1) Introduction
Firth Attractions Ltd, trading as Dolphin Spirit, values your custom and will endeavour to ensure you travel safely and in comfort on a clean, reliable, safe wildlife watching boat cruise.
This document contains the Conditions under which we carry you and applies to anyone who travels with us.
Our Conditions are consistent with the relevant statutory regulations, including those relating to the conduct of passengers and lost property and do not affect your statutory rights.
Conditions may vary on certain services operated on behalf of other operators. Any variations will be publicised locally.
2) General Conditions
We aim to provide a safe, reliable and punctual service but there are occasions when we are simply unable to run as advertised due to factors outside of our control such as flooding or adverse weather conditions.
Wherever possible, we will take reasonable steps to advise you of any disruption to services but, in the event of cancellation, we shall not be liable for losses, damages, cost or inconvenience that you suffer as a result.
Liability will be limited in accordance with the Athens Convention relating to the carriage of passengers and their luggage by sea.
3) Conduct of Passengers
We reserve the right to refuse you entry, or require you to leave our vessels or premises at any time, should we have reason to believe that your behaviour jeopardises the safety, security and comfort of others.
When travelling with us you must in particular:
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Refrain from smoking either conventional or electronic cigarettes.
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Behave in a manner that is not abusive or threatening and does not cause offence to other customers or staff.
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Refrain from eating and drinking items which make the environment unpleasant for other customers or otherwise cause offence.
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Refrain from playing loud music or operating a personal device at a volume which may be heard by other passengers.
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Follow the instructions of our staff and act in a manner which shows due regard for the safety and comfort of other customers and company employees
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Notify a member of staff immediately if you sustain an injury whilst boarding, travelling on or getting off a vessel.
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Follow the directions of staff concerning the maximum number of passengers that a vessel is permitted to carry.
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Except in an emergency, not talk to the skipper whilst the boat is moving, obstruct the skipper’s vision or otherwise distract him.
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Have due regard at all times for the needs of our elderly, young and disabled customers and, in particular, vacate seats when requested
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Not distribute leaflets, papers or other articles or offer anything for sale or collect for charity without our prior written consent
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Not interfere with equipment fitted on the vessel
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Not deliberately damage or deface any part of the vessel
Intending customers who, in the opinion of the skipper or other company officer, appear likely to behave in an antisocial manner may not be allowed to travel.
If you are in breach of these and other statutory regulations you will be obliged to give your name and address to a company officer. We also reserve the right to take any other measures we consider necessary to protect the safety and comfort of our customers and staff including temporarily or permanently banning you from travelling with us following an incident of misconduct.
Boats and premises may be fitted with audio CCTV to provide added security for our customers and staff. Appropriate signage will be in place where audio CCTV is in use and the video and sound recordings used solely for the monitoring of safety, security, quality and in support of relevant criminal and civil legal proceedings and complaint investigation. Images of you may be provided to the police or any other enforcement agency at their reasonable request.
Whilst we will do everything we reasonably can to control the conduct of other customers, we cannot be held responsible for their conduct.
4) Carriage of Wheelchairs, Small Prams and Buggies
Wheelchairs, disabled buggies, approved mobility scooters, small prams and unfolded buggies may be carried. Due to the motion of the vessel, it will be the user’s responsibility to ensure that all items brought on board are secure and will not pose a risk to other passengers.
5) Cancellation, refund policy
Alterations or cancellations to any booking must be received in writing, if notification is received with more than seven days notice then the booking will be altered or refunded 100% with no additional charges. If less than seven days notice then no refund will be given and no alterations can be made.
6) Animals
Guide dogs, hearing or assistance dogs accompanying registered disabled persons are carried free of charge at any time. Assistance dogs should wear their harness or identification jacket when travelling. Additionally, well-behaved dogs are permitted onboard. No other animals can be allowed to board the vessel.
7) Lost Property
We will do all that we reasonably can to locate and return any property left on our premises or on one of our boats to its owner. If lost property is not claimed within a month, we will become the owner of the property and will dispose of it appropriately.
If you find lost property on a boat, you must hand it to the crew. Providing the item is not perishable or objectionable, we will keep it for a month. If you claim any item of lost property, you will be required to satisfy us that the item belongs to you, give us your name and address and you may be charged an administration fee.
If the lost property is perishable and is not claimed within 48 hours of being found, we will dispose of it as we think fit. If perishable property is, or becomes, objectionable or a health risk before the end of the 48 hour period, we reserve the right to destroy or dispose of it at any time.
If the lost property is contained in a package, bag or other containers, we may open it and examine it in order to trace the owner or identify the nature and value of the lost property.
Under normal circumstances, you will need to collect the lost property from the booking office at which the lost property is being stored. You will need to pay the cost of postage and packaging in advance if we agree to post the property back to you. Our arrangements comply with the relevant legislation.
8) Fares and Ticketing
Whenever you board a boat you must show the crew a valid prepaid ticket
Certain Vouchers and Warrants may be used instead of cash. Appropriate details are normally set out on the Voucher or Warrant.
You must retain your ticket, pass or other relevant documentation for inspection by a Company Official on demand throughout your journey. If you are unable to show this, or if it has expired or been altered or tampered with, you will be liable to pay a fare for the cruise. We will not refund you this fare if you later find the missing ticket or other documents.
Any person under the age of 18 must be accompanied by a responsible adult
9) Complaints
Any complaint or problem arising should be raised with a crew member immediately so that where possible this may be satisfactorily addressed.
We welcome suggestions and complaints because they help us to improve our services and put things right when they have gone wrong. We want people to contact us rather than just stop using our services. We will handle complaints with tact and consideration and never take them personally. We know that customers want to be taken seriously more than anything else. When we have failed, we will offer a sincere, speedy apology and a genuine commitment to avoiding a repetition.
All suggestions and complaints whether in writing, by email, in person or by telephone will be investigated and dealt with.
We will provide a response as quickly as possible and always within one week of receipt, even if this is initially to explain what investigation needs to take place and how long this will take.
When comments or complaints are about matters outside our control, we will forward them to the relevant organisation and explain that we have done this.
10) Data Protection
In any circumstances where we collect your personal data, in connection with a retail transaction, a customer survey or other purpose, we will only collect and process your data in accordance with the principles contained in the Data Protection Act 1998.
11) Amendments
These Conditions apply to Firth Attractions Ltd from 1st January 2015 and replace all previous Terms and Conditions
These Conditions may be amended at any time and any revision will be advertised on www.DolphinSpirit.co.uk
12) Legal Notice
The governing law for these Conditions shall be the laws of Scotland and the Courts of Scotland shall have exclusive jurisdiction.
Should any provision of these Conditions be invalid or unenforceable this shall not affect the validity and enforceability of the remaining provisions.