Terms and conditions

Booking Terms

These Booking Terms and Conditions and General Information are provided on our websites: vientosurchile.com

Definitions and Interpretation

In these Booking Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“We”, “Us”, “Our” - VientosurChile
“You”, “Your” - All persons named on the booking or added to the booking at a later time
“Trip”, “Holiday” - The booking with VientosurChile

The headings used in these Booking Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.

Words imparting the singular shall include the plural and vice versa and references to any gender shall include the other gender.

Booking

Bookings can be made via our website www.vientosurchile.com

Once the first instalment is paid (deposit, full or deposit plus second instalment depending on date of booking), a confirmation email will be sent to the head booker, this then means that the booking is confirmed and therefore a contract is accepted and exists on the following terms.

The head booker must be authorised to make the booking on the basis of these Booking conditions for all the persons named on the booking.

All correspondence will be sent to the head booker. It is the head booker’s responsibility who made the booking with us to ensure all party members on the booking, or those added at a later time, are updated and sent correspondence relating to the trip.

Right to Withdraw

48 hours free cancellation applies to all bookings unless they are within 30 days from departure.Cancellation Procedure
Should the customer decide to cancel their booking, the Head Booker must immediately notify VientosurChile via email at [email protected].

Allocations

When it comes to allocating guests on the yachts we aim to create a balance based on gender, age and nationalities. However it depends on the guests booked on a particular week, i.e. allocations can be similar to playing Tetris.

For solo travellers and odd groups of friends, we will do our best and try to put you in a single bunk bed in a cabin with someone of the same gender. Sometimes this is not possible and you might be grouped with someone of the opposite gender sharing a bunk or a double bed cabin.

Payment and Payment Schedule

Payments can be made by Amex, Visa or MasterCard (either credit or debit card). VientosurChile does not have access to your credit card information, bank account numbers, or other personal financial data used by 3rd party processing services.

Travel Insurance

You must buy comprehensive travel insurance and this is a condition of your booking with us.

You must be satisfied that your insurance fully covers everything required such as cancellation cover, pre-existing medical conditions, lost luggage and personal property, death or illness of a close one, visa problems, injuries, pregnancy, etc.

We reserve the right to request to see a copy of your insurance policy at any time after your booking. If you choose to travel without adequate insurance cover, we will not be liable for any losses arising from not having comprehensive travel insurance.

Passports and Visas

It is your responsibility to have valid travel documents. You must ensure that you have a valid passport and any necessary visas to enter the country of your Trip, including transit stops, prior to your departure.

Also, it is your responsibility to be updated with possible restrictions for entering the country of your Holiday due to the rules at the time.

We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. In addition you agree to reimburse us in relation to any fines or other losses which we may incur as a result of your failure to comply.

Personal Belongings

At all times, it is your sole and full responsibility to look after your personal belongings.

Where you lose any item of your personal possessions, whilst we will do everything possible to locate lost property we cannot guarantee to do so and accept no responsibility or liability.

If guests choose to leave luggage or any personal belongings in the Caravan on the departure day, they do so at their own risk and VientosurChile bears no responsibility or liability.

Price Corrections & Adjustments

We reserve the right to amend the price of advertised bookings at any time and correct errors in the prices of confirmed bookings.

Also, the price of your confirmed booking is subject at all times to changes arising from government action such as changes in VAT or any other government imposed changes, unexpected international events, and changes in the exchange rates of currency. In these cases we reserve the right to pass on to you any increases in the price of your confirmed booking.

We endeavour to ensure that all the information and prices both on our website and marketing material are accurate; however occasionally changes and errors occur, and we reserve the right to correct prices and other details in such circumstances.

Spot bookings route and date change requests

It is your responsibility to notify us in writing of any changes to confirmed bookings as soon as possible. All change requests for Spot Bookings must be done via email at [email protected] and be at least 60 days prior to departure.

Change requests can only be for the current season. It is VientosurChile’s right to grant changes at its own discretion. Once a change is approved price differences are applied by the following criteria:

If the price of the new date or route is higher than your initial booking, a difference in price will be applied, or
if the price of the new date or route is the same or lower than your initial booking, the price and the payment plan will be kept as on your initial booking.

Behaviour and Early Termination of Contract

All guests are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others.

If any VientosurChile staff or any other person in authority deems that you are doing any of the following, but not limited to:

causing distress, violence, danger and/or annoyance towards others, including guests, staff or any third party,
damaging the yacht or any other property,
sexual misconduct,
possession or use of illegal substances,
rude or disrespecting staff,
health risk toward others,
abuse of alcohol,
use of drugs and
any other general negative behaviour.

Then VientosurChile reserves the right to terminate your booking immediately without any right to a refund.

In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other arrangements immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other arrangements will be made and we will not pay any expenses or costs incurred as a result of termination.

You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the operator prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you.

We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.

Cancellations by Customers

If you’ve changed the date of the holiday, route or you wish to cancel your changed booking, cancellation rules apply from the date you made your initial booking.

When you commit to coming on holiday with us, we book yachts and make other financial commitments to skippers and sundry suppliers to be able to provide you with a holiday. Should your circumstances change and you have to cancel, we will need to charge you a cancellation fee in order to offset these financial obligations we have taken on to serve you.

If you are paying in instalments/payment plan. The cancellation fee will be the total value of instalments due up to the point of cancellation.

If you paid the full amount when booking, the cancellation fee will be the same as it would have been had you chosen to pay by instalments. Refer to Payment Schedule.

Where you choose to cancel your booking, the Head Booker must immediately email us at [email protected]

Cancellation by Us

Although we strive to avoid cancellations, sometimes they are unavoidable. We therefore reserve the right to cancel your booking at our absolute discretion. In this case a full refund will be given. We will notify you of any cancellations as soon as practically possible and endeavour to offer alternative arrangements from where possible.

Changes by Us

There are many factors that could influence your experience such as the weather, charter companies, skippers, 3rd party activity operators, other guests, restaurants, clubs and bars etc. If problems arise, we will endeavour to fix them promptly and if they are sorted within a reasonable time given the situation, there will be no right to compensation or a refund. VientosurChile is not liable for circumstances outside of its control.

Complaints

We will always aim to provide you with the best holiday possible, but if a problem occurs you must report it to your Route Manager who will immediately endeavour to resolve it on the spot. Failure to report problems as they occur deprives us of the opportunity to investigate and rectify your complaint whilst you are on your holiday and may result in your claim for compensation being lost.

If your complaint is not resolved locally, please contact us via email at [email protected].

If the problem cannot be resolved and you wish to complain further, you must send a formal written notice of your complaint to us at our office within 14 days of the end of your trip, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect our and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.

This scheme cannot however decide in cases where the sums claimed exceed £5,000 per person or £10,000 per booking form, or not solely or mainly in respect of physical injury or illness or the consequences of such injury or illness, or solely or mainly in respect of a discrimination claim or any claim under the Equality Act.

Jurisdiction and Applicable Law

Chilean Law will apply to the contract and it is agreed that any claim or dispute in the contract must be dealt with by the Courts of England and Wales. Changes made to Booking Conditions or General Information on our website will only be valid if agreed by us. Your use of this website and any dispute arising out of such use of the website is subject to the laws of Chile.

Instructor Availability

While every effort is made to ensure the availability of qualified instructors for the Windsurf and Kitesurf classes, unforeseen circumstances might lead to the unavailability of instructors. VientosurChile will diligently strive to maintain scheduled classes and activities. However, in the event an instructor is unable to fulfill their duties due to illness, unforeseen emergencies, or any other reason beyond our control, VientosurChile shall not be held responsible for such unavailability. We will make reasonable efforts to provide an alternative instructor or reschedule the classes. However, no liability or compensation will be assumed by VientosurChile for any missed classes or activities due to instructor unavailability. Participants are encouraged to maintain flexibility in their schedule understanding the nature of such circumstances and agree not to hold VientosurChile accountable for any inconvenience caused due to instructor unavailability.

Liability

VientosurChile will fulfil its contractual obligations with you using reasonable skill and care. Unless we breach the booking contract, this holiday is at the customer’s own risk. You will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred as a result of your breach or default in the discharge of your obligations.

VientosurChile will not be liable to you in any way for any damages, loss, expense, injury, illness or death if your claim resulted from:

Any act, omission or failure by any third party;
Any act, omission or failure by any employee(s), if they were not acting in the course of their employment carrying out the duties they were contracted to do with us;
Any incorrect information supplied by you or a party on your booking form;
Any of our emails being blocked by web filters or firewalls;
Any act, omission or failure by any of our supplier(s);
Any act, omission or failure of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable;
Any act which may result in ‘Force Majeure’. As per the Force Majeure clause.

Our maximum liability for any successful claim will not exceed the price of your holiday. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the supplier or insurer for the complaint or claim in question.

If you make a claim against us which is covered by your insurance policy, you agree to pursue the claim through your insurer either in addition to, or in substitution for, your claim against us (if any).

Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require. You must cooperate fully with us and/our insurers should we or our insurers wish to enforce those rights which have been assigned to us by you.

We will not accept responsibility for services or facilities which do not form part of your booking as specified on your confirmation invoice. For example any excursion you book whilst away, or any service or facility which your or any other supplier agrees to provide to you directly, and this includes but is not limited to water taxis, road taxis, bus/coach journeys and any other transport which you use whilst on holiday. These suppliers are third parties unconnected to the contracted arrangements which you have with us. Since these services do not form part of your contracted arrangements with us, we are not responsible for any accident, injury, death or other issue of any kind that arises from your use of these services whilst on holiday. If there is any issue with the performance of these services, you must direct any claim you may have directly to the operator or supplier of the service in question - not to VientosurChile.

Conditions of Suppliers

We are not able to guarantee 100% accuracy all of the time with regards to the information we provide concerning excursions and activities in the area you are visiting which do not form part of your contract with us.

Many of the services which make up your booking are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.

Force Majeure

Unfortunately, we will not be liable for failure to perform its obligations stated in the Booking Conditions or pay any compensation if such failure is a result of “force majeure”. For the purpose of these Booking Conditions, “force majeure” will be deemed to mean any event we as the supplier of the service could not avoid or foresee, such as significant risks to human health such as the outbreak of serious disease, pandemics, warfare and acts of terrorism (and threat thereof), civil strife, storm, strong wind, nuclear disasters, civil strife, terrorist activity, industrial dispute, fire, flood, earthquake, hurricane or other events out of our control.

Right to Use Photos and Videos

We like to capture real people enjoying their trip. One advantage of having a professional photographer or videographer on your trip is that you may end up with really high standard content capturing beautiful memories. Please note a photographer or videographer is not guaranteed on every route or week.

By booking you agree that such VientosurChile staff or representatives may take photographs and videos of you while you are on holiday and that these may be used for advertising and promotional purposes without obtaining any further consent or payment in respect of such photographs and/or videos. Images and video may be edited, cropped or altered for use and VientosurChile retains all rights and ownership of the images and videos collected.

By booking, you agree that still or video content captured on your trip is used for personal purposes only unless you retain written permission by VientosurChile for such use. You also agree that under no circumstance you will use any content created on your trip for commercial purposes whatsoever. This does not stop you from using your images and videos on personal social media channels. If VientosurChile feels you have breached these conditions they hold the right to enforce a removal of the content.

VientosurChile Website Privacy Statement

VientosurChile is committed to protecting your privacy and takes its responsibility regarding the security of customer information very seriously. Our website Privacy Statement sets out what information we collect, how we collect it, what we do with it and how we protect this information. Any personal data is collected and processed in accordance with EU data protection laws.

Collection of Personal Data

In order to process your booking, we collect personal details from you together with information we learn about you from your use of our website. These details may include (where applicable) passenger names, addresses, passport or Government issued EU National ID card numbers, telephone numbers, email, payment details. In some instances, we may also collect information regarding medical conditions (only for guests who have special medical requirements).

Your data may be used for the following purposes: providing products and services you request, contacting you in the event of VientosurChile product details or time change, statistical and marketing analysis, systems testing, customer surveys, customer relations communications and offering you services and products we believe may interest you.

Sharing Information About You

We follow strict security procedures in the storage and disclosure of passenger information.

We may disclose your information to government authorities or enforcement bodies for compliance with legal requirements. We provide charter companies and Port Authorities required Crew List information.

You may also store information regarding your medical conditions (only for guests who have special medical requirements) and food preferences.

Site Tracking

We use tracking software to monitor customer traffic patterns and site usage to help us develop the design and layout of the websites. Ante did not read this. By visiting and using our Website, you or your computer may provide personal data.

Links To Third-Party Websites

This privacy statement only covers websites that we own and control. It does not cover links to other websites and accordingly any information collected by those parties that own and control those websites or their use of cookies set from their domains when you visit their websites. Please be aware that individual third-party organisations operate their own policies regarding the use and sale of personal information and the use of cookies.

Contact Us

For any matter relating to these Terms and Conditions, please email is at [email protected]

We reserve the right to amend these terms and conditions without prior notice by posting the new terms and conditions on this website.