Terms and Conditions
Drake Academy Terms And Conditions
TERMS AND CONDITIONS
Last updated: 11 June 2012
Please read the following information carefully as this page (together with the documents referred to on it) sets out the terms and conditions on which we supply any of the services (“Services”) listed on our website www.drakeacademy.co.uk (“our site”) to you, comprising holiday, adventure and development programmes (each a “Programme”) and related services. Please ensure that you understand and accept these terms and conditions before ordering any Services.
By ordering any of our Services, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you will not be able to order any Services.
1. INFORMATION ABOUT US
We are Drake Academy Limited, a company registered in England and Wales under company number 07767818 and with our registered office at 1st Floor, 2 Woodberry Grove, North Finchley, London N12 0DR. Our VAT number is 120 4493 48. We operate the website www.drakeacademy.co.uk.
2. YOUR STATUS
By placing an order with us, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 After filling in our booking form and customer questionnaire and submitting these to us via our website, by email or by mail directly to us, you will receive an acknowledgement from us. At that time we shall also supply full details concerning the Services you have requested and such information will remain valid for 7 days. Please note that this does not mean that your booking has been accepted. You may subsequently indicate in writing to us that you would like to proceed and purchase the Services in question (“order”). Please note that all orders are subject to acceptance by us and we will confirm such acceptance to you in writing, by email and/or by post. The contract between us (“Contract”) will only be formed when we send you such confirmation.
3.2 Please note that special terms and conditions may apply to our provision of certain Services. Special terms and conditions relating to our “British Virgin Islands Adventure Flotilla” and "Yacht Cruise in British Virgin Islands" are set out at Appendix 1 below.
3.3 Because of the nature of the Services and the involvement of third party activity and service providers, we may need to make changes to Services and/or amend details and information provided to you both before and after bookings have been confirmed. Whilst we always endeavour to avoid any such changes, we must reserve the right to do so.
3.4 All photographic material used are designed to represent theserives accurately and fairly. Because of the nature of the Services and the involvement of third party activity and service providers, all photos are indicative and not actual images of the equipment or services provided.
4. YOUR RESPONSIBILITIES
4.1 You shall ensure that all information you supply to us is complete, true and accurate.
4.2 You shall promptly inform us of any changes to the information we hold by contacting us by post to Drake Academy Limited at 1st Floor, 2 Woodberry Grove, North Finchley, London N12 0DR, by emailing us at firstname.lastname@example.org or by calling us on +44 (0)207 117 6375.
4.3 You shall ensure that you are in good health and possess a reasonable level of fitness prior to the commencement of the Programme you have booked. If you are in any doubt about this, please consult your doctor well in advance.
4.4 You shall obtain adequate travel insurance with a reputable insurer in good time prior to the commencement of the Programme you have booked.
4.5 When taking part in any of our Programmes, you shall at all times have consideration for other people. If in our reasonable opinion, or in the reasonable opinion of any other person in authority, you behave in such a way as to cause or be likely to cause danger, upset or distress to any person or third party or damage to property, we are entitled, without prior notice, to terminate immediately the provision of Services and your participation in a particular Programme or we and the relevant person in authority (for example the activity provider) can prevent you from taking part in the specific activity(ies) concerned. In this situation, you will be required to leave the Programme or activity area immediately. We will have no further responsibility towards you and no refund will be made and we will not pay any expenses or costs incurred as a result of such termination or prevention from taking part in the activity(ies) concerned.
5.1 We may from time to time offer other vouchers or discount codes that may be redeemed when you purchase Services (“Vouchers”).
5.2 In the event that you purchase a Voucher from MyCityDeal Limited trading as Groupon UK (“Groupon UK”), or Groupon USA :"Groupon US" your purchase of the Voucher will be subject to the terms and conditions of Groupon which can be found at www.groupon.co.uk and www.groupon.com and you hereby warrant that you will comply with those terms in addition to these terms and conditions.
5.3 Other Vouchers may be subject to other third party terms and you should always check carefully before purchasing a Voucher.
5.4 The particular Services for which a Voucher can be redeemed and any special terms will be stated on the Voucher and a Voucher will only be valid until the expiry date specified on it.
5.5 You acknowledge that when redeeming a Voucher the dates on which we are able to provide Services are at all times subject to availability.
5.6 Vouchers are redeemable in their entirety only and may not be redeemed incrementally.
5.7 The reproduction, sale, resale or trade of a Voucher is prohibited and any attempt to carry out any of these activities may void the Voucher.
5.8 We may in our absolute discretion determine a Voucher can be combined with any other promotions, vouchers, third party certificates or coupons.
5.9 Please look after your Voucher and Voucher reference number and do not pass or disclose these to any other person. We shall not be responsible for lost or stolen Vouchers or Voucher reference numbers.
5.10 Vouchers may be redeemed by entering the applicable code on your booking form.
5.11 All services purchased with Vouchers will be required to provide authorised credit card details. The details will be used to settle any balance due under Paragraph 7 of Drake Academy Ltd. Terms and Conditions.
6. PRICE AND PAYMENT
6.1 The price of the Programme you select shall be as quoted on our site from time to time, except in cases of obvious error, and shall be payable in full when your booking is confirmed by us.
6.2 The price in respect of any additional Services shall be payable by you not less than 10 weeks before your programme and certain other charges shall be payable upon arrival at your destination (including taxes and boat insurance).
6.3 All prices quoted on our site include VAT.
6.4 All prices and charges are liable to change at any time, but changes shall not affect orders in respect of which we have already sent you a confirmation.
6.5 It is always possible that, despite our best efforts, some of the Programmes and/or Services listed on our site may be incorrectly priced. We will normally verify prices as part of our confirmation procedures so that, where a Programme’s and/or Service’s correct price is less than our stated price, we will charge the lower amount. If a Programme’s and/or Service’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before accepting your order, or reject your order and notify you that we are rejecting it.
6.6 If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Programme and/or Services to you at the incorrect (lower) price.
6.7 Our preferred method by which you may make payment for Programmes and/or Services is bank transfer, using the details that we will supply to you.
6.8 You may also pay by cheque or credit or debit card. In the event that you elect to pay by credit card or debit card, we will charge an administration fee to you of 2.9% which is the charge that we must pay to our third party payment processor in respect of such payments.
6.9 The following are payable on arrival on local currency:
6.9.1 Yacht Insurance cost - these fees shall not exceed $10 per person per day.
6.9.2 Cruising Tax is payable on arrival at the prevailing rate $2.00 /person/week from 1st November to 30th April $0.75 /person/day from 1st May to 31st November.
6.9.3 BVI Mooring Fees. Depending upon the anchorage, overnight mooring fees vary from Free (at anchor) to $100.00 per night (nominally $60). . These fees will be levied equally between the guests on each yacht.
6.9.4 National Parks Trust Mooring Fees
$25.00/week minimum for up to 4 guests
$35.00/week for 5 to 6 guests
$45.00/week for 7 to 8 guests
$55.00/week for 9 to 10 guests
Add $5.00/person for the first 7 nights for 11 people or more.
Weekly rates double if chartering 8 to 14 nights and triple if chartering 15 nights, etc.
6.9.5 V.I.S.A.R. Virgin Islands Search and Rescue is a volunteer Organization which operates on donations from the sailing community. Drake Academy Ltd, or their agents, collect an optional $2.00 per person towards this service.
7.1 If you would like to request any changes in respect of any confirmed Programme and/or Services to be delivered pursuant to a Contract, please contact us and, in our absolute discretion, we may be able to assist.
7.2 Should you wish to cancel a Programme and/or any Services after they have been confirmed by us, you must immediately notify us in writing in accordance with clause 11 below. Your notice of cancellation will only be effective when it is received by us.
7.3 As we incur significant costs from the time we confirm your booking, if you have used a Voucher to purchase Services will not be able to issue any refund to you unless we are able to re-book your place.
7.4 Where you have purchased Services from us at full price, a cancellation charge will be payable in accordance with the following provisions.
7.5 The applicable cancellation charge shall be a percentage of the total amount payable by you for the Services you have cancelled and will depend upon the length of time before departure when your written notification of cancellation is received by us as follows:
(a) 51 days or over prior to departure – 25%;
(b) 36 to 50 days prior to departure - 40%;
(c) 26 to 35 days prior to departure - 60%;
(d) 15 to 25 days prior to departure - 80%; and
(e) 14 or less days - 100%.
7.6 No refunds will be given in respect of activities which you book and then do not take part in whilst one of our programmes (for example if you miss the start time of the activity and/or change your mind).
8. OTHER PRODUCTS AND SERVICES
We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertakings or warranties in respect of products or services you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller. If you would like information about your legal rights you should contact your local trading standards or citizens advice bureau.
9. WARRANTY AND LIABILITY
9.1 We warrant to you that we will exercise reasonable care and skill in delivering Services to you. All other warranties, express or implied, are hereby excluded.
9.2 Subject to clause 9.4, we shall only be liable to you (whether for breach of contract, in tort, for breach of statutory duty, or otherwise) for the price you have paid for the Services.
9.3 Subject to clause 9.4, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of information or data; or
(f) waste of management or office time.
However, this clause 9.3 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 9.3.
9.4 Nothing in this agreement excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
10. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be posted to Drake Academy Limited at 1st Floor, 2 Woodberry Grove, North Finchley, London N12 0DR. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 10 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
12. TRANSFER OF RIGHTS AND OBLIGATIONS
12.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
12.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
13. EVENTS OUTSIDE OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) adverse weather conditions;
(e) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(f) the negligence or default of any third party or subcontractor;
(g) impossibility of the use of public or private telecommunications networks;
(h) the acts, decrees, legislation, regulations or restrictions of any government; and
(i) pandemic or epidemic.
13.3 Our performance under any Contract shall be deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
14.1 If we fail, at any time during the term of a Contract, to insist upon the strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
14.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
14.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11 above.
If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
16. ENTIRE AGREEMENT
16.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
16.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
16.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
16.4 Nothing in this clause limits or excludes any liability for fraud.
17. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
17.1 We have the right to revise and amend these terms and conditions from time to time to reflect, inter alia, changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
17.2 You will be subject to the policies and terms and conditions in force at the time that you order Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the order confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within five working days).
18. LAW AND JURISDICTION
Contracts for the purchase of Services 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 English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
19. THIRD PARTY RIGHTS
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
APPENDIX 1: SPECIAL TERMS RELATING TO BRITISH VIRGIN ISLANDS ADVENTURE FLOTILLA and YACHT CRUISE in BRITISH VIRGIN ISLANDS
The following restrictions apply to this programme:
Provisional dates when the programme will run (with places subject to availability):
3-Night Cruise, Departing on 3/8/12, 6/8/12, 9/8/12, 12/8/12, 15/8/12, 18/8/12, 21/8/12, 24/8/12, 17/8/12, 30/8/12, 2/9/12, 5/9/12, 8/9/12, 11/9/12, 14/9/12, 17/9/12, or 20/9/12 (Other dates are available at subject to additional cost and availability)
5-Night Cruise, Departing on 5/8/12, 10/8/12, 15/8/12, 20/8/12, 25/8/12, 30/8/12, 4/9/12, 9/9/12, 14/9/12, or 19/9/12 (Other dates are available at subject to additional cost and availability)
7-Night Cruise, Departing on 4/8/12, 11/8/12, 18/8/12, 25/8/12, 1/9/12, 8/9/12, 15/9/12, or 22/9/12 (Other dates are available at subject to additional cost and availability)