Enjoy the freedom of sailing and well-being
Enjoy the freedom of sailing and well-being
These general terms and conditions are applicable to travel contracts concluded on or after July 1, 2018, as defined by the Act of November 21, 2017, on the sale of package travel, related travel services and travel services (“the Act”).
The following special conditions apply when Zen-Sailing offers for sale or sells package tours as an organizer and as a retailer.
All our brochures, advertisements, web pages or offers are made in good faith and according to the available data. Maps, photos and illustrations are for information purposes only and are not binding.
The traveler expressly accepts that the pre-contractual information communicated to him/her may be subject to change before the conclusion of the contract and that, unless otherwise stipulated, our offers are always “on demand” or subject to confirmation. Unless otherwise agreed, they are valid for 2 days.
The traveler authorizes us to correct any obvious material errors in the pre-contractual information we provide.
Unless otherwise expressly agreed, the tour operator contract is formed when we confirm the offer to the traveller definitively and without reservation or, if a deposit is requested, when the traveller has paid this deposit.
3.1 The price of the cruise includes the rental of the sailboat, the services of the skipper and the yoga teacher for the Zen-Sailing Yoga trips, as well as insurance. The price also includes food for the “ALL-IN” packages. A lump sum is set up at the start of the trip to cover port charges, diesel fuel, etc. …. depending on the type of stay chosen.
3.2 Reservation:
This one is effective only after the payment of a deposit of 50 %.
Balance one month before your departure.
3.3 The price does not include:
We will do our best to satisfy our customers, but Zen-Sailing cannot be held responsible for the impossibility of satisfying the requests for special diets (kosher, hallal, medical prescriptions…). However, without any obligation of result, on some destinations, Zen-Sailing can try to make arrangements for some requests made at least 15 days in advance.
3.4 Guaranteed departures
Departures are guaranteed regardless of how full the boat is. In case of cancellation by Zen-Sailing for reasons beyond its control: serious breakdown, delay due to weather conditions, unavailability of the sailboat, Zen-Sailing will immediately refund the amount paid by the Passenger, who will not be entitled to any other refund or additional indemnity, in particular with regard to transportation or accommodation costs. In case of reduction of the duration of the cruise for reasons of force majeure, Zen-Sailing will only refund the pro rata of the days not provided. In case of diversion for security reasons at the request of the Maritime Authorities, Zen-Sailing will not make any refund.
3.5 Late payment
In the event of late payment, 0.3% per day of delay from the due date will be due in addition to the amounts due.
If the Passenger fails to pay any amount due under the contract, Zen-Sailing, 7 days after a formal notice by e-mail, or, without payment 14 days after the due date, shall have the right to consider this contract as broken by the Passenger, to keep the total amount of all payments already made before breaking, to charge the corresponding cancellation penalties and to remarket the cabins. Payment of balances due at embarkation is not accepted.
Miscellaneous: Passengers agree to comply with the safety instructions (briefing by the Skipper at embarkation including smoking restrictions). Passengers must sign the safety instructions prior to departure.
We are not responsible for any discrepancies in age, gender or language between passengers. When booking shared cabins we do not take into account the gender or age of the people sharing the cabin but will do our best to accommodate everyone in the interest of the group.
Cancellation / Modification / Late payment: the services offered do not benefit from the right of withdrawal. Consequently, the services ordered are exclusively subject to the conditions of cancellation and modification provided for in these General Conditions of Sale and the user will not be able to invoke the right of withdrawal. The payment of a deposit implies acceptance of the offer and of these General Terms and Conditions of Sale, even without physically signing the reservation form. In the event of cancellation or modification of the date by the Passenger, whatever the cause, the cancellation penalties will apply and the amounts paid will be taken into account.
In case of cancellation or date modification by the Passenger, whatever the cause, the following cancellation fees will be due: Cancellation before departure: Up to 90 working days, cancellation fees: 20% /// from 89 to 60 working days: 35% /// from 59 to 30 working days: 50% /// from 29 working days to departure: 100% of the price of the stay. Sailboat reserved exclusively: 25% increase in cancellation fees.
Any modification of the contract by the traveler will result in a fixed administrative fee of 50 EUR per person.
The traveler accepts that any requested modification is subject to availability and agreement of Zen-Sailing and possible price adjustments. If the requested modification is not available or if the price varies too much and the traveler wishes to cancel the travel contract, the cancellation will be subject to our cancellation policy. The costs of the change will in any case be charged to the traveler.
Any request for cancellation or modification must be notified by registered mail addressed to Zen-Sailing headquarters. A postponement of the date, if accepted, does not allow a postponement of the cancellation thresholds which remain based on the calendar dates of the original file. The signature of a quote, order form, confirmation by e-mail or the payment of a first deposit, even partial, immediately and definitively commits the Passenger who can only cancel within the framework of the above. Failure by Passengers to show up for boarding, or refusal to board for any reason whatsoever, shall be considered as a cancellation by Passengers on the day of departure.
6.1 We reserve the right to make minor changes to the contract, once it is formed. In this case, we will inform the traveler by durable medium.
6.2 We also reserve the right to correct obvious material errors in the contract.
In the event of an assignment of the contract, and provided that we have been able to establish that the assignee meets all the conditions applicable to the contract, the assignor and/or assignee shall be obliged to pay the resulting costs jointly and severally in advance. We shall also charge an administration fee of EUR 100 per passenger.
8.1. The traveller is obliged to inform us without delay of any non-conformity that he/she notices on the spot. Zen-Sailing will assess any complaint regarding the non-conformity of the package according to the concrete circumstances and the nature of the package booked. The traveler must send his complaints to us in the following way: by sending an e-mail to contact@zen-sailing.com AND to the address of the agency / charter company mentioned on the travel contract.
8.2 The traveler has the right to address his complaint to the retailer through whom he booked the trip. In this case, the traveller will always address his complaint to Zen-Sailing.
8.3 The traveller is aware that if he does not inform us correctly and immediately of the lack of conformity, he risks depriving us of the possibility to effectively solve the problem encountered. The financial consequences resulting from the failure of the Traveler to inform us may be borne by the Traveler.
9.1 We are responsible for the proper execution of the travel services as a whole when we act as organizer.
9.2 Our liability is limited to three times the package price, except for personal injury caused intentionally or as a result of negligence on our part. If any of the travel services that make up the package are subject to an international convention, our liability is limited in accordance with that international convention.
9.3 We shall never be liable for the performance of travel services not explicitly included in the contract and which the traveller books on the spot without notifying us (such as additional excursions or activities).
10.1 The traveler must be in possession of valid identity documents to travel to the country visited. In some cases an identity card is sufficient, in other cases an international passport is required (sometimes valid for up to six months after the planned return date) and in other cases a valid passport and a visa.
10.2 While we try to inform the Belgian traveler as much as possible about the specific formalities of his destination, it is the traveler’s responsibility to ensure the validity and conformity of his travel documents. The non-Belgian traveler has the obligation to inquire at his Embassy or other diplomatic authorities in order to know the formalities to which he is subjected. We decline all responsibility in case of negligence or mission on the part of the traveler in this respect.
10.3 The traveler who concludes the travel contract is obliged to inform us of his nationality and that of the travelers for whom he concludes the contract and to communicate to us any useful information that could have consequences on the required travel documents.
11.1. We cannot know the state of health of all travelers. The traveler is therefore obliged to inform himself/herself about the health formalities to be completed for the chosen destination.
11.2 The traveller declares that he/she is medically, physically and psychologically fit for the chosen trip. Travelers with a physical or mental disability, an inability or restriction of mobility, suffering from an illness requiring medical treatment or assistance, and pregnant women, must inform us, if necessary by the person booking the trip on their behalf. We reserve the right to refuse a traveler if, for objective and non-discriminatory reasons, it appears that the traveler is not fit to participate.
11.3 The traveler is strongly advised to bring with him/her the appropriate material and equipment for the nature of the trip, except when such material and equipment are included in the package. We cannot be held responsible for the negligence of the traveler.
11.4 With regard to health and safety conditions at the destination, the traveler is recommended to consult the website of the FPS Foreign Affairs.
Our professional liability is covered by Pantaenius Contra No. 91362034-11
The liability insurance covers the hirer’s liability. Our liability policy provides the following coverage: bodily and non-material damage; material and non-material damage resulting from an accident or fire on board the yacht.
Passengers are advised to take out travel insurance covering all risks incurred, in particular: cancellation, repatriation, loss and theft of luggage, medical expenses, accidents, legal assistance, cancellation of their airline tickets or other tickets, consequences of a delay. The insurances included in the payment cards are sometimes restrictive and difficult to implement. Any accidents occurring during the cruise will be covered by our own liability insurance only if we are at fault. If there is no fault on our part, the passenger’s insurance will be exclusively responsible.
Unless otherwise stipulated, all notifications under the travel contract must be made to the following addresses:
Pursuant to article VI.53, 12° of the Code of Economic Law, the Traveller does not have the right to withdraw from the following services: accommodation, cruises, catering and services related to leisure activities.
To be valid, any claim must be notified to Zen-Sailing within 30 days after disembarkation.
If any provision of the contract or of the General Conditions should be declared unenforceable or is invalidated for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of the remaining provisions. Zen-Sailing shall never be liable for consequential damages. To be valid, any claim must be notified to Zen-Sailing within 30 days after landing.
Any dispute arising from the conclusion or execution of the contract and which is not submitted to the Travel Disputes Commission in accordance with the general terms and conditions, is subject to the jurisdiction of the Courts of Brussels.
Will be considered as such, without this list being restrictive: Acts, events, non-events, accidents, “Acts of God beyond the reasonable control of Zen-Sailing, including strikes outside the parties, lock-outs or other industrial disputes, demonstrations, riots, blockades, invasions, wars, fires, explosions, sabotage, severe weather problems, collisions, groundings, governmental acts or regulations, (including notice from the Ministry of Foreign Affairs of the issuing country imposing the suspension of the destination), major technical breakdowns, serious illnesses, or imposing a diversion during the period of use (international maritime regulations impose assistance and rescue at sea). The Passenger agrees to tolerate the necessary rescue interventions and any delay or inconvenience that may result. The Skipper is the sole judge of the decisions to be taken. In case of problems due to Force Majeure, Zen-Sailing shall not be held responsible and shall have no obligation to provide a replacement vessel or accommodation, refund, repatriation, or compensation for any reason whatsoever, in particular the cost of returning from the port of disembarkation to the Passenger’s home.
Our itineraries, travel times and stopovers are given as an indication and may be modified according to weather conditions in order to avoid sailing in uncomfortable conditions. The stops mentioned “at the quay” are likely to be made at anchor if there is no place of port available. In the same way, a stopover “at anchor” can be replaced by “at quay”. Embarkation / disembarkation can sometimes be carried out by dinghy. Travel times correspond to normal sea conditions. Sailing is done primarily under sail, except in cases where the direction of the wind, its insufficiency, or any other maritime or meteorological phenomenon, as well as any need for schedules, require the use of engines. For various reasons, including meteorological, the itinerary may be reversed. Similarly, for cruises lasting several weeks and combining several circuits, the order may be reversed. The maps and photos on our documentation are not contractual. Only the elements mentioned on our contracts are valid.
Passengers agree to respect the safety rules and to attend the safety briefing and to sign the minutes before departure. Passengers are not allowed to oppose the Skipper’s instructions
Bringing on board, or allowing on board, without the Skipper’s authorization, persons who are not on the Passenger’s list.
Passengers are not authorized to pilot the dinghy unless authorized by the Skipper and only in the presence of a member of the crew.
The embarkation of any weapon, substance or illegal material, in France or in the countries crossed, is strictly prohibited. Any fine or financial consequences of the non-respect of this rule, both for the passenger and for Zen-Sailing, will be at the exclusive charge of the Passenger concerned. The crew has the duty to disembark immediately any offender and to inform the competent authorities.
The Passenger is solely responsible for the conformity of travel documents, passports, visas and vaccination certificates, for him/her and the persons accompanying him/her, according to the regulations of the countries visited, in particular for Passengers of nationalities outside the Schengen area, or for children.
In case of international navigation, the Passenger must send to Zen-Sailing the photocopy of the passports of all the persons scheduled to embark, at least 10 days before departure in order to prepare the Exit Declarations and avoid any delay in embarkation. The fact of having provided the copy of the passports does not release the Passenger from his/her responsibility as to the compliance with the administrative requirements.
The Passenger must inform Zen-Sailing, at least 15 days before departure, of the presence of children under 12 years old or passengers weighing less than 30 kg (Zen-Sailing provides free of charge special vests) and prior to the registration of fragile or handicapped persons or of possible health risks, otherwise boarding may be refused, without any refund or compensation.
Passengers must inform Zen-Sailing prior to booking of any health risk and in this case must provide an explicit medical certificate of no contraindication. Otherwise, Zen-Sailing cannot be held responsible for any harmful consequences that may result from this. The crew can in no case have a supervisory function or look after children. The Passenger releases Zen-Sailing from any responsibility concerning their supervision which must be carried out directly and permanently by the parents. Very young children and babies can only be embarked on vessels reserved exclusively. In case of babies, their food must be provided and prepared by the parents.
Zen-Sailing declines all responsibility in case of accidents occurring as a result of activities, sports, nautical or terrestrial practiced by the Passengers during the cruise, or on land during the stopovers. In these cases, the Passenger must have his/her own insurance and Zen-Sailing has no duty to provide assistance or repatriation, which remain entirely the responsibility of the Passenger concerned.
Zen-Sailing can sometimes provide information on local excursion possibilities or on different service providers. Zen-Sailing has no control over these service providers, does not receive any remuneration from them and declines all responsibility in case of any problem. We have a perfect knowledge of the sea, however, we are not a tourist guide. Our business is cruising, we have no vocation to organize visits, activities or others outside our ships. We decline any responsibility for any event on land, especially outside the supervision of the crew.
The Skipper will refuse to embark Passengers who do not comply with the regulations of the countries concerned, children under 7 years of age, whose exact date of birth is not indicated on the travel contract, persons whose disability was not indicated at the time of booking, or any Passenger who refuses to sign the safety instructions. Animals, even small ones, will not be accepted on board.
The Skipper will disembark any Passenger whose behavior could endanger or seriously inconvenience the other Passengers, the crew members or the yacht, or whose state of health appears to be incompatible with the cruise. The fact of not having previously detected a possible health incompatibility does not imply recognition of its acceptance.
In case of non-boarding or disembarkation of Passengers, at their initiative, at the Skipper’s initiative or at the initiative of the local authorities, for any reason whatsoever: transport delays, non-conformity of travel documents, personal convenience, health, aptitude, behavior, illegal acts, etc., Zen-Sailing will not be held responsible for any assistance, nor for the payment of any expenses (accommodation, repatriation, fines, legal assistance, medical, etc.) In the above cases, no refund or reduction in price will be granted.
Any repatriation or accommodation costs for Passengers who disembark early for any reason whatsoever, fees and costs of intervention on board or on land by health or assistance professionals concerning Passengers, fines, legal and assistance costs, penalties, and miscellaneous costs incurred by Passengers as a result of their behavior, shall be borne exclusively by the Passengers concerned.