VAGABONDE ADVENTURES

TERMS & CONDITIONS

The following Terms & Conditions are applicable to all Vagabonde Adventurers charterers, students, and guests.  All charters and courses will be collectively referred to as “Charters” for the purposes of these Terms and Conditions. 


  1. PARTIES

 “We” and its related pronouns and adjectives refers to Vagabonde Adventures, a Delaware limited liability company, its officers, captains, instructors, chefs, crew members, agents, assigns and successors. “You” and its related pronouns and adjectives refers to all persons named on the associated Charter reservation. 


  1. BOOKING AND PAYMENT POLICY

We require a 50% deposit to reserve your charter and the balance will be due 90 days prior to your arrival. Payments are processed through Stripe and we send an online invoice for payment to your email address. You can pay by credit card or wire payment, contact us for other payment methods. Credit card transactions may incur an additional processing fee.

When booking a cabin onboard a shared trip or flotilla, payment is required in full at time of booking.

Gratuity is welcomed and is a standard practice in the yacht charter industry.  Any gratuity received is split evenly among the crew.  If you are satisfied with your experience, we recommend a gratuity of approximately 15 - 20% of the Charter cost.  Gratuity can be paid in cash directly to the crew or sent to Vagabonde Adventures directly to be distributed in full.  


  1. TRAVEL INSURANCE

You are recommended to purchase travel insurance, including, but not limited to, your Charter reservation, transportation, and accommodations, in case of an emergency, personal or family illness, airline delays or cancellations, lost luggage, epidemics, national disasters, war, and other external forces out of your control.  Travel insurance must be purchased at your own expense.  If you choose not to purchase travel insurance, you forfeit the right to a refund or credit in the event you must cancel your trip with Vagabonde Adventures. In the unlikely event that you must use your travel insurance, we agree to comply with your reasonable request for any documentation or information the insurance company needs, to the extent we have such documentation or information.


  1. CANCELLATION POLICY

All Charter deposits are nonrefundable, unless otherwise specifically noted in the Terms and Conditions. 

For cancellations more than 60 days before the voyage you can try and cover your booking using your personal network. Vagabonde Adventures may also advertise on your behalf in hopes of rebooking and providing a refund, but we cannot guarantee Vagabonde Adventures will be able to rebook and issue your money back. Please consult our service team to discuss in detail info@vagabondeadventures.com 

We may need to cancel a course due to unforeseen circumstances or natural events such as forcé majeur including but not limited to hurricanes and hurricane-affected areas.

If such an occurrence happens we will offer an alternative trip but not issue any refunds.  In the event that you would like the flexibility to receive a full refund, we recommend your taking out trip insurance.

We reserve the right to cancel a trip at any time without reason. If we cancel without reason we shall return all monies paid by you to us in respect of the provision of the trip.


  1. VOYAGE PLANNING


  1. SCHEDULE

You are reserving the number of slots in our Charter for the time and location indicated in your reservation.  While we will make reasonable efforts to avoid schedule changes, we reserve the right to do so for safety, logistical, or other reasons.  If we need to change the schedule for any reason, we will work with you to find acceptable dates to the extent possible for all parties associated with your Charter. You may be entitled to credit towards a future Charter or a refund due to schedule changes initiated by us. 


  1. CREW ASSIGNMENTS

Vagabonde Adventures Charters are led by an energetic crew of explorers and sailors coming from an interdisciplinary background with a shared enthusiasm for adventure with the vagabonds.  Captains are trained professionals with unique experiences and sailing backgrounds offering a variety of information and life experiences to each journey.  Vagabonde Adventures prides itself on the passion our captains have towards curating global adventure for the enjoyment of everyone involved.

Crew introductions are made between three and four weeks before the journey start date. Vagabonde Adventures reserves the right to change crew assignments up to the start of the Charter. Clients can request a specific crew member for an additional fee of $1,000 per crew member; if for any reason the crew member is not available, the fee will be reimbursed.


  1.  VESSEL ASSIGNMENT

Charters will occur aboard the vessel, La Vagabonde.  However, in the rare event La Vagabonde is not able to be operated for the duration of your Charter, we reserve the right to provide an alternative vessel.  If your vessel changes after booking, you will be notified as soon as reasonably possible.  You will be offered an alternative vessel of equal or greater size or quality for no additional cost.  If the only available alternative vessel is of lesser size or quality, you are entitled to a refund of the price difference. 


  1. REIMBURSEMENTS & PAYMENTS

Recipients of any and all reimbursable payments or refunds from Vagabonde Adventures are issued within 14 days of invoice or receipt issued by Vagabonde Adventures to the recipient, not including any banking institution or cash app processing time. 


  1. MEDICAL CARE

You represent that you are in good health and in proper physical condition to participate in the Charter, and that you do not have any medical problems or are under the influence of alcohol or any illicit or prescription drugs which would impair your ability to safely participate in this Charter. You agree that it is your sole responsibility to determine whether you are sufficiently fit and healthy enough to participate in the Charter, that you are responsible for your own safety and well-being at all times and under all circumstances while participating in the Charter. You authorize Vagabonde Adventures to: (a) Administer emergency first aid, CPR when deemed necessary; (b) Secure emergency medical care or transportation (i.e., EMS) when deemed necessary; (c) Share your medical history with emergency medical personnel when deemed necessary; and (d) Assume all costs of emergency medical care and transportation. You grant permission to Vagabonde Adventures to authorize and administer emergency medical treatment that is deemed necessary.



  1. SAFETY PROCEDURES

You agree to: (a) Abide by the rules established by Vagabonde Adventures, these Terms & Conditions, and any contracted vendors; (b) Abide by the instructions of Vagabonde Adventures and any contracted vendors and abide any action they deem necessary in the event of misbehavior on your part; (c) Inform Vagabonde Adventures or its representatives immediately if you become aware of participant conduct or equipment condition that presents a danger to you or others; (d) Wear any required equipment at all times while participating in the Charter; and (e) Terminate your participation if Vagabonde Adventures or its representative judges that you are incapable of safely meeting the rigors of the activity. You accept the right Vagabonde Adventures to take such actions for the safely of yourself and/or other participants.


  1. BEHAVIOR & CONDUCT

Vagabonde Adventures captain has the right to suspend the activity and participation of a client on any Vagabonde Adventures trip if behavior is erratic, unsafe, belligerent, or defiant of captains’ commands and orders. In the event your Charter is suspended or cancelled due to your inappropriate or unsafe behavior or conduct, you will not be refunded for your Charter. You will be responsible for any and all extra financial costs arising from the suspension or cancellation of the Charter, including costs of lost, damaged or destroyed equipment resulting from your misconduct. Erratic and unsafe behaviors include but is not limited to: excessive drinking of alcohol, use of illegal drugs, unsafe practices aboard, damaging the boat, willful defiance of the captain and their commands (in regards to safety), sexual harassment, physical and verbal violence, or other inexcusable conduct. It is the right of the captain to judge erratic behavior as they deem fit for the situation.


  1. MEDIA

By agreeing to these Terms and Conditions, you are expressing full permission and consent to Vagabonde Adventures the right to use your (or the minor whom you are signing for as a guardian or who is in your custody) name, likeness, image, voice, photographs, or video recordings taking during the Charter in any promotional, advertising, marketing, social media or other purposes relating to or promoting Vagabonde Adventures or Sailing La Vagabonde, now or in the future, in all media and other outlets, whether in television, streaming, applications, podcasts, radio, social media, online, in print or other future forms of engagement, without consideration. You waive all legal and all equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyrights or trademark infringement, whether such claims are known now or in the future. You are not entitled to compensation for the use of such images.  Vagabonde Adventures is not responsible for internet circulation of images via social media or other outlets outside the photo content on platforms operated and maintained by Vagabonde Adventures or Sailing La Vagabonde. If you do not wish to be photographed during your Charter, you must inform Vagabonde Adventures in advance. 


  1. COVID-19 PROTOCOL

Deposits will not be refunded for any cancellations due to Covid-19 illnesses or infections.  However, notwithstanding the previous sentence, only in the event of an international border closure or lockdown that would not permit Vagabonde Adventures from operating the Charter as planned, your trip may be re-scheduled with an alternate date or destination, or you may be entitled to receive a credit towards a future Charter or a refund.  


  1. FORCE MAJEURE

In the event of a cancellation of a Charter for reasons outside of our control that include, but may not be limited to illnesses; pandemics, epidemics; quarantine orders; natural disasters; strikes; work stoppages; accidents; acts of war or terrorism; civil or military disturbances; nuclear or natural catastrophes; acts of God; and interruptions, losses, or malfunctions of utilities, communications, or hardware or software services, Vagabonde Adventures may, in our sole and absolute discretion, elect to either issue you a full or partial refund, postpone the Charter for a future date, provide a credit for a future Charter, or any combination thereof. 


  1. DISPUTES

You agree covenant not to sue Vagabonde Adventures for any present or future claims arising directly or indirectly from your participation in a Charter. You understand that if legal action is brought, the jurisdiction and venue of disputes litigated between the parties will be in a court of competent jurisdiction within the state of Delaware. You consent to the personal jurisdiction of such court and waive any right to object to such jurisdiction. If there is any litigation or arbitration arising out of this agreement, the losing party shall promptly pay the prevailing party its reasonable costs and expenses, including attorney fees. The prevailing party is the party who recovers a greater relief in the action, as determined by the court or arbitrator. This agreement is governed by the laws of the State of Delaware.


  1. INDEMNIFICATION

You agree to hold harmless, defend and indemnify Vagabonde Adventures (that is, defend and pay any judgment and costs, including investigation costs and attorney fees) from any and all of claims of yours, your spouse, family members, or others arising from my injury or loss due to your participation in this event, including those arising from in the inherent risks or negligence, strict liability, breach of contract, or any act or omission, but not gross negligence. You further agree to hold harmless, defend, and indemnify Vagabonde Adventures, its officers, employees and agencies against any and all claims of co-participants, rescuers, and others arising from your conduct in the course of your participation in this Charter.