If the Customer is unable to attend the course for any reason, the Customer may propose a replacement person to take over the Customer’s contractual rights and obligations, subject to the prior written approval of NCP & Mare. NCP & Mare reserves the right to refuse a proposed replacement on reasonable grounds, including where the replacement person does not meet the applicable course requirements.
If the Customer cancels the course and does not provide an approved replacement, the following cancellation charges shall apply:
The cancellation date shall be the date on which NCP & Mare receives the Customer’s written cancellation notice.
Where the current booking has been made using, or the payment for the current booking has been transferred from, a previously cancelled booking, credit note or other transferred booking value, no refund shall be due to the Customer in the event of cancellation of the current booking, irrespective of the reason for such cancellation, unless otherwise expressly agreed in writing by NCP & Mare.
Where, following cancellation, NCP & Mare succeeds in reselling the Customer’s course place or berth to another customer, NCP & Mare may, at its sole discretion, waive or reduce the applicable cancellation fee by the net amount actually recovered from the resale, after deduction of a 10% rebooking and administration fee.
Any such reduction or refund shall be limited to the amount actually recovered by NCP & Mare and shall not exceed the amount paid by the original Customer.
The Customer acknowledges that cancellation or postponement may result in costs that are not recoverable from NCP & Mare. Customers are therefore strongly advised to obtain appropriate travel and cancellation insurance, including cover for personal or medical circumstances that may prevent attendance.
If NCP & Mare is unable to provide the booked course for reasons other than force majeure or circumstances attributable to the Customer, NCP & Mare shall, where reasonably possible, offer the Customer an alternative course date.
If the Customer is unable or unwilling to accept the proposed alternative course date, NCP & Mare shall refund the amounts actually paid by the Customer in respect of the cancelled course, including any deposit or course fee.
In the circumstances described above, the Customer expressly acknowledges that NCP & Mare’s liability shall be limited to the refund of amounts actually paid to NCP & Mare for the cancelled course. NCP & Mare shall not be liable for any additional costs, losses or expenses incurred by the Customer, including, without limitation, travel costs, accommodation, transportation, loss of income or other consequential or indirect losses, except where such limitation is prohibited by applicable mandatory law.
NCP & Mare shall not be liable for any failure, delay, alteration, postponement or termination of a course or cruise resulting from circumstances beyond its reasonable control (force majeure / cas de force majeure). Force majeure means any event or circumstance that NCP & Mare could not reasonably have foreseen, prevented or overcome, even when exercising reasonable care and diligence.
The above list is illustrative and not exhaustive.
Where a force majeure event occurs or is reasonably anticipated, NCP & Mare shall be entitled, without liability for compensation, to cancel, postpone, reschedule, alter or terminate the course or cruise, or to modify its programme where reasonably necessary.
NCP & Mare shall use reasonable efforts to minimise the consequences for the Customer and, where practicable, offer an alternative date or arrangement.
To the maximum extent permitted by applicable law, where a course or cruise is cancelled, postponed, altered or terminated as a result of force majeure, NCP & Mare shall not be obliged to reimburse or compensate the Customer for:
Any refund, credit or alternative arrangement offered by NCP & Mare in such circumstances shall be at NCP & Mare’s discretion, unless a refund is required by mandatory applicable law.
Nothing in these cancellation and force majeure provisions shall exclude or limit any statutory right, remedy or protection that cannot lawfully be excluded or limited under the applicable law.
