These Booking Terms and Conditions form the basis of your contract with Total Sail having its Registered Office address at Goricka 6, HR -21000 Split .
(The Total Brand of companies are hereinafter referred to as “the Agent”).
The Total Brand is an umbrella brand under Jora Activities. Jora Activities OOD is a BG registered company (200008579)
This section entitled Booking Terms and Conditions’ sets out what you are entitled to expect from us when you make a booking with us.
In these Booking Terms and Conditions, “you” and “your” refers to all passengers on the booking (including anyone who is subsequently added or substituted at a later date). “Us”, “our” and “we” refers to the applicable Total brand.
These Terms and Conditions, together with the General Information found on our websites www.totalactivityholiday.com, www.totalkite.com and www.totalsail.com, govern the relationship, responsibilities and liabilities as between all persons named on the booking and the Agent, and are binding whether you have read them or not.
Therefore, please read them carefully as they form the basis of your contract with the Agent.
Booking Your Trip and Acceptance
1.1 The Agent accepts a booking only once a deposit of 30% or full payment has been collected and held either by the Agent directly or by an authorised travel agent on the Agent’s behalf. Bookings made via the authorised agents’ own websites are considered as made with the Agent directly.
1.2 To confirm a direct booking, you must complete the booking form found on our website. This must be done by the first named person on the booking (“lead passenger”). The lead passenger must be at least 18 when the booking is made. The lead passenger must be authorised to make the booking by all persons named on the booking.
1.3 On receipt of your booking form, subject to availability and at the Agent’s discretion, the Agent will reserve your place(s) on your selected trips and send you an initial invoice for the deposit or full payment, together with a due date for such payment. It is your (or on bookings involving more than one person, the lead passenger’s) responsibility, as the customer, to check the accuracy of your booking and travel dates. A contract is only made between you and the Agent upon your booking being confirmed and accepted through communication thereof to either you or your authorised travel agent (hereinafter referred to as “confirmation”).
1.4 Once we have received all appropriate payments (see clause 5), we will, subject to availability, confirm your holiday by issuing a confirmation invoice. This invoice will be sent to the lead passenger and should be checked carefully as soon as it is received. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We cannot accept any liability if we are not informed of any inaccuracy in any document within 10 days of our sending it out. We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so.
1.5 The numbers in your party must be stated at the time of booking, any increase in numbers must be made in writing to the owners and the weekly rate paid for in full. Any changes to the booking form after may incur a charge of 15 euros for administration cost.
1.6 If you are looking to book a yacht for your groups’ exclusive use and do not have details of all the parties, then we will hold the yacht for a maximum of 10 days to enable you to get all the information and the deposit together. You must indicate this on the booking form by ticking the appropriate box.
2. Deposits and Payments
2.1. For your trip to be confirmed, a deposit of 30% per passenger (or full payment if the reservation is within eight weeks of the date your trip is due to begin) must be paid at the time of reservation.
2.2 The balance of the cost of the holiday cost must be received by us not less than eight weeks prior to the date your arrangements with us are due to begin, which will be shown on the confirmation invoice. Please note, we do not send out payment reminders.
2.3. If all payments due are not paid in full and on time, we can assume that you wish to cancel your reservation. In this case, we will be entitled to keep all deposits paid. If we do not cancel straight away because you have promised to make the payment, you must pay the cancellation charges shown in clause 8 depending on the date your booking has been treated as cancelled.
3. Changes and Cancellation by you
3.1. If you wish to make any modifications or alterations to your confirmed trip, we must be notified in writing at the earliest opportunity. We will certainly do our utmost to assist with any such requests. However, there is no guarantee we will be able to fulfil any such written requests. In instances where changes are possible, an amendment fee of 15 euros per booked passenger will be payable together with any costs incurred by the Agent and any costs or charges incurred or imposed by any of our suppliers. Alterations may result in the recalculation of the trip price due to a switch from higher to lower season dates or vice versa.
3.2 Cancellation of a booking must be notified to us immediately, in writing, by the lead passenger. A booking will not be regarded as cancelled unless written notice is received by us and you have written acknowledgement that we have received such information.
Upon cancellation, the following charges will apply:
Days before trip commencement % of trip
Over 49 days Deposit (or minimum amount of £50, whichever is greater)
49-42 days 50%
41-35 days 75%
34-0 days 100%
3.3 No refunds will be issued for partly attended trips, accommodation reservations or any other services reserved but not used. You may be able to reclaim these cancellation charges (minus any excess), depending on the reason for cancellation, under the terms of your own personal insurance policy. Claims must be made directly to your insurance company.
4. Changes and cancellation by us
4.1 Every effort will be made to run all trips as advertised. However, we start planning our trips up to 18 months in advance and on occasion, changes and modifications have to be made to details before and after bookings have been confirmed, and, on rare occasions, confirmed bookings have to be cancelled. We always strive to avoid any such alterations and cancellations but reserve the right to do so. We will notify you as soon as possible of any such changes.
4.2 It must be remembered that due to the adventurous nature of our trips, it is not always possible for our planned activities to be carried out exactly as planned or as set out in the route. This is one of the risks of taking part in an activity holiday and unfortunately, we often have no control over this, especially when taking weather considerations into account. Of course, we will attempt, within the realms of health and safety, to carry out the activities as scheduled and to plan but there is always a degree of flexibility as regards itineraries when travelling with us as port destination changes or other minor changes may occur (see definition in clause 13).
4.3 A minor change is defined as any change which we can reasonably be expected to know as an operator would not have a significant effect on your confirmed trip. If an excursion, particular location or activity on an itinerary is of particular importance to you please let us know at the time of booking and we will be happy to discuss this issue with you in more detail. The skipper of the boats we use and the tour leader retain the right to deviate from or change any particular itinerary where they believe it necessary to so, for example in the interests of the health and safety of passengers as a result of adverse weather conditions or port authority orders.
4.4. We are sometimes forced to make a “major change”. A major change is a change made before departure which we can reasonably be expected to know as an operator will have a significant effect on your trip. “Major changes” can include the following:
(a) a change of accommodation to that of a lower official classification or standard for the whole or a major part of the time you are away
(b) a significant change of itinerary which would result in missing out on one or more key destinations
Where a major change is made prior to departure, we will inform you as soon as we can and you will have the choice of either: accepting another tour of equivalent or closely similar standard; or a choice of specified travel arrangements of a lower standard to those previously booked together with a refund of the price difference; or cancelling the tour and obtaining a full refund. These options are not available where any change made is minor.
If we have to make a major change, we will pay you the compensation payments set out in the table below depending on the circumstances. Compensation will only be paid out provided that the major change, prior to departure, is NOT due to “Force Majeure” (see clause 5 below). No compensation will be paid if we cancel as a result of your failure to comply with any requirement of these booking conditions (such as paying on time) or if we make a minor change.
Days before trip commencement Compensation per passenger
Over 42 days Zero
42-29 days £15
28-14 days £25
13-7 days £35
6-0 days £50
5. Force Majeure
5.1. We regret we cannot accept liability or pay any compensation where the performance of our contractual obligations is prevented or affected by a major incident. A major incident being any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riots, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, flight cancellation, fire and all similar events outside our control.
6.1. You must take out comprehensive travel insurance before you travel. We consider such travel insurance to be absolutely essential and should cover for cancellation, medical and repatriation expenses, personal injury, death, loss of personal items, loss/theft of money and personal liability insurance. Evidence of such travel insurance must be produced, upon request, to your tour leader or skipper. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for all activities you are going to be participating in on our holidays.
7. Our Liability to You
7.1 The tours operated or supplied by the Agent have been designed to provide passengers with an exposure to the nature of the environment visited and therefore involve an element of risk and exposure to potential hazards. All bookings are accepted on the understanding that the Client appreciates such risks and hazards and they undertake all tours at their own volition.
7.2. If you participate in an activity not included as part of a trip operated by us (such as an locally-run optional excursion), you accept all responsibility for taking part in such an activity and also that we are indemnified against any and all claims related to such activities.
7.3. Where a passenger suffers death, personal injury or any other loss whatsoever as a result of an activity forming part of the tour arrangements booked with us, then we shall only accept responsibility if the death, personal injury or loss was caused by the negligent acts and/or omissions of our employees, officers, agents or suppliers. We shall not be liable for such death, personal injury or any other loss suffered whatsoever if there has been no fault on the part of ourselves or our partners, or if the cause was the fault of the passenger or due to the actions of someone unconnected with the trip arrangements or due to circumstances which neither the Total Brand nor its partners could have reasonably anticipated or avoided.
7.4 All vessels used by us in Croatia are fully insured and have accident insurance for passengers. As such, you accept that for any claims relating to accidents while on-board their vessels need to be addressed directly with the captains/owners or the charter agent we are using, and we are indemnified against any and all claims related to such accidents incurred on such boats in Croatia.
7.5. The services we have agreed to provide or arrange as part of our contract – and the laws and regulations of the country in which your claim or complaint occurred – will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to a claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holidaymaker to refuse to take the travel arrangements in question. However, we do not make any representation or commitment that all services will comply with applicable local laws and regulations and failure to comply does not automatically mean we have not exercised reasonable skill and care. It is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
7.6 Where any claim (including those involving death or personal injury) concerns any travel arrangements forming part of your contract with us (including the process of getting on or off the transport concerned) provided by any air, sea, rail or road carrier or any stay in accommodation, the maximum amount of compensation we would have to pay you would be limited. The most we would have to pay you for that claim if we were found liable to you on any basis is the most the carrier or hotel keeper concerned would have to pay under the international convention or regulation which applies to the travel arrangements in question. These conventions include but are not limited to:
In respect of carriage by sea: the Athens Convention 1974
In respect of carriage by road: the Geneva Convention 1973
8. Accommodation and Activity Information
8,1 Your accommodation is for the agreed time that you have booked.
If you have booked a package that includes Kitesurfing lessons, then the accommodation is for arrival the night before the lessons, until the night before the final day of lessons.
If you have booked a Sailing cruise then your accommodation is from Saturday evening to ( but not including) Friday evening.
8.2Arrival time is after 2 pm at the accommodation, and 6 pm for our yacht cruises. Please state your arrival and departure details on the Booking Form, including flight numbers and times.
8.3 You must vacate the accommodation by 10 am, unless on a yacht in which case, you must vacate on arrival back at the marina ( Split or Dubrovnik).
If you are not on a Sailing Cruise and would like to leave your luggage at the property on the final day you must seek agreement from the on-site host as to a suitable place for left luggage.
8.4 All breakages or damage must be paid for at the replacement value of the item. (Please notify us if you have broken anything as soon as possible so that we may replace it in good time.)
8.5 We offer no responsibility for loss, damage or stolen goods from the property. It is important that all guests take relevant travel insurance before their holiday, and keep their important documents in a safe location at all times.
8.6 We reserve the right to gain access to all areas of the accommodation at any time for all reasonable purposes.
9. Behaviour and Consideration of Others
9.1. When you book a trip with us, you agree that you must comply with the rules and regulations applicable to the vessel you will be travelling on, and the accommodation you are staying in. You accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be paid direct at the time to the owner, captain, manager or charter agency.
9.2 We expect all passengers to have consideration for other people. If, in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the travel arrangements of the person(s) concerned. In this situation, the person(s) involved will be required to leave the vessel or other services concerned. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
9.3 It is prohibited to burn candles or other naked flames in the accommodation.
9.4 It is prohibited to smoke or take any illegal substance inside the accommodation.
9.5 Please have fun, but be aware that noise carries and we ask you to be respectful to others and keep the noise to a minimum when socialising in the vicinity, particularly between the hours of midnight and 7 am.
10.1 In the event of any dissatisfaction with any service provided by us, you must report it immediately to our local representatives so that action can be taken to remedy the problem. Failure to notify a local representative of any problem immediately may result in your ability to claim compensation from us being extinguished or reduced. If a local representative is not immediately available then you should email or call us on the contacts provided on the pre-departure documents.
10.2. Any complaint made to us following the conclusion of the trip should be made in writing within 28 days of completion of the trip. In the event that you do not notify us in writing within 28 days, our ability to investigate the complaint may be prejudiced and any right to claim any compensation you may have otherwise been entitled to may be adversely affected or even lost as a result. Where we act as an agent for services, then the complaint will be passed onto the supplier and disputes will need to be taken up directly with them.
10.3 The decision of Total Activity, Total Kite and Total Sail owners is final and binding in all matters at all times.
11.Conditions of Suppliers
11.1 Many of the services which make up your travel arrangements are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.
12. Special requests and medical problems
12.1. If you have any special request, you must advise us in writing at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met unless we have specifically confirmed this. Failure to meet any special request will not be a breach of contract on our part.
12.2 If you have a medical condition or disability which may affect your trip, we ask that you inform us in writing at the time of booking the trip of any special arrangements required by you so that we are able to advise as to the suitability of those arrangements. If we reasonably feel we are unable to satisfactorily accommodate your particular needs, we reserve the right to decline the booking or ask for you to be accompanied by a person who is able to provide full assistance to you throughout your trip.
13. Excursions and Optional Activities
13.1 During or before your trip you may be offered the chance to purchase various optional excursions and activities. We do not own, operate or control any of the companies or individuals which provide such optional activities or excursions. Some o activities and excursions, such as Kitesurfing, are inherently risky. If you wish to take part in such optional activities or excursions you must be fit enough to do so and follow all reasonable instruction and take out insurance that covers them. The standards of health and safety which will be adopted by the company or the individual providing the optional activity or excursion will be those of the country where the optional activity or excursion takes place. Please note that these standards may not be the same as you would find in the UK, or in your home country. If you wish to book any optional excursion or activity, you may do so subject to the excursion operator’s terms and conditions. Your contract will be with the operator of the activity or excursion and will be governed by local law. The Total brand acts only as their agent. The Total Brand accepts no liability for any act or omission of any operator, its employees, agents or sub-contractors.
13.2 If you have booked lessons/ activities or excursions then you are responsible for being available at the pickup point to attend, and for attending with the correct attire. Total Kite, Total Activity and Total Sail accept no responsibility for failure to attend and will not refund due to failure to attend or inability to carry out the activity for whatever reason.
14. Travel Documents
14.1 Please ensure you carefully read your invoice and all other pre-departure documents we send to you as soon as you receive them and contact us immediately if any information appears to be incorrect. We will not accept any liability if you fail to notify us of any inaccuracy in any document within 14 days of us sending them to you or your agent. While we will do our best to rectify any changes made outside this time, it is your responsibility to meet any additional costs which may be involved, except in the case of an error made by The Agent and where there is a reasonable justification for you not contacting us within the specified time. You are responsible for ensuring that all necessary travel documents including, but not limited to, passports, visas and vaccination certificates are valid and subsisting. We strongly recommend that you verify current documentation requirements and all other relevant protocols and procedures associated with your trip. Please note requirements change and you must check with your Consulate for the most up to date information. Passports must have an expiry date of at least six months after completion of the trip
14.2. It is the party leader’s responsibility to ensure that all members of the party are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you or any member of your party are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. If failure to have any necessary travel or other documents results to fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
15. Brochure, Website and Prices
15.1 The owners reserve the right to amend the website detailing the accommodation facilities, packages, routes and prices in order to accommodate any unplanned alterations. It is sometimes unfortunately necessary to make alterations to websites and other details both before and after bookings have been confirmed. These changes are likely to be minor, rarely will it be necessary to make a significant change. It is important that you check all of the details that we send to you carefully as regrettably errors do occasionally occur.
16. Safety Standards and Requirements
16.1 It is the requirements and standards of the country in which any services which make up your travel arrangements are provided which apply to those services and not those of the UK. As a general rule, these requirements and standards may not be the same as the UK and could be lower.
17.1. In order to process your booking, we need to collect certain personal details from you. These details will usually include the names of party members, and special requirements such as those relating to any dietary, disability or medical condition that may affect the holiday arrangements. We take full responsibility for ensuring that proper security measures are in place to protect your information. We do not store credit card details nor do we share such customer details with any 3rd parties.
We must pass some information (names, passport numbers) to the relevant suppliers of your travel arrangements (hotels, transport companies etc.) in order for them to prepare the arrangements as appropriate. The information may also be provided to public authorities such as customs/immigration if required by them, or as required by law.
Except where expressly permitted by the Data Protection Act 1998, we will only deal with the personal details you give to us as set out above unless you agree otherwise. We may make contact with you or members of your holiday party by post, e-mail, or telephone for the purposes set out. We will also use your information to inform you of our offers in the future. If you do not wish to receive such approaches in the future then please let us know as soon as possible by telephone, letter or e-mail us at email@example.com. If we do contact you by e-mail about our new brochures, updated website or special offers, you will also be able to unsubscribe yourself from our database at this time.
When the passenger submits the review form they accept that the feedback and all rights therein, become the sole property of the agent shall have the right to make it available to the public on this website and for any purpose and in any media (including for advertising or other commercial use).
18.1 As referred to in the opening paragraphs of these Conditions, a binding contract comes into effect between the Agent and the passengers on the confirmation invoice once the aforementioned invoice has been dispatched to the lead passenger. All such contracts are governed by English Law should any dispute between us not be otherwise amicably settled