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Terms and Conditions

These general terms and conditions for taking part in voyages on the sail training ship La Grace are written in order to prevent possible disagreements later on when dealing with any problems. We are, however, human, so we assume, and I will personally do my best, that we will always reach agreement on the basis of common sense.

1. Introductory provisions

Your participation in a voyage on this private ship is purely private in character. By offering the chance to sail with us we contribute to the development of what is known as 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. Sales are organised in the Czech Republic through an internet reservation system, and abroad through vetted travel agencies (sellers) that arrange accommodation and training on the ship. Responsibility and liability for accommodation and training on the ship rest with the ship's owner, La Grace s.r.o. (hereinafter the operator).

2. Participants

a) A participant is any individual, group, organisation or company that enters into a contractual relationship (an internet reservation and payment of the reservation fee or directly of the deposit for the voyage) with the ship's operator, or indirectly with a partner authorised by the operator to sell (hereinafter the seller). The contractual relationship becomes binding on both parties only once the reservation fee or the deposit for the voyage 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 internet reservation system or through a seller, the prospective participant books a date for accommodation. A reservation is usually possible for 5 working days. Within that time the participant must pay the deposit or the reservation fee. A group is represented by the contractual participant (the group leader). This is the person with whom we will deal on all matters concerning the voyage. That person is obliged to fill in all possible contact details and bears full responsibility for their accuracy. They are also responsible for passing on all information to the other participants listed on the booking form, unless the form expressly states otherwise.

b) A reservation becomes valid and binding on both parties only at the moment the reservation fee or deposit (or the full price of the accommodation) is paid. By giving their agreement, the contractual participant (the group leader) takes on 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 price agreed 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. If the price is 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 stated on the booking form. The price of accommodation does NOT include travel to the point of embarkation and back, food during the stay, or a share of the diesel, water and gas consumed and of the anchoring and marina fees (known as expenses during the voyage). On the spot, participants contribute equally to what is known as the 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 length of the voyage. The purser, together with the captain, is responsible for expenditure from the ship's fund during the voyage up to the amount collected. If the agreed amount is exceeded by the captain, La Grace s.r.o. will cover the remaining expenses. If the 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 a participant orders a voyage directly from the operator by electronic reservation, they will receive a booking form at the e-mail address they gave. A deposit of 50 % of the price of the voyage must be paid no later than 5 working days after receiving the booking form, to account 2811898722/5500. When groups order 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 the reservation fee being paid. If the deposit (or at least the reservation fee) is not paid on time, the organiser may sell the voyage to another interested party.

f) The balance of the accommodation price (the remaining 50 %) must be paid, without any further request for payment, no later than 30 calendar days before the start of the voyage in the case of an individual reservation, and no later than 60 calendar days before the start of the voyage in the case of a group. 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) To obtain the more favourable group price, the group must fill the whole ship, pay the reservation fee in the full amount of 30.000 Kč, pay a deposit of up to 50 % of the price of the ship as a whole and the balance up to 100 % of the price of the ship as a whole, and, where applicable, the flat-rate share of the ship's fund as a whole.

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

i) Without full and timely payment for 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 against injury sustained in that 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 applicable rules of maritime navigation. Any damages will be covered only up to the limits of the insurance policies held 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) The operator has the right, where necessary, to change the agreed conditions of a given voyage. Participants must be informed of such a change without delay. If a participant does not agree with the change, they have the right to say so 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 begins, 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 taken no later than 1 month before the voyage itself. In all the cases above, the participant has the right to a refund up to the maximum amount of the money they paid to the operator. In none of the cases above does the refunded amount include incidental costs paid to a third party, e.g. for travel, accommodation off La Grace, any insurance, food and so on, nor any other harm, e.g. psychological.

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:

  • 1.000kč/person or 30.000Kč/group (the reservation fee) from the moment of 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 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. Nor does the participant pay cancellation fees if they take up an alternative date proposed by the operator in the event of withdrawal from the contract due to a change in price (specified in more detail in para. 4 letter a) of these terms), withdrawal due to a change to the contract (see para. 6), or cancellation of the event (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) If, during the voyage, any participant grossly or repeatedly breaches the Ship's Rules, they may be put off the voyage by the captain at the nearest port. In that case the participant has no entitlement to any refund of the price of the voyage or of other 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 (complaints are made in writing to the captain, immediately on the spot, by an entry in the ship's log),
  • to demand that defects be put right,
  • - 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 2-berth cabins with facilities for Passengers,
  • not to take part in running and operating the ship (with the exception of a direct order from the captain arising from an emergency).

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 so on,
  • - 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,
  • show the captain an identity document and insurance policy (divers must also show the relevant qualification cards),
  • arrange valid travel documents, travel and visas,
  • take out insurance covering medical expenses abroad (cancellation insurance is also recommended),
  • follow the instructions for participants,
  • act so that their conduct contributes 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 are 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.