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Terms & Conditions

TERMS & CONDITIONS

If you have any queries regarding our terms & Conditions please feel free to contact us or call.

  • 1. Adriatic Sailing Academy, Jupiter Eclipse FZ LLC, Tesla Marine reserves the right to only accept guests Adriatic Sailing Academy, Jupiter Eclipse FZ LLC or Tesla Marine deem suitable.

  • 2. Your statutory rights are not affected by our conditions of booking.

  • 3. Consumption of alcohol is at the Captain's discretion for safety reasons.

  • 4. If you are prescribed drugs you must consult your doctor regarding suitable seasickness treatments and any problems seasickness may cause to your medical programme.

  • 5. It is your duty to inform Adriatic Sailing Academy of any medical issues which may affect you or a member of your party at the time of booking and any changes that may occur between booking and sailing.

  • 6. We will hold a provisional booking for one week whilst you decide if you would like to confirm. After a week, it will cancel automatically unless otherwise agreed.

  • 7. A sailboat offers limited personal space; an easy-going, cooperative team spirit and respect for others on board are essential to the enjoyment of all. We reserve the right to terminate the vacation of any client who refuses to comply with instructions from the Captain/staff; or whose behaviour is deemed to be causing distress, damage, danger or annoyance to other guests. Upon such termination, our responsibility for your vacation/training course ceases and we shall not be liable for any extra costs incurred.The guests agree to abide by the instruction of the Captain in all safety matters.

  • 8. Your personal safety is of paramount importance to us and therefore it is imperative that you advise us at the time of booking of any condition, medical or otherwise, that might affect you or other guests enjoyment onboard.

  • 9. Food & drink provided is on a breakfast, lunch and non-alcoholic drink basis.

  • 10. A reservation can be secured by paying a deposit of 50%. Balance to be paid 14 days prior to the charter date. If booking within 24 hours, 100% payment will be required.

  • 11. Due to vagaries of weather or mechanical problems Adriatic Sailing Academy can cancel voyages. In this case, a full refund or alternative date will be agreed with the client.

  • 12. If weather conditions are deemed not suitable for safe sailing then this may involve remaining in port or at anchor until conditions improve.

  • 13. The guests acknowledge that sailing can be a challenging activity and agree to abide by the instruction of the skipper at all times.

  • 14. By booking you are confirming that you are physically fit enough to move around the vessel and climb on and off without the need of assistance.

  • 15. Adriatic Sailing Academy reserves the right to amend these conditions of booking without notice.

  • 16. Neither Adriatic Sailing Academy, 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 understand that if you purchase any optional activities that are not part of your pre-booked voyage itinerary (including, without limitation, shore excursions and tours, however, conducted, airline flights and ground transportation), these activities are operated by 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 not 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 or its representatives responsible for their acts or omissions.

  • 17. You understand and acknowledge that your travel on the yacht may involve risk and potential exposure to injury. You also realise and acknowledge that risk and dangers may be caused by the negligence or participation of other guests. You also recognise 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 aforementioned risks, dangers and hazards are a potential in connection with recreational activities which may take place during the period on the yacht and that you are willingly and knowingly electing to sail on the yacht in spite of such potential risk of danger.

  • 18. In recognition of the inherent risk of the travels and related activities in which you are intending to engage, you confirm that you are physically and mentally capable of sailing on the yacht, and you willingly and voluntarily assume full responsibility for any injury, loss or damage caused by you. It is your responsibility and obligation to inform the Company, at the time your booking is made, of any medical or physical disability or limitation that might disable you or render you unable to perform or safely sail on the yacht. Your failure to do so will release us from any liability for loss, damages or other compensation arising from or related in any way to such disability or condition. You further acknowledge that you are the best judge of your own conditions and limitations and that it is incumbent upon you to fully disclose the full extent of any such conditions or limitations to the Company.

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TERMS OF WEBSITE USE

Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

RELIANCE ON INFORMATION POSTED & DISCLAIMER

The materials contained on our site is provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such.

we do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by English law, we exclude all liability for loss or damages direct or indirect arising from use of this site.

INFORMATION ABOUT ME

http://www.SailingWithMissElle.com is a site operated by Guy & Julie Ann Odell. To contact, Guy or Julie Ann, the emails are: guy@sailingwithmisselle.om and julie@jupitereclipse.com 

ACCESSING OUR SITE

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). we will not be liable if for any reason our site is unavailable at any time or for any period.

INTELLECTUAL PROPERTY RIGHTS

we are the owner(s) or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others to material posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from me.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Our SITE CHANGES REGULARLY

we aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we am under no obligation to update such material.

Our LIABILITY

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:

• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

• loss of income or revenue;

• loss of business;

• loss of profits or contracts;

• loss of anticipated savings;

• loss of data;

• loss of goodwill;

• wasted management or office time; 

and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

LINKS FROM our SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. we have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. When accessing a site via our website we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information.

JURISDICTION AND APPLICABLE LAW

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

VARIATIONS

we may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

YOUR CONCERNS

If you have any concerns about material which appears on our site, please us on guy@sailingwithmisselle.com 

Thank you for visiting our site.

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