General terms and conditions for participation in voyages of the sail training ship La Grace

These general terms and conditions are written in order to prevent any later disagreements when solving possible problems. We are only human, however, and so we assume - and we will personally do our best to make sure - that we will always come to an agreement based on common sense!

1. Introductory provisions

Your participation in a voyage on this private vessel is of a purely private nature. By offering the possibility of sailing with us, we contribute to the development of so-called individual tourism. We are not a travel agency. The subject of the agreement between the voyage participant and the ship's owner is accommodation in cabins or berths and training on board La Grace. The sales system is organised in the Czech Republic through an online reservation system and, abroad, through vetted travel agencies (sellers) which arrange the accommodation and the training on board. The accommodation and training on board are the responsibility of, and are guaranteed by, the ship's owner - the company La Grace s.r.o. (hereinafter the operator).

2. Participants

a) Every individual, group, organisation or company becomes a participant by entering into a contractual relationship (an online reservation and payment of the reservation fee, or directly of the voyage deposit) with the ship's operator, or indirectly with a partner authorised by the operator to sell (hereinafter the seller). The contractual relationship becomes binding for both parties only once the reservation fee or the voyage deposit has been paid, whereby the individual, group or organisation confirms their agreement with the general terms and conditions of La Grace s.r.o. and their consent to the processing of personal data.

b) There is no upper age limit for participants.

c) A participant aged between 15 and 18 may take part on their own only with the written consent of their parents or their legal guardian.

d) Children under 15 may take part in a voyage only when accompanied by at least one parent or legal guardian. Parents bear full responsibility for their children.

e) It is assumed that the participant is in good physical and mental health. If that is not the case, we recommend that participants consult their doctor in advance. In this respect everyone is responsible for their own state of health. Every participant is obliged to inform the captain about their state of health (details that may affect the course of the voyage), on the spot before the voyage begins.

3. Formation of the contractual relationship:

a) Through the online reservation system, or through a seller, the future participant books a date for accommodation. A reservation is usually possible for a period of 5 working days. During this time the participant must pay a deposit or a reservation fee. A group is represented by the contractual participant (the so-called group leader). This is the person with whom we will deal regarding all matters concerning the voyage. This person is obliged to fill in all possible contact details and bears full responsibility for their accuracy. They are further responsible for passing on all information to the other participants listed on the booking form, unless the booking form expressly states otherwise.

b) The reservation becomes valid and binding for both parties only at the moment the reservation fee or the deposit (or the full price of the accommodation) is paid. By giving their consent, the contractual participant (group leader) assumes responsibility for the contractual obligations arising from the reservation and from the general terms and conditions of participation in the voyage.

c) By agreeing to these General Terms and Conditions you also give your consent to the processing of your personal data and to the ship's rules. Both are an integral part of the General Terms and Conditions for participation in voyages.

4. Price of chartering the ship

a) The price of accommodation is always a contractual price between the participant and the operator. The operator reserves the right to increase the charter price of the ship compared with the previous season by up to 5% of the original amount. Should the price be increased by more than 5%, the participant has the right to withdraw from the contract without the cancellation terms set out in this contract applying.

b) The price includes accommodation in cabins or berths on board La Grace and any use of the ship's equipment expressly listed on the booking form. The price of accommodation does NOT include travel to and from the place of embarkation, food during the stay, or a share in the diesel, water and gas consumed and in mooring and marina fees (so-called expenses during the voyage). On the spot, participants contribute equal shares to the so-called ship's fund, the amount of which is set in advance on the basis of the captain's estimate arising from the area, the plan and the duration of the voyage. The purser, in cooperation with the captain, is responsible for the expenditure from the ship's fund during the voyage up to the amount collected. Should the agreed amount be exceeded on the captain's side, the remaining expenses will be paid by La Grace s.r.o. Should the voyage participants have higher demands, the ship's fund will be increased by those expenses.

c) No compensation or discount is provided for the use of the ship's equipment that is part of the booking form and that the participant fails to use through their own fault.

d) If a participant signs up with one of the sellers, the seller is obliged to present them with these general terms and conditions, the completed original of the paper booking form and confirmation of payment of the 50% deposit of the accommodation price (and later of the balance).

e) If the participant orders the voyage directly from the operator by means of an electronic reservation, they will receive a booking form at the e-mail address they gave. A deposit of 50% of the voyage price must be paid no later than within the following 5 working days from receiving the booking form to account 2811898722/5500. When a group orders a voyage, it is possible (by agreement with the operator) to pay only the reservation fee, which is 30.000 Kč/ship (1000 Kč/person). The deposit of up to 50% of the price must then be paid within 1 month of paying the reservation fee. If the deposit (or at least the reservation fee) is not paid on time, the organiser may sell the voyage to another applicant.

f) The balance of the accommodation price (the remaining 50%) must be paid - NOTE, with no further request for payment! - no later than 30 calendar days before the start of the voyage in the case of an individual reservation, and in the case of a group no later than 60 calendar days before the start of the voyage. If this second part of the price is not paid by the stated date, the operator may withdraw from the agreed accommodation and require the participant to cover costs in the amount of the deposit paid.

g) In order to obtain a more favourably priced group voyage, the conditions are that the group fills the whole ship, that the reservation fee is paid in full at 30.000 Kč, and that the deposit of up to 50% of the price of the ship is paid for the ship as a whole and the balance up to 100% of the price for the ship as a whole, as well as any flat-rate part of the ship's fund for the ship as a whole.

h) If the accommodation is paid for less than 45 days before it starts, the whole amount is due immediately, that is, the 50% deposit together with the 50% balance. With bank transfers you often have to allow for a possibly long time before the amount appears in the recipient's account. That is why, especially for departure dates that are close, we recommend making the payment well in advance or, by agreement, in cash.

i) Without full and timely payment for the accommodation, no services will be provided to participants.

j) Every participant is obliged to arrange their own travel and the relevant visas. Neither the operator nor the ship's captain is responsible for this.

k) When reserving and paying for the whole ship, it is necessary to ensure the running of the ship with a sufficient number of cadets (min. 8 people). Should your entire group wish to sail as guests, we are able to arrange a crew of cadets for you. However, the bow cabin, which has a capacity of 8 people, must be left free for them. So when paying for the whole ship, you have a maximum of 21 places at your disposal.

5. The course of the voyage

a) All participants are obliged to hold valid insurance covering medical expenses abroad for the entire duration of their stay.

b) If participants intend to dive, they must hold the relevant diving qualification and valid insurance covering injuries arising from this sport. In this respect every participant dives at their own risk and bears full responsibility for their actions!

c) When boarding the ship, participants must show the captain a passport or an identity card (in accordance with the valid regulations of the given country), and where applicable further certificates and insurance policies. The passport or identity card then remains with the captain during the voyage, in case of a check by the local authorities or the loss of the ship.

d) All liability of the ship's operator and the ship's captain towards participants arises solely from the generally valid rules of maritime navigation. Any damage will be covered only up to the limits of the insurance policies taken out by the contracting parties.

Every participant acknowledges that they travel at their own risk!

e) Any more serious objections or complaints about the course or the conditions of the voyage must be made in writing (as an entry in the ship's log) on the spot - to the ship's captain. Later complaints cannot be accepted. All claims for any compensation are limited by the price of the accommodation.

f) The participant is personally responsible for complying with all the laws and rules of the country to which they travel. This concerns mainly the fulfilment of customs, currency, passport, visa, health and similar obligations.

g) Travelling with dogs or other pets is not permitted (apart from minor exceptions agreed in advance)!

6. Changes to the contract by the operator

a) In cases of necessity, the operator has the right to make a change in the agreed conditions of a given voyage. The operator must inform participants of such a change without delay. If the participant does not agree with the change, they have the right to respond within 5 days and the right to cancel the trip (see Cancellation terms)

b) A change of the crew-change location is not considered a change to the contract by the operator. The reason for changing the crew-change location is above all force majeure (a situation the operator cannot influence), i.e. a dangerous political situation or a pandemic in the given country, but also bad weather, the impossibility of anchoring safely, or the impossibility of reserving a suitable and safe harbour. Every voyage participant is obliged to verify the crew-change location with the ship's captain no later than on the day of the crew change; the captain will give them the necessary information, and participants will then travel to or from the new crew-change location at their own expense.

7. Cancellation of a voyage by the operator

The operator has the right to cancel a voyage at any time before it starts, in particular for the following reasons:

• force majeure, i.e. e.g. in very bad weather conditions, a change in the political situation in the destination country, the declaration of a state of war or a state of emergency, or a pandemic in the given country,
• major damage to or destruction of the booked ship on one of the previous dates,
• in a special case, e.g. if any other conditions arise under which the safety of the participants or of the ship could be endangered (e.g. serious illness of anyone from the permanent crew). In such cases the operator will offer participants an alternative solution. For example a change of date, of destination and the like. Should no agreement be reached (the voyage being impossible to carry out), the operator has the right to keep 50% of the total price of the voyage to cover the loss of its expenses. The rest of the amount collected will be returned by the operator to the participant.
• the impossibility of filling the ship above the profitability threshold. In such a case the operator will offer participants an alternative solution. E.g.: another date, another ship (if that is possible), a discount and the like. Should no agreement be reached when the booked voyage is cancelled because it is not profitable, the operator will return the entire amount paid so far to the participant.

The decision to cancel a voyage will always depend on how full the ship is, and will be made no later than 1 month before the voyage itself. In all the cases listed above the participant is entitled to a refund of up to the maximum amount of money they paid to the operator. In none of the cases listed above are incidental costs paid to a third party included in the refunded amount. E.g.: for travel, accommodation off La Grace, any insurance, food and the like, nor any other harm, e.g. psychological harm.

8. Cancellation of the contract by the participant (cancellation terms)

a) At any time before the voyage begins, the participant has the right to withdraw from participation by written notice to the seller with whom they booked the accommodation, or to the operator. The cancellation takes effect at the moment this notice is delivered to the operator.

b) On withdrawing, the participant is obliged to pay the operator a cancellation fee in the amount of:

1.000 Kč/person or 30.000 Kč/group (the reservation fee) from the moment of the reservation,

+ 50% of the total price at more than 60 days before the start of the voyage (groups), 30 days before the start of the voyage for individuals.

100% of the total price at less than 60 days before the start of the voyage (groups), 30 days before the start of the voyage for individuals.

If a participant fails to join the voyage without giving a reason to the operator or the ship's captain, it is deemed that the participant is cancelling their participation.

c) The participant does not pay cancellation fees if they send a substitute in their place.

The participant does not pay cancellation fees if they make use of an alternative date proposed by the operator in the event that the contract is withdrawn from because of a change in price (this is specified in more detail in para. 4 letter a) of these terms), or that it is withdrawn from because of a change to the contract (see para. 6), or if the event is cancelled (see para. 7 of these terms).

d) Participants may take out insurance in case of withdrawal for other serious reasons. In the event of withdrawal from participation under these conditions, the insurance company will pay the cancellation fee for the participant.

e) If any participant interrupts the voyage for any reason after it has begun, no entitlement to a refund of the amount already paid arises.

f) Should any participant seriously or repeatedly break the "Ship's Rules" during the voyage, the captain may exclude them from the voyage at the nearest port. In such a case that participant has no entitlement to any refund of the voyage price or of the further costs arising from its early termination.

9. Rights and obligations of the participant

All participants have the right:

- to be informed without delay of any changes to the programme, the conditions and the price of the accommodation,

- to complain about any serious defects in the services provided

(a complaint is made in writing to the captain - immediately on the spot as an entry in the ship's log),

- to demand that defects be remedied,

- to cancel their participation in the voyage at any time,

- to take part in the training.

A participant in the Passenger category has the right:

- to accommodation in twin cabins with facilities for Passengers,

- not to take part in ensuring the running and operation of the ship (the exception being a direct order from the captain arising from an emergency situation).

A participant in the Cadet category has the right, but at the same time also the obligation:

- to accommodation in the cadet quarters,

- to take part, according to their physical abilities, in fully ensuring the running and operation of the ship; on a normal voyage approx. 8 hours a day.

The contractual participant is obliged:

- to inform all the participants they represent truthfully about the ship, the voyage, the general terms and conditions and the like.

- to inform all the participants they represent without delay about any changes to the voyage.

- to cooperate with the Operator.

All participants are obliged to:

- pay the operator the agreed price,

- present the captain with an identity document and proof of insurance (divers must also present the relevant qualification certificates),

- obtain valid travel documents, transport and visas,

- take out insurance covering medical expenses abroad (cancellation insurance is also recommended),

- follow the instructions for participants,

- act in such a way as to contribute as much as possible to the successful course of the voyage,

- behave so as not to be in conflict with the laws of the country visited, the laws of the Czech Republic and the flag under which the ship sails.

- observe the Ship's Rules, which form an integral part of these General Terms and Conditions for participation in voyages.

10. Transitional and final provisions

These Terms and Conditions come into force on 20.5.2020 and are valid until further notice. The validity of these terms may be modified in writing by agreement between the participant and the operator.