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

Tickets for fjord cruises and sailing voyages are to be paid in their entirety upon booking.

Forslag til endring:

Tickets for day cruises are paid in full when booking.

For sailing voyages without a deposit, the full amount is paid when booking. For sailing voyages with a deposit, the deposit is paid when booking. The date for the remaining payment is stated in the ticket.

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.

3.2 Change and Cancellation Fee

Tickets for a sailing voyage can be cancelled for a fee amounting to 20% of the purchase price up to 90 days prior to the sailing voyage. The ticket holder shall notify the Foundation of such cancellation in writing. If the tickets are cancelled less than 90 days prior to the sailing voyage, the cancellation fee will amount to 100 % of the purchase price, with deduct ion for any savings the Foundation makes due to the cancellation. The latter also applies if the tickets were bought less than 90 days prior to the start of the sailing voyage.

Travellers can rebook the voyage to another person who fulfils all the personal requirements of these Terms and Conditions. The Foundation is to be noted a minimum of 7 days prior to departure, and an alteration fee of NOK 1000,- will be charged.

3.3 Cancellation of a Sailing Voyage Without a Fee

The ticket holder has the right to cancel a sailing voyage which has not yet started, without paying a cancellation fee, if extraordinary and inevitable circumstances, which could not have been foreseen at the time of the purchase, have an immediate proximity to the sailing route in a way which affects the the Sailing Voyage considerably.

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 Limit for Sailing Voyage

All attending must be 12 years of age by the time of departure. For attendance without parents or guardians, the traveller must be 15 years of age. For regatta attendance, all travellers must be 15 years of age.

Note that there may be exemptions from the age limit for some of the voyages, for example in connection with The One Ocean Expedition.

This will be notified on the webpage for the specific voyage.

There is a zero-tolerance alcohol policy aboard the Ship during the voyage and below deck when the Ship is in port. Permission to consume alcohol on deck when in port can be given with permission from the captain. It is strictly forbidden to consume alcohol for anyone under the age of 18.

Anyone above the age of 70 must provide a medical rapport to confirm that they are in fit health to complete the sailing voyage. A form for the medical rapport is sent out by e-mail.

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.

Photo: Ingrid Wollberg