1. Definitions
The terms used in the General Terms and Conditions are defined as follows:
Terms and Conditions
These General Terms and Conditions of Mencia Adventure Sailing and any amendments thereto.
Mencia Adventure Sailing
Mencia Adventure Sailing, located at Ekeren, Bist 31, registered in the Belgian Chamber of Commerce under number 1014.807.169.
Guest
Any user who requests a booking for an activity as listed on the website.
Website
The website of Mencia Adventure Sailing and any other website where our services are available.
Service
An activity listed by Mencia Adventure Sailing as available for participation or use via the website.
Agreement
The agreement between Mencia Adventure Sailing and the Guest regarding the use of the website and services.
2. Terms and conditions
2.1. Registration and Booking of Service
2.1.1. You are only registered for a service once you have received written confirmation from Mencia Adventure Sailing. Your registration becomes final only once the full payment has been received within the agreed period. For details, see invoice.
2.1.2. Guests who wish to cancel their trip after submitting a registration but before making payment may do so free of charge.
2.1.3. After final registration (i.e., after full payment), travelers can no longer cancel their booking free of charge. We recommend that participants take out additional cancellation insurance. In order to guarantee the affordability of services for other participants, full refunds for cancellations cannot be allowed.
- Guests who cancel at least 60 days before the start of the service will receive 95% of the paid amount refunded (5% administrative fees apply).
- Guests who cancel between 60 and 30 days before the service starts will receive 50% of the paid amount refunded.
- Guests who cancel between 30 and 10 days before the service starts will receive 25% of the paid amount refunded.
- Guests who cancel between 10 and 0 days before the service starts are not entitled to a refund of the paid amount.
2.1.4. After receiving your invoice, you have 30 working days to transfer the correct amount to the Mencia Adventure Sailing account to confirm your registration. The exact payment details can be found on the invoice you receive with your confirmation email. Always check your spam inbox.
2.1.5. In case of technical problems with the ship or weather conditions preventing a certain service from being organized, we reserve the right to cancel the service free of charge. A decision will be made at least 1 week before departure. Registered participants will have the option of either a refund of the paid amount or a voucher for the same amount, which must be used within 12 months.
2.1.6. Unforeseen circumstances and/or force majeure (weather conditions, etc.) that affect the service cannot be claimed against the organization.
2.1.7. The mentioned schedules are indicative. The guest must always be aware that they may be changed both before and during the service.
2.1.8. Mencia Adventure Sailing cannot be held responsible for activities on land. Guests should personally and specifically insure themselves for land-based activities (mountaineering, climbing, skiing, snowboarding, etc.). See also sections 2.2.1 and 2.2.2 under “Guests.”
2.1.9 Mencia Adventure Sailing cannot be held responsible for actions or statements made by participants during the service that may lead to legal proceedings.
2.2. Guests
2.2.1. We strongly recommend taking out a travel assistance and cancellation insurance policy.
2.2.2 For certain trips, we require guests to take out mandatory travel assistance insurance and additional specific insurances. These insurances must be taken out at the guest’s own responsibility and expense. Mencia Adventure Sailing is entitled to request proof of insurance before participation in the trip.
2.2.3 Mencia Adventure Sailing specializes in offering sporty and adventurous sailing trips, where an accident cannot be ruled out. To avoid risks as much as possible, travelers are strictly required to comply with the instructions and guidelines of Mencia Adventure Sailing and local guides and to adhere to applicable local legislation. Guests will not be entitled to compensation from Mencia Adventure Sailing in the case of non-compliance, accidents, or other damages to the extent that it is shown that these are due to:
- The guest;
- A third party not involved in the execution of the travel services and whose non-compliance could not have been foreseen or prevented;
- Unavoidable and extraordinary circumstances;
Mencia Adventure Sailing’s liability is limited per booking to the amount received by Mencia Adventure Sailing for that booking.
2.2.4 The guides are responsible for the smooth running of the expedition and make final decisions regarding its safety. Guests must immediately comply with the guidelines and decisions of the guides. In the case of damages or non-compliance, the provisions of article 2.2.3 apply.
2.2.5. If equipment is rented, it is always at the guest’s own risk. We are not liable for the loss or damage of rented equipment.
2.2.6. We ask all guests to report any conditions (e.g., asthma, heart disease) relevant to participating in any of our services at the time of registration.
2.2.7. The transportation to and from the location of the service’s start (departure port) must be arranged by the guest. Mencia Adventure Sailing cannot be held responsible for these costs in the case of cancellation or changes to the schedule due to unforeseen circumstances and/or force majeure (weather conditions, technical problems, etc.). Therefore, we recommend that all guests take out cancellation insurance.
2.2.8. Transportation to and from the airport or train station to the departure location must also be arranged by the guest.
2.2.9. Before departure, you will receive a checklist of materials you need to bring to participate comfortably and safely in the service.
2.2.10. Guests are required to bring the appropriate clothing listed in the packing list for the trip. If the guides on site determine that you are insufficiently equipped, they may decide not to allow you to participate in certain activities.
2.2.11. At the start of the service, guests must have valid travel documents, at least valid until three months after the return date.
2.2.12. Guests are advised not to bring valuable items, especially watches, jewelry, etc., during the service.
2.2.13. Guests are responsible for obtaining the correct visa.
2.2.14. The guest acknowledges having been informed that the service they booked could be made impossible by circumstances beyond the control of Mencia Adventure Sailing, by a decision of local authorities or other authorities at or on the way to the destination, and is aware of the risk involved in their reservation, including the possibility that upon return, they may be required to comply with government-imposed quarantine rules.
2.2.15. The guest acknowledges being adequately informed about exceptional circumstances that could affect their trip, including the situation of a potential pandemic at their destination. They are also aware of current travel advisories that warn against traveling.
3. Data Protection and Cookies
3.1. These terms and conditions must be read in conjunction with the privacy policy of Mencia Adventure Sailing, available on the website, which outlines the conditions under which Mencia Adventure Sailing processes personal data.
3.2. The website uses cookies. These terms must be read in conjunction with the cookie policy of Mencia Adventure Sailing, which is available on the website. Guests can change their browser settings so that no cookies are created when visiting the website. However, if cookies are refused through browser settings, the guest may not be able to use all features on the website.
4.Other
4.1. Mencia Adventure Sailing reserves the right to unilaterally amend the general terms and conditions during the term of the agreement. These changes will take effect at the announced time. Mencia Adventure Sailing will make the amended terms available via the website. Subject to these general terms and conditions, the user has the right to terminate the agreement and/or their account.
4.2. These terms form the entire agreement between the parties regarding the use of the website and the services, unless otherwise agreed in writing.