Terms and conditions

LE BOAT BOOKING TERMS AND CONDITIONS

Updated: October 23, 2024

Please read these booking terms and conditions carefully; they form an important part of the contract for your vacation.

Your booking is with Mariner International Travel, Inc., a Delaware (USA) corporation doing business as “Le Boat”. All references to “Le Boat”, “Company“, “we“, “us” or “our” shall be a reference to Mariner International Travel, Inc. and its affiliates, owners, officers, agents and employees, as well as the named boat in your Booking Confirmation (as defined in clause 2.6).

The payment of your initial deposit and your acceptance of these Terms and Conditions (“Terms and Conditions“) creates a contractual relationship between the Company and you, the lead charterer or passenger of the boat (individually and for and on behalf of the other passengers of the boat, and hereinafter referred to as “you“). Please read the following information carefully. It is a condition of your booking being confirmed that the Lead Name (as defined below) accepts these Terms and Conditions within 1 week of paying your initial deposit. If you make your booking online your acceptance of our Terms and Conditions shall be when you tick the box indicating your acceptance. If your booking is made by any other means, other than online, then you must log into your account at www.leboat.com/booking/login (the “Guest Account”) within 7 days of paying your initial deposit and confirm your acceptance of these Terms and Conditions. Should the Lead Name fail to accept these Terms and Conditions in accordance with the foregoing, we reserve the right to cancel your booking immediately in which case we will refund any sums paid by you and have no further liability or obligation towards you or any other passenger who is travelling with you for your booking.

Please read the full terms below for more information and for other important rights and obligations. Your acceptance of these Terms and Conditions, and that of each fellow passenger aged 18 or over, is required and is a condition of this booking so as to confirm your booking. All such passengers must review and accept these Terms and Conditions as per the preceding paragraph. Should we fail to receive the acceptance of these Terms and Conditions from all of your guests, then we reserve the right to refuse boarding of any such guest without any liability to you or your guests, whatsoever. In such circumstances, any guests who are refused boarding will not be refunded any sums whatsoever.

 

1. Itineraries and guest information

1.1. Any suggested itineraries, including timings, we outline should only be taken as an indication of what could be accomplished, and not as a contractual obligation on our part and all timings are estimates only. Changes to the itinerary (including timings) may be caused by factors beyond our control such as, without limitation, local political conditions, mechanical breakdown, weather, border restrictions, sickness, or other unforeseeable circumstances and/or Force Majeure Events (as defined in clause 6.8 below).

1.2. So that way may fully prepare and provide a safe and comfortable experience and to ensure all guests are aware of important information regarding your vacation (such as, but not limited to safety information and these Terms and Conditions) it is a condition of your booking that you promptly inform us of the names and details of all other guests on your booking via the Guest Account and update us immediately should any guest details change. Should the Guest Account not be completed prior to your arrival, this could delay you accessing your boat. You will not be permitted to depart until this information (and any other information which we require) has been received and until we have signed copies of these Terms and Conditions from all passengers. In providing this information to us, you confirm that you have obtained all guests’ express permission to provide us with their contact details. Guest details will be kept and processed in accordance with our privacy policy which can be found on our website at www.leboat.com/about-us/legal/privacy-policies.

 

2. How to book

2.1 To make a booking you can contact us either directly over the telephone by calling the number on our website, at www.leboat.com, or through an approved travel agent of Le Boat. Any booking which is made with an approved travel agent will be between us and you, and will be subject to these Terms and Conditions. The person making the booking (the “Lead Name“) must be 18 years old or over and possess the legal capacity and authority to make the booking. Whether you book alone or as a group, we will only deal with the Lead Name in all subsequent correspondence, including changes, amendments and cancellations. The Lead Name is responsible for ensuring the accuracy of the personal details or any other information supplied in respect of all passengers and for passing on any information regarding the booking, any changes or cancellations made in relation thereto to all passengers, including but not limited to information on schedule changes or copies of booking confirmations. All sums stated in these Terms and Conditions are in US$ (United States Dollars) unless stated otherwise.

DEPOSITS AND PAYMENT SCHEDULES

Please note that all deposits are non-refundable. If complete and final payment is not made by the due date set out in the table above then we reserve the right to cancel your booking, in which case all deposits paid to date will be forfeited.

2.2 Once a booking has been confirmed, any offers and discounts cannot be applied retrospectively.

2.3 If you book through an agent, all contact with you will be via the agent. However, your contract will remain with the Company and will be subject to these Terms and Conditions.

2.4 You may also be required to pay for any non-transferable and non-refundable items, such as Damage Liability Reduction and any other applicable supplements due, at the time that the balance payment is due and they may be non-refundable in the event of cancellation.

2.5 We do not accept payments made by Diners Club or cheque. We will accept payments by credit cards (American Express, Visa, Mastercard) and by bank transfer. Our bank details for payment to be made by bank transfer will be stated on our Booking Confirmation and any subsequent invoice.

2.6 If we accept your booking, we will issue you with a booking confirmation (the “Booking Confirmation”). When you receive the Booking Confirmation please check the details carefully and inform us immediately if anything is incorrect. Travel documents will be sent or emailed to you (to the address given to us by the Lead Name at the time of booking) after the initial deposit payment is made. When you receive the Booking Confirmation, if there is an obvious error contained in the Booking Confirmation then we reserve the right to correct it as soon as we become aware of it, but will do this within 7 days of issuing the Booking Confirmation or, if your departure is within 7 days, no later than 24 hours before you go.

2.7 It is essential that you ascertain whether or not you can obtain relevant visas and inoculations before making your booking. Cancellations charges will apply where you are unable to travel on your vacation due to any inability to obtain the necessary visas or inoculations, or anything else which is, or may be, required by you or any guests in your group.

2.8 We will consider special requests when you book. We will tell you whether there is a charge for the request. We can only guarantee requests, except for in circumstances involving a Force Majeure Event (as defined in clause 6.8), for which there is a charge, or those that are confirmed by us in writing. It is your responsibility to advise us of any special requirements and we will attempt to accommodate such special requirements, but you should not assume any requirements can be accommodated until we confirm in writing. We regret we cannot accept any booking which is conditional upon the fulfilment of a particular request.

2.9 Your personal safety is of paramount importance to us and therefore it is imperative that you advise us at the time of booking of any condition, medical or otherwise, that might affect your or any other passenger’s enjoyment of your vacation. This should include, but not be limited to, any special dietary requirements, allergies and any reduced mobility affecting you or members of your booking. Please contact us by email at info@leboat.com to discuss any such requirements or any other information which we should be aware of prior to your vacation. In the event that we provide any food or drink packages onboard the boat, it is entirely your responsibility to check the allergen and other dietary information prior to consumption, in the event you have not notified us of any dietary requirements.

2.10 Anyone suffering from mobility impairment, illness or disability or undergoing treatment for any physical or medical condition must declare the true nature of such condition at the time of booking and make arrangements for the provision of any medication or other treatment which may be required during your vacation. Failure to make such disclosure will constitute a breach of these Terms and Conditions and could result in such persons being excluded from the boat, in which case no monies will be refunded.

2.11 Anyone requiring the use of electrical CPAP equipment, or any other equipment which requires the use of large or unusual amounts of electricity, should inform us or your travel agent at the time of booking. The Company makes no guarantee that sufficient power will be available to run the CPAP machine or any other electrical equipment which uses high amounts of electrical power. It is your responsibility to only ever use the CPAP equipment, or any other such equipment, in line with manufacturer instructions and we accept no liability for any damage, malfunction, theft, loss or any other issues with such CPAP equipment, or any other personal items or equipment, during your vacation.

2.12 For safety reasons, oxygen tanks and oxygen concentrators are not permitted onboard. Failure to disclose the need for oxygen tanks and oxygen concentrators to Le Boat (or an approved travel agent) at the time of booking will constitute a breach of these Terms and Conditions and will result in the persons reliant on them being excluded from the boat, in which case no monies will be refunded.

2.13 To pay your final balance (if applicable and not made at the time of booking), amend your booking or discuss any other aspect of your booking directly with us, please contact our sales team by calling the number available on our website or accessing your booking via the Guest Account. For bookings made through an agent, please contact your agent directly.

 

3. Vacation prices and surcharging

3.1 All prices we advertise in any printed materials are accurate as of the date publication, but we reserve the right to change any of those prices, as per clause 2.6. Current and accurate pricing can be obtained from our website or from our sales teams. It is your responsibility to check that any prices contained in printed materials are still accurate prior to booking. All price quotations are provisional until confirmed in writing on your Booking Confirmation. Before you make a booking we will give you the up-to-date price of your chosen vacation, including the cost of any supplements, upgrades or additional facilities which you have requested. The price of some supplements and optional extras fluctuate and may differ if booked later and after your Booking Confirmation has been issued such as, without limitation, the price of any pre-paid fuel. Offers are not combinable unless expressly stated and may be withdrawn at any time.

3.2 For those vacations where any additional local payment is required this will be confirmed to you at the time you place your booking. A local payment is a portion of the vacation cost which must be paid directly to the local representative as instructed. If the price of your vacation includes a local payment this must be paid in the currency specified. Tourist taxes, resort fees or similar that are charged locally may be implemented or changed without prior warning. We do not accept responsibility for these costs, which must be paid by you and are not included within your vacation price. We reserve the right to impose an additional fee for additional transportation costs imposed between the time your Booking Confirmation is issued and your departure date, including without limitation, the cost of Fuel, dues, taxes or fees chargeable for services and exchange rates.

3.3 Fuel Charge and Fuel Deposit:

a. The “Fuel” charge covers the cost of diesel for navigation and heating, gas and engine wear and tear and is calculated on a ‘per hour’ basis. The price is for the Fuel which is actually used and varies depending on boat, region and fluctuations in diesel or gas prices. Price fluctuations may be more significant than usual if there are Force Majeure Events which affect elements of our Fuel charges such as, without limitation, market rates of diesel.

b. The Fuel charge of diesel is estimated to be between £12-£23 / €12-€30 / CA$23-CA$33 depending on boat type and usage. However, this figure is an estimate only and the Fuel charges may be higher or lower than this amount. Fuel charges are payable in the local currency. In all regions, Le Boat charges for Fuel according to the amount of hours the engine of the boat has been running. At the start of your vacation, you will be informed how much the hourly charge will be for the period of usage throughout your vacation.

c. At the start of your vacation your boat will have a full tank of Fuel. Before departing the base, unless you opt for pre-paid Fuel in accordance with clause 3.3(d), you will be required to leave a deposit for the estimated amount of Fuel to be consumed (“Fuel Deposit”), which shall be payable in the local currency as per the table below. It is a condition of your booking that the Fuel Deposit is left and you will not be able to depart the base without first paying the Fuel Deposit.

d. You have the option to purchase ‘pre-paid’ Fuel which covers the cost of any Fuel you use. Pre-paid Fuel is an optional item and may be purchased at any time up to 7 days prior to your departure date. The daily rate for any Fuel may change and we cannot fix the rate of the Fuel until the date that you notify us in writing and make the payment for the Fuel. If you choose to purchase pre-paid Fuel, you will not be required to leave a Fuel Deposit or pay for any other Fuel you use as outlined in this clause 3. If you consume less Fuel than the amount you have pre-paid at the start of your vacation, you will not be entitled to any refund of such amounts that you have pre-paid.

e. At the end of your vacation, you will either pay a supplement to cover the amount of Fuel actually used during your vacation, or you will be due a refund if your actual consumption is less than the Fuel Deposit paid. This is calculated on the basis of the number of hours that the engine of the boat has been running.

f. In the event that you need to purchase additional Fuel during your vacation, you will be able to fill up the boat with additional Fuel at a marina along the waterway that offers this service. If the refuelling station is not owned by Le Boat then you will have to pay for the Fuel and obtain a proof of purchase. At the conclusion of your vacation and once the calculation for the number of hours that the engine of the boat has been running has been completed in accordance with clause 3.3(e) above, any additional amount(s) that you have paid for Fuel under this clause 3.3(f), shall be deducted from any final supplement that may be payable by you in respect of the total amount of Fuel actually used. You are encouraged to always seek assistance from any staff at marinas that may be available to assist with the refuelling process.

3.4 Any services you use while away from our base which are not included within the price of your vacation, such as (without limitation) mooring fees, shore power, marina facilities and/or fresh water and pump out services must be paid at your own expense. In the event that any additional costs are charged to the Company in respect of these, or any other services, these will be invoiced to you and you agree to pay or repay (as the case may be) such sums to us.

 

4. If You Change or Cancel Your Vacation

4.1 YOUR RIGHT TO A REFUND IS LIMITED. You may cancel your travel arrangements at any time. Cancellation/refund requests must be made in writing by email to info@leboat.com from the Lead Name or your travel agent and cannot be made verbally. NO REFUNDS WILL BE ISSUED IN RESPONSE TO VERBAL CANCELLATIONS. Some charges and fees for products or services to be supplied in addition to the boat rental are non-refundable. Non-refundable fees and items include, but are not limited to: credit card fees, reinstatement/cancellation/processing/reservation change fees, and our Vacation Flex Plan and any vacation extras where they have already been purchased by us, such as (without limitation) grocery packs and special occasion gift baskets.

4.2 The following cancellation policy applies:

Please note: We strongly recommend that you purchase travel insurance to cover your booking and travel arrangements.

4.3 If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. You will remain responsible for the full amount of your insurance premium and this will not be refunded in the event of your cancellation. Please note that certain costs may be refunded should you cancel the entire charter (e.g. Damage Liability Reduction) before cancellation charges are applied.

4.4 If, after our Booking Confirmation has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date (in the same cruising season), destination or boat, we will, acting reasonably, try to make the changes, provided that notification is received in writing at our offices from the Lead Name or travel agent. Any requests shall be subject to availability and the following conditions:

a.) The price of your vacation may increase or decrease to reflect the changes requested by you. If the new vacation cost is higher you must pay the difference to us which is specified in the new Booking Confirmation. Any change will not be confirmed until you pay any additional amount. If you fail to pay such additional amount at the time the new Booking Confirmation is issued or by 90 days before departure, if the request is more than 90 days prior to departure, then we reserve the right to cancel your booking and the cancellation charges in clause 4.2 shall apply. If the new vacation cost is lower then we will give you credit for the difference which you can redeem against pre-booked extras or a future booking. Any credit which is given shall be valid for three (3) years from the date that it is issued. In such circumstances only a credit will be given and no refunds will be provided. In the event that the new booking is less than your confirmed booking, we will deduct the administration fee (set out in the table below) from any credit which is given to you. You should be aware that any costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Please check whether your vacation insurance will cover any changes or increased costs resulting from a change.

b.) Unless you have booked and paid for the Vacation Flex Plan (see clause 4.5 below) then any amendment is subject to the following charges, timings and requirements (as well as the provisions of clause 4.4(a)):

4.5 Vacation Flex Plan: You may choose to purchase our Vacation Flex Plan at the time of booking or up to 7 days after, which entitles you to make, subject to availability, unlimited changes to your departure date (for seasons on sale at the time of the amendment), duration, base, region and boat type, or transfer your booking to another person, for no additional amendment fee. However, any amendments which result in an overall increase in the cost of your vacation must be paid by you.

4.6 The Vacation Flex Plan is subject to the following conditions: (i) Any requested amendment is subject to the provisions of clause 4.4(a); (ii) when making amendments under the Flex Plan, you may choose to make any of the amendments described in clause 4.5, which results in a rebooking of your vacation, at any time provided that the amended booking is made within one year of requesting the amendment. After such time, your request will be deemed to be a cancellation, (iii) The Vacation Flex Plan is only available for purchase at the point you confirm your original booking with Le Boat and up to 7 days after. After this time, it may not be purchased or added to your booking retrospectively; (iv) The Vacation Flex Plan must be paid for in full at the time of purchase and once purchased it cannot be cancelled for any reason and no refund or credit note will be provided even if no amendments to your booking are made.

4.7 If you have purchased the Vacation Flex Plan in accordance with clause 4.6 above, then you may only amend your booking up to (and including) 42 days prior to departure under the Vacation Flex Plan. Any amendment requests which are made within (and including) 41 days of departure will be treated in accordance with clause 4.4(b).

4.8 You can transfer your booking to another person, who satisfies all the conditions that apply to this booking as set out in these Terms and Conditions, by giving us notice in writing at least 14 days before departure provided that the new lead passenger accepts the transfer and these Terms and Conditions and provided that we give written consent for the transfer. Both you and the new traveller are equally responsible for paying any costs which we incur in making the transfer of the booking. An administrative payment shall be payable to transfer any booking (except for those who have purchased our Vacation Flex Plan and providing that the change is requested within 42 days of departure) which shall be calculated in accordance with clause 4.4(b) above plus payment of all additional costs charged or levied by those supplying your travel arrangements.

 

5.If we change or cancel your vacation

5.1 The arrangements for your vacations are made many months in advance and it is inevitable that changes will sometimes become necessary. We reserve the right to make such changes if they do become necessary. Most of these changes will be minor and we will advise you of them as soon as possible. If major changes (for example change of cruising region, change of departure date and/or change of boat to a lesser model) are made after your booking, other than where such changes are made as a result of a Force Majeure Event, you will be notified as soon as reasonably possible and we will offer you an alternative vacation if there is time and availability before your departure. In most cases, we will offer an alternative charter which is the same price, or more expensive than the charter you originally booked. If an alternative vacation suggested by us is cheaper, you are entitled to a refund of the price difference, unless such alternative is proposed as a result of a Force Majeure Event. You will have the choice of accepting the change or having a refund of all monies paid, unless the change is caused as a result of a Force Majeure Event. You can also accept an alternative vacation, where we offer one (we will refund any price difference if the alternative is of a lower value) and provided the alternative is not proposed as a result of a Force Majeure Event. We will tell you the procedure for making your choice at the time we notify you of any change. Please read any notification of changes carefully and respond promptly as if you do not respond to us within the timescale given then your booking may be cancelled.

5.2 We also reserve the right to cancel your booking. We will not cancel less than 90 days before your departure date, except where such cancellation arises from a Force Majeure Event, failure by you to pay the final balance or any other breach by you of these Terms and Conditions. If we cancel your booking, except as a result of your non-payment of any amounts due in respect of the booking or any other breach by you of these Terms and Conditions, or if such cancellation arises as a result of a Force Majeure Event, you are entitled to receive a full refund of all monies paid or you can accept an alternative vacation of comparable standard from us if we offer one (we will refund any price difference if the alternative is of a lower value).

5.3. We strongly recommend that the travel arrangements you make to and from your specific start and/or end base are refundable or incur no penalties to change as we reserve the right to change your start and end base, sometimes at late notice. If you make such arrangements which you are then unable to use due to a change in your itinerary we shall not be liable to you for the cost of those arrangements.

5.4 We reserve the right to refuse to accept a passenger or remove a passenger from a boat if that passenger violates any law, or, in our sole discretion, is disruptive to others, or constitutes a danger to themself or to others. In the event the passenger is so removed or their participation terminated, then any/all expenses from being removed or terminated, which include but are not limited to hotel accommodations and a return flight, are the responsibility of the removed passenger. The removed passenger will not receive any refund for the remaining portion of the vacation. If any of our base staff or agents, in their reasonable discretion, believes that a passenger is disruptive or that they are suffering from a contagious disease, or is otherwise in breach of these Terms and Conditions, they can also refuse to let such passenger proceed with the booking or disembark the passenger from the boat.

5.5 As a result of your behaviour during any stage of your vacation, we reserve the right to make a claim against you for any damages, costs and expenses (including legal expenses) incurred as a result, including but not limited to (i) cleaning, repairing or replacing property lost, damaged or destroyed by you, (ii) compensating other customers, staff or agents affected by your actions. You should be aware in some circumstances that criminal proceedings may also be instigated.

5.6 If we are forced to cancel your vacation after departure we may, wherever possible, make suitable alternative arrangements. If we are unable to make such alternative arrangements, or you reject these for good reason then we will return you to your point of departure.

 

6. OUR LIABILITY, CONDITIONS OF CARRIAGE AND LIMITATIONS

6.1 NEITHER THE COMPANY, ITS AFFILIATES, OWNERS, OFFICERS, AGENTS, OR EMPLOYEES, SHALL BE HELD LIABLE FOR ANY ACT, DEFAULT, INJURY (INCLUDING DEATH), LOSS, EXPENSE, DAMAGE, DEVIATION, DELAY, CURTAILMENT OR INCONVENIENCE WHICH MAY OCCUR OR CAUSED TO OR BE INCURRED OR SUFFERED BY ANY ENTITY, PERSON OR THEIR PROPERTY, HOWSOEVER ARISING, WHERE SUCH ACT, DEFAULT, INJURY, LOSS, EXPENSE, DAMAGE, DEVIATION, DELAY, CURTAILMENT OR INCONVENIENCE MAY HAVE BEEN CAUSED OR CONTRIBUTED TO BY DEFECTS OR FAILURES OF ANY AIRCRAFT, VESSEL, AUTOMOTIVE VEHICLE OR OTHER EQUIPMENT OR INSTRUMENTALITY UNDER THE CONTROL OF INDEPENDENT SUPPLIERS. YOU FURTHER UNDERSTAND THAT IF YOU PURCHASE ANY OPTIONAL ACTIVITIES THAT ARE NOT PART OF YOUR PRE-BOOKED ITINERARY (INCLUDING, WITHOUT LIMITATION, EXCURSIONS AND TOURS, HOWEVER CONDUCTED, AIRLINE FLIGHTS AND GROUND TRANSPORTATION): (A) THESE ACTIVITIES ARE OPERATED BY INDEPENDENT CONTRACTORS; (B) THE CONTRACT FOR THE PROVISION OF THAT ACTIVITY WILL BE BETWEEN YOU AND THE THIRD PARTY PROVIDER FOR SUCH ACTIVITY; (C) THE COMPANY NEITHER OWNS NOR OPERATES THE THIRD PARTY SUPPLIER; AND (D) ACCORDINGLY, YOU AGREE TO SEEK REMEDIES DIRECTLY AND ONLY AGAINST THE THIRD PARTY SUPPLIER AND NOT HOLD THE COMPANY RESPONSIBLE FOR THE THIRD PARTY SUPPLIER’S ACTS OR OMISSIONS.

6.2 YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR VACATION MAY INVOLVE RISK AND POTENTIAL EXPOSURE TO INJURY. YOU ALSO REALIZE AND ACKNOWLEDGE THAT RISK AND DANGERS MAY BE CAUSED BY THE NEGLIGENCE OR PARTICIPATION OF OTHER PASSENGERS IN YOUR GROUP. YOU ALSO RECOGNIZE AND ACKNOWLEDGE THAT RISK AND DANGERS MAY ARISE FROM FORESEEABLE AND UNFORESEEABLE CAUSES, INCLUDING FORCE MAJEURE EVENTS (AS DEFINED IN CLAUSE 6.8). YOU FULLY UNDERSTAND AND ACKNOWLEDGE THAT THE AFOREMENTIONED RISKS, DANGERS AND HAZARDS ARE A POTENTIAL IN CONNECTION WITH RECREATIONAL ACTIVITIES WHICH MAY TAKE PLACE DURING YOUR VACATION, OR ANY PART OF YOUR VACATION, AND THAT YOU ARE WILLINGLY AND KNOWINGLY ELECTING TO TRAVEL ON THE BOAT IN SPITE OF SUCH POTENTIAL RISK OF DANGER.

6.3 IN RECOGNITION OF THE INHERENT RISK OF THE TRAVELS AND RELATED ACTIVITIES IN WHICH YOU ARE INTENDING TO ENGAGE, YOU CONFIRM THAT YOU ARE PHYSICALLY AND MENTALLY CAPABLE OF PARTICIPATING IN THE VACATION, AND YOU WILLINGLY AND VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY INJURY, LOSS OR DAMAGE CAUSED BY YOU. IT IS YOUR RESPONSIBILITY AND OBLIGATION TO INFORM THE COMPANY, AT THE TIME YOUR BOOKING IS MADE, OF ANY MEDICAL OR PHYSICAL DISABILITY OR LIMITATION THAT MIGHT DISABLE YOU OR RENDER YOU UNABLE TO PERFORM OR SAFELY OPERATE THE BOAT. YOUR FAILURE TO DO SO WILL RELEASE US FROM ANY LIABILITY FOR LOSS, DAMAGES OR OTHER COMPENSATION ARISING FROM OR RELATED IN ANY WAY TO SUCH DISABILITY OR CONDITION. YOU FURTHER ACKNOWLEDGE THAT YOU ARE THE BEST JUDGE OF YOUR OWN CONDITIONS AND LIMITATIONS AND THAT IT IS INCUMBENT UPON YOU TO FULLY DISCLOSE THE FULL EXTENT OF ANY SUCH CONDITIONS OR LIMITATIONS TO THE COMPANY.

6.4 IN CONSIDERATION OF THE SERVICES AND ARRANGEMENTS PROVIDED BY THE COMPANY, YOU, FOR YOURSELF, OTHER PASSENGERS ON YOUR VACATION, AND FOR YOUR HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS, DO HEREBY RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS AND AGREE TO INDEMNIFY THE COMPANY, AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND AFFILIATES FROM ANY AND ALL CLAIMS, ACTIONS, OR LOSSES FOR EMOTIONAL INJURY, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, LOSS OF SERVICES, LOST PROFITS, CONSEQUENTIAL, EXEMPLARY, INDIRECT OR PUNITIVE DAMAGES OR OTHERWISE WHICH MAY ARISE OUT OF OR OCCUR DURING YOUR VACATION AND SHALL INCLUDE, WITHOUT LIMITATION, ANY LOSS CAUSED BY ANY DEFECT OR UNSEAWORTHINESS IN HULL, MACHINERY OR APPURTENANCES, EQUIPMENT, FURNISHINGS, SUPPLIES, INDEPENDENT CONTRACTORS; THE QUALITY, NATURE OR CONSEQUENCES OF MEDICAL OR SURGICAL TREATMENT; YOUR NEGLIGENCE OR CAUSED BY YOUR BREACH OF THESE TERMS AND CONDITIONS; OR WHICH RESULTS FROM YOUR ACTS, OMISSIONS OR DEFAULTS OR ANY PERSON ACTING ON YOUR BEHALF, OR WHICH RESULTS FROM THE ACTS, OMISSIONS OR DEFAULTS OF, OR ANY CLAIMS ASSERTED BY, THE OTHER PASSENGERS ON YOUR VACATION. THE COMPANY IS NOT LIABLE FOR INJURY, ILLNESS OR DEATH OF ANY PASSENGER UNLESS DIRECTLY CAUSED BY THE NEGLIGENCE OF WILFUL MISCONDUCT OF THE COMPANY. REGARDLESS OF THE SITUATION OR CIRCUMSTANCES GIVING RISE TO A CLAIM, YOU WAIVE ANY RIGHT TO SEEK CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES AGAINST THE COMPANY, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES, FOR ANY REASON WHATSOEVER.

6.5 THE COMPANY’S MAXIMUM LIABILITY, FOR ANY REASON WHATSOEVER, WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO THE COMPANY FOR YOUR BOOKING. IF ANY INTERNATIONAL CONVENTION APPLIES TO, OR GOVERNS, ANY OF THE SERVICES OR FACILITIES INCLUDED IN YOUR VACATION ARRANGED OR PROVIDED BY US AND YOU MAKE A CLAIM AGAINST US OF ANY NATURE ARISING OUT OF DEATH, INJURY, LOSS OR DAMAGE SUFFERED DURING OR AS A RESULT OF THE PROVISION OF THOSE SERVICES OR FACILITIES, OUR LIABILITY TO PAY YOU COMPENSATION AND/OR THE AMOUNT (IF ANY) OF COMPENSATION PAYABLE TO YOU BY US WILL BE LIMITED IN ACCORDANCE WITH AND/OR IN AN IDENTICAL MANNER TO THAT PROVIDED FOR BY SUCH INTERNATIONAL CONVENTION (IN EACH CASE INCLUDING IN RESPECT OF THE CONDITIONS OF LIABILITY, THE TIME FOR BRINGING ANY CLAIM AND THE TYPE AND AMOUNT OF ANY DAMAGES THAT CAN BE AWARDED). FOR THE AVOIDANCE OF DOUBT, THIS MEANS THAT WE ARE TO BE REGARDED AS HAVING ALL BENEFIT OF ANY LIMITATIONS OF COMPENSATION CONTAINED IN ANY OF THESE CONVENTIONS APPLICABLE TO YOUR VACATION. OTHER THAN AS SET OUT ABOVE, AND AS IS DETAILED ELSEWHERE IN THESE TERMS AND CONDITIONS, WE SHALL HAVE NO LEGAL LIABILITY WHATSOEVER TO YOU FOR ANY LOSS OR DAMAGE.

6.6 IN THE EVENT MEDICAL CARE BECOMES NECESSARY ON YOUR VACATION, YOU MAY BE HOURS OR DAYS TRAVEL BY WATER, PORTER, ANIMAL, OR OTHER NON-VEHICULAR TRANSPORTATION FROM ANY MEDICAL FACILITY. THE MEDICAL FACILITY YOU MAY BE TREATED IN MAY NOT HAVE THE SAME STANDARDS AS HOSPITALS OR DOCTOR’S OFFICES IN YOUR HOME COUNTRY. THE MEDICAL PERSONNEL YOU WILL BE TREATED BY MAY NOT SPEAK FLUENT ENGLISH AND/OR HAVE THE SAME TRAINING AS MEDICAL PERSONNEL IN YOUR HOME COUNTRY. YOU FURTHER ACKNOWLEDGE THAT AN EMERGENCY EVACUATION MAY BE UNAVAILABLE, EXPENSIVE AND DELAYED IN YOUR CRUISING REGION, AND THAT THE MEDICAL EQUIPMENT AVAILABLE ABOARD THE BOAT WILL BE LIMITED.

6.7 TO THE FULL EXTENT PERMITTED BY LAW, WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES OR TERMS (WHETHER EXPRESS OR IMPLIED) OTHER THAN THOSE EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS.

6.8 Force Majeure: For the purpose of these Terms and Conditions, a Force Majeure Event arises from unavoidable and extraordinary circumstances that neither we, nor the suppliers of any service(s) comprising the vacation in question could, even with all due care, foresee or avoid and includes, without limitation: war (whether actual or threatened), civil unrest, riot, strife, terrorist activity and/or its consequences or the threat of such activity, riot, the act of any government or other national or local authority or the act of any river authorities, unforeseeable technical problems with locks and/or river facilities, equipment or travel restrictions imposed by any government, regulatory authority or other third party; industrial dispute, sanctions, lock and/or waterway closure, natural or nuclear disaster, fire, flood, adverse weather conditions, volcanic eruption, chemical or biological disaster or any other cause or circumstance beyond our or the concerned supplier’s responsibility or control (a “Force Majeure Event”). For the avoidance of doubt, a Force Majeure Event also includes (a) the occurrence of any pandemic, epidemic or prevalent disease or illness with an actual or probable threat to human life as may be designated or determined by any local, city, county or state governmental entities, as applicable, or the federal government of the United States, the World Health Organization (WHO) or the U.S. Centers for Disease Control (CDC); including, without limitation, coronavirus, atypical pneumonia, Severe Acute Respiratory Syndrome (SARS), or avian influenza, or (b) adherence to any travel restriction, warning or advisory issued in relation thereto by any local, city, county or state governmental entities, as applicable, or the federal government of the United States, the World Health Organization (WHO) or the U.S. Centers for Disease Control (CDC), or (c) any quarantine or similar measure taken in relation thereto by any governmental agency or authority to prevent the spread of any communicable disease, or (d) any unavailability of any resources, information or services resulting from any of the foregoing including, without limitation, the unavailability of resources, information or services due to any governmental shut-downs or the unavailability of resources, information or services due to a shut-down, quarantine or similar measure of any third-party service provider whose service or information is relied upon to operate the trip or otherwise fulfil our obligations under these Terms and Conditions.

 

7. Check-in, cruising routes, navigational restrictions

7.1 Check-in: standard check-ins will be arranged between 3.00 pm – 5.00 pm (in the local time of your departure destination). For an additional fee(s), and subject to operational constraints, early check-in (for which you may arrive from 11:00 am) can be pre-booked and will be detailed on your Booking Confirmation. We try to stagger exact arrival times in line with daily volume to enable us to get you settled on board the boat as quickly as possible after you arrive. Our base team will try to call you sometime in the 7 days prior to your arrival and, during this call, they’ll confirm when you should aim to get to your departure base. We ask that you stick as closely to your agreed arrival time as possible.

7.2 After you arrive at the departure base, we’ll need to spend some time with you completing the check-in processes and pre-departure briefing, so you won’t be able to leave the dockside straight away. In fact your boat may be unable to leave until early evening or, in some cases, the following morning. There may also be unforeseeable issues that can cause unexpected delays.

7.3 Cruising route: For operational reasons, the Company reserves the right to change the direction of your one-way cruise; to make a one-way cruise into a return-to-base cruise and to make a return-to-base cruise into a one-way cruise. Such changes may be required at late notice. These changes will not entitle you to cancel the booking with a refund or compensation.

7.4 On arrival at your departure base, you will receive detailed cruising information for your region, clearly stating which waterways are navigable and which are prohibited or restricted. The base team will also advise on any specific routes which are prohibited or restricted, or procedures falling under the control of Inland Waterways Authorities for your cruising area. Compensation as a result of any technical failure does not apply if cruising in areas that are prohibited or restricted. Customers who require assistance (such as, but not limited to, towing/haulage) as a result of cruising in prohibited/restricted areas will incur an additional charge, payable in the local currency, in respect of such necessary assistance.

7.5 The locks are closed on some public holidays. This will be dependent upon the applicable laws in the cruising region. For more information, please contact our team.

 

8. Return of the boat / cleaning service

8.1 The boat must be returned, and you must be ready to disembark by 09:00 am on your final day at the correct base. For an additional fee(s), and subject to operational constraints and availability, late check-out can be pre-booked at any time prior to departure, which means you can return your boat and disembark by 12.00 pm instead. This will be detailed on your Booking Confirmation.

8.2 Failure to return the boat to the correct base, at the agreed checkout time, without evidence of our prior agreement for any different times, will incur a late return / abandonment fee of £700 (in UK) / €1,000 (in the rest of Europe) and CA$1,500 (in Canada).

8.3 So that we can thoroughly clean, sanitise and prepare your boat for departure, all customers are charged a cleaning fee. The fee varies by boat type and is automatically added and clearly shown in the price breakdown of any quotes you receive and on your Booking Confirmation.

8.4 All customers must return the boat in a reasonably clean and tidy state with the following completed: i) Wash and put away all crockery, utensils, etc. ii) Bag and tie all rubbish and remove from the boat. iii) Strip beds and place linen in laundry bins at base. iv) Wipe all counter-tops and work surfaces. If the boat is left in an unsatisfactory condition, an additional cleaning fee will be charged to the customer.

8.5 You may bring a maximum of two pets on board our boats. This is subject to (i) obtaining our prior written consent to bring the pet(s) on board, (ii) providing any necessary information regarding the pet(s), such as, without limitation, the breed and type of such pet(s) and (iii) the payment of US$90 per pet to allow for additional cleaning. You are required to bring a basket/blanket for pets to sleep on and to refrain from letting pets lie on bedding or settees. Please do not leave pets unattended on your boat. If despite paying the pet cleaning supplement the base manager feels extra cleaning is required on the return of your boat, you will be asked to pay an additional boat cleaning fee. We reserve the right to refuse to allow any pet(s) on board if the requirements of this clause 8.5 are not met, or their admission onto the boat would otherwise amount to a breach of these Terms and Conditions. The responsibility of any pet(s) on board the boat are your sole responsibility and we accept no liability whatsoever in respect of any pet(s) which are brought on board the boat.

 

9. Participation Requirements

9.1 The minimum number of passengers required to rent and to be on board the boat whilst it is being driven or maneuvered is 2 adults, or 3 adults on our Vision boats. An “adult” is defined as someone who is 18 years old or over (or 21 years old and over in Canada) who has sufficient mental capacity to rent a boat. For easier handling in locks and when mooring we recommend at least three adults on all our larger boats, which are greater than 12m in length. The number of passengers on board may not exceed the maximum amount of passengers that the boat is licensed for. You will be notified of the maximum number of passengers in the Booking Confirmation.

9.2 All passengers are expected to satisfy themselves prior to booking that they are fit and able to complete the route of their chosen vacation as booked. If in our sole discretion any passengers will be unable to complete the vacation we will notify you prior to departure from the departure base and may cancel the vacation.

9.3 You must nominate a captain and a 2nd-in-charge, who must both be an adult (as defined in clause 9.1) and who will be responsible for the safety of everyone on board. You must notify us of these specific passengers at the departure base. The captain and 2nd-in-charge will receive a pre-departure briefing prior to setting off, to ensure they are confident and competent to safely and capably navigate and manoeuvre the boat. Should our management team have cause to believe that safe and competent navigation will not be possible, after the provision of adequate instruction and practical guidance, your party will not be permitted to leave the dockside and you will not be entitled to a refund of any monies which are paid and this will be treated as a cancellation in accordance with clause 4.2.

9.4 Any boat we arrange for you must only be used by those people named on your Booking Confirmation or on the latest amendment invoice issued. You are not allowed to share the boat or let anyone else stay on board who is not listed on the Booking Confirmation or the latest amendment invoice issued. In accordance with clause 5.5 you are responsible for the cost of any damage caused to your boat or its contents during your stay. These charges must be met by you and will be charged in the local currency.

 

10. Conduct

10.1 We reserve the right to refuse to accept you as a passenger and cancel your booking, or continue dealing with you if we, or another person in authority, believe your behaviour is disruptive, causes unnecessary inconvenience, is threatening or abusive, you damage property, you upset, annoy, disturb, or put our staff or agents or other customers in any risk or danger, on the telephone, in writing or in person.

10.2 You shall ensure that nobody under the applicable legal age in the country that you travel to shall consume alcohol on your vacation. It is your responsibility to check this. We cannot be held responsible for underage consumption of alcohol. This remains your sole responsibility.

10.3 Please note you are not permitted to cruise on your boat during the hours of darkness (which shall run from the start of sunset to sunrise). You must conform to the rules of river navigation, and also the instruction given by the Company and the river authorities. Applicable speed limits for each cruising region will be advised locally and must be observed at all times. You shall restrict your cruising to those waters permitted by the Company, and shall not engage in towing, sub hiring or lending of the boat.

10.4 Use of the boat is for pleasure only. The boat shall not transport merchandise or carry passengers for pay without the prior written consent of the Company.

 

11. Boat insurance coverage

11.1 Adequate and valid travel insurance for your chosen itinerary is compulsory for all passengers and it is a condition of accepting your booking that you agree you will have obtained adequate and valid travel insurance. You are required to carry proof of insurance with you during your vacation. Le Boat has partnered with Allianz to offer a travel insurance scheme for US residents (not applicable for residents in the state of New York and Hawaii), details of which can be obtained from the sales team on our website, but you are responsible for satisfying yourself that the cover is suitable for the entirety of your vacation and that it offers an acceptable level of cover for you. The Company cannot be held responsible for any loss which you may suffer as a result of you providing incorrect information (such as, by way of example only, previous boating experience when requested), or due to your negligence, deliberate default, or wilful misconduct. Adults will at all times be responsible for minors in their charge.

11.2 The Company agrees to insure and keep insured the boat against public liability to such an extent as the Company in its absolute sole discretion shall deem appropriate. Such insurance policy does not cover loss of life (except that caused through the negligence of the Company), or damage to or loss of property of any person on board against which you must insure prior to your vacation. Advice about such insurance is available from the Company on request.

 

12. Accidents and loss/damage of equipment

12.1 If the boat is involved in an accident of any nature, including any damage or injury incurred to third parties, you must immediately contact the base and complete an accident report form and ask any other party involved to complete the same form. You must not ask for any repairs to be carried out to the boat or any other property involved in any accident without Le Boat’s agreement.

12.2 On arrival, you will be asked to check the boat for external signs of damage and indicate these areas on a separate form. It is your responsibility to notify us or complete this form prior to departure. Should any equipment be lost, stolen or broken, you must report this to us upon return of the boat. A separate fee for certain items lost or damaged will be charged. This must be paid for in local currency. Such items include, but are not limited to: gangplank, TV/DVD remote controls, mallet, pegs, parasol, outdoor table and chairs.

 

13. Damage Deposit & Damage Liability Reduction

13.1 You are required to pay a Damage Deposit on arrival at the base.

13.2 You will be liable for any damages and costs if it is determined that (i) your boat and/or equipment is returned damaged; and/or (ii) there are direct costs associated with an incident during your vacation; and/or (iii) there is loss or damage caused to property belonging to a third party by your acts or omissions during your vacation (a “Third Party Claim”). Subject to clause 13.4 below, in any of these circumstances, you will be charged up to the full value of your Damage Deposit at the base at the end of your vacation.

13.3 You remain liable for any Third Party Claim(s) that are brought to our attention following your checkout even after we have, as applicable, refunded you the Damage Deposit. Subject to clause 13.4 below, in such an event, we reserve the right to pursue a claim against you up to the full value of your Damage Deposit.

13.4 If any damage or loss referred to in clause 13.2 and 13.3 is caused as a result of your negligence or reckless conduct you will be liable for the full extent of the loss suffered by Le Boat and if such loss is in excess of the value of the Damage Deposit, we reserve the right to pursue a claim against you for the full extent of our loss.

13.5 Acts that will be considered as negligence or reckless conduct will include, without limitation, cruising under the influence of alcohol and/or drugs, having a person who is not an adult (as defined in clause 9.1) driving the boat, absence of the nominated captain or 2nd-in-charge (as defined at clause 9.3) and disregard of local navigation rules and navigation limits.

13.6 During the booking process you will be provided with the option of either purchasing Le Boat Damage Liability Reduction (“DLR”) or paying a higher Damage Deposit at the base as set out below. You will not be able to proceed with your booking unless you agree to one of these options and by asking us to confirm your booking you are agreeing to comply with the content of this clause and make any required payment. If you elect to pay the higher Damage Deposit you may change your mind at any point up to departure and purchase DLR in place of the higher Damage Deposit.

13.7 We recommend that you purchase DLR upfront to reduce the value of the Damage Deposit payable at the base. DLR is an optional item and we reserve the right to change the daily rate at any time. You may elect to take DLR at any time up to departure but please bear in mind the daily rate can be change and you will be required to pay the prevailing rate as at the date you choose to take out the DLR. Our current rates are available at: www.leboat.com/travel-information/extras and will also be made available to you upon booking.

***For 2024 departures***

 

***For 2025 departures***

 

***For 2026 departures***

13.8 The Damage Deposit will be taken as a pre-authorisation on your credit card, at our base, prior to embarkation. If you fail to provide a payment pre-authorisation, we reserve the right to cancel your booking without further liability and without any right to a refund and you will not be entitled to continue with your vacation. A pre-authorisation means that instead of actually debiting funds from your card, we just put a temporary “hold” on the funds. We therefore recommend that you ensure you have sufficient funds in your account.

13.9 You will be asked to sign a form before embarkation confirming that you fully understand your obligations in the event of any loss or damage to the boat, ancillary equipment or third party property.

13.10 On return of the boat to the base following the charter and following inspection of the boat by our base staff, in the event that we are satisfied that there is no apparent damage to the boat on its return from you, without affecting any of our rights under clause 13.3, our base staff will cancel the payment pre-authorisation. Funds will become available in your account within 1-30 days of cancellation of a pre-authorisation depending on each individual bank’s process. Please note that any monies paid in respect of DLR are a non-refundable sum to reduce your Damage Deposit.

13.11 If we determine that there is damage to the boat, or incur any loss or direct costs we reserve the right to charge up to the full value of your Damage Deposit. Other than where damage occurs under clause 13.4, we may use all or part of the value of the Damage Deposit paid by you to repair any damage caused to the boat, or to make any payment towards any Third Party Claims, or its contents during the period of your arrangements, including without limitation the costs involved in lifting the boat for a full inspection to assess the damage to the boat.

13.12 In the event that the costs associated with losses or damages suffered by us as a result of any breach by you of these Terms and Conditions is less than the value charged to you, we shall refund the balance of the value of the Damage Deposit paid. This will be refunded as soon as reasonably possible after the damage to the boat has been repaired or the repair costs have been ascertained. This could take up to six months or longer depending on the nature of the damage.

13.13 In the event of any disagreement over damage or loss, we shall retain the full value of the relevant Damage Deposit paid by you until the matter is resolved.

 

14. Car transfers

14.1 Le Boat staff are insured to transfer cars between bases in all cruising regions where we have two or more bases (except Germany, Holland and Canada). We are unable to transfer cars heavier than 3.5 tons, cars with capacity of over 9 passengers, cars pulling trailers or caravans, campervans, motorcycles or red license plates. Car transfers are available for a charge, must be pre-booked before departure and are subject to availability.

14.2 Our base teams can transfer rental/lease cars, but you should check with your rental/leasing company first as the terms of your rental/leasing agreement may not permit this. If it is permitted, your rental/leasing company may charge you extra to add a member of our base team as a named driver. For operational reasons, we may not know the name of the driver until the week of your departure.

 

15. Visa, health, passport, travel documentation

WE CANNOT ACCEPT RESPONSIBILITY FOR ANY FAILURE BY A PASSENGER TO COMPLY WITH ANY TRAVEL DOCUMENTATION OR INNOCULATION REQUIREMENTS OR ANY COSTS OR FINES BEING INCURRED BY SUCH PASSENGER IN CONNECTION THEREWITH. PASSENGERS WHO ARE DENIED ENTRY FOR IMPROPER DOCUMENTATION/FAILURE TO PROVIDE REQUIRED INFORMATION OR FAILURE TO COMPLY WITH MANDATORY HEALTH REQUIREMENTS SHALL RECEIVE NO REFUND.

15.1 You are responsible for ensuring that you possess all the necessary documentation including passports and visas for your vacation. For all destinations, you should consult the appropriate consulate prior to booking. All passengers must have a valid passport for international travel. Many countries require passports to be valid for six (6) months beyond your stay. Visa and entry permits are required for many countries. Passports, visas and re-entry permits are the responsibility and cost of the passenger. We recommend that you check travel advisories and health and medical information for your destinations.

15.2 It is your responsibility to ensure that you obtain proper and detailed medical advice at least 2 months prior to travel for the latest health requirements, recommendations for your destination and any costs. We recommend that this is treated as minimum and you obtain this information before making any booking. You should check this information again within 14 days of travel. Where you do not do so and either are not allowed to enter any country, or suffer personal injury or death as a result, we have no liability to you for any cost, loss or damage which you suffer nor will we refund you the cost of any unused portion of your travel arrangements. Passengers with existing medical problems, pregnant women and anyone who has recently visited other countries should check any requirements with their general practitioner before placing a booking.

15.3 When assessing whether charters/vacations will operate, we use information from our local offices in conjunction with advice from the U.S. Department of States travel site and other relevant government bodies. It is your responsibility to acquaint yourself with the travel advice provided by these government bodies. For more information, please visit https://travel.state.gov/content/travel/for travel information regarding your destination country. Without prejudice to the above please bear in mind it is your responsibility to understand entry requirements for the destination. We are obligated to follow local laws and regulations, as are you.

 

16. Complaints and Assistance

16.1 If you have a complaint about any of the products or services included in your vacation and/or need assistance during your vacation, you must notify our local base without undue delay who will try to put things right. If it is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Services Department at customerservice@leboat.comor your travel agent giving your booking reference and all other relevant information. If you have a complaint about the vacation, you must still take all reasonable steps to minimise the disruption to your enjoyment of the vacation. This is called ‘mitigation of loss’. Your claim may not succeed or you may not receive compensation if you didn’t complain as soon as possible (on the spot) and give us every reasonable opportunity to put things right, within a reasonable time frame, or if you didn’t accept any reasonable attempts by us to sort out the problem at the time.

16.2 Le Boat has a breakdown service during normal working hours every day of the week. You shall be notified with the specific timings at the base before departure. We will endeavour to attend and repair a breakdown or technical incident as quickly as possible. You will have no claim against Le Boat for any failure caused by you including but not limited to grounding, and in such instances the Company reserves the right to recover from you the expenses which are incurred in rectifying the matter.

16.3 If you’re in difficulty whilst on vacation and ask us to help we will provide appropriate and proportionate assistance, in particular by providing information on health services, local authorities and consular assistance; and helping you to find alternative arrangements and any necessary phone calls/emails. You must pay any costs which we incur, if the situation is your fault and/or caused by your negligence.

 

17.Mediation/Arbitration

17.1 The parties hereto agree that any and all disputes and claims that each may have against the other that arise out of or relate to these Terms and Conditions and the vacation, including the breach, termination, enforcement, interpretation or validity of these Terms and Conditions, are governed in accordance with this agreement to arbitrate (the “Arbitration Agreement”), the scope or applicability of this Arbitration Agreement and the arbitrability of any and all of the above (collectively, “Disputes”), which are over $15,000, will be resolved in a binding, confidential, individual and fair arbitration process pursuant to this clause 17, and not in court. The only exceptions to this Arbitration Agreement are that Disputes of up to and including $15,000 shall be brought and determined in the Delaware Court of Chancery and any state appellate court therefrom within the State of Delaware (unless the Delaware Court of Chancery shall decline to accept jurisdiction over a particular matter, in which case, in any federal court within the State of Delaware) or, to the extent your Dispute or claim qualifies under applicable law, you may elect to proceed in small claims court.

17.2 Your booking evidences a transaction in interstate commerce, and thus the US Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement will survive termination of these Terms and Conditions.

17.3 If either you or the Company want to arbitrate a Dispute, you or the Company must first send by mail to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice of arbitration, the specific facts giving rise to the Dispute, the charter to which the Notice relates, and the relief requested. Your Notice to the Company must be sent by mail to Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware, 19801, USA. The Company will send any Notice to you at the contact information the Company has for the Lead Name or that you otherwise provide. It is the sender’s responsibility to ensure that the recipient receives the Notice. During the first 45 days after either party sends a Notice to the other, the parties may try to reach a settlement of the Dispute. If the Dispute is not resolved within those first 45 days, the party sending the Notice may initiate arbitration in accordance with this clause 17.

17.4 With respect to Disputes related to the non-charter portion of your vacation:

(A) Any arbitration between you and the Company will be conducted by the American Arbitration Association (the “AAA”) and will be governed by the AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available online at www.adr.org, or by calling the AAA at 1-800-778- 7879. The arbitration will be conducted by a single arbitrator. If you and the Company cannot agree on who that single arbitrator should be, then the AAA shall appoint an arbitrator with significant experience resolving the type of Dispute at issue. The arbitrator is bound by the terms of this Arbitration Agreement. A form for initiating formal arbitration may be found on the AAA’s website at www.adr.org (“Arbitration Form”). In addition to filing this Arbitration Form with the AAA in accordance with its rules and procedures, you must send a copy of this completed Arbitration Form to the Company.

(B) If you are seeking to recover $100,000 or less (exclusive of interest on the sum claimed, cost of arbitration and legal expenses), AAA rules provide that the Dispute should be resolved without a hearing, by submission of documents only. Either you or the Company may request a hearing, however, and be responsible for the fees associated with it. If the arbitrator recommends a hearing even if neither you nor the Company request one, the Company will pay the arbitrator’s fees associated with the hearing. If the claim is for more than $100,000 (exclusive of interest on the sum claimed, cost of arbitration and legal expenses), the manner and place of the hearing will be the State of Delaware, USA or as otherwise agreed by the parties or determined in accordance with the AAA Rules, Principles, and Guidelines.

17.5 Subject to the monetary thresholds set forth in clause 17.1 hereinabove, any Dispute that arises out of or relates to the charter portion of your vacation shall be referred to mediation under the Mediation Rules of the Society of Maritime Arbitrators, Inc. (SMA) of New York then in force. If the mediation does not result in a settlement, the Dispute shall be referred to arbitration before three SMA members under the Arbitration Rules of the SMA, one to be appointed by each of the parties and the third by the two so chosen. Their decision or that of any two of them shall be final and binding, and judgment upon such arbitration award may be made by a rule of a court of competent jurisdiction. The parties waive the right to rely on any state law or statute which creates an exception to enforcement of the requirement that disputes be resolved pursuant to arbitration in the manner set forth herein. Should the sum claimed under the Dispute not equal or exceed $100,000 (exclusive of interest on the sum claimed, cost of arbitration and legal expenses), unless otherwise set forth in clause 17.1, such Dispute shall be governed by the “Shortened Arbitration Procedure” of the SMA as defined in the SMA Rules for such procedure then in force. Such rules are available at www.smany.org

17.6 You and the Company agree to maintain the confidential nature of any mediation and arbitration proceeding and shall not disclose the fact of the proceeding, any documents exchanged as part of the proceeding, the Arbitration Agreement, the arbitrator’s decision and the existence or amount of any agreement or award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or court order.

 

18.Exclusive governing law and jurisdiction

18.1 These Terms and Conditions and any Disputes, actions and legal proceedings whatsoever shall be governed exclusively, in all respects, and without regard to conflict of law principles, by the laws of the State of Delaware, USA.

18.2 In connection with any action or legal proceeding arising out of these Terms and Conditions, the parties hereby specifically and knowingly waive any rights that either party might have to demand a jury trial.

18.3 These Terms and Conditions provide for the exclusive resolution of Disputes through individual legal action on the passenger’s own behalf instead of through any class action. Even if the applicable law provides otherwise, you agree that any legal action against the Company whatsoever shall be litigated by you individually and not as a member of any class or as part of a class action, and you expressly agree to waive any law entitling you to participate in a class action.

18.4 The invalidity or unenforceability of any part of these Terms and Conditions, or the invalidity of its application to a specific situation or circumstance, shall not affect the validity of the remainder of these Terms and Conditions, or its application to other situations or circumstances. Any provision of these Terms and Conditions held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.

18.5 Except as otherwise expressly provided to the contrary, these Terms and Conditions are for the benefit of you and the Company. These Terms and Conditions shall be exclusive of any advertising, marketing or other sales literature or activities of the Company and nothing contained in any of such materials shall be construed to create any rights as a result of or in connection with these Terms and Conditions.

18.6 Any incident or accident resulting in injury, illness or death to you or anybody else travelling as part of your group must be reported immediately to the Company. The Company shall not be liable for claims, actions, or losses for bodily injury, emotional injury or distress, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during your vacation and any activities conducted in conjunction therewith, unless full details in writing are given to the Company, within 185 days after the date of the event giving rise to such claim. Suit to recover on any such claim shall not be maintainable unless filed within one (1) year after the date of the event giving rise to such claim and unless served on the Company within 120 days after filing. You expressly waive all other potentially applicable state or federal limitation periods.

18.7 The Company will not be liable for any other claim, including but not limited to claims relating to a passenger’s baggage, any alleged violation of civil rights, discrimination, consumer or privacy laws, or other statutory, constitutional or legal rights, or for any losses, damages or expenses relating to or in any way arising under, in connection with, or incident to this ticket or the charter, other than for injury, illness or death, unless a detailed written claim is presented to the Company within 30 days of the date of the claim or alleged loss. Suit must be filed within 6 months after your arrival at the final port of the charter, or in the case of non-arrival, from the date on which you should have arrived. Any such lawsuit must be brought by or on behalf of the individual passenger concerned.

18.8 If a written claim is not made and suit is not filed within the time frame set forth above, then you waive and release any right you may have to make any claim against the Company arising under, in connection with, the incident.

18.9 All written notices to the Company required or permitted by these Terms and Conditions must be mailed, postage pre-paid to Mariner International Travel, Inc. at Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware, 19801, USA.

 

19.Consumer protection/seller of travel:

The Company is a member of the United States Tour Operators Association and is fully covered by its Consumer Protection Plan. As an active member of the USTOA, the Company is required to post $1 Million with the USTOA. This amount is to be used to reimburse, in accordance with the terms and conditions of the USTOA Travelers Assistance Program, the advance payments of Le Boat’s customers in the unlikely event of Le Boat’s bankruptcy, insolvency or cessation of business. Complete details of the USTOA Travelers Assistance Program and a list of affiliates may be obtained by writing to USTOA at 345 Seventh Ave., Suite 1801, New York, New York 10001, or by e-mail to information@ustoa.com or by visiting its website at www.USTOA.com.