Tallship Søren Larsen

Terms and Conditions - 19 January 2011

 These terms and conditions are issued on behalf of the ship “Soren Larsen”, the ship owners, charterers, managers and operators of the ship “Soren Larsen” (“the Owners”). The Owners’ obligations to Voyage Crew Members are governed solely by these terms and conditions.

 How to Book
1. You must send us a completed and signed booking form together with a deposit of 33%. Confirmation of your booking will be issued upon receipt, but will be conditional on us receiving from you a completed medical questionnaire which is satisfactory to us; and evidence that you have taken out travel and medical insurance. The balance of the fare is due no later than 75 days prior to departure.

Cancellation
2. If for any reason your booking cannot be accepted, the deposit will be refunded. If you cancel within 30 days of booking and at least 75 days prior to departure a full refund, less an administration fee, will be made. Your deposit will be non-refundable 30 days after the date of booking. If you cancel your booking 45 days or more before the date of departure we will refund 50% of monies paid, excluding your deposit. If a cancellation is made within 45 days of departure no refund will be made.

Voyage Costs
3. Each fare includes one berth as a Voyage Crew Member on a surveyed square rigged sailing vessel, professionally crewed in accordance with survey requirements for the duration of the voyage, plus three meals per day whilst on board. The fare does not include passports or visas, insurance, any local taxes including departure and landing tax; personal clothing, medical expenses, items of a personal nature, alcohol, individual arrangements and travel to or from point of departure or arrival.

Your Role as a Voyage Crew
4. Although you will be embarking on an adventure holiday and the emphasis will be on your enjoyment of the experience, you will be on the vessel as a Voyage Crew Member. Your role as a Voyage Crew Member will involve you learning about and participating in ship-board life. Allowances will be made for age and abilities. No previous sailing experience is necessary.

Health, Fitness, Age
5. All Voyage Crew Members must be in good health and must complete a confidential medical questionnaire which will be given to you by your travel agent or posted to you with your copy of the Soren Larsen handbook. The questionnaire should be returned to our office or your travel agent within 14 days of receipt so that it can be assessed, as your medical profile may affect your ability to undertake certain tasks. Anyone who will be 70 years or older during the voyage must have their questionnaire countersigned by a medical doctor. All information given to us is kept confidential. Please note that we reserve the right to refuse your booking based on your medical information, but this right is rarely exercised and in such a case a full refund will be given. There is no upper or lower age limitation but each child under the age of 16 must be accompanied by an adult.

Insurance
6. We require you to hold a suitable travel and medical insurance policy for all voyages outside your own country. We recommend that the policy covers you for loss of deposits and fares, sickness, injury, cancellation, and additional expenses such as delay costs and loss of baggage.

Airline Connections and Bookings
7. By law we are required to see a valid airline ticket or proof of citizenship acceptable to the authorities at your point of departure. This must be given to the ship's purser when you board the vessel otherwise your voyage may be terminated without refund. We also require your flight details, itinerary, and hotel contact details, these can be emailed to the ship's office or your agent.

8. All joining and finishing points are serviced by airlines, but because of the often unique locations, we recommend you book your flights early to avoid difficulties. You should allow a day or two at the end of the voyage in case there are delays.

Additional Accommodation
9. Your travel agent will be able to arrange hotel accommodation for you prior to and on completion of your chosen voyage. If you are joining the vessel for two or more consecutive voyages you may be able to stay aboard during the days between voyages on a B & B basis at no additional charge. (An exception is when the vessel is under maintenance when you will be asked to find your own accommodation ashore). However please appreciate the vessel has to be prepared for her next voyage, so it could well be a little chaotic at times with meal times disturbed if not cancelled.

Itinerary Changes
10. Changes and delays to any itinerary may occur as a result of weather or sea conditions, readiness of the vessel, mechanical breakdown or any other reason. The vessel may make use of her engine to maintain schedules. All decisions will be made by the Master and no refunds will be available as a result nor is liability accepted by the owner or travel agents as a result of any of these matters.

Berths and Cabins
11. The allocation of berths to Voyage Crew Members will be at the sole discretion of the Owners and the Master. Voyage Crew Members may at any time be required to move from any berth to any other berth.

Additional Special Terms (new 2006, ammended 28 Oct 2010)
12. Voyage Crew Members must comply with all directions given by the Master or on his behalf for the maintenance of order and cleanliness on board the ship and for the safety of the ship and all persons on board.

13. Voyage Crew Members must not take on board goods of a potentially noxious, dangerous, hazardous, inflammable, explosive or damaging nature, including cartridges, firearms, non-safety matches and acids. The Voyage Crew Member will be liable for and shall indemnify the Owners against any loss or damage arising from breach of this term. The Master or his delegated officer may enter any cabin at any time for the purpose of searching for controlled or prohibited substances which the Master suspects are in the cabin; or for purposes associated with any repair or maintenance work aboard the ship. The Master or his delegated officer shall in such circumstances be entitled to take with him any crew members that are deemed necessary for the purposes of such search, repair or maintenance.

14. The Owners shall not be liable for any loss whatsoever suffered by any Voyage Crew Member in respect of any loss of or damage to the Voyage Crew Member’s property whether such property is on or near the ship or any premises used by the Owners, or in any conveyance used by the Owners for the transportation of Voyage Crew Members and/or their property, whether or not any such loss is caused by the negligence or fault of the Owners or their servants, agents or independent contractors. "Property" includes baggage, money, valuables and any other property whatsoever of the Voyage Crew Member.

15. If the performance of the voyage or proposed voyage is, or in the opinion of Owners is likely to be, delayed, hindered, postponed or prevented by Acts of God, intervention or interference of any kind by a Government or a Ruler, war or preparation for war whether or not a declaration of war has been made, or armed hostilities, riots, insurrection or civil commotions, delay in transport, delay in delivery or non-delivery of materials or equipment for the ship, reduction of normal working hours, labour disputes, strikes, lockouts, shortage of labour or materials, fire or other damage affecting the ship or the premises of the Owners, abnormal weather conditions, or by any other cause of any kind whatsoever beyond the control of the Owners, or if the Owners consider that for any reason whatsoever proceeding to, attempting to enter, or entering or remaining at the port or place of disembarkation may expose the ship to risk of loss or damage or delay, the Voyage Crew Members and their property may be landed at the port of embarkation or at any port or place which the Owners or Master in his or their discretion may reasonably decide on, at which time the responsibility of the Owners shall cease and this contract shall be deemed to have been fully performed; or if the Voyage Crew Member has not embarked the Owners may cancel the proposed voyage. The Voyage Crew Member shall have no claim whatsoever against the Owners in respect of such refusal or cancellation.

16. The Owners shall not be liable for any delay or inconvenience, or for any loss, expense, or damage howsoever resulting therefrom which is suffered by any Voyage Crew Member, whether or not such delay or inconvenience, or resulting loss, expense, or damage, arises from negligence or default of the Owners, their servants, agents or independent contractors and whether on land or at sea.

17. In accepting these terms and conditions each Voyage Crew Member is deemed to offer to the Owners as agent for the Owners’ servants, agent and independent contractors (“Protected Persons”) (such offer being accepted by the Owners as such agent) to confer on them the following protections:-

(i) Where acceptance of the offer constitutes a contract of which New Zealand law is the proper law, the benefit of every limitation of or exception from liability, and of every defence or immunity from claims, provided for the benefit of the Owners under these terms and conditions, or

(ii) In any other case, complete and total exemption from all liability and immunity from all claims howsoever arising and whether or not involving any negligence or fault on the part of the Protected Person.

The consideration for such offer and for any contract made pursuant thereto shall be the provision or prospective provision by any of the Protected Persons of any services for the benefit, whether direct or indirect, of the Voyage Crew Member or in connection with the performance by the Owners of their obligations under these terms and conditions.

Acceptance by the Owners of such offer shall be deemed to be ratified severally by the Protected Persons (whether or not any of them then has actual knowledge of the terms of the offer) upon their providing any such service as aforesaid whether or not the Voyage Crew Member has notice thereof.

18. The Voyage Crew Member shall be liable to and shall reimburse the Owners for all damage to the ship and its furnishings and equipment, or any property of the Owners, caused directly or indirectly in whole or in part by any wilful or negligent act or omission on the part of the Voyage Crew Member, and the Voyage Crew Member shall indemnify the Owners and its agents and servants against all liability whatsoever which the Owners or such agents or servants may incur towards any person or entity for any personal injury or death, loss or damage to property caused directly or indirectly in whole or in part by any wilful or negligent act or omission on the part of the Voyage Crew Member.

 19. In case of quarantine, each Voyage Crew Member must personally bear all risks and expenses thereby caused including the cost of maintenance during the period of detention. The Voyage Crew Member agrees to abide by all orders and direction of the ship's Master or any medical officer purporting to represent the government of any nation or department thereof.

20. The Voyage Crew Member assumes all risk of war and warlike operations and releases the Owners from all claims and liabilities of any sort or description in any way connected with the risk of war or warlike operations of any kind or description. The ship may sail with or without lights and if necessary in the judgment of the Master or Owners to avoid the danger of hostile attack, may fail to observe any practices, rules or regulations which may be applicable in times of peace. The Owners shall not be liable for any errors in judgment of the Master or personnel of the ship in seeking to avoid capture, seizure, detention or destruction. The ship may sail armed or unarmed or with or without convoy and may carry any contraband, explosives, munitions, warlike stores and hazardous cargo unless prohibited by statute.

21. The Owners shall have liberty to comply with any orders, recommendations or directions whatsoever given by the government of any nation or by any department thereof, or any person acting or purporting to act with authority of such government or department, or by any committee or person having under the terms of the war risks insurance on the ship the right to give such orders, recommendations or directions, and if by reason of and in compliance with any such orders, recommendations, or directions anything is done or is not done the same shall not be deemed a deviation or a breach of this contract. Disembarkation of any Voyage Crew Member or discharge of their property in accordance with such orders, recommendations, or directions shall constitute due and proper fulfilment of the obligations of the Owners under this contract.

22. If for any reason whatsoever the Voyage Crew Member is refused permission to land at the port of disembarkation or any other port, the Voyage Crew Member and their property may be landed at any port or place at which the ship calls or be carried back to the port of embarkation or be provided with such form of transport to such destination as the Owners may by law be obliged to arrange and shall pay the Owners full fare according to the tariff in use at such time for such further carriage or transport which shall be upon the terms herein contained or such other terms as the Owners may arrange on behalf of the Voyage Crew Member. The Voyage Crew Member shall indemnify the Owners against all loss and expense incurred in connection with or as a result of such refusal or permission to land.

23. To the extent that in any given case the Athens Convention is held to apply then, in the event of any inconsistency between these terms and conditions and those of the Athens Convention, the terms of the Athens Convention shall prevail to the extent of such inconsistency.

24. To the extent that the law of the flag of the vessel is held to apply to and govern the relationships between the Owners and the Voyage Crew Members and the obligations of the Owners towards Voyage Crew Members then, to the extent of any inconsistency between these terms and conditions and the law of the flag state (where such law cannot be contracted out of) the law of the flag state shall prevail.

25.Subject to clause 24 above, the contract of which these terms and conditions form part is deemed to have been made in New Zealand. The contract and any proceedings relating to it shall be governed by New Zealand law and the courts of New Zealand shall have exclusive jurisdiction in respect of such proceedings. The Voyage Crew Member submits to such exclusive jurisdiction.