Calma Sailing Terms of Service
PLEASE READ CAREFULLY
BOOKING YOUR TOUR OR COURSE
You can book your Sailing Tour or Sail Canada Course by contacting us or via our website by clicking any “Book Now” button. If you would like to reserve a spot just a few days before the tour/course date or if you don’t see your preferred dates, just contact Dominik or Ania by:
Or email: email@example.com
We are here to help with any questions so don’t hesitate to ask. Please note that we often sail in areas that don’t have internet or phone reception, sometimes even for a couple of days, but please be patient, we will respond.
Tripadvisor, Viator & Airbnb Experiences:
We may additionally advertise and sell some of our tours and courses online through Tripadvisor.com, Viator.com, and Airbnb Experiences. We use these additional platforms to increase our client base and ensure the sustainability of our business. We match our prices as closely as possible on these platforms to offers on our website, however, sometimes different options and prices are available through these providers due to their inherently different selling methods. Prices can be lower or higher, and different terms of service, payment and cancellation policies will apply with each of these providers. Tripadvisor.com and Viator.com can sometimes offer discounted rates which are not under our control. Considering the different payment and cancellation policies, we believe booking through our website, under our terms of service, is the best option for our customers. However, please visit these providers, searching for Calma Sailing, to make your own informed decision when booking. Calma Sailing reserves the right to provide alternate options and prices for tours and courses via these platforms and our participants agree to release Calma Sailing from any resulting damages and waive any claim resulting from these alternate options.
PAYING FOR YOUR TOUR OR COURSE
We accept payment by credit card through our booking system (via Stripe, Inc.) or via other payment methods allowed in the booking system. We also accept payments by other methods with our prior consent, including e-Transfer, personal cheque, bank draft, and domestic and international wire transfer. We are not responsible for any processing charges or fees on your side that are applicable to the selected form of payment. All Sailing Tours and Sail Canada Courses are priced in Canadian dollars (CAD), and are subject to a 5% Federal Goods and Services Tax (GST). All prices are subject to change without notice.
When booking your Sailing Tour or Sail Canada Course we require payment in advance of your arrival because we will incur financial expenses in preparing for your time with us, and by booking a spot you prevent other potential customers from booking those dates. As such, by making your reservation and providing payment you are entering into a “Future Performance Contract” with Calma Sailing, as defined by the Business Practices and Consumer Protection Act of British Columbia, in which the consumer may not pay the full price of the product or service at the time the agreement is made.
The payment schedule for the different Sailing Tours and Sail Canada Courses is as follows:
- 1-Day Sailing Experience and 1-Day Introduction to Boating: Full payment is due at booking.
- 3-Day Sailing Adventure and 2-Day Start Keelboat Sailing: A 30% deposit is required at booking. Full payment is due 30 days before the tour departure time or course start time.
- 5-Day Sailing Expedition, 7-Day Sailing Expedition, and 5-Day Basic Cruising Skipper or Crew: A 30% deposit is required at booking. Full payment is due 60 days before the tour departure time or course start time.
If a payment is not received according to the indicated schedule, we reserve the right to cancel your booking or registration and open the spot up to other participants.
FULLY REFUNDABLE – RISK FREE RESERVATION
Your reservation deposit or full payment is fully refundable (100%, with no booking fees deducted) for the first 7 days after your booking, when made ahead of time as indicated below for the different Sailing Tours and Sail Canada Courses. The 1-Day tours and courses can be fully refundable for even longer. This is to provide you a week to calmly plan your trip, vacation time, etc. while your spot stays reserved:
- 1-Day Sailing Experience and 1-Day Introduction to Boating: Full payment is fully refundable for up to 7 days before the tour departure time or course start time.
- 3-Day Sailing Adventure and 2-Day Start Keelboat Sailing: Reservation deposit or full payment is fully refundable for the first 7 days after the booking if the booking is made more than 14 days before the tour departure time or course start time.
- 5-Day Sailing Expedition, 7-Day Sailing Expedition, and 5-Day Basic Cruising Skipper or Crew: Reservation deposit or full payment is fully refundable for the first 7 days after the booking if the booking is made more than 30 days before the tour departure time or course start time.
Refunds will be made with the same method as the original payment. Partial refunds will not be granted for select people requiring a refund on a single payment made for multiple people. We reserve the right to refuse a refund or exchange that does not meet the outlined terms.
If you must cancel your tour or course, please let us know as soon as possible. We do not provide a full refund if you must cancel your trip due to last-minute medical reasons and we recommend using trip cancellation insurance. Check with your credit card company as they may have such insurance already included.
Below is the cancellation policy for the different Sailing Tours and Sail Canada Courses. Refunds encompass the whole reservation deposit or full payment made for a Sailing Tour or Sail Canada Course package and are not per person. Partial refunds will not be granted for select people requiring a refund on a single payment made for multiple people. If you must cancel your tour or course and we receive your notice, your reservation deposit or full payment is refundable as follows:
- 1-Day Sailing Experience and 1-Day Introduction to Boating: Fully refundable (100%, no booking fees deducted) for up to 7 days before the tour departure time or course start time, or receive a 50% refund if you cancel less than 7 days before departure or start time. Receive a full refund (100%, no booking fees deducted) within 24 hours of booking if the tour or course is booked less than 7 days before the departure or start time, and a 50% refund thereafter.
- 3-Day Sailing Adventure and 2-Day Start Keelboat Sailing: Fully refundable (100%, no booking fees deducted) for the first 7 days after your booking if the booking is made more than 14 days before the tour departure time or course start time. Cancel more than 21 days before the departure or start time for a full refund minus a 5% booking fee. If you cancel 21 days or less before the departure or start time you will receive a 50% refund.
- 5-Day Sailing Expedition, 7-Day Sailing Expedition, and 5-Day Basic Cruising Skipper or Crew: Fully refundable (100%, no booking fees deducted) for the first 7 days after your booking if the booking is made more than 30 days before the tour departure time or course start time. Cancel more than 45 days before the departure or start time for a full refund minus a 5% booking fee. If you cancel 45 days or less before the departure or start time you will receive a 50% refund.
If you need to cancel your tour or course, at the discretion of Calma Sailing, your tour or course fees can be transferred to another person or parties that you suggest, or to other available dates in the same year if availability exists. We will not issue a voucher for subsequent years.
If you must leave your tour or course for any reason before its completion, you will be responsible for all costs associated with your departure and no portion of your payment will be refundable.
COVID-19 related cancellations:
If Calma Sailing cannot deliver and/or you are unable to join your tour or course due to government-imposed travel restrictions, border closures, or community closures resulting from the current COVID-19 pandemic, then you will be issued a 100% future tour/course credit or a 95% refund for all tours or courses. Credits do not expire and can be applied to any future booking with Calma Sailing.
Cancellation by Calma Sailing:
A 100% refund will be given if we cannot provide a tour or course due to extreme weather conditions or safety issues. Calma Sailing reserves the right to cancel any tour or course prior to departure due to unusual or unforeseen circumstances outside of the reasonable control of Calma Sailing for any reason including but not limited to safety threats such as extreme weather conditions, natural disasters, safety issues or logistical problems that may impede the operation of a tour or course. If a tour or course must be cancelled, participants shall have the choice of:
- Accepting from Calma Sailing a substitute tour or course of equivalent or lessor value, where such a substitute is reasonably available; or
- Accepting from Calma Sailing a full refund (100%, no booking fees deducted) of all monies paid for the cancelled tour or course.
Calma Sailing is not responsible for any incidental expenses or consequential losses that may have been incurred because of the cancelled tour, course or booking such as, but not limited to, non-refundable plane tickets or other transportation or travel costs, equipment, food costs etc.
Calma Sailing reserves the right to issue a full refund in lieu of the choices above, in its sole discretion. Calma Sailing will make every reasonable effort to contact you as soon as possible if it appears that a tour or course may be cancelled.
Refunds will be made with the same method as the original payment. We reserve the right to refuse a refund or exchange that does not meet the outlined terms.
TOUR OR COURSE ITINERARY & ROUTE MODIFICATIONS
Calma Sailing reserves the right to make any itinerary or route modifications which may be required to ensure participant safety, or which are desirable to improve the comfort and wellbeing of our participants due to forces, including extreme weather, beyond our control, and any participants agree to release Calma Sailing from any resulting damages and waive any claim resulting from these changes. Participants also acknowledge that other participants or crew, due to illness or injury, might have to depart prematurely from a tour or course and Calma Sailing will not be held responsible for any resulting changes to the activities, itinerary, or route as a result.
Calma Sailing provides all operating expenses during the term of the tour or course and agrees that no further charges will be made once you have booked your tour or course. Operating expenses include, but are not limited to, sailing instructions, marina fees, parks fees, fuel costs, use of all equipment, accommodation on the boat, meals, and beverages during the tour or course unless otherwise previously agreed to. Details on included meals, amenities, course materials and certificate fees on the specific tours and courses are provided on our website on pages specific to the particular tour or course.
Tour or course fees do not include transportation to or from departure/return points, or meals and accommodation prior to or following the tour or course. Tour or course fees do not include gratuities. Tour or course fees do not include personal expenses.
Participants ages 16 and up can attend, up to a maximum of 4 participants. Participants under 16 years of age may participate if prior consent has been granted by Calma Sailing and if they are provided with their own fitting lifejacket or personal-floatation-device (PFD) that is in good working order and is Transport Canada approved. Participants under 19 years of age must be accompanied by a guardian. The activity level is light to moderate and is appropriate for beginners. Training sessions will require short periods of moderate upper body exertion, and a moderate level of arm strength. Guests may experience sun, wind, spray, rain, and temperatures consistent with the season in southern, coastal British Columbia. Underway the vessel may exhibit irregular motion due to wind and waves. We ask guests to refrain from smoking when aboard the vessel. Consumption of alcohol is only allowed in small amounts when at anchor or when docked in a marina and is not allowed during sail training sessions.
We ask that you provide us with information on any medical conditions you may have that you judge to be pertinent to the activity you will undertake. We are not qualified to evaluate your level of fitness or your health status, therefore it is your responsibility to determine whether you are suited for the selected activity. Please contact us if you need advice in this matter. Your skipper will be certified in Marine Basic First Aid & CPR level C, however, please note that our tours and courses take place in remote areas and medical assistance, or evacuations can require a significant amount of time and resources.
SAIL CANADA COURSES
Please contact us for any details requiring clarification on the Sail Canada courses or see the Sail Canada website for up-to-date information (www.sailing.ca). Links to detailed Sail Canada information are provided on the website for each specific course. Please note, that it is the sole responsibility of the individual registrant attending the course(s) to ensure that they meet all the registration requirements. Registrants who do not meet the age requirements and/or course prerequisites will not receive a course completion credit.
PREPARING FOR YOUR TOUR OR COURSE
After you book your tour or course, we will send you regular emails with information on everything you need to know for your upcoming trip including an itinerary, suggested packing list, directions, and meeting times. Please see the specific tour and course pages and the frequently asked questions (FAQs) and transportation options sections on our website for more information.
Please inform us ahead of time of any special dietary requirements you may have (e.g., vegan, food allergies etc.) so we can prepare in advance. We will try to accommodate as much as possible to your request. Please note we are not able to ensure a peanut or nut free environment.
It is your responsibility to ensure that you are in possession of the correct documentation for your travels such as passports and visas. Please ensure you have the appropriate fishing licenses if you plan to fish or harvest shellfish during your trip.
PHOTOS AND VIDEOS
During the tour or course, photos and videos that include your image might be taken by us or other participants. We may use these photos or videos for promotional or commercial purposes. Please inform us if you would rather that your image is not used for such purposes. No compensation is provided for such use.
Calma Sailing is a Sail Canada certified and registered, and Transport Canada licensed sailing school, a Recreational Boating School (RBS). The skipper and the vessel adhere to Sail Canada’s standards and to Transport Canada’s Small Vessel Compliance Program (SVCP) standards (Official Number: BC224187). All Sailing Tours and Sail Canada Courses are offered according to the Training, Student, and Instructor Standards and the Operational and Vessel Requirements as set out by Transport Canada in the TP 15136 Standard. Calma Sailing is also a registered business in the BC Registry Services as a Sole Proprietorship (Business No: 729701698BC0001, FM0709998). Goods and Services Tax (GST) registration number: 72970 1698 RT0001.
WAIVER OF LIABILITY
While we have taken precautions to ensure the safety of all participants in the sailing or boating activity you are choosing to take part in, accidents can happen and there are risks inherent in sailing and the environment in which it is run. Sailing involves risks, dangers, and hazards, including but not limited to the boat grounding on shore or shallows, emergency disembarkment, inclement weather, sinking, slips, falls, hypothermia, harm from the boat itself, equipment or other objects, and accidents that may result in serious personal injury, death or damage to property, whether arising from events beyond anyone’s reasonable control or from the participants themselves or the negligence of the crew. You willingly and knowingly accept and assume all of the risks, dangers and hazards associated with the sailing activity.
We will provide each participant with a Waiver of Liability agreement that must be completed and signed by each participant and/or the guardian of a minor prior to joining our tour or course. By confirming the booking or registration, you verify that you have read through and agree to the terms and conditions outlined in the agreement. The details of the agreement are as follows:
Calma Sailing Waiver of Liability
In consideration of Calma Sailing, a registered business in the BC Registry Services (Business No: 729701698BC0001, FM0709998), permitting the individual named below (“I” or “me”) to board and sail on the “Mariah” and partake in the activities offered by Calma Sailing, which may include sailing on the “Mariah”, riding in small tender boats, operating kayaks or tenders, hiking, water sports (including kayaking, rowing, paddle boarding, and swimming) and participating in wildlife viewing (the “Activities”) and for other good and valuable consideration, I agree to all of the terms and conditions in this Waiver of Liability agreement (the “Agreement”).
- Assumption of Risks: I am aware and understand that the Activities may involve many risks, dangers, and hazards, including, but not limited to, the risk of serious injury, death, or property damage. I acknowledge that I am voluntarily participating in these Activities and freely accept and assume any and all risks, dangers or hazards involved in the Activities, as well as the possibility of injury, death, or property damage, whether caused by the negligence of Calma Sailing or otherwise.
- Waiver and Release: I expressly waive and release any and all claims which I have or may in the future have against Calma Sailing, its owners, affiliates and their respective directors, officers, employees, agents, representatives, shareholders, successors and assigns (the “Releasees”) arising out of or attributable to my participation in the Activities, due to any cause whatsoever, including the negligence of Calma Sailing or any other Releasee, breach of contract, or breach of any statutory or other duty of care, or otherwise. I covenant not to make or bring any claim covered by this release against Calma Sailing or any of the other Releasees and forever release and discharge Calma Sailing and all of the other Releasees from liability for any claims covered by this release.
- Directions of the Crew: For my own safety, I will obey the directions of the Captain/Skipper/Instructor and crew members of the “Mariah” at all times.
- General Terms: This Waiver of Liability Agreement is the entire agreement between Calma Sailing and me with respect to the subject matter in this agreement and supersedes all prior or contemporaneous understandings, agreements, reputations, or warranties, whether written or oral, with respect to the subject matter of this agreement. If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable in any jurisdiction, that invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable the terms of this agreement in any other jurisdiction. This Agreement is binding on and benefits both me and Calma Sailing and our respective heirs, successors, and assigns. This Agreement will be governed by and construed in accordance with the laws of British Columbia and the federal laws of Canada. Any claim or cause of action relating to the Activities must be brought only in the British Columbia Supreme Court, Vancouver Registry, and I irrevocably attorn to the exclusive jurisdiction of the British Columbia Supreme Court, Vancouver Registry.
- COVID-19 and other infectious diseases: I understand and acknowledge that to limit the spread of infectious diseases, including but not limited to coronaviruses, and as a condition of participating in the tour or course, I am required to at all times take the following precautions:
- Stay at home when you have cold or flu symptoms, including coughing, sneezing, runny nose, sore throat or fatigue;
- Practice good hygiene, including regular hand washing, avoiding touching your face, covering coughs and sneezes;
- Maintain physical distancing guidelines from other participants and staff whenever possible;
- Consider using a non-medical mask or face covering; and
- Otherwise comply with all other directions and guidelines provided by provincial and federal health authorities.
I understand and acknowledge that while the above measures may mitigate the spread of infectious diseases, they cannot prevent it. I assume all risk and liability for the spread of infectious diseases, and I agree to indemnify and save harmless the Releasees for any cause of action or suit related to the spread of infectious diseases, including but not limited to COVID-19, howsoever caused, whether arising by reason of the negligence of the Releasees or otherwise.
I acknowledge that I have read and understood all of the terms of this agreement and that I am voluntarily waiving substantial legal rights (on my behalf and on behalf of my heirs, executors, administrators and next of kin), including the right to sue Calma Sailing and the Releasees.
Name (please print):_______________________________________________________________
For participants of minority age:
This is to certify that I, as Parent, Guardian, Temporary Guardian with legal responsibility for this participant, do consent and agree not only to his/her release of all Releasees, but also to release and indemnify the Releasees from any and all liabilities incident to his/her involvement in these tours or courses for myself, my heirs, assigns, and next of kin.
Name (please print):___________________________________________________________________
Signature of Guardian if 18 years of age or younger:____________________________________
FOR MORE INFORMATION:
See the FAQs section on our website.
Or contact Dominik Domanski or Ania Perzanowska by: