Customer Terms & Conditions

Please read these Booking Terms and Conditions carefully as they set out our respective rights and obligations. Extra information that we are legally required to provide you before you book is also provided at the end of these Terms and Conditions. This extra information differs slightly if you are booking online or in person/over the phone.

If you are booking online, the additional information is here Standard Information Form on Traveller’s Rights when booking a Package Holiday (Online Sales)

If you are booking in person or over the phone, the additional information is here Standard Information Form on Traveller’s Rights when booking a Package Holiday (Telephone & Offline Sales)

We ask you to pay particular attention to the post-booking cancellation charges, as these can amount to 100% of your total holiday or course cost, depending on when you cancel. The post-booking cancellation charges can be found here

BLUECO HOLDINGS LTD (TRADING AS “RUBICON 3”)

BOOKING TERMS AND CONDITIONS

These Booking Terms and Conditions, together with our Privacy Policy and where your arrangements are booked via our website, our Website Terms of Use, together with any other written information we brought to your attention before we confirmed your booking (including, where relevant our Covid-19 Special Conditions), form the basis of your contract, with us. In these Booking Terms Conditions references to “you” and “your” include the first-named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred and “we”, “us” and “our” means BLUECO HOLDINGS LTD (company registered number 12706630) with registered office 20-22 Wenlock Road, London, England, N1 7GU, trading as “Rubicon 3”, (“Rubicon 3”),

By making a booking, the first-named person on the booking agrees on behalf of all persons detailed on the booking that:

he/she has read these Booking Terms and Conditions and has the authority to and does agree to be bound by them;
he/she consents to our use of personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including, where applicable, special categories of data (such as information on health conditions or disabilities and dietary requirements);
he/she is over 18 years of age
he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

PLEASE NOTE: We act in the following capacities, as a Package Organiser in the sale of a Package Sailing Holiday, as a Principal in a ‘single service’ booking (i.e. a day course) and as Agent (e.g. a flight booking).

Our obligations to you will therefore differ depending upon whether you book a Package Sailing Holiday where we are acting as the Package Organiser (please see condition 22 for further details of where this will be the case), as a Principal in the sale of a single service booking or as a booking agent to help you arrange or book arrangements sold by a third party tour operator/supplier (“Supplier/Principal”). Our differing obligations are set out below, in the following separate sections:

SECTION A – APPLICABLE TO ALL BOOKINGS SECTION B – APPLICABLE TO PACKAGE BOOKINGS (eg sailing holidays) SECTION C – APPLICABLE TO SINGLE SERVICE, PRINCIPAL BOOKINGS (eg shore based courses) SECTION D – APPLICABLE TO AGENCY BOOKINGS (eg where we use a trusted third party)

If you are not sure which sections apply to your booking, please do not hesitate to ask.

SECTION A – APPLICABLE TO ALL BOOKINGS

This section applies to all bookings made with us, where we are acting as the Package Organiser, Principal or Agent. Please read this section in conjunction with the additional relevant section applicable to your booking, as set out in these Booking Terms and Conditions.

1a. Booking & Paying For Your Arrangements

A booking is made with us when you:

Complete an Acknowledgement of Risk Form, where appropriate
Obtain adequate insurance for your booking, where appropriate (please see condition 7 for further information);
Pay us a deposit for your booking (or full payment if you are booking within 90 days of the arrangement start date); and,
We issue you with a booking confirmation.

We or the Supplier/Principal reserve the right to return your deposit and decline to issue a booking confirmation at our absolute discretion (including without limitation, failure to meet the required standards of the Medical Declaration Form).

Where we act as Package Organiser or Principal, a binding contract will come into existence between you and us as soon as we have issued you with a booking confirmation that will confirm the details of your booking and will be sent to you or, where you have booked through a travel agent, your travel agent]. Where we act as agent, your booking is confirmed and a contract between you and the third party Supplier/Principal will exist when we send you confirmation on their behalf. Upon receipt, if you believe that any details on the booking confirmation or any other document are wrong you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document within 10 (ten) days of our sending it out.

Where we act as Package Organiser or Principal, the balance of the cost of your arrangements (including any surcharge, if applicable) is due not less than 90 days prior to the scheduled start date. Where you have booked a Platinum Expedition, your specific payment terms will be noted on your booking confirmation. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case we will retain your deposit.

Where we act as the agent final balance payments should be made as directed on your invoice. Please also see the additional payment terms applicable to agency bookings, in condition 36.

Please note that the cost of your arrangements do not include: the cost of insurance premiums, medical costs, visas and entry permits required by countries and authorities during a holiday, additional purchases/expenditure while you are on your holiday, the cost of communications (including email or by phone) to and from the yachts unless it is on official yacht business or made at the request of Rubicon 3.

1b. Communication and Documentation

All booking-related correspondence and documentation will be sent to the lead booker only. The lead booker is responsible for sharing the relevant information with all members of their party. If any group member requires additional copies or specific assistance, they may contact us directly at info@rubicon3adventure.com.

2. Medical Declaration Form

Due to the nature of some of the arrangements we sell, you may be required to complete a Medical Declaration Form before we are able to confirm your booking to assess your fitness to participate in your chosen arrangements. If you are required to complete a The Medical Declaration Form is provided so that we are able to understand your level of health and fitness, to ensure that you are able to participate in the arrangements and is in the interests of your safety and the safety of the other travellers. Any information provided to us will be processed in accordance with our Privacy Policy.

The Medical Declaration Form may include providing information in relation to general health and ability, age, Covid-19 testing results, mobility, recent surgery, medical conditions, diabetes, kidney or bladder disorder, any mental, psychological or nervous problems, cardiovascular problems or other heart conditions, hypertension or any cerebrovascular problems, terminal conditions, allergies or intolerances, medication, addictions, hearing impairments and details of your next of kin. You will need to provide the information requested, alongside any Disabilities and Medical Requirement Information, which may require updating closer to the date of your arrangements, as set out in condition 10.

A booking confirmation and/or participation on your chosen arrangement may be declined at the discretion of Rubicon 3 or the Supplier/Principal, a representative of Rubicon 3 or the Supplier/Principal (medical or otherwise), Master or a skipper if a traveller has not signed a Medical Declaration Form.

3. Risks and Acknowledgement of Risk Form

Where we act as Package Organiser or Principal, you recognise that, while Rubicon 3 will take all reasonable care to keep you safe and well during your arrangements, being at sea in general and more adventurous style sailing trips, in particular, comes with an inherent risk of serious injury or death. On certain bookings or for certain activities, this risk is elevated and you will be required to sign an Acknowledgement of Enhanced Risk Form. By signing the Acknowledgement of Enhanced Risk Form you acknowledge you are aware of the increased risks and dangers involved with participating in the actvity and taking part in our arrangements and you fully accept the risks that may be associated with any arrangements.

A booking confirmation and/or participation on a Package expedition or other arrangement may be declined at the discretion of Rubicon 3 or the Supplier/Principal, a representative of Rubicon 3 or the Supplier/Principal (medical or otherwise), Master or a skipper if a traveller has not signed an Acknowledgement of Risk Form when required.

4. Information About Your Arrangements

We cannot guarantee that arrangements including those of our sailing holidays will include every advertised port or follow every part of the itinerary. Itineraries may change from time to time, both before and after the embarkation date and we reserve the right to omit/ substitute and ports, call at additional ports, vary the order of call for ports, change the time of arrival at, a departure from, or time spent at any port of call, deviate from the advertised itinerary in any way or substitute another yacht.

Where appropriate, we may issue you with an Information Pack a week or two prior to your holiday start date, either by email or to the address with which we have been provided. This Information Pack will include any information that we believe to be helpful for the enjoyment of your Package Sailing Holiday. You should check all information in the pack very carefully immediately on receipt to ensure it contains the correct information. If any start or end times or locations change after your booking has been made we will contact you as soon as we can to let you know.

5. Accuracy and Shore Excursions

We endeavour to ensure that all the information and prices both on our website and in any advertising material including any brochures are accurate. However, occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before you make your booking. For example, in response to government or local guidance and in the interests of health and safety (including Covid-19 policies), changes to the rules and regulations associated with your holiday may change, such as the type of food, availability of shore time or the possibility of shore excursions.

Our descriptions may refer to activities or tours in the ports and/or shore excursions. We are not responsible for the provision of such activity, tour or shore excursion or for anything that happens during the course of its provision by the operator as they are not operated or supervised by us. They do not form part of your contract with us, even where you may choose to book or pay for such an activity, tour or excursion whilst you are on your trip with us.

6. Prices of Your Arrangements

We reserve the right to amend advertised prices at any time. Where you have booked a Package Sailing Holiday, additional terms and conditions apply, please see condition 23 for further information.

7. Insurance For Your Arrangements

Adequate travel insurance is a condition of your contract with us or with the Supplier/Principal. You must be satisfied that your travel or other appropriate insurance fully covers all your requirements including the inability to join or participate in the holiday due to Covid (or similar) restrictions, pre-existing medical conditions and medicines, cancellation charges, medical expenses and repatriation in the event of accident or illness, loss or damage to personal belongings, cancellation and personal accidents. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available. We do not recommend any insurance provider. Where we give names or details of any provider, this is for information and/or guidance purposes only. We will not assess the suitability of any insurance policy. It is wholly your responsibility to ensure that you have insurance that is adequate for your needs.

8. Events Beyond Our Control

Except where otherwise expressly stated in these Booking Terms and Conditions neither we nor the Supplier/Principal will be liable or pay you compensation if our contractual obligations to you are affected by Events Beyond our Control. For the purposes of these Booking Terms and Conditions, Events Beyond our Control means any event beyond our or the supplier of the service in question, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include war or threat of war, and acts of terrorism (and the threat thereof), civil strife, riots, civil unrest, significant risks to human health such as the outbreak of serious disease at the travel destination(s), epidemics, pandemics or natural disasters such as floods, earthquakes or weather conditions such as storms and ice which make it impossible to travel safely to the travel destination(s) or remain at the travel destination(s), mechanical difficulties, the act of any government (national or local), or other national or local authority including port or river authorities, lock closure, natural or nuclear disaster, fire,

Brexit Implications: please note that certain travel arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of access to certain ports and airports etc. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as Events Beyond our Control, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.

9. Special Requests For Your Arrangements

Where relevant, the accommodation we provide will be suitable for the number of guests occupying it. The yachts do not have gender-segregated accommodation and sleeping arrangements are in mixed-sex areas. Any special requests must be advised to us at the time of booking e.g. the carrying of any special medical equipment, diet, food intolerances, allergies and other requirements and preferences. You should then confirm these requests by emailing us info@rubicon3adventure.com. Whilst every effort will be made by us to try and arrange any reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on the confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Should your needs change after booking or you become aware that you need assistance you must notify us immediately and we will make reasonable efforts to assist you at that time. Failure to meet any special request will not be a breach of contract on our part. We do not accept bookings that are conditional upon any special request being met.

10. Disabilities and Medical Requirements

You must ensure that you are medically and physically fit for travel and that such travelling will not endanger yourself or anyone else, particularly where you are travelling on a Package Sailing Holiday where a certain level of fitness and agility is required. If any member of your party is affected by any condition (medical or otherwise) that might affect their, or any other guests’ enjoyment of the arrangements, and/or making the booking (this includes food intolerances or allergies) and make enquiries for you, including (if necessary) reasonable adjustment enquiries. Any information provided will be dealt with in accordance with our Privacy Policy. We advise that you take professional medical advice before participating in a Package Sailing Holiday.

You must also promptly advise us if any medical condition or disability which may affect any member of your party’s arrangements that develops after the booking has been confirmed. Full mobility is recommended for safety purposes on most of our arrangements we offer as Package Organiser, Principal and/or Agent. We may require you to produce a doctor’s certificate certifying that you or such member of your party is fit to participate. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we or the Supplier/Principal (where we act as agent) will cancel it and impose applicable cancellation charges when we become aware of these details. If you have any questions about your disabilities and/or medical requirements (including food intolerances and allergies) please contact us before you make your booking at info@rubicon3adventure.com

Pregnant women are highly recommended to seek medical advice prior to travel at any stage of their pregnancy. For safety reasons, we cannot accept guests who will enter their 24^th week of pregnancy by the beginning of, or at any time during a Package Sailing Holiday.

To ensure a healthy sailing, we may request guests complete a Medical Declaration Form before booking. Where necessary, if you have a condition is deemed contagious, you may be denied permission to board the yacht or asked to leave the yacht to avoid the spread of your condition. Non-compliance with the instructions of the company could lead to your removal from the yacht at the next port of call in which case we will have no further liability to you or to any member of your party. If you have failed to give proper notice of any assistance or needs you require then in accordance with Regulation EU 1177/2010 we reserve the right to refuse to allow you to travel. This includes a refusal in order to meet safety requirements established by international, union or national law or those competent authorities, or where the design of the yacht or port infrastructure makes it impossible to carry out the embarkation, disembarkation or carriage of you or a member of your party in a safe or operationally feasible manner.

At any point during your time prior to embarkation or during your time on board the yacht prior to final disembarkation, we reserve the right to require any traveller to produce medical evidence of fitness to travel and fitness to participate and the results of a Covid-19 test in order to assess whether that traveller can be carried safely in accordance with applicable international, EU or national law. For the avoidance of doubt, you may be asked to prove that you can achieve the fitness and agility standards as set out in our Fitness to Sail criteria. If you cannot meet these, you may be asked to leave the yacht.

Where a traveller is refused embarkation or asked to leave the yacht as a result of safety and/or fitness to travel, we shall not be liable for any loss or expense occasioned to the Passenger thereby, nor shall the traveller be entitled to any compensation.

If you have any further questions about this clause specifically, please contact us at infor@rubicon3adventure.com

11. Luggage and personal belongings

Any valuable and important items should not be left unsecured in the yacht or elsewhere. There is no safe deposit box on the yacht and they will not always be locked or secure at the port. We shall not be liable for any loss or damage to any valuables, clothing or equipment howsoever caused. If you discover any loss or damage when onboard then you must notify the master immediately. Failure to notify us immediately may affect our ability to investigate the loss or damage. You must also give us details of the relevant insurance coverage.

We have no luggage limit [although cabin storage is limited]. You must not pack in any luggage or bring onboard any dangerous or illegal item which is considered restricted, dangerous or illegal in any of the countries the yacht is due to visit or any other items which the skipper has forbidden. We may also specify other inappropriate items which you must not bring with you. If Rubicon 3, a representative of Rubicon 3 (medical or otherwise), Master or a skipper, have reason to believe that anything which should not have been brought on board has been brought on board, we or an authorized officer have the right to search the yacht and your belongings and seize any such items and may also contact law enforcement.

All equipment must be capable of being stored and used safely and be adequately protected against water, impacts and other hazards. It is your responsibility to ensure this is so and where loss or damage does occur, we shall not be liable for any loss or expense occasioned to the Passenger thereby, nor shall the Passenger be entitled to any compensation. A yacht is an active, outdoor environment with numerous ways in which clothing, equipment and belongings can get damaged. By bringing such clothing or equipment on board you acknowledge this fact. Rubicon 3 will not be liable for any loss or damage caused to your clothing or equipment howsoever it is caused.

13. Qualifications

Some arrangements you book with us may include a requirement to have certain qualifications, skills or experience in order to participate. For example, we may require participants on some courses to have RYA Day Skipper, or ASA 104 or equivalent skills and experience. Similarly, to join as a Watch Leader on an offshore passage, you may need to show that you have RYA Coastal Skipper practical or equivalent skill and experience. By booking onto one of these trips or positions, you are confirming that you have the requisite qualifications, skills and experience. You will be asked for proof of this at or around the time of your booking. Where it is found that you do not have the requisite qualifications, skills or experience, your booking may be cancelled and/or you may be denied permission to take part in the sailing of the yacht or you may be asked to fulfil a different role on the yacht such as crewmember. In this instance, if you are not eligible or you do not accept the new role (where applicable) you will be deemed to be cancelling your trip and the conditions of cancellation will apply.

14. Crew Hours of Rest

It is a legal requirement that professional crew on a vessel comply with the Hours of Rest legislation set out in MGN 471(M) or other such notices and legislation as may apply. These Hours of Rest are there for your safety. In order to get sufficient Hours of Rest, there will be times when the crew are unavailable, except in an emergency, to attend to the clients or sail the boat. Such downtime will occur every day and may include a full day during your Package Sailing Holiday. The itinerary we have planned encompasses the requirement for this downtime and it is in no way to the detriment of your holiday or a minor or substantial change to your holiday.

15. Complaints About Your Arrangements

For all bookings made with us: if you wish to complain about any service we have provided to you (i.e. our booking service) then please contact us directly at info@rubicon3adventure.com

Where we act as Package Organiser or Principal: we make every effort to ensure that your arrangements run smoothly but if you do have a problem during your arrangements, please inform your skipper immediately who will endeavour to put things right. If your complaint is not resolved locally, please ensure that you contact info@rubicon3adventure.com [If you booked through a travel agent, please contact your travel agent.]

If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us at our registered office, ideally within 28 days of the end of your Package Sailing Holiday, 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 condition may affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.

You can access the European Commission Online Dispute Resolution (ODR) platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved. Please Note: the ODR platform is unlikely to be available for use by UK consumers at such a point that the UK’s transition period, as part of its withdrawal as a member of the European Union, comes to an end.

Where we act as Agent: because the contract for your travel arrangements is between you and the Supplier/Principal, any queries or concerns about your arrangements should be addressed to them. If you have a problem with your travel arrangements whilst using them, this must be reported to the Supplier/Principal immediately. If you fail to follow this procedure there will be less opportunity for the Supplier/Principal to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result. If you wish to complain when you return home, write to the Supplier/Principal. You will see their name and contact details in any confirmation documents we send you.

16. Your Behaviour

General: All guests are expected to conduct themselves in an orderly, hygienic and acceptable manner and not to disrupt the enjoyment of others during any of the booked arrangements. It is a condition of boarding and remaining on board any of our yacht(s) that all guests throughout their stay comply with our Guest Behaviour, Safety & Security requirements of this condition. On the yacht, it is necessary that you ensure that all members of your party abide by the authority of Rubicon 3 or the Supplier/Principal, a representative of Rubicon 3 or the Supplier/Principal (medical or otherwise), Master or a skipper. If in our opinion or in the opinion of any yacht staff member or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other guests or any third party, or damage to property, rendering the yacht liable to arrest or impounding, creating unhygienic conditions, or to cause a delay or diversion to transportation, we reserve the right, without prior notice, to refuse to allow you to travel on our yacht or participate in your arrangements and to terminate your booking with us immediately. You may then be left at any port or place at which the yacht calls without us incurring any liability. We will have no further obligations to you and/or your party. No refunds for lost arrangements will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or the members of your party may also be required to pay for loss and/or damage caused by their actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by any member of your party. Full payment for any such damage or losses must be paid directly to the master or other supplier prior to the disembarkation date or the end of your arrangements. If you or any member of your party fails to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of the actions of any member of your party together with all costs we incur in pursuing any claim against you or any member of your party.

Smoking: The smoking of any form is forbidden on board or on the dock next to the yacht. We also very strongly discourage the smoking of any form at any time between the start and end date. The use of e-cigarettes is permitted off the boat only.

Drugs and alcohol: In the interests of health and safety, possessing and/or consuming drugs and/or alcohol during your arrangements are strictly prohibited, without the prior express permission of the skipper.

Medication: Where you need to take medication for pre-existing conditions, this medication must be declared to the Master at or shortly after boarding. It is important that should you become ill the Rubicon 3 crew know where your medication is stored and how it is administered.

The master: The master onboard your yacht or other arrangements has the ultimate authority on all matters affecting the safety of the yacht, crew members and the environment. You are required to participate in any and all duties connected with the running of the yacht as directed by the master. This includes, but is not limited to, the maintenance and cleaning of the yacht as required by the master between the start date and end date of your arrangements.

Guests: You are prohibited from bringing additional guests or other persons on board any yacht at any time without the prior and express permission of the master.

17. Passport, Visa and Immigration Requirements & Health Formalities

It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable for all ports of call on the yacht’s itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before your embarkation date.

Most countries now require passports to be valid for at least 6 months after the disembarkation date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit https://www.gov.uk/browse/citizenship/passports.

Special conditions apply for travel to the USA, and all passengers must have individual machine readable passports. Please check https://uk.usembassy.gov. You will also almost certainly need a C1/D visa for the crew of training yachts. Please check here. For European holidays you should obtain a completed and issued form EHIC prior to departure.

Up to date travel advice (including any Covid-19 or other pandemic related travel restrictions) can be obtained from the Foreign and Commonwealth Office, visit https://www.gov.uk/travelaware. Further information may also be found on www.fitfortravel.nhs.uk.

Non British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of each of the countries through which you are travelling.

You must have a valid passport and any visa, entry or exit permit, Covid vaccine or negative test result or other documentation required by any port on the yacht’s itinerary. 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. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.

18. Media and Publicity

From time to time we may either take photographs or record videos of the services provided as part of the arrangements (for example, we may take photos or videos of the sailing, training, of guests enjoying their time onboard and/or of guests otherwise taking part in any part of their time with Rubicon 3).

Where you appear in those images, by making this booking you grant us permission to make use of those images in order to produce promotional material, consisting of photographs and/or film, for publication in our printed publications, in media press releases, on video, on our website or on all four, for the purposes of advertising our services.

If you do not wish to appear in such publicity material, we will do our best not to include you in any such material as it is being produced on board. We do not provide any guarantee whatsoever that you will not unintentionally be in such material. As a result, if it is a condition of your booking that you do not appear in any such material, you must not book with Rubicon 3.

19. Provision of Ancillary Equipment & Facilities

We may provide equipment such as a Kayak, RIB or snorkelling equipment for your use during your arrangements and the provision of such items is entirely at our discretion or the discretion of the master and is in no way an obligation to you. The provision of such equipment by Rubicon 3 does not form any part of this contract with you. Ancillary equipment on board the yacht such as a fridge, freezer, heating or air conditioning is there to improve your experience. The nature of the environment and routes that these yachts operate in will mean that from time to time some or all of this ancillary equipment may not work or need repair. While we will always do everything in our power to prevent any breakages or to repair any faulty equipment as soon as possible, the provision of this equipment does not form any part of the contract with you and you recognise and accept that such equipment may from time to time not be available to you.

20. Foreign Office Advice

You are responsible for making yourself aware of Foreign Office advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the Foreign Office to avoid or leave a particular country may constitute Events Beyond our Control. (See condition 10).

21. Jurisdiction and Applicable Law

These Booking Terms and Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the courts of England and Wales only. You may, however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.

SECTION B – APPLICABLE TO PACKAGE BOOKINGS

This section only applies to Package Sailing Holiday booked with us, where we are acting as the Package Organiser (e.g. for all package expeditions). Please read this section in conjunction with Section A of these Booking Terms and Conditions.

22. Definition of a Package

Where your booking is for a Package that we have organised, as defined below, we will act as a “Package Organiser” and you will receive the rights and benefits under the Package Travel and Linked Travel Arrangements Regulations 2018 (“PTRs”), as outlined in this Section B of our Booking Terms and Conditions.

A “Package” exists if you book a combination of at least two different types of the following separate travel services, for the purpose of the same trip or holiday:

transport; or
accommodation; or
rental of cars, motor vehicles or motorcycles (in certain circumstances); and
any other tourist service not intrinsically part of one of the above travel services,

provided that those travel services are purchased together from a single visit to our website and selected by you before you agree to pay; or are advertised, sold or charged at an inclusive or total price; or advertised or sold under the term “package” or a similar term.

IMPORTANT NOTE: where you have made a booking which consists of not more than one type of travel service as listed at (a) – (c) above, combined with one or more tourist services as listed at (d) above, this will not create a Package where the tourist services:

do not account for 25% of the value of the combination and are not advertised as, and do not otherwise represent, an essential feature of the package; or
are selected and purchased after the performance of the transport, accommodation or car rental has started.

These bookings will be treated as “Single Service” bookings and will not be afforded the benefit of the rights under the PTRs. Please see Section C of these Booking Terms and Conditions for the terms applicable to such arrangements.

[The Package Sailing Holidays offered by Rubicon 3 includes core skills training, full board, and accommodation but excludes any alcohol, any additional purchases or expenditures you may make and any shore-based travel.]

23. Pricing of Packages

We reserve the right to amend the price of unsold holidays at any time and to correct errors in the prices of confirmed holidays. We also reserve the right to increase the price of confirmed holidays solely to allow for increases which are a direct consequence of changes in:

the price of the carriage of passengers resulting from the cost of fuel or other power sources;
the level of taxes or fees chargeable for services applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports; and
the exchange rates relevant to the Package Sailing Holiday.

Such variations could include but are not limited to cost changes which are part of our contracts with yacht ship operators and any other service providers.

You will be charged for the amount of any increase in accordance with this condition. However, if this means that you have to pay an increase of more than 8% (eight per cent) of the price of your confirmed holiday (excluding any amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another holiday if we are able to offer one (if this is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within seven (7) days from the issue date printed on your final invoice.

From time to time, marketing promotions may be applied to your holiday that allow other travelers for a limited period of time to sign up to join the holiday at a reduced price. This does not alter the price of your holiday in your contract and you are not eligible, except with the written permission of Rubicon 3, to take part in any relevant promotion that begins subsequent to you entering into your contract with Rubicon 3

24. Cutting Your Package Sailing Holiday Short

If you are forced to return home early, we cannot refund the cost of any travel arrangements you have not used. If you cut short your arrangements and return home early in circumstances where you have no reasonable cause for complaint about the standard of services provided by Rubicon 3, we will not offer you any refund for that part of your holiday not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.

25 a. Change to Package Booking

If you wish to change any part of your booking after our booking confirmation and invoice have been issued, you must inform us in writing as soon as possible by emailing info@rubicon3adventure.com. This should be done by the first named person on the booking. Your request to make a change to a booking will only be effective from the date on which we receive it. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of £80 per change as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change. You should be aware that these costs could increase the nearer to the Start Date that changes are made and you should contact us as soon as possible. If we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable in accordance with condition 27.

25 b. Transfer of Package Booking

If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:

that person is introduced by you and satisfies all the conditions applicable to the Package Sailing Holiday;
we are notified not less than seven (7) days before the Start Date.
you pay any outstanding balance payment, an amendment fee of £80 per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and
the transferee agrees to these Booking Terms and Conditions and all other terms of the contract between us.

You and the transferee will remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in condition 27 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused arrangements and services.

Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.

26. If You Cancel Your Package Booking Before the Start Date

If you or any other member of your party decides to cancel your confirmed booking you must notify us by emailing us at info@rubion3adventure.com. This should be done by the first-named person on the booking. Your notice of cancellation will only take effect from the date on which we receive it. Should one or more members of your party cancel, it may increase the price per person of those still travelling and you will be liable to pay this increase. If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

Any deposits and/or other payments toward the final balance on the booking are non-refundable. Any amendment charges are not refundable under any circumstances. We reserve the right to resell the place that has been cancelled by you.

Important Note: Certain arrangements may not be amended after they have been confirmed and any cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.

Cancellation by You due to Unavoidable & Extraordinary Circumstances:

You have the right to cancel your booking before the start date without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at the relevant part of your itinerary (or its immediate vicinity) and significantly affecting the performance of the holiday. This should be done by the first named person on the booking. Your notice of cancellation of a booking will only take effect when it is received by us as outlined above. In these circumstances, we will provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation. Please note that your right to cancel in these circumstances will only apply where the Foreign and Commonwealth Office advises against travel to your destination(s) or its immediate vicinity. For the purposes of this condition, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.

This condition 27 outlines the rights you have if you wish to cancel your booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Directive 2011/83/EU).

27. If We Change or Cancel Your Package

Once your booking has been confirmed, we will try to ensure that your expedition does not have to be altered in any material way. As we plan your Package Sailing Holiday arrangements many months, and in some cases years, in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time. There may be a requirement to carry out maintenance or repair works on your holiday. Where the works are likely to seriously impair your holiday, we will notify you as soon as possible.

28 a. Changes to Your Booking

If we make a minor change to your Package Sailing Holiday, we will make reasonable efforts to inform you, as soon as reasonably possible, if there is time before your start date, but we will have no liability to you.

Long Distance Travel: Should you miss any connecting travel, we are not liable for any costs you may incur in making alternative arrangements nor will we be liable to pay any compensation.

Occasionally we may have to make a significant change to your Package Sailing Holiday. An example of a significant change includes a change of start or end dates or overall length of the Package Sailing Holiday of 3 days or more; or change to the start or end place of more than 300nm.

28 b. Cancellation of Your Booking

We will not cancel your Package Sailing Holiday less than 30 days before the start date, except for where it is due to Events Beyond our Control (see condition 8) or failure by you to pay the final balance. We may cancel your Package Sailing Holiday before this date if, the minimum number of guests required for a particular Package Sailing Holiday is not reached. Our minimum number of travellers for any Package Sailing Holiday is four (4). Where we do not reach this minimum number within 30 days of the start date, we reserve the right to cancel the Package Sailing Holiday and refund you in full.

If we have to make a significant change or cancel, we will tell you as soon as possible and if there is time to do so before your start date, we will offer you the choice of:

(for significant changes) accepting the changed arrangements; or
having a refund of all monies paid; or
if available and where we offer one, accepting an offer of an alternative Package Sailing Holiday (we will refund any price difference if the alternative is of a lower value).

You must notify us of your choice within seven (7) days of our offer. This should be done by the first named person on the booking. If we do not hear from you within seven (7) days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.

Compensation

In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below, in the following circumstances:

If, where we make a significant change, you do not accept the changed arrangements and cancel your booking; or
If we cancel your Package Sailing Holiday and no alternative arrangements are available and/or we do not offer one.

The compensation that we offer does not exclude you from claiming more if you are entitled to do so.

Period Before Your Embarkation Date in Which We Notify You	Compensation Amount*
30 days or more	Nil
29-19 days	£50
18-10 days	£75
Less than 10 days	£100

Important Note: we will not pay you compensation where:

we make a minor change;
we make a significant change or cancel the arrangements more than 30 days before the start date;
we make a significant change and you accept those changed arrangements or an offer of alternative arrangements;
we have to cancel your Package Sailing Holiday as a result of your failure to make full payment on time;
the change/ cancellation by us arises out of alterations to the booking requested by you; or
we are forced to cancel or change your arrangements due to Events Beyond our Control (see condition 8).

If we become unable to provide a significant proportion of the

29. Our Responsibilities

We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, we are responsible for the proper provision of all travel services included in the Package expedition, as set out in our confirmation invoice. Subject to these Booking Terms and Conditions, if we or our suppliers negligently perform or arrange those services and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of the expedition you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in the Package Sailing Holiday. The level of any such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking Terms and Conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of the Expedition. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.

We will not be responsible or pay compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
the acts and/or omissions of the person affected; or
the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
Events Beyond our Control (as defined in condition 8) or
Accidents or injuries that could reasonably be expected to occur in adventurous and offshore sailing.

We limit the amount of compensation we may have to pay if we are found liable under this condition:
Loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is under the Athens Convention 1974 or Regulation EU No 392/2009.
Time limits for notifying any loss of and/or damage is set out in the Athens Convention 1974 or Regulation EU No 392/2009 are as follows: damage or delay which is apparent, must be notified to ourselves and the supplier of the service in question (if it is not us) before or, at the latest, at the time of departure from the yacht or relevant services; and where it is not apparent, within 15 days of departure from the yacht or end of using the service.
Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
Claims in respect of any stay on our yacht/ ship:

The extent of our liability will in all cases be limited as if we were suppliers under the Athens Convention, with respect to cruise arrangements. You can ask for a copy of this Convention from our offices. Please contact us.
When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the expedition for the complaint or claim in question including under any insurance policy.

It is a condition of our acceptance of liability under this condition that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these Booking Terms and Conditions.
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.
Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:

which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you;
relate to any direct loss of profits or direct loss of business; and/or
relate to an indirect or consequential loss of any kind.
We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised on our website or in any brochure. For example any excursion you book whilst away, or any service or facility which your Package Sailing Holiday or any other supplier agrees to provide for you.
Where it is impossible for you to return to your scheduled Disembarkation point, due to Unavoidable and Extraordinary Circumstances, we will provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3-night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your expedition. For the purposes of this condition, Unavoidable and Extraordinary Circumstances mean any Unavoidable and Extraordinary Circumstances which make it impossible to travel safely back to your pick-up point

30. Prompt Assistance for Packages

If, whilst you are on the Package Sailing Holiday, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance which is not owing to any failure by us, our employees or sub-contractors we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Terms and Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.

31. Insolvency Protection

The Package Travel and Linked Travel Arrangements Regulations 2018 require us to provide security for the monies that you pay for your Package, where we are acting as the Package Organiser, in the event of our insolvency. We provide this financial protection for our package holidays which don’t include flights, by use of the Protected Trust Service, which holds all customer money until the Package Sailing Holiday is delivered.

You can access The Package Travel and Linked Travel Arrangements Regulations 2018 here. If you book arrangements other than Package Sailing Holidays from us, your monies will not be financially protected. Please ask us for further details. If you book travel arrangements that don’t form part of a Package your monies will not be financially protected. Please ask us for further details.

SECTION C – APPLICABLE TO SINGLE SERVICE, PRINCIPAL BOOKINGS

This section applies to all Single Service bookings that you make with us (e.g. a day navigation course or shore-based course booking) when we are acting in a Principal capacity. Please read this section in conjunction with Section A of these Booking Terms and Conditions.

32. General

Single service bookings include one or two days courses run by Rubicon 3 such as celestial navigation or diesel engine maintenance course or a one day sailing trip without overnight accommodation Please note that unless specifically stated, no food or accommodation is provided during any shore-based courses.

33. If You Change or Cancel your Single Service Booking

Changes:

If you wish to change any part of your booking after our confirmation invoice has been issued, you must inform us in writing as soon as possible. This should be done by the first-named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of £25 per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change. You should be aware that these costs could increase the closer to the start date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you.

Cancellations:

Single service arrangements are not changeable after confirmation and any alteration will result in a cancellation charge of 100%.

34. If We Change or Cancel Your Single Service Booking

We may in certain circumstances be required to cancel your booking in which case a full refund of all monies paid will be made to you. We regret we cannot meet any expenses or losses that you may incur as a result of change or cancellation. Very rarely, we may be forced by Events Beyond Our Control (see condition 8) to change or cancel your travel service(s) after departure. If this situation does occur, we regret we will be unable to make any refunds, pay you compensation or meet any costs or expenses you incur as a result.

35. Our Responsibilities for you Single Service Booking

Subject to the remainder of this condition, we have a duty to select the suppliers of the services making up your booking with us with reasonable skill and care. We have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers/subcontractors with reasonable skill and care, we will have no liability to you for anything that happens during the service in question or any acts or omissions of the supplier, its employees or agents.
We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or another claim of any description if it results from:

the act(s) and/or omission(s) of the person(s) affected; or
the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.

We limit the amount of compensation we may have to pay you if we are found liable under this condition:
loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.
Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is twice the price paid by you in total. This maximum will only be payable where everything has gone wrong and you have not received any benefit at all from your booking.
It is a condition of our acceptance of liability under this condition that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
Where any payment is made, the person(s) availability (and their parent or guardian if under 18 years) must also assign to ourselves 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.
Please note, we cannot accept any liability for any damage, loss of expense or other sum(s) of any description: (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you: or (b) relate to any business.
We will not accept responsibility for services or facilities which do not for part of our agreement or where they are not advertised in our brochure. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.

SECTION D – APPLICABLE TO AGENCY BOOKINGS

This section applies to bookings we make for you when acting as Agent (e.g. sailing courses provided by a trusted third party provider). Please read this section in conjunction with Section A of these Booking Terms and Conditions.

36. Your Contract with the Supplier/Principal

Where we act as agent, we will arrange for you to enter into a contract with the applicable Supplier/Principal (e.g. tour operator/airline/expedition or cruise company/accommodation provider, such as Gazelle Travel Ltd t/a Faremine.com) of your chosen travel arrangements, as specified in your confirmation invoice.

As an agent we accept no responsibility for the acts or omissions of the supplier or for the services provided by the supplier. The Supplier/Principal’s Terms & Conditions will apply to your booking and we advise you to read these carefully as they do contain important information about your booking. Please ask us for copies of these if you do not have them.

37. Payment for Agency Bookings

If you have paid a deposit, you must pay full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will notify the Supplier/Principal who may cancel your booking and charge the cancellation fees set out in their Terms & Conditions.

Except where otherwise stated in the booking conditions of the Supplier/Principal concerned, all monies you pay to us for Travel Arrangements will be held on behalf of the Supplier/Principal and forwarded on to the Supplier/Principal in accordance with our agreement with them.

38. Changes and Cancellations by You

Any cancellation or amendment request must be sent to us in writing, by email, and will take effect at the time we receive it. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Whilst we will try to assist, we cannot guarantee that the Supplier/Principal will meet such requests. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the Supplier/Principal of your Arrangements.

The Supplier/Principal may charge the cancellation or amendment charges shown in their booking conditions (which may be as much as 100% of the cost of the Arrangements and will normally increase closer to the date of departure). In addition, you must pay us an administration fee of £50 per booking for any amendments to bookings and an administration fee of £50 for cancellations. We will notify you of the exact charges at the time of amendment or cancellation.

39. Changes and Cancellations by the Supplier/Principal

We will inform you as soon as reasonably possible if the Supplier/Principal needs to make a significant change to your confirmed travel arrangements or to cancel them. If the supplier offers alternative arrangements or a refund, you will need to let us know your choice within the stipulated time frame. If you fail to do so the supplier is entitled to assume you wish to receive a full refund. We will also liaise between you and the Supplier/Principal in relation to any alternative arrangements offered by the Supplier/Principal but we accept no liability for any changes or cancellations made to your arrangements by the Supplier/Principal under your contract with them.

40. Our Responsibility for your Booking

Your contract is with the Supplier/Principal and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the travel arrangements you have booked. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the travel arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of the commission we earn on your booking (or the appropriate proportion of this if not everyone on the Booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.

Standard Information Form on Traveller’s Rights when booking a Package Holiday (Online Sales)

Part 1: General

The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018. Therefore, you will benefit from all EU rights applying to packages. We, Blueco Holdings Ltd (company registered number 12706630) with registered office 20-22 Wenlock Road, London, England, N1 7GU, trading as “Rubicon 3”, (“Rubicon 3”), will be fully responsible for the proper performance of the package as a whole. Additionally, as required by law, we have protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that we become insolvent.

More information on key rights under the Package Travel and Linked Travel Arrangements Regulations 2018 can be found below.

Part 2: Key rights under the Package Travel and Linked Travel Arrangements Regulations 2018

Travellers will receive all essential information about the package before concluding the package travel contract.

There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.

Travellers are given an emergency number or details of a contact point where they can get in touch with the organiser or travel agent.

Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.

The price of the package may only be increased if specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.

Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.

Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.

Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.

If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.

Travellers are also entitled to a price reduction or compensation for damages or both where the travel services are not performed or are improperly performed.

The organiser has to provide assistance if the traveller is in difficulty.

If the organiser becomes insolvent, payments will be refunded. If the organiser becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. Blueco Holdings Ltd t/a Rubicon 3 protects your money via the use of Protected Trust Services

Part 3: The Package Travel and Linked Travel Arrangements Regulations 2018 can be found here: https://www.legislation.gov.uk/uksi/2018/634/contents/made

Standard Information Form on Traveller’s Rights when booking a Package Holiday (Telephone and Offline Sales)

Part 1: General

The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018. Therefore you will benefit from all EU rights applying to the packages. We, BLUECO HOLDINGS LTD (company registered number 12706630) with registered office Units 20-22 Wenlock Road, London, England, N1 7GU, trading as “Rubicon 3”, (“Rubicon 3”), will be fully responsible for the proper performance of the package as a whole. Additionally, as required by law, we have protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that we become insolvent.

PART 2

Key rights under the Package Travel and Linked Travel Arrangements Regulations 2018

Travellers will receive all essential information about the package before concluding the package travel contract.

There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.

Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the travel agent.

Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.

Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, has changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.

Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.

Travellers are also entitled to a price reduction or compensation for damages or both where the travel services are not performed or are improperly performed.

The organiser has to provide assistance if the traveller is in difficulty.