Booking with World Sea Explorers
BOOKING TERMS & CONDITIONS AND RELEASE OF WAIVER & LIABILITY
World Sea Explorers AS, a Norwegian limited company Org. nr. 922 303 738, 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 your desired date/time is available for the tour or charter.
For public day tours and private charters of day tours, full payment is due at the time of booking.
For public multi-day tours, private charters of multi-day tours and custom charters, if you book 90 days or more in advance to the tour start date, a 30% non-refundable deposit is due at the time of booking and the remaining amount is due 90 days prior to the tour start date; if you book 90 days or less prior to the tour start date, the full amount is due at the time of booking.
For custom charters, a non-refundable trip planning fee will be due prior to disclosing detailed information and on location services for your charter. This payment is non-refundable but credited towards the final charter price.
The booking is only binding upon us once the booking terms & conditions and release of waiver & liability is accepted, a charter agreement is signed (for custom charters only), and the final amount of the charter/tour has been paid within the due dates. 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.
2. CANCELLATION OR CHANGES
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.
Cancellations or changes to a reservation must be sent by email. Cancellations or change requests are entered into effect based on the date and time that the email is received and that WSE has replied to confirm the cancellation or change.
For public day tours, you will receive a full refund or credit if you notify WSE of your cancellation 24 hours or more prior to the tour. If you would like to reschedule your tour, you can request to do so up to 24 hours prior to the tour start time. If you request to reschedule less than 24 hours prior to the tour start time, and an exception is made for you to reschedule, no refund will be issued if the tour you reschedule to is cancelled due to the minimum participants not being met. No-shows or late arrivals past departure time will be charged the full price. No refunds are given if you choose not to use, consume or participate in any part of a tour such as use of the hot tub, consumption of food or drinks served, fishing, thermal suit rentals, shore excursions etc.
For multi-day tours, private charters of day tours, and custom charters, cancellations made less than 90 days from the trip start date are not refundable. Where the full amount was paid upfront, 30% of the full amount is a non-refundable deposit, and the remaining balance is refundable if a cancellation is made 90 days or more prior to the tour start date. Customers are highly encouraged to purchase personal travel insurance for trip cancellation coverage. A NOK 1,000 administrative fee will be charged if rescheduling the date of reservation less than 90 days from the tour start date. No additional charges will be applied if rescheduling the date of reservation 90 days or more prior to the tour start date. Charges will be applied to the responsible party at the time of the deposit or full payment.
3. WORLD SEA EXPLORER’S RIGHT TO CANCEL, CHANGE OR DELAY THE ITINERARY
The customer will receive a full refund or credit if WSE cancels the tour due to weather, minimum passenger requirements not fulfilled, or other unforeseen circumstances that are known prior to the tour.
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 actions or regulations of government, accidents, natural disaster, severe 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 a tour. If a storm threatens or is forecast to threaten the expected location of the tour, as determined by the Captain in his/her sole discretion, the Captain shall have the option of terminating or cancelling the tour any time that he/she deems necessary. No refund is provided for cancellation due to Force Majeure that occurs during a tour.
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 or activity 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 (unless agreed upon by third party activity providers) 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.
For public multi-day tours with a minimum viable number of participants to run tour, if the minimum number of participants is not reached within 45 days of the departure date then the tour may be cancelled or rescheduled, but in most cases, we are still able to run the tour without additional charges, and may ask for your cooperation to make modifications to your tour itinerary, but keeping the original tour start and end dates. When the number of participants is below the critical level, we will inform you 45 days prior to the departure date and consult you with your options, which can include additional supplements for the cabins (depending on the number of participants).
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 where the vessel is based, there is an additional cost to reposition the vessel. The hourly rate is calculated from the time the boat is booked until the last guest is on land.
ALL-INCLUSIVE MULTI-DAY CHARTERS
The vessel rental is based on a daily charter rate and includes full service charter of the vessel with meals, snacks, beverages (non-alcoholic), up to 4 crew and up to 12 hours of cruising time per day. The daily rate is calculated from the start date that the vessel is booked, with a minimum of 2 days. There is an additional A.P.A (advanced provisioning allowance) of 25% on top of the total charter price which includes alcohol, fuel, harbor fees and third party activities/excursions.
5. START AND END LOCATION
The vessel has reserved docking and is based in Svolvær Harbor. Unless otherwise indicated in the tour itinerary, in the case of boarding or disembarking elsewhere than Svolvær, this will normally be possible. There is an additional fee for repositioning of the vessel for an alternative start or end location.
6. 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. Some examples include breaking glass or kitchenware, breaking or losing fishing equipment, breaking or damaging kayak or SUP equipment, or breaking or damaging any part, item or equipment of the vessel.
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 departure.
l) I am responsible for providing my own recreational equipment such as surf boards, 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. WSE is 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.
8. 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.
9. 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.
11. 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.
12. 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.
13. 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 6 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 6 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.
14. 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, utilizing the hot tub 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.
15. 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.