Terms Of Service

FLOTILLA BOOKING TERMS AND CONDITIONS

I. INTRODUCTION

These Flotilla Booking Terms and Conditions  [hereinafter “the Terms”] governs the standard terms and conditions of Seven Moons Sailing, LLC [hereinafter “the Company”] as they relate to the participation in and booking of Seven Moons Sailing, LLC’s Flotillas [hereinafter “Flotilla” or “Flotillas”].

Please read this document carefully and in full before booking. In these Terms, “Clients” refers to the booking party as well as any others on behalf of whom the booking party is submitting their booking. These Terms shall apply to and bind all guests regardless of whether or not they were the booking party.

II. NATURE OF THESE TERMS

1. These Terms govern the Company’s provision of services to Clients in regard to planning and providing staff and resources for Clients’ Flotilla trip that Clients booked through Seven Moons website.
2. Upon initial payment by the Clients and receipt thereof by the Company, these Terms and all duties and obligations stated herein shall become legally binding upon both the Clients and the Company. 
3. The Company reserves the right to modify the Terms when reasonably necessitated by statute or regulation. Any modifications shall be communicated to impacted parties in a timely manner.

III. JURISDICTION

Seven Moons Sailing, LLC, is a business registered within the State of Colorado. To the extent legally permissible, this contract and its terms shall be interpreted in accordance the laws of the State of Colorado, subject to any applicable U.S. federal law and the laws of any applicable foreign countries To the extent legally permissible, the State of Colorado shall have exclusive jurisdiction to decide and/or adjudicate any dispute or claim arising from or relating to these Terms or their subject matter.

IV. BOOKING PROCEDURE

1. Booking Procedure – Generally.

1. 1. To make a booking, the booking party, whether on their own behalf and/or on behalf of other guests, shall submit the booking via Seven Moon Sailing’s website. 
   2. Following Clients’ initial booking, the Company shall provide the booking party with details of all facilities and costs included.
   3. The Company shall then contact the booking party to confirm booking, the total price due, and details to access any additional necessary information in a timely manner. Confirmation of booking shall be provided within five (5) working days.
   4. The Company reserves the right to cancel any booking within the period of 5 working days from the time of completion of the booking should the Flotilla selected under that booking be unavailable for any reason whatsoever. 
   5. The Company shall not be liable for any additional travel and/or transportation costs (including air travel costs and fees) incurred by the Clients or associated parties prior to the confirmation of booking. Therefore, the Clients and any associated parties are encouraged to refrain from making necessary travel arrangements until after their booking has been confirmed by the Company.
   6. In the event the booking party is making the booking on behalf of other parties, the booking party and, to the extent permitted by law, all other parties for whom the booking is made are legally bound by these Terms. In making this booking, the booking party affirms that they have the authority to act and accept these Terms on behalf of other parties for whom the booking is made.
   7. Clients, including the booking party and all guests, must be at least 21 years of age.
   8. The specifications, measurements, and other data relating to the relevant Flotilla shall be available through the Company’s website. Although accurate at time of posting, the Company does not guarantee that the Flotilla will identically match the details provided.
2. Booking Procedure – Cabin Bookings.

1. 1. In making a Cabin Booking, the Clients understand that the allocation of cabin space is at the Company’s discretion. While efforts will be made to allocate cabin space to compatible parties, the Company will not accommodate requests to move  guests to different yachts in the Flotilla in the event of non-compatible individuals.

V. PRICING

1. Prices provided prior to the Company providing its confirmation of booking are not guaranteed and are subject to change. The confirmation of booking sent by the Company will state the final price. In the event the confirmation contains a miscalculation as to price or other typographical error, the Company reserves the right to issue a corrected confirmation. In the event of a pricing error, we will communicate the error and offer the Clients to either pay the corrected price or receive a full refund. Prices are in dollars, and the Company is not responsible for calculating any exchange rates or any mistakes or unforeseen expenses relating to exchange rates incurred by the Clients.
2. Pricing includes:

• • Accommodations for the appropriate Flotilla based on the package;
  • Captain;
  • Host;
  • Ship Fuel;
  • Port Fees;
  • Meals onboard the Flotilla;
  • Meals for the crew;
  • (For Ionian Odyssey) Transportation from Athens to the marina in Lefkas Saturday morning;
  • (For Athenian Riviera) Free admission to at least one museum each day.
• 3. Pricing does not include:

• • The yacht charter’s security deposit
  • Meals out during dock nights
  • Alcoholic beverages
  • Extracurricular activities not located on the flotilla

VI. TRAVEL LOGISITICS

1. 1. This booking does not include transport to or from your home country, transfers between the airport and the marina, or any other transport.
   2. The Company will not monitor individual flight details. It is the responsibility of the Clients to inform the Company of any relevant travel details, including delays and cancellations. Liability for any inaccurate information related thereto is the sole responsibility of the Clients.
   3. It is the Clients’ responsibility to allow for adequate time for transfer and delays in arranging their transportation. The Company shall not be liable for any direct or incorrect costs, expenses, or damages resulting from missed flights or appointments. The Company shall not be liable for any inconvenience or expenses incurred as a result of delays in transfer.
   4. It is the sole and separate responsibility of the Clients to have valid travel documents. The Clients are responsible for obtaining a valid passport and any necessary visas for any country the Clients are visiting. The Company cannot assist in obtaining these documents.
   5. In the event of cancellation due to lack of valid travel documents, no refund will be granted.
   6. The Company does not sell or organize Travel Insurance. The Clients are advised to obtain personal travel insurance to cover any personal injuries, accidents, or loss of personal belongings. The Company is under no obligation to issue a refund due to the Clients’ absence from the trip.

• Clients are expected to arrive at the embarkation marina two hours prior to the embarkation times for the flotilla. For the Ionian route the embarkation time will be 5pm. For the Refined Athenian Riviera route the embarkation time will be 3pm.

• The flotilla will return to the embarkation port no later than 4pm on Friday evening when checkout procedures will commence. Guests must depart the flotilla the following morning before 10:00 AM.

VII. PAYMENTS AND REFUND POLICY

1. 1. Payment for bookings shall be divided into three (3) separate payments: Deposit, Second Payment, and Final Payment. Clients understand and agree that the Company has no obligation to refund any payment except as specified in these Terms. 
   2. All payments after the initial deposit shall be automatically charged to the payment information used for the initial booking. Failed transfers due to any reason (insufficient funds, cancelled transaction) may result in cancellation and no refunds. In the event of cancellation due to nonpayment, the Company shall not have any obligation to refund any amounts Clients have already paid.
   3. The initial Deposit shall be in the amount of 20% of the total price and shall be due upon Client’s receipt of booking confirmation pursuant to Section IV of these Terms.
   4. Advanced notice of fund transfer from the Clients’ account to the Company shall be provided one week (7 days) in advance of transfer.
   5. Deposits shall be due upon confirmation of booking pursuant to Section IV of these Terms.
   6. Deposits shall be fully refundable within the first twenty-four (24) hours of payment. In the event more than twenty-four (24) hours have lapsed between payment of deposit and cancellation/request for refund, the deposit shall not be refunded, subject to the Company’s discretion.
   7. Second payment shall be in the amount of 40% of the total price and shall be due 30 days after booking confirmation and, unless otherwise specified in these Terms, shall not be refundable. The exact date for the second deposit shall be confirmed in the booking confirmation.
   8. Third payment shall be in the amount of 40% of the total price and shall be due 60 days before the departure date for Clients’ trip and, unless otherwise specified in these Terms, shall not be refundable. The exact date for the third payment shall be confirmed in the booking confirmation.
   9. Upon arrival for yacht bookings, the designated yacht charter company shall require the remittance of a security deposit. This deposit serves as security for any additional cleaning, losses, or damages attributable to the Client and their party during the charter period. The security deposit is applicable to the yacht as a whole, and it shall be the sole responsibility of the Client and their crew to determine the method of payment. Refunds of the security deposit, less any amounts deducted to address cleaning, damages, or other expenses, shall be processed at the conclusion of the charter period. Accepted payment methods for the security deposit typically include credit or debit card; however, certain yacht charter companies may restrict payment options to cash only.

VIII. UNFORESEEN CIRCUMSTANCES

1. The itinerary provided to the Clients may be impacted due to weather conditions and/or other circumstances outside of the Company’s control. While the Company shall make every reasonable effort to substantially adhere to the itinerary, the Company shall not be held liable for changes to the itinerary due to circumstances outside its control, including but not limited to weather, war, epidemic, pandemic. other health emergencies, natural disasters, or local government restrictions.
2. In the event the Company’s services to the Clients are substantially shortened or otherwise limited after Clients’ trip begins due circumstances outside the Company’s control, the Company may, in its sole discretion, issue a partial refund to the Clients.

IX. CANCELLATION AND VARIATION POLICY

1. Given that the Company prepares its booking information well in advance of trips, minor changes (e.g. change of personnel or minor alterations to itinerary due to weather or local restrictions) to the booking may be necessary closer to the time of the trip, and the Company reserves the right to make such changes and notify Clients promptly.
2. In the event circumstances arise such that major changes are necessary (e.g. significant change of dates or accommodations), the Company will notify Clients as soon as possible and offer the following choices:
   1. Cancel the booking and receive a full refund;
   2. Accept the proposed changes; or
   3. Make a new booking.
3. Clients must notify the Company of their choice within 3 business days of the Company’s notice of major changes. If the Company does not receive a response from Clients within 3 days from sending notice of major changes, the Company shall have the right to cancel the booking and issue a full refund.
4. If, for whatever reason, the Company must cancel your booking prior to the start of your itinerary, the Company shall issue a full refund.
5. In the event Clients cancel their booking for their convenience or in relation to minor changes, the Company shall not be obligated to issue any refunds. Clients’ cancellation prior to the beginning of Clients’ trip may also result in Clients being charged additional cancellation fees incurred by the Company from suppliers and contractors.
6. If the Clients are unable to attend any event or your holiday due to Covid-19, including but not limited to contracting Covid-19, or any other illness that prevents travels, a requirement to isolate either at home or abroad, failing any tests or checks or failure to have the correct vaccinations and/or within the correct timeframes or documentation or any other proof or measures imposed by any supplier of services, port or border control or any other government body or local authority, the Clients will not be eligible for a refund and will be required to pay any cancellation charges as necessary.

X. PASSENGER/CLIENT RESPONSIBILITIES AND CODE OF CONDUCT

1. All passengers agree to conduct themselves in accordance with the Company’s rules surrounding health and safety, behavior, alcohol, and sexual conduct. Failure to do so will result in immediate cancellation of booking and removal from the Flotilla(s) without refund.

2. Health and Safety.

1. 1. 1. All guests must comply with the captain’s safety instructions and participate in the safety briefing at the start of the charter.
      2. At the time of booking, the Clients are required to notify the Company & the captain of their Flotilla of any medical conditions that may affect the safety of themselves or any other passengers during the charter, including but not limited to relevant allergies, mobility needs, and chronic conditions. The Clients release the Company of any liability related to the Clients’ failure to notify the Company and captains of relevant medical conditions.
      3. The captain allocated to the Flotilla is in charge of the Flotilla and its occupants. The captain will make decisions on behalf of the boat based on safety, general consensus of its crew, and personal/local knowledge/experience of conditions and circumstances. It is the Clients’ responsibility to understand and participate in the initial safety breach. The Company will not be liable for any loss of enjoyment or similar claims resulting from decisions made by the captain in the interest of safety and guest enjoyment.

3. Behavior.

1. 1. 1. 1. The decisions of the Company’s representative[s] and the boats’ crew[s] (including but not limited to hosts and captains) will be final on all matters, including but not limited to those likely to endanger the safety and well-being of all passengers, staff, and/or the general public. The Clients and all associated parties agree to abide by the authority of the Company’s representative[s] and the boats’ crew[s].
         2. The Clients and all associated parties must, at all times, strictly comply with the laws, customs, and regulations of all relevant countries, including but not limited to those governing the possession and consumption of drugs and/or alcohol and conduct in public spaces.
         3. Failure to comply with the terms above; commission of any illegal act while participating in the Flotilla; damage or destruction of the Company’s property or that of any third party; or, in the opinion of the Company’s representative[s], conduct that is deemed disruptive, threatening, or abusive, or causes or is likely to cause danger or distress to others, shall result in termination of the Clients’ booking without any liability on the Company’s behalf.
         4. In the event of termination as dictated above, the Clients are not entitled to any refund for unused or missed services or costs incurred resulting from the termination of the booking.
         5. Upon such termination, the Clients shall be removed from the Flotilla. The Clients shall be solely responsible for their return home and any additional necessary transportation.

4. Alcohol.

1. 1. 1. 1. The Company acknowledges that passengers may wish to consume alcohol. The Clients and all other passengers must do so responsibly. The Company shall not be liable for any injury, cost, expense, or loss suffered by the Clients or any associated parties as a result of impaired judgment/functioning due to the consumption of alcohol or drugs.

5. Zero Tolerance Drug Policy.

1. 1. 1. 1. The Company employs a zero-tolerance drug policy. If the Clients are found in possession of any illegal substances, the Company reserves the right to terminate the booking without refund. The Company reserves the right to inform the relevant law enforcement authorities at the Company’s discretion.

6. Sexual Misconduct.

1. 1. 1. 1. The Company employs a zero tolerance approach to sexual misconduct. Sexual misconduct is defined as any unwanted conduct of sexual nature which occurs in person or remotely (ie by letter, telephone, text, e-mail, via social media or other electronic means) and includes, but is not limited to, the following:
         2. Engaging, or attempting to engage, in a sexual act with another individual without consent;
         3. Sexually touching another person without their consent;
         4. Kissing another person without their consent;
         5. Sexual Harassment, defined as unwelcome conduct of a sexual nature which creates (or could create) an intimidating, hostile, degrading, humiliating, or offensive environment for others, including but not limited to unwanted remarks of a sexual nature;
         6. Inappropriate exposure of sexual organs to another;
         7. Repeatedly following another;
         8. Recording and/or sharing of intimate images/recordings of another without their consent;
         9. Arranging or participating in events or conduct which may reasonably be assumed to cause degradation and humiliation to those who have experienced sexual violence, e.g. inappropriately themed social events or initiations.

7. Personal Possessions.

1. 1. 1. 1. The Clients are solely responsible for their own belongings and possessions. If an item or belonging is lost, the Company will make every reasonable effort to locate lost property, but does not guarantee its ability to do so, nor does it guarantee the ability to arrange for the return of such property.
         2. The Company is not liable and cannot be held responsible for the safety of passengers’ personal property and/or possessions.

8. Behavior Toward Staff.

1. 1. 1. 1. If the Clients or any associated parties engage in rude, unpleasant, or harassing behavior to the staff of the Company or the contracted crew at any point before, during, or after booking, the Company reserves the right to take action against the Clients. This action may include cancelling the booking without refund. This includes behavior toward customer service and sales agents.

9. Damage Toward Property.

1. 1. 1. 1. The Company shall be entitled to recover the cost of any damage or loss that is attributable to the Clients’ conduct and/or fault, if necessary, before or after the conclusion of the trip.

10. Release of Liability.

1. 1. 1. 1. Clients are responsible for adhering to all safety instructions and guidance provided by the Captain, host, and crew. Clients understand and agree that the Company cannot be held liable for any injury to person or property or death resulting from failure on Clients’ part to adhere to safety instructions and guidance or from the negligence of Clients.

11. Compliance with Law Enforcement.

1. 1. 1. The Company complies with any and all requests for assistance from local and international authorities in ensuring compliance with the laws and regulations of the countries visited.

XI. INDEPENDENT CONTRACTORS

Clients understand that captain, hosts, crew, and all other individuals or entities responsible for operating and maintaining the Flotilla and adhering to the Clients’ itinerary are independent contractors and not employees of the Company. As such, the Company does not control the means and methods by which these individuals and entities carry out their safety and operational duties. The Company is therefore not liable for any negligent, willful or wanton conduct on the part of the captain, hosts, crew, and all other individuals or entities responsible for operating and maintaining the Flotilla and adhering to the Clients’ itinerary. In the event of a failure to operate and maintain the Flotilla or adhere to Clients’ itinerary due to the negligence of the captain, hosts, crew, or other staff such that Clients’ trip is substantially shortened or hindered, the Company may, in its sole discretion, issue a partial refund to the Clients. 

XII. IMAGE COLLECTION

Clients understand and agree that photos and videos may be taken of them and their party by representatives or contractors of the Company. Clients understand and agree that the Company retains all ownership rights of these materials and reserves the right to publish such materials on the Company’s website for promotional and marketing purposes. 

XIII. COMPLAINTS

Any Complaints or requests for assistance should be submitted via the “Contact Us” page of the Company’s website or by email to info@sailsevenmoons.com. To receive a response, Client must include the confirmation number for their booking and “Complaint” or “Request for Assistance” in the subject line.

XIV. ENFORCEMENT

Should any legal action arise that relates to these Terms, the Company shall be entitled to recover its reasonable attorney’s fees and legal costs from non-prevailing parties to the extent the Company is the prevailing party in any such legal action.

XV. SEVERABILITY

If any part, provision, representation, or warranty of this Agreement is found to be void or unenforceable, any such prohibition or unenforceability shall not invalidate or render unenforceable any other provision in this Agreement.  In addition, the applicable provision shall be amended to the fullest extent possible in order to become valid and enforceable.

Contacts

A: 1942 Broadway STE 314C, Boulder, CO

E: info@sailsevenmoons.com

P: +1 (720) 441 2142

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