Terms and Conditions
11. Payment. Payment
All exclusive charters will be confirmed on receipt of an initial £50 deposit. Where a booking is made less than seven days prior to the charter date and for all scheduled sailings, the full amount is payable at the time of booking.
The balance payable is due 7 days before the commencement of any charter. Fairway Marine Services LTD reserves the right to cancel the booking if payment is not received by this date.
3.1 On the part of Fairway Marine Services LTD
If through circumstances beyond our control, the company is unable to operate the vessel, Fairway Marine Services LTD will either offer a full refund of all monies paid or arrange an alternative date in accordance with customer's preference. (See Para 8)
3.2 On the part of the client
Fairway Marine Services Ltd will endeavour to arrange an alternative date, however, where this is not possible, a reasonable charge will be raised to cover cancellation expenses.
3.3 Inclement Weather
For customer safety and comfort, the boat will not operate at sea where weather conditions are likely to jeopardise safety. Typically this will be where the forecast wind is Force 6 or above, the sea state is rough, or there is fog within the area of operation. In the event that the booking is cancelled in accordance with the above condition, the terms laid down in para 3.1 will apply. Para 3.2 will apply in all other cases. Where there is any doubt about the impact of the weather, customers are asked to check with Fairway Marine Services LTD the day before departure, and if necessary on the morning of departure, before leaving home.
3.4 Scheduled Sailings
Fairway Marine Services LTD reserve the right to cancel any scheduled sailings where minimum passenger numbers have not been reached or for any other operational reason. In these cases the conditions laid down in para 3.1 will apply.
4. Personal Belongings and Due Diligence
Passengers are requested to "travel light" and keep personal belongings to a minimum. However, please ensure you have warm clothing available in case it is required. Passengers are also requested to take care of all personal belongings as Fairway Marine Services LTD are unable to accept responsibility for any loss or damage caused by a lack of due diligence on the part of any passenger.
Bookings are accepted on the understanding that all passengers undertake to familiarise themselves with all items on the safety briefing card and follow the skipper's instructions in the event of an emergency.
6.1 Exclusive Charters
Refreshments as stated at time of booking included. Meals can be obtained ashore at virtually all the popular cruise destinations or a buffet lunch can be provided by arrangement. Please advise at the time of booking whether you require a meal ashore, or whether you have any other catering requirements.
6.2 Scheduled Sailings
Refreshments as stated at time of booking included in the price.
7. Departure & Arrival
Passengers are requested to arrive 15 minutes prior to the scheduled departure time. The departure point will be confirmed at the time of booking. Departure and arrival times are dependent on the state of the tide and are planned to take this into account. The skipper therefore reserves the right to depart at the nominated time, regardless of whether all passengers have arrived. Also, where passengers go ashore during the course of the cruise, it is essential that they return to the vessel at the stated time.
8. Unforeseen circumstances
Fairway Marine Services LTD will exercise all due care and diligence to operate the service as agreed and follow the agreed cruising itinerary. However, if unforeseen circumstances dictate, the company reserves the right to cancel or vary the cruise as required. If this involves terminating the cruise at a destination other than originally planned, Fairway Marine Services LTD will use its best endeavours to ensure passengers are transported back to the original, planned finish point. In any event, Fairway Marine Services will not be liable be liable for any consequential loss whatsoever and howsoever arising which shall include without limitation all economic losses, loss of profits, increased management or labour costs, loss of future business, loss of reputation and goodwill, loss of market or falls in prices of whatever nature and all other damages costs or expenses or other indirect losses including any liability to or claims by any third party.
The company has a commercial marine insurance policy, including third party liability, with Underwriting Risk Services Ltd. Policy details are available on request.
10. Breakages or damage
For safety reasons, any breakages or damage must be brought to the skipper's attention immediately. Breakages or damage arising as a result of passenger negligence must be reimbursed.
11. Car Parking
All cars should be parked in the visitor's car park at the entrance to the marina. However, please note that Fairway Marine Services LTD cannot accept any liability for any loss or damage occurring to any vehicles left parked in this area.
Fairway Marine Services LTD will endeavour to resolve any disputes through mutual negotiation and agreement. However, where this is not possible, the company would seek to refer the matter to a single arbitrator elected by the President of the British Law Society. Such arbitration would be subject to the provisions of the Arbitration Act 1950