Sessions and Sail – Terms and Conditions

 

These Terms and Conditions apply to all voyages sold as Sessions and Sail.
Your contract is with Nisbet Marine Services Limited, a company registered in Scotland (Company No. SC462159), registered office: Lingarth, Cullivoe, Yell, Shetland ZE2 9DD.

By making a booking, you agree to these Terms and Conditions.
You also agree to abide by our Code of Conduct and to engage with the trip in a manner consistent with our Safeguarding Policy, both of which form part of this contract.

 

A. Booking and Payment

 

Reservations

Most bookings are made through our online platform (currently Wetravel). When you complete a booking on the platform and pay your deposit or full balance (as applicable), your place is reserved on the basis of these Terms and Conditions. A contract comes into existence when you receive the automated booking confirmation from the platform and we accept your booking.

We may also accept bookings made directly with us by email or telephone. In these cases, your place is reserved when we confirm availability and receive your deposit or full balance (as applicable). A contract comes into existence when we send written confirmation of your booking by email.

Please check your booking confirmation (whether issued via Wetravel or directly by us) as soon as you receive it. If anything appears incorrect, you must notify us within 10 days. We will do our best to correct errors notified after this period, but you will be responsible for any associated costs.

We reserve the right to decline a booking at our discretion. If we do so, any payment you have made will be refunded in full.

Prices and Payment

We may alter prices before confirming your booking. After that point, price changes will only occur in accordance with these Terms and Conditions.

Prices and payment schedules are set out on our booking platform (currently Wetravel). Most trips are paid in a deposit plus two instalments. By booking, you agree to the payment schedule shown at the time of purchase.

Each instalment must be paid by the due date. If an instalment is missed, we will contact you and give you a reasonable opportunity to bring the payment up to date. If payment is still not received, we may cancel your booking.

If we cancel your booking due to non‑payment, we will retain only the amount If we cancel your booking due to non‑payment, we will retain:

  • the deposit, and
  • any additional amount necessary to cover the costs and losses we have incurred up to that point.

Any remaining balance you have paid will be refunded.

Payments may be made by bank transfer, cheque, or by card via Stripe (a small fee applies to Stripe payments).

 

Joining Instructions

We will send joining instructions by email a few weeks before departure. These provide practical details for your voyage and should be read alongside these Terms and Conditions.


If you have not received them 21 days before the trip, please contact us.

 

 

B. Changes and Cancellation by Us

If We Cancel Your Trip

If we must cancel your trip, we will notify you as soon as possible.
We will not cancel within 30 days of the start date unless:

  • circumstances beyond our control apply (see Section H1), or
  • you have failed to pay sums due.

If we cancel, you will receive a full refund unless Section H1 applies.

 

C. Changes and Cancellation by You

If You Cancel

If you wish to cancel all or part of your booking, you must notify us in writing.
Cancellation charges will apply based on the costs and losses incurred if we cannot resell your place.

Transferring Your Booking

You may request to transfer your booking to another person. Any transfer must be agreed with Sessions and Sail in advance so we can ensure the replacement participant is suitable for the trip and fits within our cabin‑sharing and gender‑based accommodation arrangements, and supplies the necessary Participant Info.

 

D. Limitation of Liability

What We Are Not Liable For

We are not liable for failures in the performance of the contract where the cause is:

  • you
  • a third party unconnected with the trip and unforeseeable or unavoidable
  • unusual or unforeseeable circumstances beyond our control, even with all due care

Our Liability Cap

Except in cases involving death or personal injury, our liability is limited to twice the cost of your trip.

 

Assistance in Case of Illness or Injury

If you suffer illness, injury or death due to a third party unconnected with us, or due to circumstances beyond our control, we will offer reasonable assistance.

 

International Conventions

Our liability is limited in accordance with:

  • the contractual terms of transport, accommodation or service providers
  • any applicable international conventions

 

Excursions

Excursions or tours booked locally are not part of your contract with us.

 

Personal Effects/Musical Instruments

We are not responsible for damage to personal effects, including musical instruments.
We strongly recommend appropriate insurance.

 

Statutory Rights

Nothing in these Terms affects your statutory rights.

 

E. Participant Responsibilities

Special Requests

We will do our best to accommodate special requests but cannot guarantee them.
Requests must be made at the time of booking and confirmed by us in writing if essential.

 

Documentation

You, the participant, are responsible for ensuring all travellers meet passport, visa, insurance and health requirements.
You must ensure all information you provide is accurate.

 

Health and Fitness

A reasonable level of physical fitness is required.
We may prevent participation in any activity, or the entire trip, if we reasonably believe you are not fit to take part.

You must inform us of any medical or physical conditions at the time of booking.
Failure to disclose relevant information may result in cancellation, with charges applying.

We require details of your travel insurance, medical conditions, medication and allergies at least 10 weeks before the trip (or at booking if the trip start is closer than 10 weeks away).

 

Insurance

Travel insurance for all participants is a requirement of our own insurer.
You must provide evidence of insurance on the first day of the trip.
Failure to do so may result in cancellation with full charges applying.

Instrument insurance is strongly recommended.

 

Behaviour

All participants are expected to behave respectfully and responsibly.

By booking, you agree to abide by the Sessions and Sail Code of Conduct and to engage with the trip in a manner consistent with our Safeguarding Policy. These documents form part of these Terms and Conditions.

We may refuse to accept you as a customer, or may terminate your participation, if your behaviour is disruptive, unsafe, or likely to cause distress or risk to yourself or others.
In such cases, no refund or compensation will be provided, and we will have no further responsibility for you.

You must follow all reasonable instructions given by the Captain, crew, tutors or any person supervising activities.

 

Getting to the Start Point

You are responsible for arriving at the start point of the voyage at the correct time.

 

F. Financial Protection

The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under The Package Travel and Linked Travel Arrangements Regulations 2018 for Nisbet Marine Services/Sessions and Sail, Member number 5533, and in the event of their insolvency, protection is provided for:

•            Non-flight packages

ABTOT cover provides for a refund in the event you have not yet travelled or repatriation if transportation was included in your package.  Please note that bookings made outside the UK are only protected by ABTOT when purchased directly with Nisbet Marine Services/Sessions and Sail. 

In the unlikely event that you require assistance whilst abroad due to our financial failure, please call our 24/7 helpline on 01702 811397 and advise you are a customer of an ABTOT protected travel company.

You can access The Package Travel and Linked Travel Arrangements Regulations 2018 here:  https://www.legislation.gov.uk/uksi/2018/634/contents/made 

You can find out more about ABTOT here: https://www.abtot.com/  

 

G. If You Have a Complaint

If something is not right during your trip, please tell the Captain or a member of the Sessions and Sail team as soon as possible so we can try to resolve it.
If you are not satisfied with the outcome, you may contact us in writing within 28 days of the end of your voyage and we will review your complaint

 

H. Other Important Information

Circumstances Beyond Our Control

We are not liable for cancellations or changes caused by circumstances beyond our control, including severe weather, marine conditions, pollution, technical failures, war, civil unrest, industrial action, natural disasters, epidemics or terrorism.

 

Data Protection

We handle personal information in line with UK data protection law and are registered with the Information Commissioner’s Office (ICO). We use your data only for managing your booking and delivering your voyage, and we do not share it with third parties except where required to operate the trip (for example, with the vessel operator). Further details are set out in our Privacy Notice.

 

Photography and Comments

We may take photographs during the voyage and may use them for marketing unless you ask us not to.
If you provide photographs or comments, we may also use these unless you request otherwise.

 

Jurisdiction and Governing Law

Your contract is governed by Scots law.
Any disputes must be brought in the Scottish courts unless you live in England, Wales or Northern Ireland, in which case you may use the courts of your home country.

Communication

Most communication will be by email, and it is your responsibility to ensure you receive and retain all correspondence.


We usually set up a WhatsApp group before each voyage to help participants communicate with one another. Joining is entirely optional; the link is sent by email, and no official voyage paperwork will be issued through WhatsApp.

 

Download: /files/1394091/Sessions and Sail Terms and Conditions