Rubicon 3 Adventure Sailing: Customer Terms & Conditions
Customer Terms & Conditions
1 Terms Used
In this Agreement the following expressions have the following meanings:
The “Company”, “we”, “us” and “our” is WZ Limited, trading as ‘Rubicon 3’ which is incorporated in England with limited liability. Registered Office: Units 1-2 Warrior Court, 11 Mumby Rd, Gosport PO12 1BS Reg. Number: 08601873.
Agreement means this Agreement between You and Rubicon 3, including the clauses of, and any schedules to, this document.
“Effective Date” means the date set out at the end of this Agreement
“Environment” means the surroundings or conditions in which the Yachts and their associated equipment operate
The “Crew member”, “you” and “your” is the person named on this Agreement
“Voyage” means any trip with Rubicon 3 on board a Rubicon 3 vessel
“Start Date” means the date on which a Voyage begins
“End Date” means the date on which a Voyage ends
“Fees” means the fees which are to be paid by You to Rubicon 3
“Force Majeure” is any event or circumstances which we or the supplier of the service(s) affected could not, even with all due care, foresee or avoid. Such events may include, whether actual or threatened, war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather or road conditions, fire, bureaucratic obstacles, changes in schedules or mode of transport by ferry companies, airlines, bus or train operators and all similar events outside our control
“Skipper” and “Mate” means Rubicon 3’s representative appointed to manage they Yacht and the crew on that Yacht during the Voyage,
“Training” means any training required by Rubicon 3.
“Yacht” means a sailing vessel and all her associated equipment provided by or on behalf of Rubicon 3 for the purposes of the Voyage
All times are Local Time, unless otherwise stated
In this Agreement:
Words expressed in any gender shall where the context so requires or permits include any other gender
Words expressed in the singular shall where the context so requires or permits include the plural.
2 Your Commitments
On payment of the full fee and providing you have all necessary documents and insurance, you will be allowed to join the Voyage as a Crew member.
As a Crew member You agree:
That the Skipper has the ultimate authority on all matters affecting the safety of the Yacht, her Crew members and the Environment.
That the Skipper shall, at all times, take all necessary steps and precautions to prevent accidents and to minimise the consequences of accidents that could affect the Yacht, her Crew members and the Environment and for this purpose the Skipper has all the necessary authority required, acting on behalf of Rubicon 3.
That no employee of Rubicon 3, its agencies or agents shall have authority to override the Skipper’s decisions in the performance of the responsibilities mentioned above. To the extent that any Policy or Procedure of Rubicon 3 or any representatives shall conflict with the ultimate authority of the Skipper, such Policy or Procedure shall be invalid.
To participate in any and all duties connected with the running of the Yacht as directed by the Skipper. This includes, but is not limited to, the maintenance and cleaning of the Yacht as required by the Skipper between the Start Date and End Date.
To embark on the Yacht, report to the Skipper, and be ready for departure by the relevant Start Date of the Expedition Leg. Absence without the agreement of Rubicon 3 for any part of the Voyage will (for the avoidance of doubt) constitute a breach of this Agreement. In this event, Rubicon 3 will accept no liability for Your further participation in the Voyage in which You were
due to participate and You will not be entitled to any refund of any Fees paid. Rubicon 3 will not accept responsibility for any charges that you may incur that are connected with You missing the departure of the Yacht.
To provide Rubicon 3 current details of your next of kin
Not to bring any guests or other persons unknown to the Skipper on board the Yacht without the prior authorisation of the Skipper
Not to bring on board any items or goods that would be considered restricted or illegal in any of the countries that the Yacht is due to visit on your Voyage, or any other items which the Skipper has forbidden.
3 Voyage Start Dates and End Dates
For embarkation, You must arrive between 1200 hrs and 2300 hrs local time on the Start Date of the Voyage on which you are due to participate. You will only be permitted to embark outside these times at the discretion of the Skipper.
For disembarking, You must help clean the vessel and then disembark at 1200 hrs on the final day of the Voyage
You must have cleared all Your personal belongings and effects from the Yacht by 1200 hrs on the End Date
It is your own responsibility to:
Ensure that you seek professional medical advice before participating in a Voyage and to be aware of and to take all necessary health precautions and preventative measures. Information is available from the and thee latest updates https://travelaware.campaign.gov.uk You can also visit the specialist NHS travel health website for the latest information on where you are travelling www.fitfortravel.nhs.uk. Health requirements and recommendations for the regions we visit may change at any time and you must check the latest information in good time before departure.
Comply with all health requirements, including but not limited to, vaccinations and inoculations, for the countries being visited during the Voyage.
Supply evidence to your Skipper if requested of your compliance with the requirements of clause 4.1.2
To complete and submit the Medical Declaration sent to you by Rubicon 3 and to truthfully and fully declare any medical conditions or issues, irrespective of whether you think these may affect your ability to go to sea,
To ensure you have adequate medical insurance and or funds available to cover the costs of any medical treatment (including medicine) required during a Voyage
If You fail to comply with any of Your obligations in clause 4.1 it will result in You not being allowed to sail on the Yacht and You will asked to leave the Yacht if you have already embarked and will not be entitled to a refund of any Fees which You have paid.
You declare that to the best of your knowledge you do not have any medical conditions that you have not declared to Rubicon 3.
You recognise that while Rubicon 3 will take all reasonable care to keep you safe and well during the Voyage, there is always a potential risk of serious injury whilst participating on a Voyage.
5. Passports & Visas
It is your own responsibility to comply with all current passport and visa requirements. The passport and visa requirements as known to us for the various Voyages are shown in the Trip Notes on our website. Requirements may change and it is your responsibility to check the up to date position in good time before departure. A full British passport presently takes approximately 2 to 6 weeks to obtain. If you are 18 or over and do not yet have a passport, you should apply for one at least 6 weeks before departure. The UK Passport Service has to confirm your identity before issuing your first passport and will ask you to attend an interview in order to do this. If you are not a British citizen or hold a non British passport, you must check passport and visa requirements with the embassy or consulate of the country(ies) through which the Voyage passes.
We require that your passport is valid for at least 6 months after the End Date of your Voyage and, for Voyages in Central America or the Caribbean or on the World ARC, has at least six empty pages. If your passport is in its final year, you should in any case check with the Embassy of the country you are visiting.
EU citizens should ensure they bring an EHIC card with them. More details can be found here
We do not accept any liability if you are unable to enter into any country due to failure on your part to carry all required documentation including an acceptable passport and any necessary visa(s) and/or health certificates.
If the Skipper does not reasonably believe that you have the required passport and any necessary visa(s) for the Voyage on which you are due to participate, he may ask you to disembark from the Yacht prior to departure and you will not be entitled to a refund of any Fees which You have paid.
If your failure to have the required documentation for the Voyage results in fines, surcharges or other financial penalty being imposed on us or costs or expenses being incurred by us, you will be responsible for reimbursing us accordingly.
At all times behave in a reasonable manner and comply with the laws and customs of the countries visited. The Skipper has absolute authority to order a Crew member to leave the Yacht if they are found contravening such laws and customs, or interfering (or judged to have the potential to interfere) with the well-being of the Crew, individual Crew members, or themselves.
Do nothing which may render the Yacht liable to arrest or impounding
Not bring or consume personal or private stocks of alcohol on board the Yacht without the express permission of the Skipper.
Not use, carry, distribute or store any illegal drugs.
If You breach any of your obligations in clause 6.1 Rubicon 3 will be entitled to terminate this Agreement without notice and dismiss You from the Voyage. In this event, Rubicon 3 will have no liability for the uncompleted Voyage(s) in which You were due to participate and You will not be entitled to a refund of any of the Fees or for payment of travel home.
It is your responsibility to arrange suitable personal insurance for the Period of the Agreement and the Expedition. This insurance must cover yachting for the area of your Expedition and must cover personal accident, medical expenses, repatriation, loss and damage to personal effects.
In the event that you do not have suitable travel insurance prior to departure, you will not be allowed to join the Expedition leg and You will not be entitled to a refund of any Fees paid.
In addition to your personal insurance, we strongly advise You to take out cancellation insurance to protect Your fees. If you choose to partake in the Expedition without adequate insurance cover, Rubicon 3 will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
Rubicon 3 provides a core-skills training package that is suitable for your Expedition. It is provided to ensure Your safety while You are on the Yacht. The core skills training is provided during the first 36 hours of the Expedition. It is compulsory that You participate in this training.
In some circumstances, Rubicon 3 may ask you to complete additional training prior to joining the Expedition. For the avoidance of doubt, if you are not specifically asked to complete extra training, you do not need to have extra training. Failure to complete the requested training in a satisfactory manner will constitute a breach of this Agreement. In this event, Rubicon 3 will accept no liability for the uncompleted Expedition Leg(s) in which You were due to participate and You will not be entitled to any refund of any Fees paid.
be responsible for making arrangements for, and paying for, travel to and from the start and finish ports of Your Expedition Leg(s)
Reimburse Rubicon 3 for any charges incurred by Rubicon 3 in obtaining travel
documents for You. In these cases an administration fee of no less than £50 and up to £400 will be charged.
The Itineraries and other Expedition details are published in good faith as statements of intent only and any reasonable changes to the Itinerary or Yacht may be made where Rubicon 3 or the Skipper deem it necessary.
11 Rubicon 3’s Obligations
Rubicon 3 will provide:
The Training, as described in clause 8
A Skipper with the appropriate qualifications and experience to command the Yacht.
A Yacht, certified in accordance with the Maritime and Coastguard Agency Code of Practice
For the avoidance of doubt, these yachts operate far from their base and with limited support. Rubicon 3 will always ensure that anything that is critical to your safety or well-being will always be in working order. However, from time to time non critical items may be inoperable or in need of repair. This will always be done in a timely manner but it may mean that certain pieces of equipment are not operational during your time on board. This will in no way invalidate this agreement.
Food whilst You are on board the Yacht, of a reasonable amount and quality.
No food or accommodation is provided during shore-based courses.
12 Media and Publicity
You must be aware that Employees, Customers and other members of the public may take photographs, film footage, write blogs or produce other such media that relates to or includes You, the Company, the Customers, the destinations, any training periods or courses, the Yachts and their associated equipment. We reserve the right to use such material for advertising, film or brochure / website production and other marketing uses (including footage for television) without obtaining further consent. We also reserve the right to use any comments that clients make regarding Rubicon 3 on any future promotional material. As it is not practical for us to filter media for individuals, if you are not happy for your image or Rubicon 3 blog entry to be used by the Company, you must not agree to this contract.
13 Kayaks and Rigid Inflatable Boats (RIB)
From time to time, Rubicon 3 may provide a Kayak or RIB for your use. For the avoidance of doubt, the provision of such items is entirely at the discretion of Rubicon 3 and is in no way an obligation under this agreement.
When kayaks or RIBs are provided, they are for use solely at the skipper’s discretion.
14 Payment of the Fees
If you book your place on an Expedition Leg(s) more than 60 days before its departure date, you must pay a non-refundable deposit of £400 per leg at the time of booking.
The balance of the cost for the Expedition Legs(s) must be paid not later than 60 days before the departure date of the first Expedition Leg booked, otherwise we are entitled to treat the booking as cancelled by you in which case the cancellation charges shown below will be payable.
If you book your Expedition Leg less than 60 days before the departure date, you must pay the full cost of the Expedition Leg(s) at the time of booking.
The Fees do not include the following costs and expenses, which You will be responsible for the payment of:
a. all personal insurance premiums which You pay connected with the Expedition;
b. all medical costs, except for the costs of medicines obtained (appropriately) from the Yacht’s medicine chest;
c. all visas, and entry permits required by countries and authorities during the Expedition;
d. the cost of communications (whether by email or by phone] to and from the Yachts unless it is on official yacht business or made at the request of Rubicon 3;
e. costs relating to travel (including the cost of flights, and including travelling to and from any Training or any Expedition Leg);
f. any expenditure incurred by You (other than on the Yacht with the prior approval of a Rubicon 3 official).
Shore based courses are non-refundable and full payment must be made at the time of booking.
15 Changes by Rubicon 3
Once your booking has been confirmed, we will try to ensure that your Voyage does not have to be altered in any material way. However because arrangements are planned many months in advance and because of the unpredictability and complexity of travel at sea and in most areas of the world, sometimes changes have to be made and Rubicon 3 reserve the right to do so at any time. Most of these changes will be minor and Rubicon 3 will advise You of them at the earliest possible date. Rubicon 3 also reserve the right in any circumstances to cancel the Voyage. However, Rubicon 3 will not cancel Your Voyage less than 60 days before its Start Date, except for reasons of Force Majeure or failure by You to pay Fees as detailed.
Most alterations will be minor and while Rubicon 3 will do our best to notify You of any changes as soon as reasonably possible if there is time before your departure, Rubicon 3 will have no other liability to You. Examples of “minor changes” include the following when made before the commencement of your Voyage:
a. A change of Start or End Dates or overall length of the applicable Voyage of 3 days or less.
b. A change of itinerary missing a particular destination as a port of call.
For the avoidance of doubt, the complexities of long distance cruising in remote regions and the difficulties of working with unpredictable weather systems means that no part of the itinerary, including any country, place or region, is guaranteed on the Voyage other than the Start and End Place and the Start and End Dates, subject to the other conditions of Section 15.
Occasionally Rubicon 3 may have to make a major change to the Voyage. Examples of “major changes” include the following, when made before departure;
a. A change of Start of End dates or overall length of the applicable Voyage of 3 days or more.
b. A significant change to to the Start or End Place of a Voyage.
If Rubicon 3 have to make a major change or cancel, Rubicon 3 will tell You as soon as possible and if there is time to do so before departure, Rubicon 3 will offer You the choice of:
a. accepting; or
b. accepting an offer of alternative Voyage arrangements of comparable standard from us, if available (Rubicon 3 will refund any price difference if the alternative is of a lower value).
You must notify us of your choice within 7 days of our offer. If You fail to do so Rubicon 3 will assume that You have chosen to accept the change or alternative arrangements.
If Rubicon 3 make a major change or cancel less than 60 days before departure, Rubicon 3 will also pay You compensation to cover your reasonable expenses.
The compensation that Rubicon 3 offers does not exclude You from claiming more if You are entitled to do so. Rubicon 3 will not pay You compensation where Rubicon 3 make a major change or cancel more than 60 days before departure or in the event that Rubicon 3 are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which Rubicon 3 could not have avoided even with all due care.
The above sets out the maximum extent of our liability for changes and cancellations and Rubicon 3 regrets that we cannot meet any other expenses or losses You may incur as a result of change or cancellation.
Rubicon 3 will not pay You compensation and the above options will not be available if Rubicon 3 make a minor change, alters the itinerary or cancel as a result of Your failure to make full payment on time or where the change(s) or cancellation by us arises out of alterations requested by You.
The nature of long distance travel on a sailing Yacht means that, despite making as much provision in the scheduling as is reasonably possible, it is very difficult for Us to give precise arrival times or dates at any particular destination and You must be fully aware of this when signing this Agreement and when making any associated arrangements such as hotel or flight bookings. Rubicon 3 may be forced by “Force Majeure” to change or terminate the Voyage after departure. If this situation does occur, Rubicon 3 regrets that we will be unable to make any refunds, pay You compensation or meet any costs or expenses You incur as a result.
If Rubicon 3 becomes unable to provide a significant proportion of the services under this Agreement after You have departed, Rubicon 3 will make alternative arrangements for You at no extra charge and, if appropriate in all the circumstances, will pay You reasonable compensation to a maximum of the full price of your Voyage.
It is important for You to note that it is presumed that you will have suitable travel insurance that will cover your costs in returning home in the event of Rubicon 3 being unable to provide a significant proportion of the services under this Agreement after You have departed. Rubicon 3 is not responsible for Your costs of travel (and associated accommodation and/or the costs of meals) to and from the start of or from the end of any Voyage in any circumstances.
16 Force Majeure: Events Outside Rubicon 3’s Control
Except where otherwise expressly stated in this Agreement, we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to any circumstances, eventuality, cause or condition which is beyond the reasonable control of Rubicon 3, including (but not limited to) war or threat of war, civil strife, riot, industrial dispute, terrorist activity, natural or nuclear disaster, fire, technical problems with transport, closure or congestion of airports and adverse weather (and/or sea) conditions. (‘Force Majeure’)
17 Termination of or Changes to this Agreement by You and the related Termination Charges
Termination by You of a Voyage:
You may terminate this Agreement upon reasonable notice to Rubicon 3 in writing. Your notice of termination will only take effect when it is received in writing by us at our offices or by email and will be effective from the date on which we receive it. We recommend that you use recorded delivery.
The complexity and difficulty of providing and selling Voyages means that significant costs are incurred in cancelling your arrangements. Crew often need to book Voyages long in advance and may not have been able to book due to lack of space. Depending on the date of termination of this Agreement, You will be liable for the amounts set out in the table in clause (17.1.4) below.
For the avoidance of doubt, if this Agreement is terminated by You for any reason, Rubicon 3 retains the right to resell such places to another Client and You will not be compensated or refunded in any way, other than in accordance with the schedule detailed in 17.1.4 and 17.2
Table of Cancellation Charges: applicable to all Voyages except those in the World ARC
(The fee detailed is calculated on the basis of the total cost payable by the person(s) terminating excluding insurance premiums and amendment charges which are not refundable in the event of the person(s) to whom they apply terminating):-
Cancelling more than 152 days before start date: 25% of full cost or £500 whichever is the greater
Cancelling between 120 days to 152 days before start date: 50% of full cost or £500 whichever is the greater
Cancelling between 90 days to 119 days before start date: 75% of full cost
Cancelling between less than 90 days before start date: 100% of full cost
Table of Payment Dates and Cancellation Charges: applicable only to Voyages in the World ARC
The length and cost of places on the World ARC means that there are specific payment and cancellation terms any Voyage that takes place as part of the World ARC. The following terms apply.
25% of the full Voyage cost must be paid by 18 months before the Voyage Start Date.
50% of the full Voyage cost must be paid by 12 months before the Voyage Start Date.
75% of the full Voyage cost must be paid 6 months before the Voyage Start Date.
100% of the full Voyage cost must be paid 3 months before the Voyage Start Date.
Failure to pay the percentage of the full Voyage cost by the date specified will result in immediate cancellation of this Agreement.
All monies paid are non-refundable under any circumstance except where Rubicon 3 cancels the Voyage or makes a major change to the Voyage.
Theory and other shore-based courses are non-refundable under any circumstance except where Rubicon 3 cancels the course and full payment is required at the time of booking.
18 Changes by You
If You wish to change any part of your booking, you must inform Rubicon 3 in writing as soon as possible. Whilst we will do our best to assist, Rubicon 3 cannot guarantee that we will be able to meet your requested change. Where we can meet a request, changes may be subject to payment of an administration fee of £40 as well as any applicable rate changes or extra costs incurred by Rubicon 3 as well as any costs incurred by or imposed by any of our suppliers. You should be aware that these costs could increase the closer to the departure date that changes are made and You should contact us as soon as possible. Where Rubicon 3 are unable to assist You and You do not wish to proceed with the original arrangements we will treat this as a termination by You.
19 Rubicon 3’s Liability to You
Rubicon 3 will accept responsibility for the arrangements Rubicon 3 agrees to provide or arrange for You as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992 as set out below. Subject to these booking conditions, if Rubicon 3 or our suppliers negligently perform or arrange the services which Rubicon 3 are obliged to provide for You under our contract with You, as set out in this Agreement, Rubicon 3 will pay You reasonable compensation. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in this Agreement and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of Your Voyage or part thereof. Please note that it is Your responsibility to show that Rubicon 3 or our supplier(s) have been negligent if You wish to make a claim against us.
Rubicon 3 will not be responsible or pay You compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
the act(s) and/or omission(s) of the person(s) affected;
the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which are unforeseeable or unavoidable; or
unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
Rubicon 3 limits the amount of compensation Rubicon 3 may have to pay You if Rubicon 3 is found liable under this clause:
loss of and/or damage to any luggage or personal possessions and money,
The maximum amount Rubicon 3 will have to pay You in respect of these claims is an amount equivalent to the excess on Your insurance policy which applies to this type of loss per person in total because You are assumed to have adequate insurance in place to cover any losses of this kind.
Claims not falling under (a) above and which don’t involve injury, illness or death
The maximum amount Rubicon 3 will have to pay You in respect of these claims is the full price paid by or on behalf of the person(s) affected. This maximum amount will only be payable where everything has gone wrong and You or Your party has not received any benefit at all from Your Voyage.
Claims in respect of international travel by sea
The extent of our liability will in all cases be limited as Rubicon 3 are carriers under the appropriate Conventions, which include The Athens Convention (with respect to sea travel); and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us.
It is a condition of our acceptance of liability under this clause that You notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
Where any payment is made, the person(s) receiving it must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance Rubicon 3 may reasonably require.
Please note, Rubicon 3 cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) which on the basis of the information given to us by You concerning Your booking prior to our accepting it, Rubicon 3 could not have foreseen You would suffer or incur if Rubicon 3 breached our contract with You; or (b) which relate to any business.
Rubicon 3 will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised by us.
If you do have a problem during your Voyage, please inform your Skipper immediately and he will endeavour to resolve the problem. If the problem is not resolved and or you wish to make a complaint, please contact us at email@example.com. If the problem still cannot be resolved and you wish to proceed with the complaint, You must send formal written notice of your complaint to us at our registered office within 28 days of the end of Your Voyage, giving all relevant information. Failure to follow the procedure set out in this clause may affect ours and any applicable supplier’s ability to investigate Your complaint, and will affect Your rights under this Agreement.
Waivers of Rights
No delay by Rubicon 3 or You in enforcing its respective rights will prejudice or restrict its rights and no waiver of any such rights or of any breach of any contractual terms will be deemed to be a waiver of any other right or of any later breach.
If any of the provisions of this agreement is judged to be illegal or unenforceable, this will not affect the continuation in full force and effect of the other provisions of this Agreement.
Rubicon 3 and You will each sign two counterpart copies of this Agreement but these counterparts will together be the same Agreement.
You may not assign this Agreement to any other person.
Applicable Law and Jurisdiction
This Agreement will be governed by and interpreted in accordance with the laws of England and Wales.
Any dispute or claim arises out of or in connection with this agreement or its subject matter, then the courts of England and Wales will have the exclusive jurisdiction to settle that dispute or claim, unless you are domiciled in Scotland, in which case the courts of Scotland will have that jurisdiction, or Northern Ireland, in which case the courts of Northern Ireland will have that jurisdiction.
We provide financial security for the monies paid under this Agreement. We do this by way of our membership of the Association of Bonded Tour Operators Trust (ABTOT)
The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under the Package Travel, Package Holidays and Package Tours Regulations 1992 for Rubicon 3, and in the event of their insolvency, protection is provided for the following:
1. non-flight packages commencing in and returning to the UK;
2. non-flight packages commencing and returning to a country other than the UK; and
3. flight inclusive packages that commence outside of the UK, which are sold to customers outside of the UK.
1, 2 and 3 provides for a refund in the event you have not yet travelled. 1 and 3 provides for repatriation. Please note that bookings made outside the UK are only protected by ABTOT when purchased directly with Rubicon 3.