Travel Booking Offer Agreement
This document is a public offer of the Internet resource https://xploration.club/ (website) to provide services.
1. Introductory provisions
1.1 Mr. Dmitry Ryzhov (hereinafter referred to as the Organiser) is addressing this Offer Agreement to any person (individual or legal entity) who would like to use the services of the Organiser personally or through an authorised representative (hereinafter referred to as the Buyer).
1.2 The Offer Agreement is an official proposal (offer) of the Organiser to conclude a service contract for arranging the charter (booking) of a place on a yacht (hereinafter in the agreement "yacht" means sailing cruising yachts and catamarans) for the Buyer on the route indicated in the booking system on the website at the specified time (hereinafter - Services) and contains all the essential terms of this Agreement.
1.3 The acceptance of the Offer Agreement is the payment for the Services by the Buyer in person or by an authorised representative.
1.4 By accepting the Offer Agreement, the Buyer guarantees that he/she has read, agrees to, fully and unconditionally accepts all the terms and conditions as they are set forth in the text of the Offer Agreement.
1.5 The acceptance of the offer-agreement is equivalent to the conclusion of the Agreement between the Buyer and the Organiser (hereinafter Parties) in terms and conditions set forth in the Offer Agreement. The Offer Agreement does not require sealing and/or signing by the Parties, but it has full legal effect.
1.6 By accepting the Offer Agreement, the Buyer guarantees that it has the legal rights to enter into a contractual relationship with the Organiser.
1.7 The Offer Agreement shall be posted on the website at https://xploration.club/
1.8 The Organiser has the right to change the conditions of the Offer Agreement unilaterally at any time. Amendments to the terms and conditions of the Offer Agreement become effective as soon as they are published on the website https://xploration.club/. The Offer Agreement may be withdrawn at any time.
1.2 The Offer Agreement is an official proposal (offer) of the Organiser to conclude a service contract for arranging the charter (booking) of a place on a yacht (hereinafter in the agreement "yacht" means sailing cruising yachts and catamarans) for the Buyer on the route indicated in the booking system on the website at the specified time (hereinafter - Services) and contains all the essential terms of this Agreement.
1.3 The acceptance of the Offer Agreement is the payment for the Services by the Buyer in person or by an authorised representative.
1.4 By accepting the Offer Agreement, the Buyer guarantees that he/she has read, agrees to, fully and unconditionally accepts all the terms and conditions as they are set forth in the text of the Offer Agreement.
1.5 The acceptance of the offer-agreement is equivalent to the conclusion of the Agreement between the Buyer and the Organiser (hereinafter Parties) in terms and conditions set forth in the Offer Agreement. The Offer Agreement does not require sealing and/or signing by the Parties, but it has full legal effect.
1.6 By accepting the Offer Agreement, the Buyer guarantees that it has the legal rights to enter into a contractual relationship with the Organiser.
1.7 The Offer Agreement shall be posted on the website at https://xploration.club/
1.8 The Organiser has the right to change the conditions of the Offer Agreement unilaterally at any time. Amendments to the terms and conditions of the Offer Agreement become effective as soon as they are published on the website https://xploration.club/. The Offer Agreement may be withdrawn at any time.
2. Subject of the Agreement
2.1 The Organiser shall undertake to provide the charter (booking) of a place on the yacht for the Buyer on the route of any stage of 5th season in the reservation system within the specified time. The Buyer on its part undertakes to pay for the service in due time, as well as to comply with the rules of conduct and safety on the yacht.
3. Obligations of the Parties
3.1 The Organiser undertakes:
3.1.1 Charter (book) a place on the boat for the Buyer on the basis of the Application. In the Application, the Buyer shall specify passport details, contact phone number and email, the date of boarding the yacht, the date of disembarkation from the yacht. The booking request is made through the booking system on the website https://xploration.club/ or sent by email to xploration.sailing@gmail.com.
3.1.2 Provide the Buyer with all necessary advice on the yacht, the route, the organisation and characteristics of the trip, the rules of conduct and safety on the yacht.
3.2 The Buyer undertakes:
3.2.1 Make payment in accordance with clause 4 of this agreement.
3.2.2 Provide reservation data (name, surname, passport series and number, validity - for a passport, date of birth, citizenship) no later than 30 (thirty) days prior to travel, or within 72 (seventy-two) hours of booking.
3.2.3 Comply with the instructions of the captain (skipper), as well as the rules of conduct and safety regulations on the yacht.
3.2.4 Independently take out a sports insurance, including yachting, for the duration of the trip. The possession of a sports insurance, which includes yachting, is a mandatory condition for participation in the trip on the yacht. The Organiser shall be entitled to exclude the Buyer from the trip if the Buyer does not have a sports insurance that includes yachting and is valid until the end of the trip.
3.1.1 Charter (book) a place on the boat for the Buyer on the basis of the Application. In the Application, the Buyer shall specify passport details, contact phone number and email, the date of boarding the yacht, the date of disembarkation from the yacht. The booking request is made through the booking system on the website https://xploration.club/ or sent by email to xploration.sailing@gmail.com.
3.1.2 Provide the Buyer with all necessary advice on the yacht, the route, the organisation and characteristics of the trip, the rules of conduct and safety on the yacht.
3.2 The Buyer undertakes:
3.2.1 Make payment in accordance with clause 4 of this agreement.
3.2.2 Provide reservation data (name, surname, passport series and number, validity - for a passport, date of birth, citizenship) no later than 30 (thirty) days prior to travel, or within 72 (seventy-two) hours of booking.
3.2.3 Comply with the instructions of the captain (skipper), as well as the rules of conduct and safety regulations on the yacht.
3.2.4 Independently take out a sports insurance, including yachting, for the duration of the trip. The possession of a sports insurance, which includes yachting, is a mandatory condition for participation in the trip on the yacht. The Organiser shall be entitled to exclude the Buyer from the trip if the Buyer does not have a sports insurance that includes yachting and is valid until the end of the trip.
4. Costs and payment arrangements. Cancellation of booking.
4.1 The price of the service includes: a place on the yacht, a set of bed linen, final cleaning of the yacht, skipper's services, fuel for the dinghy.
4.2 The total cost of the service is indicated in the reservation system on https://xploration.club/. For any stage of our 5th season the price is different and written in our landing page. Payment shall be made in Euro to the bank account of the Organiser.
4.3 The first payment of 50% of the total cost of the service shall be made not later than 72 (seventy-two) hours after the confirmation of the reservation. The second instalment of 50% of the total price of the service shall be due no later than sixty (60) calendar days prior to the start of the trip.
4.4 In case of delay in payment of the second instalment in the amount of 50% of the total cost of service, the Buyer shall pay to the Organiser a penalty in the amount of 5% of the total cost of service (clause 4.2. of this Agreement) for each month of delay of the second instalment, but not more than 15% for the entire period of delay. The penalty is payable together with the second instalment.
4.5 If the second payment is not made in the amount of 50% of the total cost of the service 60 (sixty) or less calendar days prior to the beginning of the journey, the Organiser has the right to unilaterally cancel the booking without refunding the Buyer the first payment made by the Buyer.
4.6 In case of withdrawal from the Agreement the Buyer (customer) is obliged to pay the expenses incurred by the performer in connection with the fulfilment of obligations under the Agreement. The Buyer will have to pay the cancellation fee in any case when cancelling the booking. The Organiser guarantees a refund to the Buyer of the amount paid by the Buyer in accordance with clause 4.2. of the Agreement, less the cancellation fees listed below, if:
4.2 The total cost of the service is indicated in the reservation system on https://xploration.club/. For any stage of our 5th season the price is different and written in our landing page. Payment shall be made in Euro to the bank account of the Organiser.
4.3 The first payment of 50% of the total cost of the service shall be made not later than 72 (seventy-two) hours after the confirmation of the reservation. The second instalment of 50% of the total price of the service shall be due no later than sixty (60) calendar days prior to the start of the trip.
4.4 In case of delay in payment of the second instalment in the amount of 50% of the total cost of service, the Buyer shall pay to the Organiser a penalty in the amount of 5% of the total cost of service (clause 4.2. of this Agreement) for each month of delay of the second instalment, but not more than 15% for the entire period of delay. The penalty is payable together with the second instalment.
4.5 If the second payment is not made in the amount of 50% of the total cost of the service 60 (sixty) or less calendar days prior to the beginning of the journey, the Organiser has the right to unilaterally cancel the booking without refunding the Buyer the first payment made by the Buyer.
4.6 In case of withdrawal from the Agreement the Buyer (customer) is obliged to pay the expenses incurred by the performer in connection with the fulfilment of obligations under the Agreement. The Buyer will have to pay the cancellation fee in any case when cancelling the booking. The Organiser guarantees a refund to the Buyer of the amount paid by the Buyer in accordance with clause 4.2. of the Agreement, less the cancellation fees listed below, if:
- Cancellation within the first 72 (seventy-two) hours of booking - no cancellation fee is charged;
- Bookings cancelled from seventy-two (72) hours after booking and up to sixty (60) calendar days prior to travel - 50% of total costs will be charged;
- Bookings cancelled sixty (60) or less calendar days prior to the start of the trip - 100% of the total cost of the service will be charged.
5. Terms and conditions of the charter (booking) of the place on the boat
5.1 The yacht on which the place is chartered to the Buyer shall be made available to the Buyer at the time and place as indicated in the reservation system on https://xploration.club/.
5.2 The yacht on which the place is chartered to the Buyer shall be insured by the owner for the duration of the charter.
5.3 The rights and duties of the yacht's Captain (Skipper). The Captain (Skipper) is obliged to ensure the most favourable leisure and/or training conditions for the Buyer. The Skipper is obliged to carry out all acceptable instructions in all matters relating to the operation of the yacht as far as the weather conditions, wind and other circumstances permit. The Skipper shall not be obliged to carry out any instruction by the Buyer which in his opinion is contrary to the safety of the yacht and crew or which may delay the return of the yacht by the time the charter is completed. The Master (Skipper) has the right to disqualify the Buyer or any of the crew from using any part of the yacht's equipment if they are not competent to use it or use it in a manner that is unsafe for themselves or others. The Master (Skipper) has the right to disqualify the Buyer or any of the crew members from participation in the charter (rental) of the yacht and put him on land if he considers the actions of the Buyer or any of the crew as preventing him and other crew members from being comfortable or safe on the Yacht. In the latter case, the charter money, as well as any additional costs incurred by the Buyer, shall not be reimbursed by the Organiser.
5.2 The yacht on which the place is chartered to the Buyer shall be insured by the owner for the duration of the charter.
5.3 The rights and duties of the yacht's Captain (Skipper). The Captain (Skipper) is obliged to ensure the most favourable leisure and/or training conditions for the Buyer. The Skipper is obliged to carry out all acceptable instructions in all matters relating to the operation of the yacht as far as the weather conditions, wind and other circumstances permit. The Skipper shall not be obliged to carry out any instruction by the Buyer which in his opinion is contrary to the safety of the yacht and crew or which may delay the return of the yacht by the time the charter is completed. The Master (Skipper) has the right to disqualify the Buyer or any of the crew from using any part of the yacht's equipment if they are not competent to use it or use it in a manner that is unsafe for themselves or others. The Master (Skipper) has the right to disqualify the Buyer or any of the crew members from participation in the charter (rental) of the yacht and put him on land if he considers the actions of the Buyer or any of the crew as preventing him and other crew members from being comfortable or safe on the Yacht. In the latter case, the charter money, as well as any additional costs incurred by the Buyer, shall not be reimbursed by the Organiser.
6. Risks
6.1 Travelling on a yacht involves a risk of injury and other accidents. All crew members are obliged to follow the instructions of the Skipper and the rules of conduct and safety on the yacht in order to avoid possible negative consequences. In the absence of unforeseen circumstances caused by external factors unrelated to the instructions and actions of the Skipper, the Buyer shall bear the risks and their consequences related to his/her stay on the boat alone and in full.
6.2 The Buyer, who acts or omits to act, causing damage to the yacht's equipment and other possible damage (including loss of profit for the owner due to downtime due to repairs), undertakes to compensate this in full no later than the end of the voyage.
6.3 Being fully aware of the risks and the dangers to which the crew of the yacht may be exposed, the Buyer, on behalf of himself/herself and his/her representatives, relatives and heirs shall not be entitled to bring claims against the Organiser, the owner of the yacht, the Skipper, other contractors and other persons, not connected with the fault of these persons, nor claims in relation to the occurrence of force majeure circumstances.
6.2 The Buyer, who acts or omits to act, causing damage to the yacht's equipment and other possible damage (including loss of profit for the owner due to downtime due to repairs), undertakes to compensate this in full no later than the end of the voyage.
6.3 Being fully aware of the risks and the dangers to which the crew of the yacht may be exposed, the Buyer, on behalf of himself/herself and his/her representatives, relatives and heirs shall not be entitled to bring claims against the Organiser, the owner of the yacht, the Skipper, other contractors and other persons, not connected with the fault of these persons, nor claims in relation to the occurrence of force majeure circumstances.
7. Supporting documents
7.1 The supporting documents for the trip shall be:
- A programme with approximate route;
- A leaflet with recommendations for the trip and contact details of the Skipper and the trip Organiser.
8. Changes to Terms and Conditions of Agreement
8.1 The Organiser has the right to terminate the Agreement before the start of the trip if the conditions previously agreed upon by the Parties cannot be met, as well as in case of unforeseen transport tariff rise, the introduction of new or increased rates of taxes and fees, drastic changes in national currency exchange rates.
8.2. Any changes in the terms and conditions of the Agreement shall be subject to the written consent of both Parties.
8.3 If in the cases specified in clause 8.1, the Parties do not agree to make appropriate changes in the Agreement, the Agreement shall be automatically terminated and the Buyer shall be refunded in full amount of the funds paid by the Organiser.
8.4 In case the Buyer cancels the Organiser's service for reasons not related to the Organiser's fulfilment of its obligations (cancellation of booking), the Organiser shall deduct the cancellation fee according to Appendix 1 to this agreement.
8.5 The Organiser expects responsible behaviour from each crew member on board the boat. The Buyer undertakes to comply with the rules of conduct and safety on the yacht, as well as other rules communicated by the Captain (Skipper) or the Organiser. If the Buyer systematically exhibits behaviour that is likely to endanger or discomfort other crew members, third parties or the property of the yacht, the Organiser shall be entitled to terminate the Agreement with such person unilaterally without prior notice and without any refund of the amounts paid by him in payment for the Organiser's services. The Skipper shall also be entitled to remove such person from the boat without any further obligations to him.
8.6 The Organiser shall not be responsible for any breach of obligations under this agreement, nor shall the Organiser pay any compensation for such a breach if it was caused by circumstances of insuperable force (force majeure). For the purposes of this Agreement the term force majeure means any circumstance that cannot be foreseen or avoided, including fire, flood, storm, strong wind, earthquake, hurricane, nuclear disaster, civil unrest, acts of terrorism, labour disputes, and other disasters of a similar nature beyond the control of the Organiser.
8.2. Any changes in the terms and conditions of the Agreement shall be subject to the written consent of both Parties.
8.3 If in the cases specified in clause 8.1, the Parties do not agree to make appropriate changes in the Agreement, the Agreement shall be automatically terminated and the Buyer shall be refunded in full amount of the funds paid by the Organiser.
8.4 In case the Buyer cancels the Organiser's service for reasons not related to the Organiser's fulfilment of its obligations (cancellation of booking), the Organiser shall deduct the cancellation fee according to Appendix 1 to this agreement.
8.5 The Organiser expects responsible behaviour from each crew member on board the boat. The Buyer undertakes to comply with the rules of conduct and safety on the yacht, as well as other rules communicated by the Captain (Skipper) or the Organiser. If the Buyer systematically exhibits behaviour that is likely to endanger or discomfort other crew members, third parties or the property of the yacht, the Organiser shall be entitled to terminate the Agreement with such person unilaterally without prior notice and without any refund of the amounts paid by him in payment for the Organiser's services. The Skipper shall also be entitled to remove such person from the boat without any further obligations to him.
8.6 The Organiser shall not be responsible for any breach of obligations under this agreement, nor shall the Organiser pay any compensation for such a breach if it was caused by circumstances of insuperable force (force majeure). For the purposes of this Agreement the term force majeure means any circumstance that cannot be foreseen or avoided, including fire, flood, storm, strong wind, earthquake, hurricane, nuclear disaster, civil unrest, acts of terrorism, labour disputes, and other disasters of a similar nature beyond the control of the Organiser.
9. Claims Settlement
9.1 In the event of claims by the Buyer, the Buyer shall apply to the Organiser in writing within no more than 20 (twenty) calendar days from the end of the trip. The Organiser shall accept claims only with the resolution of the Captain (Skipper) on the inability to satisfy the claim on the spot. Within no more than 10 (ten) calendar days the Organiser shall either pay a penalty (compensate the losses of the Buyer) or provide a justified refusal.
10. Privacy Policy
10.1 Collection of personal data
In order to process the booking and to provide services, the Organiser obtains the Buyer's personal data. Such data may include (as the case may be) names, addresses, passport or other identity document numbers, telephone numbers, email addresses, other contact and payment information. In some cases, the Organiser may also collect health information (applicable to purchasers with special medical requirements).
10.2 Use of personal data
The Buyer's personal data may be used for the following purposes: provision of services and provision of products on request, communication with the Buyer regarding a booking or other service provided, statistical or marketing analysis, testing of sales systems, customer surveys, communications as part of maintaining customer relations, offering of services.
10.3 Disclosure of personal data
The Organiser undertakes to maintain appropriate policies and procedures regarding the storage and disclosure of the Buyer's personal information, ensuring the protection of such information from unauthorised access by third parties. The Organiser has the right to disclose the Buyer's data to public authorities in compliance with applicable law. The Organiser may also disclose certain information to charter companies, port authorities and other relevant persons for the purpose of compiling official crew lists, transit logs as well as for complying with other formalities in connection with the organisation of the trip on the yacht.
In order to process the booking and to provide services, the Organiser obtains the Buyer's personal data. Such data may include (as the case may be) names, addresses, passport or other identity document numbers, telephone numbers, email addresses, other contact and payment information. In some cases, the Organiser may also collect health information (applicable to purchasers with special medical requirements).
10.2 Use of personal data
The Buyer's personal data may be used for the following purposes: provision of services and provision of products on request, communication with the Buyer regarding a booking or other service provided, statistical or marketing analysis, testing of sales systems, customer surveys, communications as part of maintaining customer relations, offering of services.
10.3 Disclosure of personal data
The Organiser undertakes to maintain appropriate policies and procedures regarding the storage and disclosure of the Buyer's personal information, ensuring the protection of such information from unauthorised access by third parties. The Organiser has the right to disclose the Buyer's data to public authorities in compliance with applicable law. The Organiser may also disclose certain information to charter companies, port authorities and other relevant persons for the purpose of compiling official crew lists, transit logs as well as for complying with other formalities in connection with the organisation of the trip on the yacht.
11. Other provisions
11.1 Right to use photographs and videos
All images used by the Organiser in promotional and informational materials are real photos of real people taken during real sailing trips. The Buyer consents to the use of its own photo and video images in the Organiser's advertising, informational and promotional materials in accordance with the legislation of European Union. If the Buyer does not wish to have the photo or video material with its participation used in this way, it shall inform the Organiser of this at the time of the photo or video shooting by the photographer or other representative of the Organiser.
11.2 Applicable law and dispute resolution
These Booking Conditions, as well as any issues relating to our relations with you, shall be governed by and construed in accordance with the laws of Spain. Any dispute or claim arising out of or in connection with these Booking Conditions or your Agreement with us shall be resolved by negotiation. If the dispute cannot be resolved in this way, it may be referred to the competent courts of Spain.
All images used by the Organiser in promotional and informational materials are real photos of real people taken during real sailing trips. The Buyer consents to the use of its own photo and video images in the Organiser's advertising, informational and promotional materials in accordance with the legislation of European Union. If the Buyer does not wish to have the photo or video material with its participation used in this way, it shall inform the Organiser of this at the time of the photo or video shooting by the photographer or other representative of the Organiser.
11.2 Applicable law and dispute resolution
These Booking Conditions, as well as any issues relating to our relations with you, shall be governed by and construed in accordance with the laws of Spain. Any dispute or claim arising out of or in connection with these Booking Conditions or your Agreement with us shall be resolved by negotiation. If the dispute cannot be resolved in this way, it may be referred to the competent courts of Spain.
12. Contacts and documents of the Organiser
The Organiser is a private person Dmitry Ryzhov, born 26/08/1986 - Spanish Residence Permit of Entrepreneur E25807036, - Russian passport 763748254, - RYA Yachtmaster Offshore license 920820188.
Dmitry Ryzhov, Jim Shannon