SLOAN KIMBALL LLC

Student/Passenger:

Any payment made for this class/trip will act as your acceptance of these Terms and Conditions and creates a contractual relationship between the Company and you, the student or passenger of the yacht provided by the Company. 

Itineraries and Guest Information

To ensure all guests are aware of important information regarding your class/trip, You must promptly inform us of any changes to guest details.

Default and Cancellation Policies

IF YOU CHANGE OR CANCEL YOUR BOOKING - YOUR RIGHT TO REFUND IS LIMITED.

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

Any payment made to secure your booking is non-refundable.

A 50% deposit is required to reserve your spot for your class/trip.

The entire balance on your account is due no later than 91 days prior to day one of your chosen class/trip. If your balance is not paid before or by the due date indicated on your invoice you will be considered in default and you will forfeit your spot, and your deposit will not be refunded.

If we change or cancel your charter

The arrangements for your class/trip 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.

We also reserve the right to recall the class/trip due to Force Majeure Events (as defined below). For the avoidance of doubt compensation will be arranged in the event of cancellation due to Force Majeure in the form of an alternative and equal value trip.

We strongly recommend that you do not make travel arrangements to your point of departure or make any connecting travel that is non-refundable or non-changeable or incurs penalties or costs in respect of visas or vaccinations until such time as your travel itinerary has been confirmed on your departure documents. 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. 

We reserve the right to refuse to accept a Passenger or remove a Passenger from a class/trip if that Passenger violates any rule or law, or, in our sole discretion, is found to have been disruptive to others, or constitutes a danger to themselves or others. Any Passenger so removed will be responsible for any/all expenses incurred in the removal or termination, which include, without limitation, hotel accommodations and a return flights. The removed Passenger will not receive any refund for the remaining portion of the class/trip. If the skipper of a yacht or any of our staff or agents, or those staff or agents of the company with which we are contracted, in his/her reasonable discretion, believes that a passenger is disruptive or suffering from a contagious disease, they can also refuse to let such passenger proceed with the class/trip, disembark the Passenger from a boat or aircraft, or remove the Passenger from an accommodation or excursion/activity. 

In the event of limited bookings

We, in the event of limited bookings for a given trip, reserve the right to cancel the trip. We have a minimum of two cabins that must be booked by at least 120 days prior to the departure date. Should this happen, we will be in communication with anyone who has booked and will do everything possible to make alternative plans. If we are unable to do so, anyone already booked for that trip will be issued a full refund.

Our Liability, Conditions of Carriage and Limitations

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 caused to or suffered by any person or their property, howsoever arising, which may occur or be incurred by any organization or person, 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 agree that if you purchase any optional activities that are not part of your pre-booked class/trip itinerary (including, without limitation, shore excursions and tours, however conducted, airline flights and ground transportation), these activities are operated by third party independent contractors; the contract for the provision of that activity will be between you and the third party provider for such activity; the Company neither owns or operates the third party supplier; and accordingly, you agree to seek remedies directly and only against the third party supplier and not hold the Company responsible for their acts or omissions. 

You understand and acknowledge that your travel on the yacht 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. You also recognize and acknowledge that risk and dangers may arise from foreseeable and unforeseeable causes, including weather and other acts of nature. You fully understand and acknowledge that the risks, dangers and hazards are possible in connection with recreational activities which may take place during the class/trip of the yacht, and that you are willingly and knowingly electing to sail on the yacht in spite of such potential risk of danger. 

The Company is not liable for injury, illness or death of any Passenger unless directly caused by the negligence of willful 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. 

The Company’s maximum liability, for any reason whatsoever, will be limited to the amount paid by you to the Company for the class/trip. 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. 

In the event medical care becomes necessary on your class/trip, you may be hours or days travel 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 may not have the same training as medical personnel in your home country. You further acknowledge that an emergency evacuation may be unavailable, expensive, and delayed at your yacht location, and that the medical facilities and attention available aboard the yacht are limited. Decisions are made by the Captain/instructor and Company staff based on a variety of perceptions and evaluations of the situation at hand. Participant understands and agrees to abide by these decisions. 

You agree that no suit may be maintained against the Company for emotional or physical injury, illness or death, unless written notice of the claim, including a complete factual account of the basis of such claim, is delivered to the Company within 185 calendar days from the date of the incident giving rise to such injury, illness or death; and no suit shall be maintainable unless commenced within one (1) year from the day of the incident giving rise to such injury, illness or death, notwithstanding any provision of law of any state or country to the contrary. 

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 booking conditions. 

Force Majeure: Without limitation, We are not responsible for, and no refunds will be given for, delays or cancellation of all or part of your trip due to causes or circumstances beyond our responsibility or control, including but not limited to act of God; perils of the sea, harbors, rivers, or other navigable waters; act of any governmental or ruling authority; epidemic; collision; stranding; fire; war; hostilities; riots; strikes or labor stoppages; or any other cause or circumstance beyond our 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 government 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 fulfill its obligations under these Terms and Conditions

Visa, Health, Passport, Travel Documentation

You are responsible for ensuring that you possess all the necessary documentation including passports and visas for your class/trip. For all destinations, you should consult the appropriate consulate. 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. 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 RECEIVE NO REFUND. 

In the event a U.S. or government agency issues a full ban on travel to your destination, we reserve the right to offer alternative destinations or issue travel credit in lieu of a refund. There will be no refunds due to fear of travel from actual, threatened, or perceived violence or terrorist events. 

When assessing whether class/trips will operate, we use information from the charter company with whom we are contracting, 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 the government website at https://travel.state.gov/content/travel/en/international-travel/International-Travel-Country-Information-Pages.html and https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.html for 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, and such local laws and regulations may include, but not be limited to, requiring you to self-isolate on-board the Yacht should you develop any symptoms of COVID-19. Please check the U.S. Department of States travel site for requirements for your destination – these could change at any time and without notice. Should you be required to self-isolate on the Yacht then you will be liable to us for the ongoing class/trip of the Yacht at the rate of your confirmed booking and any other costs we incur in accommodating you beyond the date of your booking. 

Miscellaneous

All additions or modifications to these Terms and Conditions must be made in writing and must be signed by all parties. 

These Terms and Conditions and performance hereunder shall be governed by the laws of the state of WASHINGTON and without regard to conflicts of laws.  Each party hereby agrees any litigation arising from or relating to these Terms and Conditions shall be in an appropriate state or federal court located in the state of WASHINGTON.