1. STANDARD TERMS AND CONDITIONS

The following standard terms and conditions («Terms and Conditions») apply for fjord cruises (day trips) and sailing voyages (over several days, including over-night stays) aboard the ship Statsraad Lehmkuhl (The “Ship”) owned and run by The Foundation Sailing Ship Statsraad Lehmkuhl (The “Foundation“).

These Terms and Conditions also apply for voyage crew who commenced their sailing voyage abroad, but the Terms and Conditions only apply for the duration of the stay aboard the Ship.

2. GENERAL INFORMATION

2.1. Introduction

The terms and conditions of subsection 2 apply for both fjord cruises and sailing voyages.

2.2 Payment

Fjord trips: The ticket for fjord trips is paid in full at the time of booking. Sailing voyages: The full amount is paid at the time of booking. For charter, a deposit is paid upon agreement. The remaining balance is paid at a later time, according to the agreement. These Terms and Conditions are confirmed upon payment.

2.3 Cancellation

Tickets for day cruises are non-refundable. There are no reimbursements for expenses related to extra products or services such as “accommodation before or after voyage”, “special diet”, “food alternatives” or “handbook”.

For sailing voyages, see separate cancellation rules in Section 2.2 and 2.3.

2.4 Cancellation in Case of Force Majeure

In the case where, prior to a fjord cruise or sailing voyage, an extraordinary situation beyond the control of the Foundation, categorised under Norwegian law as force majeure, occurs, making it impossible for the Foundation to complete their obligation under these Terms and Conditions, the traveller is to be informed as soon as possible. In such events, the Foundation may choose to suspend or terminate fjord cruises and sailing voyages.

If a fjord cruise or sailing voyage is suspended in accordance with this provision, the Foundation shall arrange for the cruise or voyage to be held within reasonable time after the extraordinary situation has passed. The Foundation shall inform the ticket holder of the new date/period for the cruise or voyage as soon as the date/period is set.

If a fjord cruise or sailing voyage is cancelled due to a case of force majeure, the ticket holder is entitled to a full refund of the fjord cruise or sailing voyage, provided that the said fjord cruise or sailing voyage had not yet commenced.

Force majeure includes, but is not limited to, natural disasters, war, lockout, blockades, widespread disease, and strikes. Any damage to the Ship or machine as a consequence of the situations mentioned above is included.

If the fjord cruise or sailing voyage had commenced, no refunds are offered.

The Foundation is not liable for any additional costs caused by the cancellation, including but the ticket holder’s additional travel expenses that are to be covered by the ticket holder’s individual travel insurance.

2.5 Cancellation due to Non-Fulfilment of Minimum Number of Passengers

The Foundation reserves the right to cancel fjord cruises or sailing voyages if they do not obtain the minimum number of 40 attendants.

2.5.1 Especially for Sailing Voyage

Should the minimum number of attendants not be obtained, the costumer will be contacted a minimum of 4 weeks prior to the sailing voyage. In these cases, the costumer is offered the choice between full cash refund and the possibility of attending another sailing voyage.

2.5.2 Especially for Fjord Cruise

Should the minimum number of attendants not be obtained, the costumer will be contacted a minimum of 7 days prior to the fjord cruise. In these cases, the costumer is offered the choice between attending another fjord cruise (if the fjord cruise had not commenced) and a full refund.

2.6 Changes in Departure or Arrival Time

The Foundation reserves the right to make changes in departure and arrival times on short notice if necessary.

If the sailing voyage or fjord cruise has commenced, the customer has no right to reimbursements of any possible additional costs due to changes in arrival time. The Foundation is obligated to inform about any changes as soon as they are known.

2.7 Personal Data

The Foundation collects personal data in the booking process of fjord/day cruises or sailing voyages. The personal data is treated confidentially by the Foundation, and personal information is only shared if demanded by public authorities in accordance with Norwegian law. Personal data is deleted after 12 months.

The Foundation reserves the right to publish photographs of the trainees aboard the Ship for marketing purposes. The trainees can be exempted from photographing if the Foundation is provided with a written notice prior to the trainee’s attendance at the fjord cruise or sailing voyage.

2.8 Complaints

Should attendants wish to file a complaint for a fjord cruise or a sailing voyage, the complaint is to be sent to the Foundation within 4 weeks of the trip’s end. The complaint is to be sent via e-mail or mail to the Foundation, see contact information in Section 1.9.

2.9 Contact

The Foundation Sailing Ship Statsraad Lehmkuhl
Address: Bradbenken 2, Skur 7
5003 Bergen, Norway
E-mail: lehmkuhl@lehmkuhl.no
Phone: 0047 55 30 17 00

2.10 Settlement of Dispute

These Terms and Conditions are subject to, and should be interpreted in accordance with, Norwegian law. Any dispute over these Terms and Conditions are to be settled by the ordinary court of law with Bergen District Court as legal venue.

3. CONDITIONS FOR  SAILING VOYAGE

3.1 Introduction

The terms and conditions of subsection 3 apply especially for sailing voyages. For sailing voyages lasting more than 10 days and/or involving sailing through remote areas, please also refer to the terms in section 4.

3.2 Cancellation and changes subject to a fee

The traveller may cancel the sailing voyage up to 90 days before the voyage starts, subject to a cancellation fee of 20% of the purchase price. The cancellation must be submitted in writing.

If there are fewer than 90 days until the sailing voyage starts, the cancellation fee shall correspond to the full price of the voyage, less any cost savings made by the Foundation as a result of the cancellation. The same applies if the booking is made less than 90 days before the start of the voyage.

The traveller may transfer the ticket to another person who meets the personal requirements set out in these Terms and Conditions, subject to a change fee of NOK 1,000. In such cases, the Foundation must receive written notice of the transfer no later than 7 days before the sailing voyage starts.

3.3 Cancellation of a Sailing Voyage Without a Fee

The traveller has the right to cancel the sailing voyage before it starts without paying a cancellation fee if unavoidable and extraordinary circumstances occur at the destination or in its immediate vicinity which significantly affect the performance of the sailing voyage or the transport of persons to the destination.

Unavoidable and extraordinary circumstances are circumstances beyond the traveller’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples may include war, serious security problems, outbreaks of serious disease at the destination, or natural disasters.

Personal circumstances affecting the traveller, such as illness, pregnancy, illness or death of a close relative, or other private circumstances, do not in themselves entitle the traveller to cancel without a fee under this section. Such circumstances are subject to the ordinary cancellation terms set out in section 3.2 and must, where applicable, be covered by the traveller’s own travel insurance.

In the event of cancellation under this section, the traveller is entitled to a refund of the amounts paid for the sailing voyage but is not entitled to any additional compensation from the Foundation.

3.4 Ticket Price Review

The Foundation reserves the right to change the price of a sailing voyage, provided that the change is caused directly by, and reflects:

1. changes in the general price level on fuel or other relevant sources of energy,
2. changes in the general taxation load for travel services, or
3. relevant exchange rate changes/movements

The Foundation shall inform the ticket holder of any increase in the price of the sailing voyage without any undue delay, and at the latest 20 days prior to the start of the sailing voyage. Such notice shall include the Foundation’s reasons for, and assessment of, the increase.

3.5 Age Requirementsfor Sailing Voyage

The minimum age for participation in the Foundation’s sailing voyages is 12 years. Travellers between the ages of 12 and 15 must participate together with a parent or guardian. Travellers who have reached the age of 15 may participate without a parent or guardian, unless otherwise specified for the relevant sailing voyage.

For certain sailing voyages, such as the Tall Ships Races and voyages undertaken as part of the One Ocean Expedition, a higher minimum age and/or a higher age requirement for participation without a parent or guardian may apply. The applicable age requirements for each sailing voyage are specified in the information for that voyage on the Foundation’s website. The traveller must meet the applicable age requirements at the time of departure.

There is no upper age limit for participation. However, the traveller must be in sufficient physical condition to participate in sea watches and other aspects of life on board.

Travellers over the age of 70 must, prior to departure, provide a signed medical certificate confirming that they are in good health and physically able to undertake the sailing voyage. The Foundation will provide the traveller with the required medical certificate form and information about the physical conditions on board.

The voyage crew sleep in hammocks aboard the Ship. The journey is not fully suited for persons with functional impairments.

Contact the Foundation should you have any questions concerning health requirements.

3.6 Travel Insurance

All travellers are required to have valid travel insurance that covers the voyage.

The travel insurance must be valid for the full duration of the journey aboard the Ship. The undersigned is aware that attending the voyage as a trainee may involve risk and that personal injury may occur. The Foundation is insured against accidents, and this insurance cover all the trainees.

The Foundation is not financially responsible for any delays that may occur, or any additional travel costs.

During the Covid-19 pandemic, different countries have different insurance requirements. It is each traveler’s responsibility to make sure that the insurance covers these requirements. At the same time, the Foundation has a responsibility to inform about the requirements of the various countries.

3.7 Passort, Visa and permission to participate

All travellers are required to carry a valid passport on all our voyages. This concerns all citizens, regardless of citizenship.

Trainees are responsible for bringing visas should the sailing voyage demand it. Voyage crew are obligated to be informed about any visa requirements for the sailing voyage. At the same time, the Foundation is responsible for contributing with necessary and relevant information to the voyage crew.

Voyage crew under the age of 18 need to provide a written confirmation from parents or guardians that they have permission to attend the sailing voyage. Failure to provide such confirmed permission could result in denied attendance.

During the Covid-19 pandemic, countries may change their documentation requirements upon entry, sometimes at short notice. It is each individual’s own responsibility to ensure that the requirements from the various countries’ authorities for documentation are complied with. The foundation shall strive to keep the customer informed of regulations and changes on this point.

3.8 Illness and Medication

For security purposes, any relevant medical information concerning illness or medication is to be provided at least 1 month prior to departure. The Captain and the management of the Ship reserve the right to send persons ashore if their medical condition may concern any risk for themselves or the members or the crew/other trainees.  In such cases, no reimbursements are offered unless the relevant medical information has been provided in written form upon registration.

If travellers have serious or deadly allergies, have been hospitalised due to a severe allergic reaction, or require an EpiPen, attending a sailing voyage could be an irresponsible risk.

Contact the Foundation for clarification before booking your tickets.

3.9 Meals

All meals aboard the Ship are included in the price. Any vegetarian/vegan diet must be specified upon booking the sailing voyage and will come at an additional cost.

The same goes for any dietary requirements due to food allergies. Such requirements may also come at an additional cost.

3.10 Travel to and from the Ship

The travel to and from the Ship is not included in the price and must be arranged privately. Check‑in closes 1 hour prior to departure.

3.11 International Ship and Port Facility Security Code

International Ship and Port Facility Security Code (“ISPS”) requires the crew to carry out random checks of the voyage crew’s and visitors’ personal belongings and luggage.

Visitors who are not voyage crew are welcome by invitation from the Foundation at the visitors’ own risk. The Foundation has no liability for any damages in connection with such a visit aboard.

3.12 Limitation of Liability

The Foundation emphasise that voyage crew who go ashore at the different destinations on the sailing voyage, are going ashore at their own risk. The Foundation is not responsible for the voyage crew when the voyage crew is not on board the Ship.

4. LENGTHY SEA VOYAGES AND SAILING IN REMOTE AREAS – SPECIAL CONSIDERATIONS

4.1 Introduction

The terms and conditions of subsection 4 apply especially for voyages lasting more than 10 days and/or sailing through sparsely inhabited areas.

4.2 Travel insurance

Verify that your travel insurance covers you for the whole length of the voyage, including travelling to and from the ship. Medical services in- and repatriation from remote areas may be very costly. Verify that the scope of your travel insurance is wide enough and with sufficient cover limits to include such claims, costs and expenses.

4.3 Critical medical needs and medical evacuation

Although the ship has a medical doctor and a well-equipped hospital onboard, there will be limited possibilities to treat many acute or critical illnesses or injuries. Medical evacuation to proper hospitals will be difficult and, in any event, take a long time. You therefore assume an increased medical risk when choosing to join a voyage through remote areas, and you must consider in advance of embarkation whether this risk is acceptable to you.

4.4 Disembarkation and repatriation

During voyages in remote areas, there will be very limited possibilities to disembark the vessel and travel home. Deviating the ship may be impossible and will always be at the discretion of the Captain, who will prioritise the safety and security of the ship and the rest of the crew and voyage crew members. This means that you may have to stay on board until the ship reaches her destination, even if you suffer from psychological hardship or if you have relatives who die or become seriously ill during your voyage.

4.5 Psychological strain

Sailing through remote areas will affect people to varying degrees. As a voyage crew member, you will have very limited possibilities to communicate with friends and family for a lengthy period of time. You may experience long stretches of poor weather, including waves, swell and fog. This may have implications for you such as seasickness and feelings of monotony, as well as reduced comfort and quality of sleep. You will have to get by living and sleeping very close to your fellow sailors and to work with them, even during times when the mood level is low. For most voyage crew members, the positive experiences of joining a lengthy sea voyage on Statsraad Lehmkuhl outweigh the negatives, but you must nevertheless consider the potential psychological effects sailing through remote areas may have on you, in advance of embarkation.

4.6 Requirement for seafarer’s medical certificate on certain voyages

For certain voyages, a valid seafarer’s medical certificate issued by an approved seafarer’s doctor will be required. This requirement applies only to specific voyages and will be clearly communicated in advance for each relevant voyage. The seafarer’s medical certificate must be presented upon embarkation at the departure port. Participants who cannot provide the certificate risk being denied boarding. In such cases, Statsraad Lehmkuhl will not be responsible for any expenses related to return travel or other personal costs.

The requirement for a seafarer’s medical certificate is implemented on selected voyages due to longer sailings in challenging waters, limited search and rescue (SAR) options in the area, and restricted medical resources on land. This requirement has been established in consultation with our insurers and ship doctors to ensure a safe and comfortable voyage for everyone on board. Read more about the seafarer’s medical certificate here.

4.7 Acknowledgment and waiver of liability
By accepting the travel terms, you confirm that you have read, understood, and accepted the conditions outlined in this section, and that you waive any claims against the ship and the foundation for the consequences of the increased risks involved in sailing through remote areas.

Do you have any questions? Contact us: lehmkuhl@lehmkuhl.no / +47 55 30 17 00 (10:00-14:00)

Updated 05.11.2024

Photo: Malin Kvamme