Sail Greenwich Ltd – Sail Royal Greenwich
For Terms & Conditions Thames Tall Ship Cruise / Individual Bookings (B2C) check here
In these General Terms and Conditions of Sale the following terms shall have the meanings as set forth below:
(i) Event: each event that is organised during SAIL Greenwich Ltd. sells packages consisting of a Sailing Trip (Passenger Transport) on the River Thames including certain additional (catering) services.
(ii) Party: each natural or legal person or entity with whom or with which SAIL Greenwich Ltd. directly or indirectly concludes an agreement in any manner or in any form;
(iii) Passenger: any person attending a Sailing Trip on a Ship during the Event;
(iv) Sailing Trip: a round trip / passenger transport on a tall ship sailing over the River Thames during the Event including (catering)services as shall be agreed between the parties;
1.1 These General Terms and Conditions of Sale apply to all offers, quotations and requests by and to SAIL Greenwich Ltd. and each agreement to which SAIL Greenwich Ltd. directly or indirectly is a party. These General Terms and Conditions of Sale also apply to each Passenger.
1.2 These General Terms and Conditions of Sale will at all times prevail over any applicable general conditions of a Passenger and/or third party, unless such general conditions are explicitly accepted in writing by SAIL Greenwich Ltd.
1.3 SAIL Greenwich Ltd. reserves the right to amend these General Terms and Conditions unilaterally at any time. Such amendments will enter into force with immediate effect and subsequently apply to all agreements effectuated after the date of such amendment.
2. Conclusion of agreements
2.1 All offers, quotations and requests by and to SAIL Greenwich Ltd. are at all times free of engagement and are in no way binding upon SAIL Greenwich Ltd.
2.2 Unless otherwise specified all prices agreed between SAIL Greenwich Ltd. and a Party shall be in UK Pounds Sterling and are exclusive of value-added tax (VAT).
3. Invoicing and payment
3.1 All amounts due shall be paid according to the conditions as described in the agreement and invoice.
3.2 The provisions of this article shall not affect SAIL Greenwich Ltd’s rights to inter alia suspension, retention, dissolution and settlement.
3.3 Any amounts payable to SAIL Greenwich Ltd. by a Party shall be paid without any set-off.
4. Performance of an agreement by a Party
4.1 In performing its obligations under an agreement, a Party shall fully comply with all public regulations, including, in particular, any and all applicable safety regulations.
4.2 A Party will be in default of its contractual obligations under the terms of the agreement including these General Terms and Conditions where the term for performance of the obligation expires, without any need for further notice of default.
4.3 The performance of an agreement will take place at the location designated by SAIL Greenwich Ltd.
4.4 In the event that a Party knows, or where it should reasonably know that (i) it cannot perform its contractual obligations; (ii) it cannot perform its contractual obligations in a timely fashion; or (iii) it cannot properly perform its contractual obligations, then such Party should immediately notify SAIL Greenwich Ltd. in writing to this effect.
4.5 Unless agreed otherwise in writing, a Party is obliged to execute the agreement itself and is not authorised to have the agreement executed by any third party on its behalf. In the event that SAIL Greenwich Ltd. agrees for a third party to execute any part of the agreement on behalf of a Party, this does not in any way affect such Party’s responsibility or liability under the agreement.
5. Cancellation Events
5.1 SAIL Greenwich Ltd. is at all times authorised to cancel any Event in whole or in part, in the event that SAIL Greenwich Ltd. is of the opinion that non-cancellation of the Event may pose irresponsible risks.
5.2 In the event that an Event is cancelled prior to commencement of the Event, Parties and/or Passengers may claim a refund of advance payments only where such refunds relate to obligations that are not performed by SAIL Greenwich Ltd. (whether in their entirety or partially).
5.3 In the event that an Event is cancelled as a result of force majeure, Parties and/or Passengers will not be entitled to claim a refund of any amounts paid nor submit any other claim whatsoever.
5.4 Force majeure includes, but is not limited to: (i) governmental regulations or orders, (ii) situations in which public policy or personal safety considerations are in any way relevant, (iii) facts and circumstances (whether in their entirety or partially) beyond the control of SAIL Greenwich Ltd. and on the basis whereof execution of the agreement cannot reasonably be expected, irrespective of whether such circumstance was foreseeable or avoidable.
5.5 Party shall have no right to rescind an Agreement.
6. Suspension and dissolution
6.1 In the event that a Party is in default because of (i) being unable to perform its contractual obligations; (ii) being unable to perform its contractual obligations in a timely fashion; or (iii) being unable to properly perform its contractual obligations under an agreement with SAIL Greenwich Ltd., SAIL Greenwich Ltd. is without further notice and without judicial intervention entitled to either (a) suspend the performance of their obligations under such agreement in whole or in part; or (b) rescind the agreement (in its entirety or partially) by written notice, whereby SAIL Greenwich Ltd. will not be obliged to pay any damages to or costs of such Party. The provisions of this article 6 shall apply without prejudice to the right of SAIL Greenwich Ltd. to full damages and/or other rights to which it is entitled.
6.2 Term 6.1 also applies in the event of bankruptcy, suspension of payment, business closure, liquidation or any direct or indirect acquisition of a Party.
7. Act in breach of directions and instructions
7.1 Parties and Passengers must strictly follow all directions and instructions given by SAIL Greenwich Ltd. and/or persons appointed by SAIL Greenwich Ltd. and/or the applicable authorities.
7.2 In the event of a breach of SAIL Greenwich Ltd.’s or an applicable authority’s directions or instructions, Parties’ and/or Passengers’ admittance or continued presence on the Ship or taking part in the Sailing Trip may be refused. In such case, the Party and/or Passenger concerned may not claim a refund of amounts paid, nor any other damages or costs whatsoever and such Party or Passenger shall be fully liable for any damage incurred from such breach.
8. Obligations Sail Greenwich Ltd.
8.1 Sail Greenwich Ltd. and/or the Captain shall at all times be authorized to decide that the weather conditions, high or low water, blocking of sailing routes or other circumstances make sailing impossible or necessitate amendment of the agreed sailing route, or to cancel the trip or moor elsewhere for boarding or disembarking.
8.2 In such circumstances Sail Greenwich Ltd. shall cooperate in seeking an alternative or solution for a fee to cover additional expenses incurred by Sail Greenwich Ltd. Security for such additional cost must be given at first request. It is up to Sail Greenwich Ltd’s sole reasonable discretion to decide whether an alternative or solution is viable.
8.3 This clause also applies in the event Sail Greenwich Ltd. and/or the Captain must take such a decision as a result of actions or inactions of (one of) the Passengers, in the event of changes in arrival/departure times caused by any circumstances or in the event Sail Greenwich Ltd. cannot reach the agreed place of departure or arrival.
8.4 In the event the Ship is not available, Sail Greenwich Ltd. will use best commercial effort to use a comparable ship. In the event such substitution is not possible, Sail Greenwich Ltd. reserves the right to rescind the Agreement. In the event the non-availability of the Ship is not due to malicious intent or gross negligence, Sail Greenwich Ltd. shall not be liable for any damages of Party and/or Passengers. In all other cases the liability of Sail Greenwich Ltd. is limited to the amounts paid by the Party under the Agreement or the maximum extent permitted under applicable law, whichever is lower.
9.1 Attendance of a Sailing Trip will be at the sole expense and risk of the Parties and Passengers and SAIL Greenwich Ltd. will not accept any liability whatsoever for damages relating to such Sailing Trip attendance.
9.2 SAIL Greenwich Ltd. is only liable for direct damages or injuries caused directly and solely as a result of its gross negligence or malicious intent and/or the gross negligence or malicious intent of persons employed by SAIL Greenwich Ltd.
9.3 Sail Greenwich Ltd.’s liability shall in no event exceed the insured amount under the event insurance Sail Greenwich Ltd. has taken out.
9.4 Liability for loss or damage of hand luggage taken on board the Ship which is directly attributable to Sail Greenwich Ltd. shall be limited to an amount of EUR 2200.- or the day value of the luggage, whichever is less. Sail. Greenwich Ltd. shall never be liable for immaterial damage, indirect or consequential loss or damage resulting from loss or damage to hand luggage
9.5 Sail Greenwich Ltd. is not liable for damage arising from delays or any deviation in the agreed departure and arrival times, howsoever arising.SAIL Greenwich Ltd. is only liable for direct damages or injuries caused directly and solely as a result of its gross negligence or malicious intent and/or the gross negligence or malicious intent of persons employed by SAIL Greenwich Ltd.
9.6 Party is fully liable for all damages caused by Passenger and indemnifies SAIL Greenwich Ltd. for all claims of third parties in connection with such damages.
10.1 Parties or Passengers are not entitled to assign their rights or obligations under agreements (in whole or in part) to a third party without the prior written consent of SAIL Greenwich Ltd.
10.2 SAIL Greenwich Ltd. is at all times entitled to assign (whether in their entirety or partially) its rights and obligations under agreements to any third party.
11. Intellectual property rights
11.1 All intellectual property rights relating to any Event, or any distinctive sign in connection therewith which is connected with agreements entered into with SAIL Greenwich Ltd., are at all times vested in SAIL Greenwich Ltd. or licensed to her for her use.
11.2 Intellectual property rights are understood to mean all present or future intellectual property rights, whether or not already existing or foreseeable, which are enforceable in any jurisdiction in the world with respect to inter alia inventions, know how, trade secrets, trademarks, models and designs, copyrights, neighbouring rights and other comparable rights and titles, whether or not based on laws, treaties or unwritten law.
11.3 Parties and Passengers shall at all times fully respect all intellectual property rights of SAIL Greenwich Ltd.
11.4 SAIL Greenwich Ltd. shall always be entitled to record images and/or sounds of an Event or a Sailing Trip, Parties and Passengers and to publicise and/or reproduce such images and sounds.
12.1 If any provision in these General Terms and Conditions of Sale should be declared null and void in whole or in part, the remaining provisions or obligations of this agreement and these General Terms and Conditions shall remain in full force and effect.
13.1 The relations between SAIL Greenwich Ltd. and Parties or Passengers are exclusively governed by the laws of England and Wales.
13.2 All disputes arising from the aforementioned relationships will exclusively be settled by the competent court in London, England.