Community List, which contains details of air carriers that are subject to an operating ban within the EU Community.
27.2. We are also obliged to notify you of the airline to be used in your booking. We do this by way of a list of carriers likely to be used. We will notify you if the carrier changes, either with your tickets or at the boarding gate if required. A change of carrier is not a significant change to your travel arrangements.
28. Governing Law
28.1. These booking terms and conditions are governed by English law and the courts of England and Wales have non-exclusive jurisdiction. Additionally your accommodation booking may also be subject to local laws, customs and sensitivities, which may change from time to time.
29. ATOL Protection
29.1 Many of the flights and flight inclusive holidays on this website are financially protected by the ATOL scheme. But ATOL protection does not apply to all holiday and travel services listed on this website. Please ask us to confirm what protection may apply
to your booking. If you do not receive an ATOL Certificate then the booking will not be ATOL protected. If you do receive an ATOL Certificate but all the parts of your trip are not listed on it, those parts will not be ATOL protected. Please see our booking conditions for information, or for more information about financial protection and the ATOL Certificate go to:www.atol.org.uk/ATOLCertificate
29.2 Many of the flights and flight-inclusive holidays on thsi website are financially protected by the ATOL scheme. But ATOL protection does not apply to all holiday and travel services listed on this website. Please ask us to confirm what protection may apply to your booking. If you do not receive an ATOL Certificate then the booking will not be ATOL protected. If you do receive an ATOL Certificate but all the parts of your trip are not listed on it, those parts will not be ATOL protected. Please see our booking conditions for information, or for more information about financial protection and the ATOL Certificate go to: www.atol.org.uk/ATOLCertificate
29.3 If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you
assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable).You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
29.4 We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an a lternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay an y money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable)