The following conditions form part of every contract for sailings provided by Milebuilders “the Company” and by submitting a booking request to the company you are confirming your acceptance thereof.
1. Booking
1.1 Applications should be made on an application form, accompanied by a non refundable deposit. If applying after the first scheduled payment date or the final payment date then the first payment or full payment should also be included.
1.2 Milebuilders reserve the right to refuse an enrolment, if, in its opinion a person is deemed to be unsuitable. The decision is final and Milebuilders or its staff are not obliged to provide a reason for its decision. Should an application be refused the deposit will be refunded in full.
1.3 A Booking confirmation will be issued following receipt of the booking form and the deposit fee. No contract will exist between you and the Company until a Booking confirmation is issued.
2. Prices and payment terms
2.1. Prices for the sailing booked, and the related payment schedules, are shown on the Company’s website: www.milebuilders.co.uk and are available from the Company during normal office hours. These prices, all of which are inclusive of VAT, are subject to change at any time.
2.2. In the event that any fees due remain unpaid within 7 days of the date by which the Final Payment was due, Milebuilders reserves the right to cancel your booking without any obligation to give you notice thereof. You will thereafter be liable for the appropriate cancellation charge in accordance with conditions set out in the relevant sailing information.
2.3. United Kingdom Value Added Tax has been included in the prices quoted to comply with HM Customs and Excise regulations currently in force.
3. Insurance
3.1. Milebuilders strongly advise that you have adequate insurance for your personal belongings and accident cover and you should maintain full insurance cover throughout the period covered under the booking.
3.2. Prior to leaving for the sailing and dependant on which booking you have made Milebuilders strongly advise you to be sure you have adequate medical coverage for the areas we will be visiting. This will usually only require a European medical card but for commercial delivery customers this may not be enough. Please call if you are unsure and we will advise accordingly.
4. Amendment and cancellation by you
4.1. Milebuilders will make every effort to assist you if you wish to alter any previously agreed arrangements. Requests must be made in writing and signed by the signatory of the booking form, or by email.
4.2. All cancellations must be advised in writing and signed by the signatory of the booking form. Written cancellation notices should be sent to Milebuilders, 64 Lynton Terrace, Cardiff. CF3 4BS. Recorded delivery is strongly recommended. Cancellations are effective on the day they are received by Milebuilders.
4.3. Cancellation charges will be made in accordance to the stated booking and information sheets relevant to the type of course/race/cruise to which you are booked.
5. Amendment and cancellation by Milebuilders
5.1. Milebuilders makes every effort to operate its sailings as advertised but it may very occasionally be necessary to modify a sailing before you depart. If the modification is significant in that it substantially undermines the course for which you have contracted, Milebuilders will notify you as soon as practicable and offer you the choice to accept the modification or cancel and receive a full and prompt refund. If there is a minor modification before you depart Milebuilders will try to notify you although it is not obliged to do so, nor is it obliged to pay any compensation.
5.2. If Milebuilders becomes unable to provide a significant element of your booking after it has commenced, suitable alternative arrangements will be made for you at no extra charge to you or, alternatively, you will be returned to your point of departure and given a refund which Milebuilders in its sole discretion considers appropriate to the circumstances.
5.3. Milebuilders reserves the right to cancel your sailing prior to final payment date should minimum numbers not be reached. However, it guarantees that it will not do so for any reason other than force majeure after the date on which the final payment is due. “Force majeure” means unusual and unforeseeable circumstances beyond Milebuilders control, the consequence of which neither Milebuilders nor its suppliers could avoid, including, but not limited to, war, threat of war, riot, civil strife, terrorist activity, (actual or threatened), industrial dispute, technical problems with transport, machinery equipment, power failure, natural or nuclear disaster, fire, flood or other adverse weather conditions. In the event of a cancellation due to force majeure, Milebuilders will use reasonable endeavours to arrange an alternative sail of a comparable standard. In the event of a cancellation due to force majeure, the company undertakes to give an appropriate refund having regard to the circumstances.
6. Responsibilities of Milebuilders
6.1. Whilst Milebuilders takes all reasonable precautions to prevent accidents or injury, you acknowledge and agree that some of the activities you participate in on the sailing carry a risk of accident and injury. You undertake not to take any unreasonable risks, and you accept that if you do, then you are responsible for the consequences of your own actions.
6.2. Milebuilders will make all reasonable checks to ensure that those involved in the preparation and provision of its sailings have the appropriate qualifications.
6.3 Descriptions, information and opinions given in the Company’s literature and on its website in respect of the airlines, accommodation and other suppliers whose services are used are given in good faith, based on the latest information available at the time.
6.4. Milebuilders will be under no liability whatsoever if you suffer loss, death or personal injury where there has been no fault on the part of Milebuilders or its employees, agents or suppliers and the loss, death or personal injury suffered is attributable to your own acts or omissions or to the acts or omissions of a third party not involved in providing the services which make up your booking, or to unusual or unforeseeable circumstances or events which could not have been anticipated or avoided by Milebuilders or its employees, agents or suppliers even with the exercise of all due care. Milebuilders liability to compensate you and the amount of such compensation is subject to the following limitations:
6.4.1. In the case of damage other than death, illness or personal injury, compensation is restricted to a reasonable amount having regard to such factors as, inter alia, the booking cost and the extent to which the enjoyment of your sail can be said to have been affected.
6.4.2. In all cases, liability and compensation are limited in accordance with the provisions of all international conventions.
6.4.3. If you suffer death, injury or illness during your sailing arising out of an activity which does not form part of the inclusive arrangements booked with Milebuilders, Milebuilders will offer assistance where appropriate and in its sole discretion. This assistance must be requested within 90 days of your misadventure and will be limited to general advice and/or assistance.
7. Your responsibilities
7.1. You are responsible for advising Milebuilders of details of any medical condition or allergies that you have suffered prior to the commencement of the sailing and of any medication that you are on that may adversely impact you while on board. In the event that Milebuilders in its sole discretion considers that these conditions are likely to create an unreasonable burden on the efficient conduct of the sailing, Milebuilders has an absolute right to cancel your booking, in which event the cancellation provisions above will apply.
7.2. You are responsible for advising Milebuilders should you have a criminal record or have any pending criminal charges against you. Should either of these circumstances apply, Milebuilders has an absolute right to cancel your booking, in which event the cancellation provisions above will apply.
7.3. General information concerning passport, visa and health requirements applicable to your course will be sought from you following receipt of your booking form. It is your responsibility to obtain all documents required for your booking, to ensure that these are in proper order and to take them with you. Milebuilders will not be liable if you fail to do so and you will be responsible for meeting any additional costs incurred by reason of such failure.
7.4. You are responsible for checking-in for flights at the correct time and for presenting yourself to take up all pre-booked components of your booking. Milebuilders cannot accept responsibility for missed flights as a result of late check-ins and no credit or refunds will be given if you fail to take up any component of your booking. No credit or refund will be given for lost, mislaid or destroyed travel documents.
7.5. You will be expected to comply with Milebuilders code of behaviour. Refusal to adhere to the code can result in your being required to leave the vessel. In this event, (1) you undertake to leave the vessel and (2) you accept that you will not be entitled to any refund in respect of the cost of the booking.
7.6 You are responsible for looking after the vessel in which you will live. In the event of damage being inflicted on the vessel, then you and the other participants occupying the vessel will be required to pay pro rata for the damage sustained.
8. Skippers Instructions
8.1. You will be required to follow the instructions laid down by your skipper and mate at all times. Failure to do so will result in you being put off the vessel in the nearest port. In this event Milebuilders will not pay compensation and you will become responsible for your travel costs from the point of expulsion.
9. Excursions
Please note that, when you book an excursion locally, your contract is with the local company providing that excursion and not with Milebuilders. Milebuilders has no legal liability for anything that goes wrong on such an excursion and any claim which you might have arising out of the excursion will be against the local supplier and be subject to its terms and conditions.
10. If you have a problem
10.1. If you are unhappy with any aspect of Milebuilders arrangements while on your sailing, you must address your complaint immediately to a Milebuilders senior local representative. If the problem cannot be resolved locally and you wish to complain, full details must be sent to the Milebuilders office in the UK in writing to arrive within 14 days of the problem arising. Failure to take either of these steps may deny Milebuilders the opportunity to resolve the problem immediately and/or investigate it properly. In consequence, this may affect your rights under your contract with Milebuilders.
10.2. In the rare event of a dispute which cannot be settled amicably, it may (if you wish) be referred to arbitration under a scheme which, though devised by The Association of British Travel Agents, is independently administered by the Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of arbitration of small value disputes on documents alone, with restricted liability in respect of costs. Application for arbitration under this scheme must be made within six months of the date of return from the sailing but, in special circumstances, it may be offered outside this period.
11. Literature descriptions
Milebuilders literature is produced many months in advance. Every effort is made to ensure that the details, description and prices contained within are correct, based on inspections and information passed to Milebuilders by its suppliers. However, changes do occur, sometimes at short notice. Our website contains the latest available information.
12. General
12.1. The contract to which these conditions apply and any matter arising from it are governed exclusively by the laws of England and Wales.
12.2. Unless expressly provided otherwise, no person who is not a party to a contract to which these conditions apply shall acquire any rights there under by virtue of the Contracts (Rights of Third Parties) Act 1999.
