Terms and Conditions
Dm Yachting Terms & Conditions
For bookings made from 30 September 2020
By making a booking, the first-named person on the booking agrees on behalf of all persons detailed on the booking that:
a. he/she has read these Booking Conditions and has the authority to and does agree to be bound by them;
c. he/she is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;
d. he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
1. BOOKING YOUR HOLIDAY
(a) We aim to provide the right holiday to suit your requirements. You can call us on +44 20 37699001 or email email@example.com to discuss or make a booking and provide you with a price per person.
(b) To secure your booking we require a deposit of € 200 per person. Payment can be made by bank transfer or by credit cards (MasterCard, Visa) in favour of Dm Yachting. If for any reason we do not accept your booking, your deposit will be returned.
(c) We will ask you at the time of booking to confirm the number of members in your party and to provide us with the first forename (as shown in each passport), surname, date of birth and nationality of each member.
(d) Special Requests, such as diet, cabin location, master, twin or double-bedded room, a particular facility, which are an important factor in the choice of holiday, should be indicated in writing at the time of booking. The Company will try to arrange for Special Requests to be met, but cannot guarantee that they will be, nor will the Company be liable if any Special Request is not met. The provision of any Special Request does not constitute a term of your contract with us unless we have confirmed in writing that your requirement will be met. The check-in takes place Sunday at 17:00. Should you need to let your luggage before embarkation, it can be arranged. Please ask Dm Yachting for details.
(e) On receipt of your correct deposit we will issue a Confirmation Invoice. A contract will come into existence on the date on which we issue a Confirmation Invoice.
(f) You need to check the details on the Confirmation Invoice, as soon as you get it, as these set out the services we have agreed to provide. In the event of any discrepancy please contact us immediately. If you arrange your holiday direct with the Company, all correspondence and other communications will be sent to the address of the person who made the initial payment unless you specify otherwise. If you request correspondence through a business address, a residential address will also be required for emergency and security reasons.
(g) If your booking is made through a travel agent, the Company will address all communications to that travel agent, who will act as agent for you concerning to all communications from us to you.
(h) Final payment of the cost of your arrangements is due 90 days before departure. If your reservation is made within this period, the entire cost of the trip must be paid at the time of the request to secure confirmation. If it is not paid in time, we reserve the right to treat your booking as cancelled by you, in which case the cancellation charges set out in clause 2 below will become payable.
2. AMENDMENTS & CANCELLATION
(a) Amendments by you
The Company will make every effort to assist you if you wish to alter your arrangements, but it may not always be possible. Requests for an amendment must be in writing, signed by the person who made the initial payment. If you wish to change your arrangements while on your holiday, all costs are payable by you.
Date amendments: Should you wish to amend the date of departure of your trip this will follow the rules outlined in part 2(a) above. The new departure date must be initiated within six months of the original date of departure. If travel commences after six months of the original holiday departure date this will be treated as a cancellation and re-booking and the normal cancellation charges detailed in clause 2(b) will apply.
Transfers of booking
If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:
a. that person is introduced by you and satisfies all the conditions applicable to the holiday;
b. we are notified not less than seven days before departure;
c. you pay any outstanding balance payment, as well as any additional fees, charges or other costs arising from the transfer;
d. the transferee agrees to these booking conditions and all other terms of the contract between us;
You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 2(b) will apply to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
(b) Cancellation by you
All cancellations must be advised in writing, signed by the person who made the initial payment and sent to the Company. Cancellations are effective on the date they are received by the Company. Since we incur costs in cancelling your travel arrangements, the following cancellation charges will be payable, depending upon the number of days before departure the Company receives your notice of cancellation.
Standard cancellation fees per person:
- 91 days before departure or more: loss of deposit;
- 90-61 days before the date of departure: 25% of total holiday cost;
- 60-31 days before the date of departure: 50% of total holiday cost;
- 30 days before departure or fewer: 100% of total holiday cost.
We will deduct the cancellation charge(s) from any monies you have already paid to us.
We strongly recommend that you secure adequate travel insurance as per clause 6 below.
(c) Re-booking following a cancellation
Should you wish to cancel a holiday and re-book an alternative this will be subject to the cancellation terms within these booking conditions. If the alternative booking requires a greater deposit than has already been paid (after deducting cancellation fees) then the balance between what is required as a deposit and any deposits sums already paid becomes due.
(d) Accuracy of information
We check the information which we provide about our holidays very carefully. However, tour, excursion or cruise itineraries may change as a result of local conditions. Circumstances such as these, or weather conditions, may cause some of the amenities we have described to be unavailable or different from those advertised. When we are told of any significant or long-term changes, we will always endeavour to advise you before your departure.
(e) Amendments by the Company
Great care is taken to ensure that the description and prices given in our brochures and on our website are accurate at the time of publication. However, changes can occur, and the Company reserves the right to change any of the details in company literature, including prices, in which case the Company will advise you of any such change before accepting your booking. After a Confirmation Invoice has been issued, the Company makes every effort to operate all holidays as advertised. We plan arrangements a long time in advance of your holiday. In very rare circumstances, the Company may have to modify a holiday before you depart. Most of these changes are insignificant. If we make an insignificant change to your holiday, we will make reasonable efforts to inform you or your travel agent as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of insignificant changes include change of accommodation to another of the same or higher standard and changes of carriers.
Occasionally we may have to make a significant change to your confirmed arrangements. Examples of “significant changes” include the following, when made before departure: a change of destination or a change to a lower standard accommodation, and/or price. If we have to make a significant change we will tell you as soon as possible and if there is time to do so before departure, we will provide you with three alternatives. You may accept the modification, you may change your booking to another available and comparable holiday, or you may cancel and receive a full and prompt refund. If you choose another cheaper holiday, the Company will make the appropriate refund.
You must notify us of your choice within seven days of our offer. If we do not hear from you within seven days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.
IMPORTANT NOTE: We will not pay you compensation in the following circumstances:
a. where we make an insignificant change;
b. where we make a significant change or cancel your arrangements more than 91 days before departure;
c. where we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements;
d. where we have to cancel your arrangements as a result of your failure to make full payment on time;
e. where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;
f. where we are forced to cancel or change your arrangements due to force majeure.
“Force majeure” has the meaning set out in clause 13.
If there is an insignificant change before you depart (that is, any change not included in the definition of a significant change set out above), the Company will try to notify you, although it is not obliged to pay any compensation. lf the Company becomes unable to provide a significant proportion of your holiday after it has commenced, every effort will be made to provide suitable alternative arrangements, which will be made for you at no extra charge to you (save in the case of force majeure) or you will be returned to your point of departure and the company will, where appropriate, pay compensation. No compensation is payable in the case of force majeure.
(g) Cancellation by the Company
We reserve the right in any circumstances to cancel your holiday for any reason, subject to the commitments in clause 2(g). However, we will not cancel your cruise arrangement fewer than 90 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance. If you fail to pay the balance of the holiday price at least 90 days before departure, the Company will treat your booking as cancelled and levy the cancellation charges set out in clause 2(c). If the Company is obliged to cancel your holiday in any other circumstances before departure, the Company will use its best endeavours to offer alternative arrangements of equivalent or very closely similar standard and price, if available; travel arrangements of a lower standard and a refund of the price difference; or will give you a full and prompt refund of all monies paid. Besides, unless the cancellation has been caused by force majeure, failure by you to pay the final balance.
(h) Dm Yachting guaranteed departures
All Cruises are guaranteed to operate with a minimum of two (2) persons.
(a) We reserve the right to alter the prices of any of the holidays shown in our brochure or on our website. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed.
(b) When you make your booking you must pay a deposit, see section 1(b) for relevant deposits. The balance of the price of your travel arrangements must be paid by the date indicated on your confirmation. If the deposit and/or balance is not paid in time, we shall cancel your travel arrangements. If the balance is not paid in time we shall retain your deposit.
(c) The Company is under no obligation to give a breakdown of the costs involved in a holiday.
(d) The Company reserves the right to notify you of an increase in the brochure or advertised price before accepting your booking and prices may go up or down. While we do our utmost to avoid such a scenario, due to human or computer error there may on occasion be an incorrect price shown in a brochure or online. When we become aware of any such error, we will endeavour to notify you at the time of booking (if we are then aware of the mistake) or within seven days of the time of booking, or as soon as reasonably possible. We do have to reserve all our rights in a situation such as this which may include cancelling a holiday if the actual price applicable to the holiday is not acceptable to you. We will of course allow you to amend your holiday with us, if you so wish, to an alternative holiday at the correct price.
4. RESPONSIBILITIES OF THE COMPANY
(a) The Company applies all reasonable checks to ensure that those involved in the preparation and provision of your holiday maintain the appropriate standards.
(b) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, we are responsible for the proper provision of all travel services included in your package, as set out in your Confirmation Invoice. The descriptions, information, and opinions given in our brochures or on the website by the Company in respect of the cruises and other suppliers whose services are used are given in good faith, based on the latest information available at the time of printing. The Company accepts liability for any loss you may suffer if due to fault on our part, or that of our agents or suppliers, any part of the holiday arrangements you book with the Company before your departure is not as described in our brochure, on our website, or itinerary, or not of a reasonable standard and we don’t remedy or resolve your complaint within a reasonable time, and this has affected the enjoyment of your package holiday, in such circumstances you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. The Company limits its liability in respect of these claims to a maximum of three times the holiday cost. Subject to the conditions set out below, the Company also accepts liability if you or any member of your party suffers death or personal injury as a direct result of negligence by the Company or its suppliers. However, these acceptances of liability do not apply if there has been no fault on the part of the Company or its servants, agents, or suppliers, or if the loss, death, or personal injury suffered is attributable to: (i) your acts or omissions; (ii) the acts or omissions of a third party not involved in providing the services which make up your holiday and which were unavoidable and extraordinary; or (iii) force majeure. Besides, where claims do not involve personal injury or death, they are also conditional upon you following the procedures for notification of complaints set out in clause 11, and upon you assigning to the Company any right you may have against any other person whose acts or omissions have given rise to the Company’s liability. Nothing in the above shall limit or exclude the Company’s liability for fraud, or death or personal injury caused by negligence, or to the extent otherwise not permitted by law.
(c) The Company’s liability to compensate you and the amount of such compensation is subject to the following limitations. First, in the case of damage other than death, illness, or personal injury, compensation is restricted to a reasonable amount having regard to such factors as, inter alia, the holiday cost and the extent to which the enjoyment of your holiday can be said to have been affected. Second, if any failure in your holiday arrangements relates to, or if you or any member in your party is killed, injured, or becomes ill during or as a result of carriage by yacht or van, forming part of the holiday arrangements booked with us before you departed from the home country, our liability to pay compensation and/or the amount of compensation we will pay is limited as if we were the carrier under any international convention which governs such services. International Conventions which may apply include: in respect of carriage by sea, the Athens Convention 1974; and in respect of carriage by road the Geneva Convention 1973. The terms of these conventions are incorporated into and form part of your contract with us. You can get copies of the relevant conventions if you ask us for them. You should also note that these conventions may limit or remove the carrier’s liability to you and the amount which the carrier has to pay you. You should also know that the carrier will rely upon its “conditions of carriage” which may limit or remove the carrier’s liability to you and limit compensation under international conventions.
(d) If we make any payment to you or any member of your party for death, personal injury, or illness, you must co-operate fully with us in seeking recovery of any payment we make.
(e) Where you can’t return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. If the circumstances continue beyond a three-night period our responsibility under this clause will cease and you will need to claim upon your travel insurance where you can do so. Please note that the three-night cap does not apply to persons with reduced mobility, pregnant women, or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your holiday. For this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination, or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.
5. YOUR RESPONSIBILITIES
(a) Make yourself travel aware: Before making a booking, please consult the travel advice produced by the government of your home jurisdiction, as well as that of the government who issued the passport and/or visa you intend to travel under. Also ensure you make yourself familiar with the government home country advice on staying safe and healthy on your trip.
(b) It is important that you check the details on your Confirmation Invoice when you receive it. In the event of any discrepancy, you should contact the Company or your travel agent.
(c) General information concerning passport, visa, and health requirements are subject to change and you must check current requirements before departure. You should contact the Embassy or Consulate of Montenegro in good time before you travel if you require a visa. Further information is available from iVisa at ivisacentral.com. You should also contact your medical advisor or a specialist vaccination centre for details of the measures you will need to take before departure. All children should travel on full passports. It is your responsibility to obtain all documents required for your holiday, including passports, visas, and health certificates, to ensure that these are in proper order and to take them with you. We recommend that if you are travelling with a child that does not share your surname, to minimise the possibility of disruption to your travel plans, you travel with documentation that proves your relationship to the child as well as documentation that proves you have permission to travel with them. The Company cannot be held responsible should you or any member of your travelling party be denied entry to a country due to non-compliance with these requirements. Please consult the travel advice produced by the government of your home jurisdiction, as well as that of the government who issued the passport and/or visa you intend to travel under for further details. We will not be liable to make any refund or pay compensation if you or any member of your party is unable to proceed with the holiday as planned because of incorrect or missing personal documents, or any other failure to meet passport, visa or immigration requirements.
(d) Approximately seven days before departure you will receive a pre-arrival letter with information concerning your holiday.
(e) Most people go on holiday for rest and relaxation, so if in our reasonable opinion your behaviour is causing danger, damage to property, or persistently affecting the enjoyment of others, we reserve the right to terminate your holiday. Should this happen no refund or compensation would be paid.
(f) If you lose any personal items while on holiday, please obtain a written report from the police, to help with any insurance claim upon your return.
(g) You are responsible for the costs of any damage to the accommodation and/or any extra charges incurred with our suppliers during your holiday. Should you fail to make such payment at the time the charges and/or costs are incurred, you will be liable to reimburse us for these and you authorise the Company to automatically debit your credit card to the value instructed by the supplier for any such costs and/or charges.
We cannot emphasise enough the importance of purchasing comprehensive travel insurance before date of travel. This insurance should be commensurate to the value of your booking, and cover cancellation and curtailment, all medical expenses including evacuation/repatriation, personal baggage, personal liability, death and permanent disability, and travel document insurance. If you suffer from a disability or medical condition, you should disclose this to insurers. For those who participate in sports and activities while on holiday that have been organised and arranged independently of us, it should be understood that participation is at the individual’s own risk and it is your responsibility to obtain the relevant insurance. Note that special insurance may be required if you intend to scuba dive or undertake any other dangerous or sports activities. Please keep your insurance details with you while on holiday.
Please note that when you book an excursion locally you contract with the local company providing that excursion and not the Company. The Company has no legal liability for anything that goes wrong on such an excursion and any claim which you might have arising out of the excursion will be against the relevant local company and subject to the local company’s terms and conditions. The Company will, at its discretion, offer advice, guidance and assistance if you, or any member of your party, suffer death, illness, or injury arising out of an activity which does not form part of your holiday with the Company, or an excursion arranged locally.
8. DATA PROTECTION
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 your name and address, any special needs/dietary requirements etc. 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 transport companies, harbour master, touristic organization and so on. 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. We will not 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/religious requirements. In making a booking, you consent to this information being passed on to the relevant persons. Please note that where information is also held by your travel agent, this is subject to your agent’s data protection policy. You are entitled to a copy of your information held by us. To see it, please contact the Company during normal working hours.
9. ILLNESS AND DISABILITY
If you or any member of your party suffer from a disability or other medical condition please tell us before you book. Dm Yachting is happy to give you advice and to try to assist you in choosing a holiday that will meet your requirements. To assist you, we must be provided before booking with full written details regarding your medical condition and any special requirements which result from this. An appropriate medical form will be sent to you for this purpose.
10. IF YOU HAVE A PROBLEM
If you are unhappy with any aspect of the Company’s arrangements while you are on holiday, you must address your complaint immediately to the Company’s local representative (or, if none, to the Company by writing at firstname.lastname@example.org) and to the crew or other supplier whose services are involved. They will do their best to rectify the situation. It is unreasonable to take no action while on holiday, but then to write a letter of complaint upon return. If the problem cannot be resolved locally and you wish to complain, full details must be sent to the Company in writing to arrive within 30 days of your return. We will do our best to investigate and reply to you within 28 days of receipt of your letter. Failure to take either of these steps will deny the Company the opportunity to resolve the problem immediately and/or investigate it properly.
In consequence, this may affect your rights under this contract.
11. GOVERNING LAW
This contract and any matters arising from it are governed by the law of Montenegro and are subject to the jurisdiction of the Court of Montenegro.
12. PROMPT ASSISTANCE
If, while you are on holiday, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities, and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance which is not owing to any failure by us, our employees, or sub-contractors, we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees, or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance if the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.
13. FORCE MAJEURE
Except where otherwise expressly stated in these Booking Conditions, we will not be liable or pay you compensation if our contractual obligations to you are affected by “force majeure”. For these Booking Conditions, force majeure means any event beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as pandemic, epidemic and the outbreak of serious disease at the travel destination, or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our concerned’s control.
15. CHILD POLICY
All children under age 18 must be accompanied by an adult.
16. COVID-19 ACKNOWLEDGEMENT
Guest must sign an acknowledgement attesting to their fitness to travel and agreeing to comply with all health protocols as directed by Dm Yachting staff during their journey. Guest may not travel if they test positive for COVID-19 during the 14 days before departure; standard cancellation terms will apply. Guest must maintain adequate physical distancing and frequently wash or sanitize hands during their journey. Masks are required in vehicles, indoor spaces, any outdoor spaces where physical distancing is not possible and by local regulations. Noncompliance with these measures will result in not being able to continue on the journey. Guest voluntarily assumes all risks and related expenses if they or any member of their travelling party require testing, quarantine or become infected with COVID-19.