Poseidon Charters
tel: +1 613 832 7245
toll free: 1-888 372 7245
email: info@poseidoncharters.com
www.poseidoncharters.com

Terms and conditions

Definitions

Operator: owner or organisation responsible for the delivery of the sailing holiday or yacht/vessel

Agent: representative for a third party Operator who promotes and reserves services for the Customer

Customer: all persons named on a booking

Contract: Terms and Conditions accepted by the Customer upon confirmation of booking

Confirmation of Booking: signed invoice and/or signed Booking Documents and receipt of deposit from the Customer

Booking Documents: Third party yacht contracts and terms and conditions provided on behalf of a third party Owner/Operator of yacht or vessel/tour. 

Fit for purpose: deemed in safe, working order and operates as designed to do so

The Contract

Please read these Terms and Conditions carefully as they are your Contract between Poseidon Charters and you the Customer.

Upon Confirmation of Booking, the Customer agrees and is bound to these Terms and Conditions. Terms and Conditions affect Customer rights as they outline limitations of liability, the cancellation policy, as well as other related trip details. Terms and Conditions govern the outcome of all complaints and disputes.

Travel insurance

Unforseen events do happen in life and it is the Customers responsibility to purchase sufficient Travel Insurance for their trip to protect them from cancellation and/or changes that result but are not limited to, sickness, accidents, deaths, emergencies and travel advisories. If Customers do not purchase cancellation insurance they are at risk and Poseidon Charters does not assume any liability and will not make any refund beyond its cancellation policy and no refunds will be offered for any reason, even in the case of a mandatory evacuation and/or inclement weather. Due to the nature of adventure travel, medical insurance is highly recommened.

Pricing and Payment

Prices are quoted in Euro, USD, or CAD. Prices are per person based on yacht rates or on cabin double or single occupancy rates unless otherwise stated. We accept payment by cheque, credit card and wire transfer for all sailing holidays in the currencies of CAD and USD. Poseidon Charters uses Western Union for currency conversion rates. Pricing is subject to change without prior notice. Website exchange rates are given as an example and current exchange rates will be converted on day of invoicing. Departure dates are subject to availability and advertised website rates may change at any time based upon the number of bookings received. Deposit payments are to be received by special offer end date as confirmation of booking at special pricing. A booking is confirmed when a deposit payment is received and at that time no further discounts will be offered. All cancellations are to be received in writing and are subject to Poseidon Charters cancellation policy below.

Reservations

Customers should make reservations as early as possible to ensure availability. Bookings are accepted up to departure date if availability exists. Reservations are not considered as confirmed until deposit payment is received. 

Poseidon Charters' responsibility as the Agent

When Poseidon Charters is acting as the Agent for third party Operators such as ship owners and operators, hoteliers or contractors providing transportation, accommodation and other services; additional Booking Documents may be issued. In addition to Poseidon Charters payment terms, the Customer is bound by the Terms and Conditions or Contract of third party companies, operators, owners or contractors. Poseidon Charters shall not be held liable for injury, damage, loss, accident, delay or any change arising from services provided by third party companies, operators, owners or contractors.

Poseidon Charters' responsibility as the Operator

Poseidon Charters as the Operator agrees to deliver its Aegean and Croatian and Adventure tours in line with the way they are advertised with respect to accommodation in either double or single cabin with private or shared washroom; provision of breakfast, lunch and beverages as well as trip guidance from crew. Poseidon Charters Adventure tours will be delivered on yachts that are Fit for Purpose, as defined in any online or printed marketing materials; have appropriately trained crew in line with local regulations and have the required marine safety equipment onboard. If a substantial part of a confirmed trip is changed when underway, for reasons other than Force Majeure, Poseidon Charters will provide comparable arrangements for the remainder of the trip. In the rare instance that comparable arrangements cannot be made within 48 hours and the trip has to be terminated, compensation will be calculated on a pro rata daily basis of the Customers specific tour cost. When booking, it is not possible to specify a particular yacht or crew and an alternative sailing vessel, cabin, crew or changes to the proposed itinerary do not constitute a substantial change to the contracted trip. Where substantial changes or cancellation occurs, which is beyond Poseidon Charters' control due to Force Majeure, or other similar circumstances, Poseidon Charters will not be held liable. 

Force Majeure

Poseidon Charters is not liable for failure to perform it's obligations as an Operator or Agent if such failure is as a result of Force Majeure which are considered as Acts of God including changes in weather, earthquake, fire, flood, storm, hurricane or other natural disaster; or non natural disasters including war, invasion, foreign hostilities, civil war, revolution, terrorist activities, government sanction, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service.

Risk liability

The Customer acknowledges that any form of travel aboard a vessel on the sea may involve personal risk. Poseidon Charters as the Operator guarantees that all yachts used in the delivery of it's Adventure tours are Fit for Purpose; have appropriately trained crew in line with local regulations; have the required marine safety equipment onboard and Customers receive safety information either in advance or upon boarding. Outside of these guarantees, the Customer accepts all potential risk and does hereby release Poseidon Charters from all liability and legal action associated with any and all damages, including but not limited to personal injury including physical and mental suffering or death which may occur during travel. Prior to trip commencement, the Customer may be asked to sign a waiver.

Poseidon Charters operating as the Agent does so in good faith entrusting third party Operators to provide the same Fit for Purpose vessels; appropriately trained crew and marine safety equipment, however Poseidon Charters cannot be held responsible should third party Operators fail to do so.

Payment terms

Poseidon Charters will issue an invoice to the Customer that the Customer must sign and return with a minimum of 50% deposit. Deposits are to be paid within 5 days to secure any booking.

Poseidon Charters requires 50% final balance payment 8 weeks prior to departure. If payment is not paid 8 weeks prior to departure, Poseidon Charters will send a reminder. Final payment dates may be in advance of third party Operator terms, this is to ensure that Poseidon Charters complies with third party operator payment policies.

If a booking is made within 8 weeks of departure, the full balance is required.

Accepted methods of payment and charges

Customer Cancellation Policy

In the event of cancellation by the Customer, Poseidon Charters reserves the right to levy cancellation fees to the Customer as follows:

Cancellation by Poseidon Charters as the Operator

Once a deposit is received your booking is a confirmed departure, however in the unlikely event of cancellation Poseidon Charters as the Operator of the Aegean and Croatian Adventures will not do so less than 60 days prior to departure except under Force Majeure or extraordinary circumstances outside its control.

When a trip is cancelled by Poseidon Charters prior to the contracted departure date for any reason other than Force Majeure, the Customer can either:

Poseidon Charters is not responsible for any additional expenses or losses that the Customer may incur as a result of the cancelled booking such as but not limited to, hotel fees, non refundable transportation costs, travel documentation, loss of salary, time or enjoyment and all other expenses pertaining to the Customer's trip.

Cancellation by Poseidon Charters as the Agent of third party Operators

The Customer is bound by the supplementary Yacht Charter Contract or Terms and Conditions of third party Operators. Poseidon Charters shall not be held liable for any cancellation or change by third party Operators.

Changes

Name and date changes are permitted subject to a $300 administration fee on all Poseidon Charters' operated trips. Any date changes are also subject to changes in cabin rates if changed departure date is not in the same departure year. Special offers will not be applied to a different departure year. A $300 administration fee will be charged for changes to third party Operator bookings, these changes are also subject to third party Operator Terms and Conditions.

Personal property

The Customer acknowledges that personal belongings are their own responsibility during travel. The Customer must ensure that personal property is stored safely in their cabin at all times. Should personal items remain in the social and public areas of the yacht, Poseidon Charters reserves the right to remove any property without prior permission. When participating in adventurous activities such as, but not limited to, sailing, land excursions and water sports activities the Customer assumes all responsibility for their personal belongings and hereby releases Poseidon Charters from all claims and causes of action arising from any damages to personal belongings.

The Customer must not bring on board the yacht any goods or articles of an inflammable or dangerous nature nor any controlled or prohibited substance.

Inappropriate behavior

The decisions of the Crew operating the trip will be final especially on matters related to the safety and peaceful enjoyment of all Customers on the trip. By booking an Adventure tour with Poseidon Charters, the Customer agrees to abide at all times to the authority of the Crew and not to undermine them or create mutinous conditions. If in the opinion of the Crew, the Customer's behavior is disrupting the peaceable enjoyment of the trip or causing danger, distress, or annoyance to Crew and/or other guests; such as but not limited to, excessive alcohol consumption, noisy or argumentative or abusive behavior or political, sexual, religious and racial slurs; Poseidon Charters may terminate the Customer's trip and the Customer will not be entitled to any refund nor contribution to costs incurred resulting from the termination of the trip. The Customer must at all times strictly comply with the local laws, customs and regulations of the country being visited and should be respectful of the environment in not causing pollution of any kind such as but not limited to rubbish pollution, noise pollution or light pollution when in small coves and bays.  Should the Customer commit any illegal offense when on the trip, Poseidon Charters may terminate the Customer's trip and the Customer will not be entitled to any refund nor contribution to costs incurred resulting from the termination of the trip. Third party Operators may have similar or alternative measures for dealing with Customers who display inappropriate behavior, Poseidon Charters is not liable or responsible for any refund nor contribution to costs incurred resulting from the termination of a third party operated trip because of inappropriate behaviour.

Local operators

Poseidon Charters may provide information to Customers regarding third party companies or suppliers of additional local services to enhance the Customer's trip. Such suppliers as but not limited to, operators of shore excursions, hotels, restaurants, shops, car/bike/motorbike hire companies, ferries, trains, doctors, hairdressers, masseuses, photographers or water sport providers. These services are provided directly to Customers and Poseidon Charters is not responsible for these goods or services provided to the Customer. Any Customer using such services or activities agrees and consents that any personal damage to the Customer or their property shall be the sole responsibility of the providers of these services or activities.

Medical conditions

The Customer's health and safety is paramount at all times. The Customer must inform Poseidon Charters in writing during the reservation process of any medical conditions, disabilities, pregnancy or any other physical or mental health conditions that may affect the safety or enjoyment of the Customer or other guests on the trip. Poseidon Charters may refuse to carry Customers with certain conditions and failure to notify Poseidon Charters may result in the Customer being denied travel upon arrival. Should Poseidon Charters not be aware of a medical condition and a trip has to be terminated, full cancellation fees will apply to the Customer. Some sailing trips or land excursions may be unsuitable for Customers due to physical limitations medical conditions or illness; it is the Customer's responsibility to check prior to booking and to ensure adequate medical and cancellation insurance is in place prior to departure. If physical limitations exist, the Crew are not responsible for providing additional assistance above and beyond that of the normal service levels of the tour. The standard of care and treatment at medical facilities varies in foreign countries. Poseidon Charters makes no guarantee nor is liable for any treatment or level of service Customers may receive at any overseas medical facility.

Special conditions

The Customer must notify Poseidon Charters in writing during the process of booking of any special conditions such as dietary, allergy or disability requiring special assistance. Poseidon Charters will not make any allowance for special conditions unless it is able to accommodate such conditions and has agreed to do so in advance. Poseidon Charters is not responsible if special conditions are not provided for but will do their utmost to accommodate such needs. Poseidon Charters acting as Agent will pass any special condition requests to third party Operators in advance of reservation to ensure that special conditions can be accommodated.

Cabin charter/mini-cruise itinerary changes

Poseidon Charters and it's third party Operators will endeavour to deliver all trips as per advertised program. The captain of any vessel is responsible for the ultimate safety and comfort of the vessel and its passengers. It is within the Captain's jurisdiction to change either prior to boarding or after departure the sequence of stops and ports if necessary due to inclement weather conditions, high or low water levels, dock and lock schedules, technical, logistical or scheduling reasons. The Captain has the right to remove unruly passengers, quarantine the ship in case of illness and similar circumstances.

Cabin charter/mini-cruise vessel changes

Vessel images are shown in good faith as accurate. While every effort will be made to ensure the vessel as advertised will be the scheduled departure vessel, on rare occasions, based upon the number of bookings, technical malfunction, or weather, an alternative yacht or vessel may be used. This vessel will be comparable, but could be larger, or smaller with different interior layout and decor. Any change of vessel will be notified in advance of departure and is changeable at anytime prior to departure.   It is not possible to request a particular crew, vessel or cabin location when booking a 'cabin' aboard any sailing or mini-cruise vessel. Cabins are booked on a first come first served basis and allocation is at the discretion of Poseidon Charters or the third party Operator.

Travel advisory

When a government issues a Travel Advisory, Poseidon Charters, where possible, will update the Customer. The final responsibility however, lies with the Customer to be up to date with current Government Travel Advisories.

Travel documents and vaccinations

It is the responsibility of the Customer to have a valid passport (passport must be valid for 6 months after the return date of the trip), visas or any other documentation and vaccinations required by the laws of the countries prior to departure. Poseidon Charters will not assume any responsibility whatsoever for any Customer not having the correct documentation or vaccinations. Poseidon Charters will make no refund for disruption or loss of travel days due to missing documentation.

Discounts and special offers

For promotional purposes Poseidon Charters may offer certain departure dates at a reduced price. All discounts, special offers and reduced pricing is offered at Poseidon Charters discretion and can be withdrawn or added at any time. Reduced pricing applies to new reservations only and any bookings with a deposit paid are confirmed at the invoiced rate with any outstanding balance payments due at the invoiced rate with no further discounts applied.

Use of photography for promotional use

During the course of a Customer's trip, photos or videos may be taken by other Customers and/or Poseidon Charters or third party Operator staff. Photos or videos, taken by or sent to Poseidon Charters, may contain images of Customers that can be used by Poseidon Charters on a lifetime royalty free basis. Such images and videos will be used specifically for the purpose of marketing and advertising Poseidon Charters in both printed materials and online.

Complaints procedure

If a customer is unhappy with services provided by the Operator and wishes to launch a complaint, then the Customer, in all instances, must notify the Operator or its Agent during the trip, thus allowing the Operator sufficient chance to put right any such complaint. If the Customer does not notify the Operator or it's Agent during the trip, any subsequent compensation from the trip will be declined. If a resolution is not obtained while on the trip, the Customer must notify Poseidon Charters in writing within 28 days of the end of the trip, failure to do so will result in dismissal of claim and any investigation of complaint.

Privacy Policy

Poseidon Charters will protect your personal information as outlined in the Poseidon Charters' Privacy Policy.

Amending of Terms and Conditions

Poseidon Charters has the right to amend these Terms and Conditions at anytime. The onus is on the Customer to read and review any amended Terms and Conditions on the Poseidon Charters website.

Name of participant Departure date Signature (name in full as acceptance online) Email Address
Name of parent/guardian (if applicable) Signature (name in full as acceptance online)