Terms and Conditions
The Terms and Conditions which are published on our website supersede those in any booking confirmation or elsewhere.
Contract
The following Terms and Conditions form the basis of your binding contract with Jersey Seafaris Limited. This binding contract comes into existence when we dispatch our booking confirmation email to you (the person who makes the booking). Please read them carefully as they set out the respective rights, obligations and responsibilities for both parties.
Definitions
In these Terms and Conditions, "you" and "your" means the lead name on the booking (including anyone who is added or substituted at a later date). "We", "us" and "our" means Jersey Seafaris Ltd.
“Scheduled trip” means a trip which has been published by us for the general public to view and book via our website.
“Private charter” means a trip which is booked by us, for you, where you have paid for the entirety of the vessel. A private charter will not be published on our website.
General
Once you (the lead name on the booking) have received a booking confirmation from us, you agree to take full responsibility on sharing the following Terms and Conditions to the group who will be taking part in the trip, ensuring that all persons are aware of the following:
Physical capabilities
You must be physically fit enough to board our vessels by stepping up or down 60cm. In some circumstances, whilst operating offshore and when slipways or piers are not accessible, there will be a small ladder used. If you are not confident using a small ladder, you are entitled to stay onboard until you return to Jersey.
You must be able to sit unaided in an upright position, have full control of your head and upper body and be able to grip any rails or handholds securely; you must also be able to brace yourself with your legs and feet.
Physical assistance
If you have a disability which requires physical assistance, you must be accompanied by at least one helper who is aged 18 or over, who must be able to provide you with any requisite assistance in the event of emergency or evacuation procedure.
Health
All boats can experience unpredictable movements that could aggravate existing medical conditions.
You must be in good general health and confident that the activity is within your abilities.
You must make us aware, in writing, during the booking process, or anytime before the start of your trip, of any injuries, illnesses and/or medical conditions that are likely to affect your health and/or safety during the trip.
Without exception, we cannot take you onboard if you are suffering with back, neck or heart complaints.
Without exception, we cannot take you onboard if you are pregnant.
Acceptance of Risk
The decision to undertake our trips and the consequences of doing so are entirely at your own risk. We do not accept any liability for personal injury, or injury to others and/or loss or damage (except through gross negligence).
Injury or incidents
You must immediately declare to a skipper any incident or injury that arises whilst onboard our vessels. We will then, at the earliest convenience, fill out and log an incident report form, which will be sent to you via email.
Failure to immediately declare an incident or injury to a skipper negates any liability in respect of future claims against us as these can not be substantiated.
To mitigate risks we have conducted a full risk assessment for our operation. We also have a Safety Management System to ensure we provide you with the level of care and safety appropriate for the activity. Extracts of these documents are available on request.
Booking details
You must be at least 16 years old to make a booking with us.
You may make a booking with us via our website, email or telephone.
You must provide us with a valid mobile phone number and email address with every booking.
Your details will be used in order for us to contact you in the event of any changes to your trip.
We will not be held liable if you incorrectly input details causing you to miss a trip.
Payment for scheduled trips
Bookings must be paid in full at the time of booking. If you do not receive a booking confirmation email after payment it is likely that your details have been submitted incorrectly, please contact us via email.
Payment for private charters
Full payment or a 30% deposit is due within 15 days of receiving a booking confirmation, any final payment must be made at least 2 weeks prior to your charter.
Once we have received payment and your group details we will confirm with you via email with a booking confirmation.
Our preferred payment is by Bacs (bank to bank transfer). Alternatively, we accept cash, cheque and card payment over the phone.
Cheques should be made payable to: Jersey Seafaris Ltd, St Catherine’s Breakwater, St Martin, Jersey, JE3 6DD
Your booking will not be secured until you have received a booking confirmation email from us.
French Trips
All passengers travelling to France must have in their possession a valid passport for travel, available for inspection upon request.
All passenger’s details shall be provided by you, for French customs, at least 7 days before travel by completing our online Passport form
Failure to provide passport details at least 7 days before departure may result in passengers being unable to travel to France - if this is the case you will not receive a refund or credit and will not be moved onto another trip.
Children and safeguarding
A child is someone who is aged under 16 years old on the day of your trip.
A child who is under the age of 16 must be accompanied by an adult who is at least 18 years old.
A booking with more than 6 children requires you to have at least 2 adults, aged 18 or over, to accompany them at all times, unless we have granted you permission by email confirmation.
Trips to France - In addition to their own valid passport, all children travelling with adults who are not their legal guardian will need an extra official document (click here) signed by their parents, second parent or legal guardian(s) authorising them to travel.
Minimum age on scheduled trips
A child must be a minimum age of 4 years old on the day of your trip, unless we have granted you permission by email confirmation.
Minimum age on private charters
Children must be a minimum age of 3 years old on the day of your trip, unless we have granted you permission by email confirmation.
Cancellation by you for scheduled trips
Cancellation more than 7 days before the trip - You will receive, either, a refund of any deposit or payment already made less a 10% fee to cover administration costs and banking charges, or, full credit towards a future trip.
Cancellation 4 to 7 days before - You will not receive a refund, the total cost will be credited to your account.
Cancellation 3 days prior to your trip - You will not receive a refund, no credit will be issued to your account.
Cancellation by you for private charters
Should you or any member of your group need to cancel your chosen trip after it has been confirmed; email is acceptable, but requires confirmation from us of email receipt.
Cancellation over 30 days before the trip - You will receive, either, a full refund less a 10% fee to cover administration costs and bank charges, or, full credit towards a future trip.
Cancellation 14-30 days before the trip - You will receive a refund less the 30% deposit paid. Or full credit towards a future booking
Cancellation less than 14 days before the trip - You will not receive a refund, no credit will be issued to your account.
Cancellation by us
We reserve the right to cancel or alter a trip if;
Weather conditions are unfavourable
Minimum passenger numbers are not reached
Our vessel/s have sustained electrical, mechanical or structural failure
We have encountered logistical or technical issues
We have been confronted with circumstances that are beyond our control
We will endeavour to contact you as quickly as possible once a decision has been made.
You will be offered a suitable alternative date or trip or credit (valid for 18 months) or a full refund.
Vouchers and Credit
Please note that vouchers are non refundable but are valid for 18 months from the date of purchase. If you have a voucher for a specific seafari but it is unavailable, fully booked or you wish to do a different seafari you may transfer the value of the voucher for another seafari, please contact us.
In the event that a voucher is used towards a trip and that trip is cancelled, you will be credited the value of the voucher. In this instance the credit will be non refundable and valid for 18 months from the date of cancellation.
In the event that your trip has to be cancelled, you may choose to have credit on your account, this credit is valid for 18 months and may be refunded at any point before it expires.
Vouchers and credit may occasionally be extended from time to time, but only under extenuating circumstances and at the discretion of a director of the company.
The right of refusal
We reserve the right to refuse passage to any person, who in the opinion of the vessel's skipper, is unfit or unable to travel, or deemed to risk the safety protocols, or operational feasibility, of the vessel.
You are expected to comply with all reasonable requests made by the skipper or a crew member. If you do not sufficiently meet these requests, we reserve the right to prevent you from boarding our vessel/s.
If you have been refused passage by any of our skippers or crew. you are entirely responsible for finding accommodation and/or alternative travel back to Jersey.
A refund will not be provided if you have been refused passage. In such events, company management and the coastguard will be informed.
Our skippers have absolute discretion whether or not to allow you to board our vessels.
Photography
Occasionally we or other authorised parties will carry out photography/video recording during a trip which may feature customers.
By accepting these terms and conditions, you agree that we or any authorised party may use such images in any promotional, advertising or publicity material. You further agree that copyright in these materials rests with us or such authorised party. If you do not wish to be photographed, please tell us during the booking process.
Please adhere to any specific code of conduct for drone usage.
Where you have requested that we use your photographic equipment we will not be liable for any damage or loss incurred as a result.
Clothing and Safety Equipment
We recommend you “dress for the weather” bearing in mind that you are going on an open boat that is exposed to the elements. We will offer you a sailing jacket (and where necessary waterproof trousers) which you may or may not wish to wear. The life jackets provided must be worn at all times whilst on our vessels.
We will provide you with a full safety briefing prior to your departure from the harbour. If life jackets are manually inflated and/or damaged with intent and where no emergency has taken place, you will be charged at £40.00 per life jacket. The equipment which we provide you must be removed and returned to us at the end of your trip. You will be charged for any items of equipment that are missing at the end of the trip.
We cannot accept liability for damage or loss of any of your personal belongings whilst on any trip, or from the departure or arrival point of any trip.
Late arrivals
As written on your booking confirmation, you must arrive at least 15 minutes before the start of your trip. If you are not present upon check-in for your pre-booked trip we will endeavour to contact you, using the details you have provided,If you miss your scheduled departure you will not be eligible for a later booking or a refund. We cannot wait for late arrivals as this creates difficulties for other customers.
If you are late for the meet time in France, it may result in the boat returning to Jersey without you. You will be responsible for finding accommodation and/or alternative transport back to Jersey and any costs incurred.
Data Protection
To book a trip with us, we will need to collect information about you to deal with your booking as smoothly as possible. This information may include details such as your name, address and your credit card details. We disclose your information to third parties only for the purpose of completing your transaction with us. When you browse our website, we do not collect personal information about you. The only way we collect any kind of personal information is if you give it to us. We may use your information to contact you with details of other products and services offered by us. If you would prefer your information not to be used in this way, you should inform us of this.
Insurance
You are covered by our public liability insurance whilst you are on-board the boat only. During a trip, once you go ashore, at any of our destinations, you are no longer covered by our insurance.
We strongly recommend adequate travel insurance to be a prerequisite to booking. We cannot be held liable for any personal injury, loss, or damage, whilst you are onshore or in the water, at any of our destinations.
Smoking
Smoking, including e-cigarettes, is strictly prohibited on all our vessel’s.
Managing agent
On occasion we may act as a managing agent for larger group bookings where boats may be supplied by alternate companies. In this instance you will be covered by their insurance, duty of care and terms and conditions. We will not be liable for third party bookings.
Complaints and feedback
Should you wish to make a complaint, it should be brought to the attention of the skipper on the day of your trip. Following this, any further complaint should be put in to writing no less than seven days following your experience and should be emailed to us at info@jerseyseafaris.com
Compliments and feedback are accepted and greatly appreciated by us on our social media platforms and via email at info@jerseyseafaris.com
Circumstances beyond our Control (Force Majeure)
Force Majeure means any event which we could not, even with all due care, foresee or avoid. Not withstanding the provisions contained elsewhere within these conditions.
We have no liability for any loss to the customer under the booking contract in the events of Force Majeure, if we, for any reason, are prevented, hindered or delayed, prior to, or during, our operation, for any reasons outside of our control, we may;
Cancel the trip
Alter the advertised trip
Delay our vessel/s at or off any port or place
Such events may include but are not limited to viral outbreaks, pandemics, epidemics, war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, closure of airports, technical problems with transport, adverse weather conditions, fire, strikes and all similar events outside our control whether these events are threatened or actual.
Applicable Law
The contract or any dispute or claim arising out of or in any connection with it or its subject matter, shall be governed by and constructed in accordance with Jersey Law.
You irrevocably agree that any dispute or claim that arises out of or in connection with the contract or its subject matter will be dealt with under the exclusive jurisdiction of the Courts of Jersey only.