BOOKING TERMS & CONDITIONS AND RELEASE OF WAIVER & LIABILITY
World Sea Explorers, a Norwegian limited company, sells products and services related to the maritime and tourism sectors such as maritime leisure activities, yacht charters, tourism experiences, and other things that naturally coincide with this to clients throughout the world. World Sea Explorers is referred to in this agreement as “WSE,” “we,” “us,” or “owner”. The terms and conditions set forth below constitute the entire understanding and agreement between you the trip participant (“participant,” “you,” “charterer” or “I”) and World Sea Explorers, with respect to any and all bookings, trips or transactions made with us. By acknowledging and submitting this Booking Terms and Conditions, and Release and Waiver of Liability, you acknowledge that you agree and accept all terms and conditions in this agreement and direct us to perform services on your behalf. All persons included in your booking are bound by this agreement.
The following are World Sea Explorers’ booking terms and conditions. By requesting confirmation of a booking, you agree to be bound by the terms and conditions and to release the waiver & liability as described in this document.
1. BOOKINGS AND PAYMENTS
Book online on our website, or contact our office to find out if the desired date/time is available for the tour or charter. If you book 60 days or more in advance of the departure date, a 6% deposit or Advanced Provisioning Allowance (APA) of 35% is due at the time of booking. The booking is only binding upon us once the booking terms & conditions and release of waiver & liability is accepted, and the final amount of the charter/tour has been paid within 48 hours (for hourly charters/tours) or 336 hours (for multi-day charters/tours) of the charter/tour date. For multi-day charters/tours, if you book between 15 to 60 days in advance of the charter/tour date, there is no deposit and the full amount is due at the time of booking. For hourly charters/tours, if you book within 48 to 336 hours in advance of the charter/tour date, there is no deposit and the full amount is due at the time of booking. If you have a last minute request for booking, please contact our office directly. If the payments are not made by the due dates, WSE reserves the right to cancel the booking, withhold the deposit, and demand a cancellation fee according to the cancellation rules in Section 2.
We fully understand that you may cancel due to inconvenient circumstances. Due to the nature of our business, however, this means direct loss for us if this is not done well in advance.
For public day tours, you will receive a full refund or credit with 24 hours notice of cancellation. You will also receive a full refund or credit in case of a cancellation due to weather or other unforeseen circumstances. No-shows will be charged the full price.
For multi-day charters and private hourly charters, cancellations made less than 14 days of the trip start date are not refundable. A NOK 1,000 administrative fee will be charged if rescheduling the date of reservation within 14 days of the trip. Charges will be applied to the responsible party at the time of deposit. Cancellations or changes to a reservation must be sent by email. Cancellations or change requests are entered into effect based on the date that the email is received and that WSE has replied to confirm the cancellation or change. 50% of the total trip cost is refundable if a cancellation is made 15 days in advance or more prior to the start date of the trip, or can be rescheduled to a later date at no additional charge. You are highly encouraged to purchase personal travel insurance for trip cancellation coverage.
3. WORLD SEA EXPLORER’S RIGHT TO CANCEL, CHANGE OR DELAY THE ITINERARY
This is an excursion to remote parts of the country and we reserve the right to change or cancel the itinerary due to Force Majeure. Force Majeure is defined as any cause attributed to acts of God, accidents, natural disaster, weather or other occurrences beyond the reasonable control of WSE, and not caused by WSE’s negligence. No warranty is made as to the suitability of weather with respect to this charter. If a storm threatens or is forecast to threaten the expected location of the charter, as determined by the Captain in his/her sole discretion, the Captain shall have the option of terminating or cancelling the charter any time that he/she deems necessary. No refund is provided for cancellation due to Force Majeure during the trip.
WSE may for any reason change the time of departure or conclusion of the tour, the scheduled point of departure for the tour, omit or change any scheduled stop on the tour or change the scheduled place of conclusion for the tour whether before or after the tour has departed, without prior notice to you. You will have no right to any refund and WSE will have no obligation to you or be liable for any loss, consequential damages, expenses, loss of time or enjoyment or inconvenience in respect of such changes. WSE reserves the right to cancel any tour prior to departure in which case any payment made by you will be refunded in full and you will not be entitled to make any further claim for compensation or damages, for any loss, consequential damage, expenses, loss of time or inconvenience which may result from such cancellation.
The vessel rental is based on time charter and includes crew, harbor fees and fuel. For pickup / delivery elsewhere than in Svolvær (for Lofoten tours) or Kaldfjord (for Tromsø tours), please include the price for empty driving. The hourly rate is calculated from the time the boat is booked, minimum 3 hours, and until the last guest is on land.
The vessel rental is based on a daily rate and includes up to 12 hours of sailing per day, featured amenities, coffee, tea, water, cookies, fruit, traditional dishes, and all boat related expenses. Alcohol & soft drinks are available onboard and must be paid prior to disembarking. For pickup / delivery elsewhere than in Svolvær (for Lofoten tours) or Kaldfjord (for Tromsø tours), please include the price for empty driving. The daily rate is calculated from the time the boat is booked, with a minimum of 2 days and maximum of 7 days.
VIP LUXURY CHARTERS
The vessel rental is based on a daily rate which includes the rental of the vessel and crew, plus an Advanced Provisioning Allowance (A.P.A). The A.P.A includes all the day-to-day operating expenses that is tailored to your preferences such as food, drinks, fuel, port fees, cruising itineraries, and other special requests. For pickup / delivery elsewhere than in Svolvær (for Lofoten tours) or Kaldfjord (for Tromsø tours), please include the price for empty driving. The daily rate is calculated from the time the boat is booked, with a minimum of 2 days and maximum of 7 days. The the APA is calculated as a percentage of the charter fee.
5. OPERATING COSTS FOR VIP LUXURY CHARTERS
The Charterer shall be responsible for all the operating costs, including but not limited to, transport, fuel for the yacht, fuel for tender boats, all food and beverage of the Charter party, berthing dues, harbor charges, taxes, and water disposal. Having paid the Advance Provisioning Allowance (A.P.A.), as required by this Agreement, the Charterer shall be advised by the Operations Manager, at intervals, as to the disbursement of the A.P.A. and shall, if the balance remaining becomes insufficient, in the light of current expenditure, pay to the Operations Manager a sufficient sum to maintain an adequate credit balance. Prior to disembarkation at the end of the Charter Period, the Operations Manager shall present to the Charterer a detailed account of expenditure with as many supporting receipts as possible, and the Charterer shall pay to the Operations Manager the balance of the expenses, or the Operations Manager shall repay to the Charterer any balance overpaid, as the case may be. Payment for special requirements or equipment, shore transport or excursions or any other expenses not customarily considered part of the Yacht's operating costs may be required to be paid via the account in advance or to the Operations Manager on boarding in addition to the A.P.A. Unless specific alternative arrangements have been made in writing, in advance, all payments for operating costs etc. shall be payable in the same currency as the Charter Fee. The Charterer should ensure that they carry sufficient cash to cover all reasonably foreseeable expenses or arrange to deposit additional funds with the Owner.
Our vessel has reserved docking at Svolvær Harbor and Kaldfjord Brygge. In the case of boarding or landing elsewhere, this will normally be possible. However, we will not bear an economic loss if it appears that the selected pier at call is not physically available or safe due to pier infrastructure, other boats, difficult weather, wind or ice conditions. Port charges may be incurred at these piers, which will be charged to the customer.
7. CHARTERER AND PARTICIPANT OBLIGATIONS
a) I agree to comply with all seagoing rules and regulations currently in force and to obey the reasonable requests of the Captain.
b) It is your responsibility to be ready to leave at the departure city at the specified day and time. We are not responsible for any losses due to cancelled or missed flights, changed flight itineraries, late arrivals, or early departures.
c) It is my responsibility to strictly complying with all local laws, respecting customs and culture, adequately assessing my abilities, respecting other participants’ privacy, and if on a guided trip following the suggestions and advice of the guide.
d) I agree to do nothing to interfere with the re-delivery of the Yacht on the date and time as agreed between the parties. If the Charterer interferes with the re-delivery of the Yacht as aforesaid, they shall be liable for the sum twice the pro rata Charter Fee for every day or part thereof by which redelivery is delayed.
e) I agree to take all reasonable care of the Yacht and its equipment.
f) I ensure that any bonded stores or other merchandise which may already be aboard the Yacht, or may be brought aboard the Yacht during the Charter, are cleared through Customs before being taken ashore, if required by the laws and regulations.
g) If I commit any offense contrary to the laws and regulations of any country which results in any member of the crew of the Yacht being detained, fined or imprisoned, or the Yacht being detained, arrested, seized or fined the Charterer shall indemnify the Owner against all loss, damage and expense incurred by the Owner as a result, and the Owner may, by notice to the Charterer, terminate this Agreement forthwith.
h) It is also specifically understood that the possession or use of any illegal drugs or any weapons (including particularly firearms) shall be sufficient reason for the Owner to terminate the Charter forthwith without refund or recourse against the Owner.
i) Aboard the ship, it is understood that smoking is not allowed inside the yacht, and is only allowed in the area designated by the crew, and children are to be under the direct supervision of an adult in the charter party at all times and are not the responsibility of the crew.
j) I agree to pay the cost of repairing or replacing property damaged or destroyed by myself or members of my party (other than normal wear and tear) plus a 15% administrative fee, determined in our reasonable discretion, in the event of negligence resulting in damage to our property.
k) It is my responsibility to inform the Owner about any special needs for their guest’s regarding allergies, dietary restrictions or anything else prior to the charter departure.
l) I am responsible for providing my own recreational equipment such as kayaks, surf boards, stand up paddles, bicycles, skis, snow shoes, snorkeling or freediving gear, hiking poles, mountain climbing gear, etc.; and the place in which the guest’s supply their equipment from is where the liability for any damages or accidents occurred from/to the equipment will be applied. We are not responsible for the equipment that the Charterer’s guests bring onboard.
m) Scuba diving is not permitted, unless a certified scuba diving center charter’s the yacht.
n) Pets are not allowed onboard.
During the tour, you are likely to find windy, snowy, dark or cold conditions outside. Please prepare for this and dress accordingly.
The northern lights are a natural phenomenon and, as such, their sighting cannot be guaranteed.
Wild animals such as whales are unpredictable, and as such, their sighting cannot be guaranteed.
It is prohibited to bring on board any firearms, fireworks, explosives, hazardous substances, illegal drugs, weapons or unaccounted alcohol.
Nothing may be thrown over-board.
Our vessel has nice wooden decks and flooring. We therefore ask our guests to avoid wearing shoes with particularly sharp heels or spikes.
Tour Conclusion: The Vessel shall be vacated within 30 minutes of docking. You must remove all property brought on-board, and shall leave the Vessel in reasonably clean condition.
9. INSURANCE AND LIMITATION OF LIABILITY
WSE recommends that all our passengers have cancellation and/or travel insurance. WSE purveys insurance from GARD AS. The yacht insurance does not include personal travel insurance which advisable should be taken out by all members of the charter group. We cannot assume responsibility for forgotten or abandoned items. The Company disclaims any liability for loss of life, damage to a person or item (intentionally or otherwise) which may be validly depreciated or any other loss due to an accident or breakdown pursuant to the Norwegian Maritime Code.
10. PHOTOS & VIDEOS
WSE owns full copyright of any photos or videos taken by WSE during our tours. We may publish video footages of you. Should you not wish to have any photo or video of you to be published nor taken, please inform the crew and do not pose for our photographers.
To process your booking, WSE requires some basic information. This may include name, address, special needs/dietary requirements etc. We take precautions to ensure that your information is not misused, however, we may pass on required information to third parties who are involved in your travel plans. This may include hotels, ships, airlines, port companies, etc. Information can also be given to credit companies and government authorities, if required. We never give this type of information to private individuals or companies that are not directly responsible for some part of your trip. This applies particularly to sensitive information that you give to us, such as details about disabilities, special dietary requirements or religious needs. If you do not accept that we pass on this type of information, we reserve the right to reject your booking. Be aware that if you use one of our agents/travel agencies, it is the agent’s protection of privacy procedures that will apply. WSE is not responsible for privacy protection in any other company. If you would like a copy of the information we have registered about you, you are welcome to get in touch with us. WSE can in some cases also be interested in getting in touch with you by regular mail, e-mail and/or phone with news, information, special offers and market reviews. If you do not wish to be contacted in these cases, we ask you to inform us at: firstname.lastname@example.org.
12. EJECTION FROM TRIP DUE TO DISTURBANCE OR VIOLENT BEHAVIOR
In the event that a guest’s actions cause constant disturbance and/or danger to themselves, other guests, wild animals, the environment, local people, staff, management or crew, and the guest does not adhere to instructions given by the crew or Captain, Owner and Captain have the right to remove the guest from the vessel to other accommodations or transferring the guest to the Police and the guest's trip further is canceled, in such a situation the guest is responsible for all costs this entails. No refunds will be given in such cases.
13. CRUISING AREA
The Charterer shall restrict the cruising of the Yacht to within the Cruising Area and to within regions in the Cruising Area in which the yacht is legally permitted to cruise. The Charterer shall also restrict time under way to an average of 12 hours per day, unless the Captain, in his sole discretion, agrees to exceed this time. We do not warrant the yacht’s comfort in bad weather conditions for all cruises or passages within the Cruising Area.
14. CAPTAIN’S AUTHORITY
The Captain shall comply with all reasonable orders given to him by the Charterer regarding the management, operation and movement of the Yacht, wind, weather and other circumstances permitting. The Captain shall not, however, be bound to comply with any order which, in the reasonable opinion of the Captain, might result in the Yacht moving to any port or place that is not safe and proper for her to be in, or might result in the Charterer failing to re-deliver the Yacht upon the expiration of the Charter Period, or would in the reasonable opinion of the Captain, cause a breach of Section 14 and/or any other section of the Agreement. Further, without prejudice to any other remedy of the Owner, if, in the reasonable opinion of the Captain, the Charterer or any of their Guests fail to observe any of the provisions in Section 14 and if such failure continues after the Captain has given due and specific warning to the Charterer in writing in respect of the same, the Captain shall inform the Owner and the Owner may terminate the Charter forthwith or instruct the Captain to return the Yacht to the Port of Re-Delivery and upon such return the Charter Period shall be terminated. The Charterer and their guests shall disembark, the Charterer having settled all outstanding expenses with the Captain beforehand and the Charterer shall not be entitled to be refunded any of the Charter Fee. The Captain shall have the authority to prohibit the use by the Charterer or any or all of the Guests from use of any particular equipment (ex. the small tender boat) if, in their reasonable opinion, they are not competent to operate such equipment, are behaving in an irresponsible manner, or are failing to show due concern for other persons when operating this equipment.
15. ASSUMPTION OF RISK AND COMPLETE RELEASE OF LIABILITY
I know and fully understand that sailing on any type of sailing vessel, as well as all associated activities such as but not limited to swimming and snorkeling, are outdoor adventure activities in an aquatic environment with inherent risks and hazards where serious accidents can occur. These risks and hazards include, but are not limited to falls overboard, slips or falls at any time while boarding, disembarking, or on-board, any injury or accident occurring while traveling in a dinghy/tender. I fully understand that the Yacht has limited medical facilities and that in the event of illness or injury, appropriate care must be summoned by radio and treatment will be delayed until the patient can be transported to a proper medical facility. By agreeing to our booking terms & conditions and release of waiver & liability, you explicitly acknowledge and agree that the terms of this agreement shall serve as a complete release and express assumption of risk for yourself, all members of your family and all minors traveling with you, your and their heirs, legal and personal representatives, next of kin, successors and assigns; and willingly assume all risks and hazards related to, arising out of, or associated to your participation in our tours and voluntarily agree to discharge, and hold harmless WSE, its members, owners or employees, from any and all claims of liability.
16. KNOWING AND VOLUNTARY ACKNOWLEDGEMENT
I have had sufficient time to read this entire agreement. I have carefully read and understand the provisions and legal consequences of this agreement, and I voluntarily agree to all of its terms and conditions.