Terms and Conditions
Thank you for your interest in Jacobite Cruises, Limited, a private company registered and incorporated in Scotland (company number SC057901), and having its registered office address at Dochgarroch Lock, Dochgarroch, Inverness, IV3 8JG, t/a Loch Ness by Jacobite (“LNbJ”).
RESERVATIONS AND INFORMATION
For private party and individual bookings, please book online at www.jacobite.co.uk. For information on group (including series groups) and/or charter bookings, please visit www.jacobite.co.uk for further details.
LNbJ cruise departures (“Tours”) are sold on a space available basis. Your purchase of the passenger cruise ticket in respect of any Tour constitutes acceptance of these terms and conditions (the “Terms and Conditions”). For the avoidance of doubt, all Tours are subject to weather conditions.
Please note that in the interests of safety, all passengers aged 16 years or under, must at all times be accompanied by an adult (aged over 16 years old) during any Tour.
Any alteration/cancellation request for a booking must be received in writing (including email) by LNBJ (to firstname.lastname@example.org) and will be subject to these Terms and Conditions.
On cancellation of a Tour booking the passenger shall be entitled to a refund of 80% of any price paid if notice of cancellation is received at least 7 days prior to the Tour date. If notice of cancellation is received 7 days or less prior to the Tour date, the passenger shall not be entitled to a refund.
Should an event or sequence of events beyond the reasonable control of LNBJ (including for the avoidance of doubt (and without limitation) any act of god or adverse weather conditions), occur (or is reasonably likely to occur), and which event or sequence of events have the effect of preventing or delaying LNbJ from performing its obligations to passengers, LNbJ will have no liability for any failure or delay in performance of its obligations.
Where LNbJ cancel a Tour for any unforeseen reason (including for example as a result of adverse weather) then the option of either (i) a full refund of Tour price paid by the passenger or; (ii) the transfer of the passenger booking to another Tour on an alternative date and time (within 30 days of the original Tour date), will be provided / offered by LNbJ. Where it is not possible to transfer the passenger Tour booking to an alternative date (for example as a result of no space available on alternative sailings within 30 days of the original Tour booking), LNbJ will provide a full refund to the passenger.
In the event that LNbJ need to cancel any Tour, and where possible, 24 hours notice will be given by LNbJ to passengers.
In addition to the above, LNbJ will make no refund to any passenger who fails to arrive at the correct departure point for their Tour, or misses the Tour as a result of failing to arrive on time for the Tour. Accordingly, it is the sole responsibility of the passenger to ensure that they arrive at the appropriate embarkation site/location, and that the passenger arrives with adequate time to embark.
LNbJ believes strongly in sustainable tourism practices and prides itself on “green” operations. Therefore, the reduction of consumable resources such as paper is one of its goals. To that end, all relevant documentation will be forwarded via email to the email address provided to LNbJ by the passenger. Passengers must ensure that the correct email address is provided to LNbJ during the booking process.
In the interests of safety and passenger enjoyment, smoking is strictly not permitted on any area of our Tour vessels. Any passenger found to be smoking on board any Tour, may be disembarked at the next available stop on the Tour.
HEALTH AND DISABILITY REQUIREMENTS AND MEDICAL SERVICES
Passengers requiring personal assistance or who are physically disabled must be accompanied by someone who assumes full responsibility for such assistance for both the regular activities of the Tour as well as any emergency.
LNbJ will make reasonable efforts to accommodate passengers with medical and/or physical limitations. There may however be circumstances outwith the reasonable control of LNbJ (for example adverse or abnormal weather conditions), whereby LNbJ consider that in the interests of the safety and wellbeing of any such passenger with medical and/or physical limitations, that a decision not to embark that passenger on any Tour vessel, is deemed appropriate.
Where LNbJ deem it necessary to take such course of action (for example where passenger health and safety would potentially be placed at risk during the Tour and/or the embarkation/disembarkation procedure), the affected passenger(s) with medical and/or physical limitations that are unable to take part in the Tour, will be offered either a full refund by LNbJ, or the opportunity to transfer the passenger booking to another Tour sailing on an alternative date and time.
Passengers requiring wheelchair access or with any mobility issues will be unable to embark on any Tours departing from the Clansman Harbour and jetty area. Physical features out with LNbJ’s control and/or responsibility at the Clansman Harbour such as steps, raised thresholds, and narrow doorways or passageways, limit wheelchair use/access and create challenges for passengers with reduced or impaired mobility.
Accordingly, passengers with mobility issues or who require wheelchair access, must embark Tours which depart from Dochgarroch Lock only. As stated above, LNbJ will not make any refund to passengers who fail to arrive at the appropriate departure location for embarking the Tour vessel.
Please note, that while all crew members aboard LNbJ vessels are trained in First Aid, fully trained medical personnel are NOT available aboard LNbJ vessels.
EMBARKING AND DISEMBARKING
Embarking and disembarking is accommodated through the use of gangways.
Loch conditions (including weather) greatly influence and vary the steepness or placement of gangways or dock ramps.
PHOTOGRAPHS AND VIDEOS
LNbJ occasionally photographs and/or videos passengers and activities during the course of a Tour. LNbJ may intend to use such photographs and/or videos for marketing and/or training purposes. Where such photography and/or videoing is scheduled to take place on board a Tour vessel, consent for photography/videography to take place will first be requested from passengers by the relevant photographer/videographer.
Nothing in these Terms and Conditions limits or excludes the liability of LNbJ for death or personal injury resulting from negligence or for any damage or liability incurred by the passenger as a result of fraud or fraudulent misrepresentation by LNbJ. Subject to that, the liability of LNbJ is excluded to the fullest extent permitted by law and LNbJ shall not be liable to the passenger (or any member of their party) for any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
Passengers on board any Tour shall comply at all times with all applicable laws. The captain/skipper of any Tour vessel may, in his/her sole discretion, refuse to embark any passenger(s) where the captain/skipper reasonably believes that embarking that passenger would pose a direct threat to the safety or wellness of (i) the passenger themselves; (ii) other passengers on the Tour; and/or (iii) the crew.
The captain/skipper of any Tour vessel may, in his/her sole discretion, refuse to embark (or disembark/land) any passenger(s) who (i) displays vulgar, violent or improper conduct, (ii) is found/suspected to be under the influence of illegal substances or in the possession of such substances, (iii) refuse to obey applicable laws, any LNbJ regulations and/or the instructions of the crew and/or captain/skipper, or (v) is deemed to otherwise be capable of endangering other passengers, members of the general public and/or the crew or captain/skipper. Accordingly, any such passenger(s) refused embarkation (and/or landed or disembarked during any Tour) will bear any expenses and will not be entitled to a refund from LNbJ.
Any complaint or problem arising during a Tour should be raised in the first instance with a crew member onboard the Tour vessel so that where possible this may be satisfactorily addressed immediately.
In the event of any complaint or problem arising before or after a Tour, passengers should contact the LNbJ in writing/email to voice such concerns.
LNbJ reserves the right to cancel, alter, advance, postpone or substitute any scheduled Tour sailing, substitute another vessel for the scheduled vessel in its sole judgment and discretion, and to do so without liability for any loss whatsoever to passengers because of said change(s).
AGREEMENT TO TERMS AND CONDITIONS
By registering for any Tour, the passenger agrees to all these Terms and Conditions. Where the passenger making the booking for the Tour, is doing so on behalf of another passenger (or passengers) within their party, the passenger making the booking is deemed to have made these Terms and Conditions known to all passengers within their party. It is the responsibility of the passenger booking the Tour to ensure that all passengers within their party have read and understood the Terms and Conditions, in advance of making any Tour booking.
These Terms and Conditions shall be governed by and interpreted in accordance with Scottish Law and the Scottish Courts shall have exclusive jurisdiction to resolve any disputes between LNbJ and the passenger.