Seaxplorer Limited Terms and Conditions
1. General Issues. These Booking Terms and Conditions apply to the booking of fast boat tours with Seaxplorer Limited (the “trip”). These Booking Terms and Conditions contain important information concerning participation by you and members of your party and, accordingly, you acknowledge and agree that you shall ensure that all members of your party are aware of and accept these Booking Terms and Conditions. No variation to these Booking Terms and Conditions shall be binding unless agreed in writing by Seaxplorer. Any typographical clerical or other error or omission in any booking confirmation or other documentation issued by Seaxplorer (including any electronic documentation) shall be subject to correction without any liability on the part of Seaxplorer. Seaxplorer reserves the right to make changes to the Activities whether to conform with any applicable safety or other statutory requirements or otherwise.
3. Safety. Even though Seaxplorer carries full Public Liability Insurance, it is strongly suggested that participants carry their own personal accident policy that covers them for the trip they are undertaking. Personal accident policies are usually available from your own insurance broker. ALL participants must be made aware by the person booking the trip that all outdoor adventurous activities carry a degree of risk, even though Seaxplorer has tried to minimize these risks. Participants will only be accepted on the understanding that they are aware of these risks and wish to participate of their own free will. All participants will be asked to read, understand and sign a Declaration of Risk outlining the specific hazards of their trip, this will be completed prior to the trip taking place. Under 16s will have the aforementioned form signed by a parent or guardian. All school and youth group trips will require parental / guardian consent forms and medical forms to be completed prior to the trip. All participants will receive detailed safety training from the skipper.
Seaxplorer reserves the right to refuse admittance to the trip or to remove a participant from the trip should it deem it necessary to do so. This includes a participant who does not comply with the safety rules and advice or who is deemed to be under the influence of alcohol or drugs.
A participating adult must accompany under 18 year olds. One adult is permitted to supervise either a maximum of two where one or both is under 16 years old or up to five 16 – 17 year olds.
All participants must be reasonably fit and healthy. Younger children are permitted to travel on the Seaxplorer Fast Boat / Fishing under close supervision of their parent / guardian. If you have any concerns, we advise that you visit the Harbour Cabin at a time prior to your booking and speak to a member of the Seaxplorer staff.
Anyone who does not meet these requirements will not be allowed to undertake the trip. It is your responsibility to ensure that all members of your party meet these requirements. If participants have medical concerns they are advised to consult their doctor in advance. Participants will be required to certify that they do not suffer from any medical condition which would make it more likely that they would be involved in any incident which could result in injury to themselves or others. Due to the physical nature of the Activities, Seaxplorer recommends that pregnant women should not take part. Pregnant women who still wish to undertake the trip will be required to sign a disclaimer confirming that they are aware that there are risks to them and to their unborn child and that participation in the trip is at their own risk. (see Risk Acknowledgement and Disclaimer). Participants need to be able to see similar distances to those required to drive a car in order to be able to participate and to supervise any under 18’s in their care. Consequently, short or long sighted participants must ensure that they wear contact lenses or prescribed glasses.
All participants are required to act responsibly and courteously at all times and to respect other participants. Seaxplorer shall be entitled to prevent any person from undertaking or completing the trip in the event it deems the behaviour of any participant unsuitable. Participants must be dressed appropriately (see clause 4) and Seaxplorer reserves the right to refuse admittance to the trip to any participant who is not appropriately dressed. No refunds or compensation will be payable by Seaxplorer in the event that any participant is not permitted to, or decides not to, undertake or complete the boat trip for the reasons set out in this clause.
The trip will operate in most weather conditions (but not in circumstances of gales, lightning, heavy ice or snow). We reserve the right to cancel or postpone any trip/activity due to inclement weather.
4. Clothing. It shall be the responsibility of all participants to ensure that they are dressed appropriately and Seaxplorer advises participants to wear clothing appropriate for the weather conditions and which they do not mind getting wet/damp. Seaxplorer will not be responsible for any damage to or loss of clothing or other personal items of persons resulting from participation in the trip. Included in the cost of the activity is all of the necessary safety equipment and qualified, professional guiding. We provide waterproofs and hats and gloves if necessary but please bring warm clothing for under the waterproofs as even on a sunny day travelling at 20 knots feels a lot cooler!
5. Cancellations. Any requests for cancellation must be made by telephoning the booking line: 01855 413 203.
If you need to cancel a Seaxplorer Fast Boat / Fishing booking the following charges will apply:
Up to 48 hours before departure – 90% refund (10% fee to cover admin costs)
Up to 24 hours before departure – 75% refund
Less than 24 hours notice – No refund. Most cancellations are due to unforeseen circumstances of one sort or another which is why we go out of our way to recommend holiday insurance.
Seaxplorer shall be entitled to cancel your booking at any time. In the event that Seaxplorer decides to cancel your booking it shall use its reasonable endeavours to notify you as soon as possible. You shall be entitled to a full refund in the event of cancellation under this clause but no other compensation shall be payable. In the event that it proves necessary to close the trip for reasons beyond the control of Seaxplorer and in circumstances where your party has commenced participation on the trip, you shall not be entitled to any refund (in part or in whole). In such circumstances Seaxplorer may, but shall not be obliged to, offer alternative dates or times at reduced rates.
6. Price and Payment. Subject to any terms agreed in writing between Seaxplorer and you, our charges shall be calculated at our current rates and payment in full shall be due at the time of booking. The charges include the cost of purchasing the Activities. Payment may be made by debit or credit card either on line or by contacting the booking line: 01855 413 203. Accredited companies may pay on receipt of invoice. Invoices payable within 15 days.
7. Refunds and Amendments. Payments made by debit or credit card will be refunded to the same card or, if the card has subsequently expired, by cheque. Payments made by Gift Voucher will be refunded by the issuing of a replacement Gift Voucher to the same value. Where multiple forms of payment are used, Seaxplorer reserves the right to refund any monies due on a refund or amendment by credit or cheque. If you cancel you will still have to pay and there are no refunds or exchanges, so the only way to get your money back is if you are covered by holiday insurance. Vouchers and Gift Certificates: These are open for 12 months and no refund is available. You may transfer the ticket or you may even sell or donate the ticket to charity (you MUST let us know first please). If the activity is cancelled due to weather or logistics then the ticket is kept open but there is no refund. We reserve the right to delay any sailing by up to 4 hours for logistical, safety or commercial reasons. Most sailings depart exactly on time but sometimes we have to change. If you have a specific reason why you cannot delay then let us know – we will be sympathetic and will offer up to 100% refund.
8. Liabilities. Except as otherwise provided in these Booking Terms and Conditions Seaxplorer shall not be responsible for the loss, or damage, of or to any property or to any person arising from the booking of or participation on thetrip. Parking facilities are available at the site free of charge, and any vehicles are left at the owners’ risk. Except as otherwise provided in these Booking Terms and Conditions any liability of Seaxplorer shall be limited to the refund of any charges paid to Seaxplorer. Nothing contained in these Booking Terms and Conditions is intended to nor shall limit the liability of Seaxplorer in respect of death or personal injury caused by the negligence of Seaxplorer or of its employees, agents or contractors. Seaxplorer is promoted within the “Glencoe Activities” family of exciting outdoor opportunities around the loch at Glencoe. Neither Glencoe Activities or its holding company Ossian Developments Limited have any liability whatsoever for the activities: the fast boat experience is the full responsibility of Seaxplorer Limited.
9. Miscellaneous. If any of these terms are determined to be illegal, invalid or otherwise unenforceable it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and continue to be binding and enforceable. Nothing above shall confer on any third party any benefit or the right to enforce any of these Booking Terms and Conditions. These Booking Terms and Conditions shall be governed by and interpreted in accordance with the laws of Scotland and Seaxplorer and you submit to the exclusive jurisdiction. Seaxplorer reserve the right to make alterations to website and other marketing media details, and any other company documents, before and after any booking has been received and confirmed. Most of these changes will be minor and in most cases we will inform you at the earliest opportunity.
Registered in Scotland