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TERMS & CONDITIONS - 2009
About Us: AVA is the trading name of Rule
26 Ltd . Your satisfaction from the viewing of our facilities on
the web site to the holiday course itself is important to us. If
you have any suggestions or comments please email us using the link
on the booking page. Please read carefully the Booking Conditions
and information as these form the basis of your contract with Rule
26 Ltd t/a AVA (hereon referred to as AVA) and set out the respective
rights and obligations of both parties. In the following Booking
Conditions 'you' means the Party Leader and 'we' or 'the Company'
means AVA. Our Contact details: AVA , 1e, Mercury Yacht Harbour,
Hamble Southampton Hampshire SO31 4HQ, United Kingdom Phone: 02380
458173, Fax: 02380 458173, Mobile: 07918 699 238, Email: info@spainsail.com
Making A Booking :Booking a
course or holiday could not be easier. Just browse our site and
make a note of any course, accommodation or hire that interests
you in the 'booking quote'. After you have finished your selection,
we will contact you to help. We will discuss your options before
final confirmation. At no stage do we want you to feel that the
'web' has taken over the personal service we desire to offer. Once
you have booked and paid the deposit, within 7 days we will issue
a Confirmation of Booking followed by our invoice. A contract will
then exist between us. We have included this term to protect us
in case a mistake has been made in pricing, we have inadvertently
under-priced courses, or we are no longer able to supply a particular
service or accommodation for some reason. In the case of a change
of price, we will always contact you first to ensure that this is
acceptable. Provisional bookings will be held for a MAXIMUM of 7
days. During 'High Season' this is reduced to a MAXIMUM of 3 days.
Payment:-
Can be made by i) BIC transfer direct to our Euro Business Account
at Barclays Bank Plc,Southampton Group, PO Box 2, Southampton SO14
2SB. Sort Code: 20-79-29, Account Number: 63372288, Account Name:
Rule 26 Ltd, in euros, ii) by direct transfer to our sterling account
at Barclays Bank PLC, Sort Code :20-63-66, Account Number: 80372072,
Account Name: Rule 26 Ltd, or iii) by debit or credit card. We
accept most credit & debit cards including Visa and Mastercard
but this will incure a small surcharge depending on the card used.
All transactions will be priced in Euro's at the exchange rate
pertaining to the time of the financial transaction. If you are
booking from North America or anywhere else, place your booking
and your credit card company will convert the transaction to US
Dollars or your own currency. We require 25% on booking and the
balance 60 days before the start of your holiday course. If paid
by credit card, we will take the balance from the same card unless
otherwise notified. You may send your credit card information via
phone, fax or snail mail. Direct transfer details are as above.
Cancellations: You or any member
of your party may cancel your booking at any time. Written notification
from you (the Party Leader) must be received at our office. To cover
our expected losses there are a set scale of charges which apply
as follows;The date of cancellation is the date of the receipt of
written advice to the Company's office in Hamble. NOTE: if the reasons
for your cancellation are covered under the terms of your insurance
policy, you may be able to reclaim these charges i.e. necessary
cancellation due to injury or illness etc. Cancellation charges
are payable as follows: more than 60 days Deposit only 60 - 32 days
50% of the cost of the booking 31 - 18 days 75% of the cost of the
booking 17 days or fewer 100% of the cost of the booking
Alterations The Company will,
wherever possible, try to arrange any alterations, you may request
after the contract is formed. Alteration requests must be made in
writing to the Company by the Party Leader. Major alterations within
21 days of departure date (such as change of departure date) will
be treated as a cancellation and re-booking. Any new persons added
to the booking will be treated, for the purposes of these terms
and conditions, as if they had been named on the booking form when
originally signed. Any persons removed from the booking form will
be treated as cancellations .
Company alterations:
The arrangements detailed in this booking and in our brochure are
given in good faith at the time of printing, but we reserve the
right to provide comparable alternative arrangements if operational
or other considerations so dictate. No employee or representative
of this Company has the authority to verbally vary these terms and
conditions or the information within our brochure, other Company
literature or to enter into verbal agreements with clients of the
Company. No variation in these conditions or otherwise in the terms
upon which a booking is made and no promise to refund money paid
to the Company shall be valid unless in writing and signed by a
Director of the Company. If we make a major change to your booking,
we will inform you as soon as reasonably possible. You will have
the choice of either accepting the change of arrangements or cancelling
your booking and receiving a full refund of all monies paid.
Force Majeure, Restrictions, Liability
Force majeure - The Company reserves the right to cancel/curtail
your holiday due to circumstances amounting to Force Majeure - these
include, but are not limited to, war, riots, government action,
terrorism, fire, weather conditions, strike action and all similar
events outside the Company's control which prevent or effect the
Company's contractual obligation. Where such circumstances occur
the Company will not be liable to pay you refunds or compensation.
Restrictions - Dipronautica and its staff are responsible for the
safe conduct of your holiday and may vary the itinerary to that
end. They alone shall decide whether or not the watersports activities
are available or conditions are safe to use a particular craft.
It is not permitted for any AVA craft to do night sailing or partake
in any third party race without the prior written approval of the
Company. All waterbased activities are offered subject to availability.
The Company cannot be held responsible for loss of use of watersports
equipment due to adverse weather conditions.
Company liability
- The Company accepts responsibility should any of the services
which we are contractually obliged to provide prove deficient or
not of reasonable standard. This includes responsibility for the
acts or omissions of any of our employees, subcontractors and suppliers.
Save that as detailed below, no liability is accepted for death,
injury or illness. The Company does not accept liability or responsibility
for personal injury to, or the death of any participant how-so-ever
caused unless by the proven negligence of the Company, employees,
suppliers or subcontractors. In addition, the Company is NOT liable
for death, injury or illness caused by an activity outside of the
Company's activities. The Company cannot accept liability for causes
of dissatisfaction which are not notified to us, in writing, within
28 days of completion of the holiday.
Authorisation & Termination
The Party Leader authorised to make bookings, is responsible for
seeing that all members of their party are physically fit to take
part in the course or watersports activities and can swim 50 metres
in light clothing. All adults accompanying a party agree to be responsible
for the good behaviour of children in their party and will adequately
supervise their own party. Where damage is caused to the Company's
equipment e.g. boats, accommodation, etc as a result of wilful damage
by a party member under the influence of drink or drugs, or as a
result of a party member not obeying the Company staff's instructions,
then the person will be responsible for the full amount of the repair
or replacement. The Party Leader is responsible for providing (on
the Booking Form) the Company with any known potential medical conditions
that may affect the personal safety of any party members and for
notifying the Company in writing of any special needs of any party
members.
Termination of booking:
We reserve the right in our absolute discretion to terminate without
further notice the booking arrangements of any client who refuses
to comply with the instructions or orders of the Company staff or
other responsible person whose behaviour in their opinion is likely
to cause distress, damage, danger or annoyance to other clients,
staff, any third arty or to property. Upon such termination our
responsibility for your booking ceases and we shall not be liable
for any extra costs incurred by you.
Complaints Our aim is to give
you an enjoyable and trouble-free holiday. If you do have a problem
or complaint it is important and in your own interest to tell a
relevant member of AVA staff immediately so that steps can be taken
to resolve the matter on the spot. If your complaint cannot be resolved
there and then, please complete one of our Client Liaison forms
at the centre and notify us, in writing, immediately upon your return.
We strongly recommend that you communicate any problem to our centre
staff without delay and complete a report whilst at our centre,
if you do not, we will have been deprived of the opportunity to
investigate and rectify your complaint whilst you were on holiday
and this may affect your rights under this contract.
Reaching Us If you need to reach us, please email us using the link
on the store page, alternatively, you can call on 02380 458173 (International
+44 2380 458173) or fax us on the same number. or write to us at
1 Mercury Yacht Harbour, Hamble , Hampshire SO31 4HQ United Kingdom
Privacy Policy AVA do not disclose
buyers' information to third parties other than when order details
are processed as part of the order fulfilment. In this case, the
third party will not disclose any of the details to any other third
party.
Main Insurance Cover We strongly
recommend that you are insured for your holiday. it is your responsibility
to ensure that your policy includes cover for cancellation, emergencies
and the watersports activities in which you will be participating.
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