Nereida Cruises and Eclipse Sailing are the trading names of Eclipse NEPA
Please read the following notice as it is your contract with Eclipse NEPA and clearly lays out what you have agreed with us.
PLEASE READ CAREFULLY:
Eclipse NEPA (‘the Company’,“we”, “us” and “our”) accepts bookings subject to the following conditions. All references in these conditions to “cruise”, “booking”, “contract” or “arrangements” mean such cruise arrangements unless otherwise stated. Please note, the information appearing in the sections headed Private Sailing Charter; Honeymoons; Small Groups Holidays or any comparable sections and any other relevant information on our website also form part of your contract with the Company.
1. YOUR CRUISE CONTRACT
The contract is between the Company and the client (“the client” means “you” in these conditions), being any person travelling or intending to travel on a cruises operated by the Company including any person who is added or substituted after booking. We both agree that Greek law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us. We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with by the Courts of Greece only. Only the Director has authority to vary or omit any of these terms. No promise of a discount or refund will be binding on us unless confirmed by us in writing. These terms are consistent with Greek maritime law and the requirements of Greek harbourmasters, but where there is any doubt these terms apply. This contract includes a checklist, which you must countersign showing what is and is not included in the price of your cruise.
2. TO SECURE YOUR BOOKING
To secure a booking we require the minimum deposit of 25% of the total cruise price per person. We will confirm the actual deposit at the time of booking. This deposit is non-refundable. You are responsible for ensuring that the correct amount in euros is paid to us – if there is a shortfall in the amount we receive due to currency fluctuations or bank transfer charges, this will be added to your final invoice. Clients booking whether by telephone, on the website, by e-mail or otherwise will be deemed to have agreed to the following four conditions:
a) they have read and accepted our booking conditions and general information pages and the information appearing in the sections headed Private Sailing Charter, Sail & Shore Holidays on our website.
b) they appreciate and accept the risks involved in travel at sea.
c) they do not suffer from any pre-existing medical condition or disability which may prevent them from actively participating in the cruise – if any person suffers from any medical condition or disability which will or may affect their cruise arrangements, they should contact us before making their booking. Sailing involves a certain amount of mobility. By making a booking with us clients certify that they are able to move around the vessel unassisted. If it subsequently appears that we are unableto operate the vessel safely under sail because of their lack of mobility and have to use the engine instead, an additional fuel surcharge will apply.
d) the person making the booking warrants that he/she is at least 18 years old and has full authority to enter into a contract on the basis of these conditions on behalf of all persons named on the booking and confirms that all such persons are fully aware of and accept these conditions.
A booking is accepted and becomes definite only from the date when the Company confirms receipt of the appropriate deposit to the client who makes the booking. It is at this point that a contract between the Company and the client comes into existence. For bookings made via our website, any acknowledgement of your booking request we send to you in the meantime is not a confirmation of your booking. Before your booking is confirmed and a contract comes into force, the Company reserves the right to increase or decrease advertised cruise prices. The Company reserves the right to decline any booking at their discretion.
3. PAYMENT FOR YOUR CRUISE
The balance of all monies due, including any surcharges, must be paid to the Company not later than 70 days before departure. In the case of non-payment of the balance by the due date the Company reserves the right to treat the booking as cancelled by the client and cancellation charges will apply. See Section 14 LATE BOOKINGS
4. IF YOU CHANGE YOUR BOOKING
A confirmed booking may be changed or transferred prior to 70 days before departure. Thereafter all changes will be treated as cancellations and subject to the charges below. Changes are subject to availability and may incur a surcharge
5. IF YOU CANCEL YOUR BOOKING
Should you wish to cancel, cancellation charges will be imposed. a) 70 and more days before departure –retention of deposit b) 69-56 days before departure – 30% c) 55-42 days before departure – 60% d) 41-28 days before departure – 90% e) Less than 28 days – 100%
We recommend that you take out comprehensive travel insurance which includes cover against cancellation charges. In the event of the cancellation of a booking where the client is liable to pay to the Company cancellation charges, the client cannot transfer or add these charges to another booking or use any amounts paid to us in relation to the cancelled booking by way of part payment for another booking.
6. IF YOU HAVE A COMPLAINT
Should you have a complaint about any of the cruise arrangements, you must tell the Company at the time. It is only if we know about problems that there will be an opportunity to put things right. Failure to complain on the spot may result in your being unable to claim relevant compensation.
7. PASSPORTS VISAS AND VACCINATIONS
Clients are responsible for must be in possession of a valid, acceptable passport and any visas. By law we are required to give passport details to the Greek port authorities before departure. Failure to supply this information will result on your being excluded from the cruise. You are responsible for obtaining medical advice regarding appropriate vaccinations and ensuring that these are undertaken in a timely manner.
8. TRAVEL AND CANCELLATION INSURANCE
Clients together with their personal property including baggage are at all times solely at their own risk. You are wholly responsible for arranging your own insurance and ensuring that you are in possession of private Travel Insurance, with protection for the full duration of the cruise in respect of at least medical expenses, injury, death, repatriation, cancellation and curtailment, with adequate benefits. You should ensure that there are no exclusion clauses limiting protection for the kind of activities included in your cruise
9. IMPORTANT: LIABILITY INSURANCE
The client acknowledges that the company has taken reasonable steps in safeguarding its liability. Although the Company does hold various insurances this booking condition states that the client must assume he/she is not covered by any Company insurance policy, including all liability insurance, for death, injury, damage or any other loss.
10. CRUISE PARTICIPATION AND CLIENT RESPONSIBILITY
Clients agree to accept the authority and decisions of the Company’s employees and cruise leaders and agents whilst on cruise with the Company. If in the opinion of any such person(s) or any other person in a position of authority (such as, for example, hotel manager), the health, level of fitness or conduct of a client at any time before or during a cruise is endangering or appears likely to endanger the health or well-being of the client or any third party (including any other clients of the Company) or the safe, comfortable or happy progress of the cruise, the client may be excluded from all or part of the cruise without refund or recompense. Where a client is excluded, the Company will have no further responsibility towards them (including any return travel arrangements) and we will not meet any expenses or costs incurred as a result of the exclusion. In the case of ill health, the Company may make such arrangements as it sees fit and recover the costs incurred from the client. If a client commits an illegal act (including, for example, causing any damage or bringing prohibited drugs or weapons on board) the client may be excluded from the cruise and the Company shall cease to have responsibility to/for them as above. Clients who are in the opinion of the Company intoxicated whether by alcohol or drugs are a danger to themselves and others, and may be excluded from the cruise without liability on the Company.
No refund will be given for any unused services. When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises. If you have any medical condition or disability which may affect your active participation in your cruise or the cruise arrangements of any other person or have any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the proposed cruise and/or making the booking.
In any event, you must give us full details at the time of booking and whenever any change in the condition or disability occurs. You must also promptly advise us if any medical condition or disability which may affect your active participation in your cruise or the cruise arrangements of any other person develops after your booking has been confirmed.
As external factors may affect currencies, exchange rates, transport and accommodation, the Company reserves the right to alter the price of any cruise and forward an amended invoice. Any price increase will normally be notified more than 4 weeks before departure.
12. IF WE CHANGE YOUR CRUISE
While the Company will do its best to operate all cruises as advertised, it reserves the right to change and correct errors in any of the facilities, services, prices or itineraries on our website at any time before or after your booking is confirmed. Most changes are minor. Occasionally, we have to make a significant change. If a significant change has to be made, the Company will inform the client as soon as reasonably possible, if there is time before departure.
A significant change is a change made before departure which we can reasonably expect to have a major effect on your cruise. If advised of a significant change before departure the client will have the choice of accepting the changed arrangements (at additional cost if applicable), purchasing another available cruise from the Company (paying or receiving a refund in respect of any difference in price) or cancelling the cruise with a full refund of all monies paid to us. No compensation will be payable and the above options will not be available where a change is a minor one. We regret we cannot meet any visa, vaccination or similar costs in the event of any change or cancellation by us
Your safety is of prime importance. If we consider the weather unsuitable for travel, we will not sail. It is possible therefore that your return may be delayed. We advise you only to book fully flexible connecting transport and other arrangements (such as pre or post accommodation) which can be cancelled or changed without charge, we cannot pay any cancellation, amendment or other charges you may incur in relation to any arrangements which you have to change or cancel as a result of any change to your cruise. Very rarely, we may be forced by “force majeure” (see clause 14) to change or terminate your cruise after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result. While the Captain and crew will do their best to accommodate your requests for itineraries and destinations, safe operation of the vessel is an overriding concern. The Captain and crew are entitled to limit their hours of working to 6 hours’ sailing in any day. In addition, when in port, the Captain and the crew are entitled to a reasonable period of down time on shore If you have elected to sleep on the vessel and it subsequently transpires that by reason of physical infirmity or incapacity, you are unable to get on and off the vessel unaided, then onshore accommodation will be arranged by the Company at extra cost to you.
13. IF WE CANCEL YOUR CRUISE
The Company reserves the right to cancel a cruise in any circumstances but will not cancel a cruise less than 4 weeks before the start of the cruise except for force majeure (see clause 14), consolidation /cancellation of cruises where minimum numbers have not been achieved or the client’s failure to make all payments (including the final balance and any surcharge) when due. Please note, our cruises require a minimum number of participants to enable us to operate them. If any cruise does not have the minimum number of participants required to make it commercially viable, we are entitled to cancel it. We will notify you of cancellation for this reason not less than 4 weeks before the start of your cruise.
If we have to cancel, we will tell you as soon as possible.
If there is time to do so before departure and the cancellation does not result from your failure to pay, we will offer you the choice of purchasing the alternative cruise offered as a result of consolidation or another available cruise from the Company (in either case, paying or receiving a refund in respect of any difference in price) or receiving a full refund of all monies paid to us. We regret we cannot meet any visa, vaccination or similar costs in the event of any change or cancellation by us. Similarly, as you are advised only to book fully flexible transport and other arrangement which can be cancelled or changed without charge, we cannot pay any cancellation, amendment or other charges you may incur in relation to any transport or other arrangements which you have to change or cancel as a result of the cancellation of your cruise.
14 LATE BOOKINGS
Late bookings (less that 70 days before departure) can be made subject to availability. In these cases, the full cost of the cruise is payable on booking.
15. FORCE MAJEURE
Except where otherwise expressly stated in these conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any injury, damage, loss or expense of any nature as a result of “force majeure”. In these conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include whether actual or threatened war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, extreme weather conditions, disease, fire and all similar events outside our control.
16. OUR RESPONSIBILITY FOR YOUR HOLIDAY
Clients bookings are accepted on the understanding that they appreciate the possible risks inherent in travel at sea and that they undertake the cruises at their own volition. Information about climate, clothing, baggage, personal gear, transport arrangements within Greece is given in good faith but without responsibility on the part of the Company. No refund will be made for any unused services which are included in the price. The Company shall not be liable for any delays, deviations or omissions from any cruise caused by circumstances beyond its reasonable control, nor for any direct or indirect consequences thereto.
The Company shall not be liable to compensate clients for associated expenses incurred as a result of their booking. The Company only acts as agent for local operators and other related travel services provided and assumes no liability or responsibility for additional expenses howsoever caused arising directly or indirectly from the actions or omissions of such independent parties, accidents, loss or damage to person or property, delays, transport failures, strikes, war, force majeure, Acts of God etc, over which it has no control. Arrangements so made by the Company will be subject to any special terms imposed by the supplier of these services. The Company accepts no liability for any action or activity undertaken by the client arranged independently of the Company while on cruise.
The Company accepts no liability for any circumstance arising under the agreement constituted by acceptance of these conditions by the client save:
a) where such circumstance derives directly from a failure by the Company to use due diligence in the selection of persons for whom it acts as agent; or
b) for negligence on the part of its employees causing death or personal injury; or
c) to the extent of recovery by the client under the insurance cover effected under these conditions.
17. WEBSITE / ADVERTISING MATERIAL ACCURACY
The information contained on our website and in our other advertising material is believed correct to the best of our knowledge at the time of printing or publication. However, errors may occasionally occur and information may subsequently change. You must therefore ensure you check all details of your chosen cruise (including the price) with us at the time of booking.
Nereida Cruises and Eclipse Sailing are trading names of Eclipse NEPA
Registered Office: Kala Nera, 37300, Volos, Greece VAT No. GR 997664362