General terms and conditions

and Special conditions of activities

General terms and conditions

1. Introduction

These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions. This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.

2. Intellectual Property Rights.

Other than content you own, which you may have opted to include on this Website, under these Terms, Meltem Sailing MCPY and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website,

Restrictions.

You are expressly and emphatically restricted from all of the following:

  • publishing any Website material in any media;
  • selling, sublicensing and/or otherwise commercializing any Website material;
  • publicly performing and/or showing any Website material;
  • using this Website in any way that is, or may be, damaging to this Website;
  • using this Website in any way that impacts user access to this Website;
  • using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
  • using this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access by you and Meltem Sailing MCPY may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

4. Your Content.

In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Meltem Sailing MCPY a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. Your Content must be your own and must not be infringing on any third party’s rights. Meltem Sailing MCPY reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

5. No warranties.

This Website is provided “as is,” with all faults, and Meltem Sailing MCPY makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

6. Limitation of liability.

In no event shall Meltem Sailing MCPY, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Meltem Sailing MCPY, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

Indemnification.

You hereby indemnify to the fullest extent Meltem Sailing MCPY from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

8. Severability.

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

9. Variation of Terms.

Meltem Sailing MCPY is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

10. Assignment.

Meltem Sailing MCPY shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement.

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Meltem Sailing MCPY and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

12. Governing Law & Jurisdiction.

These Terms will be governed by and construed in accordance with the laws of Greece, and you submit to the non-exclusive jurisdiction of Greece for the resolution of any disputes.

Special conditions of activities proposed by Meltem Sailing MCPY

These Conditions of Sale, additional to the general conditions of the tourism code, are applicable to the booking you make with Meltem Sailing MCPY and should therefore be read carefully. These conditions contain certain exclusions and limitations of liability. If any of these booking conditions are invalid or unenforceable, the remainder of these booking conditions will not be affected and will remain valid and enforceable.

Pre-sales conditions

1. Price

Prices listed on our website have been established on the information known at their registration dates and are valid for the determined number of participants. Our prices are calculated in a lump sum manner including the set of services described in our registration forms. The detail of the services which are included or not in the price is specific to each cruise. Refer directly to the product sheet. In general terms, prices don't include:

  • drinks or meal taken ashore, personal expenses, excursions and optional activities
  • Visa fees, tourist taxes charged to passengers entering or leaving the country visited
  • transferts from/to our base
Minors

Requests for the registration of unaccompanied minors by their parents or guardians must be signed by their father, mother or legal guardian and marked "parent's or guardian's agreement". Minors must be in possession of their identity documents required for a trip abroad. These documents may be necessary even for minors accompanied by their parents or guardian (family record and national identity card or passport and, if necessary, authorisation to leave the territory). Day trip cruises are not suitable for kids younger than 12 years old and for passenger older than 65 years old. If booked, the crew may refuse them boarding and refund will not be possible in any circumstance.

Price revision clause

Our prices were determined based on the point-in-time economic data at the time of their establishment. Prices follow a very high end algorithm and may go up and down depending on the date, the number of passengers or any other parameter our Artificial Intelligence system may found valid. In the event of a significant change in one or more of these data, we may have to modify our selling prices.

2. Reservation, payment and confirmation

Reservations can be made by email, chat or on our website, accompanied by payment:

  • More than 30 days before departure: a deposit of 50% of the amount of the cruise. The remaining balance will be paid directly to the crew on the first day of the cruise the latest, either by cash or by credit/debit card.
  • Less than 30 days before departure: a deposit of 100% of the amount of the cruise.

Any delay in the payment of a deposit or the balance may be considered as a cancellation for which the cancellation fees provided for in article 4 will be applied.

The payment of the deposit implies the acceptance of the reservation. In accordance with the Consumer Code (article L 121-20-4), you do not benefit from a withdrawal period when ordering travel services via our website.

After Sales conditions

3. Starting the activity

The start of the activity may take place once the formalities below have been completed:

  • Full payment of the full price of the service and any options
  • Verification / validation of the information submitted in the travel contract.
  • The submission of the list of travellers and additional information requested by Meltem Sailing MCPY.

4. Cancellation or reduction of the cruise time

We remind you that the activity is subject to weather hazards! For your safety, the skipper is the only judge of the good conditions, and has the right to modify, without any notice, the itinerary of the cruise. Any partial or total modification will in no case allow a refund or compensation. If the skipper have to cancel the activity completely, the customer will be given a chance to rebook another day if available. If no availability is found (because the yacht is not available or the customer), a total refund of the monies already paid will be issued. The delay is depending on the Company's bank, and the Customer's bank and is not subject to any interest.

If the forecast is more than 6 beaufort, the day will be cancelled and Customer entitled to a refund in the conditions described in the present terms.

In the event of cancellation of the activity by the skipper for reasons beyond his control (technical reasons, or other events preventing the performance of the activity, for example the incapacity of the instructor for medical reasons), Meltem Sailing MCPY undertakes to do their utmost to offer the customer an alternative solution. It is an obligation of means and not of result. In the event that the Company is unable to find an alternative solution, the Company undertakes to return the sums paid by the customer on the xanemo-sailing.com website without the latter being entitled to any refund. In case of late departure or early return, the sums paid are not reimbursed, and the participant may not claim any compensation. In all cases, the amounts returned by Meltem Sailing MCPY can not exceed the amount of money paid to the site by the customer.

5. Customer conduct

During the duration of the activity, the client must at all times behave in a reasonable and responsible manner. This applies in particular to the use of the equipment. The client must also follow the instructions given by the supervisory staff. The local partner reserves the right to terminate the contract without damages in case the behaviour of the customer or one of his companions causes harm, damage, danger or inconvenience to the professional team, or other customers or third parties or property (and in the reasonable opinion of the Company). The Company will not be liable for damages or damage caused by the customer or any of the accompanying members.

A flat fee of 20 euros will be charged to the Customer in the event of a damage caused, voluntarily or not to any part of the snorkeling equipment. The fee will be paid by cash or credit/debit card directly to the crew on the day of the damage at best, on the last day of the cruise at last.

6. Customer obligations

If the customer is not present on the date or time indicated on the contract, the customer must inform Meltem Sailing MCPY directly as soon as possible. The client must respect the dates of the end of the activity. In case of delay due to the customer, the Company must be informed immediately. The Company can not claim compensation of any kind if the customer can prove that the late return is due to conditions beyond his control, not foreseeable by the customer: case of force majeure. The weather conditions are not considered as conditions of force majeure. Drug use before or during the activity is prohibited. The Company shall not be liable for claims arising out of material or physical damage related to the use of alcohol or drugs.

7. Insurance and Liability

By booking a cruise, the Customer declares being able to swim without assistance. Each participant must comply with the advice and instructions given by the accompanying professional, the Company nor the crew can not be held responsible for incidents, accidents and bodily injuries that may result from personal initiative or reckless not respecting the instructions of the supervisor. The client is encouraged before the start of the activity to consult his own personal health and civil liability insurance, to ensure adequate coverage during the activity. Meltem Sailing MCPY draws the attention of its customers to the need to be properly insured in civil liability abroad.

The dinghy present on board may not be used as a game, nor its engine and will be operated only by the Crew.

8. Accidental damage, fire, theft

Meltem Sailing MCPY is in no way responsible for any damage or theft on site. The Company and the customer will have to reach an agreement on the follow-up to be given to the course of the trip.

9. Retraction of the client

9.a Before the appointment

This cancellation must be notified to the Company by email at info [at] xanemo-sailing [dot] com. All or part of the amount paid will be retained by the Company according to the following cancellation schedule.

  • If the booking regards a Standard Fare, the total amount will be kept no matter the time of the cancellation. If the cancellation is due to bad weather (under the Skipper's jugement only), a refund of 100% of the amount will be issued.
  • If the booking regards a refundable Fare, cancellations made more than 30 days before the first day of the cruise will result in a 100% refund. Cancellations made less than 30 days before will result in a charge of 50% of the total amount paid.

The rescheduling of a cruise doesn't entitle the Customer to be refunded of any fee or cost he may contract as a result. In case of fraud, suspicion of fraud or doubtful reservation entailing a risk for the payment of the service by the customer, the Company may unilaterally decide to cancel the reservation.

9.b Anticipated end of activity at the initiative of the client

Customer may decide the end the activity at any time and won't be charged extra for this nor entitled to any refund.

10. Transfer of contract

Contract is not transferable and the Customer must be present on the yacht for departure.

11. General

The customer can not claim the loss of time or expense that results from defects and failures that occur on-site, unless they result from gross negligence of the Company. Meltem Sailing MCPY shall not be held responsible for onshore activities. The Company may refuse permission to come onboard to the Customer if its presence may compromise security (drunk, broken leg, reduced mobility) of the Yacht, other Customers or its Crew without give rise to any refund.

12. Case of force majeure

Force majeure means declared or undeclared wartime events, general strike, epidemic diseases, quarantine, fire, exceptional floods, accidents or other events beyond the control of two parts. Neither party will be held responsible for the delay due to force majeure events. In case of force majeure, found by one of the parties, it must inform the other party as soon as possible in writing or email. The other party will have ten days to see it.

13. Integrity of the contract

The present general conditions as well as the special conditions and all its annexes constitute the entire travel contract.

14. Governing Law

This contract is governed by Greek law. In the absence of an amicable agreement between the parties, any dispute relating to the validity, interpretation, performance or breach of the contract will be subject to the jurisdiction of the courts of Pireaus, notwithstanding multiple defendants or the introduction of third parties.