COPPER SUNSET GENERAL CONDITIONS OF SALE
Performance: The type or category of ship, its peculiarities, the content of the service, the composition of the crew, are those designated on the order form.
The price of the cruises includes, unless otherwise stated on the order form:
* Provision and maintenance of the vessel,
* Crew wages and payroll taxes,
* Ship’s insurance and professional liability
* Ship’s fuel, oil and consumables,
* The 3 meals/day and the alcoholic and non-alcoholic beverages mentioned (no lunch meals on embarkation or disembarkation days).
The price does not include, unless otherwise stated on the order form:
* Passengers’ optional personal insurance: cancellation, sickness, accidents, repatriation, luggage, assistance…,
* Airline tickets, transfers or any other means of transport of Passengers, from their point of departure to the port of embarkation and on return,
* Personal expenses, including telecommunications and shore expenses of any kind,
* Check-out: In addition to the price of the cruise, passengers will have to pay a fixed and compulsory “check-out” including the costs of tourist taxes, ecological, tourist…, port fees, clearances whose amount appears on the order. It is payable on boarding, necessarily in cash, since the ship is not equipped with Electronic Payment Terminal.
The mention of the ship’s crate on the offers and the contracts Passengers in very clear terms, the Shipowner would not take on board a Passenger who refuses to pay his amount beforehand. Other items to be settled on site may be included on the purchase order.
Since the cash register is flat-rate, no additional charge may be charged to passengers and no reimbursement shall be made. You can obtain a receipt from the Base Chief.
Catering unless otherwise stated on the order form: Main meals (lunch and dinner), are served at table or buffet, usually 3 courses (starter, main course, dessert or cheese), sometimes only 2 at lunch. Breakfast can be self-service.
The on-board personnel will do their utmost to satisfy the customers, but the Shipowner cannot be held responsible for the impossibility of satisfying requests for special diets (casher, hallal, vegetarian, medical prescriptions….). However, without obligation of result, on certain destinations, the Shipowner may try to make arrangements for certain requests made at least 15 days in advance.
The refuelling takes place partially on stopovers: fresh products, canned products, frozen products, not only local products.
Drinks included unless otherwise stated on the order form: Wines, rum, cocktails, fruit juices, coffees, teas, infusions, milk, sodas. For table water, some ships are equipped with a special tank that supplies a fountain with a crushed ice dispenser. Unless otherwise agreed, no bottled water, beer, pastis or other spirits are supplied. Although the supply of alcohol is unlimited, it remains subject to reasonable use. For environmental reasons, the Shipowner favours large beverage packaging (cubitainer, maxi bottles) to avoid the storage of packaging waste and containers. It is the duty of the Captain to refuse alcoholic beverages to a person who is clearly intoxicated. In some destinations, drinks are “local”.
Comfort unless otherwise stated on the order form: The Award of cabins is made by order of registration, unless specific request MENTIONED ON THE ORDER FORM. We will strive to meet these demands within our own constraints.
The shower room is composed of a sink, a shower (hot and cold water), toilet, fan. Side windows are sometimes not open and sized to avoid intrusion. The very simple use of the WC is clearly explained by the crew when the Passengers arrive. In normal use, they cannot be blocked. It is mentioned that any introduction of unplanned objects (cotton wool, sanitary tampons, cotton swabs …) can break them down. In this case, for deterrent purposes, the unlocking will be charged €60 to the Passenger. There may be no 220 V plug in the cabins. In this case, the Passengers have in the square of sockets to recharge mobile phone, microcomputer, camera, etc… The vessel is given “blank” before each embarkation. Towels provided: 1 small and 1 large per person. It is provided to Passengers once a week a change of hotel linen. We do not provide bath linen. During the cruise, the crew does the cleaning only in common areas. Luggage is limited to bags or suitcases that can be stowed in cabins. The Passengers must be very vigilant with their electronic devices, telephone, camera, camera, computer, in particular provide waterproof covers when they embark in annex and not leave them visible outside their cabin. The Shipowner does not advise to carry valuables or large sums in cash and declines any responsibility in the event of theft, degradation or loss. The passengers are responsible for the proper closing of the portholes in their cabin. The Shipowner cannot guarantee the comfort of the Passengers in the event of bad weather conditions.
Common equipment: The annex is motorized. It allows boarding of only a limited number passengers simultaneously.
The vessel has a first aid kit, which includes only emergency products. It is the responsibility of passengers to carry their own medications.
It is supplied with masks, fins and tubas. We advise customers to bring their own fins to be sure of having them in their size.
For safety reasons, we do not accept on board kite surfing or windsurfing (except dedicated cruises or exclusive cruises with PREALABLE WRITTEN AGREEMENT). We never accept scuba diving equipment, nor underwater hunting equipment.
It is possible to fish from the side subject to compliance with the rules and prohibition zones. Certain types of fishing may present a danger to passengers or vessels: Strictly comply with crew instructions. The equipment is not provided, Passengers can bring theirs. We do not provide books or board games.
The Shipowner is not responsible for the means of transport chosen by the Passengers to go to the ports of embarkation and return to their home. It is advisable to schedule sufficient connection times and changeable transport tickets.
The provision of cabins begins on Day 1 at the time of embarkation and ends on the last day at the time of disembarkation as mentioned on the order form, in order to allow the ship to be reordered and to make supplies. Under no circumstances will the Passengers be allowed to enter the ship prior to the time of embarkation or to deposit their luggage.
The Shipowner does not have a baggage locker.
In case of presentation too late to the boarding appointment, the Captain, after a reasonable period of time, will have to sail in order not to make the other Passengers bear any delay. In the event that Passengers are unable to embark as a result, there will be no compensation and the eventual catch-up of the ship, if possible, will be entirely at their expense.
The Port of Embarkation is mentioned on our offers for information. The precise point of departure is always mentioned on the boarding pass.
Duties of the crew: Master: Conduct and responsibility of the ship, exterior cleaning, possible maintenance and troubleshooting if possible, administrative formalities, take-overs. He is in charge of relations with the Authorities and the Passengers for all that concerns the organization of the cruise. Marin/Steward/hostess if mentioned in the contract: Kitchen, service, crockery, supplies, cleaning (exclusively of the internal common parts), take of quarters. In European waters, the crew members are Maritime Registrants and graduates (sometimes derogations for the Sailor/Steward/Stewardess). The laws of other countries are different with respect to maritime certifications. Local regulations are applied. In our various documents, the terms: Captain, Sailor, Stewardess, steward … are used regardless of the gender of the person concerned.
Miscellaneous: The Passengers undertake to comply with the safety instructions (briefing by the crew on boarding and sign posted in the square) including restrictions on smoking opportunities.
We are not responsible for any discrepancies or distortions in age, sex or language between passengers.
On some ships that do not have 2-bed cabins or are no longer available, we cannot accept doubles to share.
The Passenger remains responsible for any damage or loss of equipment, the payment of services (radio or other communications), incumbent upon him and which would remain due. In the event of navigation at night, in bad weather, in certain anchorages or for safety reasons, the crew may be required to sleep in the square.
Force Majeure cases: Shall be considered as such, without this list being exhaustive: Acts, events, non events, accidents, «Acts of God»… beyond the reasonable control of the Shipowner or the Charterer, including strikes outside the parties, lockouts or other social conflicts, demonstrations, riots, blockades, invasion, war, fire, explosion, sabotage, significant weather problems, collision, stranding, government act or regulation, (including advice from the Ministry of Foreign Affairs of the issuing country to suspend the destination), major technical breakdown, serious diseases, or requiring a diversion during the period of use (international maritime regulations require assistance and assistance at sea). The Passenger undertakes to tolerate the necessary emergency interventions and any delay or inconvenience that may result. The Captain is the sole judge of the decisions to be made. In the event of problems due to Force Majeure, the Shipowner will not be held responsible and will not have any obligation to supply replacement ship or accommodation, reimbursement, repatriation, or compensation for any reason whatsoever, in particular the costs of returning from the port of disembarkation to the residence of passengers.
In the event of an absolute official ban on the destination by the Ministry of Foreign Affairs, of significant deterioration of the interest, state or safety of the ports of call, whatever the cause, or of absolute impossibility of reaching the port of embarkation for reasons unavoidable and totally independent of the will or possibilities of the passengers themselves, (not taken into account: strikes, delays, cancellations, affecting transport, airlines, ports, airports and related services). The days of cruise lost, from a whole day until the total cruise, will be compensated by a credit on a future cruise.
Itineraries: Our itineraries, journey times and stopovers are given for information purposes and can be modified according to imperatives including weather to avoid as much as possible navigating in uncomfortable conditions. Journey times correspond to normal sea conditions. Sailing is a priority, except in cases where the wind direction, its inadequacy, or any other maritime or meteorological phenomenon, as well as any need for timetables, require the use of engines. For various reasons, including weather, the route can be reversed. Similarly for multi-week cruises combining multiple tours, the order can be reversed. The maps and photos on our documentation are not contractual. Only the elements mentioned on our contracts are valid.
Compliance with safety rules and regulations:
The Passengers undertake to comply with the safety rules, as posted inside the ship, to attend the safety briefing and to sign the report before departure. Passengers shall refrain from:
– To oppose the “Shipping Rules of Procedure”.
– To introduce, to allow on board, without the authorization of the Master, persons not appearing on the list of Passengers.
Passengers are not permitted to fly the schedule unless authorized by the Master and only in the presence of a crew member.
The shipment of any illegal weapon, substance or material is strictly prohibited. Any fine or financial consequences of non-compliance with this rule, for both the passenger and the Shipowner, shall be the sole responsibility of the Passenger concerned. It is the crew’s duty to disembark any violators immediately and inform the appropriate authorities.
The Passenger is solely responsible for the compliance of travel documents, passports, any visas and vaccination certificates, for himself and the persons accompanying him, according to the regulations of the countries concerned, in particular for Passengers of nationalities outside the Schengen area, or for children (it is recalled that children must have their own passport). Some countries are very demanding on the accompaniment of minors and the documents necessary for their admission. Parents must check the necessary documents with the competent authorities.
In case of international navigation, the Passenger must send to the Shipowner the photocopy of the passports of all scheduled embarks, at least 10 days before departure. The fact of having provided a copy of the passports does not relieve the Passenger of his responsibility for compliance with the administrative requirements.
Any information provided by the Shipowner concerning formalities in the countries crossed concerns only persons of adult age and of French nationality. For all other cases, the Passenger must consult the Consulates concerned, in particular for entry-exit authorizations for minors.
The Passenger must report, at least 15 days before departure, the presence of children under 12 years of age or passengers under 30 Kg (free supply by the Shipowner of mandatory special vests) and prior to the registration of frail or disabled persons or possible health risks, otherwise boarding could be refused, without reimbursement or compensation.
For safety reasons, the Shipowner shall not take on board mentally handicapped persons or passengers in wheelchairs. No more than one person with a disability may be accepted per cruise (including a visually impaired or a hearing impaired), since the person must be able to walk and be accompanied by a fully competent person who can assist him. The reservation may be cancelled in the absence of a medical certificate attesting to the Passenger’s ability to take part in the cruise in question (compulsory model on request). In this case the following cancellation fee will be applied.
Passengers must inform the Shipowner prior to booking of any health risk and in this case must provide an explicit medical certificate of no contraindication. Failing this, the Shipowner cannot be held liable for any harmful consequences which may result therefrom. Under no circumstances may the crew have a supervisory or childcare function. The Passenger releases the Shipowner and his staff from any responsibility for their supervision which must be carried out directly and permanently by the parents. Very young children and babies may only be taken on board ships reserved exclusively. In the case of babies, their food must be provided and prepared by the parents.
The Shipowner declines all responsibility in the event of an accident arising from the practice of activities, sports, water or land practiced by the Passengers during the cruise, or ashore during the stopovers. In these cases, the Passenger must have his own insurance and the Shipowner has no duty of assistance or repatriation, which remain entirely at the expense of the Passenger concerned.
Tourist information and excursions: The Shipowner and his collaborators can sometimes provide information on the local possibilities of excursions or on various service providers. The Shipowner has no control over these service providers, receives no remuneration from them and declines any responsibility in the event of any problem. It is recalled that we require of our crews a perfect knowledge of the sea, however, they are not tourist guides. Our profession is cruise, we have no vocation to organize visits, activities or other outside our ships. We disclaim any responsibility for any event on land, especially without the supervision of the crew
Denied boarding, early disembarkation:
The Master will refuse to board Passengers who are not in compliance with the regulations of the countries concerned, children under 7 years of age, whose exact date of birth would not appear on the travel contract, persons whose disability was not reported at the time of booking, or any Passenger refusing to sign the safety instructions. Even small animals will not be accepted at. Health documents must be presented before boarding.
The Master shall disembark any Passenger whose behaviour could endanger or seriously disturb the other Passengers, crew members or the ship or whose state of health would appear to him to be incompatible with the cruise. Failure to detect a possible health incompatibility in advance does not imply recognition of its acceptance.
In the event of Passengers not boarding or disembarking, on their own initiative, that of the Master or of the local authorities, for any reason whatsoever: delay of transport, non-compliance of travel documents, personal conveniences, health, aptitude, behaviour, illegal acts, etc., the Shipowner shall not be required to provide any assistance or to bear any costs (accommodation, repatriation, fines, legal aid, medical assistance, etc.). In the above cases, no refund or price reduction will be granted.
Any costs of repatriation or accommodation of Passengers disembarking in advance for any reason whatsoever, fees and costs of intervention on board or ashore of healthcare professionals or assistance concerning Passengers, fines, court and assistance costs, penalties, miscellaneous costs incurred by the Passengers as a result of their behaviour, are the sole responsibility of the Passengers concerned.
Cancellation/ Modification/ Late payment: The services offered do not benefit from the right of withdrawal. Consequently, the services ordered are exclusively subject to the cancellation and modification conditions provided for in these General Conditions of Sale and the user will not be able to invoke the right to withdrawal. Payment of a deposit means acceptance of the offer and these General Conditions of Sale even without the physical signature of the booking voucher. In case of cancellation or modification of date due to the Passenger regardless of the cause, the following cancellation fee will be due: Cancellation before departure: Up to 90 working days, cancellation fee: 25% /// from 89 to 60 working days: 50% /// from 59 to 30 working days: 75% /// from 29 working days until departure: 100% of the price of the stay.
In the event of a date change, if available, more than 90 business days from the date of departure: Advanced date 5%, date postponed 1% per offset day with a minimum billing of 21 days and maximum of 35 and application of the tariff in effect on the date of the change (except for more favourable Early bird conditions).
From 89 to 45 business days of departure, date advanced 20%, date postponed 40%. Within 45 business days of departure, the change will bear the cost of a cancellation. Any request for cancellation or modification must be notified by registered mail addressed to the headquarters of Z’ile Cruise. A date extension if it is accepted does not allow a postponement of the cancellation thresholds which remain based on the calendar dates of the original file. The signature of a quotation, order form, confirmation by email or payment of a first deposit, even partial, immediately and definitively binds the Passenger who can only cancel as part of the above. Failure to present Passengers at boarding, or refusal of boarding regardless of the cause, is considered a cancellation by Passengers on the day of departure.
Passengers are advised to take out travel insurance covering all risks incurred, in particular: cancellation, repatriation, loss and theft of baggage, medical expenses, accidents, legal assistance, cancellation of their airfare or other transport tickets, consequences of a delay. Insurance included in payment cards is sometimes restrictive and difficult to implement. Any accidents occurring during the cruise would be covered by our own liability insurance only in the event of a fault on our part. In the absence of any fault which caused the accident, the insurance of the passenger is exclusively concerned.
Departures are guaranteed regardless of the filling of the ship. If the number of passengers is too low, the planned vessel may sometimes be replaced by another possibly smaller vessel with the same objective elements of comfort and service. In the event of cancellation by the Shipowner for reasons beyond his control: serious breakdown, delay due to weather conditions, unavailability of ship, the latter would immediately refund the amount of the sums paid to him by the Passenger, who would not be entitled to any further reimbursement or allowance, in particular in respect of its transportation or accommodation costs. In case of reduction of the duration of the cruise for reasons of force majeure, the Shipowner would refund exclusively the prorata of the days not provided. In case of diversion for safety reasons at the request of the Maritime Authorities, the Shipowner will not make any refund.
In case of late payment, it will be due in addition to the amounts due, 0.3% per day of late from the due date.
If the Passenger fails to pay any sum payable under this contract, the Shipowner, 7 days after a formal notice by e-mail, or, without payment 14 days after the due date, would have the right to consider this contract as broken by the Passenger, retain the total amount of all payments already made prior to termination, charge the corresponding cancellation penalties and re-market the cabins. Payment on boarding of outstanding balances is not accepted.
Disputes, assignment of jurisdiction:
For the execution of this agreement, the parties elect domicile each at their respective headquarters or domicile, indicated at the top of this agreement. If one of the clauses of the contract or the General Conditions should be declared unenforceable or is invalidated for any reason, such invalidity or unenforceability shall not affect the application or validity of the other provisions. These General Conditions of Sale apply to all trademarks of the Shipowner. The Shipowner’s liability can never be incurred for indirect damages. To be valid, all claims must be notified to the shipowner within 30 days of disembarkation.
In accordance with the regulations the Copper Sunset is sometimes allowed to board 14 passengers.
Crew: The crew is generally local and has qualifications in accordance with local regulations.
Ship booked exclusively: The contractual rates correspond to the service described in the contract. Any substantial modification of the itinerary at the request of the Passengers or modification of the service will give rise to modification of the tariff. A ship is reserved exclusively only if the passengers have paid the fare corresponding to the entire capacity of the ship, as mentioned on our various websites and documents.
Cruises with dives
The Shipowner has no professional supervision of dives. Its role is limited to information on the possibilities of Diving Centres, hereinafter referred to as “The Centres” during its cruises, for the transport and accommodation of passengers.
We have no control over the Centres and no legal link. They act in accordance with their country’s regulations.
The Diver is obliged to ensure that he is in good health and that he does not present any contraindications to the practice of diving. He must have the necessary documents and have the necessary sports levels to practice his sport during the outings proposed by the Centres.
The Shipowner is not in a position to control the information provided by the Diver in the context of his information document. These documents and attachments shall be forwarded to the Centres without checking their veracity and authenticity. They must reach the Shipowner’s headquarters at least 15 days before the date of boarding for transmission. The Diver is solely responsible for his statements and the documents he provides.
Whatever the level of the diver, a so-called rehabilitation dive is sometimes required, prior to or in replacement of the first envisaged dive in the circuit. At the end of this dive, the person in charge of the Centre will be the only one to judge each person’s abilities and level.
Participation in dives is subject to the Diver’s approval by the Centre and, in particular, to the assessment of his physical abilities.
The Centre may prohibit the Diver from participating in certain dives and may cancel, on its own initiative and under its own responsibility, all dives for reasons related to weather or a one-time risk, without any refund or compensation being required.
Since the Shipowner is not a party to the relationship between the Diver and the Centres, the practice of diving is the sole responsibility of the Diver and the Centres, he declines any responsibility for any reason whatsoever in the event of: A Centre’s refusal to place a passenger in a dive and/or to take him or her to certain locations, accidents during a dive, or consecutively and generally any problems that may arise.
The prior subscription of a specialized insurance “assistance, repatriation, care, diving risks” is imperative and is the sole responsibility of the Diver.
PRACTICAL INFORMATION FOR CRUISE CUSTOMERS
The sun: Even if you do not fear the sun, by boat it is much stronger than on land.
Thanks to the breeze, you do not suffer from the heat and you do not realize the arrival of sunburns. Wear a wind-resistant cap, sunglasses with a lanyard, sweatshirt or long-sleeved shirt and pants.
A sun protection with a very strong index is essential in the first few days.
Luggage: Our ship is comfortable, however the space in your cabin is limited, you can hardly store large suitcases. Take much easier travel bags to store in the safes at your disposal. We don’t have luggage storage.
Towels and linens: Towels are provided, but not beach towels. Bring your bath linens. You are provided with a change of clothes during the week.
Water: The on-board reserve, the production of the desalinator for ships equipped with it, or the supplies en route are sufficient for your comfort. However, your Captain, for environmental reasons will encourage you to a responsible use.
Sports equipment: Masks, fins and snorkels are provided, but we advise Passengers to bring their own equipment to be sure of having them in their size. Fishing is allowed in some areas, but there is no equipment provided. You can bring yours. You must respect the corals, do not touch them or take foot in them.
Manoeuvres: The Captain is able to lead the ship alone. Depending on the sea and wind conditions encountered, part of the cruise can take place with the engine (only in case of necessity to keep you all the pleasure of sailing). Participation in these cruises requires no knowledge of sailing and the sea. Even non-sports will be able to enjoy their stay and the wonderful scenery.
Life on board: If you wish, you can bring some sausages, bottles of Bordeaux or any other personal gastronomic element to share, which can only enhance the pleasure of all. Frequently, you have the possibility if you wish to go ashore for shopping, discovery, walking, restaurants, etc.
The crew will do everything possible to satisfy the customers, but cannot be held responsible for the impossibility of satisfying requests for special diets (kosher, hallal, vegetarian, medical prescriptions, etc.)
It is strictly forbidden to carry weapons, as well as any chemical or plant substance considered as narcotic .
CONTENTS OF PASSENGER BRIEFING UPON ARRIVAL
Explanation and signature of briefing report
LIFE ON BOARD:
– Water and electricity management,
– Operation of toilets,
– No footwear on board except for ships, not used on shore,
– No sand or sea water inside the vessel (soil damage and risk of falls),
– Check door closure of refrigerators and freezers,
– Participation in on-board manoeuvres with the agreement and under the control of the Master,
– Information on the cruise programme, stages, activities (bars, restaurants, snorkeling, shore trips, etc.).
– Tour of the vessel with the Passengers.
HULL OF THE SHIP:
INFORMATION FOR PASSENGERS
Navigation requires compliance with rules for the safety of all Passengers. We thank you for listening attentively to the safety briefing, for reading these instructions, and for adhering strictly to them for the comfort and safety of all.
SAFETY INSTRUCTIONS ON BOARD, IN THE ANNEX AND DURING BATHING
– Man at sea, prevention, action.
– Position of fire extinguishers.
– Put on the lifejacket for any movement on the deck, especially at night or in an annex (unless you decide not to wear it under your sole responsibility), and especially whenever the Master requires it.
– On-deck travel prohibited alone at night during navigation, outside the presence of the crew.
– Locate the location of survival hatches, never open except in the event of a rollover.
– Put on the safety harness in the event of a sea formed and whenever the Master requires it, use the lifelines.
– Before any landing or swimming, always wait for the crew to have signified the end of the mooring or berthing manoeuvres and the total shutdown of the engines, never dive without permission of the Master, inform yourself of the risks due to the currents at each stopover. Systematically warn the crew and never swim alone. The crew is not able to monitor during swimming: Assess your fitness and ability to swim before you get away from the ship, never swim at night without the effective supervision of a crew member.
– Do not climb to the ship’s roof except on the Fly bridge portion of the vessel that has it. Diving from the ship’s roof is prohibited.
– Do not travel alone on the ship’s deck without first informing the crew.
– Close windows during navigation to avoid water ingress due to waves or rain.
– Lock cabins and portholes during stopovers, do not leave valuables in evidence.
– Beware of objects falling into cabins during navigation, remember to store your personal belongings. Protect your personal belongings that fear water, especially when you are boarding an annex (waterproof bags).
– No access to the roof manoeuvring area and skirts during navigation.
– Children are admitted to our ships only on condition that they are always under the direct responsibility and supervision of their parents or accompanying persons.
– Absolute prohibition of smoking in all parts of the vessel except in skirts when the vessel is stopped.
– Watch out for exposure to the sun or the effects of reverberation, protect yourself according to your sensitivity. Never swim in sunlight.
RULES OF “KNOWING HOW TO TRAVEL TOGETHER”
– The introduction on board of weapons and/or illicit substances is strictly prohibited. In the event of the discovery of such objects or substances, the Master has the absolute instructions to disembark the Passenger(s) concerned, and to hand them over to the local authorities.
– Always follow the safety instructions and advice of the crew, they are professionals of the sea.
– Any Passenger who degrades/ destroys/ loses, voluntarily or not, the on-board equipment of the ship is obliged to pay the repair and/ or replacement of the degraded material.
– Thank you all for adopting an attitude respectful of the dignity and freedom of each person, for a perfect cohabitation during this cruise.