Terms & Conditions, Privacy, Security & Cancellation Policies
Please read these conditions carefully, as they form part of the contract between you and us for your holiday.
All holidays advertised in our brochures and on our website or sold to you through our agents, being either Flying Fish UK Limited or Flying Fish Australia PTY Limited or any other appointed agents, are operated by Calypso Expeditions PTY LTD (ACS 603 651 172) of Level 9, 28 O’Connell Street, Sydney, NSW, 2000.
Also please note that by asking us to confirm your booking, you accept the following terms and conditions.
We must also highlight that adequate and valid travel insurance is compulsory for all our guests and it is a condition of accepting your booking that you agree you will have obtained adequate and valid travel insurance for your booking by the date of departure.
Please also refer to our website at www.calypsoexpeditions.com for a full description of the holiday that you have booked; the particulars set out in the website form warranties of this contract only to the extent required by Reg. 6 of the Package Travel, Package Holidays and Package Tours Regulations 1992/3288 (‘Package Regulations’).
A. TERMS AND CONDITIONS
(1) Making a booking
1. To make a booking you can contact us in several ways:
1.1. Directly over the telephone.
1.2. Directly through website.
1.3. Indirectly through Flying Fish UK Limited or Flying Fish Australia PTY Limited or any other appointed agents.
2. The person making the booking is the Lead Name.
2.1. The Lead Name must be 18 years old or over and possess legal capacity and authority to make the booking and accepts the conditions on behalf of everyone in their party whether you book alone or as a group.
2.2. We will only deal with the Lead Name in all subsequent correspondence including changes, amendment and cancellations.
2.3. The Lead Name is responsible for ensuring the accuracy of the personal details or any other information supplied in respect of yourself and any other person travelling on the booking and for passing on any information regarding any changes made in relation to all persons travelling on such booking and passing on information regarding the booking or any changes in relation thereto, to all persons travelling on such a booking, including but not limited to the information on schedule changes or copies of booking confirmations.
3. By making a booking through any of the means described herein you confirm that you have read these conditions and accept that they form terms and conditions of the agreement between us.
4. Please carefully read your confirmation invoice, tickets and all other documents we send you as soon as you receive them. In this regard:
4.1. Contact us (or the appointed agent through whom you booked) immediately if any information appears to be incorrect or incomplete as it may not be possible to make changes later.
4.2. We regret we cannot accept any liability if we are not notified of any inaccuracy (by us) in any documents within 14 days of our sending it out (5 days for tickets).
4.3. We will do our best to rectify any inaccuracies notified outside these time limits.
4.4. However, you will be responsible for any costs and expenses involved in doing so except where we made the mistake and there is good reason why you did not contact us within the time limit.
5. Please note that any and all bookings are subject to availability.
6. You will need to pay a deposit to us at the time of booking of 30%. You may also be required to pay for any non-transferrable and non-refundable items.
7. We will then invoice you for the remainder of the cost due before you travel. Full payment less any deposit pre-paid must reach us not less than ten weeks prior to departure.
7.1. The Lead Name is liable for making full payments for all persons named on the booking (including anyone added or substituted at a later stage).
7.2. If payment is not received in full by the due date, we will issue a reminder to you.
7.3. If, within 7 days of our issuing the reminder, we have not received full payment, we are entitled to assume that you wish to cancel your booking and we will retain the deposit paid.
7.4. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown below depending on the date we treat your booking as cancelled.
7.5. All monies you pay to any of our appointed agents will be held by them on your behalf until a binding agreement between us comes into existence. After that point, the appointed agent will hold the monies on our behalf until they are paid to us.
7.6. All credit card transactions incur a handling fee which at the time of these Terms and Conditions to print is 2% of the payment value. This fee is not applicable to debit cards. If the card issuer increases its charge to us, we reserve the right to increase this handling fee.
8. If you book less than 10 weeks before departure, full payment (less any payment which must be paid locally) must be made on booking by credit or debit card. If you do not pay the balance by the due date your booking will be cancelled and you will forfeit your deposit plus any other relevant charges.
9. We may not be able to confirm some of our arrangements straightaway. In these instances we may issue a confirmation invoice, however, the contract for arrangements will only be made when we have sent you written confirmation that those additional arrangements have been finalised. If there is any change to any of the details discussed at the initial time of booking (before we issue the initial confirmation invoice), we will notify you of all of these changes including if there is any change to the price. If any of these changes are not acceptable then you will be entitled to cancel your booking and receive a full refund provided you notify us within seven days of receiving details all the changes.
10. Your personal safety is of paramount importance to us and therefore it is imperative that you advise us at the time of booking of any condition, medical or otherwise, that might affect your or other people’s enjoyment on the trip.
11. It is a condition of your booking that members of your party provide certain information that may be sent to governmental authorities and border control and security agencies for the purposes of security on counter terrorism. This is known as Advance Passenger Information, sometimes known as APIS. For the United Kingdom, it may be referred to as ‘E-Border’. The information you must provide would include, but not be limited to, Full name (as show in your passport or travel document), gender, date of birth, travel document type, number, country of issue and expiry date, on for travel to the U.S., your country of residence and the address hope your first night’s stay.
12. By making this booking you confirm that you and/or members of your party are capable and confident to sail in line with any and all applicable regulations and guidelines; including but not limited to any port authority regulations advised at point of sale.
(a) Bookings made by telephone or in person
13. A binding agreement between us comes into existence when:
13.1. We and / or the appointed agent through whom you have booked receives the appropriate payments in respect of your booking (if you choose to pay by credit or debit card you must have authorised us to deduct the appropriate payments from your card); and
13.2. We or the appointed agent through whom you have booked confirms the booking to you. A confirmation invoice will thereafter be dispatched to the Lead Name.
(b) Online bookings
14. There is a binding agreement between us and you when we have received all appropriate payments from you and we have e-mailed our confirmation invoice to you.
(2) Prices and surcharges
15. All prices advertises are accurate at the date of publish but we reserve the right to change any of those prices from time to time. In the unlikely event of an administrative error leading to an incorrect price being communicated to you, we reserve the right to correct it. All quotations are provisional until confirmed in writing on your booking confirmation.
16. Before you make a booking we will give you the up-to-date price on your chosen holiday including the cost of any supplements, upgrades or additional facilities which you have requested. We reserve the right to charge a supplement to non-standard/flexible departure date onto the quoted price.
17. The prices quoted on our website are based on the exchange rates published by the Financial Times on the date of the booking.
18. Offers are not combinable unless expressly stated and may be withdrawn at any time.
19. As to changes in price:
19.1. Changes in transportation costs, including without limitation the cost of fuel, dues, taxes or fees chargeable for services such as embarkation or disembarkation fees at ports on exchange rates mean that the price of your travel arrangements may change after you have booked.
19.2. There will be no change within 30 days on your departure.
19.3. We will absorb and you will not be charged for any increased equivalent to 2% of the price of your travel arrangements, excluding insurance premiums and any amendments charges. You will be charged for the amount over and above 2%, together with an amount to cover any commission earned by any appointed agent if you have booked through them.
20. In the event of price increases and resulting cancellation:
20.1. If, in light of the above, you have to pay an increase of more than 10% on the price of your travel arrangements, you may either accept a replacement holiday from us of an equivalent or similar standard (at the date of change) if we are able to offer you one or you may cancel your holiday booking and receive a full refund, except for any amendment charges.
20.2. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issued date printed on your final invoice. Any and all cancellations must be by way of the process outlined below.
21. As to refunds, if any change in our costs would cause a reduction in your holiday price, we will not make refunds of amounts less than 2% of the price of your travel arrangements, excluding any amendment charges, but we will refund any amounts exceeding 2%, after deducting an administration charge of £10.00 per person.
(3) Amendments/Cancellation by You
22. All amendments to bookings must be requested by the Lead Name by telephone or by e-mail to us or to the appointed agent through whom you have booked.
23. If we are able to accept the change we will charge an amendment fee of £35 per person per occasion a change is made.
24. Amendment(s) may result in the recalculation of the holiday price and the loss of previously applicable discounts and/or other special offers if the amendment means that the conditions applicable to the previous calculation or a discount or other offer are no longer met (for example, because the number travelling has fallen below the minimum required).
25. Further, in addition to the fee we charged, any alteration, whether a change to an existing booking for a change to another holiday or departure date will also be subject to payment by you of any costs imposed by way of the suppliers providing the component parts of the booking. If the holiday to which you transfer is more expensive than the one that you had originally, a further deposit will also be payable.
26. Where you are unable to travel you can transfer your booking to another person providing the following conditions are met:
26.1. You must notify us or the appointed agent through whom you have booked in writing at least 70 days before departure and give us authority to make the transfer; and
26.2. Your request is accompanied by all original travel documents which you have received and the full name and address of the person you wish to transfer your holiday booking (the ‘transferee’); and
26.3. We accept the transfer and the transferee fulfils any and all of the booking conditions that apply to the booking; and
26.4. The transferee confirms that they have their own suitable holiday insurance in place.
27. Both the transferor and transferee will be jointly and severally liable for payment on the holiday price and other associated expenses.
28. When the price per person is dependent on the number of people on the yacht and the number of people changes, the price will be amended to reflect the new party size.
28.1. Any increase in price payable is not a cancellation charge.
28.2. A separate cancellation charge will be levied in respect of bookings cancelled.
28.3. A new confirmation invoice will be issued as appropriate on which the consolation charge will be shown.
29. You, or any member of your party, may cancel your booking at any time provided that the cancellation is made by the Lead Name in writing. Notice of cancellation will be effective upon receipt by us or the appointed agent through whom you have booked of your written communication. Written confirmation from us of cancellation by you will be issued within 14 days of our receiving your written communication of your wish to cancel.
30. As we start to incur costs from the time the agreement is confirmed we will retain your deposit and in addition other cancellation charges as shown below. These charges are a percentage of the total cost of your booking. If you want to cancel one or more passengers on the booking you will have to pay a proportion of the applicable cancellation charge based on the number of passengers you wish to cancel from the booking.
Period before departure when written notice of cancellation is received by us Cancellation charge as % of total holiday cost excluding any amendment fees already paid to us
From 70 days (inclusive) Loss of deposit
56-69 days (inclusive) 30% total holiday cost
35-55 days (inclusive) 50% total holiday cost
22-35 days (inclusive) 70% total holiday cost
11-21 days (inclusive) 90% total holiday cost
0-10 days (inclusive) 100% total holiday cost
(4) Amendments/Cancellation by Us
32. Arrangements for holidays featured on our website are made many months in advance. Occasionally, we have to make changes to correct errors on our website or other details before and after bookings have been confirmed or cancel confirmed bookings. Whilst we always endeavour to avoid this, we must reserve the right to do so.
33. Most changes are minor. Occasionally we have to make a significant change. A significant change is a change made before departure which, taking account of the information which you gave us at the time of booking on which we can reasonably be expected to know as an operator, we can reasonably expect will have a major effect on your holiday. A minor change is any other change.
34. We reserve the right to cancel your booking or change any of the facilities, services or prices described on our website. We will endeavour to advise you of any changes as known at the time of booking.
35. The operation of some holidays are dependent on a minimum number of persons booking the holiday. If the number is not achieved, we reserve the right to cancel the holiday. However we will not cancel your booking less than four weeks before the scheduled departure date except for reasons of force majeure (as defined below), or a failure on your part to pay the final balance, or any other reason beyond our control.
36. If we are forced to cancel your holiday after departure we will, wherever possible, make suitable alternative arrangements. If we are unable to make such alternative arrangements, or you reject these for good reason, then we will return you to your point of departure and refund you for any unused services, if appropriate.
37. If we have to make a significant change or cancel, we will advise you as soon as we reasonably can and give you the choice of the following options if there is time to do so before departure:
37.1. Accept the change of arrangements; or
37.2. Purchase an alternative holiday from us, of a similar standard as originally booked if available (if the alternative we have offered you is less expensive, you will receive a refund or price reduction but if it is more expensive you will have to pay the increase); or
37.3. Cancelling or accepting the cancellation in which case you will receive a prompt refund of all monies paid to us.
38. If we have to make a significant change or cancel 70 days or less before departure, we will, if and when appropriate depending on the circumstances on when the significant change or cancellation is notified to you, as a minimum pay the compensation set out below.
Period before departure date when we notify you of a major change Compensation payable per person
Before balance due Nil
Between balance due date and 29 days (inclusive) before departure date £10.00
Between 28 days and 15 days (inclusive) before departure date £20.00
Between 14 days and 8 days (inclusive) before departure date £30.00
7 or less days before departure date £40.00
39. Payment of any compensation in the event of a significant change or cancellation is subject to the following general exceptions:
39.1. No compensation will be payable where we notify you of a change or cancellation more than 70 days prior to your scheduled departure.
39.2. No Compensation will be payable and no liability beyond offering the above mentioned choices can be accepted where we are forced to make a change or cancel as a result of unusual and/or unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care.
39.3. No compensation will be payable and the above mentioned options will not be available if we cancel as a result of your failure to comply with any requirement of these Booking Conditions entitling us to cancel (such as paying on time) or if the change made is a minor one.
40. We strongly recommend that you make no travel arrangements to your point of departure, make any connecting travel that is non-refundable or non-changeable or incur any costs in respect of visas and/or vaccinations until such time as your travel itinerary has been confirmed on your departure documents. If you make such arrangements and there is a change in your itinerary we shall not be liable to you for the cost of those arrangements.
41. Very rarely, we may be forced to change or terminate your holiday after departure but before the scheduled end of your time away as a result of force majeure (as defined below). In this very unusual situation, we regret that we cannot make any refunds (except where they are obtained from our suppliers) or pay any compensation or be responsible for any costs or expenses incurred by you as a result of this, after departure, we are not able to provide a significant proportion of the services we had agreed to provide as part of our contract with you, we will do our best to make suitable alternative arrangements in respect of those services. If we cannot do so or you refused to accept these for good reasons, we will arrange transport to the point our contracted services commenced as soon as we reasonably can.
(5) Force Majeure
42. A force majeure for the purposes of this agreement means that which way we or the supplier of the service(s) in question could not have, even with all due care, foreseen or avoid. Without prejudice to the generality of this definition this includes (whether actual or threatened) war, civil strife, riots, industrial dispute, terrorist activity, natural or nuclear disaster, acts of God, fire, flood, epidemic / pandemic illnesses, technical problems with transport, adverse weather conditions, volcanic eruption, hurricanes, airport, port or airspace closure, restriction or congestion, flight restrictions imposed by any regulatory authority or other third party or all similar events all outside our or the supplier’s control .
(6) Our Liability to You
43. Our obligations, and those of our employees, agents and suppliers providing any service or facility involved in any of your holiday, is to take reasonable skill and care in arranging for the provision of such services or facilities.
44. Please note that 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 if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to (for agents or suppliers).
45. Compliance with any applicable regulatory requirements will be proper performance of our, and our agents’ and suppliers’, obligations. Conversely, however, reasonable skill and care does not necessarily mean compliance with each and every local regulation.
46. We shall have no liability where the cause of the failure to provide, or failure in, your holiday or any death or personal injury you may suffer is not due to any fault on our part or that of our agents or suppliers, because it is either attributable to you, or attributable to someone unconnected with your holiday and is unforeseeable or unavoidable, or is attributable to our employees, agents and suppliers and their staff whilst acting outside scope of their employment, or is due to information, however obtained, from outside sources such as independent third party websites, or is due to unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had have been exercised, or any event which neither we, nor our agents or suppliers could have foreseen or forestalled, or related to any consequential loss not directly connected to the agreement with us.
47. You are obliged to assist us in recovering from any third party any sum which may compensate us for any sums we pay you. In particular, you are obliged to assign us any and all rights that you may have against any other person whose acts or omissions caused or contributed to our legal liability to pay compensation. You must also provide us with all assistance we may reasonably require.
48. You must follow the procedures for the notifications of complaints as set out below.
49. Excursions include, but are not restricted to, any sightseeing trips, events or other tours for which additional payment is required. If you purchase any optional activities that are not part of your pre-booked itinerary, the contract for the provision of the activity will be between you and the activity provider. The decision to partake in any such activity is entirely at your discretion and risk. If you have any complaints about, or problems with, any functional activity purchased your claim should be directed to the activity provider and not to us. However, should you or any member of your party suffer illness, injury or death during the period on your holiday, and the activity which does not form part of the arrangements made by us, we shall, where appropriate and subject to our absolute discretion, try to help if we can. We may help everyone on your booking up to a total of £5,000, as long as the following conditions are met:
49.1. You must ask us for such assistance within 90 days of the misadventure/incident;
49.2. You must make a claim under your insurance policy’s legal expenses and/or other appropriate section(s). You must show us proof that your insurance company has received your claim; and
49.3. In the event of a successful claim for costs against a third party or a suitable insurance policy or policies being in force, you must repay us the costs actually incurred by us in giving this assistance.
50. We may operate holidays in regions where standards of accommodation, transport, safety, hygiene, medical facilities and other infrastructure may, at times, be lower than you normally expect. The outline itineraries given for each holiday must be taken as an indication of what should be accomplished, not a contractual obligation on our part. Changes in itinerary may be caused by local political conditions, flight cancellations, mechanical breakdown, weather, border restrictions, sickness, or any other unforeseeable circumstances. Pro rata refunds will be given for services not used wherever possible.
51. In the event medical care becomes necessary on your holiday, you may be hours or days travel by water, or other non-vehicular transportation, from any medical facility. The medical facility in which you are treated may not have the same standards as hospitals or doctors’ offices in your home country. Decisions are made by our staff based on a variety of perceptions and evaluations of the situation at hand. You understand and agree to abide by these decisions.
52. Please note that the timings of any and all transport are estimates only. These timings may be affected by operational difficulties, weather conditions or failure of passengers to check in on time.
53. Where we are found liable for lost of or damage to any luggage or personal possessions (including money) on any basis, the maximum amount we will have to pay you is £1000 per person. Every payment is subject to your using appropriate proof of the contents of the value of the luggage for personal possessions concerned in demonstrating that we failed to take proper care of your property.
54. For all other claims which do not involve death for personal injury, if we are found liable to you on any basis the maximum amounts we will have to pay you is twice the holiday price (excluding any amendment charges) paid by or on behalf of all the person(s) affected in total unless a lower limitation applies to your claim elsewhere under this contract. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.
55. We cannot accept any liability for any damage, loss, expense or other sum(s) of any description which (1) on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them. Additionally we cannot accept liability for any claims, losses or expense which relate to any business (including, but not limited to, any loss of earnings incurred by any guest who is self-employed).
(7) Damage by you and your behaviour
56. You agree to not disrupt the enjoyment of others on the holiday with you or prejudice our reputation with any and all of our appointed agents or suppliers.
57. We will hold you and the members of your travelling party jointly and individually liable for any damage to the yacht and / or its accommodation, furniture, apparatus and/or other materials located within the accommodation, together with any legal costs we incur in pursuing a claim. It is your duty to report any breakages, defects or damage to an appropriate person immediately.
58. In addition to the above you must also bear in mind that you are responsible for your safety. We are not responsible for any accidents due to your inappropriate, or irresponsible, behaviour.
59. We expect that you would enjoy your holiday with us and we appreciate that you may drink alcohol as part of your enjoyment. You must, however, do so responsibly we will have no liability to you for any injury, loss or damage you suffer as a result of your judgment being impaired wholly or partly by alcohol. We also have a zero-tolerance policy on the use of any illegal drugs.
60. We cannot accept responsibility for the behaviour of others unconnected to us or our servants or agents which results in activities / services being withdrawn because of their actions.
61. We reserve the right to immediately terminate a holiday of any guest whose behaviour, in our opinion causes or is likely to cause distress, danger or significant annoyance to other guests, employees, agents or to any third party or damage to property.
62. In the event of such termination, our responsibility for the guest concerned immediately ceases and we will have no further contractual obligations towards that person including return travel arrangements. We shall further be under no liability to make any refunds of costs or expenses incurred by you as a result or pay any compensation.
(8) Special Requests
63. If you have any special requests, please inform us at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot promise that any and all requests will be complied with unless we specifically confirm this to you in writing.
64. For your own protection, you should obtain confirmation in writing from ourselves or from our appointed agent on our behalf that your requests will be complied with (where it is possible for us to get this) if your request is important to you. Confirmation that a special request has been noted or passed onto the supplier or the inclusion of this special request on your confirmation invoice or any other documentation is not confirmation that the request will be met.
65. Unless and until specifically confirmed, all the special requests are subject to availability.
(9) Medical conditions, disabilities and reduced mobility
66. If you have any medical condition or disability or suffer from reduced mobility which may affect your holiday (including any which may affect the booking procedure), please tell us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements and, if applicable, assist you with making your booking. You should email or telephone us with these details prior to making your booking. You must also promptly notify us of any deterioration or adverse change in your mobility which may affect your holiday which occurs after you book.
67. All guests are expected to satisfy themselves prior to booking that they are fit and able to complete the itinerary or their chosen holiday as described in this agreement.
68. Please note, the minimum age of any guest is 18 years of age at the date of departure.
69. Adequate and valid travel insurance is mandatory for all guests while on one of our holidays. You are strongly advised to insure yourself against any possible risk that may occur and in particular to ensure that you have sufficient insurance in respect of dependent relatives or force majeure events. You are required to carry proof of insurance with you and produce it if reasonably requested by our employees or suppliers.
70. Please do read your policy details carefully and take them on holiday with you. It is your responsibility to ensure that the insurance cover you purchase is adequate for your particular needs. We do not check insurance policies.
71. Please note that most travel insurance policies to not cover hazardous activities such as scuba diving and certain water sports etc. If you intend to take part in any such activities, you must obtain appropriate specialist insurance cover.
72. Should you have a problem or complaint at any time during your holiday, you must report it immediately to us or the appointed agent through whom you booked. Any complaint which is notified verbally must also be put in writing as soon as possible during your holiday.
If you remain dissatisfied, please email us at [email protected] or the appointed agent through whom you booked. Alternatively, you can write to us at:
LEVEL 9, 28 O’CONNELL ST,
SYDNEY, NSW 2000
ABN 33 603 651 172
In either case, you must do so within 28 days of your return from holiday giving your booking reference on all relevant information. Please include your email address, daytime and evening telephone numbers (if you are happy for us to contact you in this way) as this will enable us to respond to you more quickly. If you are not satisfied with our response we must be informed within another 28 days of our correspondence.
73. If you fail to follow this simple complaint procedure, your right to claim any compensation you may otherwise have been entitled to maybe affected or even lost as a result.
(12) Data Protection
74. By making a booking with us, you agree that we may use and disclose the information you provided for the following purposes: To enable us to process your booking, (which will include passing your information to third party suppliers, such as hoteliers, and may involve sending your information to countries that do not have an equal level of privacy legislation to that in the UK); for market research analysis, for improving customer service, the detection and prevention of fraud or other crime (which may include providing information to organizations such as banks and credit card companies), for compliance with legal requirements (which will include passing your information to the public authority such as customs and immigration) on, for marketing contact by means of post or telephone to provide you with offers, products and services carefully selected 3rd parties.
75. Telephone calls to/from ourselves maybe recorded for training and quality purposes or for preventing and detecting crime. If you have booked with us via our website, or through one of our appointed agents, or if you have chosen for us to contact you by email, we will communicate with you using the email address you have provided to supply you with your travel documentation.
If you wish to make a data subject access request for a copy of any personal data that we hold on you, please write to: CALYPSO EXPEDITIONS, REGISTERED OFFICE, LEVEL 9, 28 O’CONNELL ST, SYDNEY, NSW 2000ABN 33 603 651 172 If you wish not to receive marketing communications from us, please advise us by telephone or email or make the appropriate choices on the website when you book.
76. No variation of this agreement or of any of the documents referred to in it shall be effective unless it is in writing and signed by you and us or by one of our appointed agents through whom you have booked.
(14) Third party rights
77. A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This does not affect any right or remedy of a third party which exists, or is available, apart from that Act.
78. The rights of you and us to terminate, rescind or agree any variation, waiver or settlement under this agreement are not subject to the consent of any other third party.
(15) Governing law
79. This agreement and any dispute and/or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
80. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
81. It is possible that while you are on holiday, photographs or video may be taken for inclusion on our website or for other promotional purposes.
82. Where it is practical to do so, we will seek the consent of any guests who are prominently included in any shots. Consent will not generally be sought from guests should only appear in the background. No guests will be identified by name.
83. You are taken to have agreed to your image being included in any photography.